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Agenda 06/25/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 25, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI~'~ED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE 'IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 25,2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Susan Diamond, First Christian ChUrch' 2. AGENDA AND MINUTES Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 14, 2002 - Regular Meeting PROCLAMATIONS A. Proclamation observing July 7 - 13, 2002 as Parks and Recreation Month. To be accepted by Maria Ramsey, Parks and Recreation Director. B. Proclamation to support and recognize Independence Day 2002. To be accepted by Herb Luntz. Proclamation recognizing Tom Olliff, County Manager, for his leadership role in making Collier County a better place to live and work. To be accepted by Tom Olliff. SERVICE AWARDS FIVE-YEAR ATTENDEES: 1) Elaine Ayres, Pollution Control 2) Maria Corzo, Community Development 3) Susan Alden, Housing and Urban Development 4) Susan Mason, Code Enforcement 5) Denise Kirk, Solid Waste 6) Susan Usher, Office of Management and Budget 2 June 25, 2002 FIFTEEN-YEAR A'I'I'ENDEES: 7) PatrickWebb, Facilities 8) Willie Bullard, Transportation Operations TWENTY-YEAR ATTENDEES.: 9) Joseph Chirico, Transportation Operations TWENTY-FIVE YEAR ATTENDEES: 10) Robert D. Mayberry, Ochopee Fire DePartment Be PRESENTATIONS A. Recommendation to recognize Lynn Clarke, Special Populations Coordinator, Parks and Recreation, as Employee of the Month for June 2002. PUBLIC PETITIONS A. Public Petition request by Dex Groose to discuss Pine Ridge Road Landscaping from Airport Road to 1-75. See Note on Items 10C, 10F and 10G. B. Public Petition request by Calvin Etnoyer to discuss impact fee assessed on mobile home. C. Public Petition request by Dawn Malburg to discuss Planned Roads in Eastern Golden Gate Estates. 7. BOARD OF ZONING APPEALS 3 June 25, 2002 8. ADVERTISED PUBLIC HEARINGS This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CompaniOn Item: DOA-2002-AR-2299. Petition PUDA-2002-AR-2298, Alan Reynolds of Wilson Miller, Inc. and George L. Varnadoe of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Lamar Gable of Barron Collier Company, Ltd., requesting an amendment to the "Winding Cypress" Planned Unit Development (PUD), for the purpose of reducing the total number of approved dwelling units 2,892 to 2,300 units; reducing the project density from 1.5 units per acre to 1.2 units per acre; reducing the number of golf course holes from 45-holes to 18-holes; increasing the preserve area from 713 acres to 795 acres; revising the master plan to reflect these changes; and revising the development standards to allow for adjustments to the currently approved 30,000 square feet of floor area for the Village Center to allow a 5,000 square foot increase to the amount of recreation space while the amount of approved office space is decreased by the same amount for property located at the Northeast quadrant of Collier Boulevard (CR 951) and the Tamiami Trail (US 41) in Sections 26, 34, 35, 2 and 3, Township 50 and 51 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Companion Item: PUDA-02-AR-2298. Petition DOA-2002-AR-2299, Alan Reynolds of Wilson Miller, Inc., and George L. Varnadoe of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing La,ar Gable of Barron Collier Company, Ltd., requesting an amendment to the "Winding Cypress" Development of Regional Impact (DRI), for the purpose of reducing the total number of approved dwelling units; reducing the project density; reducing the number of golf course holes; increasing the preserve area; revising the development standards; and revising Section 2.0, Historical and Archaeological, Paragraph D, of the Development Order to eliminate language requiring that the developer seek registration of sites in the National Register of Historic Places for property located at the Northeast Quadrant of Collier Boulevard (CR 951) and the Tamiami Trail (US 41) in Sections 26, 34, 35, 2 & 3, Township 50 and 51 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2002-AR-2487, Vincent A. Cautero, AICP, of Wilkison and Associates, representing The Gilbros Company, requesting a rezone from "A" Rural Agricultural to "RSF-5 (3)" for a single- family subdivision located on the west side of Greenway Road, approximately 1 mile north of US 41 and approximately 3 1/2 miles east of Collier Boulevard (CR 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 26.4 acres. 4 June 25, 2002 This item has been deleted. Recommendation that the Collier County Board of County Commissioners review proposed amendments to the Capital Improvement Element; Transportation Element; and Future Land Use Element of the Collier County Growth Management Plan and forward transmittal to the Department of Community Affairs. Complete copy of back-up material is available in the Community Development and Environmental Services Department, Horseshoe Drive. o BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the 1-75/Golden Gate Parkway Ad Hoc Advisory Committee. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory Committee. D. Appointment of members to the Collier County Housing Finance Committee. E. Discussion regarding commercial property maintenance and Code Enforcement authority. (Commissioner Fiala) F. This item has a time certain of 10:00 a.m. Report on the activities of the Workforce Housing Advisory Committee. (Commissioner Fiala) 5 June 25, 2002 G. Request by the Pelican replacement member. Bay MSTBU Advisory Committee to appoint a Request that the Board of County Commissioners reconsider its June 11th action regarding Item 10C, "Request Board provide staff with direction in regard to landscape maintenance on Devonshire Boulevard." See Note on items 10C, 10F and 10G. (Commissioner Coyle) Discussion regarding Contract Change Order Policy. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. ~e certain of 10'.10 a.m. Report to the Board by Keith Arnold regarding the 2002 Legislative Session. B. 2002 Hurricane Update presentation. Co Status report for the Board's review of the interchange enhancement recommendations requested by the Golden GateJI-75 Ad Hoc Beautification Committee. Note: It is requested that this item be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation Services) Recommendation that the Board of County Commissioners enter into an Agreement with DHR International in the amount of $15,000 to obtain qualified candidates for the position of Collier County Manager. (Jeff Walker, Director, Employee Services) Adopt a Resolution giving priority to the acquisition of additional right-of-way along the "951 Corridor". (Norman Feder, Administrator, Transportation Services) 6 June 25, 2002 That the Board consider a request from the Livingston Road Phase II Beautification MSTU Advisory Committee for support for the beautification of Livingston Road Phase II. Note: It is requested that this item'be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation ServiceS) Approve an Addendum to the Landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida; authorizing the Chairman to expand the boundaries of the existing US 41 North Phase I Agreement to Vanderbilt Beach Road. Note: It is requested that this item be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation Services) He Appeal to Board of County Commissioners of Town Market Project Administrative Sign Permit Revocation; Mr. George Chami/Kenneth B. Cuyler, Esquire. (Joseph Schmitt, Administrator, Community Development) To approve the Applied-for-Transfer of the Cable Television Franchise from Comcast Corporation to AT&T Comcast Corporation. (Joseph Schmitt, Administrator, Community Development) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT Closed Attorney-Client Session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and/or strategy related to Litigation Expenditures in Shader-Lombardo Investments, LLC v. Collier County, Case No. 01-4135-CA-HDH, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. Recommendation that the Board of County Commissioners approve a Settlement Proposal for Shader-Lombardo Investments, LLC v. Collier County, Case No. 01-4135-CA-HDH, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 7 June 25, 2002 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an agreement with City of Naples to undertake construction of new River Park Community Center using $750,000 ($250,000 per year for three year.~) of the County's Community Development Block Grant (CDBG) funding. The Board of County Commissioners approved this project as a part of the County's Consolidated Plan FY01-05 on May 8, 2001. 2) Approval of an agreement with City of Marco Island to undertake construction of Tallwood Street Storm Water Drainage System using $750,000 ($250,000 per year for three years) of the County's Community Development Block Grant (CDBG) funding. The Board of County Commissioners approved this project as a part of the County's Consolidated Plan FY01-05 on May 8, 2001. 3) Request to approve for recording the final plat of "Pine Air Lakes Unit Four". 4) Approve a Budget Amendment recognizing the Fiscal Year 2003 State Housing Initiatives Partnership (SHIP) Program Budget. 5) Final acceptance of sewer utility franchise for Westview Plaza. 6) Approve 2002 Tourism Agreement with Marco Island Film Festival for Tourist Development Special Event Grant of $96,000, as recommended by the Tourist Development Council. 7) Request to approve for recording the final plat of "Mediterra Parcel 113", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 8) 9) This item has bccn deleted. Petition AVESMT2001-AR1147 to vacate, renounce and disclaim a portion of the easement for public road right-of-way recorded in Official Record Book 1319, Page 1638, Public Records of Collier County, Florida. Located in Section 4, Township 49 South, Range 26 East. 8 June 25, 2002 10) Recommendation to approve Commercial Excavation Permit No. 59.522 (MOD), "Quail West Oflsite Hauling," located in Section 8, Township 48 South, Range 26 East; bounded on the North by Parkland West PUD (Lee County), on the South by Terafina PUD on the West by QUail West PUD and on the East by Mirasol PUD. 11) Petition AVESMT2002-AR1995 to disclaim, renounce, and vacate the County's and the Public's interest in a parcel of land conveyed to Collier County as a utility easement, recorded in Official Record Book 2896, Pages 3146 through 3150, Public Records of Collier County, Florida. Located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. 12) Requesting the Board of County Commissioners authorize the Chairman to issue a Letter of Support for the current Comprehensive Economic Development Strategy, to be submitted to the U.S. Economic Development Administration by the Southwest Florida Regional Planning Council on behalf of their members. 13) Request to approve for recording the final plat of "Jellystone Park". 14) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Shores at Berkshire Lakes Phase Two-A". 15) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Shores at Berkshire Lakes Phase Two-B". 16) Approval of Contract #02-3317 in the amount of $39,575 with Henderson, Young and Company for consultant services for an Educational Facilities (School) Impact Fee Update Study. 17) Request to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 18) Request to approve for recording the final plat of "Mediterra South Golf Course Phase Four". 19) Approve the Settlement Agreement to compromise lien imposed in Code Enforcement Case entitled Collier County v. Juan and Veronica Barnhart, CEB Case No. 99-030. 20) Resolution to extend the term of the Golden Gate Area Master Plan Restudy Committee through June 26, 2003 and reappoint members. 21) Ratify Emergency Purchase Order #Z02-008 issued to Naples Dock and Marine Services in the amount of $22,000 in order for the County to utilize grant funds for derelict vessel removal. 9 June 25,2002 22) 23) 24) 25) 26) 27) 28) Request to approve for recording the final plat of "Sierra Meadows", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Petition AVESMT2002-AR2228 to disclaim,, renounce and vacate the County's and the Public's Interest in a parcel of land conveyed to Collier' County as a conservation easement and recorded in Official Record Book 1973, Pages 1886 through 1870, Public Records of Collier County, Florida. Located in Section 4, Township 50 South, Range 26 East. Approve a Budget Amendment to transfer $76,400 from Fund #113 Reserves to Community Development and Environmental Services Administration Personal Services. Approval of an impact fee refund request in the amount of $51,780.00. This item continued from the June 11~ 2002 BCC Meetinn. Amendment to an existing Affordable Housing Density Bonus Agreement for Saddlebrook Village PUD. Staff review and recommendation relative to the attached list of "PUD Sunsetting Projects", which according to the required PUD status report submitted by the property owners/agents, have not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code (LDC), resulting in staff direction from the Board of County Commissioners to bring these products forward with a recommendation to require the property owner(s) to submit an amendment within six months. Recommendation to allow removal of 191,000 cubic yards of excess excavated material from the site of Classics Plantation Estates, Phase One, located in Section 27, Township 50 S., Range 26 E. of the Lely PUD, Collier County, Florida. B. TRANSPORTATION SERVICES 1) A Resolution of the Collier County Board of County Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). 2) A Resolution confirming the terms of office of members to the Vanderbilt Beach Beautification Advisory Committee. 3) Approve a Purchase Agreement and accept a warranty deed to acquire a 1.03 acre parcel of land in the Lely Lakes Subdivision at a cost of $8,110.50 for the Lely Area Stormwater Improvement Project which is located within the East Naples Area. Project No. 31101. 10 June 25,2002 4) Award RFP 02-3346 - Standardization of Decorative County Street Lights to Consolidated Electric Distributors Inc. 5) Approve Bid #02-3366, "SR M-Davis Boulevard, Phase II, Project #60098, a Landscape Renovation for $631,423.35". . 6) Approve Budget Amendment for Utility Impact Fees, Bid #02-3366 fOr SR 84-Davis Boulevard Project #60098, in the amount of $70,926 from Fund (111) Reserves. 7) This item has been deleted. 8) Approve Work Order Amendment No. ABB-FT-00-07-A01 and the associated Budget Amendment in the amount of $29,679.00 for the Wiggins Pass Road Outfall Project. (Project No. 31212) 9) Approve Contract Agreement No. C-12252-A1 with the South Florida Water Management District for a time extension of a Funding Assistance Agreement for the Gateway Triangle Stormwater Improvements. (Project No. 31803) 10) 11) 12) 13) This item has been deleted. Approve Work Order Amendment No. NTI-FT-02-02-A01 in the amount of $25,080 to Native Technologies Inc., for the Gordon River Cleanout Project #31005. Approve Award of a Construction Contract to the lowest bidder, Ajax Paving Industries Inc., for the 2001-2002 Pathways Program, Bid No. 02- 3376 in the amount of $613,797.75. Direction for the County Attorney to prepare a Written Notice of Termination of the Interlocal Agreement between the Board of County Commissioners of Collier County and the City Council of the City of Marco Island, dated January 19, 1999, which provides for the collection of County Impact Fees by the City Government, the percentage distribution between the two entities of road impact fees collected by the City, and reimbursements from the County to the City for Administrative Costs associated with the collection of County Impact Fees other than those for roads; and authorization for the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners; and direction for staff to commence negotiation of a new Interlocal Agreement. 14) This item has been deleted. 15) Approve Agreement for the Design and Construction of Traffic Signalization and Ramp Realignment for the Immokalee Road and Tarpon Bay Intersection to be built with the Immokalee Road/I-75 Interchange Improvements, Project No. 66042. 16) Approve the Metropolitan Planning Organization (MPO) Budget for Grant Year 2002-2003. 11 June 25, 2002 · ed~ne 11 2.00..2._BC_C_~.e~ti,~n,~ preaentationof 17) ~oa-~ Plan and request the approval of the Revised-i-ransportatio-.-' ...... o position to the Transportation an additional Senior Project Manager Engineering and Construction Management Department. Fiscal Year 03, Cost $85,300. · Adopt a Resolution authorizing condemnation of right-of-way and/or 18) . onstruction of a four-lane section of easem, ents_ ~r_e~l..,u'r~ed~v fe~°rn ~so~; Boulevard and CR 951,Colher Boulevard immoKalee nu,=,, ...... Project No. 60018). Estimated (Capital improvement Element No. 71, Fiscal Impact: $5,732,106. Request the 19) ~hthe State the use of the Florida Department of Transportation (FDOT) Maintenance Facility on Davis Boulevard for the purpose of transferring all Collier County Road and Bridge, Landscape and Roadway Drainage Maintenance Operations from the County Barn Road Facility and to request the Board enter into an Interiocal Agreement for Asset Management with the FDOT for maintenance of all FDOT roadway segments within Collier County for an annual reimbursement of approximately $1,396,000 for services rendered. PUBLIC UTILITIES 1) Amend Professional Services Agreement with Hole Montes RFP 93-2121 for engineering services and approve work order to Youngquist Brothers RFP01-3139 to construct an iniection well at the South County Water Reclamation Facility, in the amount of $3,257,780, Proiect 73154. 2) Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $240.00 to record the liens. 3) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. 4) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. 5) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Oisposa~ Services Special Assessment. Fiscal Impact is $22.50 to record the lien. 12 June 25, 2002 6) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $40.50 to reCord the lien. 7) Recommendation to reject Bid No. 02-3325 for backflow prevention assemblies and associated materials. 6) 9) 10) 11) 12) Declare surplus and donate pumping equipment to the Court appointed receiver for the Lee Cypress Cooperative. Approve a Budget Amendment in the amount of $355,000 to fund unanticipated expenses within the Water Distribution Cost Center. Approve the execution of a Revised (Utility) Easement Modification Agreement with Imperial Golf Club, Inc., for the installation of a re-use water line to accommodate the construction of a new clubhouse facility. Award a Construction Contract to Hayward-Baker, Inc. for the North County Water Reclamation Facility (NCWRF) expansion to 30.6-million gallons per day (MGD) Maximum Month Average Daily Flow (MMADF) Phase 1A-Liquid Stream Vibro-Replacement, Bid 02-3373, Project 73950, in the amount of $464,000. Approve a Work Order to Youngquist Brothers Inc., in the amount of $650,000 to fund and complete the repair of deep injection well #1 at the North Regional Water Treatment Facility. 13) Award a Contract to Florida State Underground Inc. to construct five reliability wells in the Golden Gate Wellfield in the amount of $1,566,064, Project 70066. 14) Accept right of entry documents for the Port-Au-Prince Subdivision Utility Replacement Project at a cost not to exceed $500. 15) Approve an Interlocal Agreement between the City of Naples and Collier County for the County to accept Horticultural Debris (Yard Waste) generated within the City of Naples. D. PUBLIC SERVICES 1) This item continued from the June 11~ 2002 BCC Meeting. Approve a Resolution and a License Agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri. 2) Approve a transfer of additional, uncommitted tourist tax revenues collected in Category C (Museums) of $224,100 to partially restore the Collier County Museum's Budget in Fiscal Year 2003. 13 June 25, 2002 3) Authorize the Collier County School Board to prepare the food for the Summer Food Service Grant Program in the amount of $250,000. 4) Approval of an assignment of Ground Lease Agreement betWeen Primeco Personal Communications, L.P., now known as Verizon Wireless Communications end Cleershot communications, Inc., and secure approval of a first amendment to Ground Lease Agreement with Clearshot Communications, Inc., with an increase in annual rent in the amount of $7,200. 5) Approval to secure a lease agreement with Park East Development Ltd., for office space to be utilized by the WIC Program at an annual rent of $20,460. 6) Amend the Parks and Recreation Department Facilities and Outdoor Area License and Fee Policy (FY 03 Increased Revenue of $577,000). 7) Approve the renewal and amendment of Contract #97-2623 "Skateboard Park Concession" with Sanctuary Skate Park-Collier, Inc., formerly Sparrow Ventures Inc. (Projected Annual Revenue of $1000) 8) Request to approve a Resolution extending the term of the Collier County Health and Human Services Advisory Committee, and appointing and extending the Terms of Members of the Collier County Health and Human Services Advisory Committee. 9) Approval of an agreement with the Collier County School Board for Athletic Field Improvements at Osceola Elementary in the amount of $391,559. 10) Approve an Interlocal Agreement with the City of Everglades for the Community Center Skate Park Project for up to $25,000 in matching funds. 11) This item was continued from the June 11~ 2002 BCC Meetinq. Approve changes to the Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. 12) Approve the purchase of a 0.14-acre lot for a neighborhood park in Isles of Capri at a total cost of approximately $81,700. 13) This item has been deleted. 14) Award a Construction Management et Risk Contract #01-3189 to Kraft Construction for North Naples Regional Park, Project No. 80602 and approving design phase fees in the amount $175,000. E. ADMINISTRATIVE SERVICES 14 June 25,2002 1) 2) 3) Approval to secure a Lease Agreement with Islands and Highlands, LLC, for office and garage/warehouse space to be utilized by the Sheriff's Office at an annual rent of $28,275.00. Approve Committee Selection of Firms for Contract Negotiations for RFP01-3290 "Fixed Term Professional' Engineering Services" for an estimated annual amount of $1,000,000. Approve the conveyance of a portion of the GAC Land Trust Reserved List Property to Collier County for Immokalee Road Widening Project (Project No. 60018) at its $161,700 appraised value. 4) 5) 6) Approve Budget Amendment to increase appropriations and associated revenues for operating costs in Fleet Management Administration Fund (521) in the amount of $99,200, decrease appropriations and associated revenues for fuel in the amount of $568,600, and recognize revenues for current and prior year reimbursements in the amount of $11,600. Approve Amendment No. 5 to Professional Services Agreement with AEC National Inc., for the design of the expansion and renovation of the Naples Jail Center in the amount of $758,380. Request Board approval to purchase equipment and services necessary to add two (2) additional tower sites to the County's 800 MHz Radio System at a cost of $1,400,000 financed over five (5) years. F. EMERGENCY SERVICES 1) Award Bid No. 02-3369 for the purchase of medical supplies and equipment for the Emergency Medical Services Department to: Aero Products Corporation, Emergency Medical Products, Emergency Medical Supply, McKesson Medical, MDS Matrix, Micro Bio-Medics, Moore Medical, PMX Medical, Quadmed, Southeastern Emergency Equipment and Tri-Anim Health Services at an estimated annual cost of $179,000. 2) Approval of an Agreement between Collier County and the City of Marco Island for the provision of fire protection end rescue services to the Unincorporated Areas of Goodland and Key Marco at an annual cost of $56,564.00. 3) Approve an Interlocal Agreement between the City of Naples and Collier County for an Advanced Life Support (ALS) Engine Partnership Program, One Time Equipment Cost of $50,000 and annual Personnel Cost of $15,000. 15 June 25, 2002 4) Adopt s Resolution authorizing the Acceptance of Modification #1 to a Hazard Mitigation Grant Agreement between the Florida Department of Community Affairs and Collier County. G. COUNTY MANAGER 1) Approve the Service Contract of the Acting County Manager. 2) Approval of Budget Amendment Report - Budget Amendment #02-361 (1981 Water Management ClP (Fund 325), Stormwater Management) in the amount of $21,110. AIRPORT AUTHORITY 1) Approve the acceptance of $250,000 Grant from the US Department of Agriculture. 2) Approve modifications of budget for Capital Improvement Projects. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items To File For Record With Action As Directed. K. OTHER CONSTITUTIONAL OFFICERS 1) This item has been deleted. 2) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2002-2003 and to obtain approval for the Chairman to sign the application. 16 June 25, 2002 3) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. 4) New Precinct Lines to reflect the 2002 ReappOrtionment Lines. COUNTY ATTORNEY 1) Approve a Developer Contribution Agreement with G-4 Partnership, Juliet C. Sproul Testamentary Trust and Barron Collier, III ("Developer") for the contribution of land to Collier County for Goodlette Frank Road Right-of- Way. 2) Recommendation that the Board of County Commissioners approve a Separation Agreement, entitled "Settlement Agreement and Mutual Release" between Employee Charmaine Steiner and the County. 3) Approve the Agreed Order awarding Expert Fees relative to the Easement Acquisition of Parcels 2.4T and 53-t in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041 ). 4) Approve the Agreed Order awarding Attorney's Fees relative to the Acquisition of Parcel 2.4T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041). 5) Approve Mediated Settlement Agreement and Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 167, 767, 867A and 867B in the Lawsuit entitled Collier County v. Wallace L. Lewis, Jr., et al, Case No. 01-0711-CA, Project No. 60071. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO 17 June 25, 2002 SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ao RZ-2001-AR-1934, Vincent A. Cautero, AICP, of Wilkison and Associates, Inc., representing Empowerment Alliance of SW Florida - Community Development Corporation, requesting a rezone from C-4 and'C-5 to RMF-6 for affordable housing and from RMF-6 to C-4, located northeast of the intersection of East Eustis Avenue and South First Street in Immokalee in Section 3, Township 47 South, Range 29 East, Collier County, Florida, consisting of 7.255+ acres. Petition AVPLAT2001-AR1861 to disclaim, renounce and vacate the County's end the Public's interest in a portion of the 5 foot wide utility easement and a portion of the drainage and golf course easement located on Lot 415, of the plat of "Rivera Golf Estates Unit 2", as recorded in Plat Book 13, Pages 108 through 111, Public Records of Collier County, Florida. Located in Section 17, Township 50 South, Range 26 East. Co This item to be continued to the July 30~ 2002 BCC Meeting. A Resolution to approve the extension of the Geographic boundaries of the Collier County Water-Sewer District to incorporate the receiving and neutral areas within the Rural Fringe Area. Adoption of a Resolution amending the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended by the Collier County Consolidated Impact Fee Ordinance, as amended. Adoption of an Ordinance amending Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), incorporating changes to the Affordable Housing Provisions to update the definitions of eligible income groups and to extend waiver and deferral eligibility standards to include owner-occupied residential condominiums and townhouses. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 June 25, 2002 AGENDA CHANGES BOARD OF COUNTY COMMZSSZONERS' MEETTNG 3une 25, 2002 CONTINUE ITEM 6(B) TO 3ulv 30, 2002 BCC MEETING: Public Petition request by Calvin Etnoyer to discuss impact fee assessed on mobile home. (Petitioner request.) MOVE ITEM 16(A)19 TO 10(31: Approve the Settlement Agreement to compromise lien imposed in Code Enforcement Case entitled Collier County v. .7uan and Veronica BarnharC CEB Case No. 99-030. (Commissioner Coyle request.) MOVE ITEM 16(B14 to 10(K): Award RFP 02-3346 - Standardization of Decorative County Street Lights to Consolidated Electric Distributors, :~nc. (Staff request.) MOVE 1TEM 16(B)13 TO 10¢L1: Direction for the County Attorney to prepare a Written Notice of Termination of the ~nterlocal Agreement between the Board of County Commissioners of Collier County and the City Council of the City of Marco Island, dated 3anuary 19, 1999, which provides for the collection of County Impact Fees by the City Government, the percentage distribution between the two entities of road impact fees collected by the City, and reimbursements from the County to the City for administrative costs associated with the collection of County Tmpact Fees other than those for roads; and authorization for the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners; and direction for staff to commence negotiation of a new Interlocal Agreement. (Commissioner Fiala request.) MOVE ZTEM 1~(B)11~ TO 10(M1: Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of :l:mmokalee Road between Wilson Boulevard and CR 9SI/Collier Boulevard (Capital Tmprovement Element No. 71, Project No. 60018). Estimated Fiscal Tmpact: $5,732,106. (Staff request.) **THE FOLLOWING 3 ITEMS ARE BEING MOVED FROM THE CONSENT AGENDA TO REGULAR AGENDA AND ARE TO BE CONSTDERED AS COMPANZON I"TEMS: (Commissioner Coyle request.) **MOVE 1"1'EM 16(D11 TO 10(N}: This item cQntinued from the 3une 11, 2002 BCC meetinu. Approve a Resolution and a License Agreement with the Zsles of Capri Civic Association to designate land for future tennis court on Zsles of Capri. **MOVE 1TEM 16(D} 11 TO 10(O~: This item c(~ntinued from the 3une 11, 201~2 BCC: meeting. Approve changes to the Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. **MOVE 1TEM 16(D}12 TO 10(PI: Approve the purchase of an 0.14-acre lot for a neighborhood park in Isles of Capri at a total cost of approximately $81,700. ADD 1'rEM 10(O_~: Approval of Recommended FY-03 Budget Adjustments. (Staff request.) MOVE TTEM 16~D}6 TO 10(R1: Amend the Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, (FY 03 increased revenue $S77,000). (Staff request.) MOVE ITEM 16(E~6 TO 10(S1: Request Board approval to purchase equipment and services necessary to add two (2) additional tower sites to the County's 800 MHz Radio System at a cost of $1,400,000 financed over five (5) years. (Commissioner Coletta request) MOVE 1"1'EM 17D TO 8(Gl: Adoption of a Resolution amending the Parks and Recreation Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier Code of Law and Ordinances, as amended by the Collier County Consolidated Impact Fee Ordinance, as amended. (Commissioner Coyle request.) NOTE: Item 16(A)25 - Although the title indicates a refund, the action will approve a deferral agreement in accordance with Board policy and full payment of impact fees will be required in six years. PROCLA~A TION WHEREAS, the us~ of our park~ and participati~ in recreation programs add more balance to life, p~ovide cam aY latchkey children, inc~ose communication ~kills, build ¢elf eateem, feaeh vi¢al life ~kill~ and ~vid~ WHEREAS, the economy, enhance prol~ty values, aPtract new business, increase tourism, reduce crime, diminish 90~3 ~olence and cu~o employee absentedsm/ and, H/HEREA$, the productive use of leisure builds family un/fy, sfre~thens neighborhood involvement, offers opportunity for social interaction, creates a more educated community, develops creati~fy and promo~e~ sensitivity m cul?o~al d/versify; and, WHEREAS, our parks and #~ils ensure ecological beauty, provide space to enjoy nature, help maintain wa~m a~ ~m$em p/oat and animal FVHEREA$, H/H£REA$. WHEREAS, of NOW THEREFORE, Caunfy, care coat5, help res/dents t or who and July Week RECREA', and July 7-15, ZOOZ, as Theropaotic Recreation ~geek which recognizes all the benefits d~ved from qualify puldic and pWvam recreation and DONE AND ORDERED THIS 2§th Day of June 2002. BOARD OF COUNTY COAMAM~$$ZONER$ COLLZER Co! INT~. FLOI~TDA d'XM COLETTA, CHAXR&4AN I ',,' AGEND ITEH "O- -, JUN 25 200Z BROCK, CLERK WHEI~e,4$, WHEREAS, WHEREAS, pROCLA~4A TION Coil/er County des/res to acknowledge the July 4~ 2rndependence Da), celebration in a befitting manner; and, such a patriotic event shouM include representation by our country's m/l#ary; and, members of the County Commission wish to express their personal 9rofitude and hearlfe# thanks to each of those citizens so 9enerou$ with their service; and, numerous members of the United States A~ilitary have accepted an invitation fram Cai#er County and ~he City of Nap/es to pe~orm during the 4n of uTul), celebration; and, the first Thursday in July ZOO2 has been designated as Independence Day. NOW THEREFORE, be it County, the UniI~d_$~.t,ca ..and.urg~ service- ct~ b~d schools. ~ become wom~ ~ ~ ~rmed ~i~e~ ~nd ce/ebra~ DONe AND ' CO~ !;rER COU~, A TTE$ T: DWIGHT E Commissioners of Coil/er of members of businesses, our men and Day 2OOZ No. JUN 2 5 2002 PROCLAA4A TION WHEREAS. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Thomas W. Oil/fl has worked for Collier County ~ovecnment for 28 years begfnning in 1983; end, t~r. OIIiff has served Co/I/er County in management of the Solid Waste Department, as the Fleet ddanagement Director, the Purchasing Director, the Capita/ProJects A~ana~ement Director, the Community Development Administrator, the Public 5e~ice~ ~dm/n/~roror and, mos~ recently, ~he Coun~ ~anager; an~ during his tenure, /Ar. OIIiff has worked for 4 County/Aanagers and Z$ County Commissioners: and, Mr. O//iff wot instrumental in the negotiations that resulted in the public acquisition of the Domestic Animal Services Facility, and the Pelican Bay, Cocohatchee River, and Bugden regional parks. He successfully managed the design and construction of Barefoot Beach Preserve, expanded the Central Avenue, Vanderbi/t, ~arco IMand and Go/den ~ate Libraries. He oversaw the contraction of the Estate~ Branch and the North Coil/er ~gional libraries, gag/ex Lakes communi~ park$, and the fmmokalet Gymnasium and Pod; .an~ .. % creat/oO' d~ ~': ~an~timn fo~a~. ~r. 011i~ Can be ~ of the title, Executive'; of role in one of the Coil/er County into includin~ the recruited for Critical/and coming ~o P/an are for those he has most difficult life; and, WHEREAS, /AC. OIIiff'~ Commissioners NOW THEREFORe, be it proclaimed by the Board of County Commissioners of Coil/er County, F/or/do. that we are grateful for the long and exemplar~ services provided to us by Thomas ~q'. O//iff and we ~cognize ~ha~ Co/Her Count, a communi~, i~ a much be~er place ~o i/ye, work and ~/~e famili~ a~ a result of his e~o~s. DONE AND ORDERED 7'/~$ Z§th A TTE$ T: Day of ~une ZOOZ. o~RD OF C.JUNTY COLI-T~ COUNTY, FLORZDA ,TX~ COLE7-1'A, CHAZRA4AN EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE LYNN CLARKE, AS EMPLOYEE OF THE MONTH FOR JUNE 2002. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Lynn has performed extraordinarily in her short time of one year as Special Populations Coordinator with the Parks and Recreation Department. Lynn has a solid background in working with special needs participants and has wholeheartedly accepted the duties, responsibilities and challenges this position demands. Lynn increased summer camp participation by 100% and has introduced many new programs for special needs youngsters including; Spring and Winter Break Camps, Kids Night Out, Parents Night Out, Adaptive Aquatics Program, No School Fun Day's, Kids Shopping Day and has a proposal for a Special Needs Softball Team. In addition, Lynn applied for and received a grant from the Community Foundation of Collier County, which allowed her to offer a fifth week of summer camp for the children. Lynn has implemented a special needs program flyer for distribution to prospective participants and works closely with both county and city recreation staff members. Lynn radiates a positive influence on staff, participants and parents by her commitment, determination, passion and willingness to go the extra mile in providing the best possible service to our special needs population. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Lynn Clarke, Special Populations Coordinator, Parks and Recreation, be recognized as the "Employee of the Month" for June 2002. PREPARED BY:/(._~¢_.~.,k__~//~_d~.-.~'7~--_ DATE: Dawn Ragone, Admini~rative Assistant 6/7/02 Employee Services Department J~'-.~/~l~:er, Director Employee Services Department _Jo-Anne' Va'rco~Leamer, Administrator Administrative Services DATE: ~ ~_~~~ 6/7/02 DATE: 6/7/02 JUN 2 b 2002 COLLIER COUNTY MANAGER'S OFFICE June 12, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Dex Groose 5202 Kensington High Street Naples, FL 34105-5651 Re: Public Petition Request to Discuss Pine Ridge Road Landscaping From Airport Road to 1-75 Dear Mr. Groose: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 25, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a . ..... ~ ,.,~,.,,,~, ,,,, consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. OIh'ff ~.~.~' ~) County Manager TWO:jeb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator 5202 Kensington High St. Naples, FL 34105-5651 June 12, 2002 jUN 1 2 2002 Ar~ION !,.r- ,c. ! ~ _ ~'?.. ,' .., ,. FILE Mr. Tom Olliff County Manager, Collier County 3301 Tamiami Trail East W. Harmon Turner Bldg. Naples, FL 34112 Dear Mr. Olliff: I would like to ask your help for a public petition to initiate an MSTU for the purpose of landscaping Pine Ridge Road, fi.om Airport Road easterly to 1-75. This short section of roadway is our major gateway to Naples. It should be a reflection of what this community is about. Since Pine Ridge was widened this year, and irrigation stubs were placed in the median, it's now ready for Beautification. I will offer my help to work with staff in defining the boundaries of the MSTU, and in gaining public and commercial support for it. I am currently a member of the MSTU for landscaping Livingston Road. Sincerely, /~ COLLIER COUNTY MANAGER'S OFFICE June 13,2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Calvin Etnoyer 18660 Immokalee Road Naples, FL 34120 Re: Public Petition Request to Discuss Impact Fee Assessed on Mobile Home Dear Mr. Etnoyer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 25, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff County Manager TWO:jeb cc: David Weigel, County Attomey Joe Schmitt, CD&ES Administrator Phil Tindall, Impact Fee Coordinator RECEIVED COUNTY MANAGER OFFICE JUN 1 2002 June 13,2002 FILE Mr. Thomas W. Olliff, County Manager 3301 East Tamiami Trail Naples, FL 34104 Subject: Request for Public Petition Dear Mr. Olliff: I am requesting an opportunity to petition the Board of County Commissioners at the June 25, 2002 regular Board meeting for relief regarding impact fees assessed on my mobile home located at 18660 Immokalee Road. I have been working with the Impact Fee Administration office and Code Enforcement Department, but the issue has not been resolved to my satisfaction, and I have no remaining recourse other than to petition the Board. I was sited for a Code Enforcement violation because I currently have two mobile homes on my property that connect to the same water, septic tank and electric. My home has been on the property since 1974. The second mobile home was permitted in 1981. At the time the first mobile home was placed it was common understanding that a building permit was not required on agricultural land, and therefore, I did not obtain a building permit. I am currently in the process of obtaining the proper permits to bring both homes up to code, however I still require assistance with the matter of the impact fees. I am now applying for all of the proper building permits to legalize both dwellings, and it has been explained to me that I will be assessed impact fees on the mobile home at current rates because I did not have a building permit in 1974. The impact fees total $3,872.82 - for a home that has been in place for almost 30 years. This is creating a great financial hardship. It is my understanding that the Board has given relief for similar requests in the recent past. Sincerely yours, Calvin Etnoyer cc: Board of coUnty Commissioners (6) AGENDA I'EM -"- COLLIER COUNTY MANAGER'S OFFICE June 14,2002 Mrs. Dawn Malburg 3520 4th Avenue SE Naples, FL 34101 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request to Discuss Planned Roads in Eastern Golden Gate Estates Dear Mrs. Malburg: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 25, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future aaenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb cc:. David Weigel, County Attorney Norman Feder, Transportation Services Administrator 06/14/2002 Stm. e Mr.'l Colli, 330 I Napl~ Dear fail the h now dcsp~ con'~ Soml petit2 Corn agcn Mrs. {4:24 F&X 94 74 602 BCC 002/002 Dawn Malburg 3520 4* Ave. S.E. P.O. Box 11794 435-2018 daytime phone Naples, FL 34101 4,2002 ~m Olliff, County Manager County Gcvcmment TamiamiTrail s, F L34112 ~ublic Petition for June 25, 2002 BCC Meeting &. Olliff: · especffully requesting that you place the following item on tl~ June 25th Agenda, under ;ading of Public Petition. :sidents in the eastern pm-t of Golden Gate Estates feel ut a loss for lack of planned roads md hi the i_mmediat¢ future. I sec this petition as necessary to aid us in bringing this cate issue to the attention of the Board of County Co_mm_Jssioucrs, so that effective ;five action can be taken. time ago, thc past county commission passed an ordi-~,nce regulating public petitions. )rdinance was so constructed that no successful petition wording has come forth at th/s I hereby request that thc commissioners direct the County Attorney to prepare a legal ~n for thc residents of the Csoldcn Gate Estates to use to petition the Boerd of County nissionczs to four-lane Golden Gate Boulevard from Wilson Road to DeSoto Blvd. you for you~ consideration in th_is matter. Please ad~is~ me i~this will be on the June 2.5m la so that I can be sure to be there to address this issue. EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2298, ALAN REYNOLDS OF WILSON MILLER, INC., AND GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING LAMAR GABLE OF BARRON COLLIER COMPANY, LTD., REQUESTING AN AMENDMENT TO THE "WINDING CYPRESS" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF REDUCING THE TOTAL NUMBER OF APPROVED DWELLING UNITS FROM 2,892 TO 2,300 UNITS; REDUCING THE PROJECT DENSITY FROM 1.5 UNITS PER ACRE TO 1.2 UNITS PER ACRE; REDUCING THE NUMBER OF GOLF COURSE HOLES FROM 45-HOLES TO 18-HOLES; INCREASING THE PRESERVE AREA FROM 713 ACRES TO 795 ACRES; REVISING THE MASTER PLAN ~O REFLECT THESE CHANGES; AND REVISING THE DEVELOPMENT STANDARDS TO ALLOW FOR ADJUSTMENTS TO THE CURRENTLY APPROVED 30,000 SQUARE FEET OF FLOOR AREA FOR THE VILLAGE CENTER TO ALLOW A 5,000 SQUARE FOOT INCREASE TO THE AMOUNT OF RECREATION SPACE WHILE THE AMOUNT OF APPROVED OFFICE SPACE IS DECREASED BY THE SAME AMOUNT FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF COLLIER BOULEVARD (C.R. 951) AND THE TAMIAMI TRAIL (U.S. 41) IN SECTIONS 26, 34, 35, 2, & 3, TOWNSHIP 50 & 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: DOA-02-AR-2299 OBJECTIVE: This petition seeks to amend the Winding Cypress Planned Unit Development (PUD) as noted above due to "evolving market conditions" and in response to recommendations received during the environmental permitting process. CONSIDERATIONS: Collier County approved the 1,928-acre Winding Cypress PUD/DRI on December 14, 1999 allowing a total of 2,892 residential units with a Village Center containing 30,000 square feet of office, retail, recreational facilities, and 45 holes of golf. Due to changing market conditions, the applicant, Barron Collier Company, Ltd., submitted an amendment to Winding Cypress PUD/DRI in order to revise the project's Master Plan including the mix of residential dwelling types and in response to recommendations received during the environmental permitting process. The primary intent of the proposed amendment is to reduce the number of approved units to 2,300 units and the number of golf holes is being re4uced to 18 holes. In addition the preserve area is being increased from 713-acres to 795-acres.. -- ,~C~r_NOA IJ~J~l 1 Pg. / FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking single-family and multi-family residential dwellings. This includes the following comparisons of approved development to the proposed land uses for portions of the Winding Cypress DRI: ORIGINAL DEV. AMOUNT OF INCREASE ORDER NOPC OR DECREASE TOTAL ACRES: 1,928 RESIDENTIAL UNITS: 2,892 RESIDENTIAL ACRES: 437 Acres VILLAGE CENTER FLOOR AREA: 30,000 S.F. GOLF COURSE HOLES 45 Holes GOLF COURSE ACRES 358 Acres PRESERVE AREA 713 Acres 1,928 0 2,300 -592 Units 448 Acres +11 Acres 30,000 S.F. 0 18 Holes 27 Holes 164 Acres - 194 Acres 796 Acres +83 Acres Therefore, based on the above referenced decrease in intensity, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Approval of this amendment to the Winding Cypress Planned Unit Development will only reduce the residential density and the number of golf course holes while increasing the preserve areas. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the subject site is located generally outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. A small portion of a "probability area" is located in the southwest comer of the PUD and within a Preserve tract. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum areh necessary to protect %,. tis' ~very shall be immediately stopped and the Collier County Code Enforcement Departme;: contacted. ~., 17rr~ JUN 2 5 2002 2 p~[. c:~ ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval as submitted since the project increases the preserve area from 713-acres to 795-acres. The preserve area is also designed to accommodate, passive recreation and xvater management uses and facilities. Buffers will be provided around wetlands, extending on average 25-feet landward from the edge of the wetland preserve areas. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (ELS) is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on June 10, 2002. By a 7 to 1 vote, the CCPC forwarded Petition PUDA-02-AR-2298 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. The one Planning Commissioner voting in opposition indicated that the prc?osed 5-foot side yard setback was not adequate for single-family housing. The applicant indicated that the 5-foot side yard setback is typical for cluster housing projects that have recently been approved by the Collier County. As a result of the one vote in opposition, this petition could not be placed on the Summary Agenda. It should be noted that no one person spoke in opposition to the petition during the public hearing. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2298 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. JUN 5 Z002 PREPARED BY: ~AY ]~LLO~NS, CHI PLANNER CURRENT PLANNING SECTION ~ .[0.0 2- DATE REVIEWED BY: Su, SAN MURRAY, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: ,,,. JOSEPH K. SCHMITT ADMINISTRATOR coMMUNITY DEV. AND ENVIRONMENTAL SVCS. / DATE~ PUDA-02-AR-2298/EX SUMMARY/RVB/rb ,AGENDA ITIiM 8-A MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 16, 2002 PETITION NO: FUDA-02-AR-2298, WINDING CYPRESS PUD COMPANION ITEM: DOA-02-AR-2299 AGENT/APPLICANT: Agent: Alan Reynolds WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Owner: Lamar Gable, General Partner Barron Collier Company, Ltd. 2600 Golden Gate Parkway Naples, Florida 34102 GEOGRAPHIC LOCATION: The subject PUD is located at the northeast quadrant of Tamiami Trail E. (US-41) and Collier Boulevard (C.R. 951) in Sections 26, 34, 35, 2 and 3 Township 50 and 51 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purposes of amending the Winding Cypress PUD (Ordinance Number 99-93). Since the Winding Cypress project is also a Development of Regional Impact (DILl), the proposed change requires an. amendment to the DRI Development Order and is filed as a companion item. PURPOSE/DESCRIPTION OF PROJECT: The Winding Cypress PUD was first rezoned to PUD on December 14, 1999 and it currently allows for a mix of residential, golf courses, and village center uses. The purpose of this petition, is to amend the Winding Cypress PUD Document and Master Plan in order to reduce the number of dwelling units ' .~ 592 units from 2,892 to 2,300 dwelling units, which will reduce the project density ncm 1.5 '.inits per acre to 1.2 units per acre. In addition, the number of golf course holes is being reduced by2 i2hoL~Wl~A 45-holes to 18-holes, while the preserve area is being increased from 713 acre~m_2.9-~.-~ JUN 2 5 002 I Pg.__~ _ APPROVED 1 MASTER PLAN '18" --a- ! // // // / I! II[! ! 2002 PROPOSED MASTER PLAN ----Bmmmmmm m 'llit" '~" ,I- i1 I ! ii I ! ' TRACT "A" .I acres. The currently approved Master Plan (see attached) has been revised to reflect these changes to the land use tracts. Other minor changes in the PUD document include minor adjustments to the ratio of office floor area and the recreational uses within the Village Center without increasing its currently approved 30,000 square feet of floor area. As depicted on the revised Master Plan, the Village Center is now centrally located in the northem tract with residential tracts and a series of interconnected lakes surrounding it. This is the same concept that was approved for the Island Walk PUD. SURROUNDING LAND USE AND ZONING: Existing Conditions: Surrounding- North: East: South: West: The subject site is currently vacant and is zoned the PUD. Partially developed residenti'al; zoned Agricultural. The undeveloped Naples Reserve Golf Club PUD and Agricultural. Tamiami Trail and undeveloped land zoned Agricultural Collier Boulevard and the developed Falling Waters PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban Mixed Use - Urban Residential Fringe Sub-district on the Future Land Use Map (FLUE) to the Growth Management Plan (GMP). A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element (FLUE) - A description of Urban Residential Fringe District in the FLUE advises that residential uses are permitted at a transitional density of 1.5 dwelling units per acre per acre between the higher permitted densities to the west at 4- unites per acre and the lower density of one trait per five acres for the Agricultural lands to the east. Therefore, the proposed density of 1.2 units per acre is consistent with the FLUE o f the G1Vff'. Transportation Element - The Transportation Department has reviewed the applicant's request and has the following comments. It is currently anticipated that the project will be a two-phased development with the first phase ending in 2004 and build out in year 2008. The applicant's ADA traffic study indicates that the proposed change will result in 133 fewer PM Peak Hour Trips or approximately 13 percent fewer PM Peak Hour trips than the approved DRI. The Southwest Florida Regional Planning Council staff has concluded that less regional and local transportation impacts will occur from the proposed changes. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located generally outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. A small portion of a "probability area" is located in the southwest comer of the PUD and within a Preserve tract. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land 2002. Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENT-a~L~ INFRASTRUCTURE: TRANSPORTATION & This petition was referred to all appropriate County agencies for their review. Since no. level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval. In addition, this petition was not required to go to the Environmental Advisory Council (EAC) since the Environmental Impact Statement (EIS) is less than 5 years old and the proposed Master Plan does not show greater impacts to the designated preserve areas. Lastly, the Transportation Department has recommended approval subject to stipulations that have been incorporated into the PUD Document. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those residential and village center land uses authorized within the PUD. The currently approved density is consistent with the Density Rating System while the proposed amendment reduces the project density to 1.2 units per acre. After considering the availability of community infi:astructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. ._Rela~at~onship to Existing Land Uses: A discussion of this relationship concerns the compatil'>itity With the adjacent properties to the north, south, east, and west. The petitioner's stated intent is to primarily construct a master planned communii a range of single-family and multi-family housing and golf related amenities, .lon~i~ JUN 2 5 2002 Village Center, which will provide many services and facilities that support the residents within the PUD. The amendment will not change any of the consistency relationships that were approved when the project was rezoned to PUD in 1999. In addition, the proposed development standards are consistent with the standards approved for the Island Walk PUD that this project is modeled after. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Furthermore, the applicatior of the PUD architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Utility Infrastructure - The site is accessible to a public sanitary sewer and potable water supply and shall be conveyed to Collier County pursuant to County Ordinance No. 97-17. This amendment will not change or adversely impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County' Commissioners (BCC) a recommendation of approval of Petition PUDA-2002-AR-2298 subject to staff stipulations that are contained in the attached Ordinance and the additional stipulation as noted below. Staff is recommending that Sections 4.4.A (20) and 4.4.B (3) of the PUD Document be revised as follows. This language reflects the proposed amendment to the Land Development Code that is at the direction of the Board of County Commissioners. 20. Any other principal use, which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above), and is approved through the conditional use process per Section 2.7.4 of the Land Development Code (LDC). Any other accessory use, which is comparable in nature with the foregoing uses, and is approved through the conditional use process per Section 2.7.4 of the Land Development Code (LDC). Since the petitioner and staff are in disagreement concerning these stipulations. The petitioner has proposed the following condition that reflects the process as currently adopted in the LDC. However, at the Board of County Commissioners direction, Section 2.1.15.6 of the LDC will be eliminated and replaced with Section 2.7.4 as noted above. 20. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above), and is approved through the formal interpretation process per Section 2.1.15.6 of the Land Development Code. Any other ,..,;,. '.ssory use which is comparable in nature with the foregoing uses, and is approved through the conditional use process per Section 2.1.15.6 ~ Land Development Code. 4 It should be noted that the applicant has not submitted an electronic version of the PUD document that the County would take ownership of and modify to contain all of staff stipulations. The copy of the PUD Document attached to the staff report is fumished and revised by the petitioner to be consistent with staff stipulations except for the additional conditions of approval as noted above. As a result, the PUD Document will have to be revised by the applicant if the BCC approves the staffs recommended stipulations. PREPARED BY: RAy ]BELLOWS, CHIEF PLANNER CUm NT PLANN N SECTION REVIEWED BY: PLANNING SERVICES DEPARTMENT DATE DAT~ ' fO/~F_~H K. SC~T, ADrdINISTRATOR pT x v- S~'ff Report ~or the June 10, 2002 CCPC meeting. COLLIER COUNTY' PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-2298 2002 FINDINGS FOR PUD PUDA-02-AR-2298 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. Development of land that has legal access, is adjacent to existing residential uses is particularly suitable for a mixed-use commercial/residential development. Conversely, existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Winding Cypress PUD document give assurance that all infi-astructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the pUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of .ne Gh~? A review of consistency relationships with elements of the GMP is as follows: The subject PUD.. proposes to allow resiaential uses at a which is consistent with the i~ mare Land Use Element (FLUE) of the GMP (See Staff report). ~,~ ~/~ Exhibit "A" JUN 2 5 2002 e The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject 1,928-acre PUD/DR/has been designed to provide an architectural design and development standards that reflect the approved Winding Cypress PUD design character. In addition, landscaping has been provided to buffer the adjacent properties. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation and golf course. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating fi.om urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this amendment, the reduction in density and intensity of use of the subject property will not adversely impact any previous determination of consistency with the Growth Management Plan. The project is also timely because the supporting infi.astructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUDA-02-AR-2298/RVB/rb JUN 2 5 Z002 REZONE FINDINGS PETITION PUDA-02-AR-2298 Section 2.7.2.5. of the Collier County Land Development Code requires that the report mtd recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with hll applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this Winding Cypress PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; The adjacent uses include agricultural and golf course uses to the east while vacant agricultural land uses are to the north. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. o x, Vhether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is appropriate since the approved land uses will not change with this amendment. It is also compatible with the surrounding lands. Furthermore, the subject PUD has a pc,-'"'? ~: .~lationship to the GMP. EXHIBIT "B" 1 2002 Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks and landscaping) mt,.de a conditio~ of approval will go a long way towards offsetting any potential adverse influences by the Winding Cypress PUD on the adjacent lands. Conversely, the location of the subj.~ct ~ite could cause increased noise and traffic impacts on the nearby neighborhoods. However, due to the proposed landscape and buffer areas, the amended PUD development standards should not adversely impact the adjacent properties. In summary, the proposed PLrD Amendment will not adversely influence living conditions in the neighborhood because the development standards and other conditions for approval have been promulgated and designed to ensure the least amount of ~dverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project is a DRI and has received the approval of the Southwest Florida Regional Planning Commission. As a result, staff has determined that the proposed amendment will not excessively increase traffic congestion. Furthermore, the required traffic management system improvements incorporated into the PUD as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.) mitigate any adverse impacts to the adopted level of service standards. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier Count, invt,'_ving the utilization of land for sOme land use activity is scrutinized and requ!' d to mit;3ate all sub-surface drainage generated by developmental activities as a conditi,.., of approval. This project was r~nnir~rl tn reviewed for drainage relationships and design and construction plans aro. sc~~ meet County standards as a condition of approval. 2 JUN 2 5 2002 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Winding Cypress PUD complies with the Growth Management Plan, which are public policy statements supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the exi?.~, "x,r, z3ning, however to dO so would deny this petitioner of the opportunity to r .ximize tk.e developmevt potential of the site as made possible by its consistency relatioi,.;_.~, with the Growth Management Plan. 3 2 5 ZOO2 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with nearby residential projects in size and scale. It is also consistent with the GMP. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. 17. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infi-astructure meets with GMP established relationships. REZONE FrN DINGS/AR-2298/RVB/rb 4 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT CO~ DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Ban'on Collier Company, Ltd. Applicant's Mailing Address __ City Naples 2600 Golden Gate Parkway State FL Zip 34105' Applicant's Telephone Number: 941-262-2600 Is the applicant the owner of the subject property? [5~] Yes [--] No (a) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate, and name officers and major stockholders below. x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (0 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Name of Agent Alan D. Reynolds, AICP Firm WilsonMiller, Inc. Agent's Mailing Address 3200 Bailey L~ne, Suite 200 City Naples StateFL Agent's Telephone Number: (941) 649-4040 Zip 34105 JUN 2 5 2002 pg. C~O o ', Name of Agent George L. Varnadoe Firm Young, van Assenderp, Vamadoe and Anderson, P.A. Agent's Mailing Address City _ Naples 801 Laurel Oak Drive, Suite 300 State FL Zip 34108 Agent's Telephone Number: (941) 597-2814 PUD Ordinance and Number: Windin~ Cypress PUD, Ordinance//99-93 (Previou4y amended by Ordinance//'s N/A ) Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 406' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section 26, 34, 35, 2, 3 Township 50 & 51 South Range 26 East Detailed legal description is included in the Notice of Proposed Change application. Address or location of subject property: The property is generally located at the northeast quadrant of the intersection of U.S. 41 and C.R. 951. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No. Type of Amendment: x A. PUD Document Language Amendment x B. PUD Master Plan Amendment x C. Development Order Language Amendment 3/&'2~- 1(~12 ver: 01!- M~ER~¥ _ AFFIDAVIT I, Lamar Gable, General Partner, Barron Collier Company, Ltd., being first duly sworn, depose and say that Barton Collier Company, Ltd. is the owner of the property described herein and which is the subject matter of the proposed hearing; that ail the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit Alan Reynolds, AICP, of WilsonMiller, Inc., and George L. Varnadoe of Young, van Assenderp, Varnadoe and Aederson, P.A., to act as my representatives in any matters regarding this Petition. Signature of Owner Lamar Gable, General Partner STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this 200~, by ~t~/~ .~LE me or who has produced not) take an oath. :~day of who is personally known to as identification and who did (did (Signature of Notary Public) 2002 BARRON COLLIER COMPANY. LTD. PARTNER NAME General Partner: Barton G. Collier HI Juliet C. Sproul Test. Trust Lamar Gable Francis G. Villere Phyllis G. Alden Donna G. Keller Totals - General Parmers OWNERSHIP PERCENTAGE .2500% .2500% .1250% .1250% .1250% .1250% 1.0000% Limited Partners: Barron G. Collier III Juliet C. Sproul Test. Trust Lamar Gable Francis G. Villere Phyllis G. Alden Donna G. Keller Totals - Limited Partners 24.7500% 24.7500% IZ.~/~UTo 12.3750% 12.3750% 12.3750% 99.0000% GRAND TOTALS - ALL PARTNERS 100.0000% JUN 2 5 200 YOUNG, VAN ASSENDEttP, VARNADOE ATTORNEYS AT LAW To: F~. ~.RUCe ANDERSON C;.AY C. T~,SHA O. ~UFORD D~N,EI. H. Cox TINOTHY ~- ~RAN~LIN C. ~UR~NCE ~ENZA VAN ~EORGE L. VARNADO~ ~O~ C. YOUNG Or COUnSeL DAviD B. ERw~N Naples March 18, 2002 &~II~TDERSON, R A. GALLIC'S H,n,LL 225 SOUTH Al)AMS STReeT Suite 200 POST 0FF:CE BOX 1833 (ZIP T,~..L~HASSee, F'.ORIDA 3~3OI TELEPHONe (850) ~2~-7206 T[~Ecom[~ (850) 561-6834 SuNTRusT ~UILOING ~01 ~UREL O~ DRIVE SUITE 3~ POS~ ~rICE ~0X 790~ <ZIP 34101-7907) NAPLES, FLORIOA ~4108 TELEPHONE (~41) TELECOP~ER (~41) 597- I0~0 Ray Bellows Collier County Planning and Development Services 2800 North Horseshoe Drive RE: Winding Cypress DRI / PUD Dear Ray: On March 6, 2002, we submitted the Notice Proposed Change (NOPC) for the Winding Cypress Development of Regional Impact located in Collier County, Florida. WilsonMiller and our firm are pleased to submit for review seventeen (17) copies of the corresponding PUD Amendment for the Winding Cypress DR.I/PUD. For your convenience, we have submitted the amended PUD document in a strike-through/underline format. The PUD amendment fee of $2,200.00 and the data conversion fee of $25.00 were included in the check payable to Collier County at the time we submitted the NOPC for the DKI amendment. The Winding Cypress DRUPUD is currently approved for a total of 2,892 residential units, together with a village center containing 30,000 sq.ft, of office/retail/recreational uses, and 45 he!es -fgolf. The PUD document reflects that 713 acres of the project are in a preserve area. The' proposed PUD amendment changes will lessen the impacts on County strengthening the environmental aspects of the project. The number of infrastructure, while armrovEd_ residen' ' - AGEt~A JUN 2 5 2002 p~,, 52 5L _ --dwelling units will be reduced by 592, from 2892 to 2300. The number of golf holes is being . educed by 27 holes, from 45 to 18, and the preserve area is being increased from 713 to 795 acres, an increase of 82 acres. The resulting residential density is 1.2 units/acre, down from the approved 1.5 units/acre. Other minor changes in the PUD document include minor adjustments in the amounts of office and recreational uses within the village center, without increasing its currently approved 30,000 sq.ft, of gross floor area. The proposed land uses are depicted on the revised Winding Cypress Master Plan, which is attached to the PUD as Exhibit "A". You will note that the updated transportation analysis reflects a 13% decrease in peak-hour p.m..trips resulting from the proposed amendments to Winding Cypress DRI/PUD. As discussed and agreed to in the February 28th Pre-application Conference, an EAC hearing will not be required since an EIS was previously completed, reviewed by staff, and unanimously approved by the EAC; the EIS is less than five (5) years old (1999); and the proposed Master Plan for the site does not show greater impacts to the designated preserve areas. Obviously, this amendment meets the requirements of LDC Section 5.13.6.4, allowing waiver of an EAC hearing, particularly in l".ght of the enhanced environmental aspects of the Froject. We look forward to working with you on this project, and again would request that we attempt to have the minor changes to this project heard by the Board of County Commissioners prior to their .A ~.ugust vacation schedule. In fact, we would suggest being on the June 20th CCPC agenda, and the July 9,.th BCC agenda. If you have any questions, please do not hesitate to contact Alan Reynolds or me regarding any aspect of the proposed amendments. Sincerely yours, Geo~~oe GLV/lkm enclosures as stated CC-' Alan ReYnolds (w/enc.) Mark Morton (w/enc.) Mar; vr~e Student, Assistant County Attorney (w/o enc.) £:\uscrs~u. ANA\Wp9XBarron Collier Company\WINDING CYPRESS'~Ray Bellows PUD Amendment lctt~gr 031302.wpd ORDINANCE NO. 02- AN ORDINANCE ?dViENDING ORDINANCE NLqVIBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDrNG THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 0626S, 0634N, 0635N, 0635S, 1602N AND 1602S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDING CYPRESS, FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF US-41 AND CR-951, IN SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE Nq. YMBER 99-03 AS AMENDED, THE FORMER WENrDING CYPRESS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alan Reynolds, AICP, of WilsonMiller Inc., representing Ban'on Collier Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida; SECTION ONE: The Zoning Classification of the herein described real property located in Section 26, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit 'A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 0626S, 0634N, O645N, 0635S, 1602N and 1602S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-93, as amended, known as the Winding Cypress PUD, adopted on 12/lad99 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinanz,: saall become effective upon filing with the Department of State. JUN 2 5 2002 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this ~ day of ,2002. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: JAMES N. COLETTA, CHAIRMAN Marjorie M. Student Assistant County Attorney pu DA.2002-AR-2298/RB/Io 2002 WINDING CYPRESS A PLANNED UNIT DEVELOPMENT Approximately 1,928+ Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, FIodda PREPARED FOR: Barron Collier Company, Ltd. 2600 Golden Gate Parkway Suite 200 Naples, FL 34105 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Flodda 34105 and Young, van Assenderp, Vamadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 341098 EXHIBIT a ~:3/204)2-104~1 V~: 01f - M~ERRY DATEFILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER DATE AMENDMENTFILED DATE APPROVED BY CCPC DATE APPROVED BY BCC 9/2/99 12/2/99 12/14~99 99-93 J UN Z § Z00;~ TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT (TRACT A AND TRACT B) VILLAGE CENTER/CLUE DISTRICT GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS PRESERVE DISTRICT GENERAL DEVELOPMENT COMMITMENTS EXHIBIT A EXHIBIT B WINDING CYPRESS MASTER PLAN (WilsonMiller File No. D OSO~ 22 E-0506-22) LEGAL DESCRIPTION PAGE 1-1 2-1 3-1 4-! 5-1 6-I 7-! STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Ban'on Collier Company, Ltd., its successors and assigns (the Developer), to create a Planned Unit Development (PUD) on 1,928+_ acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Flodda. The name of this Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Residential Fringe Subdistdct as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Fringe Subdistdct is to provide transitional density of 1.5 dwelling units per acres, between permitted higher density areas to the west (four units per acre base density) and the agricultural/rural areas to the east (one unit per five acres). The Growth Management Plan qualifies the subject property for a maximum density of 1.5 units per act.e, and the Project is planned for a maximum density of 1.5 1.~2 units per acre, subject to the condition that the proposed development shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share test of necessary improvements to the CR 951 canal out-fall system made necessary by new development in the area. The commercial uses within the Village Center District are consistent with the PUD NeiGhborhood Village Center Subdistdct of the FLUE. Dc;,c!cpmc,".t cf ccn':cn!cncc- 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. Winding Cypress is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. JUN 2 5 Z002 SHORT TITLE This Ordinance shall be known and cited as the '~/VINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE." 2002 ]-! SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The legal description of the Winding Cypress Planned. Unit Development property is attached hereto and incorporated by reference herein as Exhibit "B." 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of Barron Collier Company, Ltd., a Florida ~ Limited Partnership, whose address is 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105. Detailed ownership information is provided on Attachment 4-1 of the Winding Cypress Application for Development Approval. 1.4 GENERAL DESCRIPTION OF PROPERTY The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is generally bordered on the west by the C.R. 951 canal, the Flodda Water Services borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by Sabal Palm Road, a plant nursery, and single family residences; on the east by Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41, agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission, and a small convenience commercial store. The location of the site is shown on Map A of the Winding Cypress Application for Development Approval. Bo The zoning classification of the subject property at the time of PUD application is "A" (Rural Agricultural). Co Elevations within the site are approximately 12.0 feet NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northem half of the project and AE-7 for the southern half of the project (FEMA FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986). Topographic mapping is shown on Map C of the Winding Cypress Application for Development Approval. Previous and existing activities on site are primarily related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. ~1'~ :~"~ JUN Z 5 2002 1-2 1,5 1.6 Bo The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. Fo Go Prior to development, vegetation on site 'primarily consists of upland, wetland, and exotic species. Detailed vegetation mapping is shown on Map F of the Winding Cypress Application for Development Approval. The project site is located within the Henderson Creek sub-basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. DEVELOPMENT OF REGIONAL IMPACT Due to its scope, Winding Cypress has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). DENSITY Winding Cypress is to be developed on 1,928+ acres in southeastem Collier County. The number of dwelling units proposed to be constructed is ~ 2,300 units. The gross project density, therefore, will be a maximum of-l-=5 1 .._~2 units per acre. JUN 2 5 2002 2-] SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Winding Cypress, a master planned community, will include a range of single family and multi-family housing and gblf-related amenities, along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. Bo The Master Plan is illustrated graphically on Exhibit "A" (WMB&P, Inc. File No. D- 0506 22 E-0506-22). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to Division 3.15, Adequate Public Facilities Code of the Collier County Land Development Code. Do Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. 2-2 2.4 All conditions imposed herein are part of the regulations which govern the manne~ in which the land may be developed. Fo Division 3.2, Subdivisions, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein, or othenNise granted pursuant to L.DC Section 3.2.4. Division 3.3, Site Development Plans, of the LDC shall apply to Winding Cypress. except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. COMMUNITY DEVELOPMENT DISTRICT Bo The Developer may elect to petition 'to establish a Community Development Distdct (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed Development. Such infrastructure, as will be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Winding Cypress. The land area is amenable to infrastructure provision by a distdct that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a distdct is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special distdct government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility between systems, facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional govemmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. 2002 2-3 2.5 ROADWAYS Standards for roads shall Im in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the dght to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. Roadways within Winding Cypress shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way width to be utilized for a local street within Winding Cypress shall be forty (40) feet. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Fire access lanes shall comply with applicable federal, state and/or local codes in effect at the time of final site development plan approval. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. Maximum cul-de-sac length shall be 2,700 feet. When islands are to be installed within a cul-de-sac, an inside edge of pavement radius of no greater than twenty (20) feet shall be required. Cul-de-sacs shall comply with applicable federal, state and/or local codes in effect at the time of final site development plan approval. LDC Scct!cn 3.2.°.?..~..! ~.~. ...... d.~ht ,-.-,,-!;,,,-- T~.~ ,,,!,,! ....... ,-.~ ....... .-,,4;,,~. ~,-, (55; fcc'.. Bo It is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout Winding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: LDC Section 3.2.8.3.17.2. -The Winding Cypress primary road system in Tract B shall be considered a minor collector street and shall have a minimum eight foot (8') wide pathway on at least one side of the street that will meander in and out of the right of way. This pathway will serve both pedestrians and bicycles. The pathway will be designed to provide direct acces- from all residential pods adjoining the pdmary road system with markeo road crossings at appropriate locations to serve tl e po~t~ JUN 2 § 2002 2.-4 2.6 2.7 side of the road opposite the pathway. The Windin,q Cypress pdmary road system in Tract A shall be considered a minor collector street and shall have a minimum five foot (5') wide sidewalk/bikepath on one side of all streets. An internal pedestrian walkway system alcnR the intedor lake system of Tract A shall be provided and permitted within the drainage and lake maintenance easement(s). LDC Section 3.2.8.3.17.3. -Intemal local streets other than the minor collector or cul-de-sacs shall have a minimum ";" ~""*.vv. /~'~,v, five foot (5') wide pathway on one side of the street. These pathways will interconnect with the primary road pathway at appropriate locations. LDC Section 3.2.8.3.17.3. - Cul-de-sacs shall not be required to have a sidewalk or pathway provided the following condition is satisfied which will enable the street to serve this function; otherwise they shall have a five foot (5') sidewalk or pathway on one side of the street: a) the right-of-way section shall include two twelve foot (12') wide travel lanes, with two foot (2') curbs, and the gross density of the cul-de-sac shall be less than two (2) units per acre. LAKE SETBACK AND EXCAVATION An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD Rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the nc:.. ,v_..._w.v*"~'=~ ~./~'"'"~"~..v., curb to the edge of water. U~'c,q ........ ~ ~',' °~--- P!c,q,",!,",~ ~""'"'"'" r-,;.~.., ....... ~ c";'"*;*";"" *" *;' ......... ,.,~.,~ /~.~..:...~ .... ~. '.';" ;'~ "" ..... '~ The minimum lake setback from lakes to the Project boundary shall be 20 feet to the edge of the water. Upon receipt of a development excavation permit, all lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Planning Services Director. USE OF RIGHTS-OF-WAY Utilization of lands within all internal project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative --.pproval by the Developer and the Collier County Planning Services Director for e-~gineeripg ~r~d safety considerations during the development review process and to any installations. '-'"~~ J U 2-5 2.8 2.9 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that fivc,v,/~ six (6) wet or dry models __for each of Tract A and Tract B (total of twelve (12) models) shall be allowed within the project's sales center areas, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste di.sposal subject to permitting under F.A.Co 64E-6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan upon written request of the Developer. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Winding Cypress PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 of the LDC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities, where such changes are consistent with the criteria of the South Florida Water Management Distdct and Collier County. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facilities preservation areas, or required easements e~e not adversely affected or otherwise provided for. J UN 2 5 20(]2 2-6 2.10 Co Do Reconfiguration of parcels and golf course where preservation areas are not adversely affected. Changes due to SFWMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations pdor to the Planning Services Director's consideration for approval. Approval by the Planning Services Director of a minor change or refinement may occur independently from and pdor to' any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association, or a governmental agency. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, the Developer shall create a property owners' association or associations, whose functions shall include a provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Winding Cypress, in accordance with the provisions of Collier County Ordinance No. 90-48 and Resolution No. 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Winding Cypress. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 with geotextile mat Structural walled and stacked rock berms - vertical Bo Fence or wall maximum height: Ten feet (10% as measured from the finished floor e evafi;), ,'- of tnb nearest residential structure within the development. If a fence o,-wall is cont'[ructed on a landscaped berm ,.~hich includes materials to 2-? 2.12 Do Eo Go minimize the visual impact of the wall, the wall height shall be measured from the top of berm elevation and shall not exceed eight feet (8') in height. Upon submission of a typical cross-section, aedal, plan view, landscape plan and vegetation removal permit application, the Planning Services Director may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, ali such areas must be included in an easement or tract on final plats, or identified in a . separate recorded instrument. Fences or wails may be placed zero feet (.0') from internal fights-of-way, provided that shrubs are provided in the rights-of-way, pursuant to Section 2.7 of this PUD Document, and may be located five feet (5') from project perimeter, and two feet (2') from a preserve area. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers/easements. Landscape berms located within the Winding Cypress PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line or within a right-of-way when approved by the applicable owner or agency. Internal recreational and community facilities do not require perimeter buffers CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on an approved Preliminary Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide written notification to the Planning Services Director. In Tract B, residential yeas 25 acres or less, including building footprints, shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or Site Development Plan. _ ' be ~~non areas and the town T,~,Ct A will .rna riaht~.i/av resloentla~ u~ w ~ each '~se ~'n ter in i-ou{ t. / ~ -- ~cen ....... · ,,.~ ,,,+,1 develooable a,ea. No., _P · _ ...... , *o c~'-~,--and fill the percent (Zb~/o) o! .~,~ ;_--,,~,, ercent 35% of the zola, u~.~.~,:,,_ ' ao---~val~ ~ develo er shall obtain subd~ws,~n lat PSP 2-8 2.13 2.14 2.15 e cleared and titled. The developer ~e,d to clear and till one phase o c~~flit a subseclu~ area~e~a~.~"o~);r Will not be permitt~~ ~,=,~,inUS phase is sectJo-ea a~,u ~,v,...- t-~e excavation in [H~ ~', of record. , . t~ ... '. and fitli~r '.~ct. -w!I-I ,b~e,~ Thc ~l_e. an ....... o ~n'~i are su~ect to the ermittea se . DP ' seconaa, e~,~s shown o~, ~,,~, ~site development plan (S The following standards shall apply for ali stockpiling on-site: A- Stockpile maximum height: forty-five feet (~,5') B. Stockpile maximum slide slopes: 2:1 C. Stockpiles areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side siope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). [3. Soil erosion control shall be provided in accordance with LDC, Division 3.7. E. ~2 ubstitutes for t_~he LDC section 3.2.8.3.6(b~. PRELIMINARY SUBDIVISION pLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated se existing agricultural uses shall be permitted to accessory uses thereto. _T..he ill be hased out as development occurs within and.. _ ,~ ut the project ~te and w P continue throu~ho individual parcels. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, uniess specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generallY serve the residents of Winding Cypress and are typically part of the common infrastructure or are considered community facilities. A. General permitted Uses: 1. Essential services as set fnrlh under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 2002 2-0 o Septic system for remote golf shelters. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 10. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to principal structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). Minimum distance between unrelated structures- ten feet (10'). Maximum height of structures - thirty-five feet (353. Minimum floor area - None required. Minimum lot or parcel area - None required. 2.16 2.17 2.18 2-10 Sidewalks and bikepaths may occur within County required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Winding Cypress development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 7!3 796 acres in the wetland/upland preservation and enhancement areas which includes all agency-required buffers. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the ReSidential DistdcL fully satisfy the open space requirements of Section 2.6.32 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the right to modify the land use boundaries, so long as the requirements of Section 2.6.32 of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Florida Statutes. NATIVE VEGETATION RETENTION REQUIREMENTS The 713 796± wetland/upland preservation and enhancement areas on site fully satisfy the requirements of Section 3.9.5.5.3 of the Collier County Land Development Code. SIGNAGE GENERAL All Collier County sign regulations in force ~t the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of-way permit must be applied for and approved, except for siona.oe pertainin.q to and/or facilitatinR traffic movements. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage, subject to review and apr~r,"'-~l from the Planning Services Department for consistency with th~.. equirements set forth herein and applicable provisions of the LDC. ~-~ I'l:Oa 2002 2-11 Signs may be allowed in landscape buffers/easements. Entrance and boundary markers may be placed prior to subdivision approval, provided a building permit for the markers is obtained pdor to placement. BOUNDARY MARKERS 1. One boundary marker or monument may be located at the northwest, southwest, and southeast property comers. The boundary marker may contain the name of the community, and the insignia or motto of the Development. 2. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). PROJECT ENTRANCE SIGNS 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the Development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance sign script may not exceed a height of 15 feet and the total sign shall not exceed a height of 20 feet above the fi~!=hcd -3m'-'~d !c';c! cf *-.~- s!.~ ~.~ lowest centerline grade of the nearest public or orivate ri.qht-of- way or easement to uppermost part of the si,qn structure. For the purpos6 ^GE- o^ .... J U N 2 5 2002 Eo Fo 2-12 of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. INTERNAL SIGNS Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign scdpt may have a maximum height of 8 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise "For Sale," "Sold To," and/or "Lot #." No building permit is required. ° Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. Grand Opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner si,qn shall be anchored and may be displayed on-site for a pedod not exceeding 14 days within the first three months that the occupant is open for business. TRAFFIC SIGNS Traffic signs, such as street signs, stop signs, and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with FDOT criteria. TEMPORARY SIGNS Temporary signs may be permitted, and may consist of the following types: proiect identification and directional (internal and external); real estate and sales center identifcation (intemal only). ..,~.~~-~ JUN 2 5 7.007. 2-13 Ho Each siqn may not exceed 80 square feet in area. If the siqn is two-sided, each sign face may not exceed 80 square feet in area. The setback for temporary signs from U.S. 41 and C.R. 951 rights-of-way, and any perimeter property line shall be 10 feet. Temporary signs may not exceed 15 feet in height above the lowest centedine grade of the nearest public or pdvate right-of-way or easement to the uppermost part of the sign structure. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build-out. Temporary signs may be permitted subject to the requirements outlined above. The erection of any temporary si.qn shall require permittin_q as established within section 2.5.12 of the LDC. CONSTRUCTION ENTRANCE SIGNS One sign, with a maximum of 20 square feet in size, may be located at each construction entrance, to identify the entrance as such. No building permit is required. Employment signs with a maximum of 20 souare feet in size. may be located at each construction entrance, to advertise for construction trades. No building permit is required. COMMERCIAL SIGNS Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning si.qn may be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Comer units within multiple-occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within the Town Center may be allowed one additional wall sign facing the Town Center if the additional sign is not visible from any road R.O.W. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. The maximum allowable display area for signs may not be more than 20 percent of the total square footage cf the wall of the building to which the si,qn will be attached. Pole signs: Two (2) pole si,qns are permitted for each internal street, provided there is a 500 foot separation between such signs. Maximum allowable sign area: 100 square feet per side, if two- sided JUN 2 5 2002 2-14 b_). Maximum allowable height: 20 feet c) Setbacks: 10 feet from any fight-of-way or property line ~ Spot or floodlights may be permitted provided said light shines only on the siqns and is shielded from motorists and adiacent residents. Proiectincl si.qns: Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. Projecting signs shall not proiect more than four feet from ',he building wall to which it is attached. Projecting signs shall not' extend above the roofline of the building to which it is attached. c.q). Projecting signs shall not project into the right-of-way. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. Under-canopy signs: In addition to any other siqn allowed by this ordinance, one under-canopy sign may be allowed for each establishment in the Town Center. This sign may not exceed 6 square feet in area and shall be a minimum of eiqht feet above finished__~rade. 2002 3-1 SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "R," and located in Tract A and Tract B. 3.2 MAXIMUM DWELLING UNITS A maximum number of 2-~893 2,300 residential dwelling units may be constructed on lands designated "R." 3.3 3.4 GENERAL DESCRIPTION The Residential Distdct is designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2, respectiwiy, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses in Tract A and Tract B: 1. Single Family Detached Dwellings Single Family Patio and Zero Lot Line Dwellings Single Family Attached, Duplex, and Townhouse Dwellings Multi-Family Dwellings includin,q Garden Apartments 5. Assisted Living Facilities/Congregate Care 5,'2~2002-1G4gg9 Vec 011- MI~.RRY 6. Maintenance Facilities 7. Model Homes, Sales co~ .~[r~. ~tion offices Centers, includin.q administrative offices and JUN 2 5 2002 3.5 3-2. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures in Tracts A and B: 1. Guesthouses. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Plannin~i Services Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" District, Tract A. Table II sets for the development standards for land uses within the "R" District, Tract B. Eo Site development standards for single family attached and detached, patio, zero lot line, 2-family, and townhouse uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I and Table II shall be established dudng Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Required property development regulations may be approved that are different than those set forth in Table I and Table II, subject to the requirements of Section 2.6.27 of the LDC. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon application and payment of fees by the property owner, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and JUN 2 § 2002 3-3 Ho performed by the Developer's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of application, Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. For the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to ,33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities/congregate care facilities. JUN 2 5 2002 3-4 TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT ' 5iNGLE PATIO'8 & SINGLE FAMI[~Y MULTI- FAMII~Y. ZERO LOT DUPLEX AT'I'ACHED & FAMILY DETACHED LINE TOWN HOUSE Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF _Minimum. 35' 35' 35' 20' 100' Site Width Minimum 65' 65' 10Q' 40' 90' Site Depth 1~"~ '~ 1,5''4 ~"4 Front Y~rd Setback 15' '~ 1~' 1 {Principal and A~:cessorv) R{'~r Yard Setback 10' 10' 10' 10' 20' (Principal) Side Yard Setback 5' (PrincipKal) - ~ Side Yard Setback 5_' -5 5-- 5' '~ 5' (Accessory) - -2 Rear Yard Setback 5-- 5' 5' 5' ? 10' IAccessory) Maximum Height-3 35.._~' 3_~ 35._.~' 50__~' 50__~' ~ N/A N/A N/A 10_..~' 15._.~' Principal Structures -rV~inimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF For any lot or Darcel which is served bv both a street and an alley, the lot line adiacent to the alley shall be treated as a rear lot line, and the setback shall be measured from the edae of pavement. The alley easement shall be a minimum of 20' wide. with 10' pavement. Common ar(;:hitectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirem4~nts listed above. Minimum 10t areas for any unit type may be exceeded, The unit type. and not the minimum tot area. shall define the development standard~ to be applied by the Customer Services Department durina an application for a buildina De,~it. For all Patio or zero Iol line units, a conceptual exhibit ~h0wina typical buildinq confiauration shall be submitted to Customer Services Department with the application for the first buildino permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. With approval from The Developer. front yards shall be measured as follows: A. If the parcel is served bv a public riaht-of-wav, setback is measured from the adiacent riaht-of-wav line. Sidewalks shall be located in the riqht-of-wav. B. If the parcel is served by a private road. setback is measured from the back of curb (if curbed) or edae of pavement (if not (;urbed). '1 This setback shall be reduced to 10' for side entrY qaraaes, front porches, and combination front porch/front entry oaraaes. *2 The side corner setback shall be the same as the reauired front principal structure setback. *3 Heic3ht shall be measured from the units first habitable finished floor elevation. *4 Setback to be measured from edoe of pavement of road that serves the unit. *5 Side yard setback shall be either 0"er' o,;~. side and 10' on the other, or 3'-1 on one side and 6'-11' on the other. *6 Accessory Po01 Encl0sure/scre~n lanai setoack may be reduced to 0' when attached t9 privacy wall. *7 AccessorY Pool Enclosure/screen lanai se~;~eck from Lake Maintenance Easement ma~' be reduced to 0' provided architectural bank treatmc~nt i~ incorporated AGE~'-A ITr,~ 5~23/2002-1G4~ Vec JUN 2 5 2002 3-6 TABLE II WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT B SINGLE PATIO'8& "P.~!O SINGLE FAMILY MULTI FAMILY FAMILY ZERO LOT F.A.M!LY ~_ ATTACHED AND DWELLINGS's DETACHED LINE DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF '3 3,000 SF NA Minimum Lot Width .5 75 50 35 30 NA Minimum Front Yard Setback (Principal and 20 20 20 20 20 Accessory) Minimum Front Yard for Side Entr~ Garage 12 12 12 12 12 Minimum Rear Yard Setback (Principal) 10 5 ,10 10 .5 BH Minimum Rear Yard SetbackTM (Accessor~) 5 5 5 5 10 Minimum Side Yard Setback 7.5 0 or 5*s 0 or 7.5 0 or .5 BH .5 SBH Maximum Height '~ ;345 40 35 35 35 65 Floor Area Minimum (SF) 1500 SF 1200 SF 1200 SF 1200 SF 1000 SF'7 Distance Between Principal Structures 15 10 0 or 15 .5 SBH ,5 SBH BH: Building Heighl SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of detafimining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit tyl)e, and not the minimum lot ama, shall define the development standards to be applied by the Customer Services Department during an application fo~ a building perm[ For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the appliceUon for the first building permit. The co.c~p[u,=; All distances ara in feet unless otherwise noted. Any structure more than two stodes in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks and shall be permitted on lots 15,000 square foot o~ greater. Flag lot shall have no minimum lot wid~ but wi meal lot area requirements With approval from The Developer, front yards shall be measured es follows: A. If the parcel is served by a public right-<~-way, setback is measured fl'om the adjacent rlght-e~-way line. Sidewalks shall be located h the itghI-of-way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curt3~d). '1 - Setback from take for all accessory uses may be 0 foot pro. ding emhitoctural bank treatment (such es bulkhead or retaining wall) Is incorporated Into design ·nd subject to written approval from The Developer Design Review Committee and Project Plan Review. '2 - Building heighl shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling ·lev·lion of the stflJctum. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for · total minimum lot ·rea of 7,000 S.F. '4.- Minimum lot width may be reduced by 20% for cul-de-sac lots ix'ovided minimum lot area requirement is stll maintained. aea~od. Fo~ patio homes with le~s th~n {a ~' side yard setback, tho ooooslle side setback shall be Sufficient so that the combined setbacks o~ual 10'. Once tho first bulldinq (~n the side of a street utill~lo~ this prod~ot t~o is cerm~od, all SU_h~__~3_L~_nt buildlm2S mull follow the I)altom establtsh~ by the fiflst unit. For exemole, a 3' ~etback c~n 0n~ lot m~st rpe follgw~(~ bY a ?' §~ptl~ack on the next lot or vice versa. · *6 - Muffi4amily shall include muifi4amily units as defined in Co, liar C.o~.~'ty LDC and assisted living facilities/congregate care facilities. *7 '- Floor are· minimum (SF) is not applicable to assisted living '3cliitlos/congregate care facilities. °8-Patio Homo is a detached or semi-detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwoiting unit lot is enclosed by a watt located at the lot line, thus crealSng a p~vata yard between the house and tho watt JUN 2 5 2002 4-1 SECTION IV VILLAGE CENTE~ DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standard-~ for areas within Winding Cypress designated on the Master Plan as '~/C." 4.2 MAXIMUM SQUARE FOOTAGE In_._...v.-.",~"*;"". *".~ -" v.... ''" '~'~'.v.vv, ..... ::A __..._~.-mnyirm ~m .......... of 30,000 square feet floor area, including retail, office, service and recreational uses may be constructed on lands designated '¥C." 4.3 4.4 GENERAL DESCRIPTION The approximate acreage of the Village CentedC!ub District is indicated on the Master Plan. The Village Center portion of this Distdct shall be consistent with the requirements of the Growth Management Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following .... '~"~; ..... ~-7 ~? tm~,= r-^D Permitted Principal Uses and Structures: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Accounting, Auditing and Bookkeeping Services (Group 8721). Automatic Teller Machines (Group 3578). Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Gasoline Service Stations (Group 5541), no repairs. Automotive Carwashes (Group 7542), except bus and truck washing. Business Services (Groups 7334, 7349). Eating and Drinking Places (Groups 5812-5813) except drive-through. Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5331-5399). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). Real Estate (Groups 6512, 6"31, 67..1). Recreation Services (Group 7911 ) JUN 2 5 2002 4-2 4.5 15. 16. 17. 18. 19. 20. Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as free-standing uses. Free-standing residential uses shall comply with the development standards set forth in Section 3.5. Travel Agencies (Groups 4724 and 4725) United States Postal Service (Group 4311 except major distribution center). Video Tape Rental (Group 7841). ~ Recreation maintenance facilities~. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above), and ,;;h!"~ thc P~nn!ng Director dct~.."m..inc~ tc b~ ccmpctib)~ in thc "VC" D!ctr!ct and is approved through the formal interpretation process per Section 2.1.15.6 of the LDC. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses, such as pool, tennis facilities, parks, playgrounds and playfields, fitness centers, meeting rooms. Any other accessory use which is comparable in nature with the foregoing uses and ,,,h;,-~, *~-,- P!cnning ~;'"'-+"' '~"*"'~";""" *" ~'" ccmp=t!b!~ ;" *h,, "VC" District is approved through the formal interpretation process per Section 2.1.15.6 of the LDO. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-haft the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Bo Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet (75'). Minimum distance between principal structures -Fifteen feet (15')or separation required by local fire code. Minimum distance between principal and accessory structures- Ten feet (!_0')r 2002 4-3 Eo Fo Minimum floor area o Seven hundred (700) square feet gross floor area on the ground floor. Minimum lot or parcel area - Ten thousand (10,000) square feet. Minimum lot width - Seventy five feet (75'). Except for residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principal building area. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for accessory uses and structures shall be as required by the LDC in effect at the time of at the time of Site Development Plan Approval. 2002 5-] SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "C"-Gc.'f C!ub, "G"-Golf Course, and "REC"-Recreational. 5.2 GENERAL DESCRIPTION Areas designated as "C," "G," and "REC" .on the Master Plan are designed to accommodate a full range of golf course and recreational and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, maintenance facilities, driving ranges, aqua ranges, golf teaching facilities including classrooms and temporary golf clubhouses. Tennis clubs, health spas, equestrian clubs, aquatic centers, and other recreational clubs. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. o Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Shuffleboard courts, tennis courts, swimming pools, plav(3rounds. basketball courts, bocce ball areas, and all other types of facilities intended for outdoor recreation. Any other principal use which is comparable in nature with the foregoing JUN 2 5 2002 5.4 5-2 ,,r- - .c - ....~ ,,D:,~- r~.'..,.;,-o, is approved through the formal interpretation process per Section 2.1.15.6 of the LDC. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in these Districts. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to, golf, t.ennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended t° serve club members and club guests. acccccc,"~' f~c!!!t!es !ntcndcd fcr cutdccr rccrcat!cn. 6. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and '"~-:"~' ~'~ compct!b!c ;" *~'" ,,r-- -~...,.,~ -c~=r-. ~:..,.;..,.. is approved throuqh the formal interpretation process per Section 2.1.15.6 of the LDC.. DEVELOPMENTSTANDARDS A. Minimum Yard Requirements for Principal Structures: 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (153. Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Minimum Yard Requirements for Accessory Structures: Co ° 3. 4. 5. Front Yard: Twenty feet (20') minimum or one-half the building height, whichever is greater. Side Yard: Ten feet (10'). Rear Yard: Ten feet (10'). Any yard abutting a residential parcel: Twenty feet (20'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Maximum height of structures - Fifty feet (50'). J UN 2 5 2002 5-3 Do Eo F. G. H. I. Jo Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. Minimum distance between principal and accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Minimum distance between all other accessory structures - Ten feet (10'). Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures, which shall be considered inclusive of required ~ parking for ,qolf course and all other recreational uses. Standards for parking, landscaping, signs a~d other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. JUN 2 5 2002 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan, as "P." 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and permitted water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, I~ardwalks, wildlife observation platforms, golf cart paths and nature trails (elevated and at grade), and gazebos. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities. 4. Temporary construction access road. 5. Utility or roadway crossings. 6. Fences and walls. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses, and v:h!ch the S~,'-;!c~s D!r~ctcr dctc,,-m..!ncc tc bc ccmp~t!b!c !.n thc Prc~,'-.'=t!cn .~-'c~ is approved through the formal interpretation process per Section 2.1.1 5.6 of the LDO. 6.4 DEVELOPMENT STANDARDS All structures shall setback a minimum of five feet (5') from the Preserve Distdct boundaries and roads, except for pathways, boardwalks, fences, golf cart paths, and water management structures, which shall have no required setback. B. Maximum height of structures - Twenty-five feet (25'). JUN 2 5 2002 Pg. ~'~ 6-2 6.5 C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Minimum floor area - None required. F. Minimum lot or parcel area - None required. Go Standards for parking, landscaping, lighting, signs, and other land uses, where such standards are not specified herein or within adopted Winding Cypress Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The Developer shall be responsible for the control and maintenance of lands within the Preservation Area. JUN 2 5 2002 . .00 7-] 7.1 7.2 7.3 7.4 7.5 SECTION VII GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the general development commitments of the Developer within Winding Cypress. GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable stat(~ and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document, as adopted, along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer shall be bound by said documents, commitments, and stipulations. MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North-South) and US 41 (East-West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. WATER MANAGEMENT A. A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. 5,,2~02-104999 Vec. 01f- MPERRY ~)6,015-011- PNOC- 2 In° 1 JUN 2 5 2002 7-2 7.6 ENVIRONMENTAL The Collier County 'ST' oveday will be eliminated. A conservation easement will be provided for the propcsed preservation areas pursuant to Section ~.~ 6.5. Based upon final environmental permitting there may be adjustments to the proposed preservation areas. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Winding Cypress PUD, the Environmental Impact Statement (ELS) submitted in conjunction with the application for public headng for PUD Rezone shall serve as the ElS and the requirement for obtaining approval of an ElS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place witl~in the Winding Cypress PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an ElS supplement. The Developer shall acquire SFWMD Environmental Resource and U.S. Army Corps of Engineers wetland impact permits for the project. Petitioner shall comply with permit conditions and stipulations contained within U.S. Army Corps of Engineers and SFWMD permits issued for Winding Cypress which concern protected wildlife species. The Preservation Areas incorporate wetlands as well as buffers. The Proje. ct will be consistent with SFWMD and U.S. Army Corps permitting criteria, including any wetland buffedng requirements. For these reasons, no additional buffedng contiguous to the Preservation Areas will be required. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Flodda Fish and Wildlife Conservation Commission Gopher Tortoise Relocation Permit or "Incidental Take Permit" will be obtained pdor to construction in areas where gopher tortoise burrows exist. Gopher Tortoises shall be relocated per Collier County LDC criteria. Go All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants pursuant to or similar to Section 704.06 of the Florida Statutes. Conservation areas, including those that are recorded on a plat, shall be dedicated to the Developer for the responsibility of the control and maintenance of lands within the Preservation Area. Ho An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for mmcvc! cradication of exotic vegetation within preservation areas. 2002 7-3 7.7 This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regardin,q potential impacts to protected species on-site, as approved through project-specific ERP and Corps permits. A Habitat Management Plan for those protected species identified on-site shall be submitted to Planninq Services Department staff for review and approval prior to final site plan/construction plan approval. UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, except as may be provided in Section 2.5 of this Document. Co Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.5 of this document. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander dudng construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. Landscaping and sidewalks will be allowed within the right-of-way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by the Developer within the R.O.WJC.U.E. The aforementioned costs shall be the sole financial responsibility of the Developer. This clause will be shown within the homeowners' association documents and on the construction plans. from the BOC to the right-of-way line will be 13 feet. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance 2002 7-4 7.8 7.9 For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right-of-way line will be 8 feet. For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the main roadway section with a median, the minimum cistance from the BOC to the right-of-way shall be 13 feet. Irrigation water will be provided with' a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/Or other non- potable sources. All irrigation water source permitting shall be coordinated with SFWMD. The irriqation water distribution main may be located within the d.qht-of- way/County utility easement/public utility easement/draina.qe easement, as applicable, for the main roadway. The Collier County Public Works Department will not be responsible for the repair, replacement, and/or maintenance of said irrigation main nor shall the Collier County Public Works Department be responsible for any associated above-qround restoration. ENGINEERING Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. Work within Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. JUN 2 5 2 32 // /! ! 'I 2 5 2002 ~,. (o~ .. EXECUTIVE SUMMARY PETITION: DOA-2002-AR-2299, ALAN REYNOLDS OF WILSON MILLER, INC., AND GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING LAMAR GABLE OF BARRON COLLIER COMPANY, LTD., REQUESTING AN AMENDMENT TO THE "WINDING CYPRESS" DEVELOPMENT OF REGIONAL IMPACT (DRI), FOR THE PURPOSE OF REDUCING THE TOTAL NUMBER OF APPROVED DWELLING UNITS; REDUCING THE PROJECT DENSITY; REDUCING THE NUMBER OF GOLF COURSE HOLES; INCREASING THE PRESERVE AREA; REVISING THE DEVELOPMENT STANDARDS; AND REVISING SECTION 2.0, HISTORICAL & ARCHAEOLOGICAL, PARAGRAPH D, OF THE DEVELOPMENT ORDER TO ELIMINATE LANGUAGE REQUIRING THAT THE DEVELOPER SEEK REGISTRATION OF SITES IN THE NATIONAL REGISTER OF HISTORIC PLACES FOR' PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF COLLIER BOULEVARD (C.R. 951) AND THE TAMIAMI TRAIL (U.S. 41) IN SECTIONS 26, 34, 35, 2, & 3, TOWNSHIP 50 & 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUDA-02-AR-2298 OBJECTIVE: This petition seeks to amend the Winding Cypress Development of Regional Impact (DRI) Development Order as noted above due to "evolving market conditions" and in response to recommendations received during the environmental permitting process. CONSIDERATIONS: Collier County first approved the DRI Development Order for the 1,928-acre Winding Cypress PUD/DRI on December 14, 1999. Then on March 6, 2002, the applicant, Barron Collier Company, Ltd., submitted a Notice of Proposed Change with respect to the subject Winding Cypress Development of Regional Impact (DRI) Development Order in order to revise the project's Master Plan due to "evolving market conditions" and in response to recommendations received during the environmental permitting process. Prior to this Notice of Proposed Change (NOPC) application, there have been no other changes to the Winding Cypress DRI Development Order. FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the curren.t market seeking single-family and multi,family residential dwellings. This includes the following comparisons of approved development to the proposed land uses for portions of the Winding £YFPe°~ftffi~Ar-'" ,--.~- ~ I1-~ ' JUN 2 5 2002 ORIGINAL DEV. AMOUNT OF INCREASE ORDER NOPC OR DECREASE TOTAL ACRES: 1,928 RESIDENTIAL UNITS: 2,892 RESIDENTIAL ACRES: 437 Acres VILLAGE CENTER FLOOR AREA: 30,000 S.F. GOLF COURSE HOLES 45 Holes GOLF COURSE ACRES 358 Acres PRESERVE AREA 713 Acres 1,928 0 2,300 -592 Units 448 Acres +11 Acres 30,000 S.F. 0 18 Holes 27 Holes 164 Acres - 194 Acres 796 Acres +83 Acres Therefore, based on the above referenced decrease in intensity, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public thcilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Approval of this amendment to the Winding Cypress Development Order will only reduce the residential density and golf course holes while increasing the preserve areas. Therefore, this amendment will not have an adverse impact on the Groxvth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the subject site is located generally outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. A small portion of a "probability area" is located in the southwest comer of the PUD and within a Preserve tract. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval as submitted since the project increases the preserve area from 713-acres to 795-acres. The preserve area is also designed · passive recreation and water management uses and facilities. Buffers will be provider extending on average 25-feet landward from the edge of the wetland preserve areas. to accommodate, JUN 2 5 2002 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (EIS) is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on June 10, 2002. during the meeting, the CCPC voted unanimously (8 to 0) to forwarded Petition DOA-02-AR-2299 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is ~onsistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. Since no person spoke in opposition to the petition during the public hearing, this petition was placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition DOA-02-AR-2299 as otherwise described by the amending DRI Development Order resolution included in this Executive Summary. 3 J[JN 2 § 2002 PREPARED BY: RAY ~fELLOWS, CHIEF PLANNE CURRENT PLANNING SECTION ~- 7-o2~ DATE REVIEWED BY: SUSAN MUGRRAY,-AICI~,'INTEiRIM DIRECTOR PLANNING SERVICES DEPARTMENT Cn DATE APPROVED BY: JOSEPH K. SCflMITT ADMINISTRATOR cOMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE' DOA-02-AR-2299/EX SUMMARY/RVB/rb JUN 2 § 2002 Pm. ¢ AGENDA I-I ENI 8-8 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 16, 2002 PETITION NO: DOA-2002-AR-2299, WINDING CYPRESS PUD/DRI COMPANION ITEM: PUDA-02-AR-2298 AGENT/APPLICANT: Agent: Alan Reynolds WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, Florida 34105 Owner: Lamar Gable, General Parmer Barron Collier Company, Ltd. 2600 Golden Gate Parkway Naples, Florida 34i 02 GEOGRAPHIC LOCATION: The subject site is located at the northeast quadrant of Tamiami Trail E. (US-41) and Collier Boulevard (C.R. 951) in Sections 26, 34, 35, 2 and 3 Township 50 and 51 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: This petition seeks to amend the Winding Cypress Development of Regional Impact (DRI) Development Order in order to revise the project's Master Plan due to "evolving market conditions" and in response to recommendations received during the environmental permitting process. Prior to this Notice of Proposed Change (NOPC) application, there have been no other changes to the Winding Cypress DRI Development Order that was approved in December of 1999. PURPOSE/DESCRIPTION OF PROJECT: On March 6, 2002, the applicnnt, Barron Collier Company, Ltd., submitted a Notice of Proposed Change to include the land use changes with respect to the 1,928-acre proj.ect as follows: J UN ~ 5 ~002 Pg._ ..--- ~J Reduce the total number of approved dwelling units by 592 from 2,892 to 2,300 units, xvhich will reduce the project density from 1.5 units per acre to 1.2 units per acre. The Notice Of Proposed Change (NOPC) proposes a maximum of 2,300 residential units of which 1,440 may be single family and 860 may be multi-family units. · The number of golf course holes is being reduced by 27-holes, from 45-holes to 18- holes. · The preserve area is being increased fi.om 713 acres to 795 acres. · The Master Plan has been revised to reflect these changes. Revise the Development Standards to allow for adjustments to the currently approved 30,000 square feet of floor area for the Village Center. A 5,000 square foot increase to the amount of recreation space is proposed while the amount of approved office space is decreased by the same amount. Revise Section 2.0, Historical/Archaeological, Paragraph D, of the Development Order to eliminate language requiring that the developer seek registration of sites in the National Register of Historic Places. All archaeological sites identified in the ADA will be within designated "Preserve Areas". Revise Section 3.0, Hurricane Evacuation/Flood Planes, Paragraph B, of the Development Order to delete reference to alternative mitigation options. Sufficient off-site hurricane shelter mitigation for the Winding Cypress DRI has been arranged and approved through the Collier County Emergency Management Director. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The proposed changes to the Winding Cypress DRI as noted above have the potential to trigger several different presumptions with regard to the substantial deviation criteria that is listed in Subsection 380.06(19) Flor/da Statutes. Simultaneous increases and decreases of at least two uses within an authorized multi-use development of regional impact falls under Section 380.06(19)(e) 5(c), Florida Statutes and shall be presumed to create a substantial deviation. The SWFRPC heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the following report prepared by its staff.' Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional transportation impacts not previously reviewed by the regional plarm~ng council and the Council participation at the local government public hearing is not necessary, nc_,~, m:j~ 2 JUN 2 5 2002 ill Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. o Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Winding Cypress Development of Regional Impact (DRI). The applicant is proposing to reduce the total number of approved dwelling units by 592 from 2,892 to 2,300 units, which will reduce the project density from 1.5 units per acre to 1.2 units per acre. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the changes listed above are presumed to create a substantial deviation from the approved DO. However, the applicant has rebutted the presumption of a substantial deviation by demonstrating in the traffic analysis, submitted with the NOPC, that the revised development parameters are expected to generate 13 percent fewer PM Peak Hour net new external trips than the approved DRI. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(0 4., F.S., the Department has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submitted as part of the NOPC. It is that information which upon review by SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. The proposed revisions to the Winding Cypress PUD document and Master Plan do not adversely impact any adopted level of service standard. This amendment only illow~r~oA ~ -_ JUN 2 5 2002 the reduction of the total number of approved dwelling units by 592 from 2,892 to 2,300 units, which will reduce the project density from 1.5 units per acre to 1.2 units per acre. It also reduces the number of golf course holes by 27-holes, from 45-holes to 18-holes ~vhile the preserve area is being increased from 713 acres to 795 acres. Comparisons of approved development to the proposed land uses for portions of the Winding Cypress DRI are as follows: ORIGINAL DEV. ORDER AMOUNT OF INCREASE NOPC OR DECREASE TOTAL ACRES: 1,928 RESIDENTIAL UNITS: 2,892 RESIDENTIAL ACRES: 437 Acres VILLAGE CENTER FLOOR AREA: 30,000 S.F. GOLF COURSE HOLES 45 Holes GOLF COURSE ACRES 358 Acres PRESERVE AREA 713 Acres 1,928 0 2,300 -592 Units 448 Acres +11 Acres 30,000 S.F, 0 18 Holes 27 Holes 164 Acres - 194 Acres 796 Acres +83 Acres Staff is of the opinion that this amendment will not adversely impact the development strategy for the Winding Cypress PUD or effect residential properties within or adjacent to the PUD. The purpose of this petition is to amend the Winding Cypress PUD in order to reduce the number of dwelling units by 592 units from 2,892 to 2,300 dwelling units, which will reduce the project density from 1.5 units per acre to 1.2 units per acre. In addition, the number of golf course holes is being reduced by 27-holes, from 45-holes to 18-holes, while the preserve area is being increased from 713 acres to 795 acres. The Master Plan has been revised to reflect these changes. In addition, the development standards have been revised to allow for townhouse that was approved for the Island Walk PUD. Other minor changes in the PUD document include minor adjustments to the ratio of office floor area and the recreational uses within the Village Center without increasing its currently approved 30,000 square feet of floor area. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition DOA-02-AR-2299 as described by the amending DRI Development Order resolution included in this Staff Report. 4 ITEM JUN 2 5 2002 PREPARED BY: .... kay B~LOW~TCfiiEF PLAN~ CURRENT PLANNING SECTION REVIEWED BY: PLANNING SERVICES DEPARTMENT DATE JOSEPH K. SC'tt~IITT, ADMINISTRATOR tC~O/MMUNITY DEV. AND ENVIRONMENTAL SVCS. LSrtaffReport for the June 10, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-2299 JUN 2 § 2002 ~ P~' I I I I I I I I I I l I I I I PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant(s) Barron Collier Company, Ltd. Applicant's Mailing Address 2600 Golden Gate Parkway City Naples State FL Zip 34105 Applicant's Telephone Number: 941-262-2600 Is the applicant the owner of the subject property? [~ Yes ~-] No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate as~d x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (13 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. 2. Name of Agent Alan D. Reynolds, AICP Firm WilsonMiller, Inc. Agent's Mailing Address 3200 Bailey I_~ne, Suite 200 City Naples StateFL Agent's Telephone Number: (941) 6494040 34105 - AGE. h~A ITE.~ JUN 2 5 2002 ! ! I l I I I I I i I Name of Agent Firm Agent's Mailing Address City Naples Agent's Telephone Number: PUD Ordinance and Number: George L. Varnadoe Young, van Assenderp, Varnadoe and Anderson, P.A. 801 Laurel Oak Drive, Suite 300 State FL (941) 59%2814 Zip 34108 Winding Cypress PUD, Ordinance g99-93 (Previously amended by Ordinance #'s N/A Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Range 26 East Section 26, 34, 35, 2, 3 Township 50 & 51 South Detailed legal description is included in the Notice of Proposed Change application. I l I I o Address or location of subject property: The property is generally located at the northeast quadrant of the intersection of U.S. 41 and C.R. 951. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No. l I t I Type of Amendment: x A. PUD DOcument Language Amendment x B. PUD Master Plan Amendment x C. Development Order Language Amendment 3~- 105812 Ve~. 01~- MPEF~y NQ506-011-011- pN(~ 21~21 JUN 2 5 2002. I I k I I I I I 10. Does amendment comply with the comprehensive plan: If no, explain: [5~] Yes [--] No Has a public hearing been held on this property within the last year? If so, in whose name? No Petition Number: Date: Has any portion of the PUD been ~ sold and/or ~ developed? Are any changes proposed for the area sold and/or developed? If yes, describe. (Attach additional sheets if necessary.) No portion of the PUD has been sold or developed. I I I I I I I I k ! AGENDA ITEM JUN 2 § 2002 I ! I I I l I I I I I I I I I I I I I AFFIDAVIT I, Lamar Gable, General Partner, Barton Collier Company, Ltd., being first duly sworn, depose and say that Barron Collier Company, Ltd. is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit Alan Reynolds, AICP, of WilsonMiller, Inc., and George L. Varnadoe of Young, van Assenderp, Varnadoe and Anderson, P.A., to act as my representatives in any matters regarding this Petition. Signature of Owner Lamar Gable, General Partner STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this __ 2002, by /,..//~t-9 ~ ~/~ LE' me or who has produced not) take an oath. ;t~'day of ~r~£/~ , who is personally known to as identification and who did (did (Signature of Notary Public) ACne, DA ITEM. JO N 2 5 2002 ~,. i.¢ _ I I I I I I I I I I I I I ! I BARRON COLLIER COMPANY. LTD. PARTNER NAME General Partner: Barton G. Collier III Juliet C. Sproul Test. Trust Lamar Gable Francis G. Villere Phyllis G. Alden Donna G. Keller Totals - General Partners Limited Partners: Barron G. Collier III Juliet C. Sproul Test. Trust Lamar Gable Francis G. Villere Phyllis G. Alden Donna G. Keller Totals - Limited Partners GRAND TOTALS - ALL PARTNERS OWNERSHIP PERCENTAGE .2500% .2500% .1250% .1250% .1250% .1250% 1.0000% 24.7500% 24.7500% 12.3750% 12.3750% 12.3750% 12.3750% 99.0000% 100.0000% JUN 2 5 2002 I I I I I I i i i i I I I I I ! I I CONSENT AND APPOINTMENT OF AGENT This Consent and Appointment of Agent is madb this 0009 day of February, 2002, by Barren Collier Company, Ltd., a Florida lira i~led partnership 0aereinaf~er referred to as the "Owner") which has a maili.ng add~'ess of 2600 Golden Gate Parkway, Naples, Florida 34105. WITNESSETH. WflEREAS, the Owner owns approximately 1928 acres of land (hereinafter referred to as the "Property") loc. areal i~[ Collier Corn?y, Florida, which is more particularly described in Exhibit.& attac.~ed h~eto; and Wlq~.REAS, Owner's predecessor in interest obtained authorization from. Collier County, Florida, to develop the Property, whic[i is also known as Winding Cypress Development of Regional Impact 0DRI), through Resolution No. 99-467, approving DRI Development Order 99-4, on December! 14, 1999. WELEREAS, the Owner intends to carry out de~velopment on the Property that will require the filing of a Notice of Proposed Change 0qOPC) wi.th Collier County and other agencies or governmental entities toi develop the Property with revisions to the Winding Cypress DPd, pursuant to Section 380.06, Florida Statutes; and i WHEREAS, the Owner's revised plans to d~arelop the Prope. rty as the Winding Cypress DRI will also require changes to ~the current zon,ng of thc Property by Collier County, including having thc Pro!!erty rezoned, as a. Plann. ed Unit Development (PUD), and will also require app!ovals or acttons by other_ governmental entities or agencies of the State of Flori~!a, the U.S. Army Corps of Engineers, and agencies of Collier County; and WlTE~, the Owner is desirous of aclmow;iedging Owner's consent to the development of the Property and appointment o,[ ag~mts to represent it in preparing NOPC and PUD applications and in obtain?~ any and all goye.rn.m~t, al approvals necessary to develop the Property in thei marmcr intende~ by me Owner, and to authorize said agent to act on its behalf~.kith full authority to obtain such approvals, including an amended DRI development order and thc re. zoning to PUD of the Property described in Exhibit A, and to .Npresent the Owner in all dealings, negotiations, and hearings n~cessar7 to effec'~uate the development plan for the Property. i NOW TI:FE~FO~, the Owner, in order to :icknowledge its consent to develop the Property as a Dill and to authorize iand diz~t its agent and r~pr~sentativcs to act on ~ts behalf to apply_for ~ ebro,an ne.c..ess ~a~y gov.cmya, eh? and agency approvals for the mzomg and devciopm~mt o~ me ra-operty, nereoy authorizc~ and dir~ts the following: · '1 AG.C',.r, ,~ JUN 2 5 2002 APPOINTMENT OF AGEntS 1. The Owner hereby appoints George L. L'arnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., whose 'address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, and Alan D. Rey~)lds of WflsonMiLlcr, Inc., whose address is 3200 Bailey Lane, Suite 200, Nap[es, Florida 34105, as the authorized and duly designated agents/representativc~ of the Owner, witla .rial]. authority to act on the Owner's behalf to perform ~ l,~gal services an.d pl ~az?ing services, respectively related to the preparation, sunmission ano revtew ox any any other regulatory or permitting agencies, wmcri may o implement Owner's plans for the Property describe,~ in Exhibit A, which is incorporated herein by reference, i 2. George L. Vamadoe and the law firm o:['Young, van Assenderp & Varnadoe, P. A., and Alan D. Reynolds, are author~d to act as agents for the Owner with thc full authority of the Owner, before ?.y and all governmental entities, including any agencies of the local, state and :ledera! government as may be appropriate and reasonably related to obtainirig approval of proposed development on the Property, including obtaining aniendments to the Winding Cypress DRI development order and PUD rezo,{ng on../hc Property. The agencies or entities before whom the agents are authorized'fro represen! the Owners interests may include, but shall not be !~mited to, the fo~,..[lowing: a. Thc Collier County Board of Co~nty Commissioners and all departments, divisions and sui?-umts o~ Collier County. b. The Florida Game and Fresh W~er Fish Commission. c. The Florida Secretary of State anal all other CabLuet-level offices and agencies. ': i d. The Southwest Florida Regional .?]arming Council. e. The Florida Departments of Com~munity Affairs, Environmental Protection and Triusportation. f. The Florida Land and Water Adj'~dicatory Commission g. The South Florida Water Manag~ncnt District. h. The U.S. Army Corps of Engine~. ii JUN 2 5 2002 I I I I I I I I i I I I I I I I I I AS EVIDENCE OF CONSENT TO AND APPOIN'I[MENT OF THE AGENT named above, the Owner, by and through its duly au~ior/zed represen.tative, has signed th/s consent and appointment below. OWN-Em BARRON COLLIER COMPANY, LTD., a Florida limited partnership Lamar Gable General Partner Dated: STATE OF COUNTY OF ~0 The foregoing Consent. and Appointment of ~gent was ackaowledged before me this 6l, O~day of )~--/~/~0~/ _ , 2002~ by Lamar Gable, who is personally known to me or who ha~ produced [ as identification. Printed, typed or stamped name [Seal] iii AC~NOA ITFJ~ JUN 2 5 2002 I YOUNG, VAN A$SENDEPIP, VAPINADOE ~c ANDEI~SON, P. A. ATTORNEYS AT LAW [~"~::~. BRUCE ANDERSON CLAY C. BROODER I TASHA O. E~LJFORD DANIEL H. COX T~MOTHY S. FRANKLIN DAVID P. HOPSTE:TTER* mC. L~URIENCE KEESEY KENZA VAN A$SENDERP GEORGE I. VARNADOE ROY C. YOUNG OF COUNSEL DAVID B.' ERWIN I A.J. JiM SPALLA REPLY TO: Naples March 18, 2002 GALLIE'S HALL 225 SOUTH ADAMS STREET SUITE 200 POST OFr~CE Box 1833 (ZIP 3230P-1833) TALLAHASSEE, FLORIDA 323OI TELEPHONE (850) 222-7206 TEL~COPm~R (850) 561-6834 SuNTRusT BUILDING 8Ol ~UREL OAK 0RI~ Su~T~ 3~ POST ~rfC[ Box 7907 (ZIP 34101-7907) NAPLES, FLORIDA 34108 TELEPHON~ (941) 597-2814 T~LECOPm[R (941) 597- 1060 IRay Bellows Collier County Planning and m Development Services 2800 North Horseshoe Drive m_Naples, FL 34105 m . ~..E: Winding Cypress DRI / PUD Dear Ray: m On March 6, 2002, we submitted the Notice Proposed Change (NOPC) for the Winding Cypress Development of Regional Impact located in Collier County, Florida. WilsonMiller and our firm are pleased to submit for review seventeen (17) copies of the corresponding PUD Amendment for the Winding Cypress DR//PUD. For your convenience, we have submitted the amended PUD document in a strike-through/underline format. The PUD amendment fee of $2,200.00 and the data conversion fee of $25.00 were included in the check payable to Collier County at the time we submitted the NOPC for the DR/amendment. m m m m m I The Winding Cypress DRI/PUD is currently approved for a total of 2,892 residential units, together with a village center containing 30,000 sq.fi, of office/retail/recreational uses, and 45 holes of golf. The PUD document reflects that 713 acres of the project are in a preserve area. The proposed PUD amendment changes will lessen the impacts on County infrastructure, while strengthening the environmental aspects of the project. The number of ap: JUN 2 5 2002 Idwelling units will be reduced by 592, from 2892 to 2300. The number of golf holes is be'ng ,~ reduced by 27 holes, from 45 to 18, and the preserve area is being increased from 713 to 795 acres, ~ an increase of 82 acres. The resulting residential density is 1.2 units/acre, down from the approved 1.5 units/acre. Other minor changes in the PUD document include minor adjustments in the ~ amounts of office and recreational uses within the village center, without increasing its currently · approved 30,000 sq.fi, of gross floor area. The proposed land uses are,,depicted on the revised _ Winding Cypress Master Plan, which is attached to the PUD as Exhibit A". You will note that I the updated transportation analysis reflects a 13% decrease in peak-hour p.m. trips resulting from the proposed amendments to Winding Cypress DRI/PUD. lAs discussed and agreed to in the February 28th Pre-application Conference, an EAC hearing will I not be required' since an EIS was previously completed, reviewed by staff, and unanimously I approved by thc EAC; the EIS is less than five (5) years old (1999); and the proposed Master Plan for the site does not show greater impacts to the designated preserve areas. Obviously, this Iamendment meets the requirements of LDC Section 5.13.6.4, allowing waiver of an EAC hearing, particularly in light of the enhanced environmental aspects of the project. I we look forward to working xvith you on this project, and again would request that we attempt to have the minor changes to this project heard by the Board of County Commissioners prior to their 1 August vacation schedule. In fact, we would suggest being on the June 20t~ CCPC agenda, and w the July 9th BCC agenda. If you have any questions, please do not hesitate to contact Alan i R eynolds or me regarding any aspect of the proposed amendments. Sincerely yours, I Ge oe IGLV/lkm ienclosures as stated cc: Alan Reynolds (w/enc.) Mark Morton (w/enc.) Marjorie Student, Assistant County Attorney (w/o enc.) F:\users\LANA~W~p9\Barron Collier Company\WINDING CYPI~ESS~Ray Bellows PUD Amendment letter 031302.wpd AC~NI"~A ITEM No._ 2002 FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 850-487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planvmg ~2~noy. ~nd the state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of Barton Collier Company, Ltd., hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Winding Cypress DRI development, which information is true and correct to the best of my knowledge. I have submittedtoday, under separate cover, copies of this completed notification to the following: County, Southwest Florida Regional Planning Collier Council, and Bureauof Local Planning, Department of Community Affairs. George Vamadoe (Date) I Page ! of 9 JUN 2 5 2002 I I i i ! I I i I I I I I I I ! I I Applicants: Barron Collier Company, Ltd. 2600 Golden Gate Parknvay Naples, FL 34105 (941) 262-2600 Attn: Mark Morton Authorized Agent: George L. Varnadoe, Esq. and C. Laurence Keesey, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Alan Reynolds President Wilson Professional Center Suite 200 3200 Bailey Lane Naples, FL 34105-8507 Location (City, County, Township/Range/Section) of approved DRI and proposed change. Part of Sections 26, 34, and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East, Collier Count3', Florida. (No change.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order of the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Approved Development: The Winding Cypress DRI is located on 1,928 acres located east of Collier Blvd. (C.R. 951) and north of U.S. 41 East, in unincorporated Collier County. Collier County approved the DRI Development Order for Winding Cypress on December 14, 1999. The Development Order approved 2,892 residential units and a Center containing up to 10,000 gross s.f. each for retail, office and recreat!z, nal uses, for a total of 30,000 g.s.f, within the Village Center. The Development Orae: authorized 45 holes of golf with golf club houses, practice ranges, and related uses on a total of 358 acres. As currently approved, Winding 2yp/~ Page 2 of 9 JUN 2 5 2002 i ! I I I I I I I I I I I I I I I I required to preserve 713 acres within the project, not including an additional 88 acres of miscellaneous buffers, watenvays, canal, and FP&L easement. The approved Winding Cypress DRI Master Plan is attached to this application as Exhibit "A". · Proposed Changes: Due to evolving market conditions in the Naples area, and in response to recommendations received during the environmental permitting process, the Applicant is proposing changes to reduce the total number of approved residential units, thereby decreasing the density of the project. The NOPC proposes a maximum of 2,300 residential units of which 1,440 may be single-family units and 860 multi-family units. This is a decrease of 592 residential units from the approved development plan for Winding Cypress, and changes the SF/MF mix to emphasize the single family concept. This decrease will reduce the project's residential density from 1.5 units per acre to 1.2 units per acre. With this proposed change, the Applicant is requesting the flexibility to convert up to 100 of the 1,440 single-family residential units to multi-family use. The Applicant requests a conversion factor of 1.95 multi-family units for each single-family unit converted to multi-family. If all 100 of these single-family units are eventually converted to multi-family units, this would result in a 100-unit decrease in single- iamiiy units with a corresponding 195 multi-family unit increase, for a net increase of 95 total residential units. With the maximum conversion of single family units, Winding Cypress will be authorized to contain up to 2,395 residential units, consisting of 1,340 single family and 1,055 multi-family units. The project's approved transportation impacts will not be increased by these changes. A traffic study by David Plummer and Associates is being submitted in support of this NOPC application. The traffic study shows that both with and without the conversion of up to 100 single family units described above, the automobile trips generated by Winding Cypress will not increase trips generated by the currently approved project. The Applicant is also proposing several other minor changes to Winding Cypress. The approved 45 golf holes on 358 acres is being reduced to 18 holes on 164 acres, and a club facility, a maintenance facility and practice range have been deleted. The preserve area is being significantly increased from 713 acres to 796 acres, an increase of 83 acres of preserve area. The Applicant is not requesting any increase in the approved 30,000 sq. ft. of gross floor area that will be located within the Village Center. A minor adjustment is being made in the amount of recreation space, which is increasing from 10,000 to 15,000 sq. ft. while the amount of approved office space is being decreased by the same amount, from 10,000 sq. ft. to 5,000 sq.ft. The currently approved lO,O .t~A ft. of retail uses within the Village Center is not being changed. Sinc Wi~l.~ing Page3of9 J[JN 2 5 -9002 I I i I I I I I i I I I I I I I I I Cypress is a gated community, with no access to the general public, this minor adjustment in the amount of office and recreation space within the Village Center will not have any effect on the aUtomobile trips generated by the project. The proposed changes to land uses within the Winding Cypress DRI are depicted on the proposed DRI Master Plan which is attached as Exhibit "B" to this application. Table 1, which follows this response, provides a comparison bet~veen major land uses and density approved in the 1999 D.O. and the proposed NOPC. Changes to the Winding Cypress DRI Development Order will be made to reflect the revised land uses, as well as a few minor "housekeeping" changes, described below. Paragraph D. in the Historicai/Archeological Section of the DO is being deleted to eliminate the requirement that the developer seek registration of sites in the National Register of Historic Places. A letter from dated February 13, 2002, from Robert S. Carr, Executive Director of the Archeological and Historical Conservancy, Inc., is attached as Exhibit "D" to this application in support of this request. All archeological sites identified in the ADA will be within designated "Preserve Area," or have separate conservation easements. Also, as noted in D.O. Section 3, Hurricane Evacuation/Flood plains at Paragraph C., the developer has provided sufficient off-site hurricane shelter mitigation for the Winding Cypress DRI, nvhich was arranged and approved through the Collier County Emergency Management Director. Therefore, the SWFRPC's suggested alternative mitigation options that were inadvertently left in Paragraph B. of Section 3 of the development order are being deleted, as they are no longer appropriate. No land is being added to the Winding Cypress DRI and there is no proposed change in the phasing schedule, build-out date, master plan, or development order conditions and requirements, except those specifically identified above or in NOPC Exhibit "C", the proposed Winding Cypress Development Order. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See attached Substantial Deviation Determination Chart. List all the dates and resolution munbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Page4 of 9 J~J~ 2 5 2002 I I I I I I I I I I I I I I I I I I I 5. 6. 7. Prior to this NOPC application, there have been no changes to the Winding Cypress DRI Development Order approved in December, 1999. Collier County remains the local government with jurisdiction over the Winding Cypress DRI. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project uses within ½ mile on a project master site plan or other map. None. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Yes. None of the proposed changes exceed 40% of an)' of the numerical substantial deviation criteria listed in 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2, F.S. YES NO X Does the proposed change result in a change to the build-out date or any phasing date of the project? If so, indicate the proposed new build-out dates. No. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR/ or development order conditions. The proposed ~ as:er plan is attached as Exhibit "B;'. Pursuant to Subsection 380.06(19)(0, F.S., including the precise language tha proposed to be deleted or added as an amendment to the development ore Page 6 of 9 2002 I I I I I I I I I i I language should address and quantify: ao All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations ~n the Application for Development Approval; to the acreagc attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements includin[. locations, square footage, number of units; and other major characteristics or components of the proposed change; See enclosed "redline" version of Winding Cypress Development Order attached as NOPC Exhibit "C." A legal description is attached to the Consent and Appointment of Agent form that is enclosed with the NOPC application. bo An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There is no change to the legal description of the Winding Cypress DRI. A legal description is attached to the Consent and Appointment of Agent form that is enclosed with the NOPC application. Co A proposed amended development order deadlinc fc, r development of the proposed changes, if applicable; No change. do A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. eo A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025, F.A.C. No change. Page 7 of 9 JUN 2 5 2002 JUN 2 5 2002 II I I I I I I ! I I I I I I I I I I I I I I (~,~~'~1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LAN 01 ' April 5, 2002 Mr. Daniel L. Trescott Principal Planner/DRI Coordinator Southwest Florida Regional Planning Council P.O. Box 3455 North Fort Myers, FL 33918-3455 Dear ~: Subject: Winding Cypress, DRI No. 98-426 Notice Of Proposed Change In response to your request, South Florida Water Management (SFWMD) staff has reviewed the March 16, 2002 Notification of A Proposed Change (NOPC) to a Previously Approved Development of Regional Impact (DRI) submitted by George L. Varnadoe, Esquire, for the above-referenced project. The primary purpose of the NOPC is to request approval to reduce the total number of approved residential dwelling units by 592 units. After review of the documentation submitted, SFWMD staff did not identify any potential adverse regional water resource-related impacts that could result from approval of the proposed change. Consequently, the SFWMD has no objections to approval of the proposed change. If I can be of fudher assistance, please give me a call at (561) 682-6862. Sincerely, James J. Golden, AICP Senior Planner Environmental Resource Regulation /jig c: George L. Varnadoe, Esquir2 A GEND"A ITEM JUN 2 5 2002 , (~,,,P,g; ~ WINDING CYPRESS DRI #09-9798-145 NOTICE OF PROPOSED CHANGE Agenda Item (3)(a)(1) The Winding Cypress Project is a planned mixed-use development located in south Collier County. The project is situated on the east side of County Road (CR) 951, just north of U.S. 41 (East Tamiami Trail). Attachment I depicts the project location. Direct access to the Project will be provided via two entrances; the primary gated entrance will be on CR 951 and the secondary entrance is on U.S. 41. Winding Cypress is a gated community, with no direct access to the general public. Collier County approved the DILl Development Order for Winding Cypress on December 14, 1999. The Development Order approved 2,892 dwelling units and a Village Center containing up to 10,000 g.s.f, each for retail, office and recreational uses, for a total of 30,000 g.s.f within the Village Center. The Development Order also authorized 45 holes of golf and ancillary amenities on a total of 358 acres. As currently approved, Winding Cypress is to preserve 713 acres within the project, not including an additional 88 acres of miscellaneous buffers, waterways, canal, and easement. Previous Chanl2e_s Prior to this NOPC application, there have been Development Order approved in December 1999. no changes to the Winding Cypress DRI _Proposed Changes On March 6, 2002, the applicant, Barton Collier Company, Ltd., submitted a Notice of Proposed Change (NOPC) including the following proposed development modifications: 1. The applicant is proposing to revise the project master site plan due to "evolving market conditions" and in response to recommendations received during the environmental permitting process. The applicant is proposing to reduce the total number of approved residential units by 592, thereby decreasing the density of the project. The NOPC proposes a maximum of 2,300 residential units of which 1,440 may be single-family units and 860 P J multi-family units. This decrease will reduce the ro'ect's residential density froml.5 units per acre to 1.2 units per acre. 2. The applicant is requesting the flexibility to convert up to 100 of the 1,440 single-family residential units to multi-family using a conversion factor of 1.95 multi-family units for each single-family unit converted to multL~'arMly ' 3. The approved 45 golf holes on 358 acres z:e being reduced to 18 holes on 164 acres, and a club facility; a maintenance facility and practice range has been deleted. ~~A t----~"~~ JUN 2 5 2002 The preserve area is being increased from 713 acres to 796 acres, an increase of 83 acres of preserve area. The applicant is proposing a minol aajustment to the 30,000 sq. ft. Village Center. A 5,000 sq. ft. increase is being made to the amount of recreation space while the amount of approved office space is being decreased by the same amount. The currently approved 10,000 sq. ft. of retail uses within the Village Center is not being changed. Map H, the Master Development Plan, would be revised to reflect the proposed changes (see Attachment II). Section 2.0, Historical/Archeological, Paragraph D, of the development order would be revised to eliminate language requiring that the developer seek registration of sites in the National Register of Historic Places. Ail archeological sites identified in the ADA will be within designated "Preserve Areas," or have conservation easements (see Attachment III). Section 3.0, Hurricane Evacuation/Flood Plains, Paragraph B, of the development order would be revised to delete reference to alternative mitigation options. Sufficient off-site hurricane shelter mitigation for the Winding Cypress DRI has been arranged and approved through the Collier County Emergency Management Director (see Attachment III). Rezion~l Staff AnaJygis The proposed changes to Winding Cypress DRI discussed above have the potential to trigger several different presumptions with regard to substantial deviation criteria listed in Section 380.06(19), Florida Statutes. Simultaneous increases and decreases of at least two uses within an authorized multi-use development of regional impact falls under Section 380.06(19)(e) 5(c), Florida Statutes which reads, in part, "... a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized development c~f regional impact, which was originally approved with three or more uses.., shall be presumed to create a substantial deviation". Additionally, Section 380.06(19)(e) 3., Florida Statutes., reads in part as follows: "...any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation." In accordance with section 380.06, a proposed change to ~-i:~eviot.~",y approved development is to include a description of the individual changes previous ~ made to the development, including changes previously approved by the local government. Local government considers the previous and current proposed changes in deciding whether such changes cumulatively constil ~ JUN 2 5 2002 32. deviation requiring further DRI review. Therefore, the applicant is required to either rebut the presumption or enter into the DRI Substantial Deviation process. Character, Magnitude, Location The proposed changes will result in a change of character for the DRI into a project with greater flexibility in the land use mix and reduced density. In order to respond to market conditions tt.e applicant is requesting the flexibility to convert up to 100 of the 1,440 single-family residential units to multi-family use. With the maximum conversion of single-family units, Winding Cypress will be authorized to contain up to 2,395 residential units, consisting of 1,340 single-family and 1,055 multi- family units. The projects approved transportation impacts x~411 not be increased by these changes. In order to rebut any potential presumption of substantial deviation, the applicant's agent requested a traffic study be prepared to analyze the trip generation impact. No land is being added to the Winding Cypress DRI and there is no proposed change in the phasing schedule, build-out date, or development order conditions, except those specifically identified above or in the NOPC exhibit. The project's location would not be effected by the proposed changes. R__egional Goals, Resources or Facilities The regional issues that addressed to mitigate the proposed changes are transportation, wetlands and other fish and wildlife resources. The project is situated on the east side of County Road (CR) 951 ,just north of U.S. 41 (East Tamiami Trail). The applicant's consultant estimates a slight reduction to the number of external trips at buildout (2008). As such, the-change in residential mix and the reduction in units will not significantly change the project's traffic impacts originally forecasted for Winding Cypress in the ADA DRI review process. Transportation_ The Southwest Florida Regional Planning Council is in receipt of the Winding Cypress Development of Regional Impact Notice of Proposed Change Traffic Study prepared by David Plummet & Associates, Inc., dated March 8, 2002. Existing and Proposed Land Uses It is currently anticipated that the project will be a two-phase development with the first phase ending in 2004 and build out in year 2008.The Project's development parameters are as follows: JUN 2 5 2002 TABLE I Project Development Parameters- Buildout fLand .se Residenda; ~ilfamily -----~TAL Non-Residennai Town Center Sales Center Golf Neighborhood Park --'O-~inal DRI 400 D.U. -~,510 D.U. ;_2,910 D.U. 3 0'~0~0 sq. fi. ~-,000 sq. fi. acres Change -~-posed __----- ~50 D.U. ' 1,160 D.U. - 1,650 D.U. 2,300 D.U.. - 610 D.U. i~- ~-oie's - 27 Holes The applicant's ADA traffic study evaluated a staged buildout of the development showing the necessary improvements required at specified levels of development. The Project's impacts were identified and reviewed for incorporation in to the DRI Development Order. Trip Generation The DRI approved trip generation was based on the ITE trip generation rates from the I_TE Tri~ Generation, 6'h Edition. The trip generation associated'with the proposed development parameters for ~he Winding Cypress DRI NOPC were calculated using a combination of trip generation rates from the ~eration, 6'h Edition and specific field measured trip generation rates of comparable dc~.¢lopments. The traffic study methodology and trip generation capture rates were previously agreed upon with Collier County Transportation Planning Division. Due to the DiVosta type development planned for Winding Cypress, the residential characteristics associated with that style community and the population characteristics of its residents, it is anticipated that the trip generation for Winding Cypress will be significantly different than that of the ~eratio.n_. Two separate trip generation rates studies were conducted to determine the residential and golf trip generation rates associated with the development. The peak hour and daily, net new external trip generation associated with the proposed development parameters was compared to the approved DR/trip generation associated with the approved DR/. The resultant trip generation comparison is summarized below. TABLE 2 Trip Generation Comparison (Buildout) JUN 2 5 2002 The revised development parameters are expected to generate 13% fewer PM peak ho.ur net new external trips than the approved DRI. The SWFRPC staff has concluded that less regional and local transportation impacts will occur from the proposed changes. Wetlands and other Fish and Wildlife Resources The U.S Fish and Wildlife Service (Service) has reviewed the project plans submitted by the applicant. The Southwest Florida Regi,nal Planning Council is in receipt of a letter, dated April 4, 2002, from the Service that represents their view of the effects of the proposed Winding Cypress Development of Regional Impact. The Service has indicated that they have not received all of the information necessary to concur with a determination of"may effect" or request initiation of formal consultation on the proposed action, as required in the regulations governing interagency consultations (50 CFR 402.14). To complete the initiation package, the Service will require the following: Florida Panther 1. an analysis to determine if the proposed action will destroy, degrade or fragment cover types suitable to panther prey, e.g., white-tailed deer and feral hog, and a summary, of prey densities pre- and post-project development; 2. a history' ~,c ...... ~,~ fire and wildfire for the project site; and 3. a summary of deer management techniques used at the project site. Wood Stork 1. a detailed mitieation, monitoring, and mana~;ement plan for all wetlands preserved onsite and all wetlanc'fs preserved off s~te supporterl'by a Corps approved wetland functional analysis. Red-Cockaded Woodpecker I. an updated red-cockaded woodpecker survey; 2. infonnation on the age class distribution, basal area (density), and understory condition of all cover types containing South Florida slash pine on the project site; 3. infonnation on the distance of the proposed project site from the nearest known red- cockaded woodpecker cluster; 4. an analysis of direct, indirect, and cumulative impacts to the red-cockaded woodpecker; and 5. an explanation of how conservation measures included in the project design will minimize the adverse effects of the proposed project to red-cockaded woodpeckers. JUN 2 5 2002 In order to evaluate the impacts of the proposed project to wetlands and other fish and wildlife resources, the Service requests the following: 1. a copy of the jurisdictional maps for the project site and an explanation as to why 370.2 acres of pine flatxvoods with a graminoid understory are classified as uplands; 2. an alternatives analysis which justifies the need for wetland impacts associated with the construction of the proposed project; 3. a review of the functional analysis for pre- and post-project wetland cover types, including any proposed offsite mitigation area; and 4. a detailed description of the perpetual monitoring and management plan, beyond the Corps monitoring and maintenance requirements, for the proposed onsite preserve areas and any proposed offsite wetland mitigation area. The Department of the Interior U.S. Fish and Wildlife Service has indicated that until they receive all of the information requested, they will not begin the consultation process for the proposed project. This information is provided as "information only", that all parties shall be aware of. This process may lead to a future NOPC to address those concerns as they are worked out (see Attachment III). Multi-jurisdictional Issues There are no multi-jurisdictional impacts related to the proposed changes. Need For Reassessment of the DRI Based on staff review we have concluded that the proposed changes are not a substantial deviation and further state in accordance with Chapter 380.06(19)(a) F.S. that the proposed changes do not "create a reasonable likelihood of additional regional impacts, or any type of regional impact not previously reviewed by the regional planning agency. Therefore, there xvill be no need to reassess the regional impacts of the projects. Acceptance of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. Conclusion The changes in land use do not create a likelihood of additional transportation impacts. The revised development parameters have been clearly identified indicating a 13 percent decrease in net new PM external trips from the approved DRI; therefore the revised development based on NOPC #1 studies rebut the presumption that the Project would not result in a substantial deviation. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create add ~'~1~t~ jun 2 5 2002 o transportation impacts not previously reviewed by the regional planning council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance proposes. Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the SWFRPC. Request Collier County provides SWFRPC staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. HENDRY COUNTY GULF ~--,,~_~C~~~WINDINGMEXIcoOF CYPRES'S~\~ cott.,~*R COUNTY O 3 6 ~ 2 GENERAL LOCATION MAP WINDING CYPRESS SOUTHWEST FLORIDA REGION AC~HOA ITEM JUN 2 5 2002 o ooo ~ ' ' I // / JUN 2 5 2002 DEVELOPMENT ORDER DOA-2002-AR-2299 RESOLUTION NO. 02 - A DEVELOPMENT ORDER OF THE BOARD OF COL.~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT ORDER FOR WIN'DING CYPRESS, LOCATED IN SECTIONS 26, 34 AND 35, TOX,\q'q'SH[P 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOW'NSHiP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; FINDING AND DETERMINING THAT THE PROPOSED CHANGES TO THE PREVIOUSLY APPROVED DEVELOPMENT ORDER TO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; PROVIDING AN EFFECTIVE DATE. \VHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order DOA-2002-AR-2299 (the Development Order) on December 14, 1999, which approved a Development of Regional Impact (DRI) 'known as WINDING CYPRESS; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and \VHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to reduce the maximum number of dwelling units from 2,892 units to 2,300 units, reducing the residential density from 1.5 units per acre to 1.2 units per acre, revising the mix of office and recreational uses within the Village Center without increasing the maximum 30,000 square feet of floor area, reducing the golf course area from 45 holes to 18 golf holes and increasing the preserve area from 713 acres to 796 acres.; and WHEREAS, Young, \'an Assenderp, Vamadoe & Anderson, representing Barron Collier Company, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and \VHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on April 18, 2002, 2002; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and consid~. ed the repons of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on June 25, 2002; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of JUN 2 5 2002 Collier County, Florida that: The proposed revisions to the Winding Cypress Development Order No. as described in Petition DOA-2002-AR-2299, noted as Exhibit "B" and hereto made a part of this resolution do not constitute a substantial deviation requiring further Development of Regional Impact review. BE IT FURIHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2002. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form ,~:~d L~=a', Sufiicic,c, .Ma~jorie M. Student Assistant County Attorney DOA-20C]2-AR-2299,'RB,'Io JUN 2 5 2002 WilsdnMiller New Directions In Planning, D~sign & Engineering Description of Part of Sections 26, 34 and 35 vx. Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "B") All of Se'ction 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet (for road right-of-way) and the west 100 feet (for canal right-of-way) therefi'om; AND ALSO .MI of Section 35, Townsbi'~ 50 South, Range 26 East, Collier County, Florida, less and except thc vest 60.00 feet (for canal right-of-way); AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida; Being more particularly describes as follows: PARCEL "A': BEGINNING at the Southeast comer of Section 2, Township 51 South, Range 26 East, Collier Count3', Florida; thence along the south line of said Section 2 North 87002'48" West 2717.79 feet to the South Quarter Comer of said Section 2; thence continuing along said line North 89027'3 I" West 233.96 feet; thence leaving said line North 5402 1'26" West 3802.70 feet along the northeast right-of-way line of U.S. 41 (Tamiami Trail); thence North 20014'55'' East 2036.85 feet; thence North 69°45'05'' West 45.00 feet; thence South 89°15'14'' East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said Section 2; thence along said line thence North 00°44'46'' East 1350.52 feet to a point on the North Line of Section 2, said point on a line lying 60 feet east of the west line of said Section 35; thence along said line North 00o50'06" East 2614.26 feet; thence contin::ing along said line North 00o52'55" East 2619.36 feet to a point on tht North Line of said Section 35; thence along said line South 89°33'56'' East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; thence along said line North 00050'24" East 2633.11; thence continuing along said line North 00050' 18" East 2604.58 feet to a point on the Southerly Right of Way line of Sabal Palm Road, said line being 30.00' south of the north line of said Section 26; thence along said Right of Way line South 89037'03'' East 2541.99 feet; thence continuing along said line South 89°37'26'' East 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00°14'00'' East 2606.72 feet to the East Quarter Comer of said Section 26; thence continuing along said line South 00° 14'36" East 2636.75 feet to the Southeast Comer of said Section 26; thence along the East Line of said Section 35 South 00024'57" West 2638.06 feet to the East Quarter Comer of said Section 35; thence continuing along said line South 00023'29'' West 2637.20 feet to the Southeast Comer of said Section 35; thence along the East Line of said Section 2 South 00°40'26'' West 2801.59 feet to the East Quarter Comer of said Section 2; thence continuing along said line South 00°40'46" West 2750.15 to the Southeast Comer of said Section 2 and the POINT OF BEGINNING of the parcel herein described (PARCEL "A"); Parcel Contains 1922.2 acres more or iess. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87o02'48" West. Naple~, '" ,see ---,;-5716 32008aileyLa'.-- EXHIBIT "A" HO,.~6-O~*O0~.O Wll$onMlll$lt, ln¢. -- FL glc.~' LC*COOOIFO CA 43 JUN 2 5 2002 WilsdnMiller Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier Count)', Florida. (PARCELS "A" and "B") Continued; ALSO INCLUDING THE FOLLOWING: PARCEL "B': COMMENCING at the Southwest Comer of said Section 26; thence along the West Line of said Section 35 South 00°52'55" West 674.12 feet; thence leaving said line North 89°07'05" West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B"); thence along said line South 00052'55" West 1110.23 feet; thence leaving said line North 89007'05'' West 539.68 feet; thence North 35039'05" East 175.97 feet; thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a Central angle of 20°36'46'' subtended by a chord which bears North 25°20'42'' East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL "B'). Parcel Contains 5.7 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87°02'48'' V~/est Total parcel (including Parcels "A" and "B') contains 1927.9 acres more or less. WILSONMILLER, INC. Registered Engineers and Land Surveyors Certificate of authorization #LB-43. Michael.H. Maxwell, PSM $650 Not Valid unless embossed with the Professional's seal. Ref. 4E-50 W.O.: N0506-000-000-MABSI Date: October 15, 1999 Revised: January 13, 2000 AC~i~A ITE~ JUN 2 5 2002 RESOLUTION NO. ~ 02 DEVELOPMENT ORDER ~ 02 FIRST AMENDMENT TO" V'FLOPMENT ORDER OF THE BOARD OF COUNT'i C-.:,[!'[(3SIONERS OF COLLIER COUNTY, FLORIDA i~,,.. 'WINDING CYPRESS, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 26, 34 AND 35, T~OWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, On September 2, 1998, Barron Collier Company, tk~.~:~ "Deve!zper"), in accordance with Subsection 380.06(6), Florida Statute_s, filed an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Winding Cypress vdth Collier County and Southwest Florida Regional Planning Council; and WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for Development Approval of a Development of Regional Impact submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the record made at said hearing, issued Resolution .No. 99-467 and Development Order 99-4 approving the Winding Cypress DRI: and WHEREAS, on March 2002, George Vamadoe, on behalf of Barron Collier CompanY, Ltd., (hereinafter "Developer"), the successor in interest to Barron Collier Compan.v~ and the owner and developer of the Winding Cypress DRI, filed a Notice of Proposed Changc ("NOPC") requesting that the Board of County Commissioners approve the following changes tq the Winding Cypress DRI: a reduction of the number of residential units; an increase of 83 acres of preserve area; a reduction in the amount of golf course uses by 27 holes, one clubhouse, onq maintenance faciliW and one practice range; a decrease of 5,000 square feet, with a corres~ondin~ increase of 5,000 squm-e feet, in the amounts of office and recreational uses, respectively, xvithiu the Village Center; a redesign and relocation of approved uses within the Winding Cypress DR, as depicted on the DRI Master Plan marked "H-I" attached hereto as Exhibit C , and the amendments to the'terms and conditions of the Winding Cypress DRI Development Order as approved below. WHEREAS, the Board of County Commissioners as the governing body 'of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval }ADA) for Developments of Regional Impact and Notices of Proposed Change thereto; and Deletions appear as Strikethrough text, additions appear as Unaerlined text. EXHIBIT "B" WHEREAS.. the public notice requirements of Chapter 380 t-.,-~'~"'~ ~}, Florida Statutes. and the requirements of the Collie]' County Zoning Ordinance have been satisfied; and \~,.q-IER_EAS. tile Board of County Commissioners passed Ordinance 99-93 on December 14, 1999, xvhich rezoned the subject property to PUD and the Developer has requested lhe Cotilllv to approve amendments to the Winding Cypress PUD to conform with this DRI Developlnent Order: and \\q-tEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Plmming Council (SWFRPC) and held a public hearing on tile [. ^.~,r'' ^. ~..~'- ~.~....~.n ...... ~-~'" .,'~ ! 999~ NOPC on , 2002; and WHEREAS, the issuance of {a} an amended Development Order pursuant to ~ Section 380.06, Florida Statutes, does not constitute a xvaiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State; and \VHEREAS. on : 2002, the Board of Count',, Conunissioners. at an open public hearing in accordance with Section 380.06, Florida Statutes. considered the Notice of Proposed Cham, e and approved the amendments to the Winding Cypress DRI Development Order and approved the revised Winding Cypress DRI Master Plan. marked "Hol" and attached as Exhibit "C" hereto, and makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit "A" 2. The application is consistent with Subsection 380.06(6), Florida Statutes, (1998). The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit "B", which by reference thereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Order, as amended. The Developer proposes development of the Winding Cypress Development of Regional Impact, as shown on the Master Plan attached hereto as Exhibit "C", and consisting of 1,928 acres, which includes: mo A total of m,~.,~.~,~e,~'~ 2,300 residential dwelling units _..~'-~ ." ~...~'~" center on {427] 448 acres, as described in subparagraphs (1)-(3), below: 1. Up to 1.440 residential units may be single family dwelling units: and Deletions appear as Strikethrough text, additions appear as Underlined text. JUN 2 5 2002 o o o 10. 2. Up to 860 residential units may be multi-family dwelling units. The Developer shall have the option of converting a maximum of 100 approved single family residential dwelling units to additional mul:i_: family residential units, at a conversion ratio of 1.95 multi-family un ts for each single family unit converted to multi-family use, without filing ;. NOPC or undergoing further DRI review. Bo A Village Center consisting of 10,000 square feet of Gross Floor Area (GFA) of retail use, r~nt.~,vvv,nnm 5,000 square feet GFA of office space, a~d r~ n nnn~ 15,000 square feet GFA of recreational facilities, in addition to a l~,v~v~ clubhouse; C. Golf [Club:, 45} Club, 18 holes of golf course, practice range, and maintenance facilities on 164 r'~ ~ ~ ~ acres; D. 235 acres of lakes; E. r,:~:~ 81 acres of right-of-way F. 9 acres of recreational lands; and G° [712} 796 acres of preserves, andt**~r~'" 180 acres of miscellaneous buffers, waterways, canal, and FP&L easements. The development is consistent with the report and recommendations SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. The development is consistent with the State Comprehensive Plan. Deletions appear as Strikethrough text, additions appear as Underlined text. 2002 CONCLUSIONS OF LAW. NOW, THEREFORE, BE IT REsoLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the 14th day of December, 1999, that the Winding Cypress Application for Development Approval submitted by Developer is hereby ordered approved, subject to the following conditions: 1. ENERGY A. The Winding Cypress Development of Regional Impact will incorporate the following energy conservation features: Provision of a combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads ~vithin the project. This system will be consistent ~vith local government requirements. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial, and multi-family residential areas. C. Cooperation with Collier County in the locating of bus stops, shelters, and other passenger and system accommodations for any future public transit system to serve the project area. Developer shall encourage builders: (1) to use energy-efficient features in window design; (2) to use operable windows and ceiling fans; and Eo Fo (3) to install energy-efficient appliances and equipment. (4) to include porch/patio areas in residential units. Prohibition of deed restrictions, covenants, and design guidelines that would prevent or unnecessarily hamper energy conservation efforts. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. Installation of energy-efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. pressure per square inch). Deletions appear as Strikethrough text, additions appear as Underlined text. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of ] U N 2 5 Jo Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. Planting of native shade trees for each residential unit. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Mo Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. Provision for structural shading wherever practical when natural shading cannot be used effectively. Consideration by the project architectural review co.mmittee(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. 2. HISTORICAL/ARCHAEOLOGICAL Archaeological sites 8CR786, 8CR787, 8CR788, 8CR789, 8CR790, 8CR791, 8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cyl:tress property shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Winding Cypress DRI. Bo In areas where the sites are located in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or eouivalent protections, such as temporary fencing or other structural barriers, shall be preserved or constructed around the archaeological sites. Exotics removal within these areas shall be by hand labor. Deletions appear as Strikethrough text, additions appear as Underlined text. C__:. The Developer shall cooperate with the DHR's investigation of these sites by A GE.N~A ITE.~ JUN 2 5 2002 allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. ~-. {F} D. If any additional archaeological/historical sites are uncovered during the proposed -- development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR, SWFPPC, and Collier County so that a state-certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitig"tion -.ztions, as necessary. E_.~. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Historical and Archaeological Sites are hereby incorporated by reference to the extent they are consistent with Paragraphs A--{-g-}' D. above. 3. HURRICANE EVACUATION/FLOODPLAINS A. Ail deeds to property located within the Winding Cypress DR/ shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida 'Region is high, and/or hurricane shelter spaces are limited. B. The Developer, or the proposed homeowners' association shall establish and maintain a public information program for purposes of educating the development's residents regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the availability and --~ location of hurricane shelters, and evacuation routes, and the identification of steps to take to minimize property damage and to protect human life. The Developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: 1. operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; 2. a public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters, and other protective actions which may be specific to the development; 3. identification of who is responsible for implementing the plan; 4. and other items as deemed appropriate. Deletions appear as Strikethrough text, additions appear as Underlined text. 6 AC.,E~:)A ilT.~ JUN Z 5 002 P~. ~ The plan shall be developed in coordination with local emergency management officials, r~.. .... ~rocunng C. The Developer has provided off-site hurricane shelter mitigation for the Winding Cypress DRI by providing funds to the Collier County Emergency Management System for window and door protection to the Oak Ridge Middle School pursuant to commitments made, as a result ofnegotiat;ons with Collier County officials. D. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the Development Order as cdnditions for approval. 4. STORMWATER I~kNAGEMENT Ao The Winding Cypress development shall require a South Florida Water Management District (SFWMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetland~ ua~d other surface waters. Bo Co The Winding Cypress Development shall require SFWMD Water Use Permits for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering activities proposed for construction of project lakes and/or road or building foundations. At the time of permit application, the Developer shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time· The proposed surface water management system design includes the possibility of routing additional stormwater from the north through the project site in an effort to restore historical flow patterns. During SFWMD Environmental Resource Permit review processes, a detailed evaluation of concerns expressed by SFWMD staff about the potential for adverse impacts to the adjacent Picayune State Forest, and concerns expressed by the City of Marco Island regarding potential quality and quantity impacts to the City's water supply, shall occur. Deletions appear ~ Strikethrough text, additions appear as Underlined text· JUN 2 5 2002 pc. Uo Prior to development of the proposed golf course, the golf course developer shall be as specific as possible in identifying to the City of Marco Island the types of turf maintenance chemicals to be utilized on that portion of the golf course development closest to the Marco Lakes raw water source, and the types and amounts of contamination which could result in these waters as a result of such chemical use. Fo The Developer shall affirm in writing to the Chairperson of the City Council of the City of Marco Island that the Developer as well as any legal successors or assigns will not seek to restrict currently permitted City water withdrawals from the Marce Lakes borrow pits. Jo During construction activities, the Developer shall employ best management practices for erosion and sedimentation control. These practices shall be included v,'th or presented on all construction glans, and shall be subj,~ct to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of construction. -The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control ~ structures, perforated pipes, and grass swale conveyances. Sx~ ale~ ~hail be u~cu, whenever possible, rather than closed systems. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. The Developer or its successor shall conduct annual inspections of the Winding Cypress Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the £mal approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. Lo The Developer shall confu-m to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. Deletions appear as Strikethrough text, additions appear as Underlined text. JUN 2 5 2002 No Oo Po Qo So The Developer, its successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The Developer shall encourage any private commercial parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one-half inch of dry pre-treatment (retention or detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. Ditch and swale slopes shall be designed to minimize discharges so that 'these facilitL, s may provide some additional water quality treatment l:.ior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the development. Any de. bris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be repaired immediately. Underdrain systems and grease baffles, if utilized within the Winding Cypress DR/, shall be inspected and cleaned and/er repaired en ~ regul.~ b~sis. !~ ,~' instance shall the period between such inspections exceed eighteen months. Stormwater management system maintenance requirements shall include removal of any mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as from the lake littoral zones employed in the system. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed ir, lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation and Wildlife), Question 13 (Wetlands), Question 14 (Water), Question 15 (Soils), Question 16 (Floodplains), Question 19 (Stormwater Management), and not in conflict with the above recommendations, are hereby incorporated by reference. Deletions appear as Strikethrough text, additions appear as Underlined text. ACi4ENOA ITEM _ JUN 2 5 2002 proportionate share contribution may be provided tlu:ough the Developer's payment of Collier County road impact fees. No building pen'nits for Phase 2 shall be issued unless the proportionate share payment and a comnfitment to use the payment for the construction of a needed improvement, in accordance xvith the options listed in the paragraph above are received by the County. Any delay or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice.. of Proposed Cllange. Do To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the Development Order for the Winding Cypress DRI. Successive reports shall be submitted annually thereafter until buildout of the project. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the Development Order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning improvements at each of the project's access points and the off-site intersections listed in paragraph B above. The report shall also provide a calculation of the existing level of ser¥ice at the projects access points and the facilities listed in paragraph B above. Finally, an estimate of the level of development expected to be added by the project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed and address any deviations from the identified schedule. Eo The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. Go The Developer may select one or more of the options listed in Paragraph C above to the extent that options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whate,~er options are exercised, however, shall be done with the understanding that the following conditions shall be met: (1) If annual monitoring reports lead to the conclusion that one or more of the regional intersections are operating at worse than the adopted level of service and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the standards of the County's Concurrency Management System have been met. (2) The transportation impact to the intersections identified in Paragraph B Deletions appear as Strikethrough text, additions appear as Underlined text. 2002 5. TRANSPORTATION The Developer or its successor or assigns shall be fully responsible for site related roadway and intersection improvements required within the Winding Cypress DRI, including project access points on CR 951 and US 41. The following project access points onto CR 951 and U.S. 41 shall be located cop$~z~ent with the Winding Cypress Master Plan, attached hereto as Exhib' t "C", and constructed consistent with Collier County and FDOT's permit requn cments: (1) (2) (3) CR 951 at North Project Entrance CR 951 at South Project Entrance US 41 at East Project Entrance The Developer shall provide its proportionate share of the costs of necessary at grade intersection improvements ~acluding, but not limited to, right of way, cost of signalization, mm lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project buildout in 2008: (1) US 41 atCR951/SR951 (2) CR 951 at SR 84/Davis Blvd. Improvements to the facilities outlined in condition 5. B, above, shall be made at the time that the intersection is expected to operate at worse than the level of service standard adopted in the Collier County Comprehensive Plan or shall be programmed for construction within three years of that time. No building per~its for Phase 2 of this project shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3243, F.S., ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with the impacts of development. Any combination of the above which ensures the improvement to the facility is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a "proportionate share contribution", calculated consistent with the formula in Paragraph 9J-2.045 (1) (la), F.A.C., to Collier County for this improvement. The proportionate share payment shall only be applied to the inunediate construction of one or more improvements to regional facilities significantly impacted by the Winding Cypress DRI. A portion or the entirety of the Developer's Deletions appear as Strikethroug?; text, additions appear as Underlined text. AGENOA ITEM JUN 2 5 2002 above, shall be appropriately addressed consistent with the County's Concurrency Management Ordinance and any Local Government Development Agreement or commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional roads and intersections. VEGETATION AND WILDLIFE/xNETLANDS- A. The need for wildlife crossings and fencing designs for roadways crossings of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation Commission ("FFWCC") as part of the ERP permit process. B. Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft ~.c~r~ Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be implemented for the preserve area. C. A minimum of-{-g4-34- 796 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development; a conservation easement shall be placed over all conservation areas. D. Native landscaping shall be used to the greatest extent practical. The Project will meet the criteria of Section 2.4.4.1. of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be, native plants. E. Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take and/or Relocation Permit process. F. Upland and/or appropriate structural buffers will be provided per the SFWMD Basis of Review. o WASTEWATER MANAGEMENT/WATER SUPPLY Bo The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require permits for irrigation well construction and for dewatering activities associated with the construction of lakes, roads and building foundations. The project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to Deletions appear as Strikethrough text, atidition3 appear as Underlined text. JUN 2 5 2002 Eo the Collier County Utilities Division by the South Florida Water Management District. South Florida Water Management District staff's estimate of the non-potable xvater use (irrigation) exceeds that of the Developer (2,640,000 gallons per day versus 2,500,000 gallons per day). At ~' '~ ~ ?e of the water use permit application for the DP-d, the Developer will be recu,ro,. · '. iovide a revised estimate for non-potable water use. : South Florida Water Management District may require a cumulative impact model upon permit application. This model.shall include withdrawals from surface water, the surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the Winding Cypress Development. The application shall include all related input and output files. This model will be used to determine potential ad,~erse impacts to the safe yield of each source, existing legal users, legal domestic users, the lateral migration of the saline water surface, potential impacts to existing wetlands, and possible sources of pollution. The project shall obtain potable water, wastewater treatment and, eventually non- potable water, from the Collier County Utilities Division, if Collier County determines that it has sufficient capacity to serve the project. Should the Collier County Utilities Division determine that it does not have sufficient capacity to serve the project, the Developer shall either construct interim potable water, wastewater treatment and/or non-potable water facilities, or shall postpone development until such time as the Collier County Utilities Division's service , capacity is available to the project. Any interim facilities constructed by the Develor)er shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Utilities Division facilities. Whether potable water, wastewater treatment and/or non-potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. As the Winding Cypress DRI intends to utilize treated effluent for irrigation, the Developer shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater management system are adequately buffered as may be required by regulatory agencies. Temporary septic systems may be utilized in conjunction w/th construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other than for construction and sales offices, model homes and rest shelters. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm at the time when permanent or interim wastewater treatment facilities come online. Deletions appear as Strikethrough text, additions appear ,qs Underlined text. JUN 2 5 2002 H. All construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by the Collier County Utilities Division prior to commencement of construction. I. All potable water facilities, including any possible onsite potable water treatment plants, shall be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate agency having jurisdiction. J. The lowest quality of water available and acceptable shall be utilized for all non- potable water uses. K. All commitments made by the Developer, within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 14 (Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in conflict with the above recommendations are incorporated as conditions of approval for the Winding Cypress DRI. POLICE AND FIRE PROTECTION.. A. The Developer shall meet with the Sheriff's Department to establish programs and incorporate crime prevention measures during each phase of the site development process. B. Fire protection shall be provided according to existing standards or fire flow ' criteria promulgated by Collier County or recommended guide,ines aeveioped by the National Fire Protection Association. C. Facilities qualifying under the Superfund Amendments Reauthorization Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, skall file hazardous materials reporting applications in accordance with Sections 302, 303,304, 311,312, or 313 thereof. Applications shall be updated annually by each reporting facility. S OLID/HAZARDOUS/MEDIC~ WASTE.. A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume with practices such as conservation, recycling, trash compaction, and mechanical shredding. B. Any business located within the Winding Cypress DPd, which generates hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17- 730.030, Florida Administrative Code), shall be responsible for the temporary Deletions appear as Strikethrough text, additions appear as Underlined text. JUN 2 5 7_002 storage, siting and proper disposal of the hazardous xvaste generated by such businesses. However, there shall be no siting of hazardous waste storage facilitie:; contrat3' to Collier County Zoning Regulations. Co The Project shall be bound by all applicable recycling requirements effective in Collie- C- ant3' at the time of the development. Do Areas~':":' i::a 'buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leading to separate impervious holding faciktie'~, which are adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Dvpartment of Enviror.'.nental Protection. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN Collier Count3' has determined that the Winding Cypress DRI prc~ject is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's Concurrency Management System relative to public facilities necessary to support the project. 11. PUD DOCUMENT There is a PUD document (Ordinance 99-93) approved by the Collier County Board of Count3' Commissioners on December 14, 1999, xvhich also governs the Winding Cypress DR/. The Developer ac'knowledges that the conditions and commitments of the PUD Document also govern the development and use of property within Winding Cypress, even though the PUD Document (Ordinance 99-93), as amended, is specifically not made a part of this Development Order. 12. GENERAL CONSIDERATIONS mo All commitments and impact mitigating actions provided by the Developer w/thin the Application for Development Approval (and supplementary documents) that are not in conflict w/th specific conditions for project approval outlined above are officially adopted as conditions for approval. Bo The'Developer shall submit an annual report on this Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. Deletions appear as Strikethrough text, additions appear as Underlined text. JUN 2 § 2007. Co The development phasing schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of approval. If Development Order conditions and Developer commitments incorporated within the Development Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the. affected regional issue. Do If Collier County, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The moMtofing checklist form contained in Appendix IV to the SWFRPC's official recommendations for the Winding Cypress DRI shall be used as a guide by Collier County in determining additional substantial regional impacts. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impact fees or exactions to meet the same needs. Collier County and the Developer may enter into a capital contribution front-ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. , Fo This Development Order states the land uses approved in gross square feet, acreage and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The Community Development Director shall be the local official responsible for assuring corr,pliance with the Development Order. This Development Order shall remain in effect for fifteen (15) years from the date of adoption. ~'i~ne definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt from down- zoning or intensity or density reduction for a period often (10) years from the date of adoption of the Development Order, subject to the conditions and limitations of said Deletions appear as Strikethrough text, additions appear as Underlined text. 2002 o Subsection of the Florida Statute._.___~s. The Developer, or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this Development Order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present. Upon a finding that one or more of thc following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended development order: A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regiona! Planning Council; or B. An expiration of the period of effectiveness of this Development Order as provided herein; or C. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining additional substantial regional impacts. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in Deletions appear as Strikethrough text, additions appear as Underlined text. JUN 2 5 2002 ~g pg.~ 10. 11. 12. 13. interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter 190, Florida Statutes. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, s'dch caecision shall in no manner, affect the remaining portions of this Order which shall remain in full force and effect. This Order shall be binding upon the County and the Developer, their assignees or successors in interest. This Development Order shall becorae effective as provided by law. Certified copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Florida Statutes. Deletions appear as Strikethrough text, additions appear as Underlined text. JUlq 2 5 2002 Commissioner Commissioner offered the Resolution and moved its adoption, seconded by and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: DONE AND ORDERED this day of December, !999,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Chak-person APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Deletions appear as Strikethrough text, additions appear as Underlined text. 2002 EXECUT!VE SUMMARY RZ-2002-AR-2487 Vincent A. Cautero, AiCI, of Wilkison & Associates, representing The Giibros Company, requesting a rezone from "A" Rural Agricultural to "RSF-5(3)" for a single- family subdivision located on the west side of Greenway Road, approximately 1 mile north of U.S. 41 and approximately 3 1/2 miles east of Collier Boulevard (C.R. 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 26.4 acres. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent xvith the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The subject property is a 26.4-acre parcel that is proposed to be rezoned to Residential Single Family. The parcel is currently zoned Rural Agricultural (A), and is bordered by other parcels similarly zoned (except for a mobile home park to the southwest). The parcel is xvithin the Urban Designated Area, and so is eligible to request a rezone to RSF. The parcels to the east, across Greenway Road are outside of the Urban Designated Area and are xvithin the proposed Rural Fringe designation (a proposed Receiving Area). The number of dwelling units that may be permitted on the parcel, after subdivision, xvith the existing "A" zoning, is 5. If the lot is rezoned to RSF-5, 132 units could be permitted. The petitioner states that the intent of the rezone is to eventually create lots on xvhich Habitat For Humanity xvould construct homes. The RSF-5 district would allow a lot size that is typical in Habitat for Humanity developments. The petitioner states that he wishes to construct 90 homes. In that case, the RSF-5 zoning could be capped at 4 units per acre (105 units). However, because that would not be consistent xvith the Density Rating System of the Future Land Use Element of the Growth Management Plan, the RSF-5 zoning should be capped at a density of three units per acre [RSF-5(3)] resulting in a maximum of 79 houses. At the time this Executive Summary was written, the Transportation Services Division had not yet completed their review of the proposed rezone. JUN 2 5 2002 The utilities infrastructure for the future subdivision will be supplied from lines along Tamiami Trail East. The petitioner will construct lines along Greenway Road up to the parcel. This will require the homeowners along Gr?enxvay Road to tie-into the utility lines (although the houses on the east side of Greenway Road are outside ti:'¢ Urban Area, the utility franchise area extends east of Greenway Road). The Board of Cotr, ty Commissioners has the option to delay the utility tie-in for the affected neighbors. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each nexv development on public facilities. These impact fees are used to fund projects in the Capital hnprovement Element needed to maintain adopted levels of service for public facilities. Typical Parks Libraries Fire School Road EMS Impact Fees for a single-family house include: $ 578 $ 180.52 $ 0.15/SF $1778 S1379 $ 14 The minimum square-footage requirement for an RSF-5 home is 600 square feet. Therefore, the mi::imum impact fee for each house would be $4,019.52. If 79 homes are constructed, the total of the impact fees would be S317, 542.08. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential sen, ices; and, ~ecreation and open space uses. As to residential use, reviexv of the Density Rating System in the FLUE yields the site is eligible for 3 DU/A, unless the Affordable Housing density bonus is utilized, which could result in a maximum bonus of 8 DU/A, yielding a maximum eligible density of 11 DU/A. The subject site is seaward and eastward of the Traffic Congestion Boundary. (The Density Rating System provides for a density reduction if the site is seaward of the Traffic Congestion Boundary "including an extension to the east".) Base Density Traffic Congestion Area Eligible Density 4 du/a -1 du/a 3 du/a Bas :d upon the site's acreage and the allowed density of 5 DU/A in the RSF-5 zoning district, this rezone would allow a total of 132 dwelling units (26.4 acres x 5 DU/A = 132 DUs). A site plan - 2002 xvhich is conceptual, and not binding upon zoning density - shows a total of 90 lots yielding a density of 3.41 DU/A. In the application, the petitioner references the need for more affordable housing, as stated in the Housing Element, and notes the FLUE provides for a density bonus for provision of affordable housing. However, there is no mention in the rezone application of an Affordable Housing Lensity Bonus Agreement, nor was one submitted; and, there is no mention of limiting density to 2 DU/A. Based upon the above analysis, staff concludes: The proposed uses (those allowed in RSF-5 zoning district) may be deemed consistent with the Future Land Use Element; the proposed density of 5 DU/A may NOT be deemed consistent with the FLUE. The petition may only be deemed consistent it' the density is limited to 3 DU/A, OR if an AHDBA is submitted which yields a bonus density of at least 2 DU/A. The proposed use may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no outstanding enviromnental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council will be scheduled to hear this petition at the time of the submittal of the Preliminary Subdivision Plat, so that the EAC can study wetland jurisdictional lines, flowways, and habitat boundaries in relation to the proposed subdivision, and not look at a rectangle of land without lots, roadways or preserves. This petition is for a "straight" rezone without the Master Plan required of a PUD rezone. The land, zoned "A", can be issued a building permit for 1 house, or can be subdivided into 5 five-acre lots. The land, zoned RSF-5(3), can be issued a building permit for 1 house, or can be subdivided into 79 lots. The subdivision process starts with a Preliminary Subdivision Plat. The PSP shoxvs the location of lots, roadxvays, preserves, and retained native vegetation. Because of this, the EAC hearing was deferred until the Preliminary Subdivision Plat (PSP) is submitted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 10, 2002. After testimony by Staff, the petitioner, and residents of the Greenway Road neighborhood, the Planning Commission continued the hearing to the June 20, 2002 meeting, to investigate the possibility of limiting the rezone to "workforce" housing and deferral of utility connections for neighbors. That hearing is after the deadline for the preparation of this Executive Summary, therefore, the Planning Commission recommendation will be presented verbally to the Board of County Commissioners 3 JUN 2 5 2002 PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent xvith the applicable provisions of the Groxvth Management Plan and Land Development Code. Therefore, Planning Services staff recommended that the Collie: Ctmnty Planning Commission forxvard Petition RZ-2002-AR-2487 to the Board of County Commissi)ncrs with a recommendation of approval. PREPARED BY: FRED~~iS~CHL, AiCC~ PRINCIPAL PLANNER DATE REVIEWED BY: SUSA~ MURRAY, AICP ,~ DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: ..~ '/ "'// - DATE' JOSEPH' K. SCHMITT " COMM'UNITY D~VELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR / / RZ-2002-AR-2487 JUN 2 5 2002. MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 21, 2002 PETITION: RZ-2002-AR-2487, GREENWAY ROAD REZONE OWNER/AGENT: Agent: Vincent A. Cautero, AICP Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, FL 34104 O~vner: The Gilbros Company 5841 Broadway Avenue Cleveland, OH 44127-1716 Contract Purchaser: Dan King Brainard 3200 Cobb Galleria Parkway, Suite 205 Atlanta, GA 30337 REQUESTED ACTION: This petition seeks to rezone a 26.4-acre parcel from Rural Agricultural (A) to Residential Single- famdy (RSF-5). GEOGRAPHIC LOCATION: The property is lOcated on the west side of Greenway Road, approximately one mile north of its inte"section with Tamiami Trail East. JUN 2 5 2002 PURPOSE/DESCRIPTION OF PROJECT: The subject property is a 26.4-acre parcel that is proposed to be rezoned to Residential Single Family. The parcel is currently zoned Rural Agricultural (A), and is bordered by otl:~er parcels similarly zoned (except for a mobile home park to the southwest). The parcel is within the Urban Designated area, and so is eligible to request a rezone to RSF. The parcels to the east, across Greenway Road are outside of the Urban Designated area and are within the proposed Rural Fringe designation (a proposed Receiving Area). The number of dwelling units that may be permitted on the parcel, after subdivision, with the existing "A" zoning, is 5. If the lot is rezoned to RSF-5, 132 units could be permitted. The petitioner states that the intent of the rezone is to eventually create lots on which Habitat For Humanity would construct homes. The RSF-5 district would allow a lot size that is typical in Habitat for Humanity developments. The petitioner states that he wishes to construct 90 homes. In that case, the RSF-5 zoning could be capped at 4 units per acre (105 units). However, because that would not be consistent with the Density Rating System of the Future Land Use Element of the Growth Management Plan, the RSF-5 zoning should be capped at a density of three units per acre [RSF-5(3)] resulting in a maximum of 79 houses. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped; zoned A Surrounding: North: East: South: West: Southwest: Undeveloped; zoned A (north of which is the undeveloped Naples Reserve Golf Club PUD) Greenway Road ROW (across which is land zoned A in active agricultural use; and a single-family house) Single-family houses; zoned A Undeveloped; zoned A West Wind Mobile Home Park; zoned MH GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential services; and, recreation and open space uses. As to residential use, review of the Density Rating System in the FLUE yields the site is eligible for 3 DU/A, unless the Affordable Housing density bonus is utilized, which could result in a maximum bonus of 8 DU/A, yielding a maximum eligible density of 11 DU/A. The subject site is seaward and eastward of the Traffic Congestion Boundary (TI--2.~'-' .... i'-~__ 2 JOlq 2 5 2002 ' pg. Rating System provides for a density reduction if the site is seaward of the Traffic Congestion Boundary "including an extension to the east".) Base Density Traffic Congestion Area 4 du/a ol du/a Eligible Density 3 du/a Based upon the site's acreage and the allowed density of 5 DU/A in the RSF-5 zoning district, this rezone would allow a total of 132 dwelling units (26.4 acres x 5 DU/A = 132 DUs). A site plan - which is conceptual, and not binding upon zoning density - shows a total of 90 lots yielding a density of 3.41 DU/A. In the application, the petitioner references the need for more affordable housing, as stated in the Housing Element, and notes the FLUE provides for a density bonus for provision of affordable housing. However, there is no mention in the rezone application of an Affordable Housing Density Bonus Agreement, nor was one submitted; and, there is no mention of limiting density to 3 DU/A. Based upon the above analysis, staff concludes: The proposed uses (those allowed in RSF-5 zoning district) may be deemed consistent xvith the Future Land Use Element; the proposed density of 5 DU/A may NOT be deemed consistent with the FLUE. The petition may only be deemed consistent if the density is limited to 3 DU/A, OR if an AHDBA is submitted which yields a bonus density of at least 2 DU/A. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicat..-s 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 historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviexved by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: At the time this Staff Report xvas written, the Transportation Services Division had not yet completed their review of the proposed rezone. TEe utilities infrastructure for the future subdivision will be supplied from lines along Tamiami Trail East. The petitioner will construct lines along Greenway Road up to the parcel. This will require the homeoxvners along Greenway Road to tie-into the utility lines (although the houses on the east side of Greemvay Road are outside the Urban Area, the utility franchise area extends east of Greemvay Road). The Board of County Commissioners has the option to delay ti~e utility tie-in for the affected neighbors. ~._~ n~ 3 .)IJN 2 5 2002 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council will be :ched')l,~d to hear this petition at the time of the submittal of the Preliminary Subdivision Plat, so that the EAC can study wetland jurisdictional lines, floxvxvays, and habitat boundaries in relation to the proposed subdivision, and not look at a rectangle of land xvithout lots, roadways or preserves. This petition is for a "straight" rezone without the Master Plan required of a PUD rezone. The land, zoned "A", can be issued a building permit for 1 house, or can be subdivided into 5 five-acre lots. The land, zoned RSF-5(3), can be issued a building permit for 1 house, or can be subdivided into 79 lots. The subdivision process starts with a Preliminary Subdivision Plat. The PSP shows the location of lots, roadways, preserves, and retained native vegetation. Because of this, the EAC heating was deferred until the Preliminary Subdivision Plat (PSP) is submitted. That way, The petitioner is aware that the PSP review could result in a subdivision that has different preserve areas from their preliminary ideas. This could result in a number of lots less than 79. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone to RSF-5(3) is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, with the understanding that stipulations from the Transportation Services Division xvill be added prior to the Planning Commission hearing, Planning Services staff recommends that the Collier County Planning Commission for~vard Petition RZ-2001-AR-2487 to the Board of County Commissioners xvith a recommendation of approval. 4 JUN 2 5 2002 · ' pgo q PREPARED BY: FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP DATE CURRENT PLANrNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DiViSiON ADMENiSTR=',i OR Petition RZ-2001-AR-2487 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/current/reischl/rezones/cays/slaffreporffRZ-2001 -AR-2487 AG~IDA JUN 2 5 2002 REZONE FINDINGS PETITION RZ-2001-AR-2487 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation - to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Con: Evaluation not applicable. SummaD~ Findings: The proposed development, capped at a density of 3 dwelling units per acre, is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: There is RSF-3 and MH zoning in the area. Con: The immediately adjacent parcels are zoned "A", however, the site is located in the Urban Mixed Use District on the FLUM. Summary Findines: The proposed land use is consistent with the future land use pattern in the area. This property and the other properties west of Greenway Road are within the Urban Area and are eligible to rezone to a higher density district. The petitioner is the first property owner in the area requesting a rezone. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed land use is consistent with the future land use pattern in the area. Con: The proposed rezone is from A to RSF-5(3) and will technically create an isolated district. 2002 m o Summar3' Findines: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because the single-family usage is permitted by the Growth Management Plan in this location. The petitioner is the first property owner in the area requesting a rezone. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn. The proposed rezone results from the Urban designation in the Future Land Use Element of the Growth Management Plan. Con: The subject property and surrounding parcels are zoned A. Summary Findines: The district boundaries are logically drawn, however; the proposed rezone results from the Urban designation in the Future Land Use Element of the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as a single- family subdivision, as allowed by the Growth Management Plan. No other conditions have changed. Con: Evaluation not applicable. Summary Findings: Changing conditions have not resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. However, the change is permitted by the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The parcel is within the Urban Designated Area. Neighboring parcels are also eligible to request a rezone to a higher density zoning district. Con: The proposed rezoning will increase traffic on Greenway Road. In addition, the installation of utility lines along Greenway Road will require the neighboring parcels to tie-in to the utility lines. 2 JUN 2 5 2002 Summary Findings: The proposed rezone will have an impact on the neighborhood. The traffic impacts should be mitigated by improvements to Greenway Road. The utility tie-ins will have a financial impact on the neighborhood. That financial impact is in the future for this neighborhood whether it is caused by this rezone or another property requesting a rezone. Whether the.proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The proposed rezoning will allow creation of single-family lots. Single-family homes will generate construction traffic and traffic by the homeowners. Improvements to Greenway Road should mitigate major traffic impacts. Con: The proposed rezoning will allow creation of single-family lots. Single-family homes will generate construction traffic and traffic by the homeowners. Summary Findines: Single-family homes create traffic. However, since the parcel is within the Urban Area, rezoning to a higher density should be anticipated. Improvements to Greemvay Road should mitigate major traffic impacts. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findinl~s: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: A 15-foot buffer will be required around the property when it is subdivided. The maximum building height in the RSF-5 district is 35 feet. The maximum building height in the A district is 35 feet. Con: Evaluation not applicable. JUN 2 § 2002 10. 11. 12. 13. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. A 15-foot buffer will be required around the property when it is subdivided. The maximum building height in the RSF-5 district is 35 feet. The maximum building height in the A district is 35 feet. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will eventually permit construction of single-family houses instead of one house and/or agricultural activities. Con: Evaluation not applicable. Summary Findinl~s: An appraisal of estimated future property values resulting from a rezone from A to RSF-5 was not required to be submitted. However, single-family homes adjacent to agricultural land do not normally negatively affect property values. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: Development of adjacent properties in accordance xvith existing regulations will not be affected. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed rezone complies with the Growth Management Plan. Because of this consistency, the proposed change does not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findines: The property could support a single-family home and/or an agricultural operation. JUN 2 5 2002 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: The property is currently zoned A and the rezone is consistent with the Growth Management Plan; therefore it is not out of scale with the neighborhood or the County. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findinl~s: There are many other agricultural parcels in the County. The petitioner wishes to build single-family homes on this parcel. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findines: The subject property is a parcel previously used for agricultural activities. While site conditions (wetlands, habitat) may restrict the location and number of single-family house, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Vindinqs: Ihe rezoning of this property will eventually result in the creation of a subdivision. The subdivision will be reviewed for compliance with the Levels of Service required for public facilities in the area. JUN 2 5 2002 l[,_~ 11I~ WiLK!SC)N &. · ASSOCIATES Ms. Glenda S~dth Planning Services RZ-2002-AR-2487 PROJECT #2001110049 DATE: 5/6/02 FRED REISCHL Community Development & Environmental Services DMsion 2800 1'4. Horseshoe Drive Naples, Florida 34104 Greenway Road Subdivision RZ-2002-AR-2487 Dear Ms. Smith: As requested in your letter dated May 2, 2002, enclosed are 15 copies of the following items: · Copy of Transmittal to Jane Eichhom RE: Maxell Audio Cassette Tape of Public Informational Meeting held April 11, 2002. · Public Informational Meeting Minutes prepared by Vincent A. Cautero, AICP. Vice President of Planning on April 11. 2002. · Affidavit of Publication provided by Naples Daily News. · Cop3' of Public Notice as published in the Naples Daily News on March 31. 2002. We trust this information will be sufficient for you to complete your processing of our application. If you should have any questions or require additional information, please do not hesitate to contact us. Sincerely, WILKISON & ASSOCIATES, INC. Project Administrator Enclosures cc/enc.: Dr. Sam Durso, President, Habitat for Humam~ of Co ier Count' Inc.,, 11550 E. Tamiami Trail, Naple cc~/enc.: . Douglas A. Lewis, Roetzel & Andress LPA. 850 Park Shore Drive, 3rd Floor. Naples. Florida 34103 cc/enc.: Clay V. Canthers, Dn-ector, EnvirOnmental Analyst. TerraSphere EnviroTech, 3795 23rd Avenue SW, N cc,,enc: Re~xl K..larvi, P.E., V~ce President, Vanasse Day or LLP, 12730 New Brittam' Blvd Suite 600, Fort M~ JUN 2 5 2002 Florida 34113 GS9167 Rezu. n¢ Ap'z, hcat:on Ad.:tmonai ir.5: 35'UC E,,',Cm,,:[J%E ,A,/E,. NAPLES, FL 3,4~;.: c, 4! -6A3-2404 041-~A3-675~' WI.I A¢I.S()N & ASS()(21A TES. I'N( ENGINEERS. SURVEYORS & I'LANNID.~S Please Reslmnd I o: ~ D 3506 Exchange Avenue, Naples. Florida 34t ~4 P.O. Box 2710, 33975, (239) 643-2404 / 643-6752 I'elephones 88 S. Ma~ S~eet, Labelle. Florida 33935 (239) 643-5173 Fax (863t 67%1802 Telephone (8633 675-1852 Fa3. ' LETTER OF TRANSMITTAL TO: Ms. Jane E. Eichhom Community Planning Coordinator, Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, Florida 34104 DATE: April 21, 2002 PROJECT NO.: 0167 - 6 PROJECT NAME: Greenway Road We are sending you: VIA [~U. S. Mail [--]Hand Delivery [-']Pick-Up [--]Fed Ex [-]UPS [-]Courier The attached items listed below: ['-]Permit ['-qSurvey []]]Plans [-'] Change Order I--]Specifications [-]Aerial [--]Propo sal/Agreemem [-]Check [-]Calculations [5;~]Other Cassette Tape QTY. DATE NO. DESCRIPTION 1 4/11/02 Maxell Audio Cassette Tape - Public Informational Meeting Recordin~ These are transmitted as checked below: [5~ As Requested [--] For Approval [--]For Signature ['-] Approved as Submitted [--] Other [~] For Review- & Comment ['-] Approved as Noted [--'] For Your Use I-]Returned for Corrections · San~t'ra G~ajar~, Pryffjec,t Admin-r~rator Mr. & Mrs. Robert'& Kathleen Bean, 10540 Greenway Road, Naples, Florida 34114-31 )7 _( ~- q~ JtR4 2 5 2OO2 (,Riii'~NV, A5 ROAD ?_.ONE I'I'BLIC INFOILMATIONAL MEETING 5lin APRIL 1I, 2002 On April 11,2002, at 5:30 p.m. a Public Inlbrmational Meeting took place at: Habitat for Humanit`x' of Collier CounV,,', Inc. 11550 E. Tamiami Trail Naples. Florida 34113 The meeting was conducted to discuss the proposed zone change for the Greenway Road Subdivision. The attendees were as follows (Ms. Jane Eichhom has the sign-up shee~t' · Fred Reischl, AICP, Principal Planner, Collier Count.',' Government · Jane E. Eichhorn, Community Planning Coordinator, Collier Count>* Government · Vincent A. Cautero. AICP, Vice President of Planning, Wilkison & Associates, Inc. · Jared R. Brown. E.I.. Wilkison & Associates, Inc. · Clay V. Carithers, Director. Environmental Analyst, TerraSphere EnviroTech · Dr.'& Mrs. Sam Durso, President, Habitat for Humanity of Collier County. Inc. · Joe Boff. Habitat for Humanity of Collier County, Inc. · Douglas A. Lewis, Roetzel & Andress LPA, (attorney for the Gilbros Company) Approximately 10 citizens. Mr. Cautero opened the meeting by describing the proposed project. Mr. Reischl and Ms. Eichhorn explained the County's role; the purpose attendees' ability to comment and receive information. for having the meeting: and the The citizens in attendance posed many questions to the agents lbr the property o~'ner and the County. The presentation centered on topics of: Land Use · Compatibility · Utilities · Road Improvements · Surface Water Management · Drainage · Environmental Protection · Number of Dwelling Units · School Bus Traffic · Buffering Public informational \%lki~on & Associates Page utilities: discharge along Oreenwax The authorized agents Ibr the property owner stated that additional information could be forthcoming once .the application was complete and County staff reviewed it. An additional meeting will be conducted approximately one week prior to the Plam~ing Commission hearing. Ms. Eichhom will be contacted ~br assistance prior to the meeting. Public informational Meeting Minm¢> Wilkison & Associates. Inc JLl l 2 5 2002 ;-:apks, FL Affidavit of Publication State of Florida Counb, of Coltier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serx, e as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper pubhshed at Naples, m Colher County, Florida; distributed m Colher and Lee counties of Flor/da; that the attached copy of the advertising, being a pLrBLIC NOTICE m the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) m the issue on March 31, 2002 A~fiant further says fha the said Naples Daily News is a newspaper published at Naples, in said Collier CounD', Florida and that the said newspaper has heretofore been continuously published m said Collier County, Florida; dis~buted m Collier and Lee counties of Florida, ea:h 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 publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporahon an), discount,rebate, comrrdssion or refund for the purpose of securing this advertisement for publication in the said newspaper. ( S'ig-namre of affiant) Sworn to and subscribed before me Th~s A~t day of April, 2002 (Signature of notary public) /~ Donna Ch~'~/ ~,/ Mi, Coronation DD0~3~8 JUN 2 5 201212 PUI/LIC N~)TICI'~ FI_-IILIC NOTICL PI [~,Lil. i~Yi ~ PUBLIC INI=ORNiATIONAL MEETINO TO CONSIDER REZONING THE FOLLOWING DESCRIBED PROPERTY Approximately 26.4 acres of property on the west side of Greenway Road, 1 mile north of. U.S. 41. The property has approximately 866 feet of frontage along Greenway Road (the east side) and 1,330 feet on the north and south sides, and 864 feet on the west side. FOR THE PURPOSE OF Developing a single-family workforce housing subdivision. Residential and recreational facilities will be the only uses permitted'in the sUbdivision. We intend to ask the County to approve a rezoning of the above described property from A (Rural Agriculture) to RSF-5 (Residential Single: Family) that would allow us to develop the property as a residential subdivision. THIS MEETING WILL BE HELD ON Thursday, April 11, 2002, AT THE offices of Habitat for Humanity of Collier County, inc., 11550 E. Tamiami Trail, Naples, Florida 34104, AT 5:30 p.m. If you need any additional informatiOn please call Jane E. Eichhorn, Community Planning Coordinator at 213-2948. JUN 2 5 2002 GREENWAY ROAD S12/TS1SfR26E, COLLIER, FLORIDA APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE PREPARED FOR: Mr. Dr. Sam Durso, M.D., President Habitat for Humanity of Collier County 11550 E. Tamiami Trail Naples, Florida 34113 WA# PREPARED BY: Vincent A. Cautero, AICP Vice President of Planning WILKISON & ASSOCIATES, INC. ENGINEERS, SURVEYORS & PLANNERS EB~5770 3506 Exchange Ave. Naples, Florida 34104 (239) 643-2404 · 643-6752 Telephone (239) 643-5173 Fox [] P.O. Box 2710, 33975 88 S. Main Street, Labelle, Florida 33935 (863) 675-1802 Telephone (863) 675-1852 Fax 0167 J UN 2 5 2002 I · R WILKISON & ,= ENGINEERS, SURVEYORS AND PLANNERS April 30, 2002 WA#0167 I I i I Ms. Glenda Smith Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Greenway Road - S12/T51S/R26E, Collier County Application for Standard Rezone Dear Ms. Smith: I I I Wilkison & Associates, Inc. is submitting the enclosed rezone application (15 copies) on behalf of the Gilbros Company. We are requesting to change the zoning of a 26.4 acre parcel located on the west side of Crreenway Road 5om A (Rural Agriculture) to RSF-5 (Residential Single-family). The property is located within the urban growth boundary of Collier County. The proposed use is a workforce (affordable) single family residential subdivision. A pre-application meeting was conducted on November 27, 2001 and the public information meeting was conducted on April 11, 2002. I I I I I I 1 I I In accordance with the provisions of County Ordinance 89-39, we are requesting this application be fast-tracked. We are working closely with Habitat for Humanity of Collier County, Inc. in preparation of this petition. It is anticipated that they will develop the property. Under separate cover, Dr. Sam Durso, President of Habitat, has consulted with the County Manager and the Community Development Administrator about placing this petition on the June 2002 agendas for the Environmental Advisory Council, Planning Commission, and the Board of County Commissioners. For this to happen, my understanding is that the advertisement must be placed within the next two weeks. You should be hearing .soon from Fred Reischi regarding this request. Enclosed for your review and approval are the following items: AppliCation for Public Hearing for: Standard Rezone and a check made payable to the Collier County Board of County Commissioners in the amount of $2,475.00 for the application fee; which includes the deduction for the pre-application fee which was paid in November 2001. 2. Copy of Deed and Sales Contract 3. Completed Owner/Agent Affidavit, Notarized. 4. Pre-Application Notes/Minutes. 3506 EXCHANGE AVE., NAPLES, FL 34104 941-643-2404 DAVID S. WILKISON, P.E, DAVID J, HYATT, P.S.M. ,JUN 2 5 ?01];~ / VINCENT A, CAUTERO, AICP Recyc,ed Pa,c,e~- ~ I I I I I I I I I I I I I I I I I I I 5. Conceptual Site Plan. 6. Environmental Impact Statement (ELS). 7. Aerial Photograph. 8. Completed Utility Provisions Statement (with required attachments and sketches). 9. Traffic Impact Statement (TIS). 10. Application for Waiver of Historic and Archaeological Survey and Assessment. We trust this information will be sufficient for you to complete your review of this project. If you have any questions or require additional informatio~ please do not hesitate to contact us. Sincerely, Vincent A. Cautero, AICP Vice President of Planning VAC/sg Enclosures cc/mc.: cc/enc.: cc/mc.: crdenc.: Dr. Sam Durso, President, Habitat for Humamty of Collier County Inc.,, 11550 E. Tamiami Trail, Naples, Florida 34113 Douglas A. Lewis, Roetzel & Anctress LPA, 850 Park Shore Drive, 3rd Floor, Naples, Florida 34103 Clay V. canthers, Director, Environmental Analyst, TerraSphere EnviroTech, 3795 23rd Avenue SW, Naples, FL 34117 Reed IC Jarvi, P.E., Vice President, Vanasse Daylor LLP, 12730 New Brittany Blvd., Suite 600, Fort Myers, FL 33907 2002 I I I APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE I I I I I I I I I I I Petition No.: Commission District: RZ-2002-AR-2487 Date Petition Received: _ PROJECT/12001110049 DATE: 5/6/02 Planner Assigned:. FRED REISCHL ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Applicant's Mailing Address: City: Cleveland The Gilbros Company 5841 Broadway Avenue State: Ohio Zip: 44127-1716 Applicant's Telephone #: (440) 842-8729 Name of Agent: Vincent A. Cautero, AICP Agent's Mailing Address: City: Naples Applicant's Telephone #: Agent's E-Mail Address: Fax: Firm: Wilkison & Associates, Inc. 3506 Exchange Avenue State: Florida (239) 643-6752 vincec~wilkison.net Fax: Zip: 34104 (239) 643-5173 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-N~S, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 'A JUN 2 5 2002 0167 Standard Rezone Application Page 1 of 14 Willoson & Associates, Inc. April 29, 2002 I I I I I I I I I I I I I I I I I I I Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address: Not Applicable City: State: Zip: Name of Homeowner Association: Not Applicable Mailing Address: City: State: Zip: Not Applicable Name of Master Association: Mailing Address: City: State: Zip: Not Applicable Name of Civic Association: Mailing Address: City: State: Zip: 2. Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address 1). F & S Investment Co., 5841 Broadway Avenue., Cleveland, OH 44127 (Sole Owner of F & S Investment Company is Carl Gillombardo Sr., 3716 Belmont Road, Beachwood, OH 44122) 2). LCC Holdings, Ltd., an Ohio Limi~d Parmership a). John Gillombardo, 1150 Tollis Parkway., Unit 118, Broadview Hei~hts, OH 44147 b). Charles A. Gillombardo, 7681 Green Valley Drive, Parm~ OH 44 134 c). Charles J. Gillombardo, 3549 Jasmine, Seven Hills, OH 44131 d). Louis Gillombardo, 2480 Brian Drive, Parma, OH 44134 0167 Standard R~zon¢ Applicalion Wilkison & Associates, Inc. Percentage of Ownership 50% 50% 25% of the 50% 25% of the 50% 25% of the 50% 25% of the 50% IIIki 0 [ OOfl9 April 29,._200,2 I p~ I I I I I I i I I I I I Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Dan Kinl~ Brainard 100% 3200 Cobb Galleria Parkway, Suite 205, Atlanta, GA 30337 Date of Contract October 21, 2001 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or mast. Name and Address 0167 Standard Rezone Application Wilkison & Associates, Inc. ITEM .IUN ? 5 2002 Page 3 of 14 ,~, 29, 2007 q I I I I I I I I 1 I I I I I I I I i Date subject property, acquired [--] leased [--] Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date September 29, 2002. ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the ' responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within thc last six months, maximum 1" to 400' scale) if required to do so at thc pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, aa engineer's certification or sealed survey may be required. Legal Description of Subject Property: Section: 12 Township: 51 South Range: 26 East Lot(s): Not Applicable Block: Not Applicable Subdivision: Not Applicable Plat Book: Not Applicable Page No.: Not Applicable Property ID #: 00737400009 Metes & Bounds Description: The S ½ of the NE ¼ of the NE ¼ of S12/T51S/R26E, Collier CounW, Florida (Less the Easterly 30.0 feet thereof) and the S ½ of the S ½ of the N V2 of the NE ¼ of the NE ¼ of S 12/T51S/R26E, Collier County Florida (Less the Easterly 30.00 feet thereof) (Containing 1,150,263.68 square feet or 26.406 acres more or less). 4. Size oforooerm 865.69 ft. X 1330.76 ft. = Total Sq. Ft. 1,152,026 or 26.4 Acres Address/general location of subject orooertv: The property is located on the west side of Greenway Road, approximately 1 mile north of U.S. 41 _a_nd approximately 3 ½ miles east of Collier Boulevard (C.R. 951). 6. Adjacent zoning and land use: ZONING N A and PUD S A and MH E A W A and RSF-3 0167 Smdard Rezone Application Wilkison & Associates, Inc. LAND USE Urban Residential Fringe Subdistrict Urban Residential Fringe Subdistrict and Urban Coastal Frinl~e Subdistrict Agriculture Urban and Urban Coastal Fringe Subdistrii oi 6 2002 April 29, 2002_ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Not applicable Section: 12 Township: 51 South Range: 26 East Lot(s): Not Applicable Block: Not Applicable Subdivision: Not ApPlicable I I I l I Plat Book: Not Applicable Page No.: Not Applicable Property ID #: 00737400009 Metes & Bounds Description: The S ½ of the NE ¼ of the NE ¼ of S12/T51S/R26E, Collier County, Florida (Less the Easterly 30.0 feet thereof) and the S ½ of the S ½ of the N ~ of the NE ¼ of the NE ¼ of S12/T51S/R26E, Collier County Florida (Less the Easterly 30.00 feet thereof) (Containing 1,150,263.68 square feet or 26.406 acres more or less). 7. Rezone Request: This application is requesting a rezone from the A zoning district (s) to the Single-family residential subdivision zoning district(s). Present Use of the Property: Vacant. Proposed Use (or range of uses) of the property: Single-family residential subdivision. I Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. I Standard Rezone Considerations (LDC Section 2. 7. 2.5.) , I 1. Whether the proposed change will be consisteqtt with the goals, objectives, and policies and future land use map and the elements of the growth management plan. I The proposed change is consistent with the goals, objectives, and policies of the Growth Management Plan. I I Specifically, this proposal is consistent with Goal 1 of the Housing Element in that it helps create an adequate supply of decent, safe, sanitary, and affordable housing. Objective 1 in this Element contains criteria that the number of new affordable units shall increase by 500 units each year to meet the housing needs of low income families. This proposal assists the County in meeting this Objective. housing through provisions which allow for increased residential density if' 0167 Standard Rezone ApplieaUon Wilkison & Associates, Inc. The Future Land Use Element contains criteria that encourage the creation of affordable Page 5 of 14 2002 I I dwelling units would be affordable based upon the standards found in Housing Element. The creation of new homes meets the standards in Housing Element. 2. The existing land use pattern. I I I I The existing land use pattern consists of a mix of residential, agricultural, and service uses. The proposed project is consistent with this land use pattern in that it compliments ' the development in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This proposed zone change will not create an isolated district that is unrelated to adjacent and nearby districts in that surrounding zoning to the west is A and RSF-3. Additionally, the project site is adjacent to a mobile home park and a large approved PUD is located just north of the site. 1 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. I I I I I I The existing district boundaries are not illogically drawn; rather they represent a former development pattern. That pattern is changing based upon the needs of residents in the area that support various uses in this part of Collier County. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Changing conditions have had a sign/ficant impact and make this zone change necessary. The County has been committed to developing affordable housing by assisting prospective homeowners and agencies that build and/or fund affordable housing. 6. Whether the proposed change will adversely influence living conditions in the neighborhood The proposed change will not adversely influence living conditions in the neighborhood, since the intended use (residential) is consistent with existing uses and uses allowed in the Future Land Use and Zoning Districts. I 1 7. Whether the proposed change will create or excessively increase traffic congest¥on or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. I I I I 0167 Standard Rezone Application Wilkison & Associates, Inc. The proposed project will not create or excessively increase traffic congestion in the area. Please refer to the Traffic Impact Study prepared by Vanasse Daylor LLP. The study contains a conclusion that the Level of Service (LOS) will be acceptable on all County roadways with the Radius of Development Impact (RDI) and the project will not have a significant impact on any arterial roadway within its RDI. Page 6 of 14 Ap'~'~°2 5 2002 I 8. Whether the proposed change will create a drainage problem. I I I I 10. The proposed change w/Il not create a drainage problem. A drainage plan will be submitted with the plat documents meeting all requirements of the LDC and South Florida Water Management District Rules. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change will not seriously affect property values in the adjacent area. It is hoped that this new residential development will increase property values in the surrounding area. I I 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. I This proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. I k I I I I I I I I 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. This proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The change is needed to allow for the density sought to construct the affordable homes. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. To construct affordable homes at a density of between three and four units per acre the zoning district must be changed. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change suggested is not out of scale with the needs of the neighborhood since residential development exists immediately west and southwest of the project site. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 0167 Standard Rezone Application Wilkison & Associates, Inc. Cost and location are major factors. Land designated for agricultural use rather than land already zoned for residential Uses tends to cost less, which allows organizations to concentrate on building more houses. Also, this property is located withi, tho boundary which allows the property owners(s) and buyer more certainty re ;ardin~og,.ih.~A<~~i-~ ~Xtkt. Page 7 of 14 5 2002 I I I I I I I I I I requirements for development. While it is not "impossible" to find other sites in districts already allowing such uses, it is not practical. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Refer to the Environmental Impact Statement (EIS) prepared by TerraSphere EnviroTech. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. The development will be consistent with the various LOS' adopted by Collier County and consistent with the adequate public facilities ordinance. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. This proposed project is vital to the County's contimfing effort to create and support new, affordable housing units in Collier County. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. I I I 10. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. I I I I I a. A copy of the pre-application meeting notes; bo · all existing and proposed structures and the dimensions thereof, If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8lA'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC];~no~ 0167 Standard Rezonc Application Wilkison & Associates, Inc. JUN 2 5 2002 _ P 8of14 Ap I I I I I I I I I I I I I I I 1 I Co eo · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffeting as may be required by the County, An architectural rendering of any proposed structures. An Enviromental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. JUN 2 5 2002 0167 Standard Rezone Application Page 9 of ! 4 I Wilkison & Associates, Inc. April 29, 2002 I I I I I I I I I I I I I I I I I I TRAFFIC IMPACT STATEMENT fi'IS): See enclosed report prepared by Vanasse Da¥1or~ LLP A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character ora petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shah include the following: Trip Generation: Annual Average Daily Traffic (at build-out)Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence CR.DI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingress/egress point, or providing mm or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 3. 4. 5. 6. Background Traffic Futu~ Traffic Through Traffic planned/Proposed Roadway Improvement Proposed Schedule (Phasing) of Development JUN 2 5 2002 Page 10 of 14 0167 Standard Rezone Application April 29, 2002 I Wilkison & Associates, Inc. I TRAFFIC IMPACT STATEMENT {TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: I I I I I I I 2. 3. 4. 5. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic- engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation' by the petitioner Or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annu_al average and peak seasonal traffic should be depicted. Existine Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS);. The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RI)l): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". I Land Use Residential Distance 5 Miles or as required by DRI I I I I I 1 I Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 - & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 0167 Standard Rezone Application Wilkison & Associates, Inc. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). nc,,~A ~ JUN 2 5 2002 - ~Page 11 of 14 I I I I I I I I I I I I I I I I I I I 10. 11. Background Traffic: The effects of previously approved but undeveloped or partially developed projects, which may affect major thoroughfares w/thin the RDI of the proposed project, shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from' potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier' County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands w/th potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup-dam to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway Improvements located w/thin the RDI should be identified. A description of the funding commitments shall also be included. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 JUN 2 5 2002 Page 12 of 14 0167 Standard Rezone Application April 29, 2002 Wilkison & Associates, Inc. I IIMAGE01 : FL-01-20262-2 11/26/2001 02:42:54~n Page I of 2 tlKllt m 21382'/9 ~: 22'/2 K: 0221 I I I I ~Nord~ qum, r (NB.I~) ~NQftbem ~ ti, lB-I/4) K I I ~ ~--~.. 2002 IMAG]~01 : FL-01-20262-2 11/26/2001 02:42:54~m Page 2 of 2 I I I I 2 JUN25200~ 1 ~._~ % _ ol g-c- This saJes'contract provided a~ ~ courtesy to you by Attomeys' Title Insurance Fund, inc., providing abstracts and l~de Information to the Collier reaJ estate community for over 44 years. Please call (941) 774-2627 for all your title Incormation needs. SE~ The Gilbros Co. .- BUYE~ I A~D~ESS: 5841 Broadway.Avenue A~DRESS: Cleveland, Ohio 44127-1716 ITELEPHONE: 440-842-8729 TELEPHON~ Dan .King Brainard 3200 Cobb Calleria Pk~ry, Suite 205 Atlanta, GA 30339 iUPON ACCEPTANCE OF THE OFFER (OR COUNTEROFFER), SELLER has agreed to sell and BUYER has agreed to buy, UPON THE TERMS AND CONDITIONS WHICH FOLLOW, the mai Fopedy k~3aih/dasaibed as (~ 'Proper¥): 12 5i 26 Sl/2 of 1¢E1/4 of NE1/4, Sl/2 of Sl/2 of N1/2 of l~E.1/4 of NE1/4 iless E 30FT 26.40 AC '~eaddmssd~e.P~yis Folio number - 00737400009 1. PURCHASE PRICE: The pumhase lxice (U.S.) shall be payable as foliows. 26.4 acres I~ $. I (a)' Initial defx~t in asctow a~ ~is lime of $ (b) Actfrdmal deposit to be received in e~,ow on or befom 50 daysafter F-.ffeclh, e Date, as delined betow, in the amount of ' $ I (c) Proceeds d mm~age, if ~y [See ~ 4(b)l $ ...... (ol Purchase ~kxmy No{e and Mortgage to SELLER, if any lSee Paragraph 4(c)] $ (e) Oltmc $ ~ run~s a dosing, ,~biect to ~usmmts and ~, o~ app~mateiy $ ~/a n/a PEPJOD OF OFFER AND EFFECTIVE DATE This offe~ or any counteroffer is revoked if no( accepted and noitce of acceplance delivered to olferor or counle~femr 5:00 ~A)~I/PMo~ Oct. 21, 2001 (~nsertDate).Th~s~imelim~shaliapp~ytoa~e~andc~un~r~e~un~ess~herwis~s~ated.The EffedJve Dale d Ibis Cmlraa ~ ~ Ihe last date either Ihe BUYER or SELLER signs or iniUels this Conlract. INITIALED CHANGES MUST BE DATED, OR THE LATEST m. ,,~,.~,,,,=~,,,.~,-~urvoonoo,~.~:.~,~s srmoccuraatJmeol eno aceseJected BUYERin~leco~n In ' rear~nabieno~JcetolheSELLER, m Sept. %, 2002 (my p~ by ~Y whlchlhe~islocated, butupon {lnsert Date}, or F,~,;,- to lt~ date wllh the written consent of bolh parlias (lhe 'Closing Date'); -4. ME~ OF pAYMENT4~ {a) O BUYER ~11 pay ~, wfl~ no mo~l~ commilment ~a,.,,~ {b) i-I ~GE ~~ ~1~ s are oo~ltngent upen BUYER oblalning m mortgage canmitme~ Cthe Ua'lgage Commitment) on ~e Rope~ . . --s/_a_%,o~erudme~(ain~ea'temaem)a.a(i) Oroced~w~eta-~r-~mxto _ax,:,~____..n/a %perrear rmmnce=edlem~dnoHe~em n/a yearawil~abatkxmmXmorerlhana/a yeats. IF (1) OR (2) IS NOT SELECTED, (1) SHALL ApPLY. BUYER shal, atBLIYER'l~~~f~l~ndng'wtb~ n/a day~alterlheEffectlveDate(flve(5)dayslHeflNar~)endagoodfaitheffo~ttooblalnthe a~~ibnenl ~ to ~ ~ ~ ~ ~ d ~ ~ ~ ~ ~al ~ ~ ~ rq In wrtltng pmmpe/upm ~ d ~e MorlgageIf BUYER fa~ m-';--- __ ?',;. . m~ ta3,m~a~', an° llqe °el:x:~a[s] ~llall be reflJmed W BUYER. SFI ! FR'I gght to Mnllinate lh~ll Corll/ac( Nlal.__n~__ to exis~ lit SR i pR ~ - , m., m a,mua mmms~ ram o~ .,, · %, ~x~l ~:w~ '- yearn me IndaXedm~ evtdax:ed by .~ ae (x:~alned in Stmndard A, Fa(al, 40)1 ora(c) ABOVE ~S NOT 8m _t-CTED, 4(m) SHALL APPLY. ...l~m ~, y,a~, c~ o tm..~ ~" &,.~ o~ ~.tOR~.~ A.~,. ~ R#~ E.t,~,m~,.~n.~, ApI~ b,y t'm Mmmo I~ Ama A~ d REALTORS~, Inc. and ~e C~ County Bar A~ ~moo ~mm) PAGE m " I " 'Gillom~a~do FRX NCL :c~17~ Oct. ~3 ~i~1 ~:~ P4 ~' ' ' - os 216 ~ 7806 I ~. .* __ ~L. t~ ~ i~'~1 ~ '=~ ~ vm~ ~ ~s%t .;~C~..~. ~~l~~~mM~m ............... ( I_ t. . ,, - ~, ~--- - - ~~. , I <'~'~~ - ~' ' - "- --~'- .... '-- ~/~ 6~'~ ~:;b ~, g~'Ob I m I I- AGENOA ITE. M JUN 2 5 2002 REAL ESTATE TRANSACTION STANDARDS I y~ o~ ~ S~AND~D C · INSTRUCTIONS FOR ~; ASSIGNME~. At least fi~ (15) days ~ ~ ~e ~ng Date. 8~ SE~ ~ ~ ~g. ST~D~ O - COND~ON OF PEOP~ DlSCLOSU~; W~; INSPECTION ~D ~NRS ~D REP~CEM~S; RBK OF LOSS. (a) DISCLOSU~: ~ ~ no ~ ~ ~di~s ~ to SE~R mat~aly aff~ ~e vaue ~ ~e P~ ~i~ ~ ~y ~e~ I s~eys ~ ~sess~m ~at B~ d~ ~d ap~ate to det~ne ~ sui~ (c) ST~D~ E- SELLER'S INSTRUME~S ~O ~ENSES. SE~ sh~ ~y f~ ~ ~, wh~ a~e, ~ ~y s~e s~,~ due ~er~: (a) ~e ~t / I I :. Wltlti Copy- ,Brokir;, Yellow Copy. Sell~rflluy,r 01~ Naples Nra Bean:l of RF. ALTORS~ and Association of Rial Eitala Profl STAIiDARD LI- R.IN~ ESCROW. The unc~igfl~ e~-ow agent (U~e 'e~.owee') Mil ~ i~ escrow ~ dec.sit(s) ~ ~ ~ d~S) ~ ~ ~1 ~ e~ (a)~ ~ ~ ~~,~ ~ ~ ~ · ~ t~ ~ ~ ~ ~(~a ~ pa~t ~ ~e d~s) ~ ~ ~ ~ ~ ~ · ~e ~ (c) s~ ~ ~ ~e B~ m~ ~ ~ ~ ~ ~ ~e ~s}; ~ (~ ~v~ ~u~ ~ ~ ~ ~ a ~[ ~ ~M ~ve ~e p~ wn~ ~ ~ (1) ~y ~it ~a is ~t ~v~ ~n five (~ da~ ~ ~ ~dae, ini~a ~i ~ ~ ~ ~ ~ ~a~ ~n five (5) ~ d ~ d i~ ~, U~ ~pl d s~le ~ ~ ~ ~o B~ ~e ~s) ~e e~ ~ ~ M~ ~ ~~ d C~ 475 F.S. ~ ~ ~g ~ e~ f~ ~ ~ ~e f~ ~ n~. ST~D~D N - ZON~G. SE~ ~ ~ w~ ~ S~ h~ ~ ~ ~Y ~~'~ ~ ~ ~t ~ ~~ ~ ~ Pm~, n~ S~ initiate ~y s~ ~~. SE~R ~ m~ ~ w~s ~al S~LLER A~ r~v~ ~ ~ ~ ~e ~ by s~ ~ B~ in ~, ~ ~ ~ ~ ~mg ~ ~t r~id~ use ~ ~e P~, ~e B~ ~ et~ ~ ~ ~ ST~D~D O · FORBGN I~STME~ IN ~ PROPER~ T~ A~ (R~TA~ A SE~R ~ ~ a U.S. ~fi~ ~ r~t ai~ ~ ~avit ~ to ~, ~ ~ ~ R~A M~i~. ~ S~ ~ a f~n ~ ~ ~, B~ ~ ~ ~ ~ f~ ~e ~ ~, a ~ iff ~ ~m ~uiv~nt to 10% ~ ~e ~ ~ ~e P~, ~1~: (a) ~e SE~ d~ ~ BW~ a issu~ ~ ~e Int~ ~nue ~ ~ SEU FR ~ ~ ~ ~ ~ ~ a ~ ~g ~ig~, ~ ~ ~ M~h~ ~e ~ ~ f~ ~g ~ s~ ~ ~t n ~ set f~ in ~e ~A~flg ~fi~e; ~ (b) ~e ~a ~ ~,~.~ ~ B~ ~ ~ ~ ~t~ 8~'s ~ d ~ P~ is ~ u~ ~ a ~ ~ ~ ~ f~ me ~ ~ ~ ~ u~ ~ d~s~ ~ ~ ~, ~ t~ (10) d~s d ~ ~i~ D~e, B~ ~a ~ M~ ~ ~ al~ ~n~ ~ ~e r~ui~ ~ S~ 1~5 IRC (~ ~lafl~s) h ~ ev~t of default ~ br~ ~ ~is ~n~ by ~e ~E~E ST~D~D P- TIME OF PE~OR~CE ~D REMEDIES. T~e is ~ ~e ~ ~ ~i~ ~fle. If ~ ~ ~t ~d~ B~E~s ~a~s ~mu~ (~ not ~ SE~'s ~s ~ (~t a ~s~ ~ ~ BUY~'s defa~t), BUY~ m~ ~f~ ~is Con~ by a suit f~ ~ may ~ to t~flate ~is ~ ~ sh~l ~ ~UU~ to m~m ~ ~e de~i~s). ST~O~ Q · ~AT~N A~ORN~S' FEES ~O COSTS, · ~ ~ ~y li~g~ ~ ~ ~ ~e ~ re~ble a~s' f~s ~ ~ ~ts f~ ~e~Y~ ~. · - ~D~D ~- ~SCE~E~S. ~e ~ ~ ~ · ~ · ~ ~m ~ ~ ~y ~ ~ a ~ ~. ~ ~ ~ ~1 ~ ~ p~ t~sa. ~is ~ ~ ~Y ~ ~fi~ ~ ~ ~ ~ P~' U~ss o~ s~fi~ to ~ ~, ~ mf~ ~ ~s ~ "~ shM h~ M rea ~ ~, ~k~e ~~ ~ ~s~e~ ~, ~d ~ ~e sa~ ~ ~ ~ ~. d~ v~.~ ~~~a~aM~ ~ ~ ~ ~ ~~o ~~ ~ ~.(S~ ~ ~) ~, ~ Mil ~, m~Ue ~ ~ ~s ~~ d ~o ~kjaM d ~s ~ ST~D~D T- 8~D~G CO~; ~G~ C~NSEL ~E P~TIES ~ ~T ~!RED TO ~E ~ P~~ FO~ CO~T~S ~ BE NE~TED ~SED U~N ~E ~ECTI~ I~STS, O~TIVES ~D B~NING ~SI~NS~F A~ I~ESTED P~TIES. ~V~ ~ ~ F~ ~ ~E ~ ~ ~ A~~ ~D ~~S ~ ~T~ ~ ~T ~~E ~ OPIN~ BINDING ~CT F~. ~ P~ A~O~ES ~T ~R TO SIGNI~ ~E ~CT, ~E ~ING ~SES ~VE B~ ~N~, R~ E~TATE T~CTI~ STUD.S A ~GH T ~VE BE~ ~C~D ~D ~D, ~D ~T P~ ~S BE~ ~ED BY ~E ESTATE ~ TO SE~ LEaL C~NS~ ~O ~ INsu~CE TO ~OTECT ~T P~S INT~ST IN CO~ECTI~ ~ ~E TI~ STA~S I I I AND CLOSING OF THffi TRANSACTION. BUYER AND ,~E~ ~ ~:R ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL CONOtT~]N, EBON., N~D OTHER SPECIAUZED ADVICE. THIS ~RACT SHALL BE BINDING.UPON AND INURE TO HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST. W'flh Copy-Broker; Yellow Copy. Seller/Buyer e 1999 Rapl~ Aria Board el REALTORS~ and AlsoclalJoa of Rail Estate Pmfi! 2002 FLORIDA LIFE HOMES o~:o~ ·, 139/+7~72 10/19 '01 18:.. N0.702 05/07 I I I I I I I I JUN 2 § 2002 m I I JUN 2 5 2002 AFHDAVIT I I I I I We/I, The Gilbros Company being first duly sworn, depose and say that we/I am/me the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Vincent A. Cautero~ AICP~ Vice President of Planning, Wilkison & Associates~ Inc. to act as our/my representative in any matters regarding this Petition. I I The Gilbros Company, an Ohio limited partnership Signature of Property Owner Signature of Property Owner I I I I I I I I ;ed or Printed Name of Owner Typed or Printed Name of Owner The f,c,rego~ng ins ,~. ent was .acknowledged before me this 5-~ z2d_d day of April, 2002 by (~( I~ fit'}/0~~o ,a general parmer of The Gilbros Company, an Ohio limited partnership, on behalf of s, aid .g~eneral parmership, who ( ) is personally known to me or ()ffiaS produced C6h/t~ drt~s h(t'5_.*~\ /7 as identification. State of Florida (Signature' of No~/,.P~131ic - State of Florida) County of Collier 0167 Affidavit WA Representatives.doc Wilkison & Associates, Inc. I I 1 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST I I I I I i I I I I I I I I THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION T! REQUIREMENTS # og SOT COPIES REQUIRED REQUIRED 1. Completed Application 15' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 15' ~.~ 5. Conceptual Site Plans 15' ~,~ 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application L 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners 14. Other Requirements - * Documents rcqutr~l for Long-Range Planning Review copy As the auth/0]~zed agent/applicant for this petition, I attest that all of the information indicated on this checkligt is includ~d/kt this submittal package. I und..~rs/~.~ that failure to include all necessary submittal information may re~ ~//the de?y of proc/e, ssing this pe~/,~:kf,~ ' PAGE 15 ~3F 16 I I I I I STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: The Gilbros Company 2~ MAILING ADDRESS: 5841 Broadway Avenue CITY Cleveland STATE Ohio 3. ADDRESS OF sUBJECT PROPERTY (IF AVAILABLE): ZIP 44127-1716 Not applicable at this time. I LEGAL DESCRIPTION: Section: 12 Township: 51 South Range: 26 East I I I I I I I I I I I I Lot(s): Not Applicable Block: Not Applicable Subdivision: Not Applicable Plat Book: Not Applicable Page No.: Not Applicable Property ID #: 00737400009 Metes & Bounds Description: The S ½ of the NE ~A of the NE ¼ of S12/T51S/R26E, Collier CounT, Florida (Less the Easterly 30.0 feet thereof) and the S ½ of the S ½ of the N ½ of the NE ¼ of the NE ¼ of S 12/T51S/R26E, Collier County Florida (Less the Easterly 30.00 feet thereof) (Containing 1,150,263.68 square feet or 26.406 acres more or less). TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [~ CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME a. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 90 EDU's PEAK AND AVERAGE DAILY DEMANDS: a, WATER-PEAK 6,750 AVERAGE DAIIJY b. SEWER-PEAK 6,750 AVERAGE DAILY 40,500 gpd 40.500 gpd JUN 2 5 2002 Page 13 of 14 0167 Standard Rezone Application Wilkison & Associates, lac. April 29, 2002 I I I I I I I I I I I I I I I 10. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: December 1, 2003 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation ' data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable. Waster and wastewater service will be provided by Collier' CounW Utilities. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water dislribution and sewage collection facilities within the project area upon completion of the consmaction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. See attached Dedication Statement. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or 'otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. See attached letters of availabiliW of service provided by Collier County_ Government, Comcast, Florida Power & Light, East Naples Fire Prevention Bureau, and Sprint. Utility Provision Statement RJM 10/17/97 AGENDA I~r.M JUN 2 5 2002 Page 14 of 14 0167 Standard Rezone Application April29,2002 Wilkison & Asso~iales, Inc. I I I I I I I ! I I I I I I I I I I I WWIL KISON & ASSOCI~.'[,,E.,S_, .... ENGINEERS, SURVEYORS AND PLANNERS Utility Dedication Statement Greenway Road Subdivision Collier County, Florida The above referenced project is located within the service boundaries of Collier County's utility service system. As authorized representative for the Gilbros Company, it is my understanding that the owner intends to dedicate the water distribution and sewage collection facilities within the project area to Collier County Utilities upon completion of construction. The construction is to be in accordance with all applicable County ordinances. It is acknowledged that all applicable system development charges and connection fees will be paid to the County Utilities Division pr/or to the issuance of building permits by the County. 3506 EXCHANGE AVE., NAPLES, FL 34104 DAVID S. WILKiSON, P.E. 941-643-2404 941-643-6752 DAVID J. HYA'Fr, P.S.M. AC_,~r. NDA ITEM JUN 2 § 2002 FAX 941-643-5173 VINCENT A. CAUTERO, AICP 1 COLLIER COUNTY GOVERNMENT I I I I I I I I I I I I I I I pUBLIC UTILITIES DIVISION April 5, 2002 Sandra Guaj ardo Wilkison & Associates 3506 Exchange Avenue Naples, FL 34104 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Crreenway Road - Affordable Housing Rezoning Habitat for Humanity of Collier County, Inc. Water and Sewer Availability Dear Ms. Guajardo: Water and sewer service is available for the above referenced project via existing lines along U.S. 41. If'this project is not to provide the required Collier County Utility Easements (CUEs), all sewer facilities shall be owned and maintained by the owner, his successors or assigns. If this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Utilities. All on site water facilities constructed within any multi-family tracts, clubhouse tracts, commercial tracts and common areas shall be owned and maintained by the owner, his successors, or assign.~. This project shall be equipped with a master meter and appropriate backflow device. All water and sewer within this project shall be owned and maintained by the owner, his successors or assigm~. Tie-in to water and sewer lines shall be;made after submission and.approval of the hydraulic calculations by En~neering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, treatment and transmission facilities and sewage tran~qmission, treatment and disposal facilities servicing the area in question and other areas of the County, based on demands within the system and other binding commitments. These expansions should provide sufficient G:/E~r~a~n~TecE/Av~labi~¥Av~l~ili~Le~mr A " [ JUN 2 5 2002 I I I I I I I I I I I I I I I I I I I S andra Guaj ardo April 5, 2002 Page 2 capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal demands and the remainder of the District's committed capacity. However, no guarantee can be issued that other developments throughout the District will not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Connections are also subject to the availability of water and sewer capaciW at the time formal apphcation is received. Should water supply or sewage'treatment and disposal capacity not be available, the Developer would be required to provide an interim means of water supply and treatment and sewage treatment and disposal until the District's facilities have the adequate capacity to serve the project. Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the payment of impact fees. Should you have any further questions, please feel ~ee to contact me at (941) 732-2575. Sincerely, Barbara Olko Administrative Secretary cc: Steve Wander, En~neering Review Services G:/Engineeri~ T~VAv~talfility/Avtilal~ility ~ JUN 2 5 2002 I I I I I I I I I I I I I I I- I I Comcast Cable CornmunicatK..., Inc. P.O. Box 413018 Naples, FL 34101 ( omcast "Ir/ ,-'/(.~ / March 21, 2002 Wilkison & Associates, Inc. 3506 Exchange Ave. Naples, FL 34104 Re: Habitat for Humanity/Greenway Rd. project To Whom It May Concern: Comcast has reviewed the site plans for the above referenced property and find that the utility easements provided are adequate for the placement of our broadband facilities. If i can be of any additional assistance to you regarding this project, please do not hesitate to call me. 732-3816. sincerely, Barb Bradford // Project Coordinator bb A~A ITEM JUN 2 5 2002 ~[~ 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 . L. 02 upon request to your project known as Greenway Road - Humanity of Collier County. Inc. the customer, based on terms and conditions ions for Electdc Service as approved by the and electrical load data as sOon as possible Enclosed, you will find a 20 item check list to aid by FPL to design service to your project. so that resources may be scheduled to facilitate required. please do not heSitate to contact me at (941) 353-6040. GE Customer Project Manager-FPL I I I' ! an FPL Group Company : L~" ..... -'-ill !!i JUN 2 5 2002 I I I I I I I I I I I I I I ! COPY OF PLAT/PLAT EXEM1~ION (SHOWS G .I~OMETR¥ / LOT SIZ~ t P C'~ ~TC' ) COPY O1; ~ SHOWING HOUSF. S ON TH~ LOTS ~ ZI/RO LOT LIHE DF. SIGN) 4. pAVINO AIqD DRAI~IA(~ PLA.NS DE.NSITY / UNITS PI~ ACR~ ! ADDRF.~S PLA~ C.A.D. D~ -or- E-Ma C~,.D. ~ ~ 7. ~I P~ ? ~ OF P~S ,. ~ OF ~S ~ VOLTAGE . DA~ ~. ,, ~ ~ A SSW~ L~ ~A~ON ? ~ ~ H2. ~- VOLTA~ _ ,.. 9. GU~ ~ ? R~Q~ ~~ ~~ LO~ ~ ? 10. ~ ~ ? ~O~ O~ ? ~L O~/~~ ? L~A~O~ ~S~ OF H~O~ ~ Sq ~AOE? S~ OF ~ ~ ~NS _ TO~ 11. ,,. 12. __ HOW ~ D~~ ~E OF MODE~ ? ,. 13. ~N~~ ~ ~ ~~ FO~ ~U~O~ ~'~ ~ 14, ~ IS ~ ~~ ~O ~ nE ~S~ ? 15. ~ ~ ~ WA~ TO ~L ~ OF ~ PVC FO~ ~ ~O~ ? 16. ~ ~ ~ BE ~O~ ~ ~ lS ~SPONSm~ ~R ~AI.~, ROAD ~ ~~ON DA~ FOK MOD~ / H~ ~ I~ ~T ~ ~ED ~ 17.~ 18. ~~~R ~PLY ~ ~ ~D~ ~ ~ ON P~T ? 19. ~ ~A~ ~ / ~~ FOR D~~ ~ ~ / ~~ ~. ~C S~ ~ $~ ~ ~OT B~ ~ ~ ~L ~L .*. NOT ~WAYS ~ O~ON... D~S ON ~L ~W JUN 2 5 2002 ~ ~'~ ~- EAST NAPLES I ~'~"~~" FIRE PREVENTION BUREAU ~'~(~~~'~' ~~~ Naples, Florida 34112 March, 11, 2002 Sandra Guajardo, Project Manager Wilkison & Associates 3506 Exchange Avenue Naples, Florida 34104 Dear Ms. Guajardo: In response to your lee East Naples Fire Contr project: , If I can be of any furth~ ~er, DepuV Chie ~e Prevention Bureau In response to your letter dated February 22, 2002 this is to confirm that the East Naples Fire Control and Rescue District will provide service for the following GREENWAY ROAD AFFORDABLE HOUSING REZONING HABITAT FOR HUMANITY OF CC, INC. S12/T51S/R26E COLLIER COUNTY, FLORIDA If I can be of any further assistance, please don't hesitate to give me a call at 774-2800. I I I I PH: (941) 774-2800 F LX: (9~'~) 77a-3116 I I I February 28, 2002' I Ms.$andra GuajMdo ' Wilkison & ~ates, Inc. 3506 Exchange Ave. I Naples, Flodda 34104 RE' Availability of Service I Gmenway Road - Affordable Housing Re. zon. ing- WA #0157 I ' ' Habitat for Hu2nautty of Collier County, SEC 12, TWP $1S, RNG 26E - Collier CoUnty, FL I Dear Ms Guajardo: In response to your letter dated Februaw 22, 2002, Sprint-Fl°dda, 'Inc. will provide telephone service, upon request, to the Habitat for Humanity, located on the west side of Greenway Road in Naples, Florida. Telephone service will be provided based on the rules and regulations covered in our Local and General Exchange Tariff, app~roved and on file with the Flodda Public Service Commission. In order for us to meet your service expectations and pro'ide for the timely installation of a~ facilities, we need your cooperaflo, n on the following items': . I 1. Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities must be recorded either through Incorporation with the recorded plat of the Habitat for Humanity · development, or in a manner as may be recorded in the Public Records of Collier County, Florida. A · minimum 10' wide utility easement along the cable route to be provided by developer and a 40'.X 40' I easement.may be required for switching equipment. 2. ProVide a full set of construction Plans and diskette (DGN format or AuTOcAD version 14 or lower) I fumlshed to usat the same time as plans are sent to Florida Power & Ught Company. 3. All' utility easements, rights-of-way, roadways, etc., over which communications construction is necessa~j must be within six Inches of final grade, clear of debris and lot lines properly staked and identified prior to I communication facility construction. NOTE: Staking to Include grade elevation. 4. clearing, grading and staldng is to be malntainecl by the developer during Sprint's construction activity. 5. DeViations to our standa~ COnstruction procedures from the abeve, resulting in additional expense to Sprint- Florida, Inc., either.during or after communication facility construction, will be appropriately billed to .and ihome by the developer. 6. Road crossings provided .and placed by developer at locations indicated by a Sprint-Florida, Inc.'s '· ": ~'sentatiW. Sprint-Florida, Inc. will provide markers. ' 7. 8print-Florida, Inc. shall not be responsible for seeding/mulching disturbed areas of the utility easements. I;.. 8. Notify Spflnt engineering a minimum of 90 days in advance when telephOne service & dll n thisarea. JUN 2 5 2002 Februar/28, 2002 I Page 2 RE: Greenway Road - AffOrdable HOusing Rezoning - WA #0167 I I I I I I I The following criteria must also be met for'any multi;family or commercial building: 1. A 4' X 8' X =~" plywood terminal beard .must be securely attached for mounting of telephone hardware. 2. Entnmce conduit to be run from the property comer or utility easement into the.mechanical mom with no more than one 90-degree sweeps. Size and iocationto be determined by a Sprint-Florida, lnc.'s representative. 3. Access to the power ground (MGN) within five feet of our terminal or placement of a No, 8 Insulated copper ground wire. 4. A single run conduit (3/4 inch suggested) or access mute from each unit to the location of the telephone termination point. 5. COnduit and equipment mom to be completed 30 days prior to Certificate of Occupancy date. These requirements are necessmy due to the tremendous growth within our sewing area and Sprint.q=lorida's- of advance technology. Failure to comply with the above mentioned could result in service delays to this development. Please sign and date the acknowledgments provided below and tatum it in the self addressed stamped envelope Included. If You Should require additional Information, please contact me at (941) 263-6222. I I I Sincerely, Walter A. Alvarez Network Engineer I - E&C c: Chron File I I I hereby acknowledge receipt of this letter and agree wtth the provisions contained ,herein. Date Title ~U N 2 5' ;~002 . TRAFFIC IMPACT STATEMENT FOR THE GREENWAY ROAD SUBDIVISION ]11 REZONE Wilkison & Associates, Inc. Prepared for: 3506 Exchange Ave. Naples, FL 34104 Prepared by: Approved by: VanasseDaylor 12730 New Brittany Boulevard, Suite 600 ~ . _ _ Ill Fort Myers, Florida 33907 Ree~tK.. y~,,,~,_v.e. III v p% 0007 N 0 SCALE: I LE 5000 5000' ~0522-1oc RMJ .n~sse DaTIor 12710 New Brit'~7 leule~wd, ~uitt I00'¥' ~ ~ ~ ~41.437.4601 ~41.437.4636 ~ ~ ~e A~ Nail ~1 34103 // ~ 941.40L0223 ~141J63.S096 //~ w ~anda~.com ~r'-~' ~29~ 2 5 2002 Greenway Road TIS F~ 1 - Localion M~ Shee~ No. 1 of 1 I EXECUTIVE SUMMARY I I I This work force housing project is located on the west side of Greenway' Road, approximately 1 mile north of US 41 in Collier County. See Exhibit 1 and Exhibit 2 for the approximate Iocation of the site. The site is approximately 26.4 acres in size and is currently undeveloped. Current Future Land Use for the site is Urban Residential Sub- District. I I The project as proposed will contain 90 single-family home sites and is projected to be complete prior to the 2005 Peak Season. I I I I Project traffic impacts to the adjacent roadway network show that there are no LOS problems in the vicinity of the project. The traffic projections for the network indicate that in 2005 eastbound US 41 west of Greenway Road has significant (.project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound Greenway Road south of the project has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. With this, all County roadways in the vicinity of the project are projected to remain within LOS standards through buildout of this project. I I I I I I JUN252002 ! i I:\Projects\805~80522\Traffic\80522~TIS.doc _ I I I I I I I I I I I I I I I I I I I INTRODUCTION This work force housing project is located on the West side of Greenway Road, approximately 1 mile north of US 41 in Collier County. See Exhibit 1 and Exhibit 2 for the approximate location of the site. The site is approximately 26.4 acres in size and is currently undeveloped. Current Future Land Use for the site is Urban Residential Sub- District. The project as proposed will contain 90 single-family home sites and is projected to be complete prior to the 2005 Peak Season. The purpose of this study is to provide the technical traffic analysis in support of the Rezone. Both AM and PM Peak Hour Volumes were analyzed. I:\ProjecLs\805\80522\Traffic\80522-TI S-doc JU51 2 5 2002 I I I I I I I I I I I I I I p~ I I TRAFFIC GENERATION Consistent with the current policy of Collier County, project trip generation was based on ITE Trip Generation (6th Edition). The following trip generation formulas were used: Single-Family (LU 210): ADT: Ln(T) = 0.920 Ln(X) + 2.707 AM Peak Hour: T = 0.700CX) + 9.477 PM Peak Hour: Ln(T) = 0.901 Ln(X) + 0.527 The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table IA. The existing traffic on Greenway Road was determined from the ITE Trip Generation equations for single-family dwelling units. There are approximately 40 single-family homes existing on Greenway Road. Table lB shows the projected trip generation for the existing single-family homes on m Greenway Road. Table lA PROIECT TRIP ~TIO_N (NEW TRWS) Shagle-Farrily (LU 210) 90 DU 941 72 Totals 90 DU 941 72 Table lB PROJECT TRIP GFNERA~ (EXISIlNG TRIPS) ~d Use, Am- Peak Single-Farrily (LU 210) 40 DU 446 37 Totals 40 DU 446 37 PM Enter Exit Peak Enter F..,dt 18 54 98 62 35 18 54 98 62 35 PM Enter Exit Peak 9 28 47 9 28 47 h\Projects\805~80522\Traffic\80522-TIS.doc Enter E, dt 30 17 J U N 2 5 2002 I I I I I I I I I I I I I I I I I I I AREA OF INFLUENCE The existing roadway network in the area of the project is shown on Exhibit 1. We have analyzed the roadways in the area of the project within 2 miles of the project. ADJACENT ROADWAY NETWORK Greenway Road Greenway Road in the vicinity of the project is a two lane undivided local roadway. It is under county jurisdiction. The posted speed limit is 30 mph. US 41 US 41 in the vicinity of the project is a two lane undivided highway. It is under state jurisdiction. The posted speed limit is 55 mph. COMMITTED ROAD IMPROVEMENTS Roadway improvements 'that are currently under construction or scheduled for construction within the next three years were considered to be a committed improvement. These were identified in the Collier County Transportation Improvement Plan and FDOT Adopted Work Programs for Collier County, Fiscal Year 2000/2001-2005/2006. According to the Collier County Transportation Improvement Plan and FDOT Adopted Work Programs for Collier County, Fiscal Year 2000/2001-2005/2006 there are no planned road improvements in the vicinity of the project in the near future. h\ProjecLs\805\80522\Traffic\80522-TIS.doc JUN 2 5 2002 I I I I I I I I I k I I I I I I I I TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based upon locations of generators and attractors in the area of the project. The traffic distribution for the project is shown in Table 2. Traffic distribution for the existing single-family homes on Greenway Road was assumed to be the same as the distribution for this project. Table 2 TRAFFIC DISTRIBUTION-PM PEAK HOUR Entering Exiting TrafficTraffic .Land Use Dist. Dist. US 41 West of Greenway Road US 41 East of Greenway Road Greenway South of Project 95% 95% 5% 5% 100% 100% I:~Projects\805\80522tTraffic\80522-TlS.doc JUN 2 5 2002 I I I I I I I I ! I I I I I I I I I I BACKGROUND TRAFFIC The average growth rate of each road link was determined using the traffic counts (1997- 2001) fi-om the Collier County Transportation Department. 2001 Traffic counts for US 41, east of CR 951 (Sta. #608) appear to have a volume error. The 2001 quarterly traffic counts were reviewed for count station #608. It appears the fourth quarter total is double the first quarter ('Peak Season) total, causing the yearly average to become inaccurate. To obtain a more accurate yearly average we took the first quarter (Peak Season) total and adjusted it to ADT using the FDOT's MOCF (0.89) and PSCF (1.00). See Appendix A for count and factor information. The growth rate for US 41 was determined to be 6.2%. Due to the lack of historical data on Greenway Road the growth rate was assumed to be the same as US 41, 6.2%. This growth rate was used to project the 2001 counts forward to 2005 (see Table 3). As previously stated, the existing traffic on Greenway Road was determined from the ITE Trip Generation equations for single-family dwelling units. There are approximately 40 single-family homes existing on Greenway Road. The phase year AADT for each roadway link has been used along with the Collier County Kto0 (9.7%), Axle Factor (95.24%), and "D" Factor (55.2%) to determine a projected 2005 Peak Season Peak Hour (Directional) background volume for each roadway link. Table 3 shows the volumes given with conversation to Average Daily Traffic. The data sources used for this analysis are shown in Appendix A. Table 3 EXISTING & PROIEL-TED TRAFFIC VOLUME%PEAK HOUR DIRECIIONAL (2005) US 41 West of O-eenway Rind US 41 East of Oeemmy Road Greem~y South of Project 1997 2001 "Et' Axle "K" Growth 2001 2005 ADT ADT Factor Factor Factor, Rate PkHour PkHour 10,677 13,597 55.2% 95.2% 9.7% 6.2% 693 880 10,677 13,597 55.2% 95.2% 9.7O/O 6.2% 693 880 -- 55.2% -- 6.2% 26 30 h',Projects\805\80522\Traffic\S0522-TI S.doc AGENDA ITEM JUN 2 5 2002 I I I I I I I I I I I I I 1 I I LEVEL OF SERVICE ANALYSIS The traffic generated by the development was assigned to the adjacent roadways using the directional distribution of traffic from Table 2 above. The project traffic was then added to the Peak Season Peak Hour directional traffic as shown in Table 4 to determine the Buildout Year Peak Season Peak Hour Volume and a LOS of the roadway network "with and without the project". The Arterial Level of Service Volume Table for Minor. Arterial Roads, for US 41, and Collectors, for Greenway Road, from David Plummer and Associates Collier County Service Volume Update, dated. April 1998 was used to determine the Level of Service. The Level of Service tables utilized in the analysis are shown in Appendix B. The analysis indicates that in 2005 eastbound US 41 west of Greenway Road has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound Greenway Road south of the project has sigrfificant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Table 4 shows the LOS projections, with and without the project, at build out. Table4 I~ADWAY LS41 West of~ R, yrt LIS41 East ~~}klad ~Sotth~ LCBC I.CED 1,1130 1,060 1,(B0 1,050 870 920 1,050 1,050 C 1,060 1,Cra0 C 920 920 C 2035 Traffic I.CE as%of w~ LCSS~ C 5.60/0 C 02o/0 C ~8°/o i:\Projects\805~80522~Traffic\80522-TIS.doc JUN 2 5 2002 - I I I I I I I I I I I I I I I I I I I SIGNALIZED INTERSECTION ANALYSIS No signalized intersections are significantly impacted by this project and none have been analyzed. UNSIGNALIZED INTERSECTION ANALYSIS The US 41/Greenway Road intersection and the project access point were analyzed to determine the effects of the proposed project on the adjacent roadway network. Table 5 shows the project traffic distribution at both intersections for the AM and PM Peak Hours. The intersections were analyzed using Synchro 5.0 computer sofNvare, which is based on the 2000 Highway Capacity Manual. See Appendix C for a detailed report of the analysis. Table 6 is a summary of the level of service and delay for each analysis. The analysis shows the intersections operating at an acceptable level of service (LOS A) with this project. See Appendix C for the Synchro 5.0 results. It should be noted that the existing traffic from the single-family homes 0n Greenway Road was used in the analysis. The assumed traffic generated by the existing single-family homes on Greenway Road is shown above in Table lB. Table 5-PROPOSED FUTURE (2005) Project Related Turning Movements Greenway Rd @ Project Entrance Greenway Rd ~ US 41 A.M. Peak P.M. Peak Turning Turning Direction Volume Direction Volume EBR 54 EBR 35 NBL 18 NBL 62 EBL 17 EBL 59 WBR 1 WBR 3 SBL 3 SBL 2 SBR 52 SBR 33 Table 6 UNSIGNALIZED INTERSECTION DELAY AND LOS W/PROJECT INTERSECTION Greenway Rd @ Project Entrance Greenway Rd @ US 41 h\Projects\805\80522\Traffic~80522-TI S.doc AM PEAK PM PEAK 2005 2005 2005 DELAY 2005 DELAY LOS (sec) LOS (sec) A 8.2 A 7.7 A 1.3 A 1.1 JUN 2 5 2002 I I I I I I I I I I I I I I 1 I I PROJECT IMPACTS TO AREA ROAD NETWORK The Level Of Service calculations for the adjacent roadway network show that there are no LOS problems in the vicinity of the project. The analysis indicates that in 2005 eastbound US 41 west of Greenway Road has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound Greenway Road south of the project has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. With this, all County roadways in the vicinity of the project are projected to remain within LOS standards through buildout of this project. JUN 2 5 2002 h~rojects\805~,O5?_.2\Traffic\80522-TIS.doc I I I I I I I I I I I I I I I I I I I MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the proposed project. JUN 2 5 2002 I:~rojects\805\80522\Traffic\80522-TIS.doc 10 I I I I I I I I I I I I I I ! I I Aerial Photo Exhibit 2 Aerial Photo Date: Jan 2000 Date: 5.29-02 N Scale: 1' = 1000' $ 500 0 500 ~Feet Gmenway Road TIS Wilkison and Assoc., Inc. 3506 Exchange Ave. Naples, FL 34104 Project Site Vanasse Daylor Sources: Collier County Aerial It is the end user's responsibility to I I I I I I I I I I I I I I I I I I I APPENDIX A ~._~ ~ JUN 2 5 2002 I Collier County Annual Traffic Counts (Listed Alphabetically) ~Sta. T Location 1997 1998 1999 2000 2001 Change 00-01 '516 Q I RattLesnake Ham Rd (CR 864) east of US 41 (SR 90/Tamiami Tr) 12,1 56 11,097 11,089 13,103 15,920 2.1.50% --518 Q I Rattlesnake Ham Rd (cR 864) west of Collier BIvd (cR 951) 5,o49 5,542 6,497 6,892 7,841 13.77% ~517 Q i Rattlesnake Ham Rd (cR 864) west of County Barn Rd 9,918 10,523 10,931 11,856 14,039 18.41% B719 S San Marco Dr (cR 92) east of Floral St 4,002: 2,998 3,797 4,465 4,618 3.43% -541 Q San Marco Rd (cR 92) east of Collier Btvd (sF~ 954 ) 5,174 5,319 4,453 6,161 6,621 7.47% ~542 Q San Marco Rd (CR92) west of Barfield Dr 8,481 9,208 8,851 9,263 9,900 6.88% · S48 S Sanctuary Rd north of Immokalee Rd (CR 846) 1,089 710 777 849 9.20% 537 Q Santa Barbara Blvd north of Davis Blvd (CR 64) ;12,391 14,509 15,915 17,746 19,826 11.72% ~529 Q Santa Barbara Blvd north of Golden Gate Pkwy (CR 886) 22,1841 23,161 24,918 25,939 27,159 4.70% ~606 Q iSanta Barbara Blvd north of Radio Rd (CR 856) 26,443 27,816 26,065 28,300 31,052 9.72% 528 Q ISanta Barbara Blvd south of Golden Gate Pkwy (CR 886) 28,392 30,267 31,985 31,815 32,954 3.58% ~511 Q I Seagate Dr west of US 41 (SR 45)(Tamiami Trail) 14,532i 14,501 14,286 14,831 17,127 15.48% t'20 S Shadowlawn Dr north of Davis Bird (SR 84) 5,125: 5,289 4,926 4,739 4,703 -0.76% 523 Q Shadowtawn Dr south of Davis Blvd (SR 84) 7,712 8,560 8,417 7,337 7,920 7.94% ~44 Q Thomasson Dr west of LombardyLane 6,290 6,341 DISC DISC DISC t'06 S Tigertail Ct west of Collier Blvd (SR 951) 2,743 2,789 2,412 2,570 2,447 -4.81% 546 Q IUS 41 (SR45) at Lee County.Line 25,582 30,900 30,838 31,891 32,787 2.81% 1~64' Q ! US 41 (SR45)north of Immokalee Rd (OR 846) 51,072 47,841 46,248 46,468 0 ~562' Q i US 41 (SR 45) north of Pine Ridge Rd (CR 896) 45,594 46,656 43,902 44,117 42,102 -4.57% ~',~.Z7* Q i US 41 (SR 45)south of 99th Ave North 42,194 39,988 39,310 37,974 0 1 Q i US 41 (SR 45) south of Pine Ridge Rd (CR 896) 48,917 51,348 50,940 52,426 55,648 6.15% ~,~3' Q: US 41 (SR45) south of Vanderbilt Beach Rd (cR 862) 40,558 40,480 40,274 41,613 0 '604 Q US 41 (sRgo)east of Airport Rd (CR31) 40,658 34,822 34,742 40,214 46,774 16.31% ,.~608 Q US41 (SR go) east of Collier BIvd (CR 951) 10,677 11,048 10,970 10,789 16,449 52.46% ~i~45' Q US41 (sRg0)east of Davis Blvd (SR84) 30,335 25,895 25,498 31,156 30,800 -1.14% ~J72" Q US41 (SR g0) east of Rattlesnake Ham Rd (cR864) 34,156 33,805 32,154 33,566 36,312 8.18% --616 A US41(SR90) east of SR 29/CR 29 4,339 3,962 7,544 4,217 5,032 19.33% ~571 Q US41 (sRg0)westofCollierBIvd(SR95~) 23,409 23,780 22,140 22,992 22,185 -3.51% ~.570 QUS41 (SR go) west of San Marco Rd (CR92) '4,633 4,790 5,013 4,875 5,159 5.82% 617 A US 41(SR 90) west of SR 29/CR 29 4,763 4,942 6,621 5,120 6,126 19.65% ~46 Q !Vanderbilt Beach Ext. (cR 862) east of Pelican Ridge 13,3191 18,488 19,970 22,118 22,870 3.40% · 579 Q Vanderbilt Beach Rd (0R862) east of Airport Rd (CR 31) 13,488 17,611 20,502 24,391 27,867 14.25% 666 Q Vanderbilt Beach Rd (OR 862) east orGoodlette Rd (OR 851) 20,433 22,487 24,732 9.98% ~68 Q Vanderbilt Beach Rd (OR 862) east of Vineyards Blvd 13,977 17,440 19,587 12.31% ~'21 S Vanderbilt Beach Rd (cR 862} east of Vineyards Blvd 8,550 11,795 See Station 668 580 Q Vanderbilt Beach Rd (CR 862) west of Collier Blvd (CR 951) 5,467 6,893 8,362110,362 11,938 15.21% ~67 Q Vanderbilt Beach Rd (CR 862) west of Cakes Blvd 16,799120,587 22,105 7.37% ~'22 S Vanderbilt Beach Rd (CR 862) west of Cakes Blvd i 0,560 14,438 See Station 667 524 Q Vanderbilt Beach Rd (CR 862) westof US 41 (SR 45/Ta,'niami 'rr) 16,641 19,131 18,020 17,816 20,389 14.44% ~33 Q Vanderbilt Dr(CR 9o4)north of Vanderbilt Bch Rd (CR 862) 6,661 8,225 7,603 8,596 10,791' 25.53% t78 Q VanderbiltDr(cRg04)northof111thAveNorth 8,066 8,859 8,664 11,466 13,069 13.98% 548 Q Vanderbilt Dr (CR 904) north of Wiggins Pass Rd (CR 888) 7,918 8,753 9,180 10,419 12,506 20.03% ~32 Q Vanderbilt Dr (CR901) south of 111th AveN 5,189 5,838 5,772 7,075 8,348 17.99% ]1~0 A Vineyards Blvd south of Vanderbilt Beach Rd (cR 862) 5,804 4,488 7,200 7,894 9.64% Q WestcloX Rd west of North15th St (sR 29) 2,572 2,627 2,822 2,9i2 ~1'~4.43~ ~/~92 A IWiggins Pass Rd (CR 866) east of Gulf Harbor Rd 6,770 6,530 DISC. DIS( ;. D~i~.. ~ t70 Q Wiggins Pass Rd (cR 888) east of Vanderbilt Dr (cR 9o4) 3,990 4,1 7 4,624 - JUN 2 5 2002 I Page4 of 5 1/23/2002 ' I I I I I I I I I I I I I I I I JUN 2 § ~002 I'rint Date: Dec/14/2001 LIER COUNTYWIDE gory: 0300 I I I I I I I I I I I I I I I Note: "*" indicates peak season week Florida DeparUnent of Transportation Transportation Statistics Office 2000 Peak Season Factor Category Report Week Dates S_~F 1 01/01/2000 - 01/01/2000 0.92 2 01/02/2000 - 01/08/2000 0.94 3 01/09/2000 - 01/15/2000 0.95 4 01/1612000 - 01/22/2000 0.93 5 01/23/2000 - 01/29/2000 0.91 6 01/30/2000 - 02/05/2000 0.89 7 02/06/2000 - 02/12/2000 0.87 8 02/13/2000 - 02/19/2000 0.85 9 02/20/2000 - 02/26/2000 0.85 10 02/27/2000 - 03/04/2000 0.86 11 03/05/2000 - 03/11/2000 0.87 12 03/12/2000 - 03/18/2000 0.87 13 03/19/2000 - 03/25/2000 0.89 14 03/26/2000 - 04/01/2000 0.90 15 04/02/2000 - 04/08/2000 0.91 16 04/09/2000 - 04/15/2000 0.93 17 04/16/2000 - 04/22/2000 0.94 18 04/23/2000 - 04/29/2000 0.95 19 04/30/2000 - 05/06/2000 0.97 20 05/07/2000 - 05/13/2000 0.98 21 05/14/2000 - 05/20/2000 1.00 22 05/21/2000 - 05/27/2000 1.03 23 05/28/2000 - 06/03/2000 1.06 24 06/04/2000 - 06/10/2000 1.09 25 06/11/2000 - 06/17/2000 1.12 26 06/18/2000 - 06/24/2000 1.12 27 06/25/2000 - 07/01/2000 1.12 28 07/02/2000 - 07/08/2000 1.11 29 07/09/2000 - 07/15/2000 1.11 30 07/16/2000 - 07/22/2000 1.11 31 07/23/2000 - 07/29/2000 1.11 32 07/30/2000 - 08/05/2000 1.11 33 08/06/2000 - 08/12/2000 1.11 34 08/13/2000 - 08/19/2000 1.11 35 08/20/2000 - 08/26/2000 1.12 36 08/27/2000 - 09/02/2000 1.13 37 09/03/2000 - 09/09/2000 1.14 38 09/10/2000 - 09/16/2000 1.15 39 09/17/2000 - 09123/2000 1.14 40 09/24/2000 - 09/30/2000 1.13 41 10/01/2000- 10/07/2000 1.12 42 10/08/2000 - 10/14/2000 1.11 43 10/15/2000- 10/21/2000 1.10 44 10/22/2000- 10/28/2000 1.07 45 10/29/2000 - 11/04/2000 1.04 46 11/05/2000 - 11/11/2000 1.01 47 11/12/2000 - 11/18/2000 0.98 48 11/19/2000 - 11/25/2000 0.97 49 11/26/2000 - 12/02/2000 0.95 50 12/03/2000- 12/09/2000 0.94 51 12/10/2000- 12/16/2000 0.92 52 12/17/2000- 12/23/2000 0.93 53 12/24/2000- 12/30/2000 0.94 54 12/31/2000- 12/31/2000 0.95 PSCF 1.03 1.06 1 .O7 1.04 1.02 1.00 0.98 0.96 0.96 0.97 0.98 0.98 1.oo 1.01 1.02 1.04 1.66 1.07 1.09 1.10 1.12 1.16 1.19 1.22 1.26 1.26 1.26 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.26 1.27 1.28 1.29 1.28 1.27 1.26 1.25 1.24 1.20 1.17 1.13 1.10 , .09 .07 MOCF = 0.89 06 )7 JUN 2 § 2002 . _ I I I I I I I I I I I I I I I I I I I APPENDIX B JUN 2 5 2002 7ESCRIPTION ROAD NAME:Minor Arterial Road From; To: PEAK DIRECTION: Study Time Period:PM PEAK Analysis Date: 1997 conditions Number of Lanes: AADT: User Notes: Generalized Service Volume ~ 1 si~lnal per mile ~ TRAFFIC CHARACTERISTICS K FACTOR: D FACTOR: PHF: ADJ. SATURATION FLOW RATE: % TURNS FROM EXCLUSIVE LANES: ROADWAY CHARACTERISTICS URBAN, T~SITIONtNG, OR RURAL AREA TYPE: ARTERIAL CLASS: FREE FLOW SPEED (mph): TOTAL LENGTH OF ARTERIAL (mi): MEDIANS (Y/N): Y LEFT TURN BAYS ('Y/NI: Y :GNALtT._ATION CHARACTERISTICS ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Update Florida Department of Transportation Au,,qust 1995 PEAK MOOR'PEAK DIRECTION VOLUME (Includes vehicles in exclusive turn lanes) .1. Intersections Der mile ---Range--- 0.097 (0.06- 0.20) 0.560 (0.50- 1 0.940 (0.70- 1.00) 1,856 (t400. 2000) 30 (o. lOO/ U (U, T. or R) 1 (1,2, or 3) 45 (45.40, or 35) 3 NO SIGNAL[ZED INTERSECTIONS: 3 ARRIVAL TYPE. PEAK DIRECTION: 3 (1,2,3,4,5 or 6) TYPE SIGNAL SYSTEM: S (P, S, or A) Level of Service i-' 1,060 900 1,o3o 1.o~o 1. oeotl_ 2,110 1,870 2.100 2,110 2.110 3,170 2.870 3,170 3.170 3.170 4,230 3,880 4,230 4.230 4.230 LANES 2 4 6 8 PEAK HOUR VOLUME (B'OTH DIRECTIONS) (Includes vehicles in exclusive turn lanes) 1 Intersections Der mite (p=Pr~fi~r~ed. S= Semiectuated, A = Actualc. d) SYSTEM CYCLE LENGTH (sec): 120 (60-180) WEIGHTED THRU MOVEMENT._~g.'C~ 0.40 (0.20- 0.80) Level of Service LANES A B C D E 2 1,890 1,610 1.830 1,890 1.890 4 3.780 3,350 3,750 3,780 3.780 6 5,660 5,120 5,660 5,660 5,660 8 7,550 6,930 7.550 7,5.50 7.550 AVERAGE ANNUAL DAILY TRAFFIC [AADT) (Includes vehicles in exclusive turn lanes) 1 Intersecbons...oer mile Level of Service A B C D E 19,500 16,800 18,900 19,500 19,500 38.900 34.500 38,600 38,900 38,900 58,400 52,800 58,400 58,400 58,400 77,800 71,400 77,800 77,800 77,800 Peak Hour Peak DirecIion Through/Right vic Ratio for Full Hour Level of Service LA~4E$ A B C D E 1 1.00 0,86 0.97 1.00 1 00 2 1.00 089 0.99 1.00 1.00 3 1.00 0.90 1.00 1.00 1.00 4 1.00 0 92 1.00 1,00 1 JUN 2 5 2002 I I I I I DESCRIPTION ROAD NAME: Collector Road From: To: PEAK DIRECTION: Study Time Period:PM PEAK A~alysis Date: 1997 conditions Number of Lanes: AADT: User Notes: Generalized Service Volume ~ 1 signal per mile ~ TRAFFIC CHARACTERISTICS K FACTOR: D FACTOR: PHF: ADJ. SATURATION FLOW P~TE: % TURNS FROM EXCLUSIVE lANES: ROADWAY CHARACTERISTICS URBAN, TRANSITIONING, OR RURAL AREA TYPE: A~TER[AL CLASS: FREE FLOW SPEED (mph): TOTAL LENGTH OF ARTERIAL (mi): MEDIANS (Y/N): LEFT TURN BAYS (Y/N): ISiGNALiZ. ATiON CHARACTERISTICS NO. SIGNALIZED INTERSECTIONS: ARRIVAL TYPE, PEAK DIRECTION: TYPE SIGNAL SYSTEM: MEDIANS (Y/N): Y LEFT TURN BAYS (Y/N): Y I I I i I I I ART-TAB Version 2.0 Arterial Level of Service Volume Tables Based on Chapter 11 of the 1994 Highway Capacity Manual Up<late Florida Department of Transportation ~u~ust a (Includes vehicle.~ in exclu.~ve turn lanes) i Intersections Der mile --Range- 0.097 (0.06- 0.20) 0.5~0 (0.50- 1.00) 0.940 (0.70- 1.00) 1,700 (1400 · 2000) 35 (0- 10o} U (U,T, orR) 2 (1,2, or 3) 30 (40,35,30,25) 3 3 3 (1.2.3,4.5 or 6) $ (P, S, or A) (p=Pre~rned, S=Semiectuated, A=Actueted) SYSTEM CYCLE LENGTH (sec): 120 (60 - 180) WEIGHTED THRU MOVEMENT g/C: 0.35 (0.20 - 0.80} I,~NFS 2 3 4 LANES 2 4 8 2 4 $ 8 Level of Service ^, B c O N/A 390 870 920 920 N/A 810 1,780 1.830 1,830 N/A 1,230 2,700 2.750 2,750 N/A 1.650 3,620 3.660 3,660 PEAK HOUR VOLUME (BOTH DIRECTIONS) (Includes vehicles in exclusive turn lane~) .1. intersections ~r mile Level of Service A B C D E N/A 690 1.550 1,630 1,630 N/A 1,440 3.180 3,270 3,270 i~A 2.190 4.820 4,900 4,900 N/A 2,950 6.470 6.540 6,540 AVERAGE ANNUAL DAILY TRAFFIC (AADT) (includes vehicle3 in exclu.~ve turn lanes) 1 {rqersections Der mile Level of Service A B C D E N/A 7.100 16,000 16,900 N/A 14,800 32,800 33,700 33,700, N/A 22,600 49.700 50,600 50,600 N/A 30,400 66,700 67,400 67,400; means the level of service is not achievable ~eak Hour Peak Direction Through/Right vic Ratio for Full Hour Level of Service L~'~ES A B C D E 1 N/A 0.42 095 1.00 1 2 N/A 044 0.97 1.00 1.00i 3 hUA 0.45 0.98 1.00 100~ 4 N/A 0.45 o.99 1.00 1. N 2 5 2002 __ COLGEN1 .WK1 I I I I I I I I I I I I I I ! APPENDIX C I I I I I I I I I I I I I I I I I I I 2005-AM Peak Unsignalized Analysis Without Project 2002 I I I I I I I I I I I I I I I I HCM Unsignalized Intersection Capacity Analysis 3: US 41 & Greenwa¥ Road Lane Configurations ~ Sign Control Grade Volume (veh/h) 9 Peak Hour Factor 0.92 Hourly flow rate (veh/h) 10 Pedestrians Lane Width (ft) Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 957 vC1, stage 1 conf vol vC2, stage2 confvol_ ' tC, single (s) 4.1 tC, 2 stage (s) tF (s) 2.2 pO queue free % 99 cM capacity (vehlh) 719 Volume Total Volume Left Volume Right. cSH ~ Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS 10 776 :10 :': -O 0 0 .,:719 ' :1700 0.01 0.46 I 0 10.1 0.0 B 0.1 Average Delay Intersection Capacity Utilization Free Free Stop O% O% 0% 714 88O 0 1 0.92 0.92 0.92 0.92 776 957 0 1 27 0.92 29 None · 1752 957 6.4 6~2 3.5 3.'3 99. 93 313 957 30 0 29 1700: ~... 288" 0.56 0.11 0 9 0.0 19.0 C 0.0 19.0 C 0.4 60.3% ICU Level of Service 2005 AM Peak without Project VANASSFORT-ST51 B 4/26/2002 AGENOA Synchro 5 Report Pg.~t Page1 I I I I I I I I I I I I I I I I I I I 2005-AM Peak Unsignalized Analysis With Project JUN 2 5 2002 HCM Unsignalized Intersection Capacity Analysis 3: US 41 & Greenwa¥ Road I I I I I I I I I I Lane Configurations Sign Ccr, trol Grade Volume (veh/h) 26 Peak Hour Factor 0.92 Hourly flow rate (velVh) 28 Pedestrians Lane Width. (ft) Walking Speed (flJs) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume' 958 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.1 tC, 2 stage (s) tF (s) 2.2 pO queue free % 96 cM capacity (veh/h) 718 Volume Total 28 Volume Left ~ '28 Volume Right 0 cSH 718 Volume to'Capacity 0.04 QueueLedgth (ft) - - 3 Control Delay (s) 10.2 Lane LOS , : B Approach Delay (s) 0.4 Approach LOS Free '..Free Stop 0% 0% 0% 714 880 1 4 0.92 0.92 0.92 0.92 776 957 1 4 776 958 0. 0 1 1700 : 1'700 0.46 0.56 0 0.0 0.0 79 0.92 86 None 1790 957 6.4 6.2 3.5 3.3 ,95 73 86 312 0.0 Average Delay 1.3 Intersection Capacity Utilization 62.6% 90 · ,277 ~.::'~ ~:: 0.33 -' 34'. 24.1 24.1 C ICU Level of Service B I ! 2005 AM Peak with Project VANASSFORT-ST51 4/26/2002 AG[NlrA JUN 2 5 2002 Synchro 5 Report Page 1 I I I I I I I I I I I I I I I I I I I HCM Unsignalized Intersection Capacity Analysis 4: Project Access & Greenwa~/Road .~ ~ ~, t ~ Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (veh/h) Pedestrians Lane Width (ft) Walking Speed (ftJs) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume' vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) pO queue free % cM capacity (veh/h) Stop Free Free 0% 0% 0% 0 54. 18 0 0 0.92 0.92 0.92 0.92 0.92 0 59 20 0 0 0 0.92 .0 None 39 0 0 6.4 6.2 4.1 3.5 3.3 2.2 100 95 99 961 1085 1623 Volume Left 0 20 0 Volume Right 59 ---. 0 0 cSH 1085 1623 1700 Volume to Capacity 0.05 0.01 0.00 Queue Length (ft) 4 1 0 Control Delay (s) 8.5 7.2 0.0 La ne LOS A .A Approach Delay (s) 8.5 7.2 .0.0 Approach LOS A Average Delay 8.2 Intersection Capacity Utilization 13.6% ICU Level of Service A ~0o~ o,~ o~.Z__ ~c ~' Los A 2005 AM Peak with Project VANASSFORT-ST51 4/2612002 JUN 2 5 2002 Sy~;.J ,, ,.., 5 i~,:,l.,o, t, Page 2 I I I I I I I I I I I I I I I I 2005-PM Peak Unsignalized Analysis Without Project 3UN 2 5 2002 I HCM Unsignalized Intersection Capacity Analysis 4/26/2002 3: US 41 & Greenwa¥ Road I ~ ~;~nfigurations Sign Control Free Free 'Stop Grade 0% 0% 0% I Volume (veh/h) 29 880 714 2 .. ' ".:1 . ~16 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 32 957 776 2 1 17 I Pedestrians Lane Width (ft) Walking Speed (ft/s) i Percent Blockage Right turn flare (veh) None Median type .- Median storage veh) I vC, conflicting volume' 778 : .L:, ,!797 ' 777 : vCl, stage 1 conf vol . ..~. -.-. vC2. stage 2 conf vol ,, tC, single (s) 4.1 6.4 6.2 I tC, 2 stage (s) r ~ ' ' tF (s) 2.2 3.5 3.3 pO queue free % 96 .99 96 I cM capacity (veh/h) 838 85 397 I Volume Total 32 957 778 18 Volume Left 32 0 .-0. /::1 ".?.-~: -...'-:-; ~., ...- ~" · '.. Volume Right 0 0 2 17 cSH 838 1700 1700 326 .: .. I Volume to Capacity 0,04 0.56 0.46 0,0.6 Queue Length (ft) 3 0 0 4 Control Delay (s) 9.5 0.0 0.0 16.7 I Lane LOS A C Approach Delay (s) 0.3 0.0 16.7 Approach LOS .C I Average Delay Intersection Capacity'Utilization 60.3% ICU Level of Service B I I I 2005 PM Peak without Project VANASSFORT-ST51 Page 1 I [~ I I I I I I i I I I I I I I I 2005-PM Peak Unsignalized Analysis With Project I I i I I I I I I I I I I I HCM Unsignalized Intersection Capacity Analysis 3: US 41 & Greenwa¥ Road Lane Configurations I~ ,~, '~. Sign Control Free Free Grade 0% 0% Volume (veh/h) 88 880 714 Peak Hour Factor 0.92 0.92 0.92 Houdy flow rate (veh/h) 96 957 776 Pedestrians Lane Width (ft) Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume ' 782 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.1 tC, 2 stage (s) tF (s) 2.2 pO queue free % 89 cM capacity (veh/h) 836 Volume Total 96 957 782 Volume Left . 96- , 0 0 Volume Right 0 0 5 cSH -, ,836 ~i700 i700 Volume to Capacity 0.11 0.56 0.46 Queue Length (ft) 10 0 0 Control Delay (s) 9.9 0.0 0.0 Lane LOS A Approach Delay ($) 0.9 0.0 Approach LOS 5 0.92 5 Stop 0% 3 49 0.92 0.92 3 53 None 1927-779 6.4 6.2 . ' 3.5 3.3 95 :-~87 65 396 57 ...306 '- ' 0.18 · 17' . 19.4 C 19.4 :C Average Delay 1.1 Intersection Capacity Utilization 60.5% ICU Level of Service B 2005 PM Peak with Project VANASS FORT-ST51 4/26/2002 JUN 2 5 2002 Synchro 5 Repo[[ Page 1. -I RCM UnSignalized Intersection Capacity Analysis I I I I I ! I I I I I Lane Configurations ~ Sign Control Stop Free Grade 0% 0% Volume (veh/h) 0 35 62 0 Peak Hour Factor 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 0 38 67 0 Pedestrians Lane Width (ft) . - .. · - Walking Speed (ftJs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume' 135 0 0 vCl, stage I conf vol vC2, stage 2 conf vol tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 100 96 96 cM capacity (veh/h) 823 1085 1623 Volume Total 38 67 ' 0 Volume Left 0 67 0 Volume Right 38 0 0 cSH 1085 1623 1700 Volume to Capacity ~0.04 ':.0.04 0.00 Queue Length (fi) 3 3 0 Control'Delay (s) ' 8.4 - 7.3 ' i'0.0 - Lane LOS A A Approach Delay (s) 8.4 7.3 0.0 Approach LOS A Average Delay 7.7 Intersection Capacity Utilization 13.7% Free O% 0 0 0.92 0.92 0 0 ICU Level of Service I I 2005 PM Peak with Project VANASSFORT-ST51 A A 4/26/2002 AGENOA J UN 2 5 2002 Synchro 5 Report Page 2 I I COLLIER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND I ARCHAEOLOGICAL SURVEY AND ASSESSMENT I I I I I I I PROJECT NAME: Greenway Road Zone Change DATE: April 30, 2002 LOCATION (COMMON DESCRIPTION): The S ½ of the NE ¼ of the NE ¼ of S 12/T51S/R26E, Collier County, Florida (Less the Easterly 30.0 feet thereof) and the S ½ of the S ½ of the N ½ of the NE ¼ of the NE ¼ of S12/T51S/R26E, Collier CountW Florida (Less the Easterly 30.00 feet thereof) (Containing 1,150,263.68 square feet or 26.406 acres more or less). SUMMARY OF WAIVER REQUEST: The request is to waive historic and archaeological survey and assessment due to characteristics of property. The property was previously used as a farm field and is currently vegetated with exotics. I I I I I I I I SECTION ONE.' A. Bo APPLICANT AND PROPERTY OWNERSHIP DATE Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): The Gilbros Company Mailing Address: 5841 Broadway Avenue, Cleveland, Ohio 44127-1716 Phone: (440) 842-8729 FAX: ( ) Name of agent(s) for applicant, if any: Vincent A. Cautero, AICP, Vice President of Planning Wilkison & Associates, Inc. Mailing Address: 3506 Exchange Avenue, Naples, Florida 34104 Phone: (239) 643-6752' ' FAX: (239) 643-5173 AGENDA ~TEM ~. JUii 2 ~ 2002 Page 1 of 4 0167 Waiver of Historic & Archeological Survey & Assessment Wilkison 8[ Associates, Inc. April 26, 2002 I C. Name of owner(s) of property, if different than applicant: Not applicable. I I Mailing Address: Phone: ( ') FAX: ( ,) I I I I I I I I I I I I Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Not applicable. Plat Book N/A Page N/A Unit N/A Block N/A Lot N/A Section 12 Township 51S Range 26E Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. Boundary Survey & Aerial enclosed. B. Property dimensions Area: 1,152,026 square feet, or Width along roadway: 865.69 Depth: 1330.76 26.4 acres square feet square feet JUN 2 5 2002 C. Present use of property: D. Present zoning classification: Vacant A ('Rural Agriculture) 0167 Waiver of Historic & Archeological Survey & Assessment Page 2 of 4 I Wilkison & Associates, Inc. April26,2002 I I I I I I I I I I I I I I I I I I 'SECTION THREE: WAIVER CRITERIA/WAIVER REQUEST A. Properties located within an area of Historical/Archaeological Probability with Iow potential for historical/archaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. The Community Development and' Environmental Services Administrator or his designee shall review and act upon the waiver_ request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. Waiver Request Justification Interpretation of Aerial Photograph: The site is vegetated with exotics. Remnant ~om-icultural ditches are present. There is a disturbed area t_hat appears to be a partial be~in along the southern boundary. 2. Historical Land Use Description: The previous use was a farmfield. The site is currently vacant and ha~q not been cleared for several years. 3. Land, cover, formation and vegetation description: There are no unique or rare. vegetation associatiOns present. Roughly, 50% of the site is covered by dense Braziliar3. Pepper. o Other: The remaining 44% can be classified as shrub and brushland with varvin~ de~xee~ of exotic plant infestations. Correspondence received from the Florida Division o.f. Historical Resources on April 22, 2002 contains a statement that no previously recordeq cultural resources were located on this parcel. This provision is to cover instances in which it is obvious that any archaeological or historic resource which may have existed has been destroyed. Examples would be evidence that a major building has been constructed on. the-site or that an area has been excavated as a quarry. The counsel of the cOmmunity Development and Environmental Services Administrator may seek Chairman of the Historic/Archaeological Preservation Board when it is not corn that the site is without archaeological or historic value. 0167 Waiver of Historic & Archeological Survey & Assessment Wilkison & Associates, Inc. Page 3 of 4 I I I I I I I I I I I I I 1 I SECTION FOUI~,.: A. CERTIFICATION The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. All information submitted with the application becomes a part of the public record and shall- be a permanent part of the file. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ½" X 14") folder. Signature of Applicant or Agent Vincent A. Cautero, AICP, Vice President of Planning Wilkison & Associates, Inc. Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION ** SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Adminislxator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditions on: 3. Denied on: ,,, (see attachmem) (see attachment) JUN 2 5 2002 Page 4 of 4 0167 Waiver of Historic & Archeoiogical Survey & Assessment April26,2002 I Wilkison & Associates, Inc. 0 ('~,~~) ~ · '" - ' Southwest Florida Troplcals ~Off I Cll~ 5-22-2002 Joe Schmitt Fred Reischl Collier County Government 2800 North Horseshoe Dr. Naples, FL 34104 Dear Joe and Fred: Thank you for calling and talking to me yesterday afternoon. Faxed with this note are copies of the Florida Statutes, which are pertinent to the proposed application for rezoning by Wilkerson & Associates on Greenway Rd. It is illegal to allow a project to go forward that negatively impacts agriculture in the State of Florida, and this project and proposed straight rezoning will do that. Although Greenway Road is the dividing line between urban and rural, BOTH sides of the road use Greenway Road for water discharge. What this means is that ANY increased zoning density (either a straight zoning change to higher density, or an approval of a particular project within that zoning) on either side of the road will impact agriculture in a negative way. The Water District has substantial documentation proving that Greenway Road has reached maximum capacity on discharge, and that major rain events during the summer causes flooding in areas of the Greenway Road system. The agriculture operations in the area all have permits to discharge water, and the inability to do this would cause great economic harm. The proc~s that Vince Cautero is trying to put through compromises the intent of the review process. He would have the application go to the Planning Commission without going before the Environmental Advisory Commission first. Then to the County Commissioners and then back to the Environmental Commission, then back to the County Commissioners. The net effect is that the Planning Commission never takes into account the EAC. Environmentally, it is a disaster...the proposed project is comprised of one-third heavy wetlands. The Corps of Engineers, under their guidelines would deny the project as well, not to mention the Water District, because of the water discharge issues. I do not speak for either of them, but I do understand their criteria for approving or denying a given project. As we discussed yesterday, please have the County Attorney review the Florida Statutes and render his opinion on this proposed project. I am requesting that this application be pulled from the public heating set for June 10 th. Please advise me on the County Attorney's review, and my request. Robert S. Bean Cc: Jim Coletta JUN 2 5 2002 10110 Laredo S~reet · Naples, FL 34114-3137, (941)774-3100 · Fax(941)774-3814 · emaih swfloridafishGattglobal, net· website: www. swfloddatfsh, corn ara I~i.~dl to human or alli~Tlal life. change in the type of farm product ~ir~} proouceo, a ~ m ~,~m~v,~ m ....~ -..---~ (5) W~N ~P~ION ~ ~~ ~ ~D.--~ ~ ~11 ~ ~ ~ ~ ~t an ~ ~n any ~i~e~ ~on or~Ina~ ~opt~ by a I~l 9ovem~m, a~ ~e ~ ~-~n~e~t ~ 252. Dilcliln~': The iniorm~tofl off this system is unverified. The journals or printed bills of the ~lSl~CtiVe ~ IdV:Add be oon~ll;~;I for official I~rPodm~. Copynght ~2000-2002 Stz~ of I:lon~. ~dal~BGL.i~. ~,ENDA JUN 2 5 2002 4/18/02 10~1 P) of 2 The 2001 Florida Statutes Public Nuisances ~n~lly (b) ~a~ o~rabon" ~n5 all condigns or a~viti~ by ~ ~r, ~e~, ~nt, inde~dent ~n~a~, and ~ppli~ ~i~ ~r on a fa~ In ~nne~on wl~ ~e p~u~ion of fa~ p~u~ and in~ud~, ~t ~ not:~ ii~t~ ~, ~ ~ebng of p~uce at ~d~de ~n~ or fa~ ~e~; ~ o~rabon of ~i~ and imgabon ~s; (d) ~undan~ d~ (4) ,.~Onli ne ~ · bunsnlne 'ffdm~0 ~ Sas~oe t Coiimittees ! Lqishlofs The 2001 Florida Statutes qriculture, Horticulture, ~ ~i~l ~ ~al q~ril ~ ~.~1 ~ ~ w~ ~ M N~ml ~~."~ ~m M~ ~t: (l) It ~ ~ ~blic ~IiW of ~is ~M and ~e pu~M of ~is ~ M ~i~l I~ ~iflMifl ~e ~u~ ~ (2) ~e p~fl ~ agncultural ~m~i~ iff ~ ~M Is a Mrge ~ ~ ~ ~ ~ ~t m (3) A ~ ag~ral In~u~ In ~Is ~te ~ui~ the ~t a~ ~ ~ ~ wa~ a~ ~y a~ (4) ~e e~ent and pmfl~le u~ of energy and water ~u~ in agn~i~ral p~u~ in ~is ~te Is o~n digit ~ a~mve ~u~ of pmble~ ~at am n~ well ~n or ~lly u~ ~y ~ ~e~ ~ (5) It is im~nt to the health and welfare of ~e ~ople of this s~te and to the economy of ~e ~te ~at (6) The laws and regulations ~at have caused problems for agricultural procluction in tills ~ate have Been primarily to i tack of adequate an(I intormed conS~clerataofl of the adve~e ~ auch law~ emt r~gu~l~a~ Hi, s~ory.--s, t2, c~. 83-3z0. Wetcome · session · ~ * ~ * L~ · Statutes aaa Constitutioq · ~, ~ DiKkdmM: The iniGn~lUon on this system is unverified. The,~ournals or prinlld' bills of the respectiv~ chlmllirl ihoukl lie oonmJIted fo~ offtc~l purposes. Copyright 0200O-2002 S&im of florkla. Gaf]MS Ld- loll JUN 2 5 2002 4~11~0: 9:48 J ORDINANCE NO. 02 - .AN ORDINANCE AMENDING ORDINANCE N-L~.IBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UrN'INCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONIN'G ATLAS MAP NUMBERED 1612N BY CHANGING THE ZO~G CLASS~ICATION OF THE HEREIN' DESCRIBED PROPERTY LOCATED ON THE WEST SDE OF GREENWAY ROAD, APPROXEMATELY 1 MILE NORTH OF U.S. 41 AND .APPROXIMATELY 3 1./2 MILES EAST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 12, TOXk.'NSHI~ 5i SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORDA, FROM 'A' AGRICULTURAL TO "RSF-5(3)" RESIDENTIAL SIN'GLE-FAMILY WITH A MAXIMUM DENSIIY OF 3 DWELLING UNqTS PER ACRE; PROVDING FOR SI,~MrF ANT) PLANNING COMMISSION STIPULATIONS: ANT) BY PROVIDING AN EFFECT1WE DATE. WHEREAS, Vincent A. Cautero, AICP. of Wilkison and Associates, representing The Gilbros Company, petitioned the Board ot County Commissioners to change the zoning classification of the herein described real property. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL.~TY. FLORIDA. that: SECTION ONE: The zoning classification of the rea! property as more particularly described bx Exhibit "A', attached hereto and incorporated by reterence herein, and located in Section 12. Township 51 South. Range 26 East. Collier CounLx, Florida. is changed lq-om "A' Rural A~icultural to "RSF-5(3)" Residential Single-Family and the Official Zoning Atlas Map numbered 1612N, as described in Ordinance 91-102. the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions in Exhibit "B'. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AC, ElbA ITrl~ JUN 2 5 2002 PASSED AND DULY ADOPTED b', the Board of Count:~ Commissioners o( Col!let C'ounU, Florida, this ~ da,,, ot ,2002. BOARD OF COUD4TY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .&PPROVED AS TO FORM ANT) LEGAL SLTFICIENCY .Matiorie M. Student Assistant County Attorney 2002 ~, (:~ ~, of tree Narth¢ast quarter- (~'~E-i/'4) of the Northeast qua.ret (NE-i/¢) of ......;¢-+ on 1), Townshio 51 South, Ranae 26 East, Ooii[er County, Fiorida ~essX' the Easterly 50.00 :ne South hslf (S-1 /2) of the Sou(n na',f (S-~/2) of the ' ~ ,'"2} , , . h, or..h hail ([N--i of tne Northeas~ :uarter ~NE-i,,'z) of the Nortneost quarter ~?'~E-1/'4') of Section ~2, Township 51 South, Range 25 F,a~ Ccii;er C,¢un~,, F[oridc. (Less the EGsterlv ¢0.00 CeCt thereof) (Cc.r, toh~ina 1,150,265.58 square feet or ~6.406 acres, more or ~e:;s: J UN 2 5 2002 RZ-2002-AR-2487 CONDITIONS 1. The maximum density permitted on this parcel is three dwelling units per acre. EXHIBIT "B" 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REVIEW PROPOSED AMENDMENTS TO THE C,a ?ITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; AND FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN AND FORWARD TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. OBJECTIVE: To initiate the review process for the County's statutorily permitted second 2002 Growth Management Plan Amendment Cycle. CONSIDERATIONS: In response to policy direction by the BCC to the County Manager, finalized on May 14, 2002, staff has drafted proposed amendments to the Growth Management Plan to support adoption of a new Transportation Concurrency Management System into the Land Development Code (LDC). This transmittal public heating before the BCC is step 5 (ID #5) on the attached "2002 Second GMP/LDC Amendment Cycle (Concurrency)." The transmittal of these amendments by the BCC xvill begin the 60 day review period by the DCA which will result in their issuance of an Objections, Comments and Recommendations Report (ORC). These proposed amendments would begin the process of transition from a once a year concurrency deternfination for roads to a real time "checkbook" methodology. The traffic impact of each local development order will be analyzed and applied to all impacted road segments prior to final approval. The Annual Update Inventory Report on Public Facilities (AUIR) will continue to be the concurrency status notification to the BCC for Water, Sewer, Drainage, Solid Waste and Parks. Capacity and allocations of each facility, except roads, will be monitored by the departments responsible for the management and plamfing for these facilities during the txvelve months following the policy direction by the BCC on needed projects and funding identified in the AUIR. However, the AUIR will include a "checkbook balancing" update only for roads with the day to day concurrency status of each road se~rtent subject to a real time evaluation by the Transportation Division of the impacts of each SDP, final plat and building permit. Capital Improvement Element (CIE) Staff is proposing the following categories of amendments to the CIE, in addition to real time roads concurren, cy related GOP's: Removal of Category "C" levels of service. Category "C" facilities are advisory nnly 3nd are neither regulated or enforced by the BCC through implementation of the GMr' Ordinance. Rei"noval of "government buildings" and "dependent fire districts" from Catei "B" facilities. The BCC gave staff direction at the 2001 AUIR meetim:j L JUN 2 5 2002 December 18, 2001 to delete these facilities from the GMP. These facilities are not required to be included in the GMP by statute and fall within the administrative authority of the County Manager's implementation of annual BCC budget and policy direction. 3. Revisions to the levels of services standards for Sewer, Parks and Libraries based on BCC direction to staff at the 2001 AUIR meeting. 4. Deletion of "Coastal High Hazard Area" policy 1.3.3. Staff recommends the elimination of this policy as it is outdated. Beach access acquisition is a political policy issue and is not required to be included in the GMP. 5. Schedule of Capital Improvements. Update of projects and revenue sources for all facilities based on direction by the BCC at the 2001 AUIR meeting. Transportation Element Proposed amendments include revised definitions for roads levels of service standards and approved development impact standards; removal of all references to Areas of Significant Influence (ASI); updates to the levels of service standards (LOSS) for state roads; definitions for the "constrained" and "backlogged" LOSS roads classification; and provisions to support the implementation of a real time "checkbook" concurrency management system for roads in the LDC. Future Land Use Element (FLUE) Amendments to the language of Policies 2.2 and 2.3 of the FLUE are proposed for internal consistency of GMP with the GOPs and implementation strategies for the concurrency management systems proposed in the CIE and Transportation Element. FISCAL IMPACT: The transmittal of these amendments will have no direct financial impact. Their ultimate adoption may impact the operating budget and staffing needs of implementing departments. GROWTH MANAGEMENT IMPACT: These amendments will support the adoption of a revised LDC, to implement a new concurrency management system as required by Rule 9J-5.0055 F.A.C. CCPC RECOMMENDATION: The Collier County Planning Commission was scheduled to review these amendments at an advertised public hearing on June 6, 2002. The hearing was continued to the CCPC meeting of June 20, 2002, after the delivery of this BCC amendments Executive Summary package. Staff will convey the CCPC recommendations to the BCC as part of the presentation of these amendments. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners forward the proposed GMP amendments to the Department of Community Affairs for review. JUN 2 5 2002 SUBMITTED BY: REVIEWED BY: APPROVED BY: "- ' Date: ~"'/"~'"'- ~'~ COMPREHENSIVE PLANNING MANAGER INTERIM PLANNING DIRECTOR Date: [ ObMMUNITY DEVEL__O_P._MENT & ENVIRONMENTAL L--~ERVICES DEPARTMENT JUN 2 5 2002 RESOLUTION NO. 02- ~ A RESOLUTION APPROVING AMENDMENTS TO THE FUTURE LAND USE ELEMENT; THE CAPITAL IMPROVEMENT ELEMENT; AND THE TRANSPORTATION ELEMENT OF THE COLLIER COUNTY. GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared Plan Amendments to the following elements of its Growth Management Plan: Future Land Use Element; Capital Improvement Element; Transportation Element; and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 1~,3.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board Of County Co Collier County, Florida, that: Words s ............ ~,, are deletion Words underlined are additions; JUN 2 5 2002 The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: BY: JAMES N. COLETTA, CHAIRMAN MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY 2001 GMP Transmittal Resolution Words underlined are additions; Words ............ ugh are deletions 2O02 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE 1-75/GOLDEN GATE PARKWAY AD HOC ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term on the I- 75/Golden Gate Parkway Ad Hoc Advisory Committee. CONSIDERATIONS.'.. This 10 member committee was created on February 27, 2001 by Resolution No. 2001-56 to provide input and guidance in the aesthetic appearance of the I- 75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the gateway to Naples and Golden Gate City, Collier County, Florida. The committee will be comprised of 7 voting members and 3 non-voting members. The voting members will be comprised of 2 members from the City of Naples, 2 members from Golden Gate City and 3 members from unincorporated Collier County. The non-voting members shall include a representative of the Transportation Division, the Community Development and Environmental Services Division and the Florida Department of Transportation. The committee shall be in effect until the construction of the 1-75/Golden Gate Parkway interchange improvements commence. A list of the current membership is included in the backup. Mr. Glenn E. Wilt, representing the Golden Gate Civic Association, resigned his position on March 6, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT James G. O'Gara CATEGORY Golden Gate Civic Association DIST ELECTOR ADV. COMM. I 2 [Yes I None COMMITTEE RECOMMENDATION: No quorum but consensus was to recommend the appointment of James G. O'Gara. I also contacted Cheryle Newman, President of the Golden Gate Civic Association and she indicated Mr. O'Gara was a member of the association and approved him as a representative of the association. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confu'ming the appointment. Prepared By: Sue Filson,' Executive Manager Board of County Commissioners Agenda Date: JUNE 25,. 2002 AGENDA ITEM No. _ ft _ - JUN 2 5 2 32 Pg._ / ,~rom: ;nt: O: Subject: lulich P Monday, June 03, 2002 4:33 PM filson s 1-75 a~d Golden Gate Parkway Interchange Ad Hoc Committee Sue, The 1-75 and Golden Gate Parkway Interchange Ad Hoc Committee did not have a quorum at Thursday's meeting but there was a consensus that Mr. James G. O'Gara would be a suitable committee member. He will be representing the Golden Gate Civic Association replacing representation once volunteered by Mr. Glen Wilt. Please let me know if there is any additional information you will need before this recommendation is made. Sincerely, Pam Lulich, ASIA Landscape Operations Transportation Operations (941)774-8494 1-75/Golden Gate Parkway Ad Hoc Advisory Committee Name Worl~ Phone ' ~4ppt'd Exp. Date Term Home Phone D~te.,~-appt 2ndExpDate 2nd Term Mr. Mark B. Morton 262-2600 05/22/01 commence 2233 Clipper Way Naples, FL 34104 District: 4 Category: Unincorporated Area Mr. Thomas A. Collin.q, II 2890 66th Street, S.W. Naples, FL 34105 District: 2 Category: Unincorporated Area 649-4900 05/22/01 commence Mr. A1 Moore 3390 Mystic River Drive Naples, FL 34120 District: 5 Category: Unincorporated Area 352-6357 05/22/01 commence Mr. William H. Poteet, Jr. 352-6822 6180 Star Grass Lane 403-3840 Naples, FL 34116 District: 3 Category: Golden Gate Civic Association Mr. Glenn E. Wilt 5019 31 st Avenue, S.W. 353-6843 Naples, FL 34116 District: 3 Category: Golden Gate Civic Association 05/22/01 05/22/01 commence commence Councilman Gary Galleberg 735 Eight Street South Naples, FL 34102 District: 4 Category: City of Naples 434-4601 05/22/01 commence Pa~e I of 2 ~ ' 1-75/Golden Gate Parkway Ad Hoc Advisory Committee Nallle Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 434-4601 05/22/01 commence Mayor Bonnie R. Macken~e 735 Eight Street South Naples, FL 34102 District: 4 Category: City of'Naples Ms. Pamela Lulich 2705 S. Horseshoe Drive Naples, FL 34104 District: Category: Staff- Non-Voting 774-8494 05/22/01 commence Ms. Nancy Siemion 2800 N. Horseshoe Drive Naples, FL 34104 District: Category: Staff- Non-Voting 403-2400 05/22/01 commence Mr. Brian Dennis 801 N. Broadway, P.O. Box 1249 Bartow, FL 33831 District: Category: FDOT - Non-Voting 05/22/01 commence This 10 member committee was created on February 27, 2001 by Resolution No. 2001-56 to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the gateway to Naples and Golden Gate City, Collier County, Fiodda. The committee will be comprised of 7 voting members and 3 non- voting members. The voting members will be comprised of 2 members from the City of Naples, 2 members from Golden Gate City and 3 members from unincorporated Collier County. The non-voting members shall include a representative of the Transportation Division, the Community Development and. Environmental Services Division and the FIodda Department of Transportation. FL STAT Staff: Pamela Lulich, Transportation Services: 774-8494 DATE: May 6, 2002 MEMORANDUI~ TO: FROM: Elections Office Sue Filson, Executive Manager ~oara oI Lounty Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please 1/st the commission district in which each applicant resides. 1-75 AND GG PKWY COMMITTEE COMMISSION DISTRICT James G. O'Gara 2344 Broadwing Court Naples, FL 34105 Thank you for your help. Pgo RECE/¥ED MAY 0 8 2002 County Coamfss MEMORANDUM DATE: TO: FROM: Ma? 6, 2002 Pamela Lulich, Transportation Services Sue Filson, Executive Manager ./~ ' Board of County Commissioner~Y~', 1-75 and Golden Gate Parkway Interchange Ad Hoc Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes.received for your review as follows: James G. O'Gara 2344 Broadwing Court Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: James G. O'Gara Home Phone: 239-403-0314 Home Address: 2344 Broadening Court, Naples, FL Zip Code: 34105 Fax No 239-593-1130 Business Phone239-593-+l100 e-mail address: Business: 5395 Park Central Court, Naples, FL 34109 Board or Committee Applied for: I- 75 / Golden Gate Parkway Ad hoc Committee Category (if applicable): Developer Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, ete. and positions held: Education: Master's Degree in Business Experience: 28 Years in the Real Estate Development Business Please attach any additional information you feel perttnent This application should be forwarded to Sue Fiison, Exe Board of Coun~ Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your applicati4 e-mail to suefilson~'collitrgov, net. Thank you for volunteeri~g to $~rve the t'~ti?ns of Collitr County. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ~IO ROAD BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 mee~ber to serve a 4-year term, expiring on March 3, 2006, on the Radio Road Beautification Advisory Committee CONSIDERATIONS:. This 5 member committee was established to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96-84. This committee also recommends work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. After initial staggered terms, terms will be 4 years. A list of the current membership is included in the backup. The term for Mr. Wolfgang B.P. Schulz expired on March 3, 2002. A press release was issued and resumes were received ~om the following interested citizen: APPLICANT CATEGORY Helen Carella I Briarwood Resident COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. 13I Yes I None Helen Carella FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 25, 2002 AC~NDA ITEM No. JUN 2 2.Z2 Pg._ \ To: From: Date: Subject: Memorandum Sue Filson Executive Manager, Board of County Commissioners Bob Petersen Project Manager, Landscape Operations June 4, 2002 Radio Road M.S.T.U. Vacancy Recommendation to the BCC The Radio Road Beautification M.S.T.U. voted unanimously, to recommend to the Board of County Commissioners, that Helen Carella be appointed to fill the vacancy on this committee. Transportation Operations Department AGE[NDA ITEM JUN 2 7, .£~;2 Saltte Radio Road Beautification Advisory Committee Ms. Susan Sauna 5060 Coldstream Lane Naples, FL 34104 District: 3 Category: Briarwood Mr. Dale L. Lewis 168 Oceans Boulevard Naples, FL 34104 District: 3 Category: Ms. Crystal K. Kinzel 498 Henley Drive Naples, FL 34105 District: 3 Category: Berkshire Lakes Mr. Wilfred Jaeger 139 Artic Way Naples, FL 34104 District: 3 Category: Foxfire Mr. Wolfgang B.P. Schulz 260 Lambton Lane Naples, FL 34104 District: 3 Category: Foxfire Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 793-9358 03123/99 03/03/01 2 Years 263-4030 04/10/01 03/03/05 4 Years 05/02/00 03/03/04 4 Years 643-7369 03/03198 03/03/00 2 Years 353.5477 05/02/00 05/02/04 4 Years 09/01/98 03/03/0I 3 Years 643-5029 04/10/01 03/03/05 4 Years 09/01/98 03/03/02 455-7909 4 Years IVedn~day, April 11, 2001 Page 1 of 2 Radio Road Beautification Advisory Committee Work Phone Appt'd EXp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on October 21, 1997, by Ordinance No. 97-52 to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96-84. The commiffee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. Terms are 4 years. FI_. STAT 125.01 5~aff.- Mike Levy, Secretary I1:774-8494 }Vednesday, April 11, 2001 Page 2 of 2 MEMORANDUM DATE: TO: FROM: May 23, 2002 Elections Office ~.~ Sue Filson, Executive Manage[/']'..' t Board of County Commissioning" Voter Registration - Advisory Board Appointments The Board of County Commissioners w/Il soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. RADIO ROAD BEAUT ADV COMM COMMISSION DISTRICT Helen Carella 5090 Coldstream Lane Naples, FL 34104 _5 Thank you for your help. MEMORANDUM DATE: TO: FROM: May 23, 2002 Bob Petersen, Landscape Engineer II /~ Transportation Department ~ t Sue Filson, Executive ManagE ~ ' Board of County Commissioneaw~ Radio Road Beautification Advisory Committee As you knnw, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Helen Carella 5090 Coldstream Lane Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sumnmry for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tami~mi Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 e£C v 8oard of' C :~ ' Application for Advisory Committees/Boards Fax No. ~"'-' Bmin~ Phone: Board or Committee Apphed for: Category (if applicable): Exampk: CommbMon Dbtrict, Developer, emdron mtaliak lay per~m~ etc. Are you a registered voter in Collier County: Yes ~ Do you currently hold public office: Yes No If ~o, what ~ that offS? No Do y~ now ~ or have you ever ~ oa a Coaior Coamy beard or mmmittee; Ye~ lfy~, please Iht the commltteeUboard~: PleaseJist your ~ommunity ,ctiv'.~i~. ' (civic clubs, .e, ighborho~d as~_ cittJonz, EXECUTIVE SUMMARY. APPOINTMENT OF MEMBER(S) TO THE BA¥SHO~AVALON BEAUTIFICATION MSTU , WSOR¥ comarrrF-E OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on March 3, 2005, on the Bayshore/Avalon Beautification MSTU Advisory Committee. CONSIDERATIONS:. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. Ms. Jean Carpenter resigned her position on this committee on March 18, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIS__._T.T ELECTOR ADV. COMM. ['"~dmund I. Mc C~ Resident ~]~]~None COMMITTEE RECOMMENDATION: Edmund J. Mc Carthy FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the ~ccommcndation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 25, 2002 To: From: Date: Subject: Me morandum Sue Filson Executive Manager, Board of County Commissioners Bob Petersen Project Manager, Landscape Operations June 12, 2002 Bayshore Beautification MSTU Vacancy Recommendation to the BCC Sue. at their regularly scheduled meeting on May 8, 2002 held at 4:00 pm. The Bayshore advisory conunittee voted to approve Edmund J McCarthy, who resides within the boundaries of the MSTU, to the vacant seat on the Advisory Committee. Transportation Operations Department Bayshore/Avalon Beautification MSTU Advisory Committee IVork Phone Appt'd Exp. Date Term ~X/atne Home Phone DateRe-appt 2ndExpDate 2nd Term Ms...lean Carpenter ~ 04/24/01 03/03/05 3412 Lakeview Drive f ~,1:~'o''~ 775-5663 Naples, FL 34112 District: 4 Category: Resident Mr. Thomas L. Welstead 3762 Haldeman Creek Drive Naples, FL 34112 District: 4 Category: Resident 732-1917 Mr. David L. Benson 4503 Lighthouse Lane Naples, FL 34112 District: 4 Category: Resident Mr. Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 District: 4 Category: Resident 4 Years Mr. Bill L. Neai 3839 Clipper Lane Naples, FL 34112 District: 4 CategotT: ' Resident ! 1/27/01 03/03/05 3 Years 11/27/01 03/03/02 3 Months 11/27/01 03/03/06 4 Years 263-0572 08/03/99 03/03/00 8 Months 774-7022 02/22/00 03/03/04 4 Years 774-6325 03/03/98 03/03/00 2 Years 0222/00 03/03/04 4 Years H'edne~day..~'ovember 28, 2001 Page I of 2 Bayshore/Avaion Beautification MSTU Advisory Committee Worl' Phone Appt'd Exp. Date Term Name H,~me Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL STAT 125.01 Staff.' Mike Levy, Senior Secretary, Transportation Services Director: 774-8494 ib'ednesday, Novernber 28, 2001 Page 2 of 2 P~ ~ DATE: May 6, 2002 MEMORANDUM_~. TO: FROM: Elections Office Sue Filson, Executive ManageN,~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/AVALON BEAU MSTU ADV COMM COMMISSION DISTRICT Edmund J. Mc Carthy 3760 Haldeman Creek Drive Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: May 6, 2002 Mike Levy, Senior Secretary, ~~rtation Department Sue Filson, Executive Manager,,~ Board of County Commissioners Bayshore/Avalon Beautification MSTU Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Edmund J. Mc Carthy 3760 Haldeman Creek Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 5-82-2882 4:44P~ FROM SUPPORT SVC ADMIN 941 774 8728 P. 1 /' "i994 iB=i~ 941-774-4562 RECEIVED ~n'i] 24,2002 2002 Board Edmund J'. Mc Catthy 3760 Halde~ Creek Duiv~. Na~es Fiofi~ 34112 J am tmen~od in =i~t~ir~ for ~ posi~iom on ~itl',er tl~ 'cRA AdVisory Conunittee o~ ~ Bayshor~ MSTU Co-'mJnitt-e~. Ex~."dtiYu b~sl;t~-~ Bus~s Lo.v~tn Coik~ 197g ,mo ~o ~e tt develop into an o~[ni ~mmonity. Pment _ ~I~ ~,, ~ 5 2002 ~ ? , MAR--18--O~ PM CARPENTER 5665 Morch 18, ~00~ Board of Collier CounO~ Commissioners 3001 East Tamiami Trail Naple&, FL 34112 RE: Bayshore/A valon Beaudfcation MSTU Advisory Commiltee To Wttom it May Concern: Due to employment conJlicts, I regret that I must resign from the Bay.~hore Beautifcation Committee effective March 18, 2002.. My sincere apologies for whatever btconvenience thL~' may cattse. I want to thankyoufor the opportunity ! have had to serve on this Board, and regretfully resign. rive Naples, FL 34112 2 2002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY HOUSING FINANCE AUTHORITY OBJECTIVE: To appoint 3 members to serve on the Collier County Housing Finance Authority. CONSIDERATIONS: This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. A list of the current membership is included in the backup. The terms for John T. Com'oy, Jr. and Thomas M. Palmer has expired and Ms. JoAnne M. Kuehner resigned her position on May 22, 2002. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael J. Cart, Sr. Real Estate and Finance 5 Yes None George C. Mohlke, Jr. Labor and Commerce 4 Yes Health Facilities Authority John T. Conroy, Jr. Real Estate and Finance 4 Yes Housing Finance Authority Daniel H. Cox Attorney and Finance 5 Yes None Bill West Finance 3 Yes Airport Authority & Smart Growth Advisory Committee David P. Hopstetter Attorney and Finance 2 Yes None COMMITTEE RECOMMENDATION: Michael J. Carr, Sr. - term expiring June 25, 2006 George C. Mohlke, Jr. - term expiring April 13, 2003 John T. Conroy, Jr. - Reappt.- term expiring August 3, 2005 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confu'ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 25, 2002 JUN 2 5 2002 Pg., I _ (941) 263- 8060 DONALD A. PICKWOI~TH, P.A. fiI. TTORNEY AT LAW SUITE 60f~ NEWGATE TOWER 5150 NORTH TA~IAMI TRAIL NAPLES, FLOR[DA 34103 June 12, 2002 FAX (941) 598-t161 Sue Filson Administrative Assistant Board of County Commissioners Collier County Courthouse, Building"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Appointments to Housing Finance Authority Dear Sue: The Housing Finance Authority has three current vacancies as a result of the resignation of JoAnne Kuehner and the expiration of Tom Palmer's and Jack Conroy's terms. We understand Mike Can', Sr. and George C. Mohlke have applied for appointment and Jack Conroy has applied for re- appointment. The Authority has discussed these applications and recommends the appointments or re-appointments as set forth. Mike Carr, Sr. is a commercial real estate broker and Senior Vice President of Coldwell- Banker. He brings to the Authority substantial experience in analyzing real estate transactions xvith his M~owledge of finance and commerce. Chuck Mohlke is 'knoxvn to all the Board members. He brings to the Authority a wealth of 'knowledge conceming the local labor market and local commerce and workforce housing needs. Jack Conroy's term expired August 3, 2001 (under the statute governing Housing Finance Authorities members continue to serve after an expiration until their successor is appointed) and he is requesting re-appointment. Jack is an original member of the Authority and has served on the Authority since its formation in 1980 and has been Chairman since 1982. He is a commercial real estate broker and'an acknowledged expert in the financial analysis of real estate transactions. Accordingly, the Authority has requested me to convey to you its recommendation for the appointment of Mike Carr, Sr. for a four year term beginning the date of the Board action, the appointment of George C. Mohlke to fill the unexpired term of JoAnne Kuehner, which expires on April 13, 2003, and the re-appointment of John T. Conroy, Jr., with a term to begin on the expiration of his last term (8/3/01) and to run for four years from that date. If you need further information, please give me a call. Very},o)ly yours, Donald A. Pickworth General Counsel Housing Finance Authority Name Mr. John T. Conroy, Jr. 3255 North Tamiami Trail Naples, FL 34103 District: Category: Commerce Mr. T. M. Hayes 150 North Street Naples, FL 34108 District: Category: Accounting tVorl~' Pho, e Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term (.~~e°/'_ 261-3400 08/05/80 08/01/81 I Year .;~...~.o~' 04/24/98 08/03/01 4 Years 262-8686 566-3614 l 0/I 2/99 10/12/03 3 Years Mr. Thomas M. Palmer 5811 Pelican Bay Blvd., Suite 102 Naples, FL 34108 District: Category: Finance Ms JoAnnc M Kuehner ~e~ ~]/34 7183 . . ~ ~, ~, ~.,~ 7.., ~- - 1537 Grodon Drive ~ CD.a,,{ ~' Naples, FL 34102 ~' District: Category: Social Work 566-2300 03/31/98 08/03/01 4 Years 06/12/01 04/13/03 2 Years Mr. Gary D. Lind 4001 Tamiami Trail North Naples, FL 34103 District: Category: Finance 262-8800 03/21/95 03/21/99 4 Years 04/13/99 04/I 3/03 4 Years Wednesday, June 13, 2001 Page I of 2 AGENDA I:I'TEM Housing Finance Authority ~Vork Phone Appt'd Exp. Date Term Name Home Phone Dine2 'e-ai~pi 2ndExpDate 2ttd Term This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance, or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. FL STAT 159 Staff: Attorney Don Pickworth: 263-8060 IFedn~wda),, June 13, 2001 Page 2 of 2 MEMORANDUM DATE: May 29, 2002 TO: FROM: Elections Office _~, Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HOUSING FINANCE AUTHORITY COMMISSION DISTRICT Michael J. Cart, Sr. 11466 Longshore Way, W. Naples, FL 34119 George C. Mohlke, Jr. 1400 Pompei Lane, #45 Naples, FL 34103 John T. Com'oy, Jr. 3201 North Tamiami Trail Naples, FL 34103 Daniel H. Cox 696 12th Avenue, N.E. Naples, FL 34120 Bill West 5703 Drummond Way Naples, FL 34119 ¥ '":-_2: David P. Hopstetter 433 Raven Way Naples, FL 34110 Thank you for your help. MEMORANDUM_ DATE: May 29, 2002 TO: FROM: Donald A. Pickworth,.>~ - 5150 N. Tamiami Trail, #60'~ '~/ . ii ~ Naples, FL 34103 . .;~...~' ~ Sue Filson, Executive Manag~'"f"- Board of County Commissioners Housing Finance Authority As you know, we currently have vac .ancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Michael J. Carr, Sr. 11466 Longshore Way, W. Naples, FL 34119 George C. Mohlke, Jr. 1400 Pompei Lane, #45 Naples, FL 34103 John T. Conroy, Jr. 3201 North Tamiami Trail Naples, FL 34103 Daniel H. Cox 696 12th Avenue, N.E. Naples, FL 34120 Bill West 5703 Drummond Way Naples, FL 34119 David P. Hopstetter . 433 Raven Way Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. NOI. ~ O _ SF pg. Attachments __ - MAY. 24. 20O2 l'52PM COLDWELL BANKER FM NRT N0.1624 P. ' HAY 2 ~1 200~. Phone: Fax: Toll free: 239.261.1113 239.261.0037 800.767.2998 To: ~'~- F, L. 3'-,'-I From: 1'~1I~---''i~ ("'t~(~"" Phone: P~: Re: CC: ~ U~ent ~ For Renew ~ Please Co~nt ~ Please R~ ~ ~ R~uest~ #1 in Florida #1 in Southeastern USA Pg .... '.,.,{AY, 24. 2002 !'B2PM COLDWELL BANKER F!4 NO. 182~. PmLP, 2mr2 Mike Carr Sr. From: Donald Pickwo~lt~ <picklaw~earthlink-net> To: Mik~ Can'. Sr. <mcarmr~cotdwellbankedl.net> Sent: Tuesday. April 30, 2002 9:28 AM Subject: Applic, stion form for Housing Finance Authority Mike: Here is the County's form, from their web page. get it to Sue Filson. Thanks. Please fill out and send to me. I will Don Pick-worth Board of County Commissioners 3301 East Tsmiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-:}602 Application for Advisor~ Committees/Boards Name: Home Address: I t ,-4/~/~ Lc~,,~Z~ ~'~Y Fax No. '~61- Business: Business Phone: Home Phone: .Zip Code:__ e-real addrc~s: ~x Board or Committee Applied for:_ ~"" a ~ '''~ Category (if applicable):_ Are you a registered voter in Collier County: Yes Do you currently hold pubfic ofli?T' Yea No If ~o, what b flaat office? No Do you =ow se~e. or have yo~ ever se'~ed, eea Co~ Co~ ~ ~ ~i~? Y~ . Pl¢n~e llst your community activities (elvlc clubs, n,:-~ghborho0d a~ociattons, etc. and positlou~ held: Ji'~'.' 2 MAY, 24. 2002 ~'52PM COLDWELL BANKE~ FM NO. 1624pa~,_S.~f2 MAY. 24. 2002 t'52PM COLDWELL BANKER H~ NO. 1624 P, 4 Ed~caiion: Educl~lon: Re~l Estate Designations: Employment:. Business Ac£omplishments~ Professional Recognition: Clients; Qualifications of Michael J. Carr, St'., CCIM, $IOR 11466 Langsho~ Way W~t N~I~ FIofi~3~119 Mov~ to Napl~ J~y, 1978 B=helor ofS~ M ~duaMal M~ag~t 1~0 Univ~ of C~ci~ F[o6da SM~ Liceme 19~0 Flofi& br~e~ Licen~ 1982 CC~ - One of ap~ox~tely 4500 who ~ve ~ pr~i~o~ "PhD' ofCo~cial Rc~ SIOK- one of ~pmx~tely 1900 m~b~ of~e "S~i~ of S~inr Vice ~id~t ofCol~ell b~er McF~d~ & Sp~wls; M~a$em~t of~d ~ible for ~1 ~iM ~ ~e activi~ ~d ~ia[ pro~ ~~t. Approxi~ely ~0 ~$ociat~ ~d ~in Napl~ ~d Ft. My ~o~ co~i$$inn m~ ~ 1 M Hodda ~d ~ world wi~ out of ~s~ia~s in 1999. Took co~ci~ di~sion ~om fo~ ~so~at~ ~d $5.~,0~ in ~ m 1991 to over 20 + ~so~i~ ~d o~ $1~,~0.000 ~ sM~ M 1999. '~op T~' ~ldwelt ~er ~liae (~ by ~ ~ion Income) in ' Collier ~un~ Co~ion ap~int~ ~ ~¢ of 12 to ~e on ~ "Co~I of Economic Ad~" ~ 1994 =Appoint~ by Colli~ Co~ Co~ion to s~e on ~R~ to ~v~uat~ and ~o~end on ~c co~s Comprehe~ive ~o~ PI~: ~y re~tor. S~ an Fu~e ~d U~ · Di~ctor of P~li~ ~on~ B~ ~b~) 1 · 2~. Vice Pr~ident of Florida H~ebuildees ~o~aion. Hi~m offi~ for · Key foundMg m~, offic~ ~d tim ~ocia~ of ~e y~ for ~Ilier Building IM~ ~soci~on (~IA). · Fo~ D~tor ofN~l~ ~ bo~ of Re,tots ~OR) md ~t me~ of~rof~sio~ S~ds ~~. Flofi~ · 1998/1995~000 M~b~ of Coldwell B~ ~e~ Council. ~e of 10 chos~ to ~ new N~o~ C~I. N~l~ ~iW Ho~i~ T~ H~s T~ ~i~ H~ ~ lo~ ~11 T~ N~ bus~ ~ SW Florida Wffii~ T. Hi~ SMw A~ Devic~ 85/24/2882 18:16 94126211582115821891 FRASER MOHLKE PAGE EC£!VE > 2 2002 Fraser & Moblke Associates, Inc. 1400 Pompei Lane - Unit 4S Post Office Box 2312 Naples, Florida 34106-2312 Telephone: (941) 262-1410 Tele~opier: (941) 262-1150 e-nmll: fr4tmoh~ol.com May 24, 2002 The Honorable gue Filson (774-3602) Executive Manger Collier County Board of Commissioners 3rd Floor - W. Harmon Turner Administration Building County Government Center Naples, Florida 34112 Dear Ms. Filson: RE: Hol~4ing Finance Authority of Colher County In respome to the notice of a vacancy, I am submitting my name for Board consideration for the position of a member of the Housing Finance Authority of Collier County. Enclosed is an "Application" for you review and comment. If you require further information, I welcome your inquiry and I will sub- mit the required response in a timely manner. Thank you for your consideration tn this matter. 85/24/2882 18:16 94126211582115821891 FRASER MOHLKE PAGE 82 Board of County Commlsston~r~ 3301 East Tamiami Trail, Naple~, Florida 34112 Telephone: (239) 774-8097 Telecopier: (239) 774-3602 Application for the Houxin_e Yinance A~thority of ]bl_all~: George C. "Chuck" Mohlke, Jr. ~relephone: (239) 262-1410 l:i9~.e~k!r-~ 1400 Pompei Lane - Unit 45, Naples, Florida f, ilLC,_o_~: 34103 ~ (239) 262-1150 ttillill~u.P.]192~: (239) 262-1410 ~ll~!.ilI~e~: framoh@aol.com ~: Fraser & Mohlke Associates, Inc., a market research company ~: Busmes~person Ar_e_y_~ll_~te_~stered voter in Collier Count?: Yes (Voter registration number: 31275) Do you cum, ently ho~; No Do_ you now serve, or have you ever served: on a Collier County board or cor.amittee: Yes please list the committee~/boards: Rural Fringe Area Assessment Oversight Committee (1999 - 2002), Collier County Electiom Resource Committee (2001 - F,002), ColLier County Health Facil- ities Authority (2001 to present), Collier County Transi~ Review Advisory Committee (1998 - 2000), Metropolitan Planning Organization Citizens Advisory Committee (1987 - 1995, Chair- man, 1990 - 1995), Collier County Fire District Con.solidation Study Group (1988 - 1991, Chair- man 1988 - 1991), and Tourist Development Council (1983- 1987, Vice Chairman 1985 - 1987). p.j?a~e list your community, activities (civic clubs_, nei_~hborhood a~sociatior~, ~c.. held: I have served as a member of the Board of Directors of Carver Finance, Inc., a fiduciary- oversight board that monitor~ the George Washington Carver Apartment~ on behalf of the Naples City Council (1983 - 1992, Chairman 1985 - 1992); David Lawrence Community Mental Health Center (1997 - 2000); Planned Parenthood of Collier County (1995 - 2001); Greater Naple~ Civic Associatien (1987 - 1989); and the NAACP (1983 - 1987, 2nd Vice President 1985 - 1987) among others. I have served as the Ch,air of Collier County's Democratic Executive Committee since 1988 and as Colliers State Committeeman ~ince 1998; I am a member of the Florida Democratic party's Central Committee and its Judicial and Pules committees; I was elect- ed to the Democratic National Committee in 2000. In 1991, Governor Lawton Chiles appoint- ed me a~ a member of the selection committee which recommended the site of Florida Gulf Coast University (FGCU) to Florida's Board of Regents. I was a founding member of Affordable Housing of Southwest Florida, Inc., a grOUp whose activities led to the development of Jasmine Cay, a below-market-rate apartment complex located in Naples' River Park community, ~ University of Minnesota, Bacheloz of Arts (cum laude). _Experience: The opportunity to serve on the Hotming Finance Authority of Collier County would permit me to utilize my' community-service experience and market-research background to evaluate al:rplicar~t proposals to construct housing developments to serve low- and moderate- income per~ons in Collier County and the supporting pro forma operating statements ~xtbmit- ted by those applicants seeking bond financing that the Authority may consider for is.~ae, L. f 08/10/01 17:15 F.EI 9412617579 GRUBB AND ELLIS ~001 Donna Fiala Oistdct 1 James D. Carter. Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Flofidc 34112-4977 .~'~'~1 (941) 774-8097 · Fax (941) 774-3602 ICi i Mr. John T. Conroy, Jr. 3255 North Tamiami Trail Naples, FL 34103 June 29, 2001 RE: Housing Finance Authority Dear Mr. Com-oy: Your term on the above-referenced advisory committee expires on August 3, 2001. In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish to be considered for another term, please submit an updated resume and a letter indicating your interest in continuing to serve on the committee to this office before the July 20, 2001, deadline. If you have any questions regarding this procedure, please do not hesitate to contact me at 774-8097. /sf Enclosure cc: Donald A. Pickworth 5150 N. Tamiami Trail,//602 Naples, FL 34103 Sincerely, Sue Filson, Administrative Assistant NO. 9" JL¢! 2 5 Board of County Commissioners., 08.~_/1.3/__01_.16~:0_9 FAX 9412617579 GRUBB AND ELLIS ~001 NAIVe_ ADDILES~S POSITION DESCRIPTION P. ESUM John T. Conroy, Jr., CCIM Grubb & Ellis [ IPC 3201 North Tamiami Trail Naples, Florida 34103 Chaimaan, lnvestmcmt Properties Corporation president, Income Properties Consulting of Naples IPC was founded by John T. Com'oy, Jr. in Or, mi:m, 1976 anti has speci_Mi=,ed in Comm~cial ~ Investment Peal Estate since that time. Between 1993 and 1999, IPC was owned by John R. Wood, Inc.; in 1999 the corporation became independent again Ami affiliated with Crmbb & Ellis, a nationwide Commercial Real Estate Bwkerag¢ firm. The firm performs the following re. al estate services: Commercial/Investment Real Estate Brokerage · Office leasing · Retail leasing · Industrial leasing · Income property acquisition and disposition Development Services · Shopping c~nters · Office parks and buildings · Industrial parks and buildings · Subdivisions Income Properties Consulting of Naples remains as the Consulting and teaching vehicle for John T. Conroy, Jr. A(~NDA'~ Pg._ 08/13/01 16:09 FAX 9412617579 GRUBB ~ ELLIS ~002 John T. Conroy, Jr. CCIM Resume, Page Two EDUCATION University of Notre Dame, 1959 BBA, with M~jor i~ Mathematics Fordham Uuivcrsity, 1961 MA in philosophy Fordham University, 1961-62 Doctoral Studies - SCHOLARSHIPS U~versity of Notre Dame, 1993-2001 Continued Summer Courses in Graduate ~ent of Theology Fred B. Snit~ Full Scholarship to Norm Dame, 1955 Cardinal Stritch Full Soholar.2aip, 1955 Sunior Achievement Scholarship, $1,000.00, 1955 Woodtow Wilson National Fellowship, 1959 EXPERIENCE * 1961-63 Philosophy Instructor, Iona College * 1963-1969 General ConUactor, Naples 22 Condominium Projec~ as General Contractor 2 Hotels as General Contractor 2 Retail strip ccnlers 2 Churches 3 Office buildings 9 Misoellaneous structures * 1969-1970 Realtor Associate, Dowaing-Frye 3 Land Syndications, $2,000,000 1 Commercial bailding &velopm~mt, $500,000 1970-1976 Vic~ President, Naples Southern Realty, Inc. 3 Condominium projects I Subdivision project Participated in s~,p~rvision of 22 Associates 1976 - 1999 President, Iave~tment Properties Corp. 1993 - 1999, Senior Vice President, John R. Wood, Inc., Realtors. 1999 - Present, Chairman of Board, Inveztment Propertie. z Corporation~ ': 2 5 2002 pg. I~' 08/13/01_.16:09 F.~ 9412617579 GRUBB AND ELLIS ~003 John T. Conroy, Jr. CCIM Kesum6, P~e Thrcs DEVELOPMENT EXPE_'K] ENCE_ The Legal Centre . A commercial condominium $1,200,000 conversion; 1976 - Aqualane Terrace Office building, syndication; 1976 - $600,000 Lakeview Terrace Retail building, syndication; 1977 - $350,000 Thc Fafffield Apartments 24 Unit conchaminium conversion; 1979 - $1,440,000 First National Bank Building Office building; 1980 - $650,000 Lakewood Plaza Neighborhood shopping c~ter; 1981 - $1,000,000 The Commons I Office buildings; 1982 - $3,250,000 Downtown Mini-Storage Mini-storage facility; 1982 - $2,500,000 The Hom~ Design Center Shopping center/syndication; 1984 - $1,550,000 Northgate Village 54 unit cluster home d~veloprn~nt; 1985 - projected $7,300,000 Collier County Production Park Industrial Park, 83 acres; 1984-1987 The Home Design Center-II Neighborhood shopping center; 1986 - $3,200,000 Patriot Square Neighborhood shopping center, 1987 - $2,200,000 Standard Brands Plaza Neighborhood shopping center; 1988 - $1,800,000 ..... 2 2002 08/13/01 16:09 FAX 94126Z7579 GRUBB ~ND ELLIS ~004 John T. Conroy, ~r. CCIM Resume, Page Fou~ Thc Common~ UT Officc building; 1988 - $2,400.000 PROFESSIONAL ORGANIZATIONS Thc Commons V Medical office building; 1989 - $5,000,000 Standaxd Brands Plaza-H Retail shopping center, 1990 - $4,600,000 F. ztey Air Plaza Shopping cenl~r; 1990 - $1,500,000 Estey Air Plaza Phas~ H Shopping Center, 1996-$2,300,000 BROKFRAGE EXP~~ Between 1976 aad 1993, Investment Propexties Corporation listed, leased, and sold every type of commercial and invcstment real estate, incluttin~: · Raw acreage (sate) · Hotel sites (sale) · Apartme~ sia:s bale) · Fast food and restaurant sites (sale and lease) · Office buildings (sale and lease) · Shopping centers (sale and lease) · Industrial buildings (sale and lease) · War~ouses (sate and lease) Wood/IPC Commercial Division continued the forgoing, until 1999, and IPC continues to th~ pre~nt, handling approximately $90 million in Wansac~ons per year. CCIM Institut~ (the subdivision of the National Association of Realtors dedicated to commex~ial and investm~t real estate) Certified Co_mme..iai-Investment Member 1978-1996, Senior lsus'tr~tor in CCIM courses 1985 Designated Coupes Committee C~aizman CIREI Councillor siac~ 1982 1985 Sram CCIM Chapt~ President 1990 CF105 Senior Instructor of thc Y~ar 1990-1991, Education Lop.~-Range pl~ning Committe~ · 1994-2001. CIREI Education Fotmdation, Treasurer 1998-9 08/_1_S/01 16:09 F3,X 9412617579 GRUBB ~.ND ELLIS ,~av~ John T. Conwy, Jr. CCIM Resum6, Page Five Naples Area Board of Realtors · Realtor of the Year, 1979 · Bo'~ President, 1981 1~: .,,.,~zturing Task Force., 1994-1996 Collier County Contractors Association · president, 1966 COMMUNITY ORGANIZATIONS. Naples Area ChAmber of Commercc~ · Prc.~idcnt, 1979 · Chairman, Political Action Committee, 1981 United Fund. - Director, 1976-1981 Community Concc~,,. · Director, 1981-1986 Collier Co,-mt7 Housing F~nance Authority · ¥icc-Chaima~ 1979-1981 · Chairman, 1982 - Present Collier County Mental Health Association. Director, 1980 Southwest Florida Mental Health Distric! · Bo~! - Director, 1981 Collier County Road Bond Issue Committee -. Chairman, 1979 Region_alFLhrban Design Assistance Team of the American ~x~titute of A~chitccts, Land Use Economic Development Task Force Chairman, Economic Development Task Force, 1987 Central Naples parking Committee -- Member, 1988, 1989 Collier Beach preservation Socict~ -. Director, 1987 - 1992 The No~c Dame Club of Southwest Floricla~ · President, 1990 & 1991 & 1997 J 2 5 2002 08/13/01 16:10 FAX 9412617579 CRUBB ~1) ELLIS ~006 John T. Com'oy, Jr. CCIM Resum6, Page Six Collier Cultural and Educational Ccnter~ Inc... Trustee, 1991 - 1996 Affordable Housing Task Force . Member, 1991 - Present Reality_ elopment Task Force - City of Naoles · Vice Chairman, 1992-93 Edison Community College · End~ Committee - Dimc~r, 1992-94 · Collie~ Campus Development Committee- Member, 92-94 Collier Athletic Club · President, 1992 CoromuniO/' R~_,~,elopment Agency Advisory Board Member, 1993-1994 Florida Real Estate Commission Education and Research Foundation Member, 1992-95 Chairman, 1996 TEACHING EXPERIENCE OUTSIDE DIRECTOR Iona College, 1961-63, Philosophy Edison Community College, part-time, Philosophy, 1967- 1977 Barry University, part-time, Philosopl~y, 1987-1991 Commercial Investment Real Estate Institu~., Senior Instructor, 1978-Pre~nt St. Ann Churh, Scriptur~ Classes, 1997-2001 Federated Invest. on (a family of mutual funds), Pittsburgh, Peamsylvania, having over $150 Billion under x~nagement or administraliol~, as of August 1~ 2001) SYNDICATION Partnership Properties Corporation was a wholly owned Broker/Dealership licensed by the State of Florida and a member of the National Association of Secmities Dealers from 1982 to 1991, handling th~ underwriting of re~ estate syndications. Partnership Properties Corporation personnel created raw land, office and shopping center group invesiments. Syndication limiv, a to pro6-cts created by the parent organization between 1982 and 1991. jUL 1 7 200! R. BRUCE ANDERSON CLAY C. BROOKER TASHA O. BUFORO DANIEL H. Cox TIMOTHY S, FRANKLIN DAV~O P. HO~STETTER' C. LAURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNg D~wo B. E~wm A.J. J,- SPALLA ~ 0 ~ Board of Coun~ Commissioners Administrative Building, 3rd Floor 3301 Tamiami Trail East Naples, FL 34112 REPLY TO: ~ard of ¢0unt8 C0mm!s$i0~rSNaples July 16, 2001 GALLIE'$ HALL ;~;~5 SOUTH ADAMS STRE~'T SUITE 200 POST 0FF~¢E BOX t833 (ZiP 3E302-1833) TALLAHASSEE, FLORIDA TELEPHONE (850) 2E2-7E06 TELECOPIER {~50) 56~-6834 SuNTRusT BUILDING 801 LAUREL 0,~ Dmv~ SUITE 300 POST 0rr~cE Box 7907 IZIP 34101-7907) NAPLES, FLORIDA 34108 TELEPHONE (941) 597-2814 TELECOPIER (941) 597-1060 Letter of Interest for Consideration for Membership Vacancy in Housing Finance Committee Dear Commissioners: appoi, ntment. . Sirtcgre'ly, uani6t H. Cox DHC/sek Enclosure as noted FSuscr$~thc',Colli~' County Board of County Commissioners 7-16-01 .wpd ;L, .'. DANIEL H. COX P.O. Box 7907* Naples, FL 34101 * (941) 597-2814' dcox,~.vvvalaw.com Employment History_ Young, van Assenderp, Varnadoe & Anderson, P.A. July 1998 - present Attorney - Primary practice areas include transactional real estate, land use planning and representation of Community Development Districts. The Sherwin-Williams Co. Various sales and managemcnt positions NYCO Security Co. Licensed Security Guard Various Construction Companies Carpenter United States Army Intelligence Analyst/Korean Linguist Education Florida State University Juris Doctor/Master of Public Administration Bachelor of Arts Tallahassee Commun. it~ College Associate of Arts Chipola Junior College Defense Language Institute Certification as Korean Linguist May 1986 - Nov. 1994 Aug. 1985- Apr. 1986 Nov. 1983 -May 1985 Aug. 1979-Nov. 1983 Jan. 1993 - May 1998 May 1998 May 1994 Aug. 1991 -Dec. 1992 Dec. 1992 Aug. 1985- May 1989 Apr. 1980-Apr. 1981 J 2 5 2002 pg. ~[ DANIEL H. COX P.O. Box 110046 * Naples, FL 34108 * (941) 348-8701 * dcox~pe~oanet.com Academic Employment Externship Department of Community Affairs Supervising Attorney: Jan. 1998- Apr. 1998 Ross S. Bumaman, Esq. 2555 Shummard Oak Blvd. Tallahassee, FL 32399-2100 (850) 488-0410 Research Assistant Constitution Revision Commission Alan C. Sundberg, Chief Justice (Retired) Aug. 1997-Dec. 1997 Legal research and analysis of Proposed Constitutional Amendments Legal Environmental Assistance Foundation June 1997 Professor Mark Seidenfeld, FSU College of Law Legal research for Amicus Curiae brief filed with First District Court of Appeal in the case Johnson v. St. George Island Owners' Association, Inc... Florida State University, College of Law Sep. 1996-Mar. 1997 Professor William McHugh Research and drafting memorandum of law, preparation of classroom materials and general academic support Askew School of'Public Administration May 1996-Jui. 1996 Professor Sue ~'itus Reid, Esquire Citation checking for revision of textbook, Criminal Law, (Fourth Edition) Additional information including writing samples, references and transcripts available upon request. rn .... -' of ~50utllwcst ~'lorida July 10, 2001 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Mrs. Filson: 1 am very intcmstccl in s'~-rvin6 on one or {eve-tit] of Collier County's advisory committees. My varied background could prove useful to these commitmes and the county as a whole. You will fiud my resume attached. Please accept this letter and my resume as my application to serve ou one or mom of the following boards: Airport Authority Community Character/Smart Growth Advisory Committee Housing Finance Authority Work:force Housing Advisory Committee It would tm an honor to s~rve our community. Please call me at 254-7744 if I can answer any questions. Sincerely, 9024 Bonita BeaCh Road · Bonita springs, Florlda 34135 · Teiel~hOne (941) 94..q-6300 ' Fax (941~ 9~9-632~, $475 Airport Road. N. ' Naluies, Florida ~4't09 · Telepr~one [941) 254-77~{4 ° Fax (941~ 25~1-7775 ~ Drummond Way Naples, Florida 34119 ,Work (941) 254.7744 Home (941) 513-0941 Cell (941) 404-9529 E.maih ahomea-un(~ol, corn ~1 Cross-functional business manager with experience in general managemcntYstrategy, finance, rnarkefiag, operations, risk management, e-commerce, transportation and logistics. i~l Financial responsibilities have included credit sales and underwriting; operational accounting; portfolio management; collections; bankruptcy and problem loan workout; consumer lending; rcsid~tial and commercial mortgage lending; equipment lending and leasing; and ~counts receivable financing. ~! Responsible for a $29,000,000 portfolio of complex financial relationships. ~ Excellent understanding of business, banking and the economy. Thorough knowledge of financial ~tatcrncnt$ and accountinl$ pracdcos. El Sound credk judgment. Managed a team that doubled consumer loans outstanding in one year while maintaining excellent delinquency control. Coached this team in the successful recovery of significant previously "charged off" account balances. El Excellent organizational and time marutgement skills. Able to quickly collect and use information to make sound decisions. I enjoy managing simultaneous complex tasks. Ul Excellent wrinen and oral communication skills. Effective at group and individual presentations. Awarded Navy ~ Numerous awards for leadership and ]ob performance, MBA Student of the Year. Achievement Medal by the Secretary of the Navy for outstanding leadership. Distinguished graduate United States ,Marine Corps Logistics School. Profes ionalEx erie ce ' ' 2001 to present Vice president, Southern Community Bank 1999 to 2001 Commercial Lender, SouthTms! Bank 1996-1999 Manager/Owner, US One Equipment Finance 1994-1996 Mortgage Banker, Bank of Boston Intematlonal College 2001 MBA, Finance ' Dean's List/MBA Student of the Year~4. 0 GPA Naples, Florida 1996 BA, Organizational Management Warner Southern College Lake Wales, Florida 3.23 GPA 1993 AA, Management of Financial Institutions Brevard Community Collt~e Melbourne, Florida " 2 ..... ,- - Dean's List/Honor Student/3.33 GPA ~n~. ~llOil 1989 International Studi~ University of Mar~ D Okinawa, Japan [ i~ :~,~ ,~ ,,; 9~7 United Statc~ Marine Corps Logistics Manager - Kesponsibilitics kncluded Mternatio passenger terminal operations, aircraft load planning, hazardous material certification, customs preparation and ha~ermodal-cargo transfer. Excellent Personal and Professional References Bill West .~?05 Drummond Way Naples, l~orida 34119 p__rofessional £duc,~tion ,. ~Phone (941) -~13-0941 Cell (941) 404-9529 E-mail: ~omem~ol.~om Commercial Lending Diploma Expected Completion October 2001 Supervisory Skills Certificate February 2000 Financial Statement Analysis February 2000 Introdoctlon to S~A. Leuding luly 1999 Certified Leasing professional Academy October 1998 Amerka~ Institute of Basflcing American Institute of Banking Robert Morris & Associates U.S. Small Business Adrninistrstion United Association of Equipment Lessors Bill West 5703 Drummond Way Naples, Florida 34119 Current & Previous Community I,,eadership Positions Gulf Coast Venture Forum Founding Director Investor Liaison Entrepreneur Coordinator Certified Development Company Of Southwest Florida Board of Directors Loan Comrr~ttee Economic Development Commission Of Collier County Business R~eation and Recruimient Committee Manufacturer's Roundtable Health Technology Round, able Florida Gulf Coast University Small Business Development Center Volunteer Instructor Kiwanis Club of Naples Board of Directors Volunteer - · Space Coast World Trade Council Board of Directors Seminar Coordinator Sebastian River Area Chamber of Commerce Board of Directors Fundraising Chairman Volunteer Brevard Business Connection Founding President Treasurer Phone (941) 513-0941 Cell (941) 404-9529 E-maih ahomerun~aol.com Melbourne Area Association of Realtor~ Time Management Instructor Affiliates Cormnitt~ Chairman Women's Council of Realtors Seminar Sponsor C-olf Toumamem Sponsor Affiliate of the Year Legislative Affairs Community Affairs Education Honor Society Recipient Economic Development Commission of the Space Coast Volunteer Finance Specialist Home Builders and Contractors Association of Brevard Seminar Coordinator Sales and Marketing Council Volunteer Melbourne/Palm Bay Chamber of Commerce Industrial Development Council Leads Club I6'-st~or Melbourne High School Academy of Business and Finance Personal Finance Instructor Palm Bay Professional Network Founding Member Business Network International Vice President Pg.. YOUNG, V,&,'~ .JxSSENDERP, V~.RNA.DOE ATTORNEYS AT LAW FIECE ¥E ; .EPLY To: & A_~DE]~SON, EA. ~o E~RUCE ANDERSON CLA,' C. JUL i 9 ZOOi TASHA O. BUFO~"' TIHOTHY ~. ~RANKLIN ~AVID P. HOP~TE~[R~ C. ~URENCE KEES~ KENZA VAN ~ENDERP GEORGE L. V~N~OE ROY C. YOUNG O? COUNS[~ DAvmD B. ERWlN A.J. J~ SeA~ Bo~d of Co~ Comssionem A~: Sue Filson H~on Truer B~l~ng 3301 Tmimi Trail E~t Naples, FL 34112 Naples BY HAND DELIVERY THIS DATE July 19, 2001 GALLIC'S H~LL 2.1~5 ~UTH Al)AMS STREET State 200 Post OFFICE Box 1833 (~P 32302-1833) T~H~EE, FLORIDA 3~301 TELEPHONE {850) TELECOPIER (850) 561-6834 SUNTRU~ BUI~ING 80i ~UmEL O~ DRIVE Sul~ 3~ PO~ OFFICE ~OX 7~7 (~ 34~01-7907) N~LES, FLORtDA 34~08 TELEPHONE (94I) 597-~8~4 TELEC~IER (94I) Re: Housing Finance Authority Position Dear Ms. Filson: Enclosed fred a copy of my resume for your consideration with regard to any appointive positions available with the Collier County Housing Finance Authority. Over the yea? I. have. worked with instimti0nal lenders in varied commercial and residential lending transactions. To a limited extent, I have also participated in financing provided by the Leon County Housing Finance Authority. This work has enabled me to 6btairL_a thorough understanding of lending transactions, the problems associated therewith and the difficulties experienced by those trying to acquire affordable housing. I believe that society owes a duty'to i~s citizens to provide housing to all, to the greatest extent possible. My interest is to assist in fulfilling that need wherever and whenever the opportunity arises; consequently, I would welcome the occasion to work with the Housing Finance Authority. Sincerely yours, David P. Hopstetter, Esquire DPH/ Enclosure as Stated ..,u,., 2 5 2' 02 DAVID P. HOPSTETTER 433 Raven Way, Naples, FL 34110, (941) 596-5613 EDUCATIONALBACKGROUND Florida State University College of Law, Tallahassee, Florida Juris Doctor, w/th honors in 1975 Mars Hill College, Mars Hill, North Carolina Bachelor of Arts, magma cum laude in 1967 EMPLOYMENT AND EXPERIENCE Young, van Assenderp, Varnadoe & Anderson, P.A., Naples, Florida 1997 to present Shareholder attorney responsible for the firm's real estate professional staff and for all transactional real estate work of fzrm, principally engaged in land use planning in Collier and Lee Counties. Board Certified Real Estate Attorney since 1989, with expertise in all phases of transactional real estate practice, including acquisitions, sales and development of commercial and residential properties, and creation of land use covenants, conditions and restrictions, condominium declarations and related documentation. Agent for Attorneys' Title Insurance Fund and Chicago Title Insurance Company, Inc. Extensive experience in commercial banking, assisting in transactiot~al matters and enforcement proceedings, including bankruptcy creditor representation. General practice with experience in litigation, corporate and business entities, wills, estate planning and probate. Huey, Guilday & Tucker, P.A., Tallahassee, Florida 1975 to 1997 Shareholder responsible for firm relationship with banking clients, in addition to supervising all real estate matters. Managing shareholder of firm for two years. General Counsel to SunTrust Bank, Tallahassee, N.A. REFERENCES AVAILABLE UPON REQUEST ..... Original Message ..... From: fiala-d Sent: Tuesday, May 07, 2002 6:17 PM To: olliff_t; schmit'Uoseph; arnolci-m Subject: LDC: change Hi Tom,I just finished meeting with my Kitchen Kabinet, some of whom are members of East Naples Civic Assoc. They met with Joe & Michelle today before our meeting regarding the 41 Corridor to express their concerns about blight and boarded up buildings. They asked how the owners could be forced to keep their property presentable and were told there was nothing in our code as it stands now that would hold a business owner responsible for maintaining the property in a presentable fashion. I truly feel that with ownership rights comes ownership responsibility to the property and to the surrounding property owners and community. Michelle presented an idea to the men who were in the meeting that would hold owners responsible for the condition of their property and give code enforcement the ability to enforce and levy fines. Tom, this would be an answer to our problems in East Naples, and I'm sure would solve similar problems in other commissioners districts as well. I would like to request that we add an amendment at our LDC workshop that would address this serious and unsightly problem. Thank you, Donna Fiala EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member representing the Commercial category to fulfill the remainder of a vacant term, expiring on January 29, 2006 on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS'.. This 11 member Advisory Committee was established by Ordinance 90- 111 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residems can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. Ms. Cornelia Kriegh resigned her position on April 27, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. [Ed Staros IC°mmercial ~one COMMITTEE RECOMMENDATION: Ed Stares FISCAL IMPACT.: NONE GR..~.~I/T~H MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment.. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 25, 2002 AC, NO. , RECEIVED COLLIER COUNTY GOVERNMENT jUN 1 3 2002 Board o1~ County Commissioners PELICAN BAY SERVICES DIVISION, June 12, 2002 801 LAUREL OAK DRIVE SUITE 6O5 NAPLES, FL 34108 (941) 597-1749 FAX: (941) 597-4502 Ms. Sue Filson Executive Manager Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Pelican Bay Advisory Board Dear Ms. Filson: With the recent adoption of Ordinance 2002-27 by the Board of County Commissioners, there remains the issue of an unexpired term with the Apdl resignation of Board Member Mrs. Cornelia Kriegh, whose term was not due to expire until January 2006. The Ordinance addresses the issue of membership on the Pelican Bay Services Division Board being representative of both commercial and residential interests, with commercial representation having two (2) seats and residential representation occupying nine (9) seats. The Board is presently operating with nine (9) residential representatives and one (1) commercial representative. At the June 5, 2002 meeting of the Pelican Bay Services Division Board, Mr. Edward V. Staros was introduced to the group by one of the present members as having an interest in serving on the Pelican Bay Services Division Board, as the second commercial representative. Mr. Staros is currently the Vice President and Managing Director of both Ritz Carlton Hotels located in Naples. Mr. Staros has been with the Ritz Carlton Hotel Corporation for twenty years and in Naples for the past three years, with his present plan being to remain in Naples until such time as he should choose to retire. Pdor to relocating to Naples, Mr. Staros was located in the Ritz Cadton Corporate Offices in Atlanta and in charge of opening all Ritz Cadton Hotels throughout the world. The Pelican Bay Services Board feels that Mr. Staros would be a valued addition to the Pelican Bay Services Board and by a unanimous vote at the J~ne ~ ITEM Ms. Sue Filson June 12, 2002 meeting, request that the Board of County Commissioners appoint Mr. Staros to fill the unexpired term of Mrs. Cornelia Kdegh. Your assistance in bringing this matter to the Board of County Commissioners would be greatly appreciated. In the meantime I remain, Yours sincerely, PELICAN BAY SERVICES DIVISION Division Administrator CC: Mr. Tom Olliff, County Manager James Mudd, Deputy County Manager Jpw/bcs Pelican Bay MSTBU Advisory Committee Mr. David A. Roellig 6000 Pelican Bay Blvd.,//204 Naples, FL 34108 District: 2 Category: Resident/Engineer Mr. Thomas C. Brown 8415 Excalibur Circle B-1 Naples, FL 34108 District: 2 Category: Resident Mr. Glen D. Harrell 5415 Tamiami Trail N. #320 Naples, FL 34108 District: 3 Category: Commercial/Developer Mr. Maurice James Burke 5801 Glencove Drive, #508 Naples, FL 34108 District: 2 Category: Resident Mr. James A. Carroll 8430 Abbington Circle, C-31 Naples, FL 34108 District: 2 Category: Resident/Engineer Mr. George H. Wemer 1919 Trade Center Way, #2 Naples, FL 34109 District: 2 Category: Resident/CAPB Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 02/10/98 01/29/02 4 Years 594-2210 01/08/02 01/29/06 4 Years 01/24/95 01/29/99 4 Years 594-1949 02/09/99 01/29/03 4 Years 598-1605 02/08/94 01/29/98 4 Years 01/08/02 01/29/06 4 Years 598-3140 05/22/01 01/29/05 4 Years 02/10/98 01/29/02 4 Years 597-9767 01/08/02 01/29/06 4 Years 591-2171 02/02/93 01/29/97 4 Years 566-3361 05/22/01 01/29/05 4 Years Wednesday, January 09, 2002 Page I of 3 AGENDA ITEM Pelican Bay MSTBU Advisory Committee S~me Mr. Lou Vlasho 6790 Pelican Bay Boulevard Naples, FL 34108 District: 2 Category: Resident Mr. John Domenie 801 Knollwood Court Naples, FL 34108 District: 2 Category: Resident Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 591-3248 566-3179 02/09/99 01/29/03 4 Years 05/22/01 01/29/05 4 Years Mr. Joseph A. Bawduniak 803 Knollwood Court 598-1976 Naples, FL 34108 District: 2 Category: Resident . e°~_ th'°~ Ms. Cornelia Kriegh ~'¢g~o'r"~.,V'& 5964 Pelican Bay Boulevard, 8434 597-8872 Naples, FL 34108 District: 2 Category: Resident 02/09/99 01/29/03 4 Years 02/10/98 01/29/02 01/08/02 ~1~9/06 Mr. Christopher F. Sutphin 8720 Bay Colony Drive, #104 Naples, FL 34108 District: 2 Category: Resident 596-1351 4 Years 4 Years 05/22/01 01/29/05 4 Years Wednesday, Januar~ 09, 2002 Page 2 of 3 Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exlx Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 15.member committee was created by Ord. No. 90-111 and emended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the ~ and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effectJng a smooth and expeditious transfer of s~'eet lighting, water management and beautification services, msl~nsibilities and obligations from the Pelican Bay Improvement District. On 11/3/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On Apdl 11, 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 membem to 11 members. .... $~uf: dim ~A/erd, Pe[icah Wednes&O'. January 09, 2002 Page 3 of 3 Waterside Shops ~00a Board of County Commissioners 3301 East TamhmI Trm3 Nal~s, 1~ 34112 (941) Fax: (941) ~, ~N 1 ~ 2007. of Count.¥ Commissioners Application for Advisory Committees/Boards N=me: ~T2 S1~_0~ Home Address: ~ ~l:}(]~) ~0[ MT Home Phone: zip Cod~: ~qll 0 No Are you · regbtered voter in Collier County: Yes ~/ Do you currently bold public office? Yes No If so, what is that ofuce? Do you now serve, or hevc you ever served, on a Collicr County board or committee? Yes I~t thc committccs/bonrds= No If y~s, please Plemse list your community activities (civic clubs, ueiihborhood amsochtion~, etc. and positiouf 0.6414/02 ~:{I 12:10 FAX 239589IT7& Wa~erstde Shops ~oo,~ AGENDA rlT. M EXECUTIVE SUMMARY REQUEST BOARD PROVIDE STAFF WITH DIRECTION IN REGARD TO LANDSCAPE MAINTENANCE ON DEVONSHIRE BOULEVARD. OBJECTIVE: To provide background to the Board of County Commissioners regarding existing landscaping along Devonshire Boulevard and to request that the Board provides direction for ongoing maintenance responsibilities. CONSIDERATIONS: Devonshire Boulevard was platted as part of Berkshire Lakes Unit 1 (Plat Book 14, Pages 118-120) in 1988. It was subsequently accepted for maintenance by Collier County on December 5, 1989 (Res. 89-385). The plat indicates that the 100' right-of-way for Devonshire Boulevard was dedicated to the public and, in addition, there is a note on the plat indicating that the Berkshire Lakes Homeowners Association (BLHOA) has the fight to utilize certain buffer easements for plantings and other improvements. These buffer easements appear on the plat at the northeast and southwest comers of the fight-of-way (Attachment No. 1 ). At some point after the time of the filing of the plat, the developer, Power Corporation, or the BLHOA did indeed make landscaping improvements to the Devonshire Boulevard fight-of-way, both within the platted buffer easements and within the road right-of-way (Attachment No. 2). No permit exists documenting either the construction or maintenance responsibilities for these landscape improvements. Based on conversations between staff and BLHOA representatives, it appears that over the past twelve to fourteen years the BLHOA has been maintaining the plantings within the median and along the edges of the fight-of-way. As a result of the developer's recent actions to establish a secondary connection between the Berkshire Lakes Shopping Center and Devonshire Boulevard, and the resulting modifications made to the median plantings and street light locations, the BLHOA has determined that they no longer desire to continue maintenance of the landscaping. This new connection is consistent with the original PUD that provided major access to be 'taken from Devonshire Boulevard (as the access road was later named) rather than from Santa Barbara Boulevard or Radio Road. Representatives of the BLHOA approached county staff and a request was made to inquire of the Radio Road MSTU advisory Committee their reaction to having the MSTU take over said maintenance. The MSTU advisory Committee declined to accept this responsibility. Further, staff has reviewed the existing plantings and opines that additional modifications will be necessary to bring the plantings into conformance with current practice and to minimize potential liability to the public. At this time, staff has reached an impasse with both the BLHOA and the Radio Road MSTU Advisory Board. Neither body desires the responsibility of continuing maintenance for this roadway segment. If the Board determines that it is in the public interest to add this roadway segment to the County's inventory for maintenance, then staff is prepared to do so after adjustments are made to the current plantings. However, that is a policy determination for the ,. Board. The developer, without permit and oversight by the County, did the original ltl~Sg~t3~'~.~iyEl~ 3UN 2002 Executive Summary Devonshire Boulevard Landscaping Page 2 of 2 As a result, there are many areas where the Homeowners Association or other private entities have been privately maintaining the landscaping in the public right-of-way. ,f~FISCAL IMPACT: Staff has estimated that it will cost about $85,000 to refurbish the medians and roadway edges to bring the landscaping into conformance with current standards. Annual maintenance for this roadway segment, after refurbishment, is estimated to be about $39,000. A Budget Amendment from the MSTD General Fund (111) will be necessary for the refurbishment. The annual maintenance will be budgeted in the MSTD General Fund (111) in subsequent years. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board provide direction to staff with respect to ongoing maintenance for the landscaping improvements for Devonshire Boulevard; if appropriate for the County to assume maintenance responsibility, authorize the necessary Budget Amendment; and, authorize staff to carry out the intent of the Board's direction. EdT::_d J. Kant. m~rtation Operations Director APPROVED BY: / ,' ,',..~-~ f,_,/,_l..ct. ~ Cz ~ f~'}'i /. k~ 7L .._ Noman E. Feder, AICP, Transponition Administrator DATE: DATE: Attachments: No. 1 - Portion of Plat of Berkshire Lakes Unit 1 No. 2 - Photos of landscaping improvements in Devonshire Boulevard ES T OF , RANGE RIDA 26 EAST, TION IN FEET AND DECIHALS THEREOF. ;ULAR CURVES AND ALL D1HENSIONS ON CURVES ESS NOTED OTHERWISE. 'L' = ARC 'CD' = CHORD ,O..'~ - DELTA ANGLE. R - RADIUS. T - TANGENT. ON RIGHT-OF-WAY HAP FOR 2-?S. STATE D.0.T. NENT REFERENCE I'R]NUMENTS (P.R.M.) NENT CONTROL POINTS (P.C.P.) IR~ ROD VE~ CAP. FEET WIOE AT T~ RE~ OF EACH LOT. A STRIP E AT THE FRONT OF ~ACH LOT IS (CLU~E E~NT ~Y ~ T~ ~T~ INAGE EASE~NT. -EXCLUSIVE EASE~NT FOR ELECTRIC. TELEPHONE. ILIT[ES A~ ~ ~ ~.E~ FR~ C~ANY. ~[DE AT T~ REAR OF EACH LOT IS qAGE EASE~NT. ~ ADDITIONAL TASTiNgS. ARE R~[AL (RDL} TO T~ 3L] ~VE~NT R~GES IN ELEVArlo~ FRO~ A LOW OF :.93 PER DESIGN PLUS. T~ AVERAGE LOT ~HATEL? 9.00 ~HICH ~S ~ATURAL GROUND. THE ~ ZONE X AS PER FLO~ INSURANCE RArE ~ER ~20067-0415-D OATED JUNE 3. 1986. ]ASED ON NATIONAL GEODETIC VERTICAL DATUH. ~AT~ AND RESTRICTIVE COVEN~TS ARE R' BOOK · PAGES THROUGH :0, : COLLIER COU~T~. FLORIDa. S A~. 9~FER TAleNTS ~ ~-EXCLUSIVE F T~ ~RK~[~ L~ES ~0~ AS~IATION ~NT ~INO F~ T~ P~ ~ ENDING T~ '~FER E~NT ~[NO F~ T~ ~ O/~ ~ ENT~ ~TS ~TLOT 'A' ~ ~ THIS ~&T ~[LL J PLAT BOOK /:/ PAGE//, SHEET ! OF ] DEDICATION STATE OF FLORIDA COUNTY OF TOLL[ER KNOW ALL lIEN BT THESE PRESENTS. THAT THE UNDERSIGNED OWNERS OF THE LANDS DESCRIBED HEREON HAVE CAUSED TH[S PLAT ENTITLED 'BERKSHIRE LAKES UNIT · I' TO BE HAOE AND O0 HEREBY DEDICATE THE STREETS AN0 RIGHTS-OF-WAY A~ 5HOWN ANO NOTED TO /HF A~EPETUAL USE OF TH~ PUBLIC FOR THE PbRPOS~ SHOWNa AMD DO GRANT THE EASEPE[NTS. AS SHOWN AND NOTED IN GENERAu NO'ES, TO THE ENTITIES DESCRIBED HEREIN, ALL IN ACCORDANCE WITH AND SUBJECT TO THE THE GEN- ERAL NOTES CONTAINED HEREINm ALL WATER AND SEWER UTILITIES CON- STRUCTED WITHIN THIS PLATTED AREA DHALL BE DEEDED TO COLLIER COUNTY UPON ACCEPTANCE OF THE IMPROVEMENTS REQUIRED BY THE PLAT. ALL DRAINAGE EASEMENTS ARE OEDICATED TO COLLIER COUNTY FOR THE PURPOSES OF ORAINAGE WITH ND RESPONSIBILITY FOR MAINTENANCE. MAINTENANCE OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPON- SIBILITY OF THE BERKSHIRE LAKES HOMEOWNERS ASSOCIATION OF COLLIER COUNTY. iNC.' IN WITNESS WHEREOF, SAID PERSONS HAVE CAUEEO THESE PRESENTS TO SE SIGNED THIS ~ DAY OF ~ITNESSES~ s ~ A FLORIDA CORPORATION ~ym .................... W[L~[A~ r. MIGGS. PRESIDENT U.S. HOHE C0RPCRATION _~, K~., DELEWARE CC~'PORATION AUTHCR:2E.~ ~D JC, 8US:NESS :N T~E SFATE OF FLCAiDA. BY ~AL~CE ~. ~MYER CORPORATE A~KNOWLEDGE~NT STA~E OF FLORIDA COUNTY OF I HEREBY CERTIFY THAT ON THIS DAY. BEFORE ;,E. AN OFFICER OmjLY AUTHORIZED IN THE STATE AND CCUNFY AFCRESAI; TC TA~E ACKNOWLE:;E- HENF5. PERSONALLY APPEARED W[LL~A~ T. HIGGS, :0 NE KNOWN AND BY ME TO BE THE PRESIDENT OF COAST :GMMUN:TIES CORPORATION. A FLORIDA CORPORATION NAMED AS DEDICATOR CN THE FOREGOING PL~T AND THAT ME ACKNOWLEDGED EXECUTe. NO THE SAME VOL~NFAR:LY ~NCER ITT DULY VESTED IN HIM BY SAID C8RP~RAT~CN. WITNESS MY HAND AND OFFICIAL SEAL 'N [HE CC~NFY ~ STATE MY COMMISSION EXPIRES N~'ARY ~UBL:C STATE OF FLORIDA COUNTY OF COLLIER ~ M~REBY CER[IFY THAT ON THiS DAY. BEFORE ME. AN OFK~CER AUIMORIZED IN THE STATE AND COUNTY AFORESA;D TO F~KE ACKNOWLE~- MENT~. PERSONALLY APPEARED MAURICE J. MiLLM)ER. TO ME KNOWN AND KNOWN BY ~ TO BE THE DIVISION PREStDEN~ OF U.S. MO~E A DELEWARE CORPORAIION AUTHORIZED TO DO BUSINESS i~ THE STATE OF FLOR[DA. NA~D AS DED{CATOR ON THE ~ORESO[NG PLAT AND FHAF ME ACKNOWLEDQED EXECUTING THE SAME VOLUNTARILY UNDER AUTHOR[IT DULY VESTED IN HIM BY SAID CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL IN THE CO,NIT AND STATE AF~ESAiD THIS ~ DAY OF ~uU~ · '988. ........ . ~.CTARY MY COMMISSION EXPIRES ~< ~-~-~ STA~E OF FLORIDA COUNTY OF COLLIER THE UMDERSIGNED HEREBY CERTIFIES THAT :T ES A ~OLDER OF A LIEN OR OIMER ENCUMSERANCE UPON THE HEREON DESCRIBED PROPERTY AN~ HEREBY JOIN IN AND CONSENT TO THE DEDICAT;CN OF THE [ANDS DESCR[~ED [N THE DEDICAIIDN HERETO. BY THE OWNERS THEREOF. AND AGREE THAT MORIOAGE. LIEN OR O~MER ENCUMBERANCE WHICH lS RECORDED iN T~E RECORDS SHALL BE SUBORDINATE rD THE DEDICATION SHOWN HEREIN, MORTGAGE IN FAVOR OF BARNETT BANK OF NAPLES DATED NAY 4. '~- AND RECORDED IN O.R. BOOK 1265. PAGES 2)5B PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AGE - MORTGAGEE MAS CAUSE i , NO. / ,,F ITEM %~'i: Devonshire Boulevard looking north from Radio Road Devonshire Boulevard looking west f~rom Santa Barbara Boulevard Devonshire Boulevard looking northeas! from behind Berkshire Commons Shopping Center MEMORANDUM DATE: June 17, 2002 TO: 'Thomas W. Olliff, County Manager Jim Mudd, Deputy County Manager FROM: Fred W. Coyle Commissioner, District 4 RE: Change Order Policy The Board of County Commissioners is regularly asked to approve hundreds of thousands of dollars in change orders, sometimes after the fact. I believe it is essential that we establish tighter control over changes in contracts. Some recommendations include: 1) No change order will be approved without a certification by the Project Manager that the work to be done: a) Was not part of the original scope of services. b) Is essential to the completion of the project as originally approved. c) Is fairly and reasonably priced. 2) Ali contracts will contain the language that contractors will not be reimbursed for work done without written permission from the Project Manager or appropriate official as defined under paragraph 4 below. 3) Emergency change orders may be undertaken only after approval by the County Manager. 4) Authorization for approval will be determined in accordance with the following limitations: Project Manager 3% of contract price Department Manager 5% of contract price Division Administrator 7.5% of contract price County Manager 10% of contract price ** **Authorization for approvals over $500K requires a written notification to the BCC 5) Schedule a Contract Management Workshop in the fall. Please place this item on the agenda for discussion at our next BCC meeting. Thank you for your assistance. Fred W. Coyle Commissioner, District 4 EXECUTIVE SUMMARY STATUS REPORT FOR THE BOARD'S REVIEW OF THE INTERCHANGE ENHANCEMENT RECOMMENDATIONS REQUESTED BY THE GOLDEN GATE / 1-75 AD HOC BEAUTIFICATION COMMITTEE. OBJECTIVE: Status report for the Board's review of the Committee's selection of bridge improvements, lighting, and landscape beautification for the 1-75/Golden Gate Interchange, and authorize the Committee to negotiate design options on unfunded items for subsequent Board approval. CONSIDERATION: In February 27, 2001, the Board approved the formation of the 1-75/Golden Gate Parkway Ad Hoc Beautification Committee (Committee) to advise on the landscaping and other aesthetic enhancements for the 1-75/Golden Gate Interchange at the request of the Metropolitan Planning Organization. The Committee has provided guidance in the aesthetic appearance of the 1-75/Golden Gate corridor and coordinated with the Florida Department of Transportation (FDOT) as they developed their detailed design plans. In the Streetscape Master Plan, the 1-75/Golden Gate Interchange was designated as a Transportation Network Gateway. As a gateway to the Community, the Committee focused on maintaining the residential character of the area consistent with current zoning. The methodology of the Committee was to incorporate the residential character into the design, focus on the concerns of the community, look at the long-term maintenance, and analyze the cost of each design element. Initially. the Committee members believed that they had $1,000,000 dedicated to landscaping and irrigation alone. The Committee discovered that this figure was an approximation based on the initial FDOT budget. The actual FDOT Budget which FDOT provided dunng the PD&E Study, allocated 5874,000.00 for landscape and irrigation, conventional lighting, special signal poles, noise wall aesthetic treatment, special light poles, bike lanes, wider sidewalks, and a contingency (Attachment No. 1). Through negotiations with FDOT, several line items were added to the original $300,000.00 landscape beautification portion of the budget. The monies allocated for the noise wall aesthetic treatment, paint application to standard cobra-head light poles, meandering sidewalks, integral color for sidewalks and median separators were redirected to the landscape budget, thus providing $446,462.00 in available funding (Attachment No. 2). The aesthetic enhancements to the bridge include the following expenditures: median planters; decorative wall and columns for light poles on the bridge; eight (8) decorative light poles on the bridge; and brick pavers on the bridge sidewalk and median. These enhancements will help maintain the residential character of the corridor. The total cost for these non-landscape items is estimated to be $150,318.00, leaving a landscape budget of $296,144.00 (Attachment No. 2). The items that are beyond the funding capabilities of FDOT, which the Committee would like the Board to consider, are as follows: FDOT had originally proposed a chain-link cage, which the Committee was able to eliminate from the design. The current design incorporates a more decorative mesh screen. However, the Committee is not satisfied with the appearance of the decorative mesh, which is a federal requirement on bridges that have pedestrian sidewalks. The Committee is exploring design solutions and hq toward a decorative grillwork screen enhancement. Conceptual designs were pre enl~~ 'at [(..3 ~.-_.__ JUN 2 Executive Summary 1-75/Golden Gate Interchange Committee Recommendations Page 2 of 2 Meeting on June 6, 2002 and were well received by the Community. The estimated additional cost is $100,000 (Attachment No. 2). · The Committee has focused its efforts and limited financial resources on bridge superstructure enhancements and landscaping· These remaining hardscape components are unfunded: texturing the bridge pier, column and beams ($70,656.00); and painting the slope pavement under the bridge or texturing and painting (max $24,378.00). The total estimate for these two lower portion enhancements of the bridge is $95,034·00· The landscape budget of $296,144.00 will provide basic landscaping and imgation along Golden Gate Parkway from 60th Street SW to 66th Street SW. This basic landscaping will not provide the necessary '~4sual buffer needed to screen the adjacent residences· In addition, there are several water retention areas that will require natural aquatic planting and landscape buffers. The Committee would like further analysis from FDOT describing the impact upon the existing buffer and the opportunity to focus on imgating these areas for future landscaping· Additional funds in the amount of $300,000 are needed for landscaping these areas and for enhancing the areas near residences. It is the intent of the Committee to apply for FDOT matching enhancement grants. These additional funds would be needed tbr Fiscal Year O5/O6. FISCAL IMPACT.: In order to accomplish the additional enhancements detailed above, an additional $495,034.00 is necessary. If the Board agrees to fund all or a portion of these additional enhancements, a budget amendment transferring monies from Fund (313) Reserves will be necessary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this pr°Ject. RECOMMENDATION: That the Board accepts this status report and considers the added enhancements requested by the Ad Hoc Committee. To address this request, the Board would need to revise prior direction or determine that this xvill be an exception to the programming of all available transportation funding to capacity projects. If the Board determines that additional funding is desirable, then staff also requests direction to prepare the necessary Budget Amendment and other required documentation to carry out the intent of the Board's direction· PREPAREDBY' ,~.w-~?_~?~ ~. ~er · ~amela J. L~clich, A~, ~e Operations Manag /~ Edwar~ ~ant, PE,flr~spo~ion Operations Director Noman .~Feder, AICP, Transpomtion AdminisWator / Anac~enU: No. 1 - Original FDOT Budget Esti~te Breakdo~ No. 2 - Revised Budget Breakdo~ (F~ded v. Un~nded) No. 3 - Plan View of Interchange No. 4 -Elevation of Proposed Interchange Date: ~-'-/? ~'" 7 Date: JUN 2 5 JEB BUSH GOVERNOR Florida Department of Transportation August 16, 2001 MGR-L13-01 Attachment 1 THOMAS E BARRY, JR. SECRETARY 1-75/Golden Gate Interchange Advisory Committee Transportation Operations Department 2705 Horseshoe Drive South Naples, FL 34104 Reference: Breakdo~an of Estimated Costs of Amenities 1-75 at Golden Gate Parkway New Interchange Financial Management ID No. 200732-1-32-01 Dear Commit-tee Members: .-ks requested at the Committee meeting of August 9, 2001, the following is a detailed breakdown of the estimated costs of the amenities that were a~eed to by the FDOT during the PD&E Study; 1. Landscape & Irrigation 2. Conventional Lighting (in lieu of high mast) 3. Special Sig-nal Poles (2 locations) 4. Noise Wall Aesthetic Treatment 5. Special (Aesthetic) Light Poles 6. Bike Lanes 7. Wider Side~valk (from 5' to 6') S300,000.00 $208,000.00 (increase) 60,000.00 (increase) 80,000.00 32,000.00 (increase) 32,000.00 16,000.00 Subtotal = $728,000.00 20% Contingency (includes Mobilization, MOT, etc.) $t46,000.00 Grand Total = $874,000.00 MGR\lss CC: If you have any questions, please contact me at (941) 461-4300. Michiael G. R/ppe Director, Southwest Area Office Nicote Mills, FDOT Bryan Dennis, FDOT Johnny Limbaugh, FDOT Sarah Clarke, FDOT District One, Southw~t Area Office 2295 Victoria Avenue*Post Office Box 1030*Fort Myers, FL 33902-1030 (941) 461-4300 *(941) 338-2353 (Fax) * MS 1-98 AGFN DzA.-iTM JUN 2 5 2002 Attachment 2 GOLDEN GATE/I-75 INTERCHANGE LANDSCAPE BUDGET IDEA COST ' FUNDING ENTITY INCORPORATE / WAIT / VETOED Curb and gutter the $225,000.00 Landscaping budget Vetoed fxonta~e rca d~ Decorative Lighting $1921.00 per 30' pole, YDOT Eliminate except on based on Mediterra bridge. Committee fixture from voted for std. 30' Architectural Area light poles spun Lighting. aluminum finish w/ 400 watt metal halide f'~tures. Christmas Attachment Approx. $25.00 / pole FDOT Incorporate Wiring Meandering $16,037.00 FDOT Eliminate - use funds toward brick Sidewalks pavers - sidewalk & median* Integral color $7274.00 (sw) FDOT Eliminate per to sidewalk and concrete $11,178.00 (sep) county's concern regarding separator maintenance- use funds toward brick I pavers* Median planters on $66.500.00 Landscaping budget Incorporate. Oval ' shaped planters 10' bridge with decorative long x 5' wide, fencing every 50'. Connect planters with deco fence. Color? S~4e? Overpass fencing Black vinyl coated FDOT Incorporate per mesh fence included FHWA requirement in DOT construction estimate. A change in fence would be a deduction from the landscaping budget. -Decorations for wire Depends on size Landscaping budget Wait. pending next mesh fence meeting (ex. Manatees with ($102,000.00, #1) waves and sea grass) ($192,000.00, #2) Wait - price Decorative metal Price Pending de work similar to No. ,~ [/ ~ Coastland Mall Jlj~4 Integral color on the bridge. Outside bridge beams, piers and columns. Integrate color on barrier. Paint existing bridge features Brick pavers in median and sidewalk Texturize the bridge components with concrete spray form Painting of slope pavement, under bridge. $14,560.00 $10,944.00 $58,240.00 $37,400.00 sidewalks $68,567.00 median ($55.00 / SY) $18,240 (onbarrieO $17,472 (on exist piers) $34944 (on exist piers, colurmas, and beams) Total $ 70,656.00 $20,315.00 Texturize slope pavement (inc. color) Modified jersey barrier, as depicted on Pam's drawing. Columns for light poles, as depicted on Pam's drawing. $24,378.00 $43,750.00 (combination of barrier wall and columns listed below.) See line above. FDOT FDOT Landscaping budget Landscaping budget T~ndscaping budget Landscaping budget Landscaping budget Landscaping budget Landscaping budget Incorporate. Federal Standards color to match as dose as possible to the Previous vote was to incorporate. What color? Wait Incorporate - sidewalks and decorative border in median (cost to be determined)* Wait ~orate Incorporate Budget Sununary: $ 300,000.00 80,00O.00 32,000.00 16,037.00 7,274.00 11,178.00 $ 446,462.00 landscaping budget noise wall aesthetic treatment painting light poles meandering sidewalks * integral color- sidewalk * integral color - median separator available funding J UN 1 5 Pg. ~ Expenditures: $ 66,500.00 4;3,750.00 2,168.00 37,400.00 5,000.00 150,318.00 median planters barrier wall and columns for light poles on bridge decorative lights on bridge - 8 lights brick pavers for sidewalks on bridge * brick pavers for median border - estimate * Total: $ 446,462.00 - 150,318.00 $ 296,144.00 * Discussed at meeting held May 30, 2002. Consensus of members present; no quorum for official vote. Pg. ~ ............ T, gT.- , . ATTACHMENT#4 z EXECUTIVE SUM-MARY RECO~NDATION THAT THE BOARD OF COUNTY COM~41SSIONERS ENTER INTO AN AGREEMENT WITH DHR INTERNATIONAL IN THE AMOUNT OF $15,000 TO OBTAIN QUALIFIED CANDIDATES FOR ~ POSITION OF COLLIER COUNTY MANAGER. OBJECTIVE: To present a list of qualified candidates to serve as the Collier County Manager within the time frame previously established by the Board. CONSIDERATIONS: During the regular meeting of May 28, 2002, the Board voted to select a consultant to assist in the process of obtaining qualified applicants for consideration for the position of County Manager. As part of that action, the Board established a time-line for the recruitment and selection process that would have the new County Manager in place on or before October 1, 2002. A formal Request for Quotation (RFQ) document was sent to 31 firms on May 31, 2002. The following five (5) fuxns submitted quotations prior to the closing date on June 14, 2002: Mercer Group, lnc., Maximus, DHR International, Bennett Associates and Manpower. The Purchasing Department, in consultation with the Employee Services Director, evaluated the proposals based upon the selection criteria set forth in the solicitation documents. This staff analysis has determined that DHR International best meets the selection criteria with respect to experience, qualifications, references, past performance and price. Additionally, DHR International offered as part of its standard process, thc ability to identify and supply a qualified slate of candidates to the Board within 20 working days from date of contract commencement, which comfortably meets the established timeframe. As outlined in the Scope of Services identified in the RI:Q, the agreement will specify that the consultant: 1 .) Meet with individual commissioners to prepare a consolidated profile of characteristics that thc Board members are seeking in the next Manager, 2.) Conduct a national search for qualified candidates, 3.) Provide a short-list of no less than six candidates that meet thc established profile for the Board's consideration, 4.) Work with thc Board on the final selection and interview process to ensure that the best candidate is selected. FISCAL IMPACT: The cost for the recommended consultant contract is $15,000 and would require a budget amendment from the general fund reserves to the Employee Services Department that would be responsible for managing this agreement. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the recommended action. RECOlVlMENDATION: It is recommended that the Board of Collier County Commissioners direct staff to contract with DHR International to conduct an executive search for the County Manager position, as provided for above. Prepared by: '~et~Walker, Employee Services Director iDNR June 3,2002 Collier County Government Administrative Services Division Purchasing Department Purchasing Building G 3301 E. Tamiami Trail Naples, FL 34112 Re: Request for Quotation - County. Manager Candidate Screening - Closing June 14, 2002 4:00 PM Dear Procurement Team: We, at DHR International, the nations fastest growing and fifth largest executive search firm, wish to thank the Collier County Procurement and Employee Services Departments for the opportunity to participate in the RFQ for the County Manager Candidate Screening project. We understand the demanding requirements of the County Administrator's position and the need to complete the process on time and without any compromise in the quality of the presented candidates. Because of our unique process, we are able to ~lentffy and supply a qualified slate of candidates in twenty workin_~ cla.~ this is our standard process, not an accelerated process for our firm, so the County's schedule fits perfectly with us. Further, we offer a tWo-year no cost replacement guarantee. No matter the reason, should the hired candidate quit or be terminated at any time over the next two years, we will re-conduct the search at no cost. Lastly, we never quit on a search; we always finish the search to the satisfaction of our client. Since we know the quality of the search is driven by the level of understanding of our client's needs and environment, we have selected a business model that puts our executive search consultants in close physical proximity to our clients. With our office in Fort Myers, we are the only nationwide organization that can provide personal service with local knowledge and understanding. Our other local customers have experienced the high level of personal service we provide and we urge you to contact them; they speak the loudest for us (please see the enclosed reference letters). On the following three pages we have attempted to answer all of the County's questions with candor and clarity. Should there be any area of concern please call us and we will answer any questions you may have. We have attached an evidence copy of our insurance certificate as demonstration of our compliance with the Collier County Insurance Requirements. We want to do this search; we will complete the search on time, and we will meet your target cost. Kindes~ Philig~L~'Jac~on, ~ecutive Vice ~esident D~ Interna~onal 6238 Presidential Cou~ Suite 6 ! ~'~' Fo~ Myers, FL 33919 Voice: 239466-9899 ~ 239-~6-9837 p!ac~on~dhrintl.net A. General Information (Black type for questions - Blue type for answers) Name and address of firm: Telephone No.: Fax No.: E-Mail Address: Year firm was established: Principals of the firm: Indicate type of firm: B. Experience I. DHR International 6238 Presidential Court, Suite 6 Fort Myers, FL 33919 Voice: 239-466-9899 Fax: 239-466-9837 pjackson@dhrintl.net January 1989 Philip L. Jackson, Executive Vice President David H. Hoffman, CEO Corporation, incorporated in: Illinois Firms must have a minimum of five (5) years of experience providing the above services. DHR has been ai:~lv~ engaged in municipal government and commercial executive ~mc~ment for more than 13 years. List background of firm. including credentials of employees who will be working on this contract and other pertinent information. DHR International is the fastest growing and fifth largest executive search firm in the world and number one in office locations. DHR maintains search operations in government, non- profit, and commercial marketplaces. ~r Fort I~/ers office maintains a specialty focus in Lmmicipal ~overnment and is very adept in local government searches. The principals of DHR are all experienced professionals who are continually engaged conducting executive searches for most of the leading organizations throughout the world. We generally conduct about 500 to 1,000 searches per year depending on economic conditions. tlMIiP LJ,Jackt~, our Executive Vice President, heads up our Fort Myers, FL office and is an industry leader in municipal government searches. Phil guides our research staff directing the timely fulfillment of executive searches and !~' been affiliated with our firm for more than n'~h~'~ nl~l~ thirty ]~ear~ cdr senior mana~ ex~ leadership, and ce in business, government, and educatior~ He has a Bachelors in Business Administration, is a journeyman toolmaker, holds three patents for the design of modular electricity meters and lives in Southwest Florida. C. References/Past Performance · Position filled: - City Manager, City of Cape Coral, FL (Completed in 2002) P~ease call: - · Position filled: Arnold Kempe, Mayor City of Cape Coral, FL 239-574-0436 - Director Community Development, City of Cape Coral, FL (On-going) Please call: Terry Stewart, City Manager City of Cape Coral, FL 239-574-045 I Position filled: - City Auditor, City of Cape Coral, FL (On-going) Please call: Position filled: A. Kempe, Mayor, City of Cape Coral, FL 239-574-0436 - Planning Manager, City of Fort Myers, FL (Completed in 2002) Please call: - Position filled: Christine Hurley, Director Community Services City of Fort Myers, FL 239-332-6848 - Executive Director, SW PA Commission, Pittsburgh, PA (Completed in 2002) Please call: - Position filled: James Scahill, Chairman 5WPC & Albany County Commissioner, SPC Pittsburgh, PA 724-548-321 I - Director Employee Services, City of Fort Myers, FL (Completed in 2001 ) Please call: - Position filled: James Humphrey, Mayor City of Fort Myers, FL 239-332-6700 ~. - Executive Director City Plannin~ New Orleans, LA (Co~npleted in 2001) Please call: - Jane E Booth, Member, New Orleans City Planning Commission Chairman, City Planning Commission Search Committee 504-838-8534 While we urge you to call our references, please let us know in advance so we can alert them to expect your call. D. Pricin~ Firms shall submit pricing as a lump sum, broken down by individual asks. Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel, and any other items required for completion of services. The lump sum pricing for the County I~lanager Candidate Screening is ~,~(~ ~ Payment is divided into three installments; the Ist :$5,000.00 is payable at the start of the search, the 2"d $5,000.00 after 30 days and the last $5,000.00 upon offer acceptance. The fee is comprised of: · Task I: Preparation of an informational marketing package: $1,000.00 · Task 2: Strategic profile session with the Board: $1,000.00 · Task 3: Developing a pool of potential candidates: $5,000.00 · Task 4: Screening the pool of candidates to construct a short lisc $5,000.00 · Task 5: Coordinating a site visit for the short listed candidates: $1,000.00 · Task 6: Preparing, scheduling and facilitating interviews: $1,000.00 · Task 7: Conduct background and reference checks of key candidates $1,000.00 E. Conflict of Interest DHR International represents that it presently has no interest and shall acquire no interest. either direct or indirect, which would conflict in any manner with the performance of services required hereunder. DHR International further represents that no persons having any such interest shall be employed to perform those services. F. Other Information List all legal or administrative proceedings pending, and those concluded adverse to your firm within the last five (5) years, which relate to procurement or performance of any public or private contracts. - None. 2. State whether your firm (or predecessors, if any) or any principal of the firm has been insolvent or declared bankrupt within the past five (5) years. - No. 3. Indicate whether your firm or any principal of the firm has been debarred from doing business with the federal government, the State of Florida, or any other state. - No. G. Certification I certify that I am authorized to represent the firm named below and that the answers to the foregoing questions and all statements contained in this Request for Quotation are true and correct- Pursuant to information for prospective firms for the above-mentioned proposed services, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications and award without prejudice. Dated on this 3'd da~ofJune, 2002. Typed nam~.~DHR International TyPed. ~na'r~e: Philip L. Jackson Title/pOsition: Executive Vice President EXECUTIVE SUMMARY ADOPT A RESOLUTION GIVING PRIORITY TO THE ACQUISITION OF ADDITIONAL RIGHT-OF-WAY ALONG THE "951 CORRIDOR." I~R.II?~t'~TIVE: To adopt a resolution which recognizes and affirms the importance of the County Road cR-951 ("951 Corridor") as an essential hurricane and emergancy evacuation route for Marco Island and East Naples, and which establishes the width of the right-of-way at 200 feet for this Controlled Access corridor, and which gives priority to the acquisition of right-of-way for the corridor, and which provides that all Development Orders issued along the corridor shall be consistent with the provisions of said resolution or provide for alternative commitments such as accommodating roadway stormwater retention or limitation in access to allow reduction in corridor width without sacrificing construction of a high speed six-lane facility in the future. CI3N,qlI)F, RATION: As one of only two "Controlled Access" corridors located in Collier County, which facilities are intended to maintain the highest levels of service and traffic capacities, it is important to take steps at the earliest possible opportunity to reserve and acquire the fight-of-way necessary for construction of the County Road CR-951 six-lane facility. Since the law requires that the condemning authority must compensate property owners for the cost of the land, and the improvements which must be taken for the construction of public improvement projects, in addition to the severance damages to the remaining real estate, as well as business damages (where less than the entire property is taken), preventing development of the land located within the "951 Corridor" will reduce the cost of right-of-way acquisition to the point where the future development of the "951 works improvement t~ornao into a controlled access roadway facility remains a feasible public project. While the primary focus is on the review of new development to reserve and acquire the future right-of-way needs, efforts will be undertaken to also acquire the needed rights-of-way or to enter into Development Agreements with existing development to address alternative commitments where needed, which maintain the ability to construct a viable high speed six-lane arterial without taking any existing structure. FI,qCAI, IMPACT: Funding for the fight of way acquisition will come from the Transportation road Impact Fee District 4. The fight of way costs are undetermined at this time. Transportation will come back to the Board when the costs have been determined. GROVe/TH MANAGIZ, Mle, NT IMPACT: This recommendation is consistent with the Transportation Element of the Growth Management Plan. ~i~,COIMIMlZ. NDATIIqN: That the Board of County Commissioners of Collier County, Florida, adopt the attached "951 Corridor" resolution and authorize its Chairman to execute same on behalf of the Board. 2:3 PREPARED BY:~ /'~ ? ,~ ~') if_ Do~d S~, p.E~or Plug / 1 2 RESOLUTION NO.2002- 3 4 A RESOLUTION OF COLLIER COUNTY GIVING PRIORITY TO THE 5 ACQUISITION OF ADDITIONAL RIGHT OF WAY ALONG THE "951 6 CORRIDOR." 7 8 WHEREAS, County Road 951, [hereinafter the "951 Corridor"], is an essential 9 hurricane and emergency evacuation route, serving primarily Marco Island and East 10 Naples; and 1l 12 13 WHEREAS, due to the tremendous increase in Collier County's population there is an obvious need for collector and arterial roadways to keep pace with these population 14 increases; and 15 16 17 WHEREAS, the "951 Corridor" is one of only two road rights-of-way which have been designated by the Collier County Board of Commissioners as Controlled Access 18 Corridors; and 19 20 21 WHEREAS, the entire length of the "951 Corridor" is an important existing or contemplated arterial road and is defined as beginning at U. S. Highway 41 North to 22 Immokalee Road. 23 24 XVHEREAS, Collier County is in the process of acquiring additional rights-of-way 25 along th/s corridor to meet the foregoing needs. 26 27 28 29 30 31 32 33 34 35 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL,rNTY, FLORIDA, that: 1.. The Collier County Transportation Division and any other affected departments shall take all steps necessary to acquire additional rights-of-way for the "951 Corridor," and whenever possible add such rights-of-way into the Five-Year Capital Improvement Plan of the Transportation Element of the Collier County Growth Management Plan for the purpose of constructing a six-lane arterial roadway. 2. The acquisition of additional fights-of-way for the "951 Corridor" shall be given priority by the County so that a high capacity six-lane road may be constructed as soon as practicable ....... i,-" ?':' ''~'':'~ ': -t c.,g- ..... 1 3. The Transportation Administrator shall, as soon as practicable, establish priority for 2 acquisition of additional road rights-of-way in the "951 Corridor" consistent with the long- 3 range transportation planning goals of the Collier County Growth Management Plan. 4 4. Priority shall be given to County staff developing a method of acquiring additional 5 fights-of-way consistent with general law in order to expeditiously meet the need for 6 additional right-of-way that has been identified so as to construct a six-lane controlled 7 access roadway for the lowest cost possible in the "951 Corridor." 8 5. Pursuant to Collier County's grant of Police Power to regulate in the public's 9 interest and with knowledge of the need for future roadway improvements, Collier 10 County will require that new development, wherever feasible, reserve Two Hundred [200] I 1 Feet of right of way along the entire length of the "951 Corridor" between U. S. Highway 12 41 North and Immokalee Road consistent with the two hundred [200] feet of right of way 13 previously purchased and conveyed by Collier County to the State of Florida Department 14 of Transportation. 15 6. All new and existing development along the "951 Corridor" shall provide for the 16 reservation of such land as may be needed to create a two hundred (200') foot of right of 17 way along the entire length of the "951 Corridor" from U.S. 41 to Immokalee Road or 18 provide alternative commitments that allow for the development of a high capacity six [6]- 19 lane road throughout the entire length of the proposed roadway. These alternative 20 commitments may include, but are not limited to methods such as acceptance of roadway 21 storm water on site or restriction of access, where the full two hundred (200') feet of right 22 of way cannot be provided or acquired. Such alternative comnUtments shall be 23 documented in an enforceable and executed Developer Agreement. Where the adjacent 24 canal is on the eastern side of the 951 fight-of-way, the reservation of the two hundred 25 (200') feet along the western side of the canal will be considered as an alternative to the 26 costly relocation of the canal consistent with the policies stated herein. 27 7. Policy Objective 3 of Goal One the Transportation Element of the Collier County 28 Growth Management Plan ["Plan"] is furthered by the adoption of this Resolution and the 29 cited Plan provision is reaffirmed and by reference contained herein. 1 8. All development orders, including site development plans, are required to be 2 consistent with this policy and provide for the transportation right of way along the 951 3 corridor as identified above. 4 9. All remedies of the property owner will be in conformity with the Collier County 5 Land Development Code and general law. 6 10. No land use activity may be permitted within the designated areas of right of way 7 that would impede future construction of the roadway. 8 11. Where appropriate, the County shall make an offer to purchase the reserved land 9 with cash or impact fee credits, or a combination of both, within ninety [90] days of the 10 property owner's application for subdivision final plat Or site development plan approval. 11 12. It is not the intention of this Board that the Resolution for the proposed right of way 12 referenced herein result in the taking of any existing homes or any homes in which the t3 owner has possession of a Certificate of Occupancy as of the date of this Resolution. To 14 the extent such homes fall within the proposed 951 Corridor referred to herein, the Collier 15 County Transportation Administrator shall explore alternative ways of maintaining the 16 integrity of the roadway, such as having adjacent development accept storm water 17 retention, reduction of the medians, imposition of limited access onto the roadway or other 18 reasonable means related to the restricted segment of the corridor to allow a reduction of 19 the median width to avoid any taking of existing homes. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 This Resolution is adopted this __ second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Date: day of ., 2002 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Date: Approved as to form and legal sufficiency: ~a~que~/ne HubCa~JRobinson ~/sistant County Attorney EXECUTIVE SUMMARY THAT THE BOARD CONSIDER A REQUEST FROM THE LIVINGSTON ROAD PHASE li BEAUTIFICATION MSTU ADVISORY COMMITTEE FOR SUPPORT FOR THE BEAUTIFICATION OF LIVINGSTON ROAD PHASE II OBJECTIVE: To determine if there is financial support from the Board to partner with the Livingston Road Phase II Beautification Advisory Committee for the beautification of the section of Livingston Road from Golden Gate Parkway to Pine Ridge Road, known as Livingston Road Phase II. CONSIDERATIONS: The Livingston Road Phase II Beautification MSTU was established by Ordinance 2001-76 on December 11, 2001 for the purpose of beautification of the section of Livingston Road known as Phase II. Prior to the formation of the MSTU, several interested property owners within this area created the Livingston Road Beautification Association, which raised $50,000.00 of private funds to develop a conceptual landscape drawing for this roadway. This committee worked with staff to overcome right-of-way issues with adjacent homeowner associations and Florida Power and Light Inc., whose power lines run adjacent to this roadway. This roadway was determined to be a major arterial roadway when completed. Historically the Board has participated in the beautification of the majority of other major arterials within the county, which were funded through the normal budget process. The county also currently maintains the landscape on other landscaped arterial roadways, these are also funded through the normal budget process. However, recent policy of the Board has been to concentrate limited funding on capacity projects to address the backlog of transportation needs. FISCAL IMPACT..: The Advisory Committee has developed a proposed budget of $1,700,000.00. Of the amount they are requesting the county to contribute 33.3%, or approximately $600.000.00 as well as assume the maintenance after the project is complete. The estimated annual cost of maintenance is $300,000.00 annually for this three mile stretch of roadway. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board set up an MSTU at the request of the community to address this ~andscaping. While a gateway arterial, the Board has directed that funding be applied to needed capacity projects rather than landscaping. The Board needs to provide direction if this request to partner on a landscaping project is to be pursued and funded. The Board can deny the request, agree to the request and make the adjustment to the budget, or provide a different amount and make the appropriate adjustment to the budgr&.. ~~en, ero3 ~ ~a~po~t~on ~erations Ed~~ant, ~~o~tion ~ations n~ector ~PROVED BY: No~n E. Feder, AICP, Transportation Adminis~ator DATE: ¢ ~/~2~- _ AGENDA ITEM No._ ,, jUN 2 5 2002 EXECUTIVE SUMMARY APPROVE AN ADDENDUM TO THE LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AUTHORIZING THE CHAIRMAN TO EXPAND THE BOUNDARIES OF THE EXISTING US 41 NORTH PHASE I AGREEMENT TO VANDERBILT BEACH ROAD. OBJECTIVE: For the Board to approve an addendum to the Landscaping installation and maintenance highway agreement with the FDOT. The original agreement is from Pine Ridge Road (CR 896) to Gulf Park Drive, a County Road. The addendum would expand the existing boundary to Vanderbilt Beach Road. CONSIDERATIONS: Median landscaping for North Tamiami Trail (SR 45), from Gulf Park Drive to Vanderbilt Beach Road (CR 862), has been identified in the Collier County Streetscape Master Plan. On December 14, 1999, the Board approved Item 12(C)(2) for the Pelican Bay MSTBU to provide financing for landscape beautification on US 41 North from Pine Ridge Road to Vanderbilt Beach Road. The Board approved cost sharing for landscape beautification of that portion of US 41 North from Pine Ridge Road to Vanderbilt Beach Road according to the original agenda item. The estimated cost of the US 41 North Beautification project was estimated to cost $502,000. The project was divided into two (2) segments: Segment 1: US 41 North Phase I segment, Pine Ridge Road to Gulf Park Drive, was completed the first Quarter of 2002, The US 41 North Phase I project was a 50/50 match between Fund 322, Pelican Bay Irrigation & Landscaping System Analysis, and MSTD General Fund 111 for a total amount not to exceed $502,000. Through the execution of the Landscaping Installation and Maintenance Highway Agreement, Collier County assumed maintenance responsibility of the US 41 North Phase I. Segment 2: Pelican Bay MSTBU will fund the construction cost of US 41 North Phase II, Gulf Park Drive to Vanderbilt Beach Road (1.34 centerline miles). Collier County is required to enter into an agreement for the maintenance of landscaping improvements within FDOT rights-of-way, therefore requesting Collier County to assume the maintenance responsibility of US 41 Phase II. FISCAL IMPACT,: Estimated construction costs for US 41N are $288,000, which will be funded from Pelican Bay MSTBU Irrigation and Landscaping System Analysis Fund 322, Cost Center 183825. The fiscal impact associated with this project is maintenance for the landscaping and irrigation improvements (1.3 total miles of improvements) at an estimated $105,000.00 per year, which will be maintained by Collier County Transportation Maintenance Department, Landscape Operations. Pelican Bay Services Division will maintain rights-of-way adjacent to the Pelican Bay Development. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION_: That the Board of County Commissioners approve the furore landscaping of US 41 North from Gulf Park Drive to Vanderbilt Beach Road, authorize the Chairman to expand and to execute a Highway Landscaping Installation and Maintenance Agreement with the FDOT, and authorize staff to provide any documentation necessary to carry out the Boar, d's direction. Pamela J. Lulich, AS~L~/, Lan~cape Operations Manager ja!~es P. Ward, Department Director, Pelican Bay Services REVIEWED BY: Julio F.~)f~onez, PE, S~ior/~oje~a/ger Edward J. Kant, ~_s. portatio~n Operations Director ', - L~- k.~zLi~ c I?' , 'Stephe<n.'' y. Qameql, Purchasing Director Nom~an 1~. Feder, AICP, Transportation Services Admmlstrator Date: Date: d./9~'/~' 4_.- Date: EXECUTIVE SUMMARY TO APPROVE THE APPLIED-FOR TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM COMCAST CORPORATION TO AT&T COMCAST CORPORATION OBJECTIVE: To have the Board of County Commissioners adopt the enclosed Resolution to thereby approve an application to transfer control of the Comcast Franchise Agreement to AT&T Comcast Corporation, and to accept a letter from Comcast as an amendment to Comcast's Franchise Agreement with Collier County. CONSIDERATIONS: This merger will result in a transfer of control of management from Comcast to AT&T Comcast. The individuals who presently manage these facilities in Collier County will not change because of this proposed merger, but the Franchisee's ultimate parent company (headquartered in Philadelphia, Pennsylvania) will be different and the future financial health of that parent company (AT&T Comcast) may control future financial decisions regarding Collier County' s Franchisee. It is staff's opinion that Comcast Corporation has met the minimum filing requirements of Collier County Ordinance No. 88-90, and the requirements of the Federal Communications Act of 1934, as amended, by filing its complete application for transfer of control of its Cable Television Franchise to AT&T Comcast Corporation. Pursuant to federal law, the Board, acting in its capacity of "Franchising Authority" for the unincorporated area of Collier County, absent a continuance, must act on this application within 120 days receipt of a completed application, or consent to the application is deemed to be granted by default for failure to act within that time frame. That expiration date is July 8, 2002 (unless that date is extended at the request of the applicant). Federal law dictates that the Board's consideration must focus on the qualifications of the new controlling entity (AT&T Comcast) and that the Board's consent to the application cannot be unreasonably withheld. It is staff's opinion that there is no basis on which to deny the application based upon alleged failures of Comcast to abide by its Franchise Agreement. Staff has investigated recent allegations that Comcast has unduly discriminated in Collier County by not offering exclusive service agreements throughout Comcast's franchised area. Staff has concluded those allegations are without merit and the application cannot be denied based upon such allegations. In staff's opinion there are no issues regarding the technical or the legal capabilities of AT&T Comcast. Therefore, the only issues relate to the projected financial stability of ' AT&T Comcast from now until the year 2006. Neither federal law nor FCC regulations provide franchising authorities with any guidance concerning the evaluation of the financial qualifications of a transfer applicant for a cable franchise. ~A 2 5 2007 Staff has reviewed several very recent publications regarding the financial health of AT&T Comcast as projected to exist after the planned merger. Each publication contains opinions whether the proposed merger is in the interests of existing customers of current Franchisees that will controlled by AT&T Comcast after the merger. These referenced publications prove that there are differences of opinion among financial experts regarding the projected future economic stability of AT&T Comcast if the proposed merger takes place. The concerns of these financial experts seem to focus on the time period from the present to the end of 2006. It appears to be generally agreed that the problematic time frame for AT&T Comcast should cease by the end of 2006. Staff had two (2) major concerns. "Normal" rate increases that could occur from time-to- time irrespective of the proposed merger are not the concern. The concern was the potential for rate increases between now and 2006 that would not occur but for the proposed merger. To moot this concern, Comcast has agreed, by letter, dated June 11, 2002, from Sheila R. Willard, Senior Vice President, Government Affairs, Comcast Cable Communications, Inc., that the costs associated with the Proposed Transaction shall not result in any increase in subscriber rates in Collier County until 2007, but "normal" rate increases are not affected. That promise is made on behalf of Comcast and AT&T Comcast. That letter is attached to the Resolution and approval of the Resolution will operate as acceptance of that letter as an amendment to Comcast's Franchise. The second concern of the various financial experts is the possibility that AT&T Comcast may not - until 2006 - have the financial ability to fulfill promised capital improvement projects that exist in some franchise agreements throughout the United States, or that the existing levels of customer service might suffer. Those promises to expend capital will, in effect, be assigned to AT&T Comcast if the merger takes place. Fortunately for Collier County, Comcast's Franchise has no contingent obligations to make promised capital improvements out to 2012. Vice-President Willard, in her letter of June 11, 2002, writes that AT&T Comcast shall not take any action that will prevent the local franchisee (namely, the local Comcast management) from complying with the terms of Comcast's Franchise Agreement with Collier County. Therefore, relying on her letter, there appear to be no promises made by Comcast in its Franchise Agreement with Collier County that will be negatively impacted by future decisions of management of AT&T Comcast at corporate headquarters in Philadelphia, Pennsylvania. Comcast's local representatives, by another letter, dated June 12, 2002, (also attached to the Resolution) have assured that the qualify of customer service will not diminish in Collier County Prominent, knowledgeable financial institutions are investing in the assets of this proposed merger after analyzing the pros and cons. The fact that these financial institutions are investing money into this proposed merger may be evidence that the contingencies of the proposed merger are viewed as acceptable financial risks. Finally, as of the date of this Executive Summary, no local franchising authority in the United States has voted to "deny" any Comcast application requesting approval of the applied-for merger. AGENDA I. LT-EM., No. IC2-J'~ ~- JUN 2002 FISCAL IMPACT_.' There will be no direct fiscal impact on Collier County as an entity. On March 8, 2002, Comcast Corporation submitted a nonrefundable application fee of $10,000, completing the application for transfer. These funds have been deposited in · Fund 111-013010 (Franchise Administration). GROWTH MANAGEMENT IMPACT,: None. REcoMMENDATIONs: Staff recommends that the Board of County Commissioners adopt the attached Resolution to approve the applied-for request for the transfer, although there are some concerns because of unknown contingencies. On the other hand, Sheila R. Willard, a Senior Vice-President of Comcast (Corporate headquarters in Philadelphia, Pennsylvania) has agreed by letter dated June 11, 2002 (attached to the Resolution) that there will be no rate increases in Collier County prior to 2007 that are driven in whole or in part as a result of the subject applied-for merger, and that the management of AT&T Comcast in Philadelphia will make no decisions that will negatively impair Comcast's local administration so as to violate any provision in Comcast's Franchise Agreement with Collier County. Comcast's local management, by letter dated June 12, 2002 (also attached to the Resolution) has assured Collier County that customer service in Collier County will not diminish as a result of this merger. Approval of the attached Resolution accepts Vice-President Willard's letter as an amendment to Comcast's Franchise with Collier County. PREPARED BY: Date: D. E. "Bleu" Wallace, Director Operations Department REVIEWED BY: _ / ~ Date: Thomas C. Palmer Assistant County Attorney Bye: /~,.-,~---,~r~_ ~',-~r',,-.°7/ ~, ._ ~ / APPROVED /; Jc~ph K. Schl~it~, Administrt~tor on~munity Development & Environmental Services Division 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF' COLLIER COL.'NTY, FLORIDA, APPROVING TIIE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM COMCAST CORPORATION TO A MERGED COMPANY, AT&T COMCAST CORPORATION, AND ACCEPTING AN AMENDMENT TO THE FRANCHISE WHEREAS, COMCAST CABLEVISION OF THE SOUTH, 1NC., assigns, and current ("Franchisee") is an indirect subsidiary of Comcast Corporation ("Comcast") and Comcast intends to merge with AT&T Broadband Corp. to create a new company to be known as AT&T Comcast Corporation (the "Merger"). Franchisee is now duly authorized by the Collier County Board of County Commissioners ("Board") (the "Franchise Authority") to operate and maintain a cable communications system (the "System") w~thin its franchised areas pursuant to a franchise agreement (The "Franchise") heretofore granted by the Franchise Authority; and WHEREAS, Franchisee nas requested the Board to consent to this proposed Merger, and in accordance wiS'the requirement of the Franchise, Franchisee, under a cover letter dated February 25, 2002, from Comcast's Senior Vice President, Government Affairs. Shells R. Willard, FCC Form 394 ("Application") has been filed with the Board, acting as the Franchise Authority; and WHEREAS, pursuant to an Agreement and Plan of Merger between Comcast corPoration and AT&T Corporation, Comcast Corporation and AT&T Corporation plan to merge into a new company called AT&T Comcast Corporation; and Franchisee may elect as perm:tted byqaw to convert or reorganize its legs} form to a limited liability company ("I_LC Conversion"); and WHEREAS, Following the merger and any LLC Conversion, Franchisee will continue to hold the Franchise and all day-to-day authority over the operations of the Franchisee will remain with the current Comcast Corporation CEO. Brain L Roberts; and WHEREAS, The Board, as the Franchise Authority, hereby consents to the proposed Merger and the possible LLC Conversion and accepts as an amendment to the Franchise Agreement the letter of June 11, 2002, from Vice President Willard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU,'NTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: Section 1. The Board of County Commissioners of Collier County, Florida, as the "Franchise Authority" heieby consents the transactions to tho extent that its consent is authorized by the terms of t.ke Fr~.nchise Agreement and by applicable law, and accepts Vice President Willard's letter 9f June I 1, 2002 as an amendment to the Franchise Agreement. THIS RESOLUTION ADOPTED this day of June, 2002, after motion, second and majority vote favoring adoption; this Resolution is effective immediately. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney JAMES N. COLETTA, Chairman 2002 omc st Sheila P.. W~lard Senior Vice President Government AlT-ai~ Comcast Cable Communications, {nc. 1500 Market Slzeet, West Towe~, 28FL . Philadelphia, PA 19102 $unc 11, 2002 Mr. Tom Palmer Assistant County Attorney Collier County 3301 Fast Tamiami Trail NapleS, FL 34112 Re: AT&T Comcast Transaction Dear Mr. Palmer: Thank you for taking the time to meet with Comcast regarding the proposed merger with AT&T Broadband and any concerns that you may have with regard to what impact this transaction will have on subscriber rates, or your local franchisee's ability to comply with the terms of its ex/sting franchise agreement. AT&T Comcast represents and warrants that costs associated with the Proposed Transaction shall not result in any increase in subscriber rates. In addition, A&T Comcast shall not take any action that will prevent local franchisee from complying with the terms of their franchise agreement. Should you have any questions regarding this representation and commitment, please do not hesitate to contact me, or your local Comcast contact, Maureen Cestari. SincerelS,, cc: Tc~xy Bienstock, General Counsel and Executive Vice President Tom Nathan, Senior Vice President of Law Alison Jenldn, Division Vice President Klayton Fennell, Director, Government Affairs Barbara Hagen, General Manager Maureen Cestari, Area Director, Community Affairs AGENDA IT"~I~ Ut4 2 5 200 ( omcast June 12, 2002 Comcast CaJ31e CommumCatien~, Inc. 301 Tower R~aa Na,ote& FL 34113-8074 941-793-~600 941-793-1317 Fax Mr. Tom Palmer Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Palmer: Thank you for taksng the time to meet with Maureen and I on Tuesday, June 11a. ~ time we spent yesterday helped me understand the concerns of the county as it relates to the proposed AT&T Comcast merger. As you stated staffhas two concerns relating to this transaction, the first was regarding a nationwide price adjustment as a result of the merger and your second area of concern was the availability of funding to fulfill local franchise obligations in Collier County. I have attached a letter from our corporate office addressing both of these concerns. We are pleased to inform you that as of Apr/1 1,2002 Comcast has fulfilled all financial obligations that are included in our franchise agreement and the first amendment to that document. The major obligations were as follows: Pelican Bay to be upgraded to 750 megahertz within six months This upgrade was actually completed two months ahead of the deadline. Digital cable to be offered w/thin six months Digital Cable was available to Collier County residents one month ahead of deadline. Cable system to be upgraded to two-way 750 megahertz within six months This project was completed five months ahead of the deadline. Comcast to research if it is economically feasible to construct a cable extension to Chokoloskee Island and surrounding Everglades City This project has also been comrleted. The residents of Chokoloskee and Everglades have been comaectcd to the Collier County (Naples system) via fiber optics. Project completed April, 2002. Mr. palmer, again Comcast has fulfilled all technical, financial and.legal obligations as was contracted with the county. In addition, the customer service audit also confirmed that Comcast is in full compliance with our franchise agreement. We are confident that this information will serve to satisfy any concerns that the county may have had. We again thank you for your guidance during this process and the willingness of staffto discuss any concerns relating to the transaction. I personally look forward to continuing to build the relationsh/p that exists today betwetm Comcast, county staff and the residents of Collier County. Sincerely, Barbara Hagen Vice President / General Manager Attachment JUN 2 5 2002 AMENDED* NOTICE OF REQUEST FOR CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that the County Attorney of Collier County will request at the Board's Land Development Code Amendments Meeting on Wednesday, June 19, 2002, at 5:05 p.m., to be held in the Commission conference room, 3r~ Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, and pursuant to Section 286.011(8), Fla. Stat., that the Board of County-Commissioners meet in executive (closed attorney-client) session on TUESDAY, JUNE 25, 2002, in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement and litigation strategy related to litigation expenditures of the pending litigation case of SHADER- LOMBARDO INVESTMENTS, LLC v. COLLIER COUNTY, Case No. 01-4135-CA-HDH, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. *Please note that a previous Notice of Request for Closed Attorney-Client Session was distributed that erroneously listed the case of Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County, Case No. 01-5080-CA-HDH as the case to be discussed in the executive session. Please be advised that the above captioned case of SHADER-LOMBARDO INVESTMENTS, LLC v. COLLIER COUNTY, Case No. 01-4135-CA-HDH is the CORRECT case to be discussed in the executive session. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT PROPOSAL FOR SHADER-LOMBARDO INVESTMENTS, LLC V. COLLIER COUNTY, CASE NO. 01-4135-CA-HDH, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board to approve a settlement proposal for Shader-Lombardo Investments, LLC v. Collier County, Case No. 014135-CA-HDH, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. CONSIDERATIONS: This lawsuit arises out of the decision of the County to revoke certificates of occupancy on six (6) of the thirty-six (36) units in Phase II/Building 2 in the Vanderbilt Villas PUD. As the Board will recall, there were two (2) phases of buildings in this PUD. Phase I/Building 1 was built approximately twelve (12) years ago. Some time after Phase I/Building I was completed, the original developer sold its rights to another developer and that developer has now constructed Phase II/Building 2. At approximately the time the certificates of occupancy for the thirty-six (36) units in Phase II/Building 2 were issued, an issue was raised as to the proximity of Phase II/Building 2 to Phase I/Building 1. Upon investigation, the County concluded that the buildings were too close together and that Phase II/Building 2 had violated the minimum distance requirement of twenty (20) feet as set forth in the governing PUD Ordinance, i.e., Ordinance No. 87-57, as amended. Accordingly, certificates of occupancy for six (6) of the thirty-six (36) units were revoked by the County. The developer of Phase II/Building 2 then sought a variance but withdrew its variance application without receiving a final vote from the Board of County Commissioners. Thereafter, the developer of Phase II/Building 2 sued the County and the condominium association for Phase I/Building 1, i.e., Vanderbilt Villas Condominium Association. Inc. (hereinafter referred to as the "Association") intervened as a defendant. Both the County and the Association counterclaimed and demanded that the units that were too close to Phase I/Building 1 be removed from Phase II/Building 2. On or about April 23, 2002, after review by the County's Building Department, the County agreed to enter into a partial settlement with the plaintiff/developer of Phase II/Building 2 by releasing certificates of occupancy on three (3) of the six (6) units at issue. This partial settlement agreement was premised upon the fact that those three (3) units could be occupied provided the plaintiff/developer took necessary safety measures should it ever be determined that its position was incorrect and that the three (3) units closest to Phase I/Building I had to be removed. On June 12, 2002, a mediation was held in the case pursuant to an order from the Court. While the mediation remains open, the parties agreed to go to their respective clients with a proposed settlement agreement along the following lines: 1. Because the Association alleges that the unit owners in Phase I/Building I have been damaged economically by the failure of the Phase II/Building 2 to meet the minimum distance requirement between principal structures in the Vanderbilt Villas PUD, both the Association and the Phase II/Building 2 developer would retain MAI appraisers, who in turn would choose a third appraiser, to calculate these alleged damages. 2. The Association and the plaintiff/developer of Phase Il/Building 2 wa the amount of damages determined by the three (3) appraisers. ~40 JUl': 2 5 2002 3. The damages would then be paid by the plaintiff/developer of Phase II/Building 2 to the Association and the unit owners in Phase I/Building I according to a formula to be agreed upon between the Association and the plaintiff/developer of Phase II/Building 2. 4. In order to facilitate this settlement, the County would pay up to $20,000.00 for appraisal fees and, to the extent the appraisal fees were less than $20,000.00, the remaining funds would be contributed to the damages to be paid to the Association and the unit owners in Phase l/Building 1. '5. The Association and the plaintiff and developer of Phase IVBuilding 2 would take the necessary steps to amend the Vanderbilt Villas PUD to reflect the settlement and would bear all costs associated with that PUD amendment. 6. The County would receive complete releases from all unit owners in both Phase l/Building I and Phase Il/Building 2 as well as from the Association and the developer/plaintiff in the lawsuit. FISCAL IMPACT: If the County agrees to this settlement, the maximum fiscal impact on the County would be $20,000.00. It appears that those funds would be properly paid from the County's Property & Casualty Fund no. 516-121-650. If the County rejects settlement along these lines, litigation will continue and it is estimated that the cost in staff time, attorney time, deposition and other fees as well as expert witness fees will exceed $10,000.00 from this point forward. In addition, the plaintiff/developer of Phase IIfBuilding 2 is claiming that it has been damaged in excess of $2 million. While the County vigorously disputes both the plaintiff/developer's position in the lawsuit and this claim of damages, there remains at least some risk that should the plaintiff prevail, it will also be able to recover damages against the County. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve settlement along the lines outlined in this Executive Summary and direct the Office of the County Attorney to prepare and obtain the appropriate and necessary settlement documents and authorize the Chairman to execute those documents once they are approved by the Office of the County Attorney. PREPARED BY: . ,, ,4 . Michael W. Pettit, Assistant County Attorney REVIEWED BY: Sheree Mediavilla, Risk Manager APPROVED BY: l ~vid ~. '~Teigel, ~o~nty Att~aey DATE: DATE: DATE: h:/Public/Litigation/Open Cases/shader lombardo/exec sum re settlement for 0625 bcc mtg 061702 AGENDA~IEIvi NC). JUt: 2 5 2002 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH CITY OF NAPLES TO UNDERTAKE CONSTRUCTION OF NEW RIVER PARK COMMUNITY CENTER USING $750,000 ($250,000 PER YEAR FOR THREE YEARS) OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING. THE BOARD OF COUNTY COMMISSIONERS APPROVED THIS PROJECT AS A PART OF THE COUNTY'S CONSOLIDATED PLAN FY 01-05 ON MAY 8, 2001. OBJECTIVE: Fo have the Board of County Commissioners approve an Agreement between Collier County and the City of Naples to undertake a construction of new River Park Community Center using $750,000 ($250,000 per year for three years) of the County's Community Development Block Grant (CDBG) funding. CONSIDERATIONS: On September 26, 2000, Collier County and the City of Naples entered into un Urban County Cooperation Agreement to jointly participated in the Community Development Block Grant program under an "Urban County" designated by the United' States Department of Housing and Urban Development, and the City of Naples has opted to be included in the Urban County Program tbr Federal Fiscal Years 2001-2003. On May 8. 2001, the Board of County Commissioners approved the County's Consolidated Plan FY 01-05 which included City of Naples pro.ject to use the County's CDBG funding to undertake a construction of new River Park Community Center. FISCAl, INIPACT: The total amount anticipated to be funded is $750,000 (S250.000 per year for three years) of CDBG funds. GRO~VTH MANAGEMENT IMPACT: This project i~ consistent with the policies and objectives of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the Agreement between the City of Naples and Collier County. SUBMITTED BY: ~ Date: Lee H' ~tZy/~an/~rbal~2 pr°vement Combs, HUD/Feder~'~Drants Manager REVIEWED BY: }'~ 1~~ ' Date: H. Denton Baker, Interim Director Housing and Urb~mprovement BY: /ff~~ Date: APPROVED ,,.'~0seph K)Schmitt. Admiralz ~ /' 'stratcJ}' ~/' Communitx Dexelopment ~ Enxironmental JUN 2 5 2002 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-0 ! -UC- 12-0016 THIS AGREEMENT. is entered into this day of, 20__, by and between Collier County, a political subdivision of the State of Florida. hereinafter referred to as "COUNTY", and the City of Naples, a municipal corporation in the State of Florida, hereinafter referred to as SUBRECIPIENT. WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community De;'elopment ,Act of 1974 (as amended): and WHEREAS. Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG/funds for: slum or blight treatment or for an urgent community need: to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements: to improve the condition of life for persons who require physical access or other services that meet their individual needs: and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, County and the City of Naples have entered into an Urban County Cooperation Agreement on September 26. 2000, to jointly participate in the Community Development Block Grant program under an "L rban County" designation by the United States Department of Housing and Urban Development, and the City of Naples has opted to be included in the Urban County Program for Federal Fiscal Years.2001-2003. WHEREAS, the Fiscal Year 2001-2002 Consolidated One-Year Action Plan was developed following the Collier Count)' Consolidated Plan - Citizen Participation Plan. adopted on January 9.2001 SUBRECIPIENT AGREEMENT CITY OF NAPLES JUN 2 5 2002 Pa2c I of IS WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan for Federal Fiscal Year 2001-2005 for the CDBG Program by resolution on May 8. 2001: and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan for Federal Fiscal Year 2001-2005 and the Urban County Cooperative Agreement for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan: and WHEREAS. COUNTY and City of Naples desire to provide the activities specified in Part II of this Agreement. in accord with the approved Annual Consolidated Plan: and WHEREAS. COUNTY desires to engage City of Naples to implement such undertakings of the Community, Development Block Grant Program as a worthwhile County purpose. NOW, THEREFORE. in consideration of the mutual promises and covenants herein contained, it is agreed bv the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) ¢7) (8) "County" means Collier County. and where applicable, its authorized representative(s). "CDBG" means the Communi(.v Development Block Grant Program of Collier County. "HUI" means Collier County Housing and Urban Improvement. "SUBRECIPIENT" means ~gity of Naples. "HUI Approval" means the written approval of the HUI Department or designee. "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by U.S. HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A." 1I. SCOPE OF SERVICES necessary to conduct the program outlined in Exhibit "A." and shall submit each reqL using the cover sheet in Exhibit "B" along v, ith Exhibit "C." all of which are attached hereof. The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HUI. perform the tasks .=st for reimbur,,,ement te re to~8~l[l~ tilla~ par SUBRECIPIENT AGREEMENT CITY OF NAPLES JUN 2 5 2002 Pa~e 2 of I N III. TIME OF PERFORMA: CE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project bv U. S. HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of'this Agreement, and the services of the SUBRECIPIENT shall be undertaken-and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the City of Naples prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreemeht shall automatically revert to the County, as set forth in Part VIII F (e). and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $750,000.00 ($250,000 per year for three },'ears per Urban County' Cooperation Agreement) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed bv SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES ,All notices required to be given under this Agreement shall be sufficient when delivered to HUt at its office. presently located at 2800 North Horseshoe Drive. Naples. Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one 1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the reqmrements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Communit}' Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIP1ENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HUI Policies and Procedures memoranda. The Federal, State. and County laws. ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HUI. No payments will be made until approved by the HUI Department or designee. Should a project receive additional funding after the commencement of SUBRECIPIENT shall notif}; HUI in writing within thirty t30) da.', s oft] from the funding source and submit a cost allocation plan fc, r ap~ SUBRECIPIENT AGREEMENT CITY OF NAPLES Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE VYrlTH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS 10. 11. 12. 13. 14. 15. During the performance of the Agreement. the SUBRECIPIENT agrees to comply with an), applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 5?0, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title Vll of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1908. as amended. Age Discrimination Ac/of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract XVork - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 JUN 2 5 2OO2 · N SUBRECIPIEi T AGREEMENT CITY OF NAPLES Page 4 of 15 18. 19. 20. 21. 24. 25. 26. 27. 28. 29. 30, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order I 1246 as amended by Executive Orders I 1375 and 12086. Executive Order 11914 Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fail' Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms fi'om foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS SUBRECIPIENT AGREEMENT CITY OF NAPLES Any work or services subcontracted by the SUBRECIPIENT shall be specifically' by written cor~tract or a_oreement, and such subcontracts shall be subject to each proxision of. this Agreement a~d applicable County, State. and Federal guidelines and ~c~ui~li~>r to JUN t 5 execution bv the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted 6v the SUBRECIPIENT to HUI for its review and approval, ~;hich will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and lee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed tee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the HUI Department or his designee. D. AMENDMENTS The County may. at its discretion, amend this Agreement to conform with changes required by Federal. State. Count>'. or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by ,a. ritten amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed bv each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnifv and hold the County. its agents, its employees and elected officers harmless from and against any and all claims. liability, expense, loss. cost. damages or causes of action of every kind or character, including attorne'v's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement. or due to the act~ or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HUI in all publications and publicity. In addition, the SUBRECIP1ENT will make a good faith effort to recognize HUI's support for all activities made possible v,'ith funds made available under this Agreement. G. TERMINATION In event of termination for anv of the following reasons, all finished or data studies, surveys, dra,,virigs, maps. models, photographs, reports SUBRECIPIENT AGREEMENT CITY OF NAPLES equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HUI or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT. and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants. agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reasor~, terminate this Agreement upon ten (10) working day's written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended)' is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. H. INSURANCE Liabilit5 or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than S100.000 per person and $200.000 per accident/occurrence per Florida Statutes § 768.28 and S2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. BUSLNESS AUTOMOBILE LIABILITY SUBREC1PIENT AGREEMENT CITY OF NAPLES The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than Sl00,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and S2.000,000 per accident for federal and outside Florida litigation per Florida Statutes .~ 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 )'ears with deductibles not exceeding SI000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Pavee. The SUBRECIPIENT shall' agree to be fully responsible for any deductibles, selt:-insured retention or uncovered losses. The SUBRI2CIPIENT agrees this coveru~: snat~kl~'t~.~ed on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent. to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida. its Officers, Employees, and Agents, c/o Department of Housing and Urban Improvement". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Manao_ement Department, in cooperation with the Department of Housing and Urban Impro~'ement, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throu~ohout the life of this Agreement. The County reserves the right, but not the obligation. to rexTiew and reject any insurer providing coverage because of its poor financial condition or failure to operate legality. VIII. INDEPENDENT .AGENT AND EMPLOYEES The SUBRECIPIENT agrees that. in all matters relating to this Agreement. it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, survexs, information, documents, maps. and other data procedures developed, prepared, assenibled, or completed by the SUBRECIPIENT for the Agreement shall be made available to the County by the SUBRECIPi request by the County or HUI. Upon completion of all work co SUBRECIPIENT AGREEMENT CITY OF NAPLES A~reement copies of all documents and records relating to this Agreement shall be suYrendered to HUI if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to HUi using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law. including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates. and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and ,ooods, including capital equipment, shall be made by purchase order or by a written contract auld in conformity with the procedures prescribed by the Federal Management Circulars A-110 (Uniform Admini}trative Requirement for Federal Grants), A-122 (Cost Principle for Non-Profit Organization), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein bv reference. D. REPORTS, AUDITS. AND EVALUATIONS Reimbursement will be contingent on the timely' receipt of complete and accurate reports required by this Agreement. and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HUI. COUNTY. AND U.S. HUD REQUIREMENTS HUI shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HUI, the County, or U.S. HUD at any time. F. PRIOR WRITI'EN APPROVALS-SUMMARY The following activities require a written approval of the HUI Department or designee in order to be eligible for reimbursement. (a) (b) (c) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement: All out-of-town travel: (travel shall be reimbursed in accordance with Florida Statutes, Chapter I 12.061 ); All chano_e orders over $2.000: and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds. ~vheth :~ t',,, ~l~&~,~,t of living. I,~ l~; ~ ~ SUBRECIPIENT AGREEMENT CITY OF NAPLES G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HUI, the Count),', U.S. HUD. or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principle for Non- Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days alter the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HUI. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne bv the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State. Local Governments, and Non-Profit Organizations). the County reserves the right to require submission of audited financial statements and/or to conduci a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT. as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from actixities financed in whole or in part by funds provided hereunder must be reported to HUI. Such income would include, but not be limited to, income fi'om service fees. sale of commodities, and rental or usage lees. The SUBRECIPIENT shall report its plan to utilize such income to HUI. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants! and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), ma5.' be retained bv the City of Naples. Program Income shall be utilized to undertake activities specified in the One-Year 'Action Plan pertaining to the City of Naples project(s) and all provisions of this Atreement shall applY to said activities. Any Program Income on hand at or received by the SIT. IBRECIPIENT or its sub-contractors alter the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to the City's requests to utilize uncommitted funds. I. GRANTCLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment. 'N to the CO[_:: TYt. and unspent cash advances, program income balances, and receixable accounts determining the custodianship of records. SUBRECIPIENT AGREEMENT CITY OF NAPLES JUN 2 5 2002 p{. l I Page 10 of IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COYlPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to. discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment: and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Aereernent. the SUBRECIPIENT shall make a positive effort to utilize small business and m~noritv/women-owned business enterprises of supplies and services, and provide these sources'the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maxirnunl extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier' County in the CDBG Annual Consolidated Plan approved by U.S. HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51,c7c) of the beneficiaries of a project funded through this Ao_reement must be low- and moderate- income persons. II' the project is located in an en~titlement city. as defined by U.S. HUD. or serves beneficiaries countywide, more than thirty percent (30C/c) of the ber~eficiaries directly assisted through the use of funds under this A~reernent must reside in unincorporated Collier County or in municipalities participating in th~ County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated ira Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HUI upon HUI's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this A~reement. comparisons of planned versus actual progress relating to project scheduling. bt~d~oets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon reqt~est to HUI, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by HUI or the County. The SUBRECIPIENT shall, upon the request of HUI. submit' int'ormation and status reports required by HUI. the County or U.S. HUD on forms approved by I evaluate s~id progress and to allow for completion of reports required The SUBRECIPIENT shall allow HUI or U.S. HUD to monitor the SL SUBRECIPIENT AGREEMENT CITY OF NAPLES Such site visits may be scheduled or unscheduled as determined bv HUI or U.S. HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or dezree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HUI provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it. its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required bv F.S. 287. 133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIE~ :T. as a condition of bein~ awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701 ) and with HUD's roles at 24 CFR Part 24. subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan. the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment, or modification of any Federal contract, grant, loan. or cooperative agreement. SUBRECIPIENT AGREEMENT CITY OF NAPLES If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL. "Disclosure Form to Report Lobbying". in accordance xv 211 its }~<t,-,,,-,i,~n::. -: JtJN 2 5 2 02 ,~r'Paoe l '~ of The undersigned shall require that the language of this certification be included in the a~vard documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control which is acquired or improved in whole or part with CDBG funds in excess of S25,000 must adhere to the CDBG Regulations 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT. as Subrecipient. agrees to comply with the following requirements insofar as they apply to the performance of the Contract: B. Clean Air Act. 41 U.S.C.. 7401. et seq. C. Federal Water Pollution Control Act. as amended, 33 U.S.C. 1251. et seq.. as amended. 1318 relating to inspection, monitoring, entry, reports. and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R.. Part 50. as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001 ), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT SUBRECIPIENT AGREEMENT CITY OF NAPLES The Subrecipient agrees that any construction or rehabilitation of residential structures ~,'ith assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608. and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosin,q and require that all ox~ net,, prospective o~vners, and tenants of properties const*~.tl~ ql~r to JUN 2 5 2002 Page 13o1'15 P~. I'T 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966. as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal. state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If an,,,' provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder ',','ould then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement. the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that ,,','as acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars/525.0001 ',','ill be covered by the regulations 24 CFR Part 570.503/B~/8/. XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(.j) specifies the limitations on CDBG funds, and is herein incorporated by reference. 6. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in t~vo !2/ counterparts, each of whom shall be deemed to be an original. and such counterparts will constitute one and the same instrument. 7. ENTIRE UNDERSTANDING SUBRECIPIENT AGREEMENT CITY OF NAPLES This Agreement and its provisions merge any prior agreements, if an.',,, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, coxenants, or undertakings other than those expressly set I:~ rth herein. ~C, rr.~ i'rr~ JUN 2 5 2002 Page 14 of 5 WITNESS our Hands and Seals on this day of , 20 CITY OF NAPLES Approved as to form and Legal sufficiency: Robert D. Pritt, City Attorney BY: Bonnie R. MacKenzie, Mayor ATTEST: Clerk of Council BY: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney SUBRECIPIENT AGREEMENT CITY OF NAPLES AGENDA JUN 2 5 2002 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The City of Naples procurement process for consultants shall also incorporate any sub-consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE ' The City of Naples proposes to construct a new River Park Community Center recreational facility at 301 I 1t~i Street North, Naples. Florida 34102. The new' one-story structure will be I 1,400 square feet and include a variety of educational, recreational and community based programming opportunities. Much of the facility w'ill provide multi purpose space including a large meeting room/banquet facility, classroom space for preschool and aflerschool programming, arts and craft area and dance. In addition, some single purpose space includes a computer lab and library, weight room and kitchen facility. Construction of the 11.400 square foot facility ,.','ill begin in early May 2002 with completion projected for January 1. 2003. NOTE 1' The SUBREC1PIENT shall prioritize the work in the Project. and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow' the award of items that can be funded by the budget. NOTE 2: The SUBRECIPIENT shall not request reimbursement from HUI for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for.materials and equipment that have been installed. The SUBRECIPIENT further agrees that HUI, in consultation with any parties HUI deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: The budget for the entire River Park Community Center project includes construction of the new 11.400 square toot facility and improvements to the swimming pool. basketball court, playground. lighting and landscaping. The total project cost is S2.000.000 with S1.200.000 in City bond funds the remaining S800.000.00 from Community Development Block Grant (CDBG) funds 2000. and q~,~ (~0, and (S750.000 under the Urban Count,,, Cooperative Agreement dated September 26 of the City. of Naples CDBG run'ds received prior to the Urban County Coo~ CDBG funds are being applied on15 tow'ard the construction of the community o exceed SI.440.000.00. The total budget is as follows: ;-ati g ent). rltel~ot Building demolition (OAK) Sitework (OAK) Building Construction (Owen-Ames-Kimball) Fencing & hardscaping (City) Landscaping, irrigation & sod (City) Pool improvements (City) Basketball court improvements (City) Site lighting (City) Playground improvements (City) Total Project Budget 20.000 110.000 1,440.000 50.000 100.000 100.000 100,000 30,000 50,000 $2,000,000 County allocated CDBG (Urban County Cooperative Agreement) City of Naples CDBG (prior to UCCA) Total CDBG S750,000 50.000 S800.000 Anv indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the City of Naples, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to HUI. on behalf of the County, as the Grantee, for HUI approval, in a form specified by HUI. STA. FFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, ii' applicable. ASBESTOS REQUIREMENTS: The City of Naples shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit D. attached hereto, for construction work in connection with the Pro eot funded through this Agreement. DAVIS-BACON ACT: The City of Naples shall request tile County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The City of Naples shall comply w'ith the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The City of Naples shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The City of Naples agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture o}' future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities s REPORTS' The City of Naples shall submit detailed monthly prog(ess reports Improvement outlinin~ the status of specific activities under tile project. Each rt the total activity for which the Citv of Naples is reimbursed with CDBG funds, in part or in whole. and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainl.s' in the form of a narrative. The progress reports shall be used as an additional basis for HUI approval of invoices, etc. for reimbursement. JUN 2 ~ 200~ i EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Interim Director Housing and Urban Improvement 2800 North Horseshoe Drive Naples, FL 34104 Name of SUBRECIPIENT: Address: Phone: RE: INVOICE REIMBURSEMENT ,Attached. you v.'ill find Invoice # $ · requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment bv HUI: Signed: DATE: Printed name of HUI representatix e: JUN 2 5 2002 Status Report for Month of 1. Subrecipient: Mailing Address Contact Person Telephone: EXHIBIT C CDBG Subrecipient Report Submittal Date: Fax: 2. Activity Status~,lilestones: 3. Budget Status (if applicable): Activity Estimated Expenses Total Outstanding Amount Budget paid this Expenses Obligations requested month Paid to Date to Date 4. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor ID. Racial Contractor Address Subcontractor Contract Number /Ethnic 8,: Phone No. Code Codes: o 1. White 2. Black 3. American Indian/Alaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following entering the appropriate number in the blank spaces and in the chart below, ~t'o r nlll~O-Mlr~ 2002 TOTAL BENEFICIARIES This project benefits households) or (persons). Please circle one category {either "households" or "persons"). Enter the number ~?/'bez~eficiaries in the blank space and in box "l" below. INCOME Of the households or persons assisted, are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box "2", are low-income as indicated by the attached income chart. Enter this number in box "3" below. RACE This project assisted White. non-Hispanic households or persons REGARDLESS of income. Enter t/lix number in box "4" below. This project assisted this ~utmber i~l box "5" below. This project assisted American Indian or Alaskan Native households or persons REGARDLESS of income. Etger t/tis number in box "6" be[ow. This prQject assisted Hispanic households or persons REGARDLESS of income. Enter this mt.ther itt box "7" below. This project assisted Asian or Pacit'ic Islander households or persons REGARDLESS of income. Enter t/tis mlmt~er itt box "8" This project assisted in box "9" below. DATA VERIFICATION: Black. non-Hispanic households or persons REGARDLESS of income. Ettter FE.XlALE HEAD OF HOUSEHOLD Female Head of Households REGARDLESS of income. E~,ter this mtmt~er The sum of boxes 4.5.6,7 and 8 must equal the mJmber in box "1" BOX I BOX 2 [ BOX 3 BOX 4 BOX 5 BOX 6 BOX 7 [lOX 8 BOX 9 Total Lo~,~/ : Lo',~ : \~, hire not Black Not American Hispanic Asian or Female Number of M~xterate Income Hi,panic Hispanic Indian or Pacific Headed Households income ( )ngin Origin Alaskan Islander Household Assisled Nati:c ^C, ET A JUN 2 5 2002 EXHIBIT "D' ASBESTOS REQUIREMENTS PART A - SPECIAL CONDITIONS - ASBESTOS PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements # 1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work. the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least 10 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Housing and Urban Improvement Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's HUI Department immediately demolition Start Date changes. No demolition may start before the Sta~ the NESHAP notification and no demolition may occur without the proceed from the CounW. It is the responsibility of the Agency to call ar revised NESHAP notification to the above listed agencies, adhering to! if the Date on ~ _ iotice~f~lql3A ITEM sul~it ! ~ equired JUN 2 5 2002 NESHAP time frames. The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the prerehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto mmsport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofmg materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be mined in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (1) Meeting the requirements listed in Chapter 469.012(2) 8: (3) Florida Statutes regarding training of onsite roofmg supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; (2) Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested rr ethods ar:e_ slicing, shearing, or punch cutting while using wet met rods feasible. J UN 2 5 Z002 In the event ACM is found, the Agency will submit the following documentation to the County, department coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) years; (3) Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF STRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subeontmctors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a c~ his/her Florida py o J UN 2 5 2002 Asbestos Contractor license to the Collier County, department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will compl.y with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS ORM-E. NA9188 (Asbestos) Fourth Label: Label each container with the name of the generator (owner) and the location at which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be left on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label tracks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. - A copy of the WSR prior to shipment. - A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos~ Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. JtJN 2 5 2002 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH CITY OF MARCO ISLAND TO. UNDERTAKE CONSTRUCTION OF TALLWOOD STREET STORM WATER DRAINAGE SYSTEM USING $750,000 ($250,000 PER YEAR FOR THREE YEARS) OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (cDBG) FUNDING. THE BOARD OF COUNTY COMMISSIONERS APPROVED THIS PROJECT AS A PART OF THE COUNTY'S CONSOLIDATED PLAN FY 01-05 ON MAY 8, 2001. OBJECTIVE: To have the Board of County Commissioners approve an Agreement between Collier County and the City of Marco Island to undertake a construction of Tallwood Street storm water drainage system using $750,000 ($250,000 per year for three years) of the County's Community Development Block Grant (CDBG) funding. CONSIDERATIONS: On September 26, 2000, Collier County and the City of Marco Island entered into un Urban County Cooperation Agreement to jointly participated in the Community Development Block Grant program under an "Urban County" designated by the United States Department of Housing and Urban Development, and the City of Marco Island has opted to be included in the Urban County Program for Federal Fiscal Years 2001-2003. On May 8, 2001, the Board of County Commissioners approved the County's Consolidated Plan FY 01-05 which included City of Marco Island project to use the County's CDBG funding to undertake a construction of Tallwood Street storm water drainage system. FISCAL IMPACT: The total amount anticipated to be funded is $750,000 ($250,000 per year for three years) of CDBG funds. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the Agreement between the City of Marco Island and Collier County. SUBMITYED BY: ~ Date: Lee H. C?mbs, HUD/Fedgi:a~ Grants Manager H~us~g ar~ Urba0 Igaprovement REVIEWED BY: / C~/ ' "/-" C~:v~'L' Date: H. Denton Baker, Interim Director Housing and Urban Implement /~os~ph K. Sch~tt, Xdministmtor ~2.fimmunity Development & Environmental Services ~l)A ITEM JUN 2 5 2OO2 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND Catalog of Federal Domestic Assistance # 14.21 $ HUD Grant # B-01 -UC- 12-0016 THIS AGREEMENT, is entered into this day of, 20__, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Marco Island, a municipal corporation in the State of Florida, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended): and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit Iow and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need: to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements: to improve the condition of life for persons who require physical access or other services that meet their individual needs: and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, County and the City of Marco Island have entered into an Urban County Cooperation Agreement on September 26, 2000, to jointly participate in the Community Development Block Grant program under an "Urban County" designation by the United States Department of Housing and Urban Development, and the City of Marco Island has opted to be included in the Urban County Program for Federal Fiscal Years 2001-2003. WHEREAS, the Fiscal Year 2001-2002 Consolidated One-Year Action Plan was devel, Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9. 2001 SUBRECIP1EN AGREEMENT CITY OF MARCO ISLAND !ed follcm.'i~,- tr,~ JUPi £ ~1 /..uu~_ . P~. pa(,~ ©fJ5 WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consoli'dated Plan for Federal Fiscal Year 2001-2005 for the CDBG Program by resolution on May 8, 2001; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan for Federal Fiscal Year 2001-2005 and the Urban County Cooperative Agreement for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and City of Marco Island desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage City of Marco Island to implement such undertakings of the Community Development Block Grant Program as a worthwhile County purpose. NOW, THEREFORE. in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "HUI" means Collier County Housing and Urban Improvement. "SUBRECIPIENT" means City of Marco Island. "HUI Approval" means the written approval of the HUI Department or designee. "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by U.S. HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES necessary to conduct the progra,m,, outlined in Exhibit "A," and shall submit each reques: using the cover sheet in Exhibit 'B" along ~vith Exhibit "C." all of which are attached hereof. The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HUI, perform the tasks SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND JUN 2 § 2002 _ .._~c 2 of 15 III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by U. S. HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken-and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the City of Marco Island prior to June 30, 2004. Any funds not obligated by. the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $750,000.00 ($250,000 per year for three years per Urban County Cooperation Agreement) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to ali records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HUI at its office, presently located at 2800 North Horseshoe Drive, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning, Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS mo SUBRECIPIENT IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures ofitlined in HUI Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HUI. No payments will be made until approved by the HUI Department or designee. Should a project receive additional funding after the commencement of SUBRECIPIENT shall notify HUI in writing within thirty (30) days of r fi'om the funding source and submit a cost allocation plan for ap AGREEMENT CITY OF MARCO ISLAND this Agreement. the :ceivi ~l~-l~ion ~rovl~l~ bv the H..UI z 5 Pa~e 3 of15 Department or designee within forty-five (45) days of said official notification. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS o o ° o 10. 11. 12. 13. 14. 15. During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 o which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND JUN 2 5 2002 15 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribe goal percentages for participation of minority businesses in Community Development Block Grant Contracts. Copeland Anti-Kickback Act Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements. 24 CFR Part 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co SUBRECIP[ENT SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be s >ecifically by written contract or agreement, and such subcontracts shall be subject to ea :n pr~;ll~rr~ tins Agreement and applicable County, State, and Federal guidelines and -egu~[ions~:~ to execution by the SUBRECIPIENT of any subcontract hereunder, such ubcon~ be JUPl ~ g /..UU£ AGREEMENT CITY OF MARCO ISLAND _ p~.~ Page 5 of 15 submitted by the SUBRECIPIENT to HUI for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and U.S. HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the HUI Department or his designee. D. AMENDMENTS mo The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. LNDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HUI in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HUI's support for ail activities, made possible with funds made available under this Agreement. G. TERMINATION data studies, surveys, drawings, maps, models, photographs, reports equipment secured by the SUBRECIPIENT with funds under this returned to HUI or the Connty. In the event of termination, the SUBREC SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND In event of termination for any of the following reasons, all finished or unfinished documents. ~r,~r~c{ .qnrl p[EIl~iF qha[1 no! be IO,q o% JUN 2 5 2002 Page 6 oJ' 15 relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBREC1PIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. INSURANCE Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and S200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and S2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this covei'a~,e shall be provided on a primary basis. jUN 2 5 2002 PS. ~ Page 7 of I 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured With a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Housing and Urban Improvement". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Housing and Urban Improvement, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throuthout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -1 I0 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this A~oreement shall be made available to the County by the SUBRECIPIENT at ~'ny time upon request by the County or HUI. Upon completion of all work contemplated under this Agreement copies of all do~ relating to this Agreement shall be surrendered to HUI if reques ed. ~o. any event me JUN 2 § 2002 - PS. ~tge8of15 SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to HUI using Exhibit "C." The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principle for Non-Profit Organization), 24CFR Part 84, and 24CFR Part 85 which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HUI, COUNTY. AND U.S. HUD REQUIREMENTS HUI shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HUI, the County, or U.S. HUD at any time. F. PRIOR WRITTENAPPROVALS-SUMMARY The following activities require written approval of the HUI Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, wh4 of living. All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All out-of-town travel; (travel shall be reimbursed in accordance' with Florida Statutes, Chapter 112.061); All change orders over $2,000; and All requests to utilize uncommitted funds after the expiration of this agreement for :ner )h/giglg~g cost' ' SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND ' PS. 10 Page 9 °t' 1: G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HUI, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HUI, the County, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principle for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HUI. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HUI. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HUI. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the City of Marco Island. Program Income shall be utilized to undertake activities specified in the One-Year Action Plan pertaining to the City of Marco Island project(s) and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to the City's requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, pro~oram income balances, and recei¥ ~hle ,q~,°ountq tn th~ ~ AC~.JnlDA ITEM COUNTY), and determining the custodianship of records. No.~ SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND j I../I~ L ;J /'uu~. p,[ qage 10of 15 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the CDBG Annual Consolidated Plan approved by U.S. HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HUI upon HUI's request. D. EVALUATION AND MONITORING SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND The SUBRECIPIENT agrees that HUI will carry out periodic monitoring and evaluation activities as determined necessary by HUI or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to HUI, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by HUI or the County. The SUBRECIPIENT shall, upon the request of HUI, submit information and status reports required by HUI, the County or U.S. HUD on forms approved by HUI to enable HUI to evaluate said progress and to allow for completion of reports required of HUI bv U.S. HUD. The SUBRECIPIENT shall allow HUI or U.S. HUD to monitor the SUBR 5 Such site visits may be scheduled or unscheduled as determined by HUI or U.S. HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible confliCt of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HUI provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701 ) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or Standard Form- cooperative agreement, the undersigned shall complete and submit LLL, "Disclosure Form to Report Lobbying", in accordance with its SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND ~stru~A The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control which is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the CDBG Regulations 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND The Subrecipient agrees that any construction or rehabilitation of residential siructures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 25. Such regulations pertain to all HUD-assisted hosing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain treatment and precautions that should be taken ,,','hen dealin~ with lead-b: 4ed !t~int poisoning J UN 2 5 2002 Pate 13of15 and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. 'D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal properly that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. IX. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of whom shall be deemed to be an original, and such counterparts will constitute one and the same instrument. X. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SUBRECIP1ENT AGREEMENT CITY OF MARCO ISLAND JUN 2 5 2002 WITNESS our Hands and Seals on this day of , 20 crrY OF MARCO ISLAND Approved as to form and Legal sufficiency: Kenneth Cuyler, City Attorney · BY: A. Williams Moss, City Manager ATTEST: Clerk of Council By: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James N. Coletta, Chairman Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney JUN 2 5 ~ SUBRECIPIENT AGREEMENT CITY OF MARCO ISLAND Page 15 of 15 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The City of Marco Island procurement process for consultants shall also incorporate any sub- consultants which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost. Such sub,consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE · The Tallwood Street storm sewer project is one of five (priority level one) drainage improvements recommended in the Marco Island Master Drainage Study. The storm sewer route along Tallwood Street and abutting streets exceeds 0.60 miles in length and begins and terminates at the intersection of Elkcam Circle/Sixth Avenue and the receiving waterway on the west side of Bald Eagle Drive, respectively. Design and construction of the drainage improvements are planned over a two-year period ending in fiscal year 2003. The City of Marco Island has budgeted funds for the entire project work scope and plans to have design stage and permitting activities for the drainage system completed in fiscal year 2002, with construction also starting in fiscal year 2002 and finishing the following year. Professional engineering design services shall include but may not be limited to land surveying, pre- design analysis, preliminary and final design, construction drawings, construction documents, environmental permitting, construction cost estimates and construction engineering and inspection services during construction. The scope of work for the construction stage includes the following activities: 3. 4. 5. 6. 7. 8. 9. 10. I1. 12. 13. Contractor mobilization and maintenance of traffic. Land surveying. Erosion control systems. Land clearing and grubbing. Removal of existing structures and improvements. Roadway restoration / reconstruction. Concrete pavement restoration / reconstruction. Concrete curbing replacement. Concrete sidewalk replacement. 2002 Sodding and related ground stabilization. Pl._ 1 ""/ Rock replacement within right-of-way. -- Landscape and irrigation replacement. - Approximately 3,500 LF of varying size storm sewer pipe (18 inch O.D. through 54 inch O.D.). 14. 15. 16. 17. Approximately 35 drainage structures / inlets. Utility conflict structures. Seawall outfall construction. Miscellaneous work. NOTE 1: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 2: The SUBRECIPIENT shall not request reimbursement from HUI for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that HUI, in consultation with any parties HUI deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: The City of Marco Island has advanced a budget for the entire project that includes funds for design, permitting and construction costs. The total currently authorized budget totals $750,000 with $250,000 authorized for fiscal year 2002 and the remaining amount of $500,000 appropriated for fiscal year 2003. It is further noted that based on knowledge gained during the engineering design process during fiscal year 2002, site conditions may involve additional work than originally contemplated and budgeted. Accordingly, the City of Marco Island has tentatively adopted an additional amount of $75,000 as a construction contingency, although the final approval of this set- aside is planned to occur during September 2002. If the $75,000 contingency is not available the project drainage work scope may need to be amended. Engineering Design Cost: Base Construction Budget: Total Base Project Budget: Planned Project Contingency: Total Maximum Proiect Budget: $124, 800.00 $ 625,200.00 $ 750,00O.0O $ 75,000.00 $825,000.00 County Allocated Community Development Block Grant: City of Marco Island (Maximum Outlay): Total Maximum Project Budget: $ 750,000.00 $ 75,000.00 $ 825,000.OO Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the City of Marco Island, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to HUI, on behalf of the County, as the Grantee, for HUI approval, in a form specified by HUI. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. JUN 2 5 2002 Eo Fo Go ASBESTOS REQUIREMENTS: The City of Marco Island shall comply, and ensure its subcontractors' compliance, with all applicable requirements contained in Exhibit D, attached hereto, for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The City of Marco Island shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Da'vis-Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The City of Marco Island shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The City of Marco Island shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The Marco Island agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be June 30, 2004. REPORTS: The City of Marco Island shall submit detailed monthly progress reports to Housing an, Urban Improvement outlining the status of specific activities under the project. Each report must account for the total activity for which the City of Marco Island is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrati~'e. The progress reports shall be used as an additional basis for HUI approval of invoices, etc. for reimbursement. JUN 25 2=afl2 EXHIBIT "B" PAYMENT REQUEST FORM TO: FROM: Denny Baker, Interim Director Housing and Urban Improvement 2800 North Horseshoe Drive Naples, FL 34104 Name of SUBRECIPIENT: Address: Phone: INVOICE REIMBURSEMENT Attached, you will find Invoice # $ ., requesting reimbursement in the amount of The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Payment by HUI: Signed: DATE: Printed name of HUI representative: JUN 2 § 2002 - ,,.2.0 Status Report for Month of 1. Subrecipient: Mailing Address Contact Person Telephone: EXHIBIT C CDBG Subrecipient Report Submittal Date: Fax: 2. Activity Status/Milestones: 3. Budget Status (if applicable): Activity Estimated Expenses Total Outstanding Amount Budget paid this Expenses Obligations requested month Paid to Date to Date 4. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor ID. Racial Contractor Address Subcontractor Contract Number /Ethnic & Phone No. Code Codes: 1. White 2. Black 3. American Indian/ALaskan Native 4. Hispanic 5. Asian/Pacific Islander For projects that serve a particular clientele, please complete the following entering the appropriate number in the blank spaces and in the chart belos, JUN 5 2002 TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" below. INCOME Of the households or persons assisted, are low/moderate income as indicated by the attached income chart. Enter this number in box "2" below. Of these low/moderate income persons or households entered in box "2", indicated by the attached income chart. Enter this number in box "3" below. are low-income as RACE This project assisted White, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "4" below. This project assisted Black, non-Hispanic households or persons REGARDLESS of income. Enter this number in box "5" below. This project assisted American Indian or Alaskan Native households or persons REGARDLESS of income. Enter this number in box "6" below. This project assisted ntonber in box "7" below. Hispanic households or persons REGARDLESS of income. Enter this This project assisted Asian or Pacific Islander households or persons REGARDLESS of income. Enter this number in box "8" below. FEMALE HEAD OF HOUSEHOLD This project assisted in box "9" below. Female Head of Households REGARDLESS of income. Enter this number DATA VERIFICATION: The sum of boxes 4,5,6,7 and 8 must equal the number in box "I" BOX I Total Number of Households Assisted BOX 2 Low! Moderate income BOX 3 Low Incom~ BOX 4 While not Hispanic Origin BOX 5 Black Not Hispanic Origin BOX 6 American Indian or Alaskan Native BOX 7 Hispanic BOX 8 Asian or Pacific Islander BOX 9 ~emale Headed Household JUN 2 5 2002 . .... EXHIBIT "D' ASBESTOS REQUIREMENTS PART A SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to the rehabilitation or demolition of any structure: (1) an inspection for asbestos-containing materials (ACM), (2) removal of specified ACM, and (3) an asbestos notification of rehabilitation or demolition received at least ten (10) business days prior to demolition. To meet requirements #1 and #2 above, the Agency shall secure the services of a qualified company to survey the all structure(s) to be rehabilitated or demolished in connection with this agreement for the presence of ACM and the Agency shall make every effort to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-cement board and shingles) before commencing any rehabilitation or demolition work on such structure(s). To meet requirement #3 above for rehabilitation or demolition work, the Agency is responsible for submitting a complete and accurate asbestos notification form titled "Notice of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each separate address where work will be performed to the below listed agencies at least l0 business days prior to demolition. The 4-copy forms are available from the Department of Environmental Protection. SEND ORIGINAL TO: State Asbestos Coordinator FL Dept. of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2409 SEND PINK COPY OR FAX OF ORIGINAL TO: Collier County Housing and Urban Improvement Department Attn: NESHAP 3050 N. Horseshoe Drive, Suite 275 Naples, FL 34104 FAX: (941) 403-2331 The Agency must notify the County's HUI Department immediately if the demolition Start Date changes. No demolition may start before the Start Date on the NESHAP notification and no demolition may occur without the notice to__ proceed from the County. It is the responsibility of the Agency to call arl I sub~t~:~ revised NESHAP notification to the above listed agencies, adhering to requ~d / JUN 25 2002 NESHAP time frames. The Agency is responsible for physical checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the prerehabilitation or pre-demolition asbestos in~qpection report, have been removed. If RACM or Category II ACM is discovered, the Agency shall immediately contact the County's Project Manager. 2. WORK PRACTICES The Agency will utilize wet methods to control airborne emissions during the demolition process and during loading onto transport vehicles, regardless whether Category I is present or not. The Agency is responsible for supplying water meters, hoses, and adequate volume of water to the demolition site. Recycling of any building materials with either presumed or confirmed asbestos- containing Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless written authorization is provided to the Agency by the County. 3. OSHA AND FLORIDA STATUTES COMPLIANCE In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the Agency must have a competent person onsite who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with Chapter 469 Florida Statutes as an onsite supervisor. Copies of training certificates of the onsite supervisor shall be made available to the County upon request. 4. ROOFING REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-CONTAINING BITUMINOUS ROOFING MATERIALS It is the responsibility of the Agency to determine if the roofing materials do not contain asbestos. If the Agency wishes not to sample and analyze for asbestos, the materials will be presumed to contain asbestos and handled accordingly. If the Agency elects to sample the roof system, she/he must first notify the County of the sampling, including date, location, and number of samples to be collected. The bulk sample analyses must be performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory Accreditation Program). Results, if proven less than one percent asbestos, shall be provided to the County prior to the start of any work. The Agency will be required to meet all Federal, State, and Local regulations pertaining to the handling, removal, and disposal of confirmed or presumed asbestos-containing roofing materials. This includes, but is not limited to: (l) (2) Meeting the requirements listed in Chapter 469.012(2) & (3) Florida Statutes regarding training of onsite roofing supervisors involved in the removal of asbestos containing bituminous resinous roofing materials, and; Utilizing removal methods that will maintain the roofing material's Category I non-friable status and will not create dust, i.e. employ methods other than sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested methods are slicing, shearing, or punch cutting while using wet me~ ~cis w~g3~A ;xv.~ feasible. ~ i ¢_/21 c:~ JUlq 2 5 2002 In the event ACM is found, the Agency will submit the following documentation to the County department coordinating this project. (1) Copies of training certificates of the onsite roofing supervisor in compliance with the current requirements of Chapter 469 Florida Statutes; (2) Resume of the onsite roofing supervisor documenting asbestos- containing roofing removal jobs performed wit h the last two (2) years; (3) Approval of a landfill to accept confirmed or presumed asbestos- containing roofing material and any conditions associated with its acceptance, and; (4) A plan of action, as specified by OSHA 29 CFR 1926.1101 which addresses: a. Method of removal b. Worker protection c. Protection of building occupants and ventilation systems d. Method and location of disposal PART B - SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION AND REHABILITATION AND DEMOLITION OF SIRUCTURES The provisions of this part apply to new construction work and to all rehabilitation and demolition work contemplated in this agreement and described in Exhibit A of this agreement: 1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE GENERAL Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe) as Category II non-friable asbestos-containing material. AC pipe must be handled in a manner which will maintain this classification. Therefore, all cutting and disposal of AC pipe must be performed by a Florida Licensed Asbestos Contractor. The Agency will make every effort to identify and quantify the locating of known AC pipe and material prior to onset of work. If the Agency during the course of work observes, uncovers, or otherwise becomes aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which the Agency or any subcontractor, supplier, or other person may be exposed, the Agency shall immediately notify the County and confirm any verbal notice in writing. The County shall promptly consult with the Project Engineer concerning such condition and determine the necessity of the County retaining special consultants or qualified experts. The Agency shall not perform any work near or in connection with the suspect material until receipt of special written instructions from the County. The Agency will ensure that all subcontractors follow these procedures. PRE-WORK SUBMITTALS The Agency shall submit the name of the Asbestos Contractor and a cz his/her Florida r ~ --AGE~A ITEM 2002 Asbestos Contractor license to the Collier County department coordinating this project, prior to start of work. WORKER PROTECTION Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR 1929.1101 concerning worker protection. EXECUTION OF WORK AC pipe will be kept wet during all phases of removal. No visible emissions are permitted. Wet the pipe using an airless sprayer or utilize available water. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc saws are prohibited. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may have fallen outside dropcloth. Use of compressed air to clean AC pipes is prohibited. At no time should AC pipe or pieces by mixed in with fill. DISPOSAL Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and wrap and secure in second layer of 6-mil poly. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible: First Label: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Second Label: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers is Hazardous to Your Health Third Label: RQ HAZARDOUS SUBSTANCE Solid, NOS OPM-E, NA9188 (Asbestos) Fourth Label: JUN 2 5 2002 Label each container with the name of the generator (owner) and the location at which the waste was generated. Properly dispose of all AC pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are section pieces of AC pipe to be let~ on the worksite uncapped and unsecured at the end of the workday. All vehicles and/or containers used to haul asbestos-containing waste material shall be lined with a minimum or 6-mil poly layer. Label tracks used to transport asbestos-containing waste material during loading and unloading as follows (refer to 29 CFR 1910.145(d)(4) for sign format): DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only POST WORK SUBMITTALS The Agency or Asbestos Contractor, as waste generator shall complete a Waste Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Collier County Risk Management/Loss Control. The Agency or his designated subcontractor will submit the following documents to the Collier County department coordinating this project prior to payment. - A copy of the WSR prior to shipment. - A copy of the WSR signed by the disposal facility within thirty-five (35) days of shipment. PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all projects contemplated in this agreement and described in Exhibit A of this agreement: Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20,1990. Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos, Construction Industry Standard. Department of Business and Professional Regulations, Chapter 469 Florida Statutes, Licensure of Consultants and Contractors. JUN 2 5 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PINE AIR LAKES UNIT FOUR" OBJECTIVE: To approve for recording the final plat of Pine Air Lakes Unit Four, a subdivision of lands located in Section 11, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Pine Air Lakes Unit Four". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. The Executive Summary has been reviewed and approved by Roy Anderson of the Public Works Division and Greg Garcia of the Transportation Services Division. Engineering Review Section recommends that the final plat of "Pine Air Lakes Unit Four" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. There are no environmental issues ENVIRONMENTAL ISSUES: 2002 Executive summary Pine Air Lakes Unit Four Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pine Air Lakes Unit Four" with the following stipulations: 1. Authorize the recording of the Final Plat of "Pine Air Lakes Unit Four." pmm;AxED BY: John R. H~uldswort'h, Engineer Engineering Review or~r=r,~ED BY: ~homas E. Kuck, P.E. Engineering Review Director / County Engineer Date //p/aZ APPROVED BY: bosep~ Commu[i[~ev. and Environmental Svcs. JO H 2 5 2002 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING THE FISCAL YEAR 2003 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM BUDGET. OBJECTIVE: To recognize the FY 2003 SHIP Program budget coinciding with the State's fiscal year. CONSIDERATION: The County's SHIP Program is funded, disbursed, and monitored by the State of Florida. The State's fiscal year runs from July 1''t through June 30th. This Budget amendment recognizes the FY2003 SHIP budget to coincide and operate on the State's fiscal year (July 1, 2002- June 30, 2003). The SHIP Program was first switched to the State fiscal year system last year in order to facilitate reporting and expenditure requirements to the State. FISCAL IMPACT: This budget amendment will put the SHIP Program budget in place on July 1, 2002. The total FY 2003 SHIP program budget is $3,162,600. GROWTH MANAGEMENT IMPACT: Approval of this Budget Amendment will facilitate the monitoring and reporting requirements of the SHIP Program and aid the Housing and Urban hnprovement Department in accomplishing the goals set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Budget Amendment. SUBMITTED BY: 'f~' . Date: ~/? Cormac J. Giblin;H"qusing Development Manager j~p,~art/~_~ of ~ng and Urban Improvement REVIEWED BY: Iq' ~ ~~ - Date' ~ - 7--0 ~ Denton Baker, Interim Director Department of Housing and Urban Improvement APPROVED /' /Joseph Scl~i(t. Adminis~ator  ~mmunity Development and Environmental Services Division AC,~.NOA ITEM ,,o.._! q- J UN 2 5 2002 Ji., i Z '~ 2L22 EXECUTIVE~i S~Y FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR WESTVIEW PLAZA OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the sewer facilities. CONSIDERATIONS: 1) The Developer of Westview Plaza, has constructed the sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 14, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $543.39, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated June 5, 2002. FISCAL IMPACT: The cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. JUN 2 5 2OO2 Executive Summary Westview Plaza Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer facilities for Westview Plaza, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix,/E~g~deering Technician Eng~neeri~?~eview Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager II Date Date Joseph K. Sch~i~t, Admi.~istrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES / at'tachments JUN 2 ~ N JUN 2 § 2002 ~ NOTICE TO CUSTOMERS ~ ..~ ,.,~ o~ ,,, ,,._. ~ ,.... (~ 020612! ~ REOUIRED BEFORE ANY CASHIER~ CHECK ON TH~S BANK ~E~TVIE~ PL~Z~ L.g. SECURITY BOND ~ESTUIE~ SE~ER PAY TO ~E O~EROF BOARD OF COUNTY COMMISSIONERS DATE 63-141 ~670 1 04/13/~000 $ **-1543.39' TIE ~ OF D5 4,~dols ~ 9cts DOLLARS i CASHIER'S CHECK ""020r-~2"" '-'O&?Ol, t,l, qt, m.' 2820bOq200,' OiO } JUN 2 5 2002 Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners Trans Number Date i Post Date , Pmt Slip # Status 191663 ' 04/14/2000 8:25:10 AM ! 04/14/2000 ~ MS-69289 ~ POSTED RICHARD VETTER WESTVIEW PLAZA Payor · VETTER Fee Information Fee Code Description GL Account Amount Waived 12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 $543.39 Total $543.39 Payments Payment Code Account/Check Number Amount CHECK 20612 $543.39, Memo: Total Cash $0.00 Total Non-Cash $543.39 Total Paid $543.39 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: FROLOFF_E / 1 User: NIX S JUN 2 5 2002 - ~,~... ~ Printed:04/14/2000 8:26:15 AM EXECUTIVE SUMMARY,, APPROVE 2002 TOURISM AGREEMENT WITH MARCO ISLAND FILM FESTIVAL FOR TOURIST DEVELOPMENT SPECIAL EVENT GRANT OF $96,000, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board approval of the 2002 Tourism Agreement with Marco Island Film Festival for its 2002 event, as recommended by the Tourist Development Council (TDC). CONSIDERATIONS: On April 15, 2002, the TDC considered the Tourist Development Special Event grant applications FY02 and FY03 from Marco Island Film Festival in the amount of $160,000 for each year's event. Upon presentation and discussion, TDC voted unanimously (9-0) to recommend Board approval of a $96,000 grant for the 2002 Marco Island Film Festival only, limited to Public Relations, Paid Advertising, and Web-site development/management. The FY03 grant application was not presented or discussed by the TDC. On May 28, 2002, the Board of County Commissioners considered the 2002 Special Grant application and TDC recommendation regarding the 2002 Marco Island Film Festival. The Board followed the TDC's recommendation in approving the $96,000 grant for the 2002 event only. The proposed agreement provides for the reimbursement of allowable expenditures under the grant and remains in effect until December 31, 2002. FISCAL IMPACT: Funds in the amount of $1.1Million are available in FY02 Tourist Development Tax Fund 194 Reserves to fund this $96,000 special grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: Board of County Commissioners approve 2002 Tourism Agreement with Marco Island Film Festival, authorize the Chairman to sign the agreement, and approve the associated budget amendment for funding the grant. PREPARED BY: D/' E. "Bleu" Wallace, Director CDES Operations Department REVIEWED BY: Steve Carnell, Purchasing Director Purchasing Department DATE: APPROVED BY: /' . DATE: ~/7/¢2~. · Jo,~eph K. Scl~nitt, AdminiStrator ~ommunity Development & Environmental Services Division 2002 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL CORPORATION REGARDING 2002 MARCO ISLAND FILM FESTIVAL THIS AGREEMENT, is made and entered into this _ _ day of _, 2002, by and bem, een the Marco Island Fihn Festival, a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for the promotion and advertising of the Marco Island Film Festival, to be held in October 2002 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion of the Event pursuant to this NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. _SCOPE OF WORld_~: (a) hi accordance with the authorized expenditures as set forth in the Budget attached as Exhibit "A", the GRANTEE shall provide advertising and promotion of the Event, to be held in October 2002. The date(s) of the Event may not be changed without an amendment to this Agreement as provided herein. 2. p__AYMENT: (a) The amount to be paid under this Agreement shall be Ninety-Six Thousand Dollars ($96,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Paragraph 1 upon submittal of an invoice and upon written erific~l~{t{-~ JUN 2 § 2002 the servi~ces described in the invoice have been completed or that goods have been received. (b) GRANTEE shall detemfine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Manager or his designee for review. (c) The County Manager or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this A~eement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Conunissioners pre-audits all pa3qnent invoices in accordance xvith law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the rnaximum amount budgeted pursuant to the attached "Exhibit A". (i) The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE with the prior consent of the County Manager or his designee. 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Para~aph 1 will be paid by COUNTY. (b) COUNTY a~ees to pay eligible expenditures related to the Marco Island Film Festival incurred between February 1, 2002 and December 31, 2002, the expiration date of this a~eement. ~_ j ('//5] .~ 2 JUN 2 5 2002 (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to rcpay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this A~eement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, its Board of County Commissioners and the Tourist Development Council as additionally insureds. (b) The Certificate of Insurance must be valid for the duration of this Agreement, and must be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person \VORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the County Manager or his COo~, ~ ~- '~'~ designee within ten days of execution of this Agreement by the GRANTEE shall not conunence promotional and advertising activities which are to be funded pursuant to this A~eement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: (a) GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. 6. GRANTEE shall take reasonable measures to assure the continued performance of all vendors and subcontractors. 3 satisfactory JUN 2 5 2002 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may recommend to the County the vendors or subcontractors that are to provide services as described in Paragraph 1 and submit their proposed contracts for approval by the County. GRANTEE may alternatively submit a list of all or some of the vendors and subcontractors, indicating the scope of sen, ices and payment terms for County approval. Upon approval, GRANTEE may expend the sums provided herein according to the procedures set forth herein. (b) COUNTY shall not be responsible for directly paying vendors but shall be informed prior to entry, of the nature of the contractual terms and names of all vendors and subcontractors and shall consent to the entry of the contracts to be paid for with County funds. GRANTEE shall adhere as closely as possible to the County's procurement policies. (c) G1LA. NTEE agrees to disclose any financial or other relationship betaveen GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require pa3qnent if invoices have been paid under this A~eement for unreasonable expenditures. The reasonableness of tile standards. 8. INDEMNIFICATION: (a) The GRANTEE shall hold ha.nv, less and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this A~eement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any xvay by the contract price as shoxvn in this A~eement or the GRANTEE's limit of or lack of, sufficient insurance protection. 4 JUN 2 5 2002 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly se~,ed if mailed by registered or certified mail to the GRANTEE at the following address: Pat Berry, Executive Director Marco Island Film Festival 601 Elkcam Circle B-6 Marco Island, FL 34145 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: D.E. "Bleu" Wallace, Executive Director, Tourist Development Council Collier Business Plaza 3050 N. Horseshoe Drive, Suite 210 Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNrERSHIP: Nothing herein contained shall be construed as creating a partnership bem'een the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GKANTEE, or its Yendor or subcontractor, as an agent or employee of the COU-~TY. 11. TERMINATION_: The COUNTY or the GRANTEE may cancel this A~eement with or without cause by giving 30 days advance written notice of such ten~ination specifying the effective date of termination. 12. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors procured in confom~ity with this a~eement, up to the effective date of the termination so long as such expenses are eligible. 13. If GRANTEE fails to hold the event or activity, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity xvere sufficiently performed to justify the use of tourist development tax funds. ~7.,~ ~ ' 5 JUN 2 5 2002 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account.: All revenue related to the Agrec,.a:n: must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) yyears. 16. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this A~eement. 17. PROHIBITION OF ASSIGNrMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest iu this Agreement without the prior written consent of the COUNTY. 18. TERM: This A~eement shall become effective on FebruaD' 1, 2002 retroactivc and shall remain effective until December 31,2002. 19. The GRANTEE must request any extension of ,,.:~,1,~ ..... ~,.,~,, ,,; .... ~,,-,,='4';"° at ~'~o',..,.~,~ thirty (30) days prior to the expiration of this A~eement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. ,_,~."'~ An;,' funds not used by GR.ANTEE during the term of this Atreement_ and any extension thereto shall be available for future applicants. 21. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of each of GRANTEE's activities, explaining how the tourism impact was evaluated, providing a xvritten report to the County Manager or his desiomme, along with a final budget analysis, within sixty (60) days of the date of the Event. 22. REQU1RED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 6 JUN 2 5 2002 22. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. mutual written _.~. AMENDMENTS: This Agreement may only be amended by agreement of the parties and after review by the Collier County Tourist Development Council. 24. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all infom~ation and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY shall constitute grounds for the COUNTY to impose sanctions that do not result in temfination of this agreement, such as withholding payment. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and 3'ear first abox'e written. ATTEST: D\VIGHT E. BROCK, Clerk Depu~' Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal suffiff4en~ ~/Ii, [J~c~ueline Hubbard Robinson ~ssistant County Attorney GRANTEE: Nick Campo Patricia L. Berry Printed/Typed Name Board President Executive Director Printed/Typed Title (Corporate Seal) J U N 2 5 2~q02 EXHIBIT "A" MARCO ISLAND FILM FESTIVAL MARKETING PLAN - 2002 PUBLIC RELATIONS Public Relations Campaign includes the following: Print media placement and buys Press kits/Press Releases pre and post event Targeting National and Regional print media Media Invitations Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines $53,500 PAID ADVERTISING Print Media Includes: Brochures Rack cards/envelope stuffers Post cards- 5000 Newsletters/maps National and Regional Magazines Regional and Statewide Newspapers Internet Media $40,000 INTERNET WEB-SITE DEVELOP/MANAGEMENT $2,500 TOTAL $96, JUN 2 § 2002 EXECUTIVE SU~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 113", AND APPROVAL OF THE STANDARD FOP!4 CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE A/4OUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mediterra Parcel 113", a subdivision of lands located in Section 11 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 113". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of %he final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. The Executive Summary has been reviewed and approved by Roy Anderson of the Public Works Utilities Division and by Ed Kant of the Transportation Services Division. Engineering Review Section recommends that the final plat of "Mediterra Parcel 113" be approved for recording. FISCAL IMPACT: The project cost is $47,611.36 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 5,568.50 b) Drainage, Paving, Grading - $42,042.86 The Security amount, equal to 110% of the project cost, is $52,372.50 JUN 2 5 2002 Executive Summary Mediterra Parcel 113 Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,343.51 Fees are based on a construction estimate of $47,611.36 and were paid in December, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $509.00 b) c) Paving, Grading (1.3% const, est.) GROW~fH M~%/qAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 27.84 Drainage, Paving, Grading (.42% const, est.)- $176.58 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 83.53 Drainage, - $546.56 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION? That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 113" for recording with the following stipulations: 1. Approve the amount of $52,372.50 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. 2002 Executive Summary Mediterra Parcel 113 Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: JoSeph K. S~tt, Administrator /C~mmunity Development & Environmental Services Date 2002 Sheet 1 of 2 AVESMT2001-AR1147 EXECUTIVE SUMMARY PETITION AVESMT2001-ARl147 TO VACATE, RENOUNCE AND DISCLAIM A PORTION OF THE EASEMENT FOR PUBLIC ROAD RIGHT OF WAY RECORDED IN OFFICAL RECORD BOOK 1319, PAGE 1638, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County in a portion of the above-described instrument conveying public road right of way. CONSIDERATIONS: Petition AVESMT2001-AR1147 has been received by the Engineering Services Department from Q. Grady Minor & Associates, P.A., as agent for the petitioner, Naples-Vanderbilt Land Trust, Jim Field, Trustee, requesting the vacation of a portion of the 30' xvide road right of way as referred to in the document recorded in Official Record Book 1319, Page 1638, Public Records of Collier County, Florida. This 30' wide road right of way is described in the document as "...easements for public road right of way over and across the north 30 feet thereof and over and across the west 30 feet thereof .... "The Petitioner has been unable to locate any other conveyance document nor any document showing that the County has accepted the west 30 feet of this road right of xvay. The Petitioner wants to vacate the west 30 feet to clear any title concerns so that the property may be improved. The north 30 feet is now used as right of way for Vanderbilt Beach Road and was acquired by Quit Claim Deed as recorded in Official Record Book 1132, Page 1175, but neither a road nor utilities have been constructed within the west 30 feet of the right of xvay. Letters of no objection have been received from Collier Coun'ty Transportation, Collier County Engineering Plan Review, Collier County Public Utilities, Florida Power and Light, Comcast Cable and Sprint. Zoning is P.U.D. This Executive Summary was approved by Greg Garcia in Transportation on 5-30-02 and by Roy Anderson in Public Utilities on 5-03-02. FISCAL IMPACT: Planning Serv/ces has colIected a $1,000 "Petition to Vacate" fee from the peti.'.,_'oner, which covers the County's cost of recording and processing the Petition. JUN 2 5 2002 Sheet 2 of 2 AVESMT200 I-ARI 147 GROWTH MANAGEMENT IMPACT: None ENGINEERING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2001-AR1147 to vacate the County's interest in a portion of the above-described 30' wide road right of way; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: lq'., ~-_ ~-' ,,/~z2: t ~-~---~ Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director APPRO' 'ZD .'.4Os, e~h K. 3ch~itt, Administ/rator . (.'rnmunity Development & Environmental Services DATE: JUN 2 5 2002 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVESMT2001 ARl147 TO VACATE, RENOUNCE AND DISCLAIM A PORTION OF THE EASEb.'~ENT FOR i~UBLIC ROAD RIGHT OF WAY RECORDED IN OFFICAL RECORD BOOiC 1319, .~ ,',GE 1638, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED hN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST. 10 11 12 WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Q. Grady Minor & 13 Associates, P.A., as agent for the petitioner, Naples-Vanderbilt Land Trust, Jim Fields, Trustee, 14 does hereby request the Board of County Commissioners to vacate, renounce and disclaim a 15 portion of that 30 foot wide Easement for Public Road Right of Way as recorded in Official 16 Record Book 1319, Page t 638, Public Records of Collier County, Florida; and 17 WHEREAS, the granting of Petitioner's request will not adversely affect the ownership 18 or right of convenient access of other property owners; and 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that the County's easement interests, 21 if any, over and across the following portion of the alleged 30 foot wide Easement for Public 22 Road Right of Way are hereby vacated, extinguished, renounced and disclaimed, and this action 23 is declared to be in the Public's interest and for the Public's benefit: 24 See Exhibit "A" attached hereto and incorporated herein 25 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 26 certified copy of this Resolution in the Official Records of Collier County, Florida. 27 This Resolution is adopted this day of ,2002, after 28 motion, second and majority vote favoring same. 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approv~.~, as to form a, ad legal sufficiency: ~'0 Patrick G. White, Esq. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman JUN 2 5 2002 ,g{'989 ~ ,~g'989 3 ,gg,l,g.O0 N JUN 2 5 2002 - p~. ~ Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OT?IER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLAT2£D LAND, EXCEPT FOR PUBLIC ROADS - Date Received: /a:9-~'C2-dD/ Petition #: Petitioner (Owner): Naples-Vanderbilt Land Trust, Jim Field, Trustee Address: 4099 Tamiami Trail North Telephone: City/State: Naples, Florida Zip Code: 34103 Agent: Blair A. Foley, P.E., O. Grady Minor and Associates, P. A. Address: 3800 Via Del Rev Telephone: 941-947-1144 CiW/State: Bonita Sprin~s, Florida Zip Code: 34134 Location of Subject Property: South side of Vanderbilt Beach Rd approx. % of a mile west of Collier Blvd Location: Section 4 Township 49 Range 26 Official Record Book Page (s) Current Zoning: PUD Does this affect density? No Legal Description: See Attachment Reason for Request: To develop the property' to its best and highest use her ~ebv-authorize Agent, abov~.to~z,epresent me for this petition: [~ Yes Signature of Petitioner Print Name [-] No (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "C" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partne.'ship or other business entity, indica principals. List all other owners. J UN 2 5 2002 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 2~s Number 852 Date 7/6/2001 12:13:35 PM IPost Date 7/6/2001 lPayment Slip Nbr AR 1147 Appl Name: Q. GRADY MINOR & ASSOC., P.A. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: BLAIR A. FOLEY, P.E. 3800 VIA DEL REY NAPLES FL 34134 Proj Name: CEMETARY, MAUSOLEUM AND CHAPEL AT PALM ROYALE Type: TAZ: Subdiv Nbr: 100 Project Nbr: 19990879 Payor' PALM ROYALE Fee Information Fee Code I Description 12TRVCI REV ACCT/VAC EASEMENT-ROW IGL Account 10116361032910000000 Total Amount Waived $1000.00 $1000.00 Payments Payment Code Account/Check Number AmountI CHECK 1206 $1000.00 Memo: Total Cash $0.00 ] Total Non-Cash $1000.00 J Total Paid [ $1000.00 ] Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashiedlocation: User: SMITH_G GARRE'1-F_S / 1 ITEM JUN 2 5 2002 Printed:7/6/2001 12:14:09 PM ~4etro~olitan Title & G~Jaranty Co A~ 4099 Tamiami Trail North, 2nd F1 Naples, Florida 34103 rhbb~a~mP,~: Rosa Marie Peck Metropolitan Title & Guaranty Co ~: 4099 Tamiami Trail North, 2nd F1 ttr$1es, Florida 34103 1. 4926C6 005.000~B04 c~.)s~m~2. 492604 006.0004B04 3. 492604 002.0004B04 4. 355900 129.0004B04 __ $~AC~ ABOV~ 1%US LD~ ~OR ~ROC~40 DATA T~s Wananty Deed M~ ~ Fred B. Willi~ ~d L. I. Smith, INDtVID. TO INDIVID. 2470932 .'OR: 2541 PG: 2777 UCOIDID il~ OHq¢IIL II¢ORDI o[ COLLIII ~, 05/03/IS9S at 0t:0/~ ~WlGHT I. llOC[, CLIII 20 th day of aka Lemuel I. COIl IStiO0O.OO tlC tll ti. Si IIDIZIIG DOC-.10 llSt0.i! tern: IITROPOLITUI TITLI IAtLII FL 24t03 SPACI~ ABOVI[ TI, US L/NE FOR KE. COR. DD~C) DATA April A.D. 19 99 by Smith, Jr., BOTH MARRIED PERSONS hcrcinaflcrcallcdrhcgraator, to William E. Fitzgerald, Trustee of the Naples-Vanderbilt Land Trust, with lull power and authority to protect, conserve, ss11, lease, whosc pos~o~cc-__a4_~ 4099 Tamiami Trail North *encumber or o~herwiae manage and Naples, FL 34103 hcrdnaflcrc~llod~o~moo: dispose of the real property Wimcsscth: T~t tbs grazer, for and ia consida~t/on ofthe sum ors 10. O0 ~d o~ valuable co~idomfio~, ~oipt w~r~f b hereby ~wl~8~, h~by g~ts, ~8ai~, sells, al/cas, ~ism, ~1~, conv~ ~ ~ ~m ~ ~ ~ ~t ~ ~d si~ ~ Collier C~W, Sm~ of Flori~ , ~: P~C~ 1: The west 49 South, Florida. 1/2 of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 4, Township Range 26 East, LESS the North 30 feet thereof, Collier County, PARCEL 2: The Ess t Subject To 1/2 Of the NW 1/A of the NE 1/4 of the NE 1/A of Section 4, Township Continued covc~m~,con~.'~om, res~cflo~,rcserva~om, lknimfiom,'cmseme~Us-d agroemenu of rocor d, if any; taxes and utctsmgnts for tho ye. ar 1999 and s~nt years; and to all applicable zoning ordiam~es end/or rmtriction~ and pmhibifiom/mpo~i by govcmmcnl~ ~uthofit/cs, ifany, Together, ~m ~!1 th~ tonom~n~, ~=edi~ent and appune~ ~cto belongin~ or m anywi,e appetuiaiag. To Have and to Hold, ~o mn~-m f~ dmpl~ fotvv=. .And thc grantor hereby covenants with said ~'tutoo that tho grantor is lawfully seized of said land in foe simple; that the grantor has Sc)od right end law~! a~thorfty to sell and convey said lend, and hereby wtrrants the title lo said land and will dafend the same against tho lawful chirns of all persons. In Witness Whereof, th~ said grantor hu signed and sealed,/~prmcnts ~ ~y nd y~ tint a~vc ~. *** OR: 2541 PG: 2778 *** Continuation of a Legal Description 49 South, Range 26 East, LESS the North 30 feet thereof, Collier County, Florida. PARCEL 3: The NE 1/~ of the NE 1/4 of the NE 1/4 of Section 4, TownshiH 49 South, Range 26 East, Collier County, Florida. PARCEL 4: Out Lot A, GOLDEN GATE ESTATES UNIT NO. 95, according to plat thereof recorded in Plat Book 9, page 45, Public Records of Collier County, Florida. THIS IS NOT THE HOMESTEAD OF THE GRANTORS NAMED ~EIN. PROPERTY IS VACANT LAND 2002 , SEE 33-48-26 :~'-~' "~' ....... ~ ~" ~...~.. .: ~.1 ... ~, 8~8/~8~8 ~g/g/~/~/81:~ ;i 8'~ ....... ~ ............ ...:.....,~ ................................... .t.~ ...... . ......................... , ................... . .. :: :: :.. , ,-I;I-EEl - ' ~' ' ' -~ ' :'~ ~ '~ 8 ~1 ~,~ ~ ~ ~ ~::~ ........ ::::::::::::~::~ ........ ~ ~ ...................... P.B. PO. ' _~ ~, '~777 GOLDEN GATE ESTATES UNIT 95 ,,I 4 TO~qSHTP 49 ~ RANGE ~ D~IAWN BY. DATE ~ . UPDATE- BY, DATE JUN 2 § 2002 503 im,i~,u .--- .? ~__.~. Parcel Page 1 of 1 Collier County Tax Collector 2000 Tax Roll Inquiry System I Nam¢:Jil;il'ZGERALD'I'I~,, ~.VILLIAM E ] Address:]]ilF NAPLES-VANDERBILT LAND TR I)I~,(.)PI'~R'I'Y I N FOR~iA'I'ION IP~¢e~:ll°°2sz4°°°°n II Acre:il4'77 I Loc:116768 EX VANDERBILT BCH RD i Legal:Il4 49 26 WI/2 OF NWl/4 OF I Address:II4099 I'A~llA.%II I'RL N I Address:Il II Address:Il [ Legal:l[NEl/4 OF NEI/4 LESS NLY 30FT ~L c°u'*:llt'a6 II[I Decill?'07 I S~hoo~ st:lr~?ro~llh Jan:ll7J4 I School loc:ill.35 IIIIFeb:ii7'22 I ci~yX~:llO.OO IIII M~:II~-----1 Taxble V~l~e:llS2S I Millage Code:ll145 I Homestd Ex:Ilo I Agricltr Ex:JlS2S I Widow E,,:llO mina Ex:Il0 ] Water:H°'44 1[ Apr:I~ veter~ Ex:l~ [ mUepena:ll°'62 ] I May:Il0'00 I Wholly Ex'.]~II Voter Appr:l[0.02 Civilim Ex:]~ H Gross T~:[[7.29 INFO ~p~/30/ooI ~161759 I '~l°9 I ~lTM I [---~-~11° STA'I'LiS INFO. Non Ad Va:]~--'1 lnstallment:][~-~'~ Deferred:l[~-~----~ Bankrupt::l[N'~---'~ TDA:i~O-'--"--'---1 Last Updated: 5/21/01 5:00pm JUN 2 5 2002 http://www.colliertax.com/RecordDetail.asp?FoliolD=00282400004 5/22/01 Parcel Page 1 of 1 Collier County Tax Collector 2000 Tax Roll Inquiry System OVv NER I~FORMATION I Name:[IFil'ZGERALD TR,'6'ILLIAM E ~Address!]]FIF NAPLES-VANDERBILT LAND TR Address:][4099 TAMIAMI TRL N Address:J[ Address:II ~[?APLES, FL 34103-8739 [ Loc:11492604 492604TRS= [ Legal:][4 49 26 El/2 OF N',V 1/4 OF [ Legal:][NEl/4 OF NEll4 LESS N 30FT & I Legal:]130Fr ~L 7axblc Value:II476 Millage Code:][145 Homcstd Ex:Il0 Agricltr Ex:H476 wido,,. Ex:Ilo .,i.d Ex:IlO Oisabled:ltO Veteran Ex:Ilo Who.y Ex:tio Civilian Ex:IlO INFORMATION co,,ty:ll~.69 I Schoo~ st:112.45 I School Ioc:l[17rC"~ City xax:l[OT0'6---] Dependt:lp'7~ lndepend:l10'56 Voter Appr:ll157ff2'---] Gross Tax:l['~"~~ Ad~'enising:ll°'°° I Nov: 6.35 IN FO II I 11/30/00 ve~,:ll-Crw--I Mach:109 I May:II°'°° I [ Bankrupt::l~-'~ TDA:I~ Last Updated: 5/21/01 5:00pm 2002 _ http://www.colliertax.com/RecordDetail.asp?Foli°ID=O0282440006 5/22/01 Parcel Page 1 of 1 Collier County Tax Collector 2000 Tax Roll Inquiry System OWNER INI:ORMA'I'ION L___N_.am_~IFITZGERALD 1R, ~VILLIAM g ~JlIF NAPLES-VANDERBILT LAND TR ~-d'd~14099 TAMIAM! TRL N [Address:Il I Address:Il ~NAPLES, FL 34103-8739 ~~ ~~ I :1I' v~ ~:',o ~l/~~l Wholly Ex:l[0 II/~~l /~~1 lq,tOP I.;R'I'Y I N FOI~.MA'i'IO.N Parcel:ll°°esn8°°°4 II ^crc:lib'SS I -'L~1492604 492604 TRS= "L-~-~14 49 26 NEi/4 OF NEI/4 OF ~'~I,~E ~/4 LESS N 301"'1' R/W I N°v:l[14'°~ I I Dee!Il14'15 I Jaa:lll4'30 I Feb:Il14'44 INFO I Paid Dt :Il1,/3o/oo IRecpt:lt61761 IMach:][09 IPaymt:Hl4.01 ti M°"t:ll0 S'I'AI'LiS INFO. Non Ad Va:l~"~'~ lnstallment:l~ Bankrupt::l[N"------~ L TDA:I[0----~ Last Updated: 5/21/01 5:00pm JUN 2 5 2002 http://www.colliertax.corn/RecordDetail.asp?FolioiD=00282280004 5/22/01 Parcel Page 1 of 1 Collier County Tax Collector 2000 Tax Roll Ir;' "'v System J Name:JJFII'ZGERALD'IR, WlLLIAM E [ Address:lJllF NAPLES-VANDERBILT LAND TR J Address:II4099 TAMIAMi TRL N J Address:II ^ddrcss:lJ Addrcss:JJNAPLES, FL 34103-8739 d RO PI'3'FI'~ IN FOI,~MATI(.)N IWceHI4'sas°°°°°aII Acre:lla'~2 I I Loc:lpSSgoo J LegaI:IJGOLDEN GATE EST UNIT 95 J LegaI:JJTRACT ]29 OUTLOT A {~g~:llO. 22s6 eG IL~gai:ll VA LU E/EX E311' I'IONS Taxblc Value:Ill40400 Millage Code:II046 Homcstd Ex:II0 Agricltr Ex:Ilo Widow Ex:ilO Bli.d Ex:IlO Disabled:II0 Veteran Ex:IlO Who,y Ex:ilO Civilian Ex:il0 TAX INFORMATION I c°unty:l1498'°4 I I sct, ool st:11722.92 ] School 1oc:ll361.25 city ~,:11o.oo I I Dependt:llTM I J lndcpen&JJ164.94 I J Voter Appr:JJS.49 J I Oro. T~,:11~,949.8~ I I ^m~e¢:ll°'°° I IAd~;erUm~:JJ°'°°I I'A ~" 'I'EILMS ~l1'871'84 I 1~D~11'891'34 I [~F~11'930'33 J~l~ll'949'sa [--X~l°'°° I I~mTIIO.OO I'A'fMENT INFO [~-R'~I61760 I I~m'~ll°9 I ~1° I STAT U S I N I:O. INon Ad Va:liN I I instanment:ll-x I I [~e~red:lD I Bankrupt::l[X I TDA:JJ0 I Last Updated: 5/21/01 5:00pm AG~A I1T.~ JUN 2 5 2002 http://www.colliertax.com/RecordDetail.asp?FolioID=41833000003 5/22/01 JU~ 2 5 ~002 Q. GRADY MINOR. P.E. MARK W. MINOR. P.E C. DEANSMITtl ,r'E. DAVID W. SCHMITT. P.E. MICHAEL I. DEL:\1 E. I' E Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners April 23, 2001 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDOVAL P.S.M. TtIOMA$ CHERNESKY, P.$.M ALAN V. ROSEMA Ms. 13awn \\'"olfe Transportation Planning Director Collier County Transportation Depart ment 3301 [:,iisi 'l'anfiami Trail Naples. Florida 341 12 RE Palm Royale Cemetery and Mausoleum \'acation or 3o' easement tzar public road right-of-way Dear Xls. We would like to begin the process of vacating the existing 30 toot easement for public right-d: ,,,,'ax' which bisects the above referenced property \\"e are requesting you review the attached Boundary Su~'ex' and cop3' of OR Book 1.3 19 Page 163,~ It' you have no objection to the vacation of the easement, sign below and return to our office lt'vt',ti have any questions or comments, please contac/our office. Very truly yours. /,--, · ,, .~. · ,¢.: '-,.-. .... ~.~.,.!.:~' '.,'! ,i , ~, ~ Sharon Umpenhour I have no ob eclion to the vacation of the 30' easement for public road right-of-xvay for the propd ty referenced in this letter. /:-'7.. ;),' .~ .' Dax~n AGENDA ITEM JUN 2 5 2002 tO41,947-I 144 · FAX (941) 947-0375 · E-Mail: engineering~g'radyminor.com 3800 Via l)el Rev · Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID IV. SCHMITY, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners April 23, 2001 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN Mr. John Houidsworth Senior Engineer Collier County Engineering Plan Review 2800 North Horseshoe Drive Naples. FL 34104 Palm Royale Cemetery and Mausoleum Vacation of 30' easement for public road right-of-way Dear Mr. Houldsworth: \Ye would like to begin the process of vacating the existing 30 foot easement for public right-of- way which bisects the above referenced property. We are requesting you reviexv the attached Boundary Survey and copy of OR Book 1319 Page 1638. if you have no objection to the vacation of the easement, sign below and return to our office. If you have any questions or comments, please contact our office. Very truly yours, Sharon Umpenhour I have no objection to the vacation of the 30' easement for public road fight-of-way for the property referenced in this letter. !,'. , Jo'~m Houldswort'h JUN 2 5 2002 ~/~ eRCV (941) 947-1144 · FAX (941) 947-0375 ' E-Mail: engineering~gradyminor.com 3800 Via Del Re.,,, · Bonita Springs, Florida 34134 COLLIER COUNTY GOVERNMENT PI_! BLIC UTILITIES DIVISION April 30, 2001 Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Re: Palm Royale Cemetery and Mausoleum Dear Mrs. Umpenhour: This office has reviewed your request to vacate the 30' right-of-way easement recorded in OR Bk 1319 Pg 1638. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the right-of-way easement. Should you have any further questions, please feel free to contact me. Sincerely, Lisa Taylor Engineering Technician I CC: Paul Mattausch, Water Director Joseph Cheatham, Wastexvater Director Rick Grigg, Land Sun'eyor, CowanurfiW Development JUN 2 5 20O2 g:\engineering tech\easement vacation\palm royaI~emetery and mausoleum.doc - · Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'IT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners April 23, 2001 D. WAyNrE ARNOLD, A.I.C.P. ERIC V. SANDOVAL, P-q.M. THOMAS CHERNt~IOf, P.S.M. ALAN V. ROSF.2dAN Mr. Geoff Gratton Florida Power and Light 4105 15th Avenue SW Naples, Florida 34f 16 Palm Royale Cemetery and Mausoleum Vacation of 30' easement for public road right-of-way Dear Mr. Gratton: We would like to begin the process of vacating the existing 30 foot easement for public right-of- way which bisects the above referenced property. We are requesting you review the attached Boundary Survey and copy of OK Book 1319 Page 1638. If you have no objection to the vacation of the easement, sign below and return to our office. If you have any questions or comments, please contact our office. V__ery truly yours, Sharon Umpenhour I have no objection to the vacation of the 30' easement for public road right-of-way for the property referenced in this letter. F:V'}O B.IGc SU~GG010423.DOG ~r. NDA ITE~ JUN 2 5 2002 (941) 947-1144 - FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 PRCV Comcast Cable Communications, Inc. P.O. Box 413018 Naples, FL 34101 :comcast May 14, 2001 Ms. Sharon Umpenhour Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Re: Palm Royal Cemetery and Mausoleum Vacation of 30" Easement for Public Right-of-Way Dear Ms. Umpenhour: Comcast has no objection to the vacation of the right-of-way to the above referenced property. If you have any future concerns, please feel free to call me at (941) 432-1801. Sincerely, Gene Howell, Construction Manager EH/fjh ~,g3~ ITEM JUN 2 5 2002 p~o 2J~) Q. GILa, DY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHM1TT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & AsSocIATES, P.A. Civil Engineers · Land Surveyors · Planners April 23,2001 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDOVAL P$.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN Mr. John Reynolds Sprint PO Box 2469 Naples, Florida 34106 Palm Royale Cemete~ and Mau..qoleum Vacation of 30' easement for public road fight-of-way Dear Mr. Reynolds: We would like to begin the process of vacating the existing 30 foot easement for public right-of- way which bisects the above referenced property. We are requesting you review the attached Boundary Survey and copy of OR Book 1319 Page 1638. If you have no objection to the vacation of the easement, sign below and return to our office. If you have any questions or comments, please contact our office. Very truly yours, Sharon Umpenhour I have no objection to the vacation of the 30' easement for public road fight-of-way for the property referenced in this letter. F:'JOBXPRC~SLK.IR010423 .DOC JUN 2 5 2002 (941) 947-1144 · FAX (941) 947-0375 · E-Marl: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.522 (MOD), "QUAIL WEST OFFSITE HAULING," LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY PARKLAND WEST PUD (LEE COUNTY), ON THE SOUTH BY TERAFINA PUD ON THE WEST BY QUAIL WEST PUD AND ON THE EAST MIRASOL PUD. OBJECTIVE: To permit Quail West Ltd. to haul excess fill in the amount of 289,411 C.Y. offsite to the adjacent Parklands PUD. CONSIDERATION: Lake No. 5 within Quail West PUD Phase 3 was permitted as a Development Excavation. The Owner now wishes to haul the excavated material offsite to the neighboring parklands PUD. This requires a Commercial Excavation Permit. The hauling of the fill will be within the two PUDs and across the PUD boundary lines. No County Roads will be used for the hauling operation. The excavated material will be stockpiled within the Parklands PUD on cleared farm field. This Executive Summary has been reviewed and approved by Transportation Services, FISCAL IMPACT: The Community Development Fund; Development Services (11313890032940000000) has or will receive $850.00 in revenues broken out as follows: Application Fee $850.00 $850.00 TOTAL FEES GROWTH MANAGEMENT IMPACT: NONE ENVIRONMENTAL ISSUES: NONE JUN 2 5 2002 HISTORICAL/ARCHAEOLOGICAL IMPACT: NONE EAC RECOMMENDATION: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required. ENGINEERING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.522 (Mod.) to Quail West LTD. "Quail West Offsite Hauling" with the following stipulations: 1) Hours of operations shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. 2) All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. 3) If trees are to be removed as a result of the hauling operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 4) Stockpile side slope shall be a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 5) Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devises installed. 6) No County roads may be utilized for the hauling operation. A n'r.M JUN 2 5 2002 PREPARED BY: SENIOR ENGINEER DateL ~, REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Services Director JoCeph K. Sm/th, Administrator Date ' /COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Summary roi' Excavation Security/ts/ 2002 II .JUN Sheet 1 of 2 AVESMT2002-AR1995 EXECUTIVE SUMMARY PETYE. ION AVESMT2002-AR1995 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 2896, PAGES 3146 THROUGH 3150, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OB~I'EC~: To adopt a Resolution to vacate the Utility Easement conveyed to Collier County by seperate instrument as recorded.in Official Record Book 2896, Pages 3146 through 3150. CONSIDERATIONS: Petition AVESMT2002-AR1995 has been received by the Engineering Services Department from Shane Parker, P.E. from McAnly Engineering and Design, Inc., as agent for the petitioner, ARM Development Corp. of SW Florida, Inc. requesting the vacation of the Utility Easement that was conveyed to Collier County by seperate instrument. The Utility Easement was needed because a water main was required to connect "Ibis Cove, Phase One" (Plat Book 35, Pages 52 through 58) to "Indigo Lakes, Unit Three" (Plat Book 35, Pages 11 through 12). The Utility Easement went across lands encompassing the proposed "Ibis Cove, Phase Two-A", which at that time had not yet been platted. "Ibis Cove, Phase Two-A" has now been platted and recorded (Plat Book 37, Pages 79 through 83) and the plat provides a County Utility Easement (C.U.E.) for the water main. The location of the platted C.U.E. varies slightly from the Utility Easement recorded by the seperate instrument. The location of the water main was adjusted to lie within the platted C.U.E. so the Utility Easement recorded by seperate instrument is no longer needed. Letters of no objection have been received from Collier County Engineering Services and Collier County Public Utilities. Zoning is PUD. This Executive Summary was approved by Jeanne Marcella in Transportation on 5-29-02 and by Roy Anderson in Public Utilities on 5-03-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. JUN 2 5 2002 Sheet 2 of 2 AVESM T2002-AR 1995 GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR1995 for the vacation of the Utility Easement recorded by seperate instrument; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Direct the clerk to the Board to make proper notation of this vacation on the recorded plat of"Ibis Cove, Phase Two-A" as referenced above. PREPARED BY: t~', ~ ~ ce: t ~_/,~ Rick Grigg, P.S.M. Engineering Services DATE Thomas E. Kuck, P.E. Engineering Services Director ~sj/Ph K. Scla~nitt, Admim~trator tmnmty Development & Environmental Services JUN 2 5 2002 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLIYrION NO. 2002- RESOLUTION FOR PETITION AVESMT2002-ARI995 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PARCEL OF LAND CONVEYED TO COT.LmR COUNTY AS A LrriLrrY EASENfENT, AND RECORDED IN OFFICIAL RECORD BOOK: 2896, PAGES 3146 THROUGH 3150, PUBLIC RECORDS Of COLL[FR COUNTY, FLORIDA. LOCATED IN SECTION 27, TOWNSH/P 48 $OLrrH, RANGE 26 EAST, COLLIF]{ COUNTY, FLOR]DA. WHEREAS, pursuant to Section 125.01(0, Florida Statute% Shane Parker, P.E. from McAnly Engineering and Design, Inc., as agent for the petitioner, ARM Development Corp. of SW Florida, Inc., requests the vacation of the Utility Easement that was conveyed to Collier County and recorded in Official Record Book 2896, Pages 3146 through 3150, Public records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the Utility Easement that was conveyed to Collier County and recorded in Official Record Book 2896, Pages 3146 through 3150, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners and is deemed to be in the Public's interest and to provide a Public benefit. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following described Utility Easement referenced above be and is hereby disclaimed, renounced and vacated: See Exhibit "A" attached hereto and incorporated herein. 2002 35 BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 36 certified copy of this Resolution in the Official Records of Collier County, Florida, and to make 37 proper notation of this vacation on the recorded plat of "Ibis Cove, Phase Two-A" as referenced 38 above. 39 40 This Resolution is adopted this 41 after motion, second and majority vote favoring same. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 65 66 67 day of , 2002, DATED: ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMIVIISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: James N. Coletta, Chairman Approved as_ to form and legal sufficiency: Patrick G. White, Esq. Assistant County Attorney AGF. I~A I1TzM JUN 2 5 2O02 ¥ J,I~IO(IR G 16A1 Attachment "C' PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INb~FRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDMSION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: /- ~9~ - ~Z Petition #: Petitioner (Owner): ARM Development Address.4206 Enterprise Avenue, City/State: Naples, FL CORD. of Unit ~-7 SW Florl(]a. ?ne,, Telephone: ( 9 ~J. ) 254- 2080 Zip Code: 34104 Agent: McAnly Engineerin~ and Desiqnt Inc. Address: 5435 Park Central Court City/State: Naples, FL ZipCode: 34109 South of Immokalee Rd, West & North of Indigo Location of Subject Property: Lakes, East of Heritage Green 48S Range 26E Location: Section 27 TownshiP~146~ Official Record Book 2 8 9 6 Page (s). 315 0 Current Zo.ning: PUD Does tMs affect density?.~ LegalDescriptlon: See Attached Exhibit A Telephone:(941) 593-3299 N Reason for Request: Area containing eastment will I hereby author .ize Agent above t~re~F, uent me for this petition: Signature of Petitioner be platted Yes [-'l No Ovadia Roni Elias President PrintName (Tifl~ Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrnment" for the list of supportive materials wMch must accompany this petition, and deliver or mail to: Community Development & Environmental Servlc~ Division Planning Ser. ices Department 2800 North Horseshoe Dr. - Naples, Florida 34104 (1) (2) O) O) Attachment Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, Indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indlcat principals. List ali other owners. [the nWnf~Y~d JUN 2 5 2002 Official Receipt - Collier County Board of CDPR1103 - Official Receipt County Commissioners T['-~a n s Num~ 31~'~ '- ~ 1/17/2002 9:54:47 AM 1P/~/Date ~Nbr JAR 1995 Appl Name: MCANLY ENGINEERING & DESIGN, INC. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 5435 PARK CENTRAL COURT NAPLES FL 34109 Proj Name: IBIS COVE PHASE ONE Type: TAZ: 42 Subdiv Nbr:. 3291 Project Nbr: 2001070001 Payor' ARM DEr. Fee Information IFee Code 12TRVC Description I GL Account REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Total Amount 1 Waivedt $1000.00 $1000.00 [Payment Code [CHECK Payments IAccount/Check Number 748 Amount Total Cash t $0.001 Total Non-Cash $1000.001 Total Paid [ $1ooo.oo'1 Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD. Plus for Windows 95/NT AGENDA ITEM .,,. i (,,~ I! JUN 2 5 2002 yaual, wi ~ Vmudm & A~.~,a, P.A. 801 I.,s~d O~k Drip, SulM 300 (MO~7-2St4 2668244 OR: 2703 PG: 1365 RI¢ORDID La OFFICIAL ilCOIDS o[ COLLII! cooIrTl, FL 07/27/1000 aL 08:HAX D¥IGB! i. OROCi, CLIRI tlc FII 10,50 DOC-.70 .70 SIi~I! & fILON 1000 N TAIiIANI ?! ~lOl IAPLIS IL liN! TRU:~-I'I~a;'S D~ r; THIS INDENTURB made this,::~/,aY., day of July, 2000, between Clyde C. Quinby as Trustee under that certain Florida Land Trust No. CCQ100-2, a/k/a Florida Land Trust ~umber CCQ 100-02 dated August 31, 1999, hereinafter called the 'Grantor" and A.R.M. Development Corp. of S,W. FL, inc., a Florida corporation, hereinafter called 'Grantee", whose address is 4206 Enterprise Avenue, #A-7, Naples, FL 34104. WITNESSETH; THAT GRANTOR, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid by Grantee, the receipt where, f is hereby acknowledged, does hereby grant, bargain and sell to grantee, the following described property in Collier County, Florida, to-wit: The East 1/2 of the West 1/2 of the Northwest 1/4 of Section'27,'Township 48 South, Range 26 East, Collier County, Florida, less the Northerly 150 feet of said Parcel. TOGETHER WITH Tile North 1/2 of the Northwest 1/4 of tile Southwest 1/4 of Section 27, ,Township 48 South, Range 26 East, Collier County, Florida. SUBJECT TO: Restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes for years subsequent to December 31, 1999, and any outstanding oil, gas and mineral rights. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD the same unto the Grantee and Grantee's assigns forever. IN WITNF_3S WHEREOF, Grantor has hereunto affixed his seal as of this day and year first above written. Signed, sealed and delivered Witness, #1 (Signature) Wimess #2 (Signature) Clyde C. Quinby, Trustee of Florida Land Trust No. CCQI00-2 a/kda Florida Land Trust Number CCQ 100-02 ~A ITEM JUN 2 5 2002 OR: 2'103 PG: 1366 This deed is executed in the capacity as Trustee only and not personally. All parties agree that Trustee's liability is limited to such assets as may be in the trust from time to time. STATE OF FLOR]DA COUNTY OF COLLIER 6 The rureguing instrument was acknuwlcdged bcl'ore mu un Jul~,,~.~_-~t~, 2000 by Clyde C. Quinby, as Tastee, under that cert~n Flgrida Land Trust No. CCQ100-2, a/k/a Florida Land Trust Number CCQ 100-02,/trated August 31, 1999, on behalf of the trust, who ( ) is personally known to me or ( v' .) has produced as identification. ~ Notary Public, State of Florida My Commission Expires: (SEAL) AGENDA ITEM // JUN 2 5 2002 De,Id P. I[os~mm'. I~1. ymmS. vK ^mmudc~. Ymudoe & Andmo~ l'ri~(f~! AplN~llerl ~ Id~tllibUet (lr~) lq~nib(f'(l)1001~q721~00 2668245 OR: 2703 PG: 1367 LIe H! N.50 DOC-.N 382H.00 letn: Sll$l! & PILO! 1000 I T~IAllI ?1 il01 HAPLIS FL 34102 WARRANTY DE~;D ,, This Warranty D~xl made the ay of July, 2000 by Clyde 12. Quinby, Trust~ of Florida I.~nd Tm CCQ100-1, and Clyde 12. Quinby, individually, hereinafter called tl~ Grantor, to A.R.M. Development Corp. of $.W. FL, Inc., a Florida corporation, whose post offi~ addre~ is 4206 Enterprise Avenue, #A-7, Naples, FL 34104, hereinafter called tl~ Grantee: snllm of Indl~hfd~ -,,.d Om WITNF.~qSETH: That the Grantor, for and in consideration for the sum ofTen and 00/100 Dollars ($10.00) and other valuable consideration, the receipt whereof is hereby acknowledged, hereby graneq, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: West 1/2 of the West I/2 of the Northwest 1/4 of Section 27, Township 48 South, Range 26 East, Collier County, Florida, less the North 810 feet thereof. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 1999. This is not the homestead property nor is it contiguous to the homestead property of the Grantor of his lineal descendants. TOGETHER with all the tenements, hercditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with said Gnmtee that Ihe Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons Whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. lyde C. Q~i~by, Trus~te~ of Florida Land Trust CCQ100-1 Clyde C. Quinby, Individually AGENDA ~ J U N 2 5 2002 ri. lO *** OR: 2703 PG: 1368 *** STATE OF FLORIDA COUNTY OF COLLIER The foreg~ng instrument was acknowledged before me this _~_~____~ay of Suly, 2000, by Clyde C. (~by, as Trustee of Floti.da Land Trust CCQI00-1, on behalf of the trust, as an individual, (/) who is personally known ito me or ( ) has produced as identification. Printed Name: te.~ . (SEAL) My commission expires: 2002 UTILITY EASEMENT THIS EASEIv[ENT, granted this 3~3 day of March, 2001 by: A.R.M. DEVELOPMENT CORP. of S.W. FL, Inc., a Florida corporation, whose post or, ce address is, 4206 Enterprise Avenue, Unit A-7, Naples, FL 34104,'as Grantor, to 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-SEWER DISTRICT, its successors and assigns, as Grante~. 2861193 OR: 2896 PG: 3146 O~/H/2001 at 03:11~ DiIG~T I. B~OC[, ~JC 7{! 2(.00 DOC-.70 SBIIL{T IIZ/IIGI~HIIIG llVlIJ ~0151$B0! DiI~I -WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains, and seIIs unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: As described on the attached Exhibit "A" TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the 'right to e~ter upon said land, exbavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural,.as the context requires. IN W/TNESS ~OF, the Grantor has caused these presents to be executed the date and ye,~r first above written. · CORPORATE SEAL A.R.M. DEVELOPMENT CORP. of S.W.. FL,__ Inc.,i ~a _ Ovadia Roni Elias, President J ,UN 2 5 2002 OR: 2896 PG: 3147' STATE OF FLORIDA COUNTY OF COLLIER The foregoing document was acknowledged before me this 3~ day of March,. 2001, by Ovadia Roni Elias, President of A.R.M. DEVELOPMENT CORP. of S.W. FL, Inc.,a Florida corporation, who is personally l?_own to m,e or who has produced as identification. (ssm.) Notary Public ~ ( Print or Type Name: My Comm~_ sion Expires: PREPARED BY: Jsme~ A. Pilon, Esquire 1000 Tamiami Trail North, Suite 201 Naples, Florida 34102-5481 941-263-8282 ~,ENDA ITEM J UN 2 5 2002 2896 ?G: ,]148 IBIS COVE, PHASE ONE 15 FOOT V~IDE COUNTY UTILITY EASEMENT LEGAL DESCRIPTION A 15 foot wide strip of land lying in the West half of the West half of Section 27, Township 48 South, Range 26 East. Naples, Collier County, Florida, and more particularly described as follows: Commencing at the Southeast comer of Lot 138, Block "A" of Ibis Cove, Phase One, a subdivision as recorded in Plat Book 35, Page 52 through 58 of the Public Records of Collier County, Florida run S88°33'31'W along the South line of said Lot 138 for a distance of 142.00 feet to an intersection with the East fight-of-way line of Ibis Cove Circle; thence mn S01°26'29"E for a distance of 31.29 feet to an intersection with the South right-of-way line of Benjamin Way; thence run S88°33'31"W along said South righl-of-way li,c for a (lislancc of 40.00 foci lo Ibc i'oi,t of l%gi,ning; thence leaving said South fight-of-way line run S01°26'29"E for a distance of 145.78 feet to a point of' curvature; thence run 65.49 feet along thc arc of a curve concave to the Northwest having a radius of 310.00 feet, a central angle of 12°06'17"~ a chord distance of 65.37 feet and a chord beating of S04°36'39"W to a point of reverse curvaturc; thence run 88.73 feet along thc arc ora curve concave to thc Northeast having a radius of 210.00 feet, a central angle of 24°12'33'', a chord distance of 88.07 feet and a chord bearing of S01°26'29"E to a point of reverse curvature; thence run 65.49 feet along thc. arc ofa cu~c concave to thc Southwest having a radius of 310.00 feet, a central angle of 12°06'17", a chord distance of 65.37 feet and a chord bearing of S07°29'37"E to a point of tangcncy; thence nm S01°26'29"E for a distance of 1'84.74 feet; thence nm S01°26'48"E for a distance of 136.40 feet; thence nm N88°33'12"E for a distance of 182.00 feet to the East line of said Ibis Cove, Phase One; thence nm S01°26'48"E along said East line for a distance of 51.97 feet; thence leaving said East line run S88°33'12"W for a distance of 7.50 feet; thence run N01°26'48"W' for a distance of 36.97 feet; thence nm S88°33'12"W for a distance of 174.50 feet; thence nm S01°26'48'E for a distance of 21.00 feet; thence nm S88°33'12"W' for a distance of 15.00 feet; thence run-N01°26'48"W for a distance of 196.61 feet; thence nm N01°26'29"W for a distance of 184.74 feet to a point of curvature; thence run 62.32 feet along the arc ora curve concave to the Southwest having a radius of 295.00 feet, a central angle of 12°06'17', a chord distance of 62.21 fe~: and a chord bearing of N07°29'3T'W to a point of r~verse curvature; thence nm 95.07 feet along the arc ora curve concave to the Northeast having a radius of 225.00 foe, t, a central angle of 24°12'33', a chord distance of 94.36 feet and a chord bearing of N01°26'29"W to a point of r~vcrse curvature; thea~.'-~n 62.32 feet along the ~rc of a curve concave to the Northwest having a radius of 295.00 feet, a central angle of IT'06'IT~, a chord distance of 62.21 feet and a chord bearing of N04°36'39"E to.a point of tang~ncy; thence run N01°26'29"W for a distance of 145.78 feet to said South right-of-way line; thence run N88°33'3 I"E for a distance of 15.00 feet to the Point of Beginning. Said parcel containing 14210.26 square fett or 0.33 easements, restrictions and reservations of record. acres more or less, subject to sc.,e~^ rr~ il JUN 2 5 2002 - uR: z~b YG: 3149 · .~,..'.~.,:..: ..:~..:..:~.. · ; /'. ..... :..,.,~ .~..~.:.. o : ~: , 5~;:~-~ :.'.'-': '.-,' · . . :~..:':~"~-.~ ': . Florid~'.K~gistrat[on No. 1543 Not v~lid Not v~did unl~,s.~oal~! with th, ofigimd rai~ McAnl¥ Engin~'ing ~nd D~ign, Inc. 5435 Pn.~k Central Court Naples. Florida 34109 AGENDA J[3N 2 5 2002 p,. ~,,~0§I~ :~d 968Z :HO ~,, J UN 2 5 2002 .. ,. JUN 2 5 2002 :ANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITEC~ January 24, 2001 Mr. John Houldsworth Collier County ~eerm8 Review Services 2800 North Horseshoe Drive Naples, FL 34105 Ibis Cove, Phase Two-A -Vacation of Easement Request for a "Letter of No Objection" Dear Mr. Houldsworth: The purpose of this letter is to request a letter of no objection for the vacation of easement for a County Utility Easement lying in Tract "B" of Ibis Cove, Phase One. The easeraent is a 15 Foot Wide County Utility Easement that is filed in O.R. Book 2896, Pages 3146 through 3150. The easement is for a water main that connects Ibis Cove, Phase One to Indigo Lakes - Unit Three. The e. asement is being extinguished since there has been a replat of Tract "B" of Ibis Cove, Phase One and the easement is now platted. The replat is known as Ibis Cove, Phase Two-A and is recorded in Plat Book 37, Pages 79 through 83, of the Public Records of Collier County, Florida. The following information is enclosed for your review:. I. One (I) copy of the Ibis Cove, Phase Two-A plat. 2. One (1) copy of the recorded document, which grants the Utility Easement to Collier County. 3. One (1) copy of the recorded Trustee's Deed and Warranty Deed. 4. One (1) Site Plan showing the location of the easement to be vacated. 5. One (1) Sketch of Description of the easement to be vacated. 6. one (1) copy of the Construction Plan of Ibis Cove, Phase Two-A depicting the location of the water main in the area of the easement that is proposed to be extinguished. Please call me at (941) 593-3299 ext. 206 if you have any questions, comments, or require additional information. Encl~ I have no o~ection to the proposed vacation. Date: AGENDA I'I--r,M ,~ 1(~/~ I! JUN 2 5 2002 5435 PARK CENTRAL COURT. NAPLES. FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717. NAPLES. FLORIDA 34101-1717 {941) 593-3299 FAX (941} 593-3298 cANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Ja~uaz7 24. 2001 Mr. Paul Mattausch Col, ii= Co~mty Public Ulilitim 3~01 Eas[ l'amiami '[rail Bld~ H Naples, FI. 14112 Cra, e, Phase Two-A -Vacation of F, asem~nt for n"l.~ua' of Ho Objection" Dcar Mr. Hould.~'worth: The purlx~se of this letta' is to requcst a Icttcr o1' n~ objcction for thc VaC~tien Or' ~aS~ment for a County Utility Eas~ncnt lying in Tra~ "B" of Ibis Cove, Pha.~ On~ The easement is a 15 F~t Wide County UtiUty Easem~m that i~ flied i, O.E. Dook 2896. Pages 3146 thrott~h 3150. 'l'he easement is for ·watcr main that connects ibis Cove, Phase One t~ Indigo l.akes - Unit Three. The ea.~rac~t is Ix:in8 cxtinguished sincc thcrc has bccn a rcplat o£Tract · 'B" of Ibis Covc~ P_hasc Onc a.nd thc ~scmcnt is now platte. Thc ~.l~lat is known ns lois Cove, Fha~: T--wo"gV"~-~ is-- x=~.:ord~d ~-Plat Book 37, Pages 79 through 83, ol thc Yu~h~Kccords of Colller Count),, Florida. The following information/s enclosed for your review: I. One (1) copy of'the lbis Cove, Phase Tw~A plat 2. One (1) copy o£ the recorded document, which grants thc Utility Eascmcnt to Collicr County. 3. Onc (1) copy ol' cbc rccordcd Tmsicc's Deed and Wammty D~xxL 4. onc (I) Sitc Plan showin~ thc location of the ~n~.'~nent to be ~m!~- 5. On~ (1) Sketch o£Dm~crilxion of thc easement to be vg-¢-~!-'-"d. 6. One (I) copy of the ~on I~lan of Ibis Cove, Phase Two-A dcpicl/n8 thc location of thc w'atcr main in thc arca of th,: c.u=acm that is prolXeCd to ix: cxtinguishcd. PI~ ~ me al (941) 593-3299 ~x't 206 il'you have any quesdons, comment.% or require additional infnnnali~. 5435 PARK CENTRAL COURT. NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. ~ 1171, ~. NAPLES, FLORIDA 34101.1717 A REPLAT OF TRACT "B" DEDICATION STATE OF FLORIDA )SS COUNTY OF COLUER KNOt~ ALL llt~t ~Y ~ ~T~ TI'M T AP,.bl. OEI,~LOPMENT CORPO~A I'ION OF S'~ FLORIDA, INC, A FLORIDA CORteORAI'ION ANt] 1N~ OI~TRICT 80ARO OF MISSIONS AND CHURCIt. EXTENSION OF THE FORT MYERS OISTRICT OF' 1~ tiNIrtV 14irtto~r ~ eic,. A FtO~OA Nor-FOR-PROFIT CORPORA110N, ~ O~'S OF Tile L4~S DESCRIBED I~REON, HAS C4USED THIS PM r EN~II[EO 1815 COW.. PHA~ TWO-A I0 8E IZ4DE ,'~10 OOE$ HEt~SY A TOCOUJER~TY: 1. INGR~ AND EGRE55 Ot,~R ~RACT 'R', AS SHOWI~I, AS AN ACCESS £A~M£NT~ DE57GNATI~D AS 'A.E ~, FOR TH~ ~ OF ACC~G ITS RESPECTIVE FAClUTIE~ Iff~H NO RE~=~)N57BIUTY FOR MAINTENANCF_ Z ALL ORAINA~ EA~ENTS A~ ~HOI~I, AND DESIGNATED AS '~I~, FOR THE PURPOSE OF ACCE.~SING ANO MAINTAINING ITS RE.~e~CTIV~ FACtLITIE~ tWTH NO RESPON$t~IUTY FOR MAINTENANCE. ALL LAXE MAINTENANCE F. ASD~ENTS AS SHOV, flI. ANO OESIGNATED AS 'I.M.E ', FOR TH£ PURPOSE OF ACC~-~ AND MAIHTAINING ITS RES~OECTIVE £AClLI~E.~ WITH NO RE57~'W~IBIUTY FOR MAINTENANCE. 4. ALL ACCL¢'5~ EASF_.MENTS AS $HOIflV, AIVO D£SIGNA TED AS 'A.r ', FOR THE PURPOSE OF ACCES~NG AHO MAINTAINING ITS RESPECTIVE FACTUTI£5 ~TH NO RESPONSIBILITY FOR ~IAINTENANCE. 5. ALL OF TRACT 'S1° FOR UvJE AS A SIDEWALK WITH NO R£$PONSIBIUTY FOR MAINTENANCE. ('L~--ALL COLU~R COUNTY W~R-SEWER D~STRICT EASEMENT~ AS ~HO~ ANO D~$1C4VATED AS 'C.U.£' ~"- r UH IN.~- i ALLA TiON, OPERA ~70N AND MAIN1ENANCE OF f l~ FA CIU UE 5 WI17~OU T RESPONSIBlU TY FOl~ ALL WATER AND 5~WER UTIUTY FAC/UTIE~ CONS~RUCT~£' WITHIN THE C,U.[, UPON ACCEPTANCE OF THE IMPROVEMENTS REOUIRED BY THE APPUC.48LE LAND DEVELOPMENT REGULA TIONE. INGRE~ AND £GRES~ OVE~ TRACT 'R' AS SHOWN, FOR THE PURPOEE OF ACCESSING ITS RESPECTiVE FA CIU TIE~ (~_ALL OF TRACT '57' AS SHOWN, FOR INSTALLATION, OPERA~70N AND UAIN~NANCE OF JTS 'FAOLI~E$ ~THOUT THE R£SPONSIB~UTY OF ~JNTENANCE OF THE TRACT. C~ ~0 COLLIER COUNT~: /TS FRANCHISEES AND NORTH NAPLES FIRE CONTROL DISTRICT: 1. INGRESS AND £GR~ OVER TRACT 'R', A5 SHOWN, AS AN ACC~ FOR THE SOlE PURPOS~ OF PERWITTINC EM£RGENCY AND OTHER TO'ALL LOTS AND TRACTS. WITHOUT RESPONSIBIUTY FOR MAINTENANCE. D, TO FLORIDA 'POWER & UGHT, SPRINT, CABI.£ TELeviSION. FRANCHISE COMPANY AND LICENSED/FA'.~, CHISED PUBLIC UTIUTIE~ ITS SUCCESSORS. AESIGNS AND SUBSIDIARIES' L INGR£EE ANO EGRESS OVER TRACT 'R' AS SHOtI~i, FOR THE PURPOEE OF ACC£$$, INSTAILA TiON AND MAINTENANCE Oir THEIR RESPECTIVE FACIUTIE~ PROVIDED ALL. USES SHALL BE SUBJECT TO AND NOT INCONSISTENT I~TH USE BY COLUER COUNTY OR THE~COLLIER COUNTY WATER-SEWER DISTRICT AS A 'C.U.C..'. ~ UTILITY PROHDER SHALL BE REE, PONSiBLE FOR RESTORATION OF' ~ ~-£GR£SE EASEMENT TO THE PREVIOUS Z ALL PUBUC U~IUTY E,4$~MENTS AS SHOWN AND DEgGNAr£D AS 'P.U.~ ', AS A NON-EXCLUSIVE PUBLIC UTlUTY EAEEMET~T FOR THE PURPOS£ OF CONSTRUCtiON, iNSTALLATION, ELECTRIC. TELET=HON£ AND CABLE TELEI4SION SERVIC££ THE CONSTRUCTION, INSTALLATION, MAINTENANCE OR OPERA770N OF CABL~ TELEVISION SERVICES SHALL NOT INTERFERE ~TH THE FAC~L/TIES AND SERVICES OF ANY OTHFJ~ PUBLIC UTIUTZ IN THE EVENt A CABLE TELEVISION COMPANY DAMAGES THE A PU~.JC UTIIJT~, IT SHALL ~ $OLETJY RE~ONS~BLE FOR THE DAMAGEE~ E. TO ~4~ ~ CO~ 'M~T~R HOM£OWI~I£J~'S ASSOCIATION, INCO~, IT~ SUCCESSORS OR ASSIGNS' 1~ ALL OF' THE ROAD RIGHT-OF-F/AY LYING WITHIN THE LANDS PRIVATE ROAD RI~IT-OF-#'AY PURPOSES~ I~TH RESPONSIBIIJTY FOR MAINTENANCE THEREOF'. SUBJECT TO TRACT 'R' I$ A PRIVATE ROAD RIGHT-OF-IVA Y AND COLU£R COUNTY HAS NO MAINTENANCE RESPON$1BIUTY WITH RESPECT 2. ALI. OF TRACT' '$I' FOR USE AS A SID£WAI. K. I~TH THE RESPON$1BIUTY FOR YAINT~NANCE. ALL DRAINAG~ EASF..MENT$ AS SHOWN, AND DESIGNATED AS °O.~.", WITH R£SPONSIBtUTY FOR MAINTENANCE. 4, ALL ACCess F'_.AS£111ENT$ AS ~HOWNo AND D£SIGNA TED AS 'A.E. ' Jg~ITH RESPON~IBIUTY FOR MAINT~ANCE. 5. ALL OF TRACTS '*i. BI' AND 't.82' F'GR USE AS LANDSCAPE BUFFt~M.~, WITII RESPONSIBILITY I'OR MAINTENANCE. IN WITNESS F4YEREOF, SAID OIf/NER HAS CAUSED THESE PRESENTS TO 8E SIGI~ED ON THIS --~ , DAY OF' ~ 2001, ~D. A.R.N. D£VELOPMENT .CO~ TION A FLOR/DA CORPORA TION~ OVADIA RONI £UA~ PReSIDENT OF SW FLORIDA, /NC. PRINTED NAME MORTGA' STATE OF FLORIDA ~ S~ COUNTY OF COLLIER THE,,E, ORE~G INSTRUMENT WAS ~ ME OR HAS PROOUCE£ PRINTED NAME TI' · COUNTY OF COUJER ) I, JAMES A. PILON, A DULY UCEI~ DA TI~ ~.OW I HAVE EXAMINED TI THE HEREIN DESCRIBED PROPER~ CORPORA TION, THAT THE CURR£N £XCEPT AS FOLLO~ JUN 2 5 2002 ~0 n W H- Z ~,gI ~ ~2.00 142.00 88'33'31' '~ 42.00 '142.00 .OgI 142.00 141,18 ~3g.02 139.00 9'~I I 141.75 £ ,,1 142.00 ~.~a. 142.00 ~ ~'* '" 142.00 ,~o,- ', ~.~2.00 £ 8a"33'31 ' £ £ £ [ 137.17 )~ 135.03 E 99g I ~ Z, gg ° ggg ~ 3~.oo gg~ .~0'6LL 3. Lt.gO.6g$ JUN 2 5 2002 EXECUTIVE SUMMARY REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE THE CHA~ TO ISSUE A LETTER OF SUPPORT FOR THE CURRENT COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY, TO BE SUBMITTED TO THE U.S. ECONOMIC DEVELOPMENT ADMINISTRATION BY THE SOIYFHWEST FLORIDA REGIONAL PLANNING COUNCIL ON BEHALF OF THEIR MEMBERS. OBJECTIVE: Authorize the Chairman to sign a letter of support for the Comprehensive Economic Development Strategy (CEDS), which will be submitted to the U.S. Economic Development Administration (EDA) by the Southwest Florida Regional Planning Council on behalf of their members. CONSIDERATION: The Comprehensive Economic Development Strategy (CEDS) is updated every five years. This strategy supports job creation and economic diversification throughout the Southwest Florida Regional Planning Council's six-county region. Broadly defined goals and objectives are stated in the report, which can be amended annually as needed. The CEDS was prepared by the Economic Development Committee of the Southwest Florida Regional Planning Council and adopted by the Council at its June 13, 2002, meeting. Collier County will join all other counties in this six-county region in supporting this regional plan. Such a unified level of support provides greater recognition of our geographical area and enhances the success of this regional plan which mirrors our own County's economic development initiatives. FISCAL IMPACT: Though there is no immediate fiscal impact, governmental entities that support the CEDS receive a 10% bonus on EDA grant funds. JUSTIFICATION: A letter in support of the CEDS provides Collier County active membership in the Southwest Florida EDA District, thus entitling the County to a 10% bonus when applying for EDA grant funds. In addition, the Collier County Economic Development Council's (EDC) goals of job creation and economic diversification are also key to the CEDS strategy and plan, thus the CEDS' accomplishments assist us in achieving our same County goals. GROWTH MANAGEMENT IMPACT: Although Collier County does not have an Economic Development Element in its Growth Management Plan, the Comprehensive Economic Development Strategy will assist us in achieving the goals of the Economic Diversification Program approved by the Board in January of 1997. RECOMMENDATION: The Board of County Commissioners authorizes the Chairman to sign the attached letter of support regarding the Comprehensive Economic Development Strate~ ~- ~GEN~A ITEM' ' JUN 2 5 2002 SUBMITTED BY: REVIEWED BY: Helene Caseltine, CED Economic Developme~Manager, HUI Denton Baker, Director Finance Administration/HUI DATE: DATE: APPROVED BY: ~~'~ -.'~~ DATE: ,/ /Joseph K. ~cl:u'nitt, Admi6istrator Con~ty Development and Environmental Services 2002 June 25, 2002 Mr. Phillip Paradice, Jr. Economic Development Adminis~tion Atlanta Regional Office 401 West Peachtree Street, NW Atlanta, GA 30308-3510 Dear Mr. Paradice: Collier County supports the updated Comprehensive Economic Development Strategy (CEDS) prepared by the Economic Development Committee of the Southwest Florida Regional Planning Council. The CEDS, which was adopted by the Council at its June I3, 2002 meeting, has an overall focus of job creation and economic diversification. Collier County recognizes the need to support and promote economic development through local and regional initiatives. Additionally, the County recognizes that long- range economic development planning is mutually beneficial to Collier County, its neighboring municipalities, and the designated regional centers within the area. For this reason, Collier County wishes to remain an active member in the Regional Economic Development District and participate in its planning efforts involving economic development in Southwest Florida. Sincerely, James N. Coletm, Chairman Collier County Board of County Commissioners JNC:hc c: David Burr, Interim Executive Director, SWFRPC JLJ 2 5 200? REQUEST TO APPROV]Z FOR RECORDING THE FINAL PLAT OF "JELLYSTONE PA/~K" OBJECTIVE: To approve for recording the final plat of Jellystone Park, a subdivision of lands located in Section 21, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Jellystone Park". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. This is a replat of a Golden Gate City Tract into 8 single family lots. Engineering Review Section recommends that "Jellystone Park" be approved for recording. the final plat of This Executive Summary has been reviewed and approved by Roy Anderson Public Works Utilities Director on March 28, 2002, and by Greg Garcia, Transportation Services on May 23, 2002. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH ~%NAGE~T IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. There are no environmental issues ENVIRONMENTAL ISSUES: J UN 2 5 2002 Executive Summary JellysSone Park Page 2 ~ISTORICAL / ARCHEOLOGICAL ISSUES: archeoiogical issues There are no historical or F2~C RECOMMENDATION: Not applicable CCPC RECOMMENDATION: Not applicable PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Jellystone Park" with the following stipulations: 1. Authorize the recording of the Final Plat of "Jellystone Park." PREPARED BY: Jo~ m.'~Buldswo~h[ Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: /~'~ -~~ rat or J~h K. s-~hmitt, Administ unity Dev. and Environmental Svcs. Date .JUN 2 5 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADW]%Y, DRAINAGE, W~TER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "SHORES AT BERKSHIRE LAKES PHASE TWO - A" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Shores at Berkshire Lakes Phase Two - A" CONSIDERATIONS: On September 13, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Shores at Berkshire Lakes Phase Two o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Suramary has been reviewed and approved by Norman Feder of Transportation Services and Roy Anderson of Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTHMANAGEMENT IMPACT: None JUN 2 5 2002 .,. ] Executive Summary Shores at Berkshire Lakes Phase Two - A Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Shores at Berkshire Lakes Phase Two - A" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date REVIEWED BY: Thomas ~,.-'kuck, P.E. Engineering Review Director Dake APPROVED BY: /~~ ator cJOo~nit~n K~ SDCev' and Envir~mit-t' Ad~ai~in~te~tal Svcs. j rh .JUN 2 5 2002 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 55 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN ~SHORES AT BERKSHIRE LAKES PHASE TWO - A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE SHORES AT BERKSHIRE LAKES HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 22, 1999 approved the plat of Shores at Berkshire Lakes Phase Two - A for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Shores at Berkshire Lakes Phase Two - A, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the shores at Berkshire Lakes Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COIVIM_ISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney J UN 2 5 2002 PS. T EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "SHORES AT BERKSHIRE LAKES PHASE TWO - B" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Shores at Berkshire Lakes Phase Two - B" CONSIDERATIONS: On January 20, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Shores at Berkshire Lakes Phase Two - o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has b~en prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Norman Feder of Transporatation Services and Roy Anderson of Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M]%NAGEMENT IMPACT: None JUN 2 5 2002 Executive Summary Shores at Berkshire Lakes Phase Two - B Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Shores at Berkshire Lakes Phase Two - B" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John ~. Hou!dsQ6rth;'~.ngine Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: J~s~ph K. So'mitt, Administrator unity Dev. and Environmental Svcs. j rh JUN 2 5 2002 Z 2 5~. 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF · THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN SHORES AT BERKSHIRE LAKES PHASE TWO - B, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE SHORES AT BERKS~ LAKES HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2000 approved the plat of Shores at Berkshire Lakes Phase Two - B for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Shores at Berkshire Lakes Phase Two - B, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the Shores at Berkshire Lakes Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~0 Patrick G. White Assistant Collier County Attorney JUN 2 5 2002 EXECUTIVE SUMMARY APPROVAL OF CONTRACT # 02-3317 IN THE AMOUNT OF $39,575, WITH ltENDERSON, YOUNG & COMPANY FOR CONSULTANT SERVICES FOR AN EDUCATIONAL FACILITIE~S (SCHOOL) IMPACT FEE UPDATE STUDY OBJECTIVE: Obtain Board of County Commissioners approval of a contract for professional consultant services for preparation of an Educational Facilities Impact Fee update study in the amount of $39,575. CONSIDERATIONS...: Because of the need for timely information with regard to impact fees, it was determined by staff to be in the best interests of the County to combine multiple impact fee update studies into one Request for Proposals, RFP 02-3317. However, each study is being managed and funded as a separate, distinct project. The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on October 31, 2001. Notices were sent to 134 firms with 28 vendors requesting full packages. Four proposals for the Educational Facilities Impact Fee update study were received by the due date of November 21,2001. A Selection Committee meeting to rank order the received proposals for this contract was held on February 7, 2002. The committee was composed of staff of the County Manager's Agency, the County Attorney's Office and the School Board. By consensus of the members, after review and discussion, Henderson, Young and Company was selected as the number one choice among the prospective vendors. The Board approved the committee's short list on February 26, 2002, Agenda Item 16.A7. With the advice and consent of the School Board staff, the County has negotiated a contract, in the amount of $39,575, which dictates an accelerated completion schedule to provide the results of this impact fee update study as soon as practicable. It is anticipated that the final consultant's report, to include the proposed new Educational Facilities Impact Fee rate schedule, will be presented to both the School Board and the Board of County Commissioners in September 2002. GROWTH MANAGEMENT IMPACT: This will provide funding for the expansion of the Collier County Public School District's educational facilities inventory to accommodate growth. FISCAL IMPACT: The project will be funded entirely by Educational Facilities Impact Fees. The County staff will review received invoices from the consultant to ensure contract compliance, and the invoices will be forwarded to the School Board for payment. The School Board has advised the County staff that sufficient funds from passed-through impact fees are available to finance this professional services contract. JUN 2 5 2002 Educational Facilities Impact Fee Update Contract Approval Page 2 & RECOMMENDATION: That the Board of County Commissioners approve a contract, in the amount of $39,575, for professional consultant services for preparation of an Educational Facilities Impact Fee update study, and authorize the Chairman to sign the standard, County Attorney approved contract. Denny Baker, Business Manager, Office of Financial Management/CD&ES Reviewed by: Reviewed by; Reviewed by: Step/l~n Y. ~nell,~ur~asing Director/' ~s~ph K. Schn~,' A-dministratorli ,Cnommunity Development Enviromental Semices Divis'o Approved By: ~._ ~ ~~ Date: Thom~W. Olliff, County Manager JUN 2 5 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ,,FIDDLER'S CREEK PHASE 3, UNIT ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase 3, Unit One", a subdivision of lands located in Section 14 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase 3, Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This Executive Summary was approved by Ed Kant, P.E. of the Transportation Services Department on May 2, 2002, and by Roy Anderson, P.E. of the Public Works Utilities Department on May 3, 2002. Engineering Review Section recommends that the final plat of ,,Fiddler's Creek Phase 3, Unit One" be approved for recording. FISCAL IMPACT: The project cost is $1,166,737.59 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $455,750.55 - $710,987.04 The Security amount, equal to 110% of th project cost, is $1,283,411.35 211112 Executive Summary Fiddler's Creek Phase 3, Unit One Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $22,543.99 Fees are based on a construction estimate of $1,166,737.59 and were paid in October, 2001, and February, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $1200.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAG~ENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $2278.75 Drainage, Paving, Grading (.42% const, est.)- $2986.15 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $6836.26 Drainage, - $9242.83 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC R~COM~4~NDATION: Approval CCPC R~COM~NDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no historical or That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 3, Unit One" for recording with the following stipulations: 1. Approve the amount of $1,283,411.35 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 2 5 2002 Executive Summary Fiddler's Creek Phase 3, Unit One Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~ohn R. ~ouldsQdrth,- Engineer Engineering Review REVIEWED BY: Engineering Review Director, County Engineer Date APPROVED BY: Joseph ~ ~itt,~~dn{inistzzatOr Communi~Development & Environmental Services JUN 2 5 2002 EXECUTIVlZ SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA SOUTH GOLF COURSE PHASE FOUR" OBJECTIvE: TO approve for recording the final plat of Mediterra South Golf Course Phase Four, a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final olat of "Mediterra South Golf Course Phase Four" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. :here are no subdivision related improvements associated ' ~ ...... olat. _n_~ Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. Engineering Review Section recommends that the final plat of "Mediterra South Golf Course Phase Four" be ~pproved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees The Impact Fees for the golf course have previously been paid. GROWTH M~NAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues JUN 2 5 2002 Executive Sumraary Mediterra South Golf Course Phase Four Page o .STORICAL / Ai~CHEOLOGICA3~ ISSUES: =~-R~oglcal issues There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLA1TNING SERVICES STAFF RECO~ENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra South Golf Course Phase Four" with the following stipulations: Authorize the recording of the Final Plat of "Mediterra South ,Golf Course Phase Four." PREPARED BY: 3~b[n R. Houldsworth, Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer D~te' APPROVED BY: CJ~Puy~ ~' S~yD hvTiant/t~ ~nC~v~l~onmei~trnatt~ Svcs. JUN 2 § 21 2 EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT TO COMPROMISE LIEN IMPOSED IN CODE ENFORCEMENT CASE ENTITLED COLLIER COUNTY v. JUAN & VERONICA BARNHART, CEB Case No. 99-030. OBJECTIVE: That the Board of County Commissioners approve the proposed Settlement Agreement with Juan and Veronica Bamhart for $20,000 and compromise $26,288 of the lien .with the commitment from the Barnharts to invest those funds in improving other properties owned in the Community. CONSIDERATION.'. The CEB entered its initial order on April 12, 1999, finding a violation for re-installing two mobile homes and maintaining nine mobile homes without permits and ordering compliance by May 27, 1999. Compliance consisted of obtaining a Site Improvement Plan, building permits and a Certificate of Occupancy for the mobile homes by that date, or less than 6 weeks. On June 9, 1999, the CEB entered its Order Imposing Fine/Lien at $250 per day commencing on May 28, 1999. The Bamharts did submit a Site Improvement Plan on October 2, 1999, and obtained approval on October 29, 1999. Complete compliance was obtained on September 13, 2001, when a final certificate of occupancy was obtained. As of that date, the lien amounted to over $200,000. On February 28, 2002, the Bamharts requested a reduction/waiver of fines from the Code Enforcement Board. After considering the Bamharts' request, the Code Enforcement Board reduced the fines to $46,288. The Barnharts did pay $5,000 in fines so the remaining balance on the outstanding lien is $41,288. On April 24, 2002, the County Attorney's office received a proposal from the legal counsel for the Barnharts offering payment of an additional $15,000 to resolve the County's threatened foreclosure litigation. As part of the proposal, the Barnharts have committed to expending a minimum of $26,288 in improving other properties they own in the Immokalee area in order to provide safe and affordable housing for local residents. The terms and conditions of this proposal have been memorialized in a proposed Settlement Agreement, which is attached hereto as Exhibit A. In considering this offer, staff has weighed the costs to be incurred by the County in initiating and prosecuting foreclosure of the lien, the likelihood of obtaining a foreclosure judgment given the relative strengths and weaknesses of each party's position and the costs to the County in removing the current tenants and disposing of the property in the event it obtains title to the property at foreclosure sale. In addition, staff considered the costs expended by the Barnharts in improving the property and obtaining compliance with the CEB order as well as the fact that the project is now providing some much needed safe and affordable housing for the community and the Bamharts' commitment to improve the condition of other properties within this community. In light of the foregoing, staff is recommending acceptance of the proposed offer the proposed Settlement Agreement. JUN 2 5 2002 FISCAL IMPACT_.' Payment to the County in the total amount of Fifteen Thousand Dollars ($15,000.00), to be paid in full within 60 days of execution of the proposed Settlement Agreement and deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT~.' None. RECOMMENDATION.:.. That the Board of County Commissioners: 1. Approve the terms and conditions set forth in the Settlement Agreement, which provide for payment to the County of $15,000 in fines and the compromise of $26,288 worth of fines by the County; and 2. Authorize its Chairman to execute the original Settlement Agreement; and 3. Direct staff to take all steps necessary to ensure performance of both parties pursuant to the terms of the Settlement Agreement, including recording of satisfactions; and 4. Authorize the Chairman to execute the Satisfaction of Lien upon submittal by staff. SUBMITYED REVIEWED APPROVED BY: ~lSc~helle Edwards Arnold, Director Code Enforcement Department ~/~~ ~~~ Date: BY:'-~/EI~n Chadwell, Assistant County Attorney County Attorney's Office ~~~t .Date: or Cmmunity Development & Environmental Services Division SETTLEMENT AGREEMENT THIS SETrI~EMENT AGREEMENT ("Agreement") is entered into and made on this ~ day of June, 2002, by and between Collier County (the "County") and Veronica and Juan Barnhart ("Property Owner"), with respect to Code Enforcement Board (the "CEB") Case No. 99-030. WITNESSETH: WHEREAS, the County has perfected a code enforcement lien arising out of the Order Imposing Fine/Lien, dated June 9, 1999 and recorded at OR Book 2601 Page 2649, et seq., against certain property owned by the Property Owner in Collier County, Florida, with an address of 3007 Alamo Drive, Immokalee, Florida, and more particularly described as Section 5, Township 47, Range 29, Parcel 33.002, Folio No. 001292720009 (the "Property"); WHEREAS, on September 12, 2001, the Property Owner fully abated the violations which were the subject of CEB Case No. 99-030; WHEREAS, the Property Owner requested a reduction/waiver of the fine and, on March 5, 2002, the CEB entered an Order reducing the fine to the amount of $46,288.00; WHEREAS, the Property Owner has to date paid to the County the sum of $5,000.00; WHEREAS, the Property Owner has offered to pay an additional $15,000.00 in full settlement of threatened foreclosure litigation and has requested that the Board of County Commissioners waive the remaining $26,288.00 of the fine; WHEREAS, the Property Owner has agreed to expend funds exceeding $26,288.00 for site improvements to other properties owned by the Property Owner in the immediate vicinity of the Property in Immokalee; nc.,re.~A ~ JUN 2 5 2002 WHEREAS, the County desires to compromise the amount of the outstanding lien in exchange for the Property Owner improving the appearance of other properties in the Immokalee area as part of the Immokalee Initiative; WHEREAS, the Parties to this Agreement recognize that it is in their best interests to settle this matter in lieu of foreclosure litigation and to agree to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by the Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: 1. The Parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The Property Owner shall pay within 60 days of the effective date of this Agreement the amount of $15,000.00, made payable to the Board of County Commissioners. 3. The Property Owner agrees to perform improvements to the properties located at 3001 Alamo Drive and 421 Taylor Street, including, but not limited to, concrete walkways, landscape buffers and asphalt tenant parking spaces. Such site improvements shall serve to improve the general condition and appearance of the properties and to improve the aesthetic impact of these properties on surrounding properties. Such improvements shall be in substantial conformity with those improvements depicted in Site Improvement Plan 99-047, as well as those improvements actually constructed at the Property. The Property Owner agrees to submit a site improvement plan for both the aforementioned properties, to obtain approval from AGENDA ITEM J UN 2 5 2002 the County for such plans and to perform and complete the proposed site improvements within 18 months of the effective date of this Agreement. 4. This Agreement constitutes the entire agreement between the Property Owner and the County. No other agreements, oral or written, exist between the Parties relating to any of the matters covered by this Agreement or any matter whatsoever. 5. The Property Owner expressly agrees that the County may proceed to enforce its Code Enforcement Lien through foreclosure in the event the Property Owner fails to comply with the provisions of Paragraph 2 of this Agreement. The Property Owner further agrees that if the County initiates foreclosure in accordance with this paragraph, the Property Owner shall be deemed to have waived all substantive, non-procedural defenses to the foreclosure other than payment of the lien. 6. The County shall execute and record a satisfaction of lien within 45 days of receiving payment in accordance with Paragraph 2 of this Agreement or County approval of a site improvement plan for 3001 Alamo Drive, whichever occurs later. 7. The Parties acknowledge and agree that, until a satisfaction of lien is recorded in accordance with Paragraph 6 above, entering into this Agreement shall in no way impair or compromise the validity of the code enforcement lien currently pending against the Property or the County's statutory authority to foreclose it. 8. This Agreement shall be governed by the laws of the State of Florida. This Agreement may be modified only with the mutual consent of the Parties, as evidenced by written document executed in the same formality as this Agreement. 9. The effective date of this Agreement shall be the date of the last signature obtained below. JUN 2 5 2002 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement consisting of pages on the dates written below. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, Chairman Date: Witness Witness Witness Witness Date: Date: Veronica Barnhart Juan Barnhart J U N 2 5 2002 EXECUTIVE SUMMARY RESOLUTION TO EXTEND THE TERM OF THE GOLDEN GATE AREA MASTER PLAN RESTUDY COMMITTEE THROUGH JUNE 26, 2003 AND REAPPOINT MEMBERS OBJECTIVE: To reappoint members to the Golden Gate Area Master Plan Restudy Committee and extend the committee for one year, expiring on June 26, 2003. CONSIDERATIONS:, The Board of County Commissioners adopted Resolution No. 2001;90, establishing the Golden Gate Area Master Plan (GGAMP) Restudy Committee for a period of one year expiring on June 26, 2002. The purpose of the committee is to oversee a comprehensive restudy of the Golden Gate Area Master Plan. The GGAMP Restudy Committee is in the process of preparing and evaluating proposed land use amendments in the areas of commercial and conditional uses to the GGAMP for the 2002-2003 Comprehensive Plan Amendment cycle to begin in October 2002. Additionally, the GGAMP Restudy Committee will be evaluating any additional policy implications and impacts for the Golden Gate Area as a result of the policy changes contained in the Rural Fringe Assessment amendments to the Comprehensive Plan. In order for the Golden Gate Area Master Plan Restudy Committee to continue oversight of the restudy of the Golden Gate Area Master Plan, it is necessary to extend the committee through June 26, 2003. The membership of the Golden Gate Area Master Plan Restudy Committee is as follows: MEMBERS: Karen Acquard Robert Ducharme Linda Hartman Don Peterson Douglas Rankin Mark Strain Kris Thoemke Russel Tuff Ann Ward James Streeter Civic Leader Business Civic Leader Golden Gate Fire Control District Attorney Developer/Planner Environmental Leader Business Civic Leader Law Enforcement FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE AGENDA I'~ JUN 2 5 2002 RECOMMENDATION: That the Board of County Commissioners approve the attached resolution for the extension of the committee and reappoint members to the Golden Gate Area Master Plan Restudy Committee. PREPARED BY: AMY T~A ~OR, ~~, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: COMPREHENSIVE PLANNING MANAGER REVIEWED BY: UsAN M , CTOP. PLANNING SERVICES DEPARTMENT APPROVED BY: O E~, ADMINISTRATOR DATE May 31, 2002 DATE DATE DATE JUN 2 5 2002 1 2 3 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~-' 24 _'5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 47 48 49 31 52 53 54 55 56 RESOLUTION NO. 2002- A RESOLUTION EXTEND THE TERM OF THE GOLDEN GATE AREA f4ASTER PLAN RESTUDY COIVlMlll'EE WHEREAS, the Board of County Commissioners adopted Resolution No. 2001-90 creating the Golden Gate Area Master Plan Restudy Committee as an ad hoc Committee whose term would expire within a year; and WI-IEREAS, the purpose of creation of the Committee is to assist staff in its restudy of the Golden Gate Area Master Plan; and WHEREAS, the Committee has not completed the restudy and wishes to extend its term for one year. NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLl./ER COUNTY, FLOR[DA, that: 1. The term of the Golden Gate Area Master Plan Restudy Committee is hereby extended until 3une 26, 2003, or until the Committee concludes its services to the Board of County Commissioners, whichever occurs first. 2. The following is a list of members whose terms shall expire as set forth above. MEMBER CATEGORY Karen Acquard Robert Ducharme Linda Hartman Don Peterson Douglas L. Rankin Mark Strain Kris W. Thoemke Russell Tuff Ann Ward _]ames Streeter This Resolution adopted this second and majodty vote. Civic Leader Business Civic Leader Golden Gate Fire Control District Attorney Developer/Planner Environmentalist Business Civic Leader Law Enforcement day of ,2002 after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .lAMES N. COLLEI-FA, Chairman Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn:h;public;kay;resolutions ITEM JUN 2 5 2002 EXECUTIVE SUMMARY RATIFY EMERGENCY PURCHASE ORDER # Z02-008 ISSUED TO NAPLES DOCK & MARINE SERVICES IN THE AMOUNT OF $22,000 IN ORDER FOR THE COUNTY TO UTILIZE GRANT FUNDS FOR DERELICT VESSEL REMOVAL. OBJECTIVE: To preserve and enhance the waterways and estuaries of Collier County through the removal of derelict vessels. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission initially offered Collier County an $11,000 grant for FY 01/02. The FWCC Law Enforcement has documented 23 derelict vessels in the waters of Collier County. The award amount was not enough to remove all of these vessels. The State has offered the County an additional $35,000 (a total of $46,000) in grant funds with the stipulation that all of the work needs to be completed by May 21st. The additional amount was approved by the BCC on 3/26/02 and signed by the FWCC on 4/12/02. The new amount exceeds the quotation limit of $25,000. The time required for a formal bid is approximately 4 weeks and will not allow time for completion of the project. In order to meet that time frame, a Purchase Order would have had to be issued before the next available BCC meeting (5/14). Hence, it was not possible to get BCC approval to waive formal bidding and authorize the 46k prior to the need to commence the work to meet the 5/21 deadline. Pursuant to section XX of the Purchasing Policy an emergency purchase order (#Z02-008) in the amount of $22,000 ($46,000 less the current $24,000 purchase order) was authorized by the County Manager on May 2, 2002 with the emergency action now being reported subsequently to the Board of County Commissioners. FISCAL IMPACT: Staff has already processed a budget amendment for $46,000 into the derelict vessel cost center after approval of the initial agreement. This is a 100% reimbursement grant and no matching funds are required. No further budget amendments are necessary GROWTH MANAGEMENT IMPACT: The grant money will support Objective 6.6, 6.7 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC ratify Emergency Purchase Order (#Z02-008) in the amount of $22,000 issued to N~aples Dock & Marine Services. REVIEWED By~°U~~t~~7°nmental ~aP~tila li~ "/) ~-D. Lorenz~'r.-P,E.,~3T~recto[, Natural Reso~ces ~V~DBY: ~~ ~t ~/~ Date: ~-t~ Stev;~ll, D'e~torZu~g ~ep~ment' ~PRO.DBY: ~~~ Date: ~J~ Jos p K. Sc itt ES Aa nistrator C~nity Development & Environmental Services JUN 2 5 2002 E~C~IVE SUMM~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SIERRA MEADOWS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND M~INTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Sierra Meadows", a subdivision of lands located in Section 22 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sierra Meadows" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the to~al cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior ~o the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Sierra Meadows" be approved for recording. This Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The project cost is $1,727,304.76 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 317,400.00 - $1,409,904.76 The Security amount, equal to 110% of the project cost, is $1,900,035.24 2002 Executive Summary Sierra Meadows Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $31,553.36 Fees are based on a construction estimate of $1,409,904.76 and were paid in April, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)$ 955.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) $ Drainage, Paving, Grading (.42% const, est.)$ c) Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.3% const, est.) GROWTH M~NAGEMENT IMPACT: 1587.00 5921.60 4761.00 S18,328.76 The Concurrenc~ Waiver and Release relating to conditional approval has been reviewed and approved by The County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are There are no outstanding environmental no historical or archeological impacts F2~C RECO~R4ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Sierra Meadows" for recording with the following stipulations: Approve the amount of $1,900,035.24 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 2 § 2002 Executive Summary Sierra Meadows Page 3 Approve nhe standard Agreement, and form Construcnion and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. H-ouldsw~rth,"Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Jose r Con~n~ty Development & Environmental Services [~at~ JUN 2 § ~002 Sheet 1 of 2 AVESMT2002-AR2225 EXECUTIVE sUMMARY PETITION AVESMT2002-AR2228 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PARCEL OF LAND CoNVE~D TO COLLIER COUNTY AS A CONSERVATION EASEMENT AND RECORDED IN OFFICIAL RECORD BOOK 1973, PAGES 1866 THROUGH 1870, pUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 4, TOWNSHIP 50 sOUTH, RANGE 26 EAST. ~OBJECT~: To adopt a Resolution to vacate the Conservation Easement conveyed to Collier County by seperate instrument and recorded in Official Record Book 1973, Pages 1866 through 1870. has been received by the CONSiDERATiO~N~S:' eetitio~ AVESMLv~o0n2-pA~E. ~oSm Davidson Engineering, Inc., as ~ngineering Services tJepartment from Jeff Da , · agent for the petitioner, New Hope Ministries, Inc., requesting the vacation of the Conservation Easement that was conveyed to Collier County by seperate instrument. The Conservation Easement was established for the purpose of providing a Red-Cockaded Woodpecker Protection Plan. During the site plan approval process in 1993, New Hope Ministries had the option of having an on-site protection plan or an off-site mitigation protection plan. The former was decided upon and the Conservation Easement was established on the Petitioner's property. The Petitioner now wants to expand the improvements on the property and therefor wants to vacate the existing Conservation Easement on the subject property and provide an off-site Red- Cockaded Woodpecker Mitigation Plan. The off-site Mitigation Plan will consist of a fifteen acre parcel of land to be located in a Red-Cockaded Woodpecker habitat in the Belle Meade area and title to this parcel will be transfered to the State of Florida. Letters of approval have been d Wildlife Service and Florida Fish and Wildlife · --~ ~'-m United States Fish an -. · ,'---:~o~ has no objection to the ~ce~veu .:-_,,_ r'~.,-,,-,,ission Collier County l-t .a~..ng, ~.~_~v..,,~o F. xecutlve Summary was L;onscrvauon · · · Conditional u~. s,,~o ~ . .... ervation Easement vacation, zom. n. g ~s ~..,,, t~,~ ~..,~ hx~ Roxt derson m Public Utdities Coils _ - .-.___ t-'_~.,-;o in ransoortallon on v-z~-w/, oa~u ..j ---~ Ali approvea oy ~.~r~ uo~ ..... T ~ on 5-03-02. ~ISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner ~hich covers the County's cost of recording and processing the JUN 2 5 2002 Sheet 2 of 2 AVESMT2002-AR2228 GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR2228 for the vacation of the Conservation Easement recorded by seperate instrument; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director DATE: ~ - d"-,~,~ J6selfih K. Schmil~, Administrator unity Development & Environmental Services DATE: JUN 2 5 2002 1 2 3 4 6 7 8 9 10 11 12 13 15 RESOLUTION NO. 2002- RESOLLFrION FOR PETITION AVESMT2002-AR2228 TO DISCLAIM, RENOUNCE AND VACATE TI~ COUNTY'S AND THE PUBLIC'S INTEREST llq A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A CONSERVATION EASEMENT AND RECORDED l]q OFFICIAL RECORD BOOK 1973, PAGES 1866 THROUGH 1870, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED 1~ SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Jeff David,son, P.E. from 16 Davidson Engineering, Inc., as agent for the petitioner, New Hope Ministries, Inc., requests the 17 vacation of the Conservation Easement that was conveyed to Collier County and recorded in 18 Official Record Book 1793, Pages 1866 through 1870, Public records of Collier County, Florida; 19 and 20 21 WHEREAS, the Board has this day held a public hearing to consider vacating the 22 Conservation Easement that was conveyed to Collier County and recorded in Official Record Book 23 1973, Pages 1866 through 1870, as more fully described below, and notice of said public hearing to 24 vacate was given as required by law; and 25 26 WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of 27 convenient access of other property owners. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN2~ COM]VIISSIONERS 30 OF COLLIER COUNTY, FLORIDA, that the following described Conservation Easement be and is 31 hereby vacated, being more particularly described as set forth in: 32 33 See Exhibit "A" attached hereto and incorporated herein. 2002 34 BE 1T FURTHER RESOLVED, that the Clerk to the Board is here, by directed to record a 35 certified copy of this Resolution in the Official Records of Collier County, Florida- 36 37 This Resolution is adopted this 38 Mter motion, second ~md majority vote favoring ~tme. 39 41 42 DATED: 43 ATTEST: 44 DWIGHT E. BROCK, Clerk 45 46 47 48 49 Deputy Clerk 50 51 52 53 54 55 56 57 Approved as to form and legal 58 sufficiency: 60 61 62 63 Patrick G. White, Esq. 64 Assistant County Attorney day of .., 2002, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman ITEM JUN 2 5 2002 JUN252002 I THE Attachment "C' ORIGINAL PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN PUBLIC RECORDS (OTHER THAN ON A SUBDMSION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: /~ m~,~-t~ ,-% ~'~ Petition #: ~V~.-r- ~,~ -/:~E- ~.Z,t:~ Petitioner (Owner): New Hope Ministries Address: 7675 Davis Blvd. City/State: Naples, FL Telephone: 941-348-0122 Zip Code: 34104 Agent: Jeff L. Davidson, P.E., Davidson Engineering, Inc. Address: 2154 Trade Center Way, Suite 3 City/State: Naples, FL Telephone: 94 !-597-3916 Zip Code: 34109 Location of Subject Property: Location: Section 4 Official Record Book. Legal Description: Reason for Request: 7675 Davis Blvd. I hereby . __ present me for this petition: Signature of P~etitioner Print Name - Township 50S Range 26E Page (s)~Current Zoning: ~6E. Does this affect density?. West ½ of the SE % of the SW % of Section 4, Township 50S, Range 26E, Parcel 3 Vacate existing County Conservation Easement [] Yes [] No Date (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (2) (3) (4) Attachment "C" Page 3 of 3 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. ~ ]~9~ ~ List all other owners. JUN 2 5 2002 JUN 2 5 2002 - ~.~ i® JUN 2 5 2002 Feb-11-O2_.O1:12P New Hope Ministries 941 348 0131 _. P.02.. 00t539 00029~ tl392893 I!113111 22 m~38 OR BOOK PAGE COLLIER COUNTY RECORDED : amn ~ authority to ~ ~ en~, m~ ~~aL ~o~, O~'IuK , ~a ~w ~ o~E', wh~ p~ ~e ad~ is: 7~ Dm~ BI~. Na~, ~ 33942 of ~c Co~ of ~cr, S~te of R~da; ~~ t~t ~ Gr~or, for a~ ~ ~d~o of ac l~ of ~ ~ (S~.~), g~ add ~k ~ratlo~ to ~d Gram~ ~ ~d paid ~ ~ Ga~cc, lhe r~i~ wh~ ~ hereby a~o~cdg~. ~ ~tcd, b~t~M ~d sold W ~c s~ G~tcc, ~d Gr~tcc's hc~ and ~i~ f~, ~c W~ ~c-~ (1/2) of thc Wcsi ~c-~ (1/2) of t~ ~ oDe-queer (1/4) of the Southw~[ queer (1/4) of ~on 4, T~p ~ SouLk Rsqc ~ ~, ~ ~c ~uth ?~ f~L for pur~ of road ~ht- of-~y, to~h~ ~h 1~ oik ~ and mmcr~ ~5 to ~id pro.ny. Thc pro~ hcrcin is not ~hc hom~l~d of ~c Gr~tor~rusLcc. SUBJECT ALSO to taxes for thc yc~ 1990 and subsequent years, restrictions, reservations and easements of record, and zoning ordinances of Collier County, Florida. And said Grantor does hereby fully warrant the title to said land, and will defend thc same against the lawful claims of all persons whomsoever. IN WITNESS WI'-I~REOF, Grantor has hereunto act Grunter's ha~d and scat thc day and year first above written. Signed, sealed and delivered in thc presence of: STATE OF ~ a'~S'~/'d:~ }t/~' county o~ ~z~ e~ Robert S. Wemcr, Trustee Robert S. Weiner, Individually I HEREBY CERTIFY that on this day, before mc, an officer duly qualified to take acknowledgments, personally appeared ROBERT S. WEINER, Trustee, to me known to be the person(s) described in and who executed thc foregoing instrument and acknowledged befor~ mc that hc executed thc same. WITNE..%S my hand and offidal se. al in thc State and County la~ aforesaid tiffs / · " This imtrumcnt pr~parcd by:. Mark J. Woodward, F_.~ulre ~teceived $ ' / ~4~' ~'~ .OocurnentlrY StAmp ~'ax Woodward & Woodward, P.A. . ,./~ C~ess "C" Intal~gible 801 Lau~cl Oak Drive, Suite 640 Recesved $ _~~rsonal ,,,~e. T.. i Naples, FL 33c~3 COLLI~R_~I~NTY C~ER~F ~:~ lt~T~; JUN 2 5 2002 Feb-ll-O2 Ol:12P New Hope M4~ist?~es 941 348 O131 001539 000286 01392888 IIll del 22 PR 12:38 OR BOOK Page COLLIER COUNTY RECOROEO arranbj It)ted PRM ~ ' · · ' r,^~i'~C~THERINE GEARY, Husband and Wi~e, G~NT/~-*, an~" . IN~--- NEW HOPE MINISTRIES INCO~O~D, a Florida Not-For-Profit Corporation ~ G~E', whose post o~ addt~ is: 7500 Davis Blvd., Naples, FL 33942 ~ ~a of the Coumy of Collier Slate of Florida, ~S~, ~at the Grantor, for ~d in ~id~ra~on of ~e s~ of ~N ~L~RS (S~.~). ~d g~ ~d v~uablc ~derafions ~o said G~tor in h~4 paid by s~d Grit:c, ~e r~i~ wh:r~f h a~l~8td, ~ ~ant~ barg~ned and ~1d io ~hc ~d Gra.l~, ~d G~nte:'s he~s and ass~ forev~, the foBo~g d~i~ l~d, s~tuat:, ]~ and ~ in th~ Co~ty of ~:r, S~[: of ~or~da, to w~t: ~e ~st ont-~lg (1/2) of ~h: W~[ oa:-h~ (1/2) of ~t Sou~e~ oat-quoter (~/4) of the Southwest qu~t~ (1/4) of Section 4, To~s~p ~ South, R~ge ~ Eas~ 1~ the South 75 f~l for pur~s~ of road of-way, together ~ 1~% oil, g~ ~d mi.:r~ r~ to ~d ~o~rty. SUBSECT ALSO to taxes for thc year 1990 and subsequent yc~'s, re.s~'iction.% reservations and ea.scmcnts of record, and zoning ordinances of Collier Cou-~,, Florida. And said Grantor does hereby fully warrant the title to said [and, and will def,'nd the same agains~ thc lawful claims of ail persons whomsoever. II'; WITNESS WHEREOF, Grantor has hereunto scl Oran£or's haod and seal thc day and year first above writtcn. Signed, s~alcd and dcllvercd in thc presence of: Joseph E. G~ ~~ Catherine Geary STATE OF NEW YORK COUNTY OF MONROE ! I-FEREBY CERTIFY that on this day, I:~Iorc mc, ~m officer duly qualified to take acknowledgments, p~sonally app;ared JOSEPH E. G~RY and ~ERI~ G~RY, H~band be ~ ~rson(s) d:s~ib~d ~ ~d who ~ted the foregoing inarum~nl and acknowl:dg:d ~for~ mc Ihat they excited thc ~c.  ~nd ~d om~m seal m ~c State add Co~ty l~t ~or~d day of . ,1~- ~y Con.son ~ ~~~~-. This instrument prepared by: Mark J. Woodward, Esquire Woodward & Woodward, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 33963 Telephone: (8!3) 566-3131 (SEAL) P. eceive.~ $ JUN 2 5 2O02 jan-15-02 01:52P New Hope Ministries COLLIF-R COUNTY CONSERVATION EASE T~S GR.A.,NT OF CONSERVATION EASE1V2 Flor~ Not-Fo~-Pr~fit Corporation, Chercinaf~cr Oran~ political subdivision of the State of Florida, (hereinafter WlTNESSETH 941 348 0131 }G-h v ECOBDEO ~NT ENT is made this ,-~"~ day 5W HOPE ,MINISTRIES, INC., a or") md COLLIER COUNTY, a "Grantee") WHEREAS, Grantor is the owner of certain rea~l property located in Collier County. Florida, wi'rich is sometimes referred to as: I The West 1/2 of the Southeast 1/4 of the Southwest 1/4, ess the southerly 75 feet Collier right-of-way, Section 4, Township 50 South, Ring~East, County, Florida; · gZ~ and the Grantor desires to develop the real proRerty, and WHEKEAS, part of that proposed prop,,erty described on Exhibit "A" attached hereto (hereinafter referred to as the "Property') is presently urfimproved, and includes lands predominantly in their natural, scenic, open or wcmded condition as suitable habitat for endemic plants, trees, fauna, and wildlife; and NOW THEREFORE, Grantor grants and convery, s an ease. ment in. a.nd to the Exhibit A property which shall have the scope and be sgbject to the restncuons ann coven~.nts that follow: t SCOPE OF .EASEMENT ~ I This easement conveys to the Grantee a perpetulal interest in the Property, ' ye covenants on the part of the consisting of the following affirmative and nega~ Grantor tnd Grantee, their su,ccessors and assig No construction or phasing of buildings, advertising, utilities or other structures c the ground on the Properly shall be roads, signs, billboards or other f any kind whatsoever on or above -taken without the prior written consent of thc Grantee No dum~in~ or ~Iscin~ nf or lgcin oftr~h, waste or unsightly or o e ' p g ..... ,----'~-: -.'-~-'4'.-~-. P.02 go tion of native trees,[shrub% or other vegetation on No removal or destruoc ~,_ .... ,,,~.~ t tot ~n~ ,~-'"'-- ~f ' ' the Property, excep -.-- mltioatlon required in any restorauou ~ ' se except for purpose,s that p!rrr?.t the land Or water area to be No surface ti , .... · ~,-ndiuon on mc t-roperty. predominantly tn its na~u~ ~v ' . .. - . rains e, flo~ control, watei manag,ement, ater conservation, water qu~m,y, ,,,-,- o , ~r w ildllfe habitat preservation of the Pro ,erty, No acts or uses detrimental to such retch ion of land or ~vater areas on the property. AJI re-invading exotic vegetation shall be .emovcd on san. annua! basis by tho Oranior, or its su¢¢¢$sos and assigns2 ' x dredging, <~r removal oi'loam, peat, ~avel There shall be no e×¢avaUO ~ soil, rock or other material substance in {uch manner as to affect the Property described here~n. Notwlthstand{ng any other provisions of this may grant an easement for drainage and/or ware rument, the Gyantor or Ga-antee management purposes over all or part of the Property and pursuant thereto, const ~¢t and maintain the drainage facilities all in accordance with Sotith Florida ~ tter Management District Permit bio. 11-01174-$,,. Furthem~ore, the mainteaance necessary.for the drainage facility shall be performed by the Grantor or its ;uccessors and assigns. In the event of violation of any covenant contai the Cnantee shall be entitled to pursue all availa including injunction. In the event it is detent., ed by Florida Game this area ts no longer vmble red cockaded .woo( be extinguished. ned in tiffs conservation easement, ~le legal and equitable remedies, Water Fish comn~ssi°n that tpecker hab~tati this easement writ In Witness Whereof, Orantor and Grantee hav~ hereunto set their hands a_nd seals the day and year first above written, t , J%IN 2 5 2002 - p,._l _ A i~ofida Nm-for-Profit Corpormion 0 (S~nmm NOTAI~Y JUN 2 5 2002 83/18/2882 14:51 5975195 DAVIDEI]N E],~I~ING PAGE 83/83 COUNTY. ~ MOl~ pARll~JLARt.Y i:)E~::RIBk--D ~ RUN NORTH ~'01'15" FAST 1.319..7~ FF%'T ALONG 1HE SOUTH UNE OF SAID SECTION: THENCE NORIH 01'00'39' MIST 135.00 FEET UNE; THENCE NORTH 88~2'41" FAST ~57.21 FEET ALONG THE; SOUTHWEST 1/4 OF SAID SECTiOI~, 'tl*E~ICE SOU'ITI 89'01 15 NORTH 8~'01'15' EAST 57..&,58 FEET;, ~.IENCE NORTH vII[ST 589.89 FEET TO A POINT ON A CIRCULAR CURVE;THENCE 57.82 FEET AL.O~ THE AR~ OF ;AID ORO, A.AR CtmVE CO~CAV~: TO THE NORTHERLY, RADIUS 65.00 FEET, CHORD 55.93 FE~T, CHORD BEARING NORTH 65'44'2~" ',VEST;, THEHCE NORTH aS'03'2~' WEST 100.59 ?~'02'15 ~ 17.87 FEET;, 'IH~ NORTH 00'5~,I.5' WEST W~:ST 121.91 FEET: 11.EN~ SOVTH 00'08'12" ~ 119.09 FEET; 88'59'2~' ~ 165.60 FEET;. 1%tENCE SOUTH 01'00'3e' EAST. ?,,~4,?Z FgET;. THE],~'E SOUTH ~.'m'~5' W~ST 30.00 FggT TO 'mE CONTA~UNG 8.3, AORE~ MORE OR LESS, N01~ I~..~ASE: SEE SHEET 2 OF 2 F~R SKETCH OF DESC/~11(~ ~4EZ'T I ~F ~ 3U N 2 5 2002 03/~@/2002 ~4:5~ 5975195 DAVIDSON EN~I,,EERIN~ PA~E 02/03 ~--~,,~~ ~ .H ~.'?Z.:'° 1 T': s ,:. - mom ~ I I~.WILKISON & JUN 2 5 2002 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2001 Tax Roll Inquiry System OWNER INFORMATION Name:IINEW HOPE MINISTRIES INC PROPERTY INFORMATION I ~'~"l:llooa**rsooos II ^~e:lla"'ss Address:Il7675 DAVIS BLVO Address:il Address:Il J Address:il i Address:JJNAPLES, FL $4104-S312 VALUEIEXEMPTIONS i TAX INFORMATION Taxble Value:JJo Milla lie Code:lJ2es Homestd Ex'Ilo Agricltr Ex:II0 W, dow Ex:II0 county:,][O.OO School st:J[0.00 so, ool Ioc:J[o.0o city Ta×:][0.00 Water:II0'00 I I J Loc:JJ?e?S DAVIS BLVD I ~-e.'Hl" 5o 2,, W~ OF SE OF SW LESS ~ISLYTSFT PAY TERMS PAYMENT INFO Nov:]lO.oo Paid ~t :11oo/oo/oo Oec:]IO.O0 Jan:Il0.00 Mar:,llo.o0 Recpt:ll° Mao,:liOO Paymt:l[o.oo uo~:lJo Blind Ex:Ii0 Disabled:ilo Veteran Ex:Ilo ~o,,y Ex:llao24--s Civilian Ex:ilo I Dependt:llo.o0 I Apr:llo.oo Irldepend:]J0.00 J Voter Appr:jJ0.00 Gross Tax:J[O.O0 Appr fee:HO,OO J Advertising:j j0.00 May,:,I~0.°° I STATUS INFO. Non Ad va:liN I lnsta,ment:JJN Deferred:liN i Bankrupt::i[N COMMENTS Last Updated: 2/5/2002 5:00pm :.Next Record >~ http://x~,'w, coiliermx.com/RecordDetail .asp?FoliolD=00399760006 JUN 2 5 2002 Rpr United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20e' Street Veto Beach, Florida 32960 Janunry 3, 2002 Paul K. Owen W. Dexter Bender & Associates, Inc. 2052 Virginia Avenue Fort Meyers, Florida 33901 Dear Mr. Owen: Thank you for your December 28, 2001, request for Fish and Wildlife Sea, ice (Service) concurrence with proposed modifications to New Hope Ministries Red-Cockaded Woodpecker Protection Plan. We have reviewed the information you provided as well as kisroric information in our files on this project. After discussing the proposed modifications with Florida Fish and Wildlife Conservation Commission stuff, we conclude that the proposed modifications are consistent with the conservation needs of red-cockaded woodpeckers. Thus, the Service does not object to the acquisition of an off-site conservation parcel in exchange for the on-site conservation parcel that is currently unoccupied by red-cockaded woodpeckers. We understand that all protective measures currently in place for the on-site preserve will be abandoned in favor of the newly acquired off-site conservation parcel. If you have questions about this response, please contact Mike Jennings of my staff at (561) 562-3909, extension 225. Sincerely yours, James J. Slack Field Supervisor South Florida Ecological Services Office 2002 Rpr 01 02 04: LORIDA FISH DEX BEMDER AND /'ILDLIFE JUl. Il'; K. MORRIS Il^VID K. MI'~,I{I IAN CONSERVATION II.A. "1 II?oRKS" I IUFFMAN COMMISSION OI IN D. ~ P~'t~L~q4 QUINT[)N L. I IEDGI".IHrH-[. DDS Miami I .AN L. ZI'OR J. I Il:Al .lacksonvilh.' I:;DWIN P. ROB1;RTS, DC pc~¢ola December 24, 2001 ROI)NI"-¥ BARR r..'TO M~mi Mr. Paul K. Owen W. Dexter Bender & Associates, Inc. 2052 Virginia Avenue Fort Myers, Flor/da 33901 Re: Collier County, New Hope Ministries, Revised Red-Cockaded Woodpecker Mitigation Plan Dear Mr. Owen: By copy of this letter, the Office of Environmental Services of the Florida Fish and Wildlife Conservation Commission is providing written approval of the Revised New Hope Ministries Red-Cockaded Woodpecker Protection Plan, dated November 8, 2001. We recommend that implementation of and compliance with this plan be included as a special condition of all land conversion and wetland permits, including the South Florida Water Management District permit for which you have submitted an application. Please direct copies of all future milestone documents, including demonstration of the acquisition of the hand m,d title transfer to the State of Florida, and agreement for management of the 15 acres off-site mitigation parcel by the Division of Forestry, to our Tallahassee office and our Punts Gorda office. Please contact me, or Mr. Jim Beev~ in the Punts Gorda office at (941) 575- 5765, if you have any questions. Sincerely, Bradley J. Hartman, Director Office of Environmental Services SJH/jwb ENV 1-12-2 ncwhopcministricswmd.w;xt AGF. HDA ITEM JUN 2 5 2002 Map Output rage JUN 2 5 2002 http://gis.collierappraiser, corn/servlet/com.esri.esrimap-Esrimap?Serv _ Official Receipt- CDPR1103 - Official Receipt COllier cOunty` BOard of County Commissioners I Trans Number 320229 ~Date 3/8/2002 10:01:57 AM Post Date Payment Slip Nbr 3/8/2002 AR 2228 Appl Name: NEW HOPE MINISTRIES INC Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 7500 DAVIS BLVD NAPLES FL 34104-5309 Proj Name: NEW HOPE MINISTRIES CHURCH Type:CH TAZ: 130 Subdiv Nbr: 100 Project Nbr: 19992138 Payor' NEW HOPE Fee Information Fee Code I Description 12TRVC ~REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Total Amount Waived $1000.00 $1ooo.oo, Payment Code i CHECK i 30019 [Account/Check Number Payments Amount $1000.00 Memo: Total Cash $0.00 Total Non-Cash $1000.00 Total Paid [ $1000.00 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT ~A rr~ JUN 2 5 2002 EXECUTIVE SUMMARy APPROVE A BUDGET AMENDMENT TO TRANSFER $76,400 FROM FUND # t 13 RESERVES TO COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATION PERSONAL SERVICES. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow funds to be transferred from reserves to personnel services in Community Development and Environmental Services Fund 113. CONSIDERATION;. The Budget for FY01-02 for personal services did not properly recognize the CDES Business Manager, Administrative Secretary or the CDES Public Liason salaries and fringe benefits when prepared. FISCAL IMPACT: A budget amendment is required to recognize funds from reserves in the amount of $76,400 and will be appropriated in the Community Development and Environmental Services Adm~istration Cost Center. GROWTH MANAGEMENT IMPACT,:,, There is no growth management impact. RECOMMENDATION: That the BCC approve/authorize the necessary budget amendment to Community Development Reserves Fund #113. SUBMITTED BY: REVIEWED BY:. H. Denton Baker, Interim Director HUI or CDES/' / JUN 2 § 2002 EXECUTIVE SUMMARY APPROVAL OF AN IMPACT FEE REFUND REQUEST IN THE AMOUNT OF $51,780.00 OBJECTIVE: To obtain Board of County Commissioners approval of an Impact Fee refund request in the amount of $51,780.00. CONSIDERATIONS:. Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds for other than routine circumstances will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Many impact fee refunds are unavoidable during the course of a fiscal year. For example, oftentimes a builder is not able to complete a construction project subsequent to the issuance of a building permit and requests that the permit be cancelled. Such cancellations are often due to financing problems or other fiscal difficulties. These situations and the resulting impact fee refund requests would be considered routine. However, other situations, such as that described below, are not so clear-cut, thus, staff' has determined that Board action is merited to ensure that such refunds are lawfully remitted. Shelter for Abused Women, - On June 5, 2001 the Shelter for Abused Women applied for a building permit for a new shelter building. In the ensuing weeks, representatives of the Shelter contacted County staff to discuss options for seeking relief from all, or a part of, the impact fees to be assessed for the facility. The Shelter facility represents a very unusual land use in that it does not closely match the definition, as set forth by Section 74-108 of the Collier County Consolidated Impact Fee Ordinance (CIFO), of any particular land use classification in the various impact fee rate schedules. After a great deal of research, staff' found that, due to the unique nature of a domestic violence shelter, the development could be generally categorized as any of Residential (multi-family), Institutional (e.g., schools, churches and day care centers) or Medical (e.g., nursing homes and medical clinics). JUN 2 5 2002 Impact Fee Refund - SAWCC, Inc. Page 2 During the above discussions, staff decided on a course of action that would financially serve the best interests of both the County and the Shelter. Finding that a waiver for a charitable organization pursuant to Section 74-203.I. of the CIFO would be limited to $7,500, the Shelter representatives asked if the development might qualify for an affordable housing waiver or deferral. At that point, the Impact Fee Administration Section had already calculated the impact fees pursuant to Section 202.L of the CIFO, using the rates for the most closely descriptive Institutional classifications in the applicable impact fee rate schedules. These fees totaled $51,780. Staff explained that the development might qualify for an affordable housing six-year deferral, but to grant such a deferral staff would have to (1) carefully review the building permit application materials a second time to ensure that the development could be correctly re-classified as Residential Multi-family, (2) recalculate the impact fees, and (3) draft and coordinate through the County Manager's signature a deferral agreement. Either the above impact fees would have to be paid or the deferral agreement would have to be completed before the building permit could be issued. It was explained that, due to wOrkload considerations and the time required to accomplish the above tasks, completion of such an agreement would likely take more than two weeks. The Shelter was facing severe schedule and project budget pressures and explained that they could not wait that long before obtaining a building permit. Considering the Shelter's dilemma, staff recommended that the Shelter pay the previously calculated fees and obtain the building permit. Staff agreed to subsequently recalculate the impact fees, complete the deferral agreement and process an impact fee refund. The above tasks have now been accomplished except for completion of the impact fee refund. The recalculated impact fees for an eight-unit, Residential Multi-family development total $56,182.56, which is $4,402.56 more than the amount remitted prior to the issuance of the building permit. The $56,182.56 will be remitted to the County at the end of the term of the six-year deferral agreement, October 31, 2007. FISCAL IMPACTi, The recommended Impact Fee refund will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Two (E. Naples & Golden Gate City) EMS Impact Fees Correctional Facilities Impact Fees Sewer Impact Fees Total _ $20,400.00 $ 4,620.00 . $ 1,560.00 . $25,200.00 - $51,780.00 This refund will not adversely affect capital project funding. JUN 2 5 2002 , Impact Fee Refund - SAWCC, Inc. Page 3 FISCAL IMPACT {Cont.): Impact fees as summarized below will be remitted at the end of the term of the deferral agreement: Road Impact Fee District Two (E. Naples & Golden Gate City) - EMS Impact Fees Correctional Facilities (Jail) Impact Fees Parks Impact Fees Library Impact Fees ' Educational Facilities Impact Fees - Sewer Impact Fees Total - $14,400.00 $ 744.00 $ 943.84 $ 6,566.72 $ 1,712.00 $ 6,616.00 $56,182.56 Note: Water Impact Fees were paid to the City of Naples and Fire Impact Fees were paid to the East Naples Fire Control and Rescue District prior to, and as a condition of, the issuance of the building permit. These fees are neither included as part of the above refund nor the deferral agreement. GROWTH MANAGEMENT IMPACT:. Remittance of the requested Impact Fee refund will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approved the requested Impact Fee refund in the amount of $51,780.00; and that the Board approve any related budget amendments that may be required. SUBMITTED BY: REVIEWED BY: P~hi~Tin~~'/~x~ Date: ~//t~/~ ? · p ' dali, Impact Fee Coordinator ]~/~~ a Date: 6 -/0"6 '~'-- De~ny Baker, Business Manager/CDES APPROVED BY: /J/~seph K. S~mitt, Administrator .//Community Development & Environmental Services Division ,, JUN 2 5 2002 - ~. ~ 10/31/2001 10:3d 8808008888 31Octo~r2001 Mm., PhJil) R. T~(lal Nmpac~ Fee Coon~Jna! Collier County Govern 2800 North Horsesh~ Neple~, FL 34104 Dear Phil: ~ELTER ABUSED WOHEN P~ 81 helter for Abused Women .nd permit fee~ for c~r new $1~e~er I)uNding.. We ~ paying the impact fe~ totaling ~8,180 urmer promsr As one af 38 ¢mti~d ~,/~ stmlters m the maf Flork~, we are the .~... new construction m tl~ pest ~nm years trm~ nas not recewea suamam, m, shout 8.5 percent of U~ total impact fees we will be paying. Tl~t eermtnq/~s no; a ~ oortr~ ~ in light of the money our shelter and our serv,oes ~ve the county. It also is not ;r; ecluiml:ie distribution of the county's $100.000 total allocmtion for impact fee waivers, w~en some Organizations may receive':waiver of 100 peroent of their fee. The majority of our 6(; beds in tim new buiklJng wil al~o represent ~ only affordable portion of ~e bed~ will be clemig,etea as trJ~mof~_ noua,....~., wom~n'$ eamecl in .co~...w. ill be .d. ?rg.ed for r.e~nt::_ ~Tl~_re.~w .fl_l_/~. n,~ ~r~%cr~%~e could constitute nine ~4~par'4t. ~v~g un~. ~.. ~.,~e ~ for im~e~t fe~ s, we unaerm~a we m~gm ae aura ~u -~,~',l .v, . tram ~,~e,,. -.~,~-.-- ~ --. r",--- - ..... *-' '~" "-'~' thl~ Sincem~y, CEO ~ Dcp'at'm~e~,t of ('.~lJcl~n ~ F~r ~ Setvlcx'~ 0:)o~esUc Vlt~ettce Trot F'art~ ~nd pr~atc conL,'~uto~s. /mENOA rrEM JUN 2 5 2002 p,. ,-J-' EXECUTIVE SUMMARY AMENDMENT TO AN EXISTING AFFORDABLE HOUSING DENSITY BONUS AGREEMENT FOR SADDLEBROOK VILLAGE ~ This is an amendment to an existing Affordable Housing Density Bonus Agreement to reflect the new owner of the property while in the process of making development significantly more affordable. No additional density or other zoning changes will be granted through this amendment. CONSIDERATION: 1991: The Saddlebrook Village PUD was created and approved by the Board of County Commissioners on June 25, 1991. It was created as a 438-unit multi-family rental affordable housing development of which 132 units (30% of the over-all units) were to be affordable to households earning less than 80% of the county's median income (moderate income). The remaining 306 units (70%) had unrestricted market rents. The gross density on this PUD is 13 units per acre of which 6 relate to the affordable housing density bonus program and a base density of 7. 1997: On December 9, 1997 the PUD was amended and split into 2 phases. The Affordable Housing Density Bonus Agreement was also amended to reflect the phasing and make the project more affordable as a whole. The agreement now provides for 202 of the 438 units (46% of the over-all units) to be affordable to households earning less than 60% of the county's median income (low income). In addition 88 (20%) of these units will serve households earning less than 50% of the county's median income (very-low income). 2002,:, Phase I has been completed containing 140 units of which 80% serve low-income households and 20% serve very-low income households. The phase 1I portion of the 1997 agreement called for 298 units with 62 affordable units at very-low income and 2 affordable units at low income. The remaining 236 units would . be at unrestricted market rents. ~lo.~ {-- The property is now under new ownership and the owner wishes to amend the Afl Housing Density Bonus Agreement to reflect his ownership and commit 238 ,rdable ~itsJ~N 2 5 2002 phase I1 of the project (80% of the over-all units in that phase) to be affordable. Furthermore, 176 of the units will be at the low income level, 54 of the units at very-low income, and 8 of the units at very-very low income (35% of median county income). The remaining 60 units will be at unrestricted market rents. SUMMARY: Number / Number / Number / Number / Number / Number / Percentage of Percentage of Percentage of Percentage of Percentage of Percentage of Affordable Moderate Low Very-Low Very-Very Low Unrestricted Year Units Income Units Income Units Income Units Income Unit~ Units 1991- 132 / 30% 132 / 30% 010% 010% 0/0% 306 / 70% 1997- 202/46% 0/0% 114/26% 88 / 20% 0/0% 236 / 54% 2002- 378 / 87% 0/0% 288 / 66% 82/19% 8/2% 60/13% Total number of units and gross project density have remained constant at 438 units and 13 units / acre. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously (9-0) to approve this amendment on May 13, 2002. FISCAL IMPACT: This amendment will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This amendment will serve to increase the supply of affordable housing in Collier County and further the goals of the Housing Element of the Growth Management Plan. RECOMMENDATION: That amendment to the Saddlebrook Agreement. the Board of County Commissioners approve this Village PUD Affordable Housing Density Bonus SUBMITTED B y: ~--a.'"-"-~ REVIEWED BY: APPROVED BY' Date: Cormac J. Giblinff~anager ~_~~LVing and Urban Improvement · - Date: Denton H. Baker, Interim Director Department of HousTy Urban Improvement J~/seph K. Schm(tt, ~.dministrator [~/ommunity Development and Environmental Services Dl','~ston JUN 2 5 2002 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~ day of ,2002, by and between Creative Choice Homes XIV, Ltd. (The "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase contract a tract of real property described as (complete legal description) Please see attached legal description. Appendix D Collier County, Florida (The "Property") The legal and equitable owners include, l-75 Exit 15 Land Trust. It is the Developer's intent to construct a maximum of 298 residential units (the "Units") at a density of t4.9 units per gross acre on the Property. The gross acreage of Property is 20+/- acres. The number of affordable Units constructed by Developer shall be 238, representing 80 % (percent) of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 158 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 7.9 units per' acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall Page I of 23 JUN 2 5 2002 construct 258 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, and Appendices B & C, which Appendices are incorporated by reference herein and constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very Iow income), and 60 percent (for Iow income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a Iow income or very Iow income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables a[tached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. Page 2 of 23 JUN 2 5 2002 (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1 ) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Department. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the Developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.7.7.5.2., as amended, as a Iow or very Iow income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the odginal sources for additional 30 days, provided it has been documented by the person preparing original verification. After this time, a new verification form must be completed. Page 3 of 23 JUN 2 5 2002. Pi,. ~ - Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential tenant (including the entire household) pdor to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has the appropriate household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form is attached as Appendix B, Exhibit C, and is incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. The Parties agree that random inspections of the Developer's or their agents' files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by the Housing and Urban Improvement Department upon reasonable notice being provided. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Department, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be~,~L,~' expressly detailed in the lease agreement between Developer and tenant. / JUN 2 5 2002 Page 4 of 23 l I~g'-- ~'~ (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Department. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 7 units per acre, and is therefore granted a density bonus of 6 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 7.~9 density bonus units, pursuant to LDC § 2.7.7.. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 298 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.7.7, to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Department or by any other persons pursuant to the Page 5 of 23 JUN 2 5 2002 authority which is delegated to them by LDC § 2.7.7.. Collier County or its designee shall have full power to enforce the terTnS of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.7.7., as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in wdting and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 North Horseshoe Drive Naples, Florida 34104 Page 6 of 23 JUN 2 § 2002 ,_. To the Developer: Creative Choice Homes XIV, Ltd. 4243-D Northlake Blvd. Palm Beach Gardens, FL 33410 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Housing and Urban Improvement Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the per[ormance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing unit designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the Parties and stated in writing. 15. Modification. This Agreement can only be modified or amended by the written agreement of the Parties. 16. Discrimination. Page 7 of 23 ITEM JUN 2 5 2002 a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national.origin, famitial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in.a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, conStruction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 8__~0 percent affordable housing units for this project, with 8__~0 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations Collier County that are in effect at the time of development. Subsequently adopted la~ and policies shall apply to this Agreement and to the development to the extent th~ Page 8 of 23 JUN 2 5 2002 they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapptication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Coletta, Jr., Chairman Approved as to form and legal sufficiency: Patdck G. White Assistant County Attorney Page 9 of 23 JUN 2 5 2002 DEVELOPER: Creative Choice Homes XIV, Ltd. By: Johnt~7. Weir, V.P. of Creative Choice Homes XIV, Inc., its General Partner W!t?esses:/~T AND SIGI'~MES Pdn'ted name WTS. 2-Printed name STATE OF FLORIDA ) COUNTY OF COLLIER ) BELOW) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by John F. Weir, V.P. of Creative Choice Homes XIV, Inc., the General Partner for Creative Choice Homes XlV, Ltd. 2002. WITNESS my hand and official seal this ~_~ay of My Commission Expires: Notary Public .-'*~ ?i UY COMMISSION I CC 7B$132 ~', · -: EXPIRES: Jan~ta~/16, 2~03 Page 10 of 23 ITEM JUN 2 5 2002 P... 12_ APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITSfMONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 35 $660 2 Bedroom 99 $786 3 Bedroom 42 $886 4 Bedroom TOTAL 176 VERY LOW INCOME (50% MI) Efficiency I Bedroom 13 $538 2 Bedroom 31 $640 3 Bedroom 10 $717 4 Bedroom TOTAL 54 VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 $355 2 Bedroom 4 $420 3 Bedroom 2 $463 4 Bedroom TOTAL 8 (1) Base residential density allowed in this development 7 units/acre. (2) Gross acreage 20+-. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC § 2.7.7.3., is 7.__.~9 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 14.9 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 80 %. Page 11 of 23 AGENOA ITEM JUN 2 5 2002 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.7.7.3, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for Iow and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing tm/ts (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling un/ts per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling umt per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing umt have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 12 of 23 2002 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMS/UNIT EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) 0 1' 1' LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) 2 3 4 VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add I density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 10% 20% 30% 40% 0 0 1 2 0 1 2 3 2 3 4 5 3 4 5 7 4 5 7 8 JUN 2 5 2002 Page 13 of 23 - APPENDIX A, EXHIBIT C INCOME ),.ND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier Count),) NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 BEDROOM 2 BEDROOM 3 BEDROOM 4 BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. Golden Gate 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: __ Date of Application:__ Amt. Of Sec. Deposit: _ Page 14 of 23 Ar..,E A b JUN 2 5 2002 Your Name: Co-Tenant Name Present Address: Race/National Origin: Handicap: Yes __ No __ Race/National Origin: Handicap: Yes __ No __ Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Social Security Number Previous Employers Name __Weekly Every 2 Weeks $__ Monthly $__ Birth Date -o- Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $~ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT ]}~[J~F~ SEX AGE 1. 2. 3. Monthly $ PERSONAL REFERENCES (Not Relatives) I. Name: Address: 2. Name: Address: How Long Known:__ How Long Known: Page 15 of 23 THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 23 JUN 2 5 20O2 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name:: Present Address: Street Social Security Number Social Security Number City State Zip Telephone No. I hereby make application for an apartment at _Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ Bonuses $ $ Tips $ $ Commissions $ $ Interest Income $ $ Trust Fund Income $ $ Unemployment $ $ Workman's Compensation $ $ Welfare $ $ Food Stamps $ $ Social Security $ $ Social Security Disability $ $ Supplemental SSI $ $ Family Assistance $ $ Child Support $ $ Veterans Benefits $ $ Widows Benefits $ $ Union Pension $ $ Self-Employment Business, Silent Partner, etc. $ $ Private Insurance Pension $ $ TOTAL ANNUAL INCOME S $ S $ $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ $ S S $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCLrpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILU1LE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 17 of 23 JUN 2 5 21102 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this certification form. City State Zip , hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this __ day of Signature of Applicant .,2002. My Commission Expires: Notary Public EMPLOYER CERTIFICATION' Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):.__ Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this __ day of Supervisor 22002. My Commission Expires: Notary Public THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 18 of 23 JUN 2 5 2002 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.7.7.2.4., please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts axe proposed by the applicant, if any, on the property and the acreage of each; Existing Zoning to be maintained as established in the Saddlebrook PUD. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus.'? Yes X No If yes, state date of application N/A and if the request has been approved, state the Ordinance number N/A. 3. Gross density of the proposed development. 14.9 units/acre. Gross acreage of the proposed development. 20 4-/- acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? Yes X No. If yes, please state name and location of the PUD and any other identifying information. 5. Name of applicant Creative Choice Homes XIV~ Ltd. Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. Page 19 of 23 JUN 2 5 TABLE I T.vpe of Unit Rental Efficiency One Bedroom 70 Two Bedroom 168 Three Bedroom 60 Other Bedroom TOTAL 298 Total Number of Units in Development Owner Occupied TABLE II Number of Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied MODERATE INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 35 99 42 176 15 45 40 100 Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Rental Owner Rental Owner Occupied Occupied VERY LOW INCOME (50% MI) Efficiency Page 20 of 23 2002 __ I Bedroom 13 13 2 Bedroom 3l 10 31 6 50 3 Bedroom Other TOTAL 54 Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupiec!. Occupied VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 2 2 2Bedroom 4 4 3 Bedroom 2 2 Other TOTAL 8 8 Please provide a physical description of the affordable units by type of unit (moderate, low, very low, or very-very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washeffdryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. The development will consist of 298 one-, two-, and three-bedroom units and related community amenities. The per unit square footages for these units are as follows: one-bedroom, 655 square feet; two-bedroom, 909 square feet; and three-bedroom, 1,098 square feet. All units will contain single-sheet vinyl in kitchens and baths and carpet in all other locations within the units and vertical blinds on all windows. Units will contain an appliance package with HVAC (12 SEER energy-efficiency rating), ceiling fans in all bedrooms and living areas, garbage disposals, range with range hood, refrigerator, dishwasher, microwave oven, washer/dryer connections, and fully equipped bathrooms with ceiling exhaust fans. Community amenities consist of a clubhouse and community center (with an exercise facility, meeting space, business center and library) swimming pool, exterior recreation area (volleyball & playground) and car care area. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. Page 21 of 23 AGENDA ITEM JUN 2 5 2002 EXHIBIT D. Page 22 of 23 AC'EN~A L~_, I JUN252002 j I THiS iS NOT A SL)R'VEY SCR1PT I"SN Page 23 of 23 JUN 2 5 2002 EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATION RELATIVE TO THE ATTACHED LIST OF "PUD SUNSETTING PROJECTS", WHICH ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPEKTY OWNERS/AGENTS, HAVE NOT COMMENCED CONSTRUCTION,. AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), RESULTING IN STAFF DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS TO BRING THESE PROJECTS FORWARD WITH A RECOMMEDATION TO REQUIRE THE PROPERTY OWNER(S) TO SUBMIT AN AMENDMENT WITHIN SIX MONTHS. OBJECTIVE: attached · 'S That the community interest is maintained as a result of the sunsetting of the eleven PUDs G:\Current\Deselem\PUD cases for sunsetting\Executive Summary PUD Sunsetting projects for 6. P June 7, 2002 5~02.doc ge 1 li~.~ L CONSIDERATIONS: Section 2.7.3.4 of the LDC requires the PUD property owner to submit an annual report on the progress of development one year from the date it was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD's approved prior to October 24, 2001, if on the fi£th year of their adoption the authorized development has not commenced to the thresholds established by Section 2.7.3.4, then the PUD is subject to re-review by the Board of' County Commissioners. This procedure is commonly referred to as the sunsetting provision o£the LDC. The attached PUD project list shows the dates that the projects were approved. Most projects were approved in the 1980's and 1990's. The oldest project on the list was approved in 1975. To date, development meeting the threshold of LDC Section 2.7.3,4 has not occurred. The most recently approved project received an affirmative vote in January, 1997. In 1997, several of the projects--Crestwood, Waterford Estates, and Imperial Lakes--received extensions of the PUD, granting additional time. Those extensions have expired. Additionally, in June, 2001, the Board of County Commissioners directed Waterford Estates to submit an amendment within six months. To date the property owner has taken no action. In two situations, the VFW and Garden Walk Village, the owners have indicated that they have no interest in "renewing" the PUD zoning; however the current LDC requires the board to allow an amendment to be submitted before any further action to initiate rezoning proceedings can commence. LDC Section 2.7.3.4 provides the parameters by which it is determined whether "development has commenced in earnest". A project must: JUN 2 5 2002 obtain approval for improvement plans or a development plan or a 'd~v~lopment orde,' fo ; all i,¢'astructure improvements to include utilities, roads and similar improvements requi,'ed by the approved PUD master plan or other development orde: : for at len~'t 15 percz:tt of the gross land area of the PUD site eyeD, five years of the date of apprc...d by the Board of County Commissioners; and .... receive final local &velopment orders for at least I5 percent of the total mm~ber of approved dwelling units in the PUD, or in the case of PUD~ consisting of nonresi&ntial uses, 30percent of the total approved gross leasable floor area within the PUD eve~ six' years of the &re of approval by the Board of County Commissioners. If it is dete~ined that the project has not complied with the development criteria outlined above, the Board of County Commissioners has two choices: I. To extend the current PUD approval for a maximum period of nvo years; at the end of which time, the owner will again submit to the procedure as defined herein; or 2. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board on the submitted amendment of the PUD. If the ow~ter fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning class~cation consistent with the fitture land use element of the Growth Management Plan. The board has directed staff that these projects should not be extended, therefore staff has attached resolutions that will require each P~ to be amended by the prope~y owner(s). Synopsis of Approved Land Uses: The PUD Ordinance for each project contains the list of uses approved for each project. A summary of the approved uses is provided on the "PUD Sunsetting Projects" list. Due to development that has occurred around these projects since they were approved, there may be compatibility issues that were not readily apparent when the projects were approved. Transportation staff has determined that several projects cannot comply with transportation conditions contained in the original PUD Ordinance due to changes to development regulations that have occurred since the approval date. For example, the Crestxvood PUD Ordinance required the developer to provide left and right turn lanes on Immokalee Road at the project entrance. Due to changed conditions at the project location, Transportation stat has de_t~rrnined that the turn lanes are no longer appropriate. Iqo ~,,2~ G:\Current\Deselem\PUD cases for sunsetting\Executive Summary PUD Sunsetting projects for June 7, 2002 >age 2 of 4 Z Another project, Sunshine Village, is now owned by Collier County and is utilized for a purpose other than the 18 multi-family units for which it is approved. A PUD zoning designation is no longer appropriate for that site. Consistency with the Collier County Growth Management Plan (GMP) The listed PUD projects are located within different designations of the GMP. Amendments to the GMP to address coordination of land uses and infrastructure needs such as roads and sewer and water service are pending. The transmittal date of that amendment is scheduled for July 2002, with adoption hearings planned for the fall of this year. The Board has indicated in two workshops that because the developers of the listed PUD projects have not taken the opportunity to develop within the given time frame, the board xvants the cases to be subject to any new regulations that may be adopted. Taking that directions, staff has reviewed the PUD projects and is recommending that the projects be amended rather than to encourage extensions. The PUD projects may be deemed consistent with the overall GMP and with the individual elements of that documents at this time, but based upon Board direction, staff is recommending that amendments be submitted to address the GMP as that document may be amended at the time of submittal. Consistency with the Collier Countx Land Development Code: During the amendment reviexv process, all jurisdictional staff will advise what is necessary to insure that the PUD is consistent with current LDC requirements. Many of the PUD Ordinances do not conform to current regulations due to their age, and the extent to which regulations have changed. For example, Ordinance No. 81-23, Myrtle Woods, was adopted at a time when a limited number of commercial uses were required to submit for site plan review. Of the 109 approved uses in the commercial portion of that PUD, only 10 uses are subject to site plan review. Under today's LDC standard, all uses would be subject to site plan review. Clearly an amendment to that PUD document is warranted to ensure that this project is subject to the same level of review as similar projects and uses. All of the PUD projects should be so amended in order to achieve consistency with present Land Developn~ent Code regulations. Staff Comments: While the aforementioned PUD zoned projects presented satisfactory development strategies at the time of approval, it is preferable that the owner(s) be required to submit amendments that can be then reviewed by jurisdictional reviewers to determine what, if any, modifications ought to be made in light of current LDC and GMP requirements. FISCAL IMPACT: The requirement to submit amendments within six (6) months will have no Collier County. An application fee will be required for the resubmittal to cover costl assoc~-' 'r'~- with staff review time. JUN 2 S 2002 G:\Current\Oeselem\PUD cases for sunsetting\Executive Summary PUD Sunsetting projects for 6-25-0 .doc June 7, 2002 Page of 4pg PLANNING SERVICES STAFF RECOMMENDATION: Based upon Bo,rd direction and a cursorily reviexv of the PUD projects, staff recommends that the Board o£ Coum,' Commissioners require the owner(s) to submit a new PUD xvithin six (6) months oFthe dat~ o'f this action. PREPARED BY: KAY DBSELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP CURRENT PLA~ING MANAGER & INTERIM PLAN~'-NING SERVICES DIRECTOR DATE APPROVED BY: JOSEP/H K. SCHMITT ,/ D~TE' COMMUNITY DEVELOPMENT 8: ENVIRONMENTAL SERVICES ADMINISTRATOR JUN 2 5 2002 G:\Current\Deselem\PUD cases for sunsetting\Executive Summary PUD Sunsetting projects for 6-25-02.doc June 7, 2002 Page 4 of 4 0 LIJ I- Z CI AGENDA 1"]'!~4 JUN 2 5 2®2 Pz. D ~_ _1 !1 RESOLUTION 2002-__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-7 ALSO KNOWN AS "CRESTWOOD" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Crestxvood" PUD, Ordinance 90-7 adopted on January 23, 2002, is subject to the provisions of Section 2.7.3.4. of the Land Development Code CLDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records o£the Petition for which the extension is granted. -1- l JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolutio- adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOKIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G} White Assistant County Attorney -2- RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 95-10 ALSO KNOWN AS "PARKWAY CENTER" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Park~vay Center" PUD, Ordinance 95-10 adopted on February 28, 1995, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent xvith ceaain provisions of the Gro~th Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. 3o Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: D',¥qGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. ~%~tte Assistant County Attorney Parkway Center PUD Sunsetting Resolution -2- JUbl 2 5 2002 RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONrERS OF COLLIER COLR4T:', FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 95-14 ALSO KNOWN AS "PARKWAY PLACE" PUD, REQUIJLING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Parkxvay Place" PUD, Ordinance 95-14 adopted on March 28, 1995, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and Wt-IEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviexved the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (G~MP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk ~&_.pproved a.s to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Parkway Place PUD Sunsetting Resolution -2- JUN 2 5 2002 RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS C'F COLLIER COUNT '/, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 96-4 ALSO KNOWN AS "GARDEN WALK VILAGE" PUD, REQUIRING THE SUBMITTAL OF A PUD AuMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS \VHEREAS, the "Garden Walk Village" PUD, Ordinance 96-4 adopted on February 13, 1996, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and \\,'HERIEAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for xvhich the extension is granted. -1- JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney -2- JUN 2 5 2002 RESOLUTION 2002-_~ A RESOLUTION BY THE BO,~tRD OF COUNTY COMMISSIONERS OF f. OLLIER '~;OUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 97-4 ALSO KNOWN AS "JACARANDA CENTER" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS V,~EREAS, the "Jacaranda Center" PUD, Ordinance 97-4 adopted on January 14, 1997, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and X~,~IEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. JLIN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. Whiie Assistant County Attorney Jacaranda Center PUD Sunsetting Resolution -2- AGrd~A IIE~ JUN 2 5 2002 RESOLUTION 2002- A KESGLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 91-31 ALSO KNOWN AS "WATERFORD ESTATES" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENrDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Waterford Estates" PUD, Ordinance 91-31 adopted on April 9, 1991, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property o~vner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. JUN 2 § 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majo,4ty vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy. Clerk .A.l~oved as t9 Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Waterford Estates PUD Sunsetting Resolution -2- itSt v' 2002 RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COtYNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 75-29 ALSO KNOWN AS "VFW" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "VFW" PUD, Ordinance 75-29 adopted on July 8, 1975, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the revie~v requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk ,._~?ved as to Form and. Legal Sufficiency: Patrick G. White Assistant County Attorney VFW PUD Sunsetting Resolution -2- JUN 2 5 2002 p~. '~0 _ RESOLUTION 2002-,, ,_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 81-23 ALSO KNOWN AS "MYRTLE WOODS" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Myrtle Woods" PUD, Ordinance 81-23 adopted on May 5, 1981, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002, in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOPJDA JAMES N. COLETTA, Chairman ATTEST: D'~,qGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: ' Patrick G. ~ite Assistant County Attorney Woods PUD -2- J U N 2 5 2002. RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PUKSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 92-62 ALSO KNOWN AS MICELI PUD, REQLFIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. REcrrALs WHEREAS, the "Miceli" PUD, Ordinance 92-62 adopted on September 1, 1992, is subject to the provisions of Section 2.7.3.4, of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the revie~v requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk _~oved as to Form and Legal Sufficiency: P~thck Assistant CounW Attorney PUD Sunsetting Resolution -2- JUN 2 5 2002 RESOLUTION 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 92-75 ALSO KNOWN AS "ORANGE BLOSSOM GARDENS" PUD, REQU1R.ING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTWE DATE. RECITALS XVHEREAS, the "Orange Blossom Gardens" PUD, Ordinance 92-75 adopted on October 19, 1992, is subject to the provisions of Section 2.7.3.4, of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent with certain provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes evidence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. JUN 2 5 2002 -2_- This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Orange Blossom Gardens PUD Sunsetting Resolution -2- JUN 2 5 2002 RESOLUTION 2002- A RESOLUTION BY THE BOAT, O OF COUNTY COMMISSIONEKS OF Cb LLIER CCUNTY, FLORIDA, PURSUANT TO SE oTION z.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 93-92 ALSO KNOWN AS "SUNSHINE VILLAGE" PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "Sunshine Village" PUD, Ordinance 93-92 adopted on December 21, 1993, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans as such regulations existed on October 23, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and \x,q-IEREAS, staff has also reviewed the subject PUD Zoning and determined that said zoning does not appear to be entirely consistent xvith certain provisions of the Grm~xh Management Plan (GMP) and the Land Development Code (LDC). NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are adopted by reference as if fully set forth herein. This Resolution constitutes ev/dence of the County staff's compliance with the review requirements of Section 2.7.3.4, of the LDC. Pursuant to that section of the LDC, the property owner or agent is now required by this Resolution to submit an amended PUD to the Planning Services Director prior to November 26, 2002 in order to cause said PUD to become consistent with the Collier County LDC and GMP. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. -1- JUN 2 5 2002 This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ~ 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Sunshine Village Sunsetting PUD Resolution -2- JUN 2 5 2002 EXECUTIVE SUMMARY RECOMMENDATION TO ALLOW REMOVAL OF 191,000 CUBIC YARDS OF EXCESS EXCAVA.TED MATERIAL FROM THE SITE OF CLASSICS PLANTATION ESTATES, PHASE ONE, LOCATED IN SECTICON 27, TOWNSHIP 50 S, RANGE 26 E OF THE LELY PUD, COLLIER COUNTY, FLORIDA. OBJECTIVE: To allow the removal of 191,000 cubic yards of excess excavated material from the site of Classics Plantation Estates, Phase One. CONSIDERATIONS: The Petitioner excavated a lake at Classics Plantation Estates, Phase One of the Lely PUD under Development Excavation Permit #59.793. The petitioner did not use 191,000 cubic yards of the 200,900 cubic yards that was excavated and wants to sell it for removal from the site. The petitioner originally intended using the fill for future on-site construction, but has changed his plan of development. The removal of 191,000 cubi~ yards will require about 12,000 one-way trips, which is ten trips per hour for ten hours per day for 120 work days FISCAL IMPACT: The Community Development Division has received a Commercial Excavation Application fee in the amount of $850.00. The County Transportation Department will receive a road damage fee in the amount of 58,097.30 prior to commencement of hauling. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: N/A CCPC RECOMMENDATIONS: N/A PLANNI_i'!G SERVICES STAFF RECOMMENDATIONS: That the Boaxd of County Commissioners allow removal of 191,000 cubic yards of excavated material from Classics Plantation Estates with the following stipulations: 1. During removal of excavated material, proper dust, noise, sediment and erosion control measures must be employed and maintained. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. 3. All Road damage fees must be paid prior to the commencement of hauling. PREPARED BY: ~, ,.~/ I/ // ~, / / / ', SENIOR ENGINEER REVIEWED BY: DATE THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR ,. ?)~-1 -" ;A)~-~ NORMAN FEDER, ADMINIST~TOR T~NSPORTATION DIVISION APPROVED BY: CO,IS/f UNITY DEV. AND ENVIRONMENTAL SVCS. t/ 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. DA~rE - DATE' JUN 2 5 2002 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF ~ATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. o o Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck_ loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two JUN 2 5 2002 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserv.es ?he right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Bo Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. Security bond applicable to private property damage acceptable to the County. Ce Control of size/depth/number of charges per blast by the Development Services Director. Do The rigl;,t of the County to suspend and/or revoke blasting pen'nit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two 0 EXECUTIVE SUMMARY, A. RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) AUTHORIZING THE i-IL~;~G OF 'IHE TRiP AND EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD). OBJECTIVE: To approve the attached grant application and resolution authorizing the Chairman of the BCC to file and execute the application and to sign the agreement as required in connection with the application. CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier County, the BCC will file a Trip and Equipment grant with the Commission for the Transportation Disadvantaged (CTD) each year. Funds from this grant will cover a portion of the operating expenses of the Transportation Disadvantaged Program. FISCAL IMPACT:. The application will secure a grant in the amount of $496,875. The :1~9 local match figure indicated, $55,208, has traditionally been exceeded by the annual contribution by the County to the program. This is a reimbursement grant. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to execute the application and to sign the agreement as required in connection with the application. That the Board authorize the Transportation Services Administrator or his designee to sign any assurances, reimbursements invoices, warranties, certifications and any other documents which may be required in connection with this application, and approve any budget amendments necessary to receive and use these funds. NOTE: Please Do Not Fill In Any Dates On The Agreements Prepared by: Reviewed by:/c~i Done Approved by: ¢ Norm/ n~Transportation Planner ~. ~~ion Planning Director Feder, Transportation Services Administrator Date: 06/6/02 Date: 06/06/02 Date:06/06/02 AGEND..A iTFM No,_.L4, h .JUN 2 5 2002 Pg. EXHIBIT A COMMISSION FOR T~ TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIP ./EQUIPMENT GIL.&NT P-t~.OGRAM 2. 3. 4. 5. 6. 7. 8. 9. DATE SUBMIT'rED: June 1. 2002 LEGAL NAME OF APPLICANT: Collier County Board of County Commissioners FEDERAL DENTIFICATION NUMBER: 59-6000558 REMITTANCE ADDRESS: 3301 East Tamiami Trail CITY AND STATE: Naples. FL ZIP CODE:' 34112 CONTACT PERSON FOR THIS GRANT: Jill M. Brown PHONE NUMBER: 239-403-2310 FAX NUMBER: 239-213-5815 (REQUIRED) E-MAlL ADDRESS: jillbrown @collieraov.net PROJECT LOCATION (County): Collier 10. PROPOSED START DATE: Julv I. 2002 11 a. ESTEMATED PROJECT FUNDING: State $ 496.875 Local $ 55.208 TOTAL $ 552.083. 11 c. VOLUNTARY DOLLARS REQUESTED State $ 0 Local In-Kind 0 -' TOTAL $ 0 llb. ENrDING DATE: June 30. 2003 PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT State $ Trip & Equipment Grant Application 2001/2002 Form Rex'. 3/i/01 AGENDA ITEM No._ I,".,h [ .IUN 2 5 2OO2 Pg.._.__.2 Grant Application Page 1 12. I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. James N. Coletta. Chairman TYPED NAME OF AUTHORI77E~D REPRESENTATIVE AND 'r.rTLE SIGNATURE OF AUTHORIZED REPRESENTATIVE June 11. 2002 DATE 13. NOT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed in its entirety by the County Coordinating Board. COORDEqATEq'G BOARD CHAIILPERSON'S SIGNATURE DATE Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 AGENDA ITEM .JUN 2 5 2OO2 Grant Application Page 2 EXHIBIT B PROPOSED PKOjECT FUNDING Proiect Description and Cost A. Non-sponsored trips B. Capital equipment 1. 2. 3. C. Contingency Fundina Participation A. Total Project Cost Commission for the Transportation Disadvantaged $ 552.083 $ $ $ $ $ 552.083 State Funds (90 %) $. 496.875 B. Cash Local Match (10%) $ 55.208 C. Voluntary Dollar Contributions (90%) $ 0 D. Match for Voluntary Dollar $ 0 (If in-kind, so state with monetary value) Total Project Cost E. $. 552.083 17I. Estimated cash-flow of FY 2002/2003 STATE grant funds only ( $ divided by 1000) Only complete this section if desired cash flow is different than one twelfth of state funds per month. FY 02/03 FY 03/04 Jul Aug Sep Oct Nov Dec Jan Feb Mar Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 Apr May Jun AGENDA ITEM No. iC- [":) t .IUN 2 5~ pg. dj Grant Application Page 3 EXHIBIT C RESOLUTION NO. 2002- AUTHORIZING RESOLUTION A RESOLUTION OF THE COLLIEi! CO7.5,; fY BOARD OF COUNTY COMi~HSSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FU'NI) GRANT APPLICATION WITH THE FLORIDA CONk-MISSION FOR THE T1L43NSPORTATION DISADVANTAGED. WHEREAS, this Collier County Board of County Commissioners, serving as the Community Transuortation Coordinator, has the authority to file a Transportation Disadvantaged Trust Fund Grant AppliCation and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY TIiE BOARD THAT: The Collier County Board of County Commissioners ("BCC") has the authority to file the Transportation Disadvantaged Trust Fund Grant Application ("Grant Application"). ,) The BCC authorizes James N. Coletta, Chairman of the BCC, to file and execute the Grant ApPlication on behalf of the BCC with the Florida Commission for the Transportation Disadvantaged. The BCC authorizes James N. Coletta, Chairman of the BCC, to accept notice on behalf of the BCC. The BCC authorizes James N. Coletta, Chairman of the BCC, to sign any and all agreements or contracts that are required in connection with the Grant Application. o The BCC authorizes the Transportation Administrator or his designee to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents, which may be required in connection with the Grant Application or subsequent a~eements. DULY PASSED AND ADOPTED THIS DAY OF. ATTEST: " DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY CO1VhMISSIONERS By: By:. James N. Coletta, Chairman APPROVED AS TO FORM AND LEGAL SUFFIENCY: ' ('-'r ".--3 C . ,~ \ '\-"A.___ ~..'- le h'fii-ferB e lp e dib'~, A s si ~t al~tT'~ounty Attorney Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 AGENDA_ITEM JUN 2 5 /_uu2 .,,. Pg. ~ Grant Application pao_e 4 EXHIBIT D STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2001 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) (c) (d) (e) (fl (g) response time, fares, geographic service area, hours and days of service, restrictions on trip purpose, availability of information and reservation capability, and contracts on capacity or service availability. AGENDA ITEM No. 1~1'5 ~ JUN 2 5 2002 pg ~, Trip & Equipment Grant Application 2001/2002 Form Rev. 3/I/01 Grant Application Page 5 In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have also fried a certification with the appropriate program office. Such public entities receiving FTA funds under any other section of the FTA have fred a certification with the appropriate FTA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: Signature: Name: Norman Feder Title: Transportation Services Administrator Trip & Equipment Grant Application 2001/2002 Application Page 6 Form Rev. 3/1/01 AGENDALTEI~I No. |~t.5 /_ JUN 2 5 2002 Pg. Grant SAMAS Approp: 088846 Fund: TDTF FM/Job No(s).:, SAMAS Obj.: 750001 Function: 035 CSFA No. Org Code: 55 12 O0 00 952 Contract No.: Vendor No.: 20724618401 20724638401 55001 596-000-558-107 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of 20 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County_ Board of CounW Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112 hereinafter called the Grantee. WITNES SETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion ora transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2002; and as further described in this Agreement and in Exhibit(s) A, B, C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. AGENDA ITEM .JUN 2 5 2022 Pag, I of 20 Pages 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Trip and Equipment grant application submitted by the Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on March 1, 2002. 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annuall3 evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $ 553,479.00. This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ 498,131.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion ora transportation disadvantaged person's transportation costs which is not sponsoret then only ifa match, as specified in the Application and Policy Manual for the Tri Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 ;END nt, iI JUN 5 200 i provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment used for the provision of non-sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds a~er the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A". 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 oft}tis agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: schedule, contained in Exhibit "B". Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 The Grantee shall abide by the Commission This schedule shall show estimated disbursem Pa approved disbursements :nt o~llilt~unds No._ t 5! JUN 2 5 2a-22 ;e 3 of 20 Pages for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any significant deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of th Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 including any approved services contributed by the Grantee or others, shall be suppc payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, rted by properly execut.ed Pa itles,~Ldlx~gl'LO~taik Uo. 1,515 I -- ! ! JUN 2 § 2 C2 e 4 of 20 Pages P-9. t t Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $300,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, Rule Sections 10.550, 10.650, Florida Administrative Code, and the applicable rules of the Executive Office of the Governor and the State Comptroller, and rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, the name of the awarding State Agency. If the grant recipient expends less than $300,000, this audit is not required and if the grant recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Grant recipient agrees to allow the Commission, the Department of Transportation, the State Comptroller and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Grant Recipient shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. .... ' ' ncc If an audit discloses any significant audit findings relating to any award, including with individual project compliance requirements or reportable conditions in intern 't .tUN 2 5 2002 Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/'01/02 Recipient shall submit as part of the audit package to the Commission a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff', limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply an cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for any one (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay f( any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: Funds, the Grantee shall: In order to obtain any Transportation Disadvantaged Trust 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, including, at a minimum: (1) The date the Grantee incurred project costs and equipment, vehicl services associated with the Project; Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Pag JUN 2 5 6al20 Pages (2) A statement by the Grantee certifying that the Grantee has acquired the property or services; (3) The actual consideration paid for the property or services; (4) A statement that the submitted detail is sufficient for a proper pre-audit or post-audit; and, (5) An attestation, on the form or forms prescribed by the Commission, from the head of the Grantee, under the penalties of perjury, that the Grantee has complied with the provisions of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: "I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement." 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 8.30 Disallowed Costs: In determining the amount ofthe Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory crite, ria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in wr}_tJ~nc, by the Commi_ss!9~n or certified by the Grantee, pursuant to Exhibit "C" [ A,22:,:..;. -':. ,. Pag} 7 of 20 PagesI :1 L 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3Ao24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting fi.om an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Trip & Equipment Grant Agreement 2002/2003 Form Rev 03'0102 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible,· or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Aereement until such time as the event or condition resulting in such suspension has ceased or been corrected,~or the Commission may terminate any or all of its obligations under this Agreement· 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to car%' out the actions required therein which may include any, or all of the following: (1) necessary, action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion aJ~d aflth~it~al~m~t o: Page 8 of 20 Pages the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee snail permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of:,ts third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any ser','ice, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: Trip & Equipment Grant Agreement 2002/2003 Form Re','. 03;01 02 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff.or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Proje?_work, notices setting forth the provisions of the nondiscrimination clause. &GENL')..& ,~c_ (' !'~ I__ .JUN 2 Page of 20 Pages 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business enti~ of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. . AG EN D.;~ ITEI~ Pa 10 of 20 Pages 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent~ lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The Epurpose of lobbying[2 includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission ora public enti~ crime ~vhich resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Ail Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 }tow Contract Affected by Provisions Being lleld Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requiremep_t_s~!ica~ble~,l~w. Trip & Equipment Grant Agreement 2002,~003 ' Form Rex'. 03/01,,'02 Page l ILof20 Pages 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment, purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement~ in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission..~y lease or assignment of operational responsibili~ of project vehicles and equipment to third-persons is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2 Florida Administrative Code, to se~'e the transportation needs of the transportation disadvantaged ot the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most curren: Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest o£the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale ,jli~4 2 Trip & Equipment Grant Agreement 2002;2003 Form Rev. 03/01/02 Page of 20 Pages equipment and vehicles shall be documented in the project file(s) by the Grantee. With t.he approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored If the Grantee does not elect to re- invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment ~vith useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission, s Capital Equipment Procedure or the Commission. 14.80 Accidents: .~uny accident involving leased or purchased vehicles, or vehicles under contract betwveen the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in E,'d'fibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. Trip & Equipment Grant Agreement 2002,2003 Form Rev. 03/01/02 Page 13 of 20 Pages 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year. In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a peried of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission's performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2003. If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in~ counterparts, each of which so executed shall be deemed to be an original, and such countlerPart~$]~il~ir ,i~tll I ~qc ~&./'3 ! _. ,lUt4 ~' ~; ~'""~ Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03~01/02 Page I of 20 Pages ~ ~ constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receiving an approved invoice from the Commission. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Ifa payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractors for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of I percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03;01~02 Page 15 ~f20 Pages .- legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page 16 of 20 Pages FM/JOB NO(S). 20424618401 20424638401 CONTRACT NO. AGP~EMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: Collier County Board of County Commissioners COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: BY: TITLE: TITLE: Executive Director {Commission Designee) ATTEST: ATTEST; NOTARY or TITLE (SEAL) NOTARY or TITLE (SEAL) DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page 17 of 20 Pages FM/JOB NO(S). 20724618401 20724638401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, bet~veen the State of Flor/da, Commission for the Transportation Disadvantaged and Collier Countx' Board of County Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112 PROJECT LOCATION: Collier Count' PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Admmisu-ative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non- sponsored trips and/or capital equipment as revised on March 1, 2002. Sea'ices shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation svstem which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the rate' indicated in the approved sen'ice plan pursuant to Rule 41-2. Flor/da Administrative Code. Capital equipment will consist ol. SPECIAL CONSIDEtL~.TIONS BY GRAN ~ EE. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: None Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 NO. 1',--, ~ Page 18 of 20 Pages FMc'JOB NO(S). 20724618401 20724638401 CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit forms an integral part of that certain Grant Agreement bet~'een the Florida Commission for the Transportation Disadvantaged and ' Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112 PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-27 Florida Administrative Code, the most current Commission policies and the Application and Policv Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2002. Trips shall be purchased at the rates indicated in the approved sera'ice plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips $552,083.00 20724618401 Volunteer Dollar $ 1,396.00 21724638401 II. TOTAL SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) Local Cash Funds Voluntary Dollar Contributions Monetary Value of In-Kind Match Total Project Cost $553.479.00 $ 496.875 $ 55,208 $ 1,256 $ 140 $ 553,479 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar FY02/03 41.511 41.511 41.511 41.511 41.511 41.511 41.511 41.511 41.511 FY 03/04 Trip & Equipment Grant Agreement 2002,2003 Form Rev. 03/01/02 Apr May Jun 41.511 41.511 41.511 Page 19'of20 Pages FM/JOB NO(S). 20724618401 20724638401 CONTRACT NO. AGREEMENT DATE EXHIBIT "C" TRIP/EQUIPMENT This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of Countx, Comrmssioners, 3301 East Tamiami Trail. Naples. Florida 34112 THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged 605 Smvannee Street, MS-49 Tallahassee, FL 32399-0450 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee. FL 32302-1450 Submit invoices for goods and sen'ices, with detailed supporting documentation, in detail sufficient for a proper pre-audit and post-audit thereof. Retain, and upon request, submit drivers' manifests, x~fth supporting detailed documentation, in detail sufficient for a proper pre-audit and post-audit thereof. CERTIFICATIONS' Certification of Equivalent Service in accordance with the Commission's policy on the acqmsition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third pan3,' contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(l)(b), Florida Statutes. Statutes. Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01 ;02 Contracts for consultant services for an amount less than CategoD' I as set forth in section 287.017(1)(a), Florida ' .iUk 2 t. 2c, 2 Page 20 o[20 Pages CONLMISSION FOR THE TRANSPORTATION DISADVANTAGED GRAN~ AGREE1V[EN~r CHECKLIST Please use this checklist on all Grant Agreements, Supplemental Grant Agreements, and Agreement Terminations to insure validity of the Agreement. 1. Original signatures must appear on at least one copy of the agreement. Be sure authorized parties type or neatly print titles and names on all copies to insure clarity. Be sure to include a resolution or certified minutes fi.om the agency authorizing signing of the agreement by an individual. The resolution must have original signatures; the minutes must be certified copies. The current grant application includes a sample resolution (Exhibit C of the application). Another resolution does not need to be submitted with the grant, if a resolution was submitted with the grant application. Signatures on the agreements must be attested to by one affirming official and sealed (corporate or notary seal). Resolutions or certified minutes should also be sealed and attested to. 5. Do not fill in any dates on the agreements. 6. Return the four signed copies for further processing to: Commission for the Transportation Disadvantaged 605 Suwannee Street, Mail Station 49 Tallahassee, Florida 32399-0450 We will mail you a copy of the agreement after the Commission for the Transportation Disadvantaged has executed it. Do not incur costs against this project until the Commission for the Transportation has executed this agreement and you have the notice to proceed from the Commission for the Transportation Disadvantaged. For~ Rev. 3/01/02 ITEM NO.: FILE NO.: ROUTED TO: ~TT;":?. r-.,, DATE RECEIVED: REQUEST FOR LEGAL SERVICES Date: June 4, 2002 To: Office of the County Attorney Attn: Jennifer Belpedio, Assistant, County Attorney From: Jill M. Brown, Public Transportation Planner Metropolitan Planning Organization Telephone #: 403-23 I0 Re: Trip and Equipment Grant Agreement BACKGROU~N-D OF REQUEST/PROBLEM: Collier County needs to submit this year's application for Commission for the Transportation Disadvantaged (CTD) grant funds for the fiscal vear beginning July 1, 2002, for the provision of trips to the transportation disadvantaged citizens of Collier Count.'.'. ~-- The application is in the form of four (4) exhibits, one of which. Exhibit C. is a resolution by the BCC. Exhibits A and C require the Chairman's signature. This item has not been previously submitted. ACTION REQUESTED: ~ ~_~ ~ Please review the exhibits and the resolution for legal form and sufficiency and attest to it. This item needs to go the BCC on June 25, 2002. Please call when these items are ready. (Jill M. Brown, 403-23 i0) Thank you. '~-) l C')(&~ k'~'~ ! EXHIBIT C RESOLUTION NO. 2002- AUTHORIZING RESOLUTION A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH TH'E FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, this Collier County Board of County Commissioners, serving as the Community Transportation Coordinator, has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. NOW, TI:[EREFORE, BE IT RESOLVED BY THE BOARD THAT: The Collier County Board of County Commissioners ("BCC") has the authority to file the Transportation Disadvantaged Trust Fund Grant Application ("Grant Application"). The BCC authorizes James N. Coletta, Chairman of the BCC, to file and execute the Grant Application on behalf of the BCC with. the Florida Commission for the Transportation Disadvantaged. The BCC authorizes James N. Coletta, Chairman of the BCC, to accept notice on behalf of the BCC. The BCC authorizes James N. Coletta, Chairman of the BCC, to sign any and all agreements or contracts that are required in connection with the Grant Application. The BCC authorizes the Transportation Administrator or his designee to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents, which may be required in connection with the Grant Application or subsequent agreements. DULY PASSED AND ADOPTED THIS DAY OF ATI'EST: DWIGHT E. BROCK, CLERK COl J.rFR COUNTY BOARD OF COUNTY COMMISSIONERS By: By:~ James N. Coletta, Chairman APPROVED AS TO FORUM AND LEGAL SUFFIENCY: JennX~erBelpe'dio, ~x~.~stant,-~ ount yXttorney Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 AGENDA ITeM No._ !.<.~ t Grant A?pI!catiOn Page 4 EXHIBIT C RESOLUTION NO. 2002- AUTHORIZING RESOLUTION A RESOLUTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, this Collier County Board of County Commissioners has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: The BOARD has the authority to file this grant application. The BOARD authorizes James N. Coletta, Chairman to file and execute the application on behalf of the Collier County Board of County Commissioners with the Florida Commission for the Transportation Disadvantaged. In accordance with Chapter 48 of the Florida Statutes, The BOARD authorizes James N. Coletta. Chairman of the Collier County Board of County Commissioners to accept notice of process on behalf of the Collier County Board of County Commissioners. The BOARD authorizes James N. Coletta, Chairman to sig-n any and all agreements or contracts that are required in connection with the application. The BOARD authorizes the Transportation Services Administrator or his designee to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents, which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS DAY OF ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By:. James N. Coletta, Chairman APPROVED AS TO FORM AND LEGAL SUFFIENCY: Jennifer Belpedio. Assistant, County Attorney Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 NO. [r~ [__ Grant Application Page 4 EXECUTIVE SUMMARY A RESOLUTION CONrFIILMING THE TERMS OF OFFICE OF MEMBERS TO THE VANDERBILT BEACH BEAUTIFCATION ADVISORY COMMITTEE. OBJECTIVE: That the Board approve the attached Resolution confirming the terms of office of the members of the Vanderbilt Beach Beautification MSTU Advisory Committee. CONSIDERATIONS: The Vanderbilt Beach Beautification MSTU Advisory Committee voted to assign terms to the members of the Advisory Committee at its February 7, 2002 meeting. ~To accomplish this, the County Attorney's Office drafted the attached Resolution for Board approval. FISCAL IMPACT: There is no fiscal impact for this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: That the Board accept the attached resolution confirming the terms of office of members to the Vanderbih Beach Beautification Advisory Committee. SUBMITTED BY: Bob Petersen. prO.lect Manager Transpo,~ation Operate, s Dep~j --- ) t)? '" Edx~'ard J] Kant. k>~I~portation Operations Director / ./ APPROVED BY: / I ~,.,..//. '/d.t~,--' DATE: ?To ~ Normat~. Feder, AICP TranslJortation Sen'ices Administrator 2002 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 RESOLUTION NO. 2002- A RESOLUTION CONFIRMING THE TERMS OF OFFICE OF MEMBERS TO THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, on .luty 31, 2001, the Board of County Commissioners adopted Collier County Ordinance No. 2001-43 creating the Vanderbilt Beach Beautification Municipal Services. Taxing Unit; and WHEREAS, Ordinance No. 2001-43 provides for the creation of the Vanderbilt Beach Beautification Advisory Committee to be composed of five (5) members that represent the area within the MS1-U; and WHEREAS, five members have been appointed to this Committee and those terms that have been set by the Committee members themselves require confirmation by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the terms of the members appointed to the Vanderbilt Beach Beautification Advisory Committee are confirmed by the Board as follows: MEMBER B.]. Savard-Boyer Carot Wright Frank Halas Alvin Doyle Martin, .lr. Dick Lydon TERM EXPIRES November 13, 2003 November 13, 2003 November 13, 2004 November 13, 2004 November 13, 2005 This Resolution adopted after motion, second and majority vote. 29 30 DATED: 31 32 ATTEST: 33 DWIGHT E. BROCK, Clerk 34 35 36 37 38 39 40 41 42 Approved as to form and 43 legal sufficiency: 44 45 41~," David C. Weigel 49 County Attorney "" 50 51 DCW/k: ;h;pubtic;kay;adv,bds. 52 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: -lAMES N. COLETTA, Chairman ~ AGE,>NDA iTE~ i JUN 2 5 2002 EXECUTIVE SUMMARY APPROVE A PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED TO ACQUIRE A 1.03 ACRE PARCEL OF LAND IN THE LELY LAKES SUBDIVISION AT A COST OF $8,110.50 FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT WHICH IS LOCATED WITHIN THE EAST NAPLES AREA. (Project No. 31101) OBJECTIVE: To approve a Purchase Agreement and accept a Warranty Deed for property located within an area designated by the Collier County Stormwater Department as the Lely Area Stormwater Improvement Project for the purpose of using the subject property as a staging area for equipment once construction commences in that area and for the future potential use of the property as a pond site. CONSIDERATION: Collier County has been pursuing the design and environmental permitting of a Regional Stormwater Management System for the East Naples Area which includes the areas assessed to be necessary for the Lely Area Stormwater Improvement Project. The acquisition of the subject property will serve the citizens and business sectors of Collier County and maintain compliance with the Growth Management Plan which exists to meet the demand of Collier County's growing population. This will be accomplished within the scope of the project by reducing the flooding potential and enabling Collier County to promote better water quality discharges into the estuaries near Rookery Bay. ' FISCAL IMPACT: The cost of the subject property will be $8,000.00. Staff estimates the cost ./.~n~of recording all documents will not exceed $10.50 and title work will be an additional $100.00 for "--'~ a total cost of $8,110.50. Funds are available in Fund 325 (1981 Water Management CIP). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Purchase Agreement and authorize the Chairman to execute same; (2) Accept the attached Warranty Deed; (3) Approve, execute and/or accept any other necessary closing documents related to this project, if any, once approved by the Office of the County Attorney; (4) Direct staff to record all appropriate documentation necessary to conclude this transaction; and (5) Authorize staff to prepare related Warrants for acquisition of this parcel. ! 2 5 2002 Executive Summary Lely Area Stormwater Improvement Project P. age 2 of 2 SUBMITTED BY: REVIEWED BY: '~,..c. ~--~--- DATE:;/ Hope Brack, Sen.,ior Property Acquisition Specialist .V~'n- He~:iric"k~, Right-Of-Way~l~ager. . Transportation Engineering Construction Management REVIEWED BY: ~~ ~' '~'""~ Robert Wiley, Princil~l Project Manager Stormwa~r Management Department .~,,,,'" : Norrffan Feder,'AICP, Administrator Transportation Division DATE: DATE: ~-/y;o 2..- ' AGEN. D~ ITF.~ ,~o._ i~_~ ~-~ IUN 2 § 2002 PROJECT #: 31101 PARCEL Ct: 1-805 FOLIO #: 00441720004 WARRANTY DEED THIS WARRANTY DEED is made this |_~b'" day of ~(.LC~-- , 2002, by ANNIE MONTGOMERY a/ida ANNIE RUTH MONTGOMERY, Individually and~as Personal Representative of the Estate of Walter Montgomery, Sr., Deceased (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Flodda, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN A HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. appurtenances thereto belonging or in AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of ail encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above wdtten. AS TO OWNER: DATED: -.~ -' ! 5 ~O ness (Signature) Name (Pnnt or Type) svvl.Ju~..~oi au ) ~&~ (~dnt or T~) ST, E OF COUNW OF; (affix notarial seal) -b~Cr My Commr'-.,~on CC~01510 '-,,,..~'~ E~re~jam~y12.20~4 ANNIE MONT(~OMERY a~k/a vi,) '- ANNIE RUTH MONTGOMERY, Individually and as Personal Representative of the Estate of Walter Montgomery, Sr., Deceased The foregoing Warranty Deed was acknowledged before me this ..'~"' day of ~'/'.,~V ,2002, by ANNIE MONTGOMERY a/k/a ANNIE RUTH MONTGOMERY,'-Individually '~d' as Personal Representative of the Estate of Walter Montgomery, Sr., Deceased, who is personally know to me or who has produced /5'.~,,~.7 as identification. (Signature of Notary Pub!ic) . (Pr~n't Name of Notary Public) NOTARY PUBLIC Serial/Commission #:~ My Commission Expire~L~.~'~ .':'/~:;~[~,~.. .JUN 2 5 2002 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 P.O.B. NW TWP, 50S, SKETCH OF DESCRIPTION NOT A SURVEY COR. SEC. 32, × S 89°38'10" E 300.00' P.O.B. N 89°38'10" W 300.00: PARCEL 1-805 ~ TAX PARCEL 14 ~1 ~ Z S 89°38'10" E 300.00 LEGAL DESCRIPTION GENERAL NOTES 1 } P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. =TOWNSHtP 5) RGE. = RANGE 6) ~ = RIGHT OF WAY 7} ALL DtSTANCES ARE IN FEET AND DECIMALS THEREO~ 8) NOT VALID UN=FSS SIGNED AND SEALED WiTH TH= EMBOSSED SEA_ OF A PRO~ESSIONAL LN~ID SURVEYOR COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02°48'30" W ALONG THE WEST LINE OF SAiD SECTION 32 1350.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02°48'30" W 150.00 FEET; THENCE S 890381 0" E 300,00 FEET; THENCE N 02°48'30" E 150.00 FEET; THENCE N 89°38'10' W 300.00' TO THE POINT OF BEGINNING. JUN 2 5 2~02 PREPARID ~. R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMtAMi TRAIL NAPLES, FLORIDA 34t 12 I NOT TO SCALE MAY 7, 2002 GWY824 SHEE-T- ! OF: PROJECT: 31101 PARCEL NO: ~-805 FOLIO NO: 00441720004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ,2002, by and between ANNIE MONTGOMERY allda/ ANNIE RUTH MONTGOMERY, Individually and as Personal Representative of the Estate of Walter Montgomery, Sr., Deceased, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $7,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for ail other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Flodda. Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by tt~is Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental Daws: that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner Purchase Agreement Page 2 has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10 If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacit;/ whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2002. Date Property acquisition approved by BCC: Purchase Agreement Page 3 AS TO PURCHASER: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Deputy Clerk BY: JAMES N. COLETTA, Chairman AS TO OWNER: /Witness (Signature) (Pnnt or Type) .~, . ./~y~ ~z~ Witness (Signature) ,? ,/Print or Type', ANNIE MONTGOMERY a/k/a ANNIE RUTH MONTGOMERY, Individually and as Personal Respresentative of the Estate of Walter Montgomery, Sr., Deceased (Signature) ~Sociai Security Number, Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIA.MI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.B. NW OCR. SEC. 32, TWP. 50S, RGE. 26E. .//' S 89°38'10' E 300.00 P.O.B. N 89°38'10`` W 300.0C i PARCEL 1-805 TAX PARCEL 14 Z: S 89=38'10'' E 300 C0 LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF SECTfON 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02°48'30" W ALONG THE WEST LINE OF SAID SECTfON 32 1350.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02°48'30" W 150.00 FEET; THENCE S 89°38'10`` E 300.00 FEET; THENCE N 02°48'30'' E 150.00 FEET; THENCE N 89c38'10" W 300.00' TO THE POINT OF BEGINNING. GENERAL NOTES 1)~.O.C. = POINT OF COMMENCEMENT 2)P.O.B= POINT OF BEGINNING 3) SEC. = SECTION 4) TW~. = TOWNSHIP 5) RGE = RANGE 6) R,W = RIG~'-¢7 OF ~NAY 7'r ALL D!STANCES ,&RE rN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SE~,L CF A PROFESSIONAL LAND SURVEYOR SCALE , Ju.4 2 ,.,,,.,. PREPARED ~¥: -- COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 MAY 7, 2002 i GWY824 S'~ES-'T 1 OF ~ EXECUTIVE SUMMARY AWARD RFP 02-3346 - STANDARDIZATION OF DECORATIVE COUNTY STREET LIGHTS TO CONSOLIDATED ELECTRIC DISTRIBUTORS, INC. OBJECTIVE: To adopt a standard Countywide decorative light fixture for MSTU and capital roadway projects. CONSIDERATIONS: Both MSTU Beautification Committees and private citizen interest groups throughout Collier County have fostered decorative lighting initiatives. Most recently, with the widening of the County roadway system, communities have been concerned with excessive levels of light spilling into neighborhoods rather than onto the roadways. The proposed decorative fixture is a "full cut-off" fixture which satisfies the design criteria set forth by FDOT, and directs light downward with minimum glare which satisfies the "Dark Sky" initiatives and reduces upward hemispheric radiation of the lamp output. In several parks, roadways, and County roadway projects, the bell-shaped luminaire has been used with various poles, arms and at various heights. It is referred to in Committees as the "Mediterra" fixture, which is a bell-shaped luminaire with a 6' arm and a 40' pole height. It has been selected, at lower mounting height, for use at the 1-75/Golden Gate Interchange and for use on Livingston Road - Phase II. The bell-shaped luminaire has been used on US41 East and throughout the Golden Gate Beautification MSTU. The proposed color is Sherwin Williams English Ivy Green satin finish to match new traffic si~m~al mast-arm installations along the rights- of-way. On February 5, 2002, RFP #02-3346 was advertised. There were 34 inquiries sent, and 10 vendors requested the full package. Two vendors (Architectural Area Lighting, Inc. and Lumec, Inc.) returned their RFP submittal by the due date of February 25, 2002 at 3 P.M. A staff Selection Committee was authorized to review, evaluate, and rank proposals based on delivery, price, ease of maintenance, and design (See attachment No. 1). By consensus of the Selection Committee, Consolidated Electric Distributors, Inc. was short-listed to supply decorative lighting for future roadway projects and retrofits. Subsequent to the selection committee's deliberations, the Purchasing Department received a protest of the award. A copy of the protest and the Purchasing Director's protest decision are enclosed. FISCAL IMPACT: The standard decorative lighting is to be selected for roadway projects where an MSTU or private entity has agreed to pay the difference in cost between the standard cobra head and the standard decorative fixture. The County has no plans at present to purchase decorative fixtures for any road project. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the , .. procurement of services. No._[& JUN Z 5 2002 Executive Summao' Award RFP 02-3346 - Standardization of Lighting Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners award RFP 02-3346 - Standardization of Decorative County Street lights to Consolidated Electric Distributors, Inc.; authorize Staff to negotiate a contract; and, authorize the Chairman to sign the standard County Attorney approved Agreement on behalf of the Board. SUBMITTED 'P/amela J. Lulich, A~, Landscape Operations Manager /// Steve (~amell, Purchasing Director REVIEWED BY: ./? APPROVED BY: Edward J.;Kan[,.P.E., Transportation Operations Director / ' Nofinan E. Feder, AICP, Transportation Administrator DATE: DATE: Attachments: Purchasing Director's Protest Decision Letter of Protest Pg~ ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (941) 774-8407 FAX (941) 732-0844 June 12, 2002 e-mail: stevecarnell~colliergov, net Mr. Ron Steedman, Manufacturers Representative Lumec Inc. c/o 1322 Southeast 35m Terrace Cape Coral, FL 33904 Re: Protest Decision, RFP 02-3346, Standardization of Decorative County Street Lights Dear Mr. Steedman: Tkis office has reviewed your protest of the recommended award pertaining to the referenced RFP. To facilitate an orderly review of your protest, the issues raised have been grouped as follows: t. That Collier County attempted to award the contract to a firm that did not submit a proposal. 2..Mleged defects in the proposal submitted by Consolidated Electric Distributors, Inc. (hereinafter referred to as "CED"). 3..Mleged evaluation errors by the selection committee. 4. Other Award Considerations. The following is a listing.of each issue raised and the findings of this office regarding each. ErroneouS'award recommendation. In the original award recommendation, Transportation staff recommended award to Architectural Area Lighting (hereinafter referred to AAL). Review of the actual proposals indicates that the proposal containing the AAL product was actually tendered by CED. The protest also included a footnoted comment indicating that neither CED/Raybro or Consolidated Electric Distributors, Inc. are listed as active with the Florida's Secretary of State's office. I,ikewise, there is no listing for Lumec, Inc., the named proposer on the Lumec declaration page. FINDINGS: T/frs office concurs with the protest on this claim. In order to select the intended proposal, award must be made to CED. With regard to the proposers status with the Secretary o£ State's Office, this was not an expressed requirement o£ the RFP. Further, the point would appear moot given the lack o£ listing for either o£ the actual proposers.. AGENr f, .~- ~..~-~ ,Mr. Ron Steeedman, Protest Decision, RFP 02-3346 Page 2 of 4 2. Alleged Defects in CED Proposed. The protestor cited the following as defects in the CED proposal: a. The failure to submit parts availability information. b. The refusal of AAL to submit an indication of a quality ccntrol process. c. The failure to correctly list project references. The CED proposal included parts-related information on page 6 of its proposal. With regard to the quality control process question, p. 6 of the RFP asked respondents "to indicate quality control process for which the components are certified (i.e.) ISO9002, ISO9001'. In apparent response to this requirement, the CED proposal includes a statement from AAL indicating that firm has not sought ISO certification, but instead indicated that written information regarding their operational practices was confidential. The letter also states that customers were free to visit an AAL site and review the manufacturing and documentation processes firsthand. Closer review of the RFP language quoted above reveals a closed parenthetical use of the abbreviation "i.e." preceding and separated from the reference to the specified ISO standard(s). I.E. is an abbreviation for the Latin term "id est", which is literally translated "that is". The question on this point then is this--Was the use of "i.e." intended to mandate ISO certification or simply offer it to prospective proposers as an example of possible certification information that could be supplied? In speaking with the purchasing agent who authored the language, she indicated that her intent was the latter. The RFP language in question, read in a vacuum apart from the balance of the document, could be interpreted to mean that the County was mandating ISO certification. However, the language is not written in a clear, declarative manner to that effect. Also, there are no other references to this reqUXrement anywhere else in the document, no indication of any specific consequences resulting from a failure to hold ISO or any other specific certification, no reference to or weighting of this in the evaluation criteria and nothing that clearly prohibits a proposer from offering alternatives to iSO certification such as what was offered by CED via AAL. In all likelihood, the term intended for use was "e.g." or "exempli gratia" meaning "for example". With' regard 'to. CED's listed project references, the entities named in the proposal appear indeed to be manufacturer's representatives rather than client representatives (the intended contacts). It should be noted that the term "project mangers" was not defined in the document. While the intended contacts were not listed, the names provided in the submittal could be contacted to obtain direct client contact information. FINDINGS: It is the findi'ng of this oflqce that the RFP did not clearly require proposers to hold any specific quality control certifications and that the reference information submitted by CED was sufficient in response to the requirements of the RFP. AGENDA ITEM jUN 2 5 2002 Mx. Ron Steeedman, Protest Decision, RFP 02-3346 Page 3 of 4 3. Alleged errors in the selection committee's evaluation process. The protest contends that the selection committee incorrectly computed the price of the Lumec product, though no specific evidence is offered in support of that contention. This office has reviewed the pricing information submitted by both firms and listened to the committee deliberations and determined the following: There is no evidence gleaned from the deliberations to substantiate that the selection committee misinterpreted the pricing information as tendered by both proposers. The members were not limited to a strict formulaic evaluation of the pricing reformation. Further, no prospective proposer formally questioned how pricing data would be evaluated prior to the submission of proposals. Lumec's price proposal had a number of variables, stipulations and potential contradictions. Among these including the statement "pole prices include arm and t' base" while then subsequently including a unit price for 6' and 8' foot arms and a statement in all capital letters that "ASSEMBLY PRICING CAN BE OBTAINED BY ADDING THE POLE, LU-MINAIRE, AND AP~¥I", implying that each of the three line items is to be added together to calculate assembly costs. Additionally, the Lumec price proposal included several price variations on the luminaire line items. The net result of this was that individual committee members found the Lumec pricing confusing, which contributed in part to CED receiving a higher score on this criterion. FINDLN'GS: T~Se committee was within i~s pur~ew to exercise discretion and judgment in s¢orin~ the price proposals based on the information submitted in the proposals. The protest also objects to the fact that the CED proposal included an analysis previously provided by a County consultant entitled "Opposite Lighting Configuration (Both Sides of Roadway)". The protest raises questions as to why this was included in the proposal and challenges the veracity of the data. In speaking with the author of the document, he advised that both manufacturers were provided with a copy of the analysis. He further explained that the information was drafted separate and apar~ from the RFP solicitation itself (the consultant was engaged to provide roadway design work for other projects) for the expressed purpose of comparing standard "Cobra head" street lighting versus decorative configurations. The information gathered from that document was used t~ justify creating a decorative lighting standard (hence, the issuance of the RFP). The author of the document indicated that the information was not intended to compare the decorative vendors directly. Various Transportation staff members offered a similar explanation for the document. Each of the committee members interviewed indicated that they did not view the information as relevant to the evaluation of the competing proposals. The proposal does not appear to make any claims regarding the data and the protest does not identify any specific claims specifically asserted by the proposer concerning the data. FINDINGS: Given the facts cited above and given the selection committee did not appear to given weight to this information during its deliberations, the issue of the inclusion of this document in the CED would appear moot. Mr. Ron Steeedman, Protest Decision, RFP 02-3346 Page 4 of 4 '4. Other Award Considerations. The protest contends that Lumec has several operational advantages over CED, including a "tool free door", the avoidance of "field drilling" and potential problems with retrofitting AAL product. The committee focused significant attention on installation and maintenance-related considerations and ultimately found the AAL product to be easier to access and maintain safely in the field and accordingly, recommended it for selection. The protest also asserts Lumec has many more product installations in CoLlier County than AAL. The protest does not indicate or quantify in any way the significance of this to Collier County. FINDINGS: The published evaluation criteria did not include the volume or quantity of local installations. Hence, it would not generally be appropriate to make this part of the evaluation process after the fact. PROTEST DECISION: The protest filed by Lumec, Inc. is labeled "Bid Protest". It is important to note that the sohcitation in question was not under the sealed bid process where award is made to the lowest, qu~]i6ed and responsive bidder. Rather, it was pursuant to the Request for Proposals method where selection is made based on the best overall proposal measured against pubhshed evaluation criteria apphed by individual committee members, who in turn del/berate and reach a consensus as to the selection. The RFP method is designed to g~ve the evaluators more discretion in the selection process. This office has reviewed the arguments presented in the protest and has hereby determined the fo]lowing: 1. The award recommendation must be modified to name the intended aw~dee, Consolidated Electric Distributors, Inc. 2. The alleged defective items in the CED proposal did not give the proposer an undue advantage 3. The selection committee acted within its purv;~ew in conducting the evaluation. Hence, it is the decision of this office to proceed forward with award of the RFP to the intended .firm (Consolidated Electric Distributors, Inc). Under section XVIII.C of the County's purchasing' policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection within two business days from the date of receipt of this decision. Sincerely, Steve Carnell, Purchasing/General Services Director cc: Ed Kant, Transportation Operations Director AGEND,& ITE~'~] VEZINA, LAWRENCE &: PISCITELLI, P.A. 31S NORTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (850) 224-6205 FACSIMILE (850) 224-1353 PLEASE REPLY TO: Fort Lauderdale May 10, 2002 3~O EAST LAS OLAca BOULEVARD SUITE 1130 FORT LAUDEROALE, FLORIDA 33301 TELEPHONE (9S4) 72B-12"/0 FACSIMILE (954) 728-1271 Stephen Y. Camell Purchasing/General Services Director Collier County Government 3301 East Tamiami Trail Naples, FL 34112 RFP 02-3346 - Bid Protest Our File No. 741-01 Dear Mr, Carnell: Enclosed please find the formal bid protest submitted on behalfofLumec, Inc. We trust the County will give this matter due consideration and anticipate a reversal of the unfortunate decision of the selection con'Lrnittee. If we can provide you with any additional infO. n, do not hesitate to contact us. ~Vlike Piscitei i Vezina, Lawrence & Piscitelli, P.A. MP/jm Enclosures cc:R.J. Steedman AGENDA ITEA No i~,-~ \i JUN 2 5 BID PROTEST Lumec, Inc. submits its formal protest of the County's recommendation to award a contract for standardized decorative street lights to Architectural Area Lighting, Inc. ("AAL"). The proposed award is arbitrary and capricious, based upon false information and contrary to both the bid documents and Florida law. Specifically, the County may not award to AAL because A. AL did not submit a proposal. Further, the evaluators improperly calculated the comparative costs of the two proposals received and erroneously determined that AAL had a cost advantage over Lumec; the evaluators relied upon an erroneous chart prepared by county consultants which somehow found its way into the competing proposal and the evaluators ignored the fact that several other elements of the competing proposal were non-responsive. In accord with Paragraph D of the County's protest of bid or proposal award procedure, Lumec provides the following: 1. Connty agencies affected, bid number and title: Landscape operations and transportation operations; RFP 02-3346-Standardization of Decorative County street lights. 2. Protesting party: Lumec, Inc., c/o Ronald J. Steedman, Manufacturer's Representative, 1322 Southeast 35'h Terrace, Cape Coral, Florida 33904. 3. Disputed issues of material fact: A. Whether the pricing evaluation was properly performed. B. Whether the evaluators were misinformed as to the presence of other AAL installations in the county. Page 1 of 9 C. Whether the spacings chart included in the competing proposal was accurate. D. How a spacing chart, which was originally prepared for Collier County, came to be a part of the competing proposal. E. Whether the competing proposal properly met the requirement of indicating a quality control process for which the components were certified. F. Whether the competing proposal's list of roadway projects included the required references to project managers. G. Whether the competing proposal addressed parts availability. H. Whether the evaluators properly considered installation and maintenance issues. 4. Entitlement to Relief: Controlling Legal Issue The two proposals received on this project were submitted by Lumec, Inc. ("Lumec") and Consolidated Electric Distributors/Raybro Electric ("CED/Raybro").~ Inexplicably, the County intends to award to a non-proposer, Architectural Area Lighting, Inc. ("AAL"). AAL was apparently intended to be a supplier to CED/Raybro. As a matter of law, this intent to award is improper. This exact issue was considered by the Florida Division of Administrative Hearings in Team Nursing Services v. Department of Health & Rehabilitative Services, DOAH Case No. 90- 5937BID (copies of cases cited are attached). In that case, I-IRS sought proposals for supplementary ~ Neither CED/Raybro entity is listed as an active concern with the Florida Secretary of State's office. There is an inactive corporation named Raybro Electric Supplies which last filed an annual report in 1991. There is no Consohdated Electric Distributors, Inc., but there is a Consolidated Electrical Distributors, Inc., which is active. Page 2 of 9 nursing services at a state hospital. The agency posted a notice of intent to award to Unity Healthcare Holding Company, a non-bidder. Apparently that company was an affiliate of Unity Staffing Services, Inc., which did submit a proposal. The hearing officer concluded as a matter of law that "the respondent's proposed award of this contract to a non-bidder...is also arbitrary, capricious and unreasonable." Similarly, the County's intent to award the instant proposal to a non- bidder is arbitrary, capricious, unreasonable and unlawful. The Team Nursing order is in accord with Florida precedent which evolved in the context of standing to challenge procurement decisions. In Brasfield & Gorrie General Contractor, Inc. v. Aiax Construction (~o., Inc. of Tallahassee, 627 So. 2d 1200 (Fla. 1" DCA 1994), the court considered whether one partner to a joint venture bidder had the standing to protest award of the bid to a competitor. The court found it did not. Significant to the instant issue is the court's predicate for that determination: A non-bidder, who is not and cannot potentially be a party to the contract with the public body, is not entitled to the relief of either an award of the contract, or a re-bid. Id. at 1203. Similarly, here, AAL as a non-bidder is not entitled to either an award of the contract or a re-bid. The Brasfield & Oome decision relied upon an earlier decision in Fort Howard Company v. The Department of Management Services of the State of Flor/d~. 624 So. 2d 783 (Fla. l '~ DCA 1993). There, Fort Howard was a supplier of towels for two vendors submitting bids to DMS. As in Brasfield & Gorrie, the court held that Fort Howard did not have standing to file a bid protest because "it is not, and can never be, a contractee with the state in the circumstances presented here." Id. at 785 n.2. Accord, .Westinghouse Electric Corp. v. Jacksonville Transportation Authori _ty, 491 Page 3 of 9 AGENDA IT£M No. tJ I .JUN 2 5 20 2 So. 2d 1238 (Fla. 1st DCA 1986). Likewise, AAL cannot be a contractee because it did not submit a proposal. The requirement that the contract be issued only to proposers is mirrored in the bid documents issued for the instant project. For example, the County apparently felt it important to know what litigation the proposer was involved in over the past five years. You do not have that information for AAL. You also do not have information as to whether AAL failed to complete a project or its bank reference. Perhaps more troubling, you do not have AAL's declaration statement. Conversely, CED/Raybro failed to provide a list o fits own representative projects, including, instead, a list of A. AL projects. Further, CED/Raybro failed to meet the requirement "to give a presentation to the selection committee on the product during the RFP process." RFP, pg. 5. The County's Procurement Code also does not support award to a non-proposer. Section VIII, which deals with competitive proposals, references to Section VI, Competitive Bid Process, with some deviations not relevant here. Section VI (F) states that: "A formal contract shall be awarded...to the lowest qualified and responsive bidder." Thus, the award may only go to a bidder, or in this case proposer, and not to a stranger to the process. The bottom line is that the County may not award to AAL because it is not a proposer. The County may not award to CED/Raybro because it did not meet the terms of the request for proposal. Only one proposer was responsive, and that is Lumec. Factual Issues Lumec has been furnishing decorative lighting fixtures for Collier County projects since early 1993. Lumec furnished Collier County over two hundred Lumec "Domus" Series Fixtures, the bell- shaped Luminaire under consideration here, and furnished an additional two hundred plus other Page 4of 9 1 ~q0.~ I fixtures to the County. In addition, Lumec has furnished hundreds of fixtures to the City of Naples including well over one hundred of the Domus type. Hundreds more fixture assemblies are placed throughout Southwest Florida. Lumec is a major supplier to municipalities and electrical utihties due in great part to product quality. By contrast, there is not a single AAL "Universe" fixture existing on any County project nor on any City of Naples project. We are unaware of a single installation of this product throughout Southwest and Central Florida and the CED/Raybro proposal includes no references to indicate otherwise. This broad disparity in experience did not appear to be understood by the evaluators. Rather, comments made by the selection committee indicated a behef that AAL and Lumec each had prevalent fixtures in the Count)'. That is far from the truth. This experience factor also will be implicated when retro fits are necessary in the future. The AAL fixture does not mount in the same manner as the Lumec, and so cannot be used for retro fit on a Lumec pole. All of these factors lead inexorably to the conclusion that the only logical course for the County to standardize decorative street lights is to use Lumec products. Because Lumec is the product already in place, it is the standard. Turning to AAL will have the opposite effect from standardization. In relation to the actual evaluation process, there were several anomalies. The most startling was an apparent misunderstanding of the pricing submittals. The evaluators did not understand that the Lumec pole item includes the arm, while the competing proposal's pole item does not include the arm. That misunderstanding resulted in an improper calculation of the cost of an assembly. The Page 5 of 9 AGENDA ~ no. I~.~ JUN 2 5 . Pg' following chart correctly indicates the pricing as reflected in the proposals fi.om Lumec and CED/Raybro. 40' pole, a00 MI-I, 35' pole, 400 MH 30' pole, 250 MH 25' pole, 250 MH Complete Assemblies2 L~Tl~c CED/Raybro Lumec CED/Raybro Lumec CED/Raybro Lumec CED/Raybro $2,053 ($1433 + $620) $2,300 ($1285 + $302 + $713) $1,885 ($1265 + $620) $2,106 ($1091 + $302 + $713) $1,785 ($1175 + $610) $1,921 ($906 + $302 + $713) $1,750 ($1140 + $610) $1,747 ($732 + $302 + $713) 25' assemblies. as low as 25'. In reality, the only price advantage that CED/Raybro has over Lumec is a $3 difference on Note that there are no poles used for roadway lighting in Collier County which are Therefore, that unit should be disregarded. Lumec's price advantage on other assemblies is substantial. This item alone, when corrected, would reverse the outcome of the matrix analysis and result in a consensus award to Lumec? In addition to pricing, the evaluators apparently relied upon a misleading chart prepared by WiisonMiller Engineering for the Count, which was incongruously included in the CED/Raybro proposal. The chart is meaningless as it does not establish required criteria such as roadway vridth and characteristics and does not investigate alternative optical systems available. By way of example, the Lumec decorative fixtures currently existing on Livingston Road are spaced approximately 260' apart while the chart indicates maximum spacing for Lumec of 181'. Further, ~ This chart assumes that 35' and 45' poles will require higher wattage and the remote ballasted metal halide fixtures will be used. 3 Replacement fixtures and replacement arms are individually priced and are also more cost effective from Lumec. Page 6 of 9 25209 Lumec's photometric analysis for the Livingston Road Phase II project, which is currently under design, indicates that spacing for the Lumec fixture there would be significantly greater than for the CED/Raybro proposed fixture, resulting in fewer fixtures and a lower unit cost. Comments at the selection committee meeting of May 3~ suggested that this chart figured heavily into the evaluators' consideration of"design quality," a factor on which Lumec consistently was scored lower than CED/Raybro. Apparently, the evaluation was significantly impacted by this patently misleading document. To exacerbate the problem, Lumec was not provided with a copy of the chart in advance so that it could be prepared to respond to its inadequacies. Obviously, CED/Raybro was provided with the chart which it chose to include in its package. Finally, on this issue, with all due respect it is well known that the chart's author, Mr. Kenley of Wilson Miller, has no lighting background. Consequently, he does not have the experience to ascertain the best optical system to use. The following additional issues should be considered: a. The RFP stated that each proposer "shall include" an indication of a quality control process for which the components are certified. CED/Raybro refused to do so, instead providing a letter from AAL stating "we do not publish our operational or manufacturing practices for public dissemination. AAL has never pursued an ISO 9001 certification as we found ISO to be about documentation, not good processes." The Lumec proposal is in stark contrast, stating "Lumec is ISO 9002 certified. They were, in fact, the first ISO certified manufacturer of outdoor lighting products in North America." Obviously, certification was important to the County as it was included in the request for proposal. CED/Raybro's proposal was non-responsive on that issue. Page 7 of 9 b. The RFP requested representative projects including the names of the project managers. The CED/Raybro proposal named only manufacturer's representatives for AAL, not project managers. Certainly, the intent of the request was so the County could check with other owners familiar with the proposer's work. representatives is hardly the same. C. Checking with the proposer's own manufacturer CED/Raybro failed to address replacement part availabihty as required by the The fitter detail included on the AAL specification indicates that field drilling is required. The Lumec product requires no field drilling. Field drilling is an invitation for problems related both to the integrity of the installation and liability in the event of failure. e. The evaluators did not appear to recognize the maintenance advantage provided by the Lumec fixture's tool free door. The door was developed in conjunction with major municipal and utility users to allow quick and easy access to the lamp. This feature was not evaluated in its normal installed position and so its value was overlooked. The AAL fixture requires three screws to be removed for access which adds significant time to maintenance. 5. Demand for Relief: Lumec requests that the Countywithdraw its notice of intent to award to non-proposer AA.L, reject the non-responsive proposal of CED/Raybro and notice its intent to award to Lumec. 6. Other Material Information: Lumec's local manufacturer's representative, Ronald J. Steedman, has been personally involved in numerous decorative street lighting projects in Collier County and throughout Southwest Florida. Lumec has been the product of choice for many years here, being successfully Page 8 of 9 installed and utilized by Collier County, the City of Naples and the Florida Department of Transportation. A change of suppliers at this juncture will necessarily cause maintenance and retro fit problems. There is no offsetting advantage to the County for such problems, as Lumec is the less expensive product and the more available product. Simply stated, Lumec has advantages over AAL; AAL has no advantages over Lumec. Page 9 of 9 AGE. N:';-~, !~M No. ' .JUN 2 STATE OF FLCRIDA DIVISION OF ;GDMiNISTR~TiVE HEARINGS TEAM NL'RSING SERVICES, Petitioner, vs. DEPAR/D4ENT OF HEALTH AND REi-LABILITATIVE SERVICES, Respcndent, and Q~ITY STAFFING SERVICES, INC., Intervencr. CASE NO. 90-5937 BID RECOY34ENDED ORDER The final hearing in this case was held cn October 25, 1990, in Ft. Lauderdale, Florida, before Donald D. Corm, Hearing Officer, Division cf Administrative Hearings. AP PEA.~ANCES For Petitioner: Jack LaMarr, Esquire 1777 South Andrews Avenue Suite 203 Ft. Lauderdale, Florida 33315 For Respondent: Colleen A. Donahue, Esquire District !0 Legal Office 201 West Broward Blvd. Room 513 Ft. Lauderdale, Florida 33301-1885 For Intervenor: Alan Spector, Administrator Unity Staffing Services, Inc. One Oakwood Boulevard Suite 210 Hollywood, Florida 33020 STATEMF~T OF THE ISSUE The issue in this case is whether Team Nursing Services (Petitioner) should be awarded the contract for services under RFP-595-561, or whether ali bids should be rejected by the Department of Health and Rehabilitative Services (Respondent). PRELIMINARY STATEMENT At the commencement of the hearin9, the parties agreed to the introduction 'cf eight joint composite exhibits. The Petitioner also introduced one e~hibit, and two exhibits were received on behalf of the Intervenor. Alan Spector testified on behalf of the Intervenor. No transcript of the hearing was filed. The parties were allowed to file proposed recommended orders, including proposed findings of fact, within ten days following the hearing. A ruling on timely filed proposed findings of fact are contained in the Appendix to this Recommended Order. FINDINGS OF FACT !. On or about March 30, 1990, the Respondent sought proposals for supplementary nursing services at South Florida State Hospital, Pembroke Pines, Florida, through RFP-595-561. 2. The responses to this RFP were to be received by 1:00 P.M. on April 27, 1990, by a designated individual at a specific location set forth in the RFP, with the response opening to occur immediately thereafter. The Petitioner and In~ervenor timely filed responses to this RFP. 3. As part cf the proposal rating sheet set forth in the RFP, a "fatal items checklist" was included, along with the snatement that, "A 'NO' to any cf the following requirements will automatically remove the proposal from further consideration." 4. Item 4 of the "fatal items checklist "poses the q~estion, "Did the prcDoser submit proof of liability and workers' compensation insurance, which ~ncluded insurer name, address, phone number, policy number, policy effective and expiration date." 5. Gn or about May 16, 199C, the Respondent notified all entities that filed a respcnse to this RFP cf its intent ~o award this contract for se~zlces to Unity Healthcare Holding Company, a non-bidder, and thereafter ~eni%icner timely filed ~ts notice of pro,est concerning this award. Petiticner claims that its response should not have been deemed nonresponsive for failure to include evidence cf insurance, and that either Intervenor's response should also be deemed ncnrespcnsive, or that both should be considered and the award made to Petitioner. 6. in pertinent part, RFP-595-561 states that any provider responding to this RFP "must submit proof of current liability and workers' compensation insurance" (Section B-l-d-l-f at page 3 of Joint Exhibit 1), the Respondent reserves the right to reject any and all proposals or waive minor irregu!ari~ies not having a significant adverse effect on overall competitlon, cost or performance, when in the best interest of the State (Section B-2-i at page 7), each provider must submit evidence of organizational capability, including a table of organization, a synopsis of its corporate qualifications, and a copy of its most recen~ financial statement or audit (Section C-5 at pa~e 12), and specifies that the award recommendation will be based upon a point scoring evaluation of each proposal in the three general categories of project understanding, organizational capacity, and cost analysis (Section D at page 13, and Attachment VI at pages 34-35). 7. There is no dispute that Petitioner failed to include a copy of its liability and workers' compensation insurance coverage at the time it filed its response, and that this is listed as a "fatal item". The parties have stipulated that a representative of Petitioner arrived at the place designated for filing of responses at 12:40 P.M. on April 27, 1990, the date specified for filing of responses, but that the person designated in the RFP to receive responses was not at that location. It was further stipulated chat Petitioner's representative searched for the person designated to receive responses until 12:58 P.M., when that person was located, and the Petitioner thereupon filed its response. However, Petitioner argues that this delay in finding the designated person to receive its response caused it to fail to notice that a copy of its insurance coverage was not included in its response. Petitioner urges that if the designated person had been at the proper location at 12:40 P.M. when Petitioner arrived to file its response, they could have looked over the response and found this deficiency, which could then have been corrected. 8. while it is recognized that Petitioner has been the provider of the services which are the subject of the RFP at issue in this case, nevertheless, there is nc evidence in this record that it had liability and workers' compensation insurance coverage, which complies with the requirements of this RFP, when responses were opened on April 27, 1990. The Petitioner offered no additional evidence on this point at hearing, and therefore, it is found that the Respondent properly determined that Petitioner was nonresponsive to this RFP since it failed to comply with a provision which was specifically designated a "fatal item", and which therefore could ncr be waived as a minor irregu!arlty. The argument which Petitioner presented attributing its failure to the actions of the Respondent's representative is ntt persuasive since it is purely speculative, unsupported by any evidence in the record, and is an unwarranted attempy to shift the respcnsibilty for compiling and filing a response to an RFP from a potential bidder tc the agency requesting proposals, a position for which there is no support in law or fact. 9. The evidence presented at hearing concerning Intervenor's response to this RFP establishes that ~ts response must also be rejected as nonrespcnsive. Inte~zenor, Unity Staffing Se~'ices, is the entity which filed this response, hut the liability and workers' compensation insurance coverage which was ~nc!uded in this response was issued to Unity Placement Services, in:., and not to the internzenor. Evidence offered a~ hearing by Intervenor that it, Unity Staffing Services, inc., has the required insurance coverage is unpersuasive since this certificate of insurance bears an issue date cf July 26, 1990, approximately three months after the deadline for filing of responses to this RFP. !0. Additionally, the name of the vendor shown cn Intervenor's Form PUR:7033 is Unity Healthcare Holding Company, Inc., ntt tntervenor, and it was tc Unity Healthcare Holding Company, Inc., that Respondent intended to award this contract (Joint Exhibit 5) . Neither Unity Healthcare Holding Company, inc., nor Unity Placement Services, Inc., are registered with the Department of Business Regulation to operate as a health care services pool in the State of Florida (Joint Exhibit 6). It is, therefore, apparent that the Respondent erroneously proposed to award this contract to a non-bidder, Unity Healthcare Holding Company, a distinct and separate entity from Unity Placement Services, Inc., and Intervenor, Unity Staffing Services, !nc., the actual bidder in this case. 11. it is found that it would be in the best interest of the State for the Respondent to reject all responses received to RFP-595-561, and to reissue this RFP for supplementary nursing services at South Florida State Hospital. CONCLUSIONS OF LAW 12. The Division of Administrative Hearings has jurisdiction over the parties, and the subject matter in this cause. Sections 120.53(5) and 120.57(1), Florida Statutes. 13. It is well established that in the award of contracts, an agency has wide discretion, and its exercise of that discretion will not be overturned unless it is arbitrary or capricious, or evidences the agency's bad faith. Department of Transportation v. Groves-Watkins Contractors, 530 So.2d 912, 914 (Fla. !988); Baxter's Asphalt and Concrete, Inc. v. Department of Transportation, 475 $o.2d 1284 (Fla. 1st DCA 1985); Capelletti Brothers v. Department of General Services, 432 So.2d 1359 (Fla. 1st DCA 1983); Liberty County v. Baxter's Asphalt and Concrete, Inc., 421 So.2d 505 (Fla. 1982); Wood- Hopkins Contracting Co. v. Roger J. Au and Son, Inc., 354 So.2d 446 (Fla. 1st DCA 1978) . Agencies do not have unJDridled dzscretion, however, and must act in a reasonable marnner in the award of contracts. Couch Construction Co. v. Department of Transportation, 361 So.2d 172, 175 (Fla. 1st DCA 1978). 14. These basic principles governing review of an agency's bidding practices have been directly appi~ed ~o the ac~aisicion of services through the request for proposal process authorized by Sections 287.057(2) and (3), Florida Statutes. In System Development Co~.~oration v. Department of Health and Rehabilltatzve Services, 423 So.2d 433 {Fla. 1st DCA 1982), the Court described a red, est for proposal as a flexible means cf identifying a problem and re~aesting a solution, but applied the standard of "arbi%rary or capricious" in its review of the agency's award of a services contract, and stated: So long as a pu~blic agency acts in good faith, even though they may reach a conclusion on facts upon which reasonable men may differ, the courts wlll not generally interfere with their judgment, even though the decision reached may appear to some persons ~o be erroneous. As long as an agency's decision is made in good faith, its exercise of discretion will generally not be interfered with if it reaches a conclusion on facts upon which reasonable men may differ. South Florida Limousines, Inc. v. Broward County Aviation Department, 512 So.2d 1059, 1062 (Fla. 4th DCA 1987). 15. In Agrico Chemical Company v. Department of Environmental Re~lation, 365 So.2d 759, 763 (Fla. 1st DCA 1978), relevant terms were defined as follows: A capricious action is one which is taken without thought or reason or irrationally. ~,n arbitrary decision is one not supported by facts or logic, or despotic. Administrative discretion must be reasoned and based on competent substantial evidence. Competent substantial evidence has been described as such evidence as a reasonable person would accept as adecfuate to suppor~ a conclusion. pg. ~_ 16. The record of competent substantial evidence in this case establishes that the Respondent properly exercised its discretion in rejecting the Petitioner's proposal since it did not include evidence of liability and workers' compensation insurance, and was therefore nonresponsive. However, the Respondent had no basis upon which it could accept the Intervenor's proposal, which was similarly deficient. To treat two bidders in such a disparate manner would constitute arbitrary and capricious agency action since such action cannot be supported by fact or logic. The Respondent should have rejected both responses, and sought additional proposals in the best interest of the State. Finally, the Respondent's proposed award of this contract to a non-bidder, Unity Healthcare Holding Company, is also arbitrary, capricious and unreasonable RECOMMENDATION Based on the foregoing, it is recommended that the Respondent enter a Final Order rejecting all responses received to RFP-595-561, and reissuing this tepees5 for proposals. DONE AND ENTERED this County, Florida. 14th day of November, 1990, in Tallahassee, Leon DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the D:vision of Administrative Hearings ~h:s 14th day of Nover~er, 1990. APPENDIX Rulings on the Petitioner's Proposed Findings of Fact; 1 Adopted in Finding 5. 2-3 Adopted in Finding 9. 4 Adopted in Finding 10. 5 Rejected as irrelevant to the issue in this case. Rulings on the Respondent's Proposed Findings of Fact: 1 Adopted in Finding 1. 2 Adopted in Findings 4, 6. 3-4 Adopted in Finding 2. 5 Adopted in Finding 7. 6 Adopted in Findings 5, 7 Adopted in Findings 9, 10. 8 Adopted in Finding 9. 9 Adopted in Finding 5. Pg ,-2_ 1 lC 11 12 Adopted in Finding 8. Adopted in Findings 5, 9, 10. Adopted in Findings 9, 10. The Intervenor did not file Proposed Findings of Fact. Copy furnished: Colleen Donahue, Esquire District 10 Legal Office 201 West Broward Boulevard Room 513 Ft. Lauderdale, FL 33301-1885 Jack LaMarr, Esquire 1777 South Andrews Avenue Suite 203 Ft. Lauderdale, FL 33316 Alan Spector, Administrator Uni%y Staffing Services, Inc. Cne Oakwood Boulevard Suite 210 Hoil~wocd, FL 33020 R. Sam Power, Agency Clerk 1323 winewood Blvd. Tallahassee, FL 32399-07~0 Linda Karris, Acting General Counsel 1323 Winewood Blvd. Tallahassee, FL 32399-07,S0 Grecor-z Coler, Secretary 1323 winewood Blvd. Tallahassee, FL 32399-0700 NOTICE OF RIGHT TO SUBMIT EXCEPTIONS Ail parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the Final Order ~n this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case. 627 So.2d 1200 15 Fla. L. '~Veekly D2537 (Cite as: 627 So.2d 1200) Page I District Court of Appeal or' Florida, First District. to assure that party has personal stake in outcome so that it will adequately represent interest it asserts. BRASFIELD & GORRIE GENERAL CONTRACTOR, INC. and City of Tallahassee, Appellants, V. AJAX CONSTRUCTION CONIPANY, INC., OF TALLAHASSEE, Appellee. CITY OF TALLAHASSEE, Appellant, V. AJAX CONSTRUCTION COMPANY, INC. OF TALLAHASSEE and Brasfield & Gorrie. General Contractor, Inc., Appellees. Nos. 93-2820, 93-2759. Dec. 1. 1993. Rehearings Denied Jan. I0, I994. Contractor filed action against city for injunctive relief seeking to challenge city's award of contract to build parking facility. The Circuit Court, Leon County. F.E. Steinmeyer, J., enjoined city from entering into contract with successful bidder at amount less than original bid accepted by city. Appeal was taken. The District Court of Appeal. Davis, J., held that: (l) contractor's failure to submit bid precluded relief of award of contract or re-bid and. thus, contractor lacked standing to cnallcnge bidding process used by city, and (211 assuming contractor had standing, city did not abuse its wide discretion to solicit and accept bids for public improvements by awarding bid, and then further negotiating with successful bidder. [2] Municipal Corporations ~==336(1) 268k336(1) Contractor's failure to submit bid on contract for construction of city parking facility precluded relief of award of contract or re-bid and. thus, contractor lacked standing to challenge bidding process used by city, especially absent evidence indicating that contractor could have secured and performed contract on any re-bid. [3] Public Contracts 316Ak5.1 Nonbidder on public contract, who is not and cannot potentially be party to contract with public body, is not entitled to relief of either award of contract or re-bid. [4] Municipal Corporations <i:=='336(I) 268k336tl) City did not abuse its wide discretion to solicit and accept bids for public improvements by awarding bid for contract to build parking facility, and then further negotiating with successful bidder, in light of city's express reservation of right to reject any part of any bid and to award purchase in best interest city. *1201 Dominic Caparello, Michael G. Maids of Messer, Vickers, Caparello, Madsen, Lewis. Goldman & Metz, P.A., Tallahassee, for appellant/' City. of Tatlahassee. Reversed and remanded. West Headnotes Hume F. Coleman and Susan L. Turner of Holland & Knight, Tallabassee, for appellant/Brasfield & Gorrie. [1] Action 13k13 [1] Adrrdnistrative Law and Procedure (~::'450.1 15Ak450.1 Reason for requiring standing to participate in judicial or administrative proceeding is to ensure that party has sufficient interest in outcome of litigation to warrant court's entertaining of suit, and Copt. © West 2002 No Claim to Davisson F. Dunlap, Jr. and Bruce Culpepper of Pennington, Haben, Wilkinson, Culpepper, Dunlap, Dunbar, Richmond & French, P.A., Tallahassee, for appellee/Ajax. DAVIS, Judge. The City of Tallahassee and Brasfield & Gorrie (Brasfield) have appealed a trial court order enjoining the City from entering into ' Orig. U.S. Govt. 2§ 2002/ 627 So.2d 1200 (Cite as: 627 So.2d 1200, '1201) Page 2 contract with Brasfield at an amount less than that contained in Brasfield's original bid on the contract. We reverse and remand with directions that the in3unction be vacated. In June 1993, the City issued an Invitation to Bid (ITB) for the construction of a downtown parking garage and plaza. Seven bids were filed in response to the ITB, including bids by Brasfield and Ajax Construction Co. as a joint venture partner with Florida Developers, Inc. (A/F). The City. then ranked the bids, assigning points based on the amount of the bid. and on Minority and Women's Business Enterprise (M/WBE) participation. Brasfield had the highest number of points, having made the lowest bid. Although A/F submitted the second lowest bid, it received no *I;WBE points and thus had the lowest overall ranking by point total. .','one of the seven bids received by the City were within its projected budget for the project. On June 30, 1993, the City indicated its intent to award the contract to Brasfield. By letter of July 1, t993, A/F stated ~,ts intent to protest tt',e award pursuant to section 3.18 of the City's "Administrative Policies and Procedures ManuaF (Manual). A/F primarily disputed the City's calculation of its M/WBE points. On luly 7. 1993, the City approved '1202 Brasfield's selection as low bidder, and authorized negotiations in an attempt to bring Brasfield's bid price within the City's originally projected budget. On July 8, 1993, A:'F filed a formal bid protest with the Department of General Services (DGS). The protest focused primarily on the City's evaluation of A/F's M/WBE qualifications, but also raised the City's negotiations with Brasfield after announcing its intent to award the contract. A/F claimed that the negotiations improperly denied it the opportunity to bid on the project alter any adjustments in its scope and sought either the award of the contract, or a re-bid incorporating the changes made in the negotiations. DGS rejected A/F's protest on July 13. 1993. Although section 3.18 of the Manual provided tbr an appeal of the ruling to the City Manager within 72 hours, A/F did not pursue such an appeal. Rather, on August 11, 1993. Ajax Construction Co. (Ajax) alone filed the instant complaint for injunctive relief. Ajax's complaint alleged the same two grounds for Copr. ~' West 2002 No Claim to relief alleged in A/F's formal bid protest, to wit: t) erroneous evaluation by the City of Ajax's M/WBE status, and 2) the City's misuse of its competitive bidding process to select a low bidder with whom to fl~rther negotiate. Ajax sought temporary and permanent injunction against both continued negotiations with. and award of the contract to, Brasfield, as well as a declaration that the City misapplied its M/WBE policy, giving Ajax the highest point total and entitling it to an award of the contract. The City responded to the complaint, alleging that Ajax could not meet two of the requirements t'or the granting of a temporary injunction, to wit: 1) a clear legal right to relief, and 2) substantial likelihood of success on the merits of its claim that the City had misused its bid process. As to the former requirement, the City argued that Ajax had no standing to prosecute the claim in the absence of the joint venture panner (Florida Developers, Inc.) with whom .ajax had bid on the contract. As to the latter, the City argued that there was no evidence that it had acted arbitrarily, capriciously. fraudulently or illegally in its handling of the bid process. The trial court heard the complaint on August 20, 1993. Ajax conceded that the absence of its joint venture parmer precluded an award of the contract to it. It nevertheless maintained that, because it was a "general contractor in Tallahassee," it had st=ding to challenge the City's alleged depa~ware from its stated bidding procedures. The trial court agreed that the absence of Florida Developers, Inc. from the suit precluded 'affirmative relief,' but found that Ajax had standing to challenge the City's bid process based on its stares as I) a general contractor engaged in commercial general contracting in Tallahassee, and 2) a parmer in a joint venture which bid on the project. Ajax proceeded to argue that the City's bid policies did not permit its use of the process merely to select a company with whom to negotiate. The City countered that the bid policies had never been tbrmally adopted and that they thus were not bound to follow them strictly. The court rejected that position, finding that, because the City had undertaken to use a competitive bidding procedure, it was bound to follow it. The court thereafter held that the City had "subverted' its bid process by Orig. U.S. Govt. Works No. JUN 2 2O?2 627 So.2d 1200 (Cite as: 627 So.2d 1200, '1202) Page 3 using it to select a company with whom to negotiate. and had thus acted "arbitrarily and capriciously." It entered a written order on August 25. 1993. granting a temporary injunction prohibiting the City. not from contracting with Brasfield, but t'rom contracting with it at a price less than Brasfield originally bid. The City and Brasfietd have appealed. We find that the threshold issue of these appeals is Ajax's standing to seek injunctive relief against the award of a contract on which it did not bid. Ajax concedes that, in the absence or' its joint venture partner. Florida Developers, Inc., it did not have standing to seek an award of the contract. It also firmly denies on appeal that it was seeking (or entitled to) taxpayer standing. 'Eaat leaves the sole issue of whether, as a non-bidding "construction company in Tallahassee," it is entitled to seek an injunction under the facts of this case. [I] Thc reason for requiring a party to have standing to participate in a judicial o~ '1203 administrative proceeding is to ensure that it has a "sufficient interest in the outcome of the litigation which warrants the court's entertaining it," and to assure that it has a personal stake in the outcome so it will adequately represent the interest it asserts. Gregory.' v. Indian River Co., 610 So.2d 547, 554 (Fla. 1st DCA 1992). In Fr. Howard Co. v. Department of Management Services, 624 So.2d 783 (Fla. 1st DCA 1993), this court found that a non- bidder ,.vas carr~:l;,, denied standing to protest the process by which a bid was awarded. Here, although Ajax "pre-qualified" to bid on the contract, it alone never entered a bid thereon. Therefore, although standing was not an issue in the tbrmal bid protest filed by bidder A/F, Ajax would not have had standing under Ft. Howara to protest the award of the bid to Brasfietd. [2][3] The injunctive suit herein, virtually identical to the bid protest in it~ grounds and relief sought, was in our view an attempt by Ajax to accomplish that which it would not have had standing to accomplish as a bid protester. The trial court found standing "as a construction company in Tallahassee,' and Ajax clairm the "sufficient interest" that, if the City cannot award the contract to Brasfield. Ajax can participate in any re-bid of that contract. However, a non-bidder, who i~ not and cannot potentially be a party to the contract with the public body, is not entitled to the relief of either an award of the contract, or a re-bid. Ft. Howard. Further, it would be purest speculation tbr us to conclude that a company which did not bid on a contract would be capable of securing and pertbrming that contract on any re-bid. [FN1] Based on the foregoing, we find that Ajax did not have standing to seek the injunction awarded herein. FNI. We note on this point that the bid which Ajax did crier as a joint venture panner with Florida Developers, Inc. finished seventh out of the seven bids made. This hardly lends credence to Ajax's argument that it has an interest substantial enough to accord it standing in this case. See. e.g., Westinghouse Electric Corp. v. JTA, 491 So.2d 1238 (Fla. 1st DCA 1986). [41 However, assuming arguendc that Ajax had standing to do so, we reject the trial court's finding that the City's actions in this case were arbitrary and capricious and in 'subversion" of the bid process set forth in the Manual. Section 3.2 thereof, Right of Rejection, provides that: The City of Tallahassee reserves the right to reject any one or ali bids, or any parr of any bid, to waive any informality in any bid, and to award the purchase in the best interest of the City of Tallahassee (emphasis supplied). We t"md that the City's actions herein were within the scope of this provision, and thus that it acted wifi".in its wide discretion in soliciting and accepting bids for public improvements. An honest exercise of that discretion will not be overturned even if it may appear to be erroneous and even if reasonable persons may disagree. Department of Transportation v. Groves- Walkins Constructors, 530 So.2d 912 (Fla. 1988): Liberty Count. v. Batter's Aspfmlt & Concrete, Inc., 421 So.2d 505 (Fla. 1982). Based on the foregoing, we t'md that the temporary injunction herein was issued ia error. We reverse and remand with directions that the injunction be vacated. ZEHMER, C.J., and SHIVERS, Senior fudge, concur. END OF DOCUMENT Copr. ¢ West 2002 No Claim to Orig. U.S. Govt. Works JUN 2 491 So.2d 1238 1l Fla. L. Weekly 1622 (Cite as: 491 So.2d 1238) District Court of Appeal of Florida, First District. WESTINGHOUSE ELECTRIC CORPORATION, Appellant, ¥. JACKSONVILLE TRANSPORTATION AUTHORITY, and Matra Transport, S.A., Appellees. No. B J-460. July 25, 1986. Corporation interested in bidding on "people mover system" filed protest against municipal transportation authority and lowest bidder on that system. The Jacksonville Transportation Authority entered order dismissing corporation's notice of protest, and corporation appealed. The District Court of Appeal, Nimmons, J., held that: (l) corporation did not have standing to protest alleged improprieties in bidding process after bids were opened, and (2) corporation had not been excluded from participation in bidding process by technical requirement for system. Affirmed. West Headnotes [1] Municipal Corporations 268k241 Party must have substantial interest that is determinable by agency responsible for public proposal to have standing to protest lowest bid on that proposal. [2] Municipal Corporations <~:::'336(1) 268k336(1) Corporation which had submitted simulated bonded price proposal on public project did not have standing to challenge alleged improprieties following award to successful bidder which had subrmned actual proposal; corporation was nonbidder, and no extraordinary, circumstances justified corporation's actions, which amounted to 'sandbagging" of public bidding process. Copt. © West 2002 No Claim to Page 4 [3] Municipal Corporations~==336(1) 268k336(I) Corporation was' not excluded from bidding process on "people mover system" by technical requirement aimed at making system more comfortable for passengers; requirements were available to corporation from beginning of bidding process and were themselves reasonably related to public health and safety and within agency's discretion, and corporation had not raised issue of exclusion until several weeks after bids were opened and had been afforded full and fair bearing on that issue. '1238 Stephen H. Durant and Steven R. Sparks, of Martin. Ade, Birchfield & Johnson, P.A., Jacksenville, for appellant. '1239 Gerald A. Schneider, General Counsel, Linda Logan Bryan and Cindy A. Laquidara- Kenney, City of Jacksonville, for appellee Jacksonville Transp. Authority. William H. Adams, Ill, of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, and Robert P. Smith, Jr., of Hopping, Boyd, Green & Sams, Tallahassee, for appellee Matra Transport, S.A. NIMMONS, Judge. Westinghouse Electric Corporation appeals from an order of the Jacksonville Transportation Authority (JTA) determining that Westinghouse did not have standing to protest alleged improprieties in the bidding process on the proposed Automated Skyway Express (ASE) people mover system in Jacksonville and t'mding that Westinghouse had not been excluded from that bidding process. We affirm. JTA initiated a two-step bidding process for its proposed ASE people mover system. In the first step, JTA issued a 'Request for Technical Proposals' (RFTP). Suppliers could prequalify for the second step by submitting a non- priced proposal that met the requirements of the RFTP. On May 22, 1985, three suppliers were invited to proceed to step two of the bidding process: Westinghouse, Ivlatra Transport, S.A., and a third company not here a party. Step two entailed submission of a proposal meeting the specifications in JTA's "Invitation for Priced Proposals' (IFPP). Some of Orig. U.S. Govt. Works JUN 2 5 20 2 491 So.2d 1238 Page 5 (Cite as: 491 So.2d 1238. '1239) the technical requirements of the IFPP were phrased somewhat differently than they had been in the RFTP. The RFTP included the following specification: 9.2.1.2 Guideway Geometry The guideway geometry will be limited as follows: (a) Minimum Mainline Lateral Curve Radius 100 ft. (d) Spiral Transitiona Based on operational speeds, spiral transition.~ shall [irnit lateral jerk to 0.06 g/ sec. and rate of rotation of superelevation to 0.022 ft./62ft./sec. (e) Minimum Spiral Length 40 t't. IEmphasis added). Another portion of the RFTP included the following: Ail elements of the switching system and its operation shall be in accordance with the hil-safe and/or checked-redundancy principles as defined in Section 9.5.1.2. The same requirements were repeated in the IFPP, but the above quoted paragraph included the following emphasized language: All elements of the switching system and its operation shall be in accordance with the tail-safe and/or checked-redundancy principles as defined tn Section 9.5.1.2 and with the spiral transition requirements of Section 9.2.1.2 .... extended the bid deadline ten days. On July 19, 1985, at 2:00 P.M., the City's purchasing officer announced that time to submit bids had passed. He had before him a package containing the MATRA priced proposal, and a heavy, securely bound box marked "Priced Proposal" from Westinghouse. The officer later testified that, from all outward appearances, the package had obviously been prepared to simulate a bona fide priced proposal. The '124( third invited company did not submit a bid. The purchasing officer proceeded to open the sealed packages. He unsealed the Westinghouse box and began searching through the contents which included pamphlets and other literature. However, he could not fund a priced proposal. A~er more searching, a Westinghouse representative informed him that the box did not contain one. Instead, it contained a letter explaining that Westinghouse could not submit a responsive proposal, but would sell the JTA a people mover system within the federal guidelines tbr the project [FNII and within the JTA's budget. This document did not contain a bond of any type. In contrast, MATRA'S package contained a bonded, priced proposal. FNI. JTA was depending on federal funds for a large portion of the project's funding and for that reason had to keep the project within specific guidelines. ,Empl:asis added.) Westinghouse '*'rote a letter to JTA on June 19, 1985 listing 42 "questions, comments, exceptions and clarifications." Item 42 was the following: 42. Section 9. I0, Page 33&-Westinghouse takes exception to the requirement of the switching elements meeting "the spiral transition requirements of Section 9.2.1.2." In order to meet these requirements, the Westinghouse switch would require a pair of moveable l-beams of at least 44 feet in length, which would deflect vertically 0.5 inch due to their own weight. This would not be an acceptable design. On June 24, 1985, Westinghouse added a number of other items to the above- referred questions, comments, exceptions and clarifications, bringing the total to 67. A free-form conference was held between JTA and Westinghouse. JTA clarified its spiral transition requirement in an addendum, and Copr. ~ West 2002 No Claim to Orig. Westinghouse filed a notice of protest on September 16, 1985, [FN2] and a more detailed one on September 24, 1985. It protested conduct of JTA and MATRA occurring after the opening of the bid [FN3] and protested the bidding process itself as being exclusionary, specifically referring to the spiral transition requirements. MATRA filed a motion to dismiss the notice of protest. FN2. JTA sent Westinghouse a copy of a letter from STA to MATRA, reflecting an agreement by MATRA to reduce its overall bid price. This notice was received by Westinghouse on September 16, 1985. Westinghouse filed its protest the same day. As the issue was not raised in the proceeding below or on appeal, we make no ruling on whether this was a timely filed protest pursuant to Section 120.53(5), Florida Statutes (1983). FN3. Specifically, Westinghouse alleged that MATRA's bid was nom'esponsive to the IFPP, and U.S. Govt. Works AGar,SA 15 No. '9 ff'/ 491 So.2d 1238 (Cite as: 491 So.2d 1238, *1240) that MATRA was allo,~ed to mt~dir}' its bid after it was unsealed. JTA determined that MATRA and Westinghouse were entitled to an informal hearing on the motion to dismiss pursuant to Section 120.57(2), Florida Statutes and not a formal hearing pursuant to Section 120.57(1), Florida Statutes. {FN4] At the November 5, 1985 informal hearing on the motion to dismiss, the ITA board heard a full day's testimony. After discussion, it adopted two resolutions in a lengthy order: the first being that Westinghouse did not have standing as a non-bidder to protest MATRA'S priced proposal: and the second being that Westinghouse had not been excluded from participating in the bidding process by virtue of the spiral transition requirements. It is this order from which Westinghouse appeals. [FNS] FN4. JTA held a hearing at which it invited Westinghouse to point to any factual dispute that needed to be resolved. They determined that Westinghouse had not presented any such dispute and therefore ruled that an intbrmal hearing would be proper to resolve the motion to dismiss. FNS. Westinghouse filed another appeal to this court in Case No. BM-300. That case raises substantially the same issues based on the same facts as does this appeal. It is controlled entirely by the disposition of this ease. Iheretbre. Case No. BM-300 is dismissed pursuant to Appellee~ ?,[ATRA's motion to dismiss. Since that appeal is dismissed. Westinghouse's motion ,~o consolidate is ..:creed. in a.:.A!tion, we grant MATK,4.'s motion to strike matters from the reply brief in Case No. BJ-460 which were not in the record below. Westinghouse raises three issues on this appeal. First, Westinghouse argues that JTA's determination that Westinghouse has no standing to protest the conduct of JTA and MATRA is erroneous. Second, Westinghouse argues that it was excluded from the bidding process by JTA's technical requirements. Third, Westinghouse argues that the motion to dismiss should have been disposed of via a formal hearing instead of an informal hearing. I. STANDING OF A NON-BIDDER [1] JTA correctly determined that Westinghouse did not have standing to protest the actions of MATRA and ITA which occurred after the bids were opened. A party has standing to protest the lowest bid if that Copt. @ West 2002 No Claim to Page 6 party has a substantial interest to be determined by the agency. Preston Carroll Company, Inc. v. Florida Keys Aqueduct Authori~., 400 So.2d 524 (Fla. 3rd DCA 198l). See als¢ Section 12(*1241 .53(5)(b). Florida Statutes (1983) [FN6] . In Preston Carroll, supra, an unsuccessful bidder did not establish a substantial interest entitling it to challenge the highest bidder where the testimony showed it was not the second lowest bidder and would not receive the award even if the challenge were successful. In Department of Commerce, Division of Labor v. Ylatthews Corporation, 358 So.2d 256 (Fla. 1st DCA 1978), a disappointed bidder had standing to challenge the validity of agency guidelines without a discussion of that bidder's proxirmty to the award because the challenged rule affected the bidder's ability to compete in the future on public works projects. The present case does not present such a circumstance. Neither is appellant's reliance upon Capeletti Brothers v. Department of General Services, 432 So.2d 1359, 1360 n. 1 (Fla. 1st DCA 1983) persuasive. Unlike the instant case, no standing issue was raised in Capeletti. Id. at 1360, fn. I. FN6. JTA Rule 24 mirrors this statute and pray,des: (1) Any person adversely affected by a decision during bid solicitation or the intended decision to award a contract or to reject all bids shall file a Notice of Pretest. m writing .... We interpret the rule as consistent with Section 120.53(5)(b) and the case law interpreting it. [2] No exceptional circumstances exist in the present case to allow Westinghouse, a non-bidder, to have standing to challenge the successful bidder. In fact, this case is a perfect example of the importance of limiting standing in the bidding process. Through a ruse, namely a box weighted with papers marked 'Priced Proposal" on the outside, Westinghouse effectively enticed MATRA into submitting its best, good faith, bonded bid. Now, after learning the terms of MATRA's proposal, Westinghouse attempts to challenge the process to force the JTA to start again. This 'sandbagging,' if permitted, would erode the integrity of the public bidding process. The ITA correcdy did not allow Westinghouse to complain about actions that occurred after it voluntarily determined not to submit any bonded priced proposal. MATRA became obligated to perform it Orig. U.S. Govt. Works No. I~ Po JUN 2 491 So.2d t238 (Cite as: 491 So.2d 1238. "1241) acceptance by the awarding authority. Westinghouse chose not to place itself under any obligation. Absent extraordina~ circumstances not present here. a non-bidder does not have standing to challenge the successful bid. II. EXCLUSIONARY REQUIREMENTS Westinghouse contends that it could not submit a responsive bid because the technical requirements of the IFPP were exclusionary.. The good faith of this argument is significantly undercut by the fact that Westinghouse was not heard to complain of the exclusionary practices until more th. an six weeks after the bids were opened and by the tact that it submitted the phony bid. Nevertheless. adcressed since it was a basis fer the JTA's order below. We agree with ITA ti,at Westinghouse was not excIuded from the bidding process. Shortly before the bid submission deadline, Westinghouse complained that the spiral transition requirement was inappropriate for their proposal. A free- form meeting v, as held after which the spiral transition requirement was reaf:irmed, but clarified. The bidders were given ten extra days to subm!t bids. Westinghouse at no time complained that the requirements ,,,,'ere exclusionary and made no effort to delay the opening of bids. They complained afterward~ and were afforded a fair hearing on the r. ceri:s or' thc claim. The basis for the c!a:m was uhat the spiral transition requirements were m some way unfair. The record clearly supports JTA's conclusion that the spiral transition requirements were included from the beginning of the bidding process. The additional language in the IFPP, as quoted earlier in this opinion, merely clarified already existLng requiremems. All tesdanony indicates that spiral transitions limit lateral jerk of the vehicles making the ride more comfortable for passengers when negotiating curves, JTA was certainly entitled to impose '1242 this requirement as necessary for public health and safety. The bidding process used by JTA is not merely a submission of a quote for constructing a system to particular specifications, but is an invitation tbr bidders to propose a solution to the agency's needs within limitations set by the agency. See System Development Corp. v. Department of Health and Rehabilitative Services, 423 So.2d 433 (Fla. 1st Copr. ~ West 2002 No Claim to Page 7 DCA 1982) (describing the flexibility of the "priced proposal" process). As such. it encourages interaction and development be~een the agency and the bidders. This in fact occurred between JTA. MATRA and Westinghouse. As earlier noted. Westinghouse submitted numerous questions and comments about the process and what was expected of it, and they were addressed by JTA either after review by the agency or after a free-form hearing at which Westinghouse was a full participant. At no time during this process did Westinghouse complain that the requirements were exclusionary. It did object to them on various other grounds, such as the expense and perceived non-necessity of spiral transitions. JTA determined that the spiral transitions were necessary, and informed Westingheuse of ~ha: well before t::e da'.: fer submitting proposals. [3] Given that the requirements were available to Westinghouse from the begirming of the process. · at the requirements are themselves reasonable and well within the discretion of ITA and that Westinghouse did not raise the issue until after the submission and unsealing of bids, after which Westinghouse was aftbrded a full and fair hearing, we atS.,~n JTA's finding that Westinghouse was not excluded from the bidding process. III. PROPRIETY OF AN INFORMAL HEARING WestingL,.use was given mn c.apormni:y to demonstrate any factuai issues that were disputed with regard to the alleged exclusionary. requirements. It was unable to do so. In fact, in oral argument before this court, counsel for Westinghouse was unable to point to any material fact in dispute which required a formal hearing. If there are material issues of fact to be resolved, a formal hearing is required. Section 120.57(1), Florida statutes (1983). If there are none, than an informal hearing is appropriate. Section 120.57(2), Florida Statutes (1983). In the present case, an informal hearing was appropriate. See E.M. Watkins & Co., Inc. v. Board of Regents, 414 So.2d 583, 589 (Fla. 1st DCA 1982). ITA properly afforded Westinghouse an informal hearing. AFFIRMED. Orig. U.S. Govt. Works WENTWORTH, J., and DAVEY, KEVIN P., AG=, ....... JUN 2 5 491 So.2d 1238 (Cite as: 491 So.2d 1238, *t242) (Associate Judge), concur. .END OF DOCUMENT Page 8 Copr. © West 2002 No Claim to Orig. U.S. Govt. Works tq I I 624 So.2d 783 18 Fla. L. Weekly D2094 (Cite as: 624 So.2d 783) District Court of Appeal of Florida, First District. FORT HOWARD COMPANW, Appellant, V. The DEPARTMENT OF MANAGEMENT SERVICES of the STATE OF FLORIDA, and William II. Lindner, as Secretary of the Department of Management Services of the State of Florida, Appellees. No. 93-235. Sept. 17, 1993. Manufacturer of paper towels appealed order of the Department of Management Services (DMS) denying its bid protest tbr lack of standing The District Court of Appeal, Smith, J., held manufacturer, as nonbidder supplier, that lacked standing to file bid protest. Affirmed. West Headnotes [1] Public Contracts <g::=5.1 316Ak5.1 [1] Public Contracts 315Ak12 Administrative Procedure Act (APA) provides procedural mechanism for review of agency's decision to award bid or to reject all bids; however, scope of inquiry is limited to whether purpose of competitive bidding has been subverted. West's F.S.A. § 120.53(5)(b). [2] Public Contracts 316Ak5.1 [2] Public Contracts ~::~12 316Ak12 In event administrative hearing is necessary to review agency's decision to award bid or to reject all bids hearing officer's sole responsibility is to ascertain whether agency acted fraudulently, arbitrarily, illegally, or dishonestly. West's F.S.A. Copt. © West 2002 No Claim to Page 9 § 120.53(5)(b). [3] Public Contracts ~:=='5.1 316AkS. 1 Manufacturer, which was not a bidder on bid package but was listed a~ supplier of towels for two vendors that submitted unsuccessful bids, lacked standing to file bid protest. West's F.S.A. § 120.53(5). *784 C. Gary Williams and Stephen C. Emmanuel of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee; Charles M. Shaffer, Jr. of King and Spaulding, Atlanta, GA, for appellant. Stephen S. Mathues, Staff Atty. Dept. of Management Services. Tallahassee, for appellees. SMITH, Judge. Fort Howard, a manufacturer of paper towels, appeals an order of the Department of Ivlanagement Services (DMS) denying its bid protest for lack of standing. Fort Howard was not a bidder on the bid package below, but was the listed supplier of towels for two vendors submitting bids. Neither of the vendors, who offered to provide Fort Howard towels in their bids, have protested. We affirm. In August 1992, DMS issued an invitation to bid (rrB) for purchase of paper towels to be used by all State of Florida agencies. According to Fort Howard, paper products are sold to the state through distributors or authorized representatives of product manufacturers. Affiliated Paper, a vendor, submitted five bids using five different manufacturers, including Tagsons and Fort Howard. Atlantic Bag and Butler Paper each submitted one bid using one manufacturer. Unijax submitted a bid using products manufactured by Fort Howard. On two different occasions, samples of paper towels were requested for testing. Apparently, DMS found that none of the products met the specifications as to tensile strength, so DMS determined that it would waive the requirements as to tensile strength. On December 7, 1992, DMS posted its bid tabulation. The Unijax bid, utilizing products manufactured by Fort Howard, was the lowest. The next lowest bid was one by Affiliated Paper, Orig. U.S. Govt. Works F i.,~.:,._~_,;',. ~1-~.~,, 624 So.2d 783 (Cite as: 624 So.2d 783, *784) Page 10 also using products manufactured by Fort Howard. The third lowest bid was the one by Affiliated Paper. using products manufactured by Tagsons. DMS announced its intention to award the contract to the third lowest bidder. According to DMS, after the tensile strength requirements were waived, Affiliated's offer to supply towels manufactured by Tagsons was the only bid which met the remaining specifications. Fort Howard timely protested and sought award of the contract. As already stated, DMS denied its bid protest for lack of standing. After Fort Howard fried a petition seeking extraordinary relief and an appeal, this court detern'fined that this action should proceed as an appeal from a tLnal order. We further ordered, sua spome, that Affiliated Paper, as prevailing bidder, was entitled to appear as an appellee in this cause. The court granted the other non-prevailing bidders the option of moving the court to appear as appellees. None of these bidders availed themselves of the opportunity to appear. Section 120.53(5)(b), Florida Statutes (1991) provides that any person who is adversely affected by the agency decision or intended decision concerning a procurement may file a protest with the agency. Accora Fla. Adrnin. Code R. 60A- 1.006(3). Fort Howard contends that as the manufacturer/supplier for the two lowest bids, it is a per,ch wh¢ has been affected adverse!;., by DMS's announced decision to award the contract to the third lowest bMder. the evaluation process was flawed, [FNI] Fort Howard has made co[orable claims in this proceedi,g of faulty '78.~ evaluation and testing by DMS. By focusing on the merits of a potential bid protest, Fort Howard's argument tends to draw attention away from the only issue before this court: Whether Fort Howard, as a non-bidder, has standing to bring a bid protest. FNI. See e.g. Procacci v. State Department of Health and Rehabilitative Services, 603 So.2d 1299 (Fla. 1st DCA 1992); and Moore v. Department of Health and Rehabilitative Services, 596 So.2d 759 (Fla. 1st DCA 1992). DMS contends that as a non-bidder, Fort Howard does not have standing to ['fie a bid protest under section 120.53(5). The relief available pursuant to a bid protest under this statute is either an award of the contract, or a re-hid of the contract; and Fort Howard, who is not and cannot potentially be a party to the contract with the state, is thereby not entitled to either. Because neither of the vendors that offered to provide Fort Howard's towels in their bids, and who are the parties capable of contracting with the state, sought to protest the award of the contract, Fort Howard would gain nothing even if it prevailed in any ultimate bid protest. The vendors have expressed no interest in supplying towels if the current contract was cancelled. Neither has come forward and participated in this appeal, even though given the opportunity. DMS argues, and we agree, that it is entirely speculative whether either of tt:e vendors would come forward if the litigation was resolved m appellant's favor. [1][2] In Department of Transponcaion v. Groves- Watkins Constructors, 530 So.2d 912, 914 (Fla. 1988), the Florida Supreme Court ruled that while the Administrative Procedure Act provides a procedural mechanism for review of an agency's decision to award a bid or to reject all bids, the scope of the inquiry is limited to whether the purpose of competitive bidding has been subverted. In the event an administrative hearing is necessary, the hearing officer's sole responsibility is to ascertain whether the agency acted fraudulently, arbitrarily, illegally, or dishonestly. In an effort to meet the Groves. Watkin~ standard and fit within the post-Groves-Watkins line of cases in which bid protests have proved successful where Fort Howard counters, nevertheless, that a re-bid would afford relief. [FN2] However, Fort Howard's argument assumes the vendors would re- bid and offer Fort Howard products. As already stated, there is no indication that this would occur. FN2. Fort Howard's abandonmem, on appeal, of its request for an award of the contract--the relief requested in its bid protest, highlights the precariousness of its position in this case, as it is not, and can never be, a corm'ac'tee with the state in the circumstances presented here. Copr.© West 2002 No Claim to Orig. U.S. Govt. Works [3] Given the present posture of this case, we do not view it as consistent with the public interest, nor does it promote efficient public bidding, to allow Fort Howard to proceed with a bid protest and AGENt3A _ JU 4 2 624 So.2d 783 (Cite as: 624 So.2d 783, *785) require the agency to go through the expense and time of an administrative hearing when there i: no assurance that any relief, consistent with section 120.53(5), could be afforded. In Westinghouse Electric Corp. v. Jacksonville Transportation Authority, 491 So.2d 1238 (Fla. DCA 1986), this court ruled that, absent extraordinary, circumstances, a non-bidder does not have standing to file a bid protest. While admittedly the case can be factually distinguished because Westinghouse had not submitted any bid at all, whereas in this case, Fort Howard was the supplier for the two vendors submitting the lowest bids, nevertheless, the case does provide some direction tbr our decision. To rule that a supplier for a bidder has standing to halt the bid process by filing a Page 11 bid protest would eradicate the exceptional circumstances limitation and open a floodgate of potential protestants to bid awards. We have not overlooked Fort Howard's argument that "fairness" requires that it be granted a hearing in this case. However, it is our view that broadening standing in bid protest proceedings to encompass complaints of non-bidder suppliers, such as we have in this case, requires a poticy decision that should be made by the Legislature, the appropriate forum to address such concerns, rather than this court. AFFIRMED. WOLF and MICKLE, JJ., concur. END OF DOCUMENT Copr. $ West 2002 No Claim to Orig. U.S. Govt. Works AGEi~4L3A JUN 2 5 Pg. ,~ '~ EXECUTIVE SUMMARY APPROVE BID #02-3366, "S.R. 84, DAVIS BLVD. PHASE II, PROJECT #60098, · A LANDSCAPE RENOVATION FOR $631,423.35". OBJECTIVE: To obtain Board approval for the award of Bid #02-3366 for S.R. 84 - Davis Blvd. Phase Il, Project g60098, a Landscape Renovation to Hannula Landscaping, Inc. for $631,423.35". CONSIDERATION: 1. On April 11, 2002, the Purchasing Departinent sent notices to 58 vendors for the landscaping and irrigation installation of S.R. 84 - Davis Blvd. Phase II-A Landscape Renovation. 2. On April 25, 2002, a mandatory pre-bid meeting was held. 3. On May 24, 2002, bids were opened. Staff reviewed the unit pricing on the bid tabulation, and Hannula Landscaping submitted the lowest responsive bid. 4. Staff recommends award o£ this bid to Hannula Landscaping as the lowest, qualified, and responsive bidder. FISCAL IMPACT,.: Amount o£ the awarded conlyact is $631,423.35. Funds of $631,080.16 are available in the MSTD General Fund (111) earmarked for this project. A budget amendment is ~ needed in the amount of $10,000 from Fund (111) Reserves for this contract. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board (1) award Bid #02-3366 to Hannula Landscaping, Inc. for S.R. 84 - Davis Blvd. Phase II, Project #60098, A Landscape Renovation for $631,423.35; (2) approve a budget amendment for $10,000.00 from Fund (111) Reserves; and (3) auth°nze the Chairman to execute th..%standard contract after revifi~ by the C(oa~ Attorney's Office. PREPARED BY: ~'- Date: <-- ~amela J. Lulich, A,.~/(, Landscape Operations Manager REVIEWED BY: Date: Julio F. Ordonez, PE, Senior Project Manager ~Date: ~ BY: Z"'~c"~~ _. , Date: 7, Ed an ,' BY: r~/E~. Fed~;,~,~d -- Date: ~/~//~ APPROVED No CP, Transportation Services Administrator / Attachment: Bid TabUlation JUN 2 5 2002 Pg. I AGENDA ITEM No. JUN 2 5 2002 AGENDA ITEM JUN 25 2002 AGE~DA ITEM No. t ~ ~ ~-~ JUN 2 5 2002 AG E~N D_._A ITEM No. I,~ ~:~ JUN 2 5 2002 AGENDA ITEM JUN 2 5 2002 AGENDA_ITEM No. .IUN 2 5 2002 AGENE)A ITEM No. J ~.~ '~ JUN 2 5 2002 AGENDA ITI~'M No. td:,b .~- JUN 2 5 2002 Pg, ~ AGENI~A ITEM JUN 2 § 2002 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR UTILITY IMPACT FEES, BID #02-3366 FOR SR 84 - DAVIS BOULEVARD PROJECT #60098, IN THE AMOUNT OF $70,926 FROM FUND (Ill) RESERVES. OBJECTIVE: To obtain Board approval to approve budget amendment for $70,926.00 from Fund (111) Reserves for utility impact fees for landscape irrigation meters for Bid #02-3366 for SR 84 - Davis Boulevard Project #60098. CONSIDERATION: The present irrigation system has one 1½-inch effluent meter. The proposed irrigation plan requires 3, 2-inch water meters and 3, 2-inch effluent meters. The additional cost to the project for utility impact fees is $70,926.00. FISCAL IMPACT: In order to accomplish this, staff is requesting the Board approve a budget amendment in the amount of $70,926.00 from Fund (111) Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approves a budget amendment in the amount of $70,926.00 from Fund (111) Reserves Bid #02-3366 for SR 84 Davis Boulevard or approves to waive the impact fees ~r (installation of) water and efflue¢t meters for landscape irrigation. PREPARED BY:~'~~./an~'~sca e~er Pamela J. Lull ,. ~ P P ' = Date:~//~ ~'~~ / ~~'~'~'-h]'x /~./,,/'~' ~ ,: REVIEWED BY:, , ~j, ~~,~ Date: Step~C~rnell, Purchasin~Director ' ~ E~wa~dM;~nt, PE, T~n~o~ion Operations Director Nomn E. Feder, AICP, Transpo~ation Se~ices Ad~s~ator Attachment: JUN 2 5 2011 EXECUTIVE SUMMARY APPROVE WORK ORDER AMENDMENT NO. ABB-FT-00-07-A01 AND THE ASSOCIATED BUDGET AMENDMENT IN THE AMOUNT OF $29,679.00 FOR THE WIGGINS PASS ROAD OUTFALL PROJECT (Project No. 31212) OBJECTIVE: To obtain Board of County Commissioners approval of a Work Order Amendment and Budget Amendment providing for additional construction engineering inspection services for the Wiggins Pass Road Outfall Project currently under construction. CONSIDERATIONS: On 7-24-00 the County executed Work Order No. ABB-FT-00-07 with the engineering consulting firm of Agnoli, Barber and Brundage, Inc. (ABB). The scope of work included the design, surveying, permitting, and very limited construction inspection for the Wiggins Pass Road Outfall Project. This project is to provide an essential drainage outfall for the Wiggins Pass Drainage Basin as v&ll as provide safety improvements along Gulf Harbor Road by enclosing an existing ditch with a large culvert. The project has proceeded all the way into construction, and ABB has been requested to provide more extensive construction inspection services that anticipated in the original Work Order due to extremely tight construction site conditions that have developed during the course of design and permitting. This Work Order Amendment No. ABB-FT-00-07-A-01 incorporates the additional construction inspection work plus it also transfers funding initially estimated for surveying that was not expended. The transfer shifts the funding also into the construction inspection task. The total additional estimated construction inspection cost is $32,142.25. Transferring $2,463.25 of available funding from the surveying task to the construction inspection task leaves a net additional funding need of $29,679.00. FISCAL IMPACT: A budget amendment in the amount of $ 29,679.00 is needed from reserves. The source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: The construction of stormwater management system capacity improvements is in accordance with the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. JUN 2 5 2O02 pg. I Executive Summary Work Order Amendment No. ABB-FT-00-07-A01 Page 2 RECOMMENDATION: That the Board of County Commissioners do the following: to sign and execute the Amendment. 2. Approve the necessary budget Amendment. SUBMITTED BY: ~~ ff--~,~ Date: Robert C. Wiley, P.F~, Principal Project Manager Stormwater Management Section/TECM Approve Work Order Amendment No. ABB-FT-00-07-A01 and authorize the Chairman REVIEWED BY: APPROVED BY: Date: Gregg Strakaluse, Director Tr~Eng~g & Construction Management ~ ~~/~~-' Date: Norn)/an Feder, _A.i.c.P., Administrator Traf~sportation Division AGENDA I(~M - ',,3 JUN 2 5 2002 Pg. ~ WORK ORDER AMENDMENT # ABB-FT-00-07-A01 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order Amendment is for professional engineering services for work known as Wiggins Pass Road Outfall Design/Permitting This project will create an improved drainage basin outfall for the Wiggins Pass Basin and also incorporate a roadside safety improvement along the west side of Gulf Harbor Drive. The work is specified in the proposal dated June 6, 2002, which is attached hereto and made a part of this Work Order Amendment. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order Amendment # ABB-FT-00-07-A01 is assigned t_.9_o Agnoli, Barber and Brunda~e. Inc.~ Scope of Work: (Changes marked with underline for additions and strike-thru for deletions) Ao Engineering Services A.I Design Analysis- No Changes a. A.2 Construction Plans- No Changes A.3 Permitting- No Changes A.4 Construction Services - These services would include the required engineering services during construction, including attending pre-construction meetings, checking shop drawings, increased amount of periodic construction observation to observe, in general, the quality of construction and conformance with the specifications, and assisting the client in processing pay requests and change orders. Surveying Services B.1 Design Survey- No Changes B.2 Construction Control Surveys- No Changes B.3 Easement Documents- No Changes Schedule of Work: Complete work within 789 days from receipt of the Notice to Proceed authorizing start of work. This equates to final completion bv October 4. 2002. Compensation: Work effort to date has identified remaining funding in Task B (Surveying Services). Due to the expanded level of construction observation in Sub-Task A.4, additional funding is needed. Therefore this Amendment A-01 to the Work Order will transfer $2,463.25 from Task B into Task A. An additional amount of funding in the estimated amount of $29,679.00 is also be placed in Task A. In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following estimated budget amounts on a time and materials basis using the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Orig. Amount Changes New Amount Task A - Engineering Services Task B - Surveying Services TOTAL ESTIMATED FEE $33,000.00 $32,142.25 $65,142.25 16.000.00 (2.463.25) 13.536.75 $49,000.00 $29,679.00 $78,679.00 Any change within monetary authority department approval will be considered Schedule "A" of the Agreement. of this Work an additional Order made subsequent to final service and charged accordino, to AGEND~A No. I~ J~ [~M JUN 2 5 2002 pg. "~ F,E. CEIVED JUN 12 21102 Work Order Amendment ABB-FT-00-0?-A01 Wiggins Pass Road Outfall Project Page 2 PREPARED BY: REVIEWED BY: Robert C. Wiley, P.I~., Prin. Project Manager Sto.~~~~~ Section/T ECM Norfnal{-Feder, AICP, Administrator Tran/ortation Division Date Date Approved as to Form and Leeal Sufficiency: · Assistant County Attorney ATTEST: DWIGHT E. BROCK, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James N. Coletta, Chairman BY: DEPUTY CLERK WITNESS (2)- AC£,EPT ED BY: [NDAGE, INC. MIJamel w. tJruxruage, P.E., President Pri~N~me and Titl~ (i(Corp. Officer) Print Name and Title (if Corp. Officer) W.O. ABB-FT-00-07-A01 .doc AGEND~ IT..~M No. JUN 2 5 2002 pg. Dan Brunda~e Crom: Sent: To: Subject: Roger Sandrus Friday, April 12, 2002 12:14 PM Dan Brundage wiggins pass outfall Rough estimate of time required from april 15 thru 8/29 ( based on Armadillos schedule) is roughly 226 hrs. based on 2 hrs./day. Robert stated that he wanted the majority of my time spent on the watermain installation and in the easement between the attorneys house and The Calypso. If this is the case, the time could possibly be reduced to 126 hrs.if Collier county does all inspection of box culvert installation out to wiggins pass rd. and keeps all quantities in said area. This breaks down to about 1.33 hours/day till project completion date of 9/1. 126 hrs. is really pushing the limit of what I feel I would be comfortable with. Thats basically no observation of box culvert outside of the outfall area. AGENDA~M No._ _ .JUN 2 5 2002 CoZZ~e= County Annu&~ ~zg~nee=$ng Con~=&ct #98-2835 Registered Engineer/Principal Sr. Registered Engineer Registered Engineer Sr. Desigz% Engineer Design Engineer Planning Director Administrative Planner Certified Planner AICP Project Planner/Urban Designer Project Manager Project Manager (P.L.S.) Project Manager (P.E.) Senior Project Manager (P.E.) Sr. Registered Surveyor Registered Surveyor Technician Technician I Technician II Technician III Technician IV Two Man Survey Crew Three Man Survey Crew Four Man Survey Crew Five Man Survey Crew Controller Design Draftsman Draftsman Courier Clerical I Clerical II Registered Engineer/Expert Witness Certified Planner/Expert Witness Registered Surveyor/Expert Witness Manager/Expert Witness Blueprints 24 x 36 Blueprints 36 x 48 Mylar Sepia 24 x 36 Mylar Sepia 36 x 48 Copies 8-1/2 x 11 Copies 8-1/2 x 14 Copies 11 x 17 Aerial Target 6' Aerial Target 12' Ground Aerial Target 12' Road Mileage 4-Wheel Mileage 115.00 Hr. 95.00 Hr. 80.00 Hr. 70.00 Hr. 60.00 Hr. 100.00 Hr. 105.00 Hr. 80.00 Hr. 65.00 Hr. 75.00 Hr. 95.00 Hr. 95.00 Hr. 105.00 Hr. 80.00 Hr 70.00 Hr 38.00 Hr 42.00 Hr 50.00 Hr 58.00 Hr 65.00 Hr 80.00 Hr 90.00 Hr 100 00 Hr 110 00 Hr 65 00 Hr. 45 00 Hr. 35 00 Hr. 20 00 Hr. 35 00 Hr. 40.00 Hr. 200.00 Hr. 200.00 Hr. 200.00 Hr. 200.00 Hr. 1.50 ea. 2.50 ea. 15.00 ea. 20.00 ea .05 ea .07 ea .10 ea 7.00 ea 14.00 ea 14.00 ea .31 Mi JUN 2 5 2002 C ... ~ARBER & ~~~RUNDAGE, r~c. Professional engineers, planncm, surveyors RECEIVFD APR ! ~ ~ April 17, 2002 Collier Cry Public Works Stormwater Mgmt. Attm Robert C. Wiley, P.E. Horseshoe Square, Ste. 212 2685 S. Horseshoe Dr. Naples, FL 34104 Re: Wiggins Pass Road Outfall P.O. 006446 ABB P/N 7316-2 Dear Robert: We are submitting Amendment No. 1 to P.O. ~006446 for your approval. We would like to increase Task A. Engineering Services by the balance not used in Task B. Surveying services and propose a budget for construction services as follows: Original Budget Task Budltet Change New Budget Task A Engineering Services 33,000.00 Task B Surveying Services 16,000.00 Task)g(' Construction Services 0.00 Total 49,000.00 2,463.25 35,463.25 (2,463.25) 13,536.75 29,679.00 29,679.00 29,679.00 78,679.00 Attached is an e-mail memorandum from Roger Sandrus estimating his conslruction observation time and a man-hour/cost estimate for construction services. Should you have any questions please do not hesitate to call me. Very truly yours, AGE, INC. P.E. M:\7316-2 Wiggins Pass Rd Outfall\Correspondenee~roposalXAmend. No. 1 .PRO AGEND_A I~).~ JUN 2 5 2002 Pg. ~ ,g,g:gg ~ E AI~ENDA ITF..M.. , No. / I ~, ~ EXECUTIVE SUMMARY APPROVE CONTRACT AGREEMENT NO. C-12252-A1 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A TIME EXTENSION OF A FUNDING ASSISTANCE AGREEMENT FOR THE GATEWAY TRIANGLE STORMWATER IMPROVEMENTS (Project No. 31803) OBJECTIVE: Obtain the Board of County Commissioners approval of a time extension to an existing funding assistance agreement with the South Florida Water Management District. CONSIDERATIONS: The Gateway Triangle project has been delayed and will not be completed until June 2003. The Stormwater Management Section is still in the process of acquiring all the necessary easements, and the Environmental Resource Permit was submitted on May 23, 2002. We have requested a time extension for the cooperative agreement (contract No. C-12252-A1) with the South Florida Water Management District and need the Boards approval for the extension. This agreement is the mechanism by which the South Florida Water Management District will assist in funding (50% matching up to a maximum of $49,000) some of the water quality improvements proposed as a part of the Gateway Triangle Stormwater Improvements. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve Contract No. C-12252-A1 and authorize the Transportation Administrator to sign the contract. SUBMITTED BY: Peter S. Hayden, E.I., Project Manager Stormwater Management Section/TECM Date: ~' "/3 ' ~7'- Robert C. Wiley, p~gr., Principal Project Manager Stormwater Management Section/TECM Gregg Strakaluse, Director Transportation Engineering & Construction Management Date: AGF.,I~DA)~EM JUN 2 5 2002 pg. i Executive Summary Gateway Triangle Project SFWMD Contract Extension Page 2 ~~5~.~,~ .~ APPROVED BY: ' ' r Date: Enclosures: Contract No. C- 12252-A1 AGE~NDA No. I ~ I JUN 2 5 2002 Pg. ~ ORI61NAL QSOUTH WATER MANAGEMENT DISTRICT FLORIDA AMENDMENT C-12252-A01 AMENDMENT NO. 01 TO AGREEMENT NO. C-12252 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY STORMWATER MANAGEMENT DEPARTMENT This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated June 18, 2001, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Stormwater Management Department (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its September 12, 2002 meeting, approved entering into this AMENDMENT NO. 01 with the COUNTY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance and amend the Payment and Deliverable Schedule; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1) The expiration date of the AGREEMENT is hereby extended by one (1) year, extending the AGREEMENT term to June 17, 2003. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective as of June 18, 2002. 2) This AMENDMENT NO. Amendment No. 01 to Agreement No. C- 12252 - Page I of 2 01 shall be at no additional cost to the DISTRICT. AG EI~I:3~ITE~. No. J UN 2 5 2002 OSOUTH WATER MANAGEMENT DISTRICT FLORIDA AMENDMENT The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "DI", attached hereto and made a part of this AMENDMENT NO. 01. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFWMD PROC~ APPROVED COLLIER COUNTY STORMWATER MANAGEMENT DEPARTMENT By: Title: Amendment No. 01 to Agreement No. C- 12252 -- Page 2 of 2 AGENDA IT~~ No. JUN 2 5 2002 Pg /-I EXI-HBIT "DI" C-12252-A01 Revised Payment & Deliverable Schedule Payment Task Number Deliverable Description Due Date Amount Task #1 Preliminary Design of Stormwater 15 months from $0 Improvement project contract execution Task#2 Obtain permits for construction of 16months from $0 project contract execution Task #3 Final Design and Bidding 15 months from $0 contract execution Task ~t4 Construction of Stormwater 2 years from $49,000.00 Improvement Project contract execution SFWMD $49,000.00 Total: Exhibit "DI" to Agreement No. C-12252-A01, Page I of I AGENDA ITEM, No. JUN 2 § 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER AMENDMENT NO. NTI.FT-02-02-A01 IN THE AMOUNT OF $2~,080 TO NATIVE TECHNOLOGIES INC. FOR THE GORDON RIVER CLEANOUT PROJECT #3100~. ~ To receive Board approval of Amendment No. 1 to the Gordon River Cleanout Froject Work Order for exotic vegetation removal services by Native Technologies Inc. in accordance with the Annual Contract for Countywide Exotic Vegetation Removal, Contract No. 00- 3125. CONSIDERATIONS: The schedule of work for Phase 1 of this exotic vegetation removal and mangrove alteration project, approved by the BCC on 4/9/02 - Item 16B4, requires an extension. This schedule change is necessary due to an overestimation of the rate at which work would proceed, an underestimation of the amount of material being removed, and the lack of allowance for delays attributed to mechanical problems. Phase 1 was originally estimated to take 2 to 3 weeks to complete. Shortly after work commenced it was apparent that 2 to 3 additional weeks would be required to complete Phase 1. A mutually agreed upon daily rate was negotiated with Native Technologies Inc. along with a revised project schedule adding 10 additional work days if necessary to complete Phase 1. With the addition of ten (10) days at $2,508.00 per day the total amount of this change order is $25,080.00. FISCAL IMPACT: Funds in the amount of $25,080 are available in the Water Management CIP Fund within the Gordon River Basin Planning Project. Source of Funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Approve Work Order Amendment No. NTI-FI'-02-02-A01 to Native Technologies Inc., in the amount of $25,080.00. (2) Authorize the Board Chairman to sign and execute Work Order Amendment No. NTI-FT- 02-02-A01 with Native Technologies Inc. SUBMITTED BY: -~~/~' q~'- Date: (9 -t ~--d~) ~_ Gerald N. Kurtz, Engineer Stormwater Management Section/T.E.C.M. Department REVIEWED BY: '7'~o~'~ C ~~ Date: ~ -/2-0 ~. Robert C. ~Iv'iley, P.E., l~rrincipal Project Manager Stormw. at~ Management Section/T.E.C.M. Department APPROVED BY: :/~'.~, ~ Date: ~_ f~r_~..,._ Normar~Feder, A,C.I.P., Administrator TranspOrtation Division AGENI21A ITEM Attachments: Work Order Amendment No. NTI-FT-02-02-A01 Native Technologies 5/24/02 cost per day quote JUN 2 5 2002 AMENDMENT NO. I TO WORK ORDER NTI-FT-02-02-A01 TO: Mr. Robert B. Miller, Senior Vice President Native Technologies Inc. 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 DATE: June 11,2002 PROJECT NAME: Gordon River Cleanout Projec.t. Under our AGREEMENT dated March 22, 2002, You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: The schedule of work for Phase 1 has been extended by ten (10) working days if necessary with an agreed upon cost of $2,508.00 per day. FOR THE Additive Sum of: $ 25,080.00 Original Agreement Amount: $ 80,000.00 Sum of Previous Changes: $ 0 This Change Order (Add): $ 25,080.00 Present Agreement Amount: $105,080.00 The time for completion of Phase one shall be increased by 10 workdays due to this Change Order. Accordingly, the Contract Time is now t8 workdays for Phase 1 with Phase 2 remaining unchanged at 30 calendar days. The substantial completion date is July 13, 2002 and the final completion date is September 11, 2002. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. CONTRACTOR: OWNER: NATIVE TECHNOLOGIES, INC. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By: Lewis J. Lautin, President James N. Coletta, Chairman Date Date Approved as to form and Legal sufficiency: Robert Zachary, Assistant County Attorney JUN 2 5 2002 F:2vlS Word Files Stormwater\Gordon River CleanoutLa, mend WO__.doc Native Technolo 'e c2 3215 NW 10th Terrace, Sui Fort lauderdale, Florida 33~ Phone 954.523.5236 · 888.301.1', Fax 954.462.7C ww w. nativetechnologiesinc.c~ May 24, 2002 Mr. Gerald N. Kurtz Engineer Collier County Government Horsehoe Square, Suite 212 2685 South Horseshoe Drive ~T~ ~ ~ RECEIVED MA' 2 8 2002 Re: Gordon River Cleanout Project Collier County Stormwater Department Dear Mr. Kurtz: As you are aware the South Florida Water Management District is running well behind the agreed upon schedule of 2 weeks and will not meet the completion time in the Notice to Proceed for Task 2 Phase I of the week of May 20, 2002. In accordance with the Correspondence from Mark Chalkley dated March 19, 2002, the following is a breakdown of the additional per day charges to continue the Task 2 Phase 1 services: 1. Lodging and meals $ 94.00 2. Project Manager $ 91.00 3. Crew Supervisor $ 258.00 4. Excavator Operator $ 258.00 5. Two Skilled Laborers $ 331.00 6. Equipment fuel $ i99.00 7. Crew Trucks and Fuel $ 299.00 8. Excavator $ 487.00 9. Chipper $ 232.00 10. Skiff $ 33.00 11. Barges $ 226.00 Total Per Day Cost $2,508.00 AGENDA ITEM No. i~ [5 tt JUN 2 5 2002 pg. Please issue the necessary change order to reflect of your agreement to these additional per day cost so as not to impede our proceeding with the work. State Certificate Thank you for your assistance in this matter and should you have any questions please let me know. Sincerely, Senior Vice President C: Lew Lautin, NTI Mark Chalkley, NTI Wayne Hall, NTI Debi Perdue, NTI AGENDA .ITEM J U N 2 ~2002 q Pg. EXECUTIVE SUMMARY APPROVE AWARD OF A CONSTRUCTION CONTRACT TO THE LOWEST BIDDER, AJAX PAVING INDUSTRIES, INC., FOR THE 2001-2002 PATHWAYS PROGRAM, BID No. 02-3376 IN THE AMOUNT OF $613,797.75 OBJECTIVE: To receive the Board approval and award of the construction contract to Ajax Paving Industries, Inc. for the 2001-2002 Pathways Program. CONSIDERATIONS: Advertisement for BID No. 02-3376 was published on May 17, 2002. Bid opening was conducted on June 6, 2002. Six bids were received as follows: A[ax Paving Industries~ Inc. Better Roads, Inc. Bonness, Inc. Cougar Contracting Specialties, Inc. Florida State Underground, Inc. Neubert Construction Services, Inc. $613,797.75 $633,296.36 $634,982.92 $630,023.97 $629,005.15 $629,217.50 The project consists of constructing sidewalks on the North 11t~ Street, South 5th Street, South 6th Street, Francis Avenue, Airport-Pulling Road, 18~ Place SW and 18t~ Avenue SW, Johns Street, and Pelican Street. FISCAL IMPACT: A budget amendment is needed to move $14,000.00 fi.om project 60171 to project 60173. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board: 1) Approve award of construction contract to the lowest bidder, Ajax Paving Industries, Inc., for the 2001- 2002 Pathways Program for the total amount of $613,797.75; and 2) Authorize the Chairman to execute the Construction Agreement w/th Ajax Paving Industries, Inc.; and 3) Approve necessary budget amendment. SUBMITTED BY: /~ ~ Daniel G. Edward J. Kanb,~l: .~ ..~/TD,~ ~k_~or ) St~pfien Y. Camell, ~l~irector ~ ,~ APPROVED BY: N(~'E. Fe~ter, A.I.C.P, Administrator TranSportation Division Date ~/~ ~ Date g~[ [ /('~"~ Date AGEND& ITEM NO. ~ I .'~ JUN 2 5 2002 Pg. { EXECUTIVE SUMMARY DIRECTION FOR THE COUNTY ATTORNEY TO PREPARE A WRITTEN NOTICE OF TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AND THE CITY COUNCIL OF THE CITY OF MARCO ISLAND, DATED JANUARY 19, 1999, WHICH PROVIDES FOR THE COLLECTION OF COUNTY IMPACT FEES BY THE CITY GOVERNMENT, THE PERCENTAGE DISTRIBUTION BETWEEN THE TWO ENTITIES OF ROAD IMPACT FEES COLLECTED BY THE CITY, AND REIMBURSEMENTS FROM THE COUNTY TO THE CITY FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE COLLECTION OF COUNTY IMPACT FEES OTHER THAN THOSE FOR ROADS; AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE NOTICE OF TERMINATION ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS; AND DIRECTION FOR STAFF TO COMMENCE NEGOTIATION OF A NEW INTERLOCAL AGREEMENT OBJECTIVE: To obtain direction from the Board of County Commissioners for the County Attorney to prepare a written Notice of Termination of the interlocal agreement between the Board of County Commissioners of Collier County (County) and the City Council of the City of Marco Island (City), dated January 19, 1999, which provides for the collection of County impact fees by the City government, the percentage distribution between the two entities of Road Impact Fees collected by the City, and for reimbursements from the County to the City for administrative costs associated with the collection of County impact fees other than those for Roads; also, to obtain Board authorization for the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners. CONSIDERATIONS: The City of Marco Island was incorporated in 1997 by majority vote of the eligible residents residing within the proposed City limits. During Marco Island's transition to the status of a municipality, representatives of the County and the new City met and discussed numerous fiscal matters affecting both entities. Whereas, the City would take on the responsibility of permitting new residential and commercial construction within the city limits, it was necessary for the two entities to reach agreements on various issues related to the assessment and collection of impact fees. Chapter 74 of the Collier County Code of Law and Ordinances provides for the assessment of impact fees to provide a revenue source to partially fund capital improvements to the County's various capital facility systems. These impact fees are assessed for new construction in both the unincorporated and incorporated areas of the County. Termination of Interlocal Agreement with City of Marco Island Page 2 In order to ensure that County impact fees would continue to be assessed and accounted for in an expeditious and efficient manner, the two entities entered into an interlocal agreement on January 19, 1999. Among the provisions of the agreement, the City committed to the collection of all applicable County impact fees as a condition for the issuance of a building permit. The agreement stipulates that the City will retain 60% of the Road Impact Fees collected in each City fiscal year and that the fees retained shall be used for capacity improvements and additions to the transportation network necessitated by road impact fee construction. There is concern that the 60:40 split of Road Impact Fees may not allow for sufficient funding for growth-necessitated capital projects, especially transportation projects, outside the City of Marco Island. The County is required by law to ensure that impact fee expenditures are distributed commensurate to impacts on public facilities created by new construction throughout the entire impact fee benefit area. Road Impact Fee District 4, of which the City of Marco Island is a part, covers a large area generally extending south from Rattlesnake Hammock Road and east to the southwestern part of Golden Gate Estates and along the west side of San Marco Road (CR 92) beginning at its intersection with East Tamiami Trail (U.S. 41). FISCAL IMPACT: Termination of the existing interlocal agreement and negotiation of a new agreement will ensure that there is a rational nexus between the public facilities system impacts created by new construction and the geographic allocation of impact fee revenues for capital improvement project expenditures throughout the applicable benefit areas. Since FY 99, the City of Marco Island has retained more than $1.6 million in Collier County Road Impact Fees collected as a condition for the issuance of building permits. In the same period of time, the County has contributed nearly $620,000 to the City for transportation capital projects. County impact fee receipts over and above the $1.6 million retained by the City have been used to fund these contributions. The County has also provided the City almost $71,000 in additional contributions funded by gas taxes. GROWTH MANAGEMENT IMPACT: Revisiting the subject interlocal agreement will contribute toward ensuring that sufficient funds are available for capital improvement projects identified in the Capital Improvement Element of the Growth Management Plan. 2 5 2L"'2 I Termination of Interlocal Agreement with City of Marco Island Page 3 RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to prepare a written Notice of Termination of the interlocal agreement between the Board of County Commissioners of Collier County (County) and the City Council of the City of Marco Island (City), dated January 19, 1999, which provides for the collection of County impact fees by the City government, the percentage distribution between the two entities of Road Impact Fees collected by the City, and for reimbursements from the County to the City for administrative costs associated with the collection of C°unty impact fees other than those for Roads; that the Board authorize the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners; and that staff commence negotiation of a new interlocal agreement. PREPARED BY: Date: Phiflip R. Tindall, Impact Fee Coordinator /; /~/'/~. ~ Date: APPROVED BY: Norn~n E. Feder, AICP, Administrator Tra~portation Services Division Attachment: Interlocal Agreement Dated January 19, 1999 AGF.~DA~TEM... No._ JUN 2 5 2002 u CL~RK TO THB BOARD 2437032 OR: 2514' FG: 2920 INTERLOCAL AGREEMENT IMPACT FEES THIS INTERLOCAL AGREEMENT is made and entered into this iq r~ day of,. ~~,,~. ,,-,./ , 1999, by and between the Board c~ft"m,n~., c~,.,,.,,;,-,,.; ..... ~' Collier County, Florida (hereinafter called the "COUNTY") and the City Council of the City of Marco Island, Florida, (hereina~er called the "CITY"). WHEREAS, Chapter 74 of the Collier County Code of Ordinances provides for the imposition of impact fees to provide a source of revenue to fund the constructior~ improvement of regional and community parks, the library system, the emergency medical services system, roads, and educational facilities system; and WHEREAS, the impact fees provided by the Collier County Code of Ordinances are imposed in both the unincorporated and incorporated areas of Collier County; and WHEREAS, the parties are desirous of establishing a uniform procedure for the collection of impact fees whereby impact fees shall be imposed and calculated as provided in Chapter 74, Collier County Code of Ordinances, and that such impact fees must be paid prior to the issuance ora building permit; and WHEREAS, Chapter 74, Collier County Code of Ordinances provides that a municipality may enter into an interlocal agreement with Collier County providing for the collection of impact fees, and a.s such impact fees shall be collected and paid in accordance with the provisions of the interlocal agreement; and AGENDA. JTEM. No. [,?t5,_ JUN 2 5 2002 WHEREAS, the parties agree that it is in the best interest of Collier County residents that impact fees imposed on ne~v develbpment be collected and accounted for in an expeditious and efficient manner, and that such efficiency can be achieved by the collection of impact fees by the local government issuing building permits. NOW, THEREFORE, in consideration of the premises the parties agree as follows: Section I. Agreement. The CITY hereby agrees to assist and cooperate with the COUNTY in collecting impact fees as set forth in Chapter 74 of the Collier County Code of Ordinances within the boundaries of the CITY. Section II. Payment of Fees. The CITY shall require, as a condition to the issuance ora building permit, the payment to the CITY or proof of payment of all impact fees imposed by the COUNTY for a proposed construction and/or alteration project. - Section III. Parks and Recreation Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, and Educational Facilities System Impact Fees. The CITY agrees to assist and cooperate with the COUNTY in collecting Regional Parks and Recreation Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, and Educational Facilities System Impact Fees as set forth in Chapter 74, Collier County Code of Ordinances and imposed within the boundaries of the CITY in accordance with the following:-- AGE~,NDAr?.E~M JUN 2 5 2002 The CITY shall require, as a condition to the issuance of a Bu'ildin~ Permit, the payment to the 'CITY of the Regional Parks and Recreation, Emergency Medical Services System, Educational Facilities System, and the Library System Impact Fees imposed by the COUNTY for the proposed construction or alteration. lld~~'t~')..15~,tl, ms~ Impa'-~lK%~.-T*-~- Both parties ac~owledge that ~e mount reimbursed is equal to the cost incu=ed for the collection of these fees, including any incre~e in bonding or surety cost ~om the h~dling of these additional monies. ~e Regional P~ks ~d Recreation, Emergency Medical Se~ices System, Education Facilities System, ~d Libr~ System Impac/Fees collected shall be remitted in accord~ce with Section VII of this a~eement. - Section IV. Road Impact Fees. ~e CI~ a~ees to ~sist ~d cooperate with the CO~ in collecting Road Impact Fees ~ set fo~h in Chapter 74, Collier CounW Code of Ordinances and imposed within the bound~es of the CITY. ~~n~ct~on or alteratmn ~e C~ will retm · · ' 'n 60 ~?'~i~6~r~ met v~ ffl~.mad Il. I%1 JUN 2 5 2002 ~~i~~l~. The Road Impact Fees collected above the 60% shall be remitted to the COUNTY in accordance with Section VII of this agreement. Said monies remitted to the COUNTY shall be used for capacity improvements on CITY'. COUNTY, and/or State roads within or adjacent to the existing or amended boundaries of the CITY. Representatives of the CITY and COUNTY shaI1 meet at least annually to coordinate and prioritize their respective projects to facilitate effectiveness of capacity improvements. Section V. Developer Contribution Credits. Any credit granted against any impact tees collected or imposed by Chapter 74, Collier County Code of Ordinances, for certain donations of land or for the contribution of off site improvements to the transportation network required to be made pursuant to a development order by the CITY or if voluntarily made in connection with road impact fee construction, shall be approved by the COUNTY. Section VI. Review Hearings. Collier County shall conduct any review hearings requested by an applicant or an owner under the provisions of Chapter 74, Collier County Code of Ordinances. Section VII. Remittance. The impact fees collected from developments within the city limits of Marco Island shall be remitted, without interest, by the CITY, to the COUNTY monthly. The remittance of AGENDA ITEM JUN 2 5 2002 6 funds to the cOLrNTY shall take place by no later than the fifteenth (15th) of the month following the month of impact fee collection. The COUNTY shall transfer road impact fees collected within the boundaries of the CITY during the period October 1, 1997 through September 30, 1998, less applicable capital expenditures, with forty percent (40%) of said collected fees to be used for San Marco Road (CR92) improvements or at the discretion of COUNTY for any other applicable roadway improvement within the city limits. Road impact fees collected for the Esplanade project, Collier County Site Development Plan (SDP,) Number 97-155A shall also be transferred to the CITY. Any unspent community park impact fees collected within the Marco Island district shall be transferred to the CITY. Section VIII. Term. This a~eement shall be for an initial term of twelve (I2) months beginning October 1, 1998, through September 30, 1999. This initial term shall be automatically renewed for additional one-year terms commencing October I of each year and terminating September 30 of the succeeding year unless one party delivers a written notice of termination to the other party prior to August 1 of each year. Section IX. Right of Review. CITY and COUNTY shall each have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records as to the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and places. 7 AGENDA I/EM No. ~/~ /-~ I JUN 2 § 2002 Section X. Amendments. The COUNTY shall provide written notice to the CITY of amendments to Chapter 74, Collier County Code of Ordinances, prior to the effective date of any such amendment. Section XI. Notices. All notices required under this agreement shall be directed to the following offices: For the COUNTY: Office of the County Administrator 3301 East Tarniami Trail Naples, Florida 34112 For the CITY: Office of the City Manager 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145 Section ×II. Hold Harmless - COUNTY.. The COUNTY agrees to hold the CITY harmless from all liability, which may-result from the performance of its obligations herein, done in accordance with the terms of this agreement. Section XIII. Hold Harmless - CITY. The CITY agrees to hold the COUNTY harmless fi.om all liability, which may result from the performance of its obligations herein, done in accordance with the terms of this agreement. AGENDA.L,TEM--, No. I/a JUN 2 5 2002 Pg. q IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: Deputy City Clerk CITY OF MARCO ISLAND, FLORIDA David Brandt, Chairman DATED:.. ATTEST: '.~. DWIGHT E. BOARD OF COUNTY COMiYHSSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac Kie, Chairwo~nan Approved as to form and legal sufficiency: Kenneth B. Cuyler City Attorney Approved as to form and legal sufficiency: David C. Weigel County Attorney 9 AGENDA ~EM No. II~Q'% ~ "'-) JUN 2 5 2002 EXECUTIVE SUMMARY APPROVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALIZATION AND RAMP REALIGNMENT FOR THE IMMOKALEE ROAD AND TARPON BAY '~NTERSECTION TO PE EUILT V.':.TU THE IMMOKALEE ROAD/I-75 INTERCHANGE IMPROVEMENTS, PROJECT NO. 66042. OBJECTIVE: To receive Board's approval of the negotiated Agreement for the Design and Construction of Traffic Signalization and Ramp Realignment for the Immokalee Road and Tarpon Bay Intersection with Brentwood Land Partners, LLC, a Delaware limited liability company. CONSIDERATION:. The County Attorney's Office has negotiated an Agreement with Brentwood Land Partners, LLC, a Delaware limited liability company for the Design and Construction of Traffic Signalization and Ramp Realignment that will be built with the proposed Immokalee Road/I-75 Interchange Improvements. Because the signalization is desired, Brentxvood Land Partners have agreed to pay their share of these improvements and shall pay all sums due under this agreement prior to the issuance of a Notice to Proceed for the Immokalee Road~I-75 Interchange Improvements. Brentwood Land Partners share of these improvements are as outlined in the attached Agreement. The shares of the cost of the ramps are assigned on the basis of the proportionate share of the traffic volume contributed to the intersection of 1-75 and Immokalee Road by each of the parties. FISCAL IMPACT: This Agreement has no Fiscal Impact on the County. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 66042) is consistent with the Transportation Groxvth Management Plan. RECOMMENDATION: That the Board of County Conmfissioners approve the Agreement and authorize the Chairman to sign said Agreement. SUBMITTED BY: L '.Y~'R. T~orpe, P.E., Principal Project Manager REVIEWED BY'[ ~.~ L~n R. ~ho~e, P~., Principal Project Manager APPROVED By: ~2 Gregg Stra luse, P~., Director, T.E.C.M. APPRO~D BY: No,an E. Fedrr, AICP, Administrator ~ranspo~ation Division DATE: GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Kevin G. Coleman J. Dudley Goodlette' Kenneth R. 3olmson Richard D. Yovanovich Kenneth B. Cuyler Harold J. Webre, III Jonathan D. Fishbane Northern Trust Bank Building 4001 Tamiami Trail North Naples, FI 34103 (941) 435-3535 (941) 435-1218 Facsimile Linda C. Brinkman Eric M. Borgia Pieter G. VanDien Writer's e-mail: rvovanovich'a'2cilaw corn * Board Certified Real Estate Attorney June 12,2002 via Hand Delivery Jacqueline Hubbard Robinson, Esquire Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112 RE: Developer Agreement for 1-75/Tarpon Bay Boulevard Improvements Dear Ms. Robinson: Enclosed please find the original Agreement for the Design and Construction of Traffic Signalization and Ramp Realignment executed by our client. if you have any questions regarding this matter, please feel free to contact me. Very truly yours, f... ',, /' 57 / ~ " I ~ . t Richard D. Yovanovich .) ,d ~'"<~---- RD'¥':smc F.' DATA\WPDATA\LITIGATE\PRIME\6-12-02robinson.wpd AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALIZATION AND RAMP REALIGNMNET This A~eement is made and entered into this __ _ day of __, ?02, by and between Brentwood Land Partners, LLC, a Delaware limited liability company CBrentwood") and the Board of County Commissioners of Collier County, Florida ("County"). WHEREAS, County agrees to design and construct the realignment of the 1-75 ramps at the 1-75 Immokalee Road interchange, design and construction improvements to Immokalee Road relating to the operation of 1-75 and install a new traffic signal at the intersection of Immokalee Road and future Tarpon Bay Boulevard, including the interconnection of said traffic signal with the existing traffic signals on Immokalee Road from The Strand to Oaks Boulevard ("The Project"); and wHEREAs, Brentwood has agreed to pay its fair share of the costs associated with the Roadway Improvements as set forth in this Agreement. W1TN'-ESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable considerations exchar~ged,between the parties hereto, and in consideration of the covenants contained herein, ire parties agree as follows: 1. The above recitals are true and correct and are incorporated herein. The "fair share" contributions from the parties shall be computed as follows: BRENTWOOD COU'NTY Two lanes of the Northbound 1-75 Off Ramp 100% 0% Southbound 1-75 Off Ramp 15% 85% Northbound 1-75 On Ramp 0% 100% IMPROVEMENT BRENTWOOD COUNTY Southbound 1-75 On Ramp 0% 100% Immokalee Road Improvements 37% 6., ,o JL/."4 2 a 2 ..2 Traffic Signalization/Median Improvements at Intersection of Lmrnokalee Road and Tarpon Bay Boulevard 100% 0% 5. The County will have complete control of the sequence of construction and it is the County's intent to construct the improvements to the 1-75 ramps first. 6. Brentwood shall pay 100% of the costs of all improvements needed to facilitate the Traffic Signalization/Median Improvements of Immokalee Road and Tarpon Bay Boulevard [South] and Northbrooke [North]. These costs shall include turn lanes, median cuts, bridge modification and associated road improvements. 7. Except as provided herein above, this Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. The benefits of the Agreement shall inure to all successors in interest to the parties to this Contribution Agreement. 8. Each party to this Agreement shall have standing to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this A~eement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement.. The prevailing party shall recover attorney's fees from the other party. 33"4 2'i ," v ' 4. Brent~vood shall pay all sums due under this Agreement prior to the issuance of a Notice to Proceed by the County for the Project. Interconnection of Traffic 100% 0% Signals 3. The foregoing shares of the cost of the ramps are assigned on the basis of a proportionate share of the traffic volume contributed to the intersection of 1-75 and Lmmokalee Road by each of the parties, individually. Traffic volumes are based upon the approved PUD Zoning Master Plan for Brentwood's project. The CountY's share is based upon the background traffic as of 1998, escalated at 10.61% per year through 2004, a five-year period. The PUD traffic volumes are based upon the values for the associated · th land use found in Trip Generation -6 Edition, 1997, published by the Institute of Transportation Engineers (ITE). A narrative description of the road improvements together with professional opinions of probable construction costs for the proposed construction are attached hereto as Composite Exhibit "A" which is incorporated herein bv reference· The County will use its best efforts to complete construction of the P~oadway Improvements by December 31, 2002. The anticipated completion date is contingent upon the County entering into a Local Agency Participation Agreement ("LAP") with the Florida Department of Transportation ("FDOT"). The County will exercise due diligence to enter into a LAP with FDOT. 9. The Board of County Commissioners hereby delegates to the Administrator of the County's Transportation Divisio? ~11. authority to administer this Agreement or b:: .alf of the C06nL ,. IN WITNESS WHEP,.EOF, the parties havt; ~ .,nxed their signatures by their duly authorized representatives. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk WITNESSES: BOARD OF coUNTY cOMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman BRENTWOOD LAND PARTNERS, LLC, a Delaware Limited Li~Company Title: ~' STATE OF ILLINOIS coUNTY OF cOOK The foregoing instrument was acknowledged before me this 1 lth day of June, 2002, by Richard F. Cavenaugh of Brentwood Land Partners, a Delaware limited liability companY. Richard F. Cavenaugh is personally known to me and he produced Illinois Driver's License No. C 152-7466-0284 as identification. LISA STINER ~ Notary Public Name: Lisa Stiner My Commission Expires: Approved as to form and legal sufficienc>: H lackieJTransportation RLS/agr~emcnt for design and coastrucuon EXECUTIVE SUMMARY,, APPROVr' T; '- METROPOLITAN PLANNING ORGANIZATION (MPO) BUDGET FOR GRANT YEAR 2002-2003 OBJECTIVE_.._._~ To establish the Metropolitan Planning Organization (MPO) operating budget for the grant year 2002-2003 which begins July 1,2002. CONSIDERATIONS: This request is consistent with the MPO's Unified Planning Work Program (UPWP) adopted by the MPO Board on May 10, 2002. There is a local match required for the Transit Planning support (Federal Transit Administration Section 5303 Grant) in the amount of $1,563. All other funds are from state and federal sources for the transportation planning and public transportation operations in Collier County. FISCAL IMPACT: The local match from the general fund (001) is $1,563 out of a total budget of $660,491. ~ GROWTH MANAGEMENT IMPACT: This is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the MPO operating budget and all associated budget amendments. Prepared by: ~.~-,t.-,.;~,/~l (~~~e~ R °~/~~ r ri~~~~anag - Reviewed by: _ Don Scott),lTransportation P~anning Director Approved by: ~/r~~ ~/~ Date: Feder, Transportation Services Administrator No rma_ E. ' AGENGAITEM .JUN 2 5 2002 AGENDA ITEM JUN 2 5 2002 . P_.g._ ~ =.._._ EXECUTIVE SUMMARY PRESENTATION OF THE REVISED TRANSPORTATION 5-YEAR ROAD PLAN AND REQUEST THE APPROVAL OF AN ADDITIONAL SEN1CF. PROJECT MANAGER POSITION TO THE TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT. FISCAL YEAR 03 COST $85,300. OBJECTIVE: To advise the Board of County Commissioner of the Revised Transportation 5-Year Road Plan and request the approval of an additional Senior Project Manager position in Transportation Engineering and Construction Management Department. CONSIDERATION: In December 2001, Transportation presented the Board of County Commissioners the Transportation 5 year plan. During the FY03/04 budget preparation several right-of-way costs increased and the project budgets were revised to include these increased costs. Specifically, right-of-way costs for Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road), Immokalee Road (US 41 to 1-75) and Immokalee Road (Collier Boulevard (CR951) to 43rd Avenue NE) increased significantly. Other changes to the plan include the addition of 4 projects. These projects include: Collier Boulevard (Golden Gate Boulevard to Green Boulevard):. This project includes the Design Phase in FY 04 and ROW in FY 05/06, adding 57,300,000 to the 5- year work program. Collier Boulevard (CR951) (Davis Boulevard South - US 41)'.. This project includes Design & Mitigation in FY 03; ROW in FY 05/06; Construction and Inspection in FY 06, adding S61,298,000 to the 5-year work program. Goodlette Frank Road (Pine Ridge Road to Golden Gate Parkway): This project includes Design in FY 03; and Construction and Inspection in FY 05, adding S 15,900,000 to the 5-year xvork program. Green Boulevard (Collier Boulevard (CR951) to Santa Barbara Boulevard): This project includes Design & Study in FY 04 and ROW in FY 05/06, adding $4,500,000 to the 5 year work program. The four projects are being added to the five year road plan based on the current projections of the need for these projects under the soon to be implemented "checkbook" concurrency management system. Collier Boulevard from Golden Gate Parkway to Pine Ridge Road is currently operating at an acceptable Level-of-Service (LOS) but is projected to be below standard by 2005. This roadway segment currently operates at a volume to capacity at LOS standard ratio (v/c) of .83 and xvould then e--*"l;~,~.,t~,? .. ~ ~ backlogged status. Based on the current growth trends, this facility ma3 have 'ftffth~t"'l fro~CDavts-[ ~ growth restrictions if improvements are not programmed. Collier Boulevar J U N 2602 p~. I Boulevard to Rattlesnake-Hammock Road and the section from Rattlesnake-Hammock to US 41 are currently operating at an acceptable LOS but both are projected to fall below LOS standard by 2005 and 2006, respectively. Both of these segments will also fall under growth restricti'ons if ti~e project impro,,ements are not prograrnmed. Goodlette-Frank Road between Pine Ridge Road and Golden Gate Parkxvay currently operates at LOS D and is not projected to fall below the LOS standard for several years but is included in the revised work program to address the US 41 deficiencies within the same limits. US 41 between Golden Gate Parkway and Pine Ridge is currently operating at LOS F and is constrained to six lanes with no opportunities for improvements. Green Boulevard from Collier Boulevard to Santa Barbara Boulevard currently operates at an acceptable LOS and is projected to operate at an acceptable LOS over the next few years but is included in the revised work program to address projected deficiencies on Goldeh Gate Parkway between Santa Barbara Boulevard and Collier Boulevard. This segment currently operates at LOS D with a v/c of .90 and will also face growth restrictions without any improvements. This segment of Golden Gate Parkxvay is not programmed to be improved and, based on the right of way restrictions and impact to the community, it is not planned to be widened. As an alternative, Green Boulevard, along with improvements to Collier Boulevard and the currently programmed Santa Barbara Boulevard improvements, will help alleviate existing and future congestion problems on Golden Gate Parkxvay. In addition, a planned future study to extend Green Boulevard over 1-75 to Livingston Road will make this entire corridor a more viable option for drivers currently using Golden Gate Parkway between Collier Boulevard and Santa Barbara Boulevard. With the 4 additional projects that have been added to the'Transportation Work Plan, a Senior Project Manager position is being requested to manage the additional work load. The cost of $85,300 includes salary & benefits, office furniture and a computer. FISCAL IMPACT: There is no fiscal impact in FY 02. For FY 03 $85,300 needs to be budgeted in the Transportation Supported Gas Tax Fund for the nexv Sr Project Mgr. and $5,800,000 for design and mitigation costs for CR951 (Davis South to US41) and Goodlette Frank Road (Pine Ridge Road to Golden Gate Parkxvay) as outlined on the attached 5 Year Road Work Program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners accept the Revised Transportation 5 Year Road Plan and Approve the request for an additional Senior Project Manager Position for the Transportation Engineering and Construction Management Department. GE,qDA I~ [M .o.,, tOaD JUN 9...E 2002 P~. c~ ~ / fL.', ~ '~,gA.~'~.~ SUBMITTED BY: ./ /'~' "' '~'" S-h&on i' ~ewm, an, Accounting Supervisor ~)ale A. Bathon, P.E. Principal Project Manager Transportation Engineering & Construction Management ~ ..~z''/ DATE: REVIEWED ~j/Lyr~R. Thorpe, principal Project Manager Transportation Engineering & Construction Management .'cO nnin ~3on ~cott, Transportation Pla g Director BY: ~ ,' APPROVED k4,. L, L n,./'(,~. L b 10 i~/JJ; L ? DA.T?~ - ' ' . Feder Transportatign.Servi~e~s Piv)si°n ^cxm Norman E ' / ~Lr'~ [ ~ ~'~ ~-. .9< (~c t - AGEN i,..D~~ I'r~EM ~ JUN ~-$ ~0(12 L Project Name MMARY oort Pulling Iden Gate Blvd/951 -Wilson Pine Ridge Road/Airport-Logan Livingston Road/GGPKWY-Radio Immokalee Rd/CR951 Immok Rd/175-CR951 Livingston Road/GGPKWY-PRR Livingston Road/PRR*IMMK Golden Gate PkwylAirport-SBB Golden Gate pkwy Overpass Livingston Road N~mmk - Imperial Vanderbilt Bch Rd/Airport-CR951 Immokalee Rd/US41475 CR951 Collier Blvd.llmmk Rd-GG B Radio Road .Airport-Livingston Rd E/W Livingston Rd/Old 41-N/S LR Goodlette Frank Rd/VBR - PRR Logan Boulevard/PRR to VBR Santa Barbara Blvd/PRR - Davis Radio Road Intersection Radio Rd -LR-Sants Barbara Livingston Road Extension TBD CR951 Collier Blvd/Davis Blvd-GGPKWY Goodlette Frank Rd/PRR-GGPKwY~ County Barn Road/Davis - CR864 226 Goodlette Frank Rd/~mmk- VBR Vanderbilt Beach Rd/CR951-Wilson Green Bird Ext Liv - CR951 Immokalee Rd Oil Well to SR29 Vanderbilt Drive Wigg - BBR Rattlesnake Polly to CR951 Davis - Radio to CR951 Collier Blvd (GGB S to Green Blvd.) CR 951 (Davis S to US41 ~ ';oodlette Frank (PRR-GGPKW~ Sreen Bird (Collier Blvd - SBB) LT l0% Contingency otal Base Operati0n~ & Mainl~nance Bridge Repairs/ImprovementS 47 Major Intersection ImprovementS 971 Intersection Safety/Capacity Impn t,000 New Traffic Signals 820 Shoulder Safety Program 40 Pathways/Sidewalks Bike Lanes 523 Subtotal Base Operations & Mainte~ 3,40~1 Impact Fee CreditS Threshold Enhanced Oparation~ & Maintenance_ Maior Roadway Resurfacing/Reco 971 Proposed Transportation 5 Year Work Program - FY03 Revisions (Dollars shown in Thousands) 50 50 50 50 1,000 1,000 1,000 1,000 750 750 750 750 750 750 750 750 50 50 50 50 50 50 50 50 2.650 2,650 2,650__ 2,650 1,000 1,000 1,000 1,000 Subtotal Enhanced O & M 971 ~ ~ 1 000 1,000 6,600 6,600 6,600 6,600 Collector Roads/Minor Arterial Ro~ ~ ~ ~56 ~ Advanced ROW I 6 , Total Funding Request All Funds Total Revenue + Carry Forward 86,833 24,730 25,120 25,522 New Debt Service Work Plan + Debt Service 162,331 BCC Dec. Approved Work Program Variance from Appvd/Revised Kev: S = Study D = Design M = Mitigation ' C = Construction 5.878 12.484 23.106 25.503 127,189 112,549 92,062 122,023 Amount 7,864 4,809 105 34,575 5,806 13,119 27,428 15,857 32,599 11,852 27,497 36,124 15,955 275 2,500 16,973 4,650 42,931 1,806 2,575 10,600 1,900 1,200 12,991 6,200 3,300 3,900 5,300 7,500 7,900 8,200 7,300 61,298 15,900 4,500 247 4,971 4,000 3,820 240 723 4,971 36,548 5,090 549,183 66971 616,154 159,670 106,572 93,490 36,305 50,430 446,467 2,661 14,739 6,575 32,651 46,090 102,716 E = Exfiltration R = ROW AM = Access Management * = Advanced Reimbursement AGENDA ITEM .JUN 2002 Pg. EXECUTIVE SUMMARY. ADOPT A RESO[L'TiOi,'. ';, .... ~::a.~ITING CONDEMNATION OF ~.!GHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION O:.. A FOUR-LANE SECTION OF IMMOKALEE ROAD BETWEEN WILSON BOULEVARD AND CR 951 / COLLIER BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 71, PROJECT NO. 60018). ESTIMATED FISCAL IMPACT: $5,732,106. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements necessary for the construction of a four-lane section of lmmokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Immokalee Road project was given by the Board of County Commissioners on November 27, 2001, under Resolution No. 2001-450. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later this year, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. In addition, The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached memorandum dated February 19, 2002). The location of stormwater treatment ponds has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above-described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal d~scription attached to the Resolution may result in the condemnation of every parcel required for the construction of the four-lane section of Immokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of eve. ~ ~.~r,'el be :equired in crder to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $5,732,106. This amount includes-the cost of all real property rights required for construction of the proposed improvements as pg. condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $5,732,106 This amount includes the cost of all real property ri§,,ts ',;quired for construction of the proposed ira. provnm,~nts as well as all expenses for title work, real estate appraisals, staff time. and th" ,e expenses, such as property owner attorney fees and expert witness fees, which the Couhty is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee District 1 and Impact Fee District 6 funds. Source of funds are gas tax and road impact fees. GROV~rH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Immokalee Road project is an int'egral part of Collier County's Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; and 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective wil~ of the Board as evidenced by the adoption of the attached Resolution and the approval of this " / .... DATE: SUBMITTED BY: T..~ransppti~'n Rig/bt of Way Office ~evin ~n~ ~g~-W~ ~er [, ..L~ R. Thorpe, P.E., Pnnc,pal ~rojec Transpo~tion Engineering & Construction Management APPROVED BY: Transportation Division DATE: MEMORANDUM To: From: Date: Re; Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner James D. Carter, Ph.D., District #2 Commissioner Fred Coyle, District #4 Commissioner Donna Fiala, District #1 Norman E. Feder, Administrator, Transportation Division February 19, 2002 Condemnation Resolution for lmmokalee Road from Collier Boulevard to 43ra Avenue On February 26, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Immokalee Road from Wilson Boulevard to 43rd Avenue. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution, as well as the Resolution that will be brought before you in the near future for the remainder of the project. That remaining segment will be from Collier Boulevard to Wilson Boulevard. As you know, this roadway has been on the County's long range plan for many years. It has been the subject of Board meetings, ~MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: /.i '-rnate routes I~',:ed for additional east-west arterial capacity within Collier Co demands east of Collier Boulevard has been identified and studied al Page I of 3 mty_for? travel:::2-.~ .IUN 2: o planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than existing roadway alignments and the potential of the extension of Vanderbilt Beach Road east to Wilson Boulevard. Golden Ga'. Boulevard from Collier Boulevard to Wilson Boulevard is currently under expansion to four-lanes. Due to land development and significant utility conflicts, it is unlikely that this road will be expanded beyond four-lanes. Extension of Vanderbilt Beach Road from Collier Boulevard to Wilson Boulevard is in the conceptual stage of development being only recently added to the Collier County Year 2025 Long Range Transportation Plan. Immokalee Road is also the only direct arterial connection between the Immokalee area and urban Collier County. To meet immediate capacity needs, the only viable alternative is to widen Immokalee Road. Safety factors The design of the Immokalee Road improvements has been conducted to meet the standards as defined by the Florida Department of Transportation, AASHTO, and MUTCD to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for four- laning Immokalee Road has been identified. The four-laning within an ultimate six- lane right-of-way is consistent with current and near future travel demand needs and the availability of financial resources. Environmental factors Long range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. The sites were first identified and a site visit was made by the Consultants and County's environmentalist to determine if there were any affects on the environment. It was also decided early on to avoid any encroachment into the existing Cocohatchee Canal. o Costs Cost to provide for the improvements has been considered from~the-initiat~. -...,:, .c, ......... .~, .... ,..t.,~,., ~ ~-~ identification in the adopted LRTP. As the project has been re~n~'i:tun, '~t 2¢klt.~  jUN 2 5 2~':2 Page 2 of 3 :~ '~ pg. . design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. Costs were cOnsidered'in two locations that basically set the entire alignment from Wilson Boulev~d to 4.~~a Avenue. Beginning at Wilson Boulevard, the location of the Cocohatchee Canal on the north, due to our most recent experience, forced the road expansion to the south. In addition, it was determined early that the Waterways, located from Oil Well Road, to 4500 feet north, landscaped buffer area was on land owned by the Homeowners Association and would be a costly fight-of-way. Therefore, it was decided to minimize the takings in the Waterways and make up for necessary loss in right-of-way on the westerly side. The alignment from Wilson Boulevard to Oil Well Road was set on the above restraints and the geometrics in between. We are pleased to advise you that construction on this project is anticipated to commence during fiscal year 2002. This project is part of an ag~essive acquisition schedule to address the traffic needs and problems of this community. Thank you for your time and review of this vital information. N-EF:DRW:bc Co Thomas Olliff, County Manager Jim Mudd, Deputy County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Steve Miller, Director, TECMS Dawn Wolfe, Director, Transportation Planning Lynn Thorpe, Senior Project Manager, TECMS Page 3 of 3 Pg. [-5 . 1 2 3 4 $ 6 7 9 !o 1! 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 29 3o 31 32 33 34 36 37 3~ 39 4o 4t RESOLUTION NO. 2002 - A RESOLUTION AUTHORIZING THE CONDEMNA'~ !ON OF FEE SLMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS N~CESSARY FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS TO IMMOKALEE ROAD (CR-846) BETWEEN WILSON BOULEVARD AINrD CR 951 / COLLIER BOULEVARD (PHASE 2 OF CAPITAL IMPROVEMENT ELEMENT NO. 71 / PROJECT NO. 6001 $). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, thE Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2000-32; and WHEREAS, the four-laning improvements to Immokalee Road (CR-846) between CR 951 (Collier Boulevard) and 43'~ Avenue NE (Project No. 60015) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, Project No. 60018 has been split into two (2) phases, with Phase 2 encompassing roadway expansion between Wilson Boulevard and CR 951 / Collier Boulevard; and WHEREAS, the location for construction of the proposed Phase 2 improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Phase 2 four-laning roadway improvements to Immokalee Road between Wilson Boulevard and CR 951 / Collier Boulevard (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier Count)'. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as %~.roved by the Florida Department of Community Affairs. AND IT IS FURTHER 7?ESOL'/ED that the ~2ounty Staffhas reviewed alternative locations for · ~/'2.rz-?,~l-'?. ;T~'~,~ - the project, and the costs associated with the desien, property rights acquis mr~,,anu-cpW"3quoni~I' me . - I'D lO- I project, as well as public safety and welfare considerations associated with he desima'a~d cb-ffstru,.,,on of ,I-UN 2 42 43 45 46 47 4S 49 ~0 $2 54 the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively repres, ented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the location ofstormwater treatment ponds has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above-described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. AND IT lb FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real properly interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual or temporary easement interests. 55 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 56 AND IT IS FURTHER RESOLVED that the County staffis hereby authorized to immediately 57 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, 58 Florida Statutes, the above-referenced real property interests more particularly described in Exhibit 59 attached hereto and incorporated herein. 6O AND IT IS FURTHER RESOLVED that no mobile homes are located on the properly sought to 61 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be 62 acquired. 63 This Resolution adopted on this 64 and majority vote. 65 66 67 ATTEST: 68 DWIGHT E. BROCK, CLERK 69 70 ?1 72 Approved as to form and 73 legal ~/ufficiency: 76 Heidi F. Ashton 77 Assistant County Attorney day of ., 2002, after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLLETTA, CHAIRMAN Page 2 AG:--C,:p,*,JXL,-:n . , },Co D 4% .iLIr4 2 5 "' pg. 0 FEE $1MPLi': I'NTERE$1' PARCEL #101 EXHi .P..IT /~ ~z~zZzZzz mmmm~m~m~m~m LiNE OF sEcTION._26_ ~,~,4. r.,,.,.~'u~:14t (0.~. 12. F'C.. 3~) I I AG EN DA~J, TF (-~ .JUN 25 ~'~ Pg. -.~ FF.E Si..ll)l.I~ [NTI:.REST P/d~CF.I. #101 EXHIBIT .,:: ! Descrip rich: &~..Eortion of the Northwest one-quarter of Section 26, Township 48 South, Range 25 ~' Collier County, Flor!Jo, being mor~e particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line 'of Scid Section 26, for a distance of 100.08 feet, to a point an the Southerly Right-of-Way line of State Rood t~846 (Immokalee Road); thence North 89'58'08" West, along the said Right-of-Way line, for a distance of 532.29 feet; to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'19" Ecst, for a distance of 63.97 feet; thence North 89'58'06" West, far a distance of 134.84 feet; thence North 00'01'54' East, for a distance of lg.98 feet; thence North 89'58'06" West, for o distance of 500.00 feet; thence North 00'01'54" East, for a distance of 5.96 feet; thence North 89'58'06" West, for a distance of 800.00 feet; thence North 00'01'54" East, for a distance of 12.97 feet, to a point on the Southerly Line of those lands described in Official Records Book 2568, Page 1176, of the Public Records of Collier County, Florida; thence South 89'58'06" East, along the southerly boundary of said described lands, for a distance of 368.58 feet; thence North 84'50'23" East, along the southerly boundary of said described lands, for o distance of 276.24 feet, to a point on the said Right-of-Way line; thence South 89'58'06" East, along the Said Right-of-Way line, for a distance of 788..38 feet, to the POINT OF BEGINNING; Containing 1.107 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. .3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description cnd bearing the criginal signature and embossed seal of a Florida registered Surveyor and ~'*' oer. SKETCH AND DESCRIPTION · ,~,,I'~, WILKISON & UIIiIII~ AS SO C I ATES W W lNG. I ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE AS NOTED DATE 11/01 SEC/SUB W.O. NO. RLE NAME 26/48/26 0014.1 SHEET FB PO 1 OF1 DRAWN BY I EAW I O0-O18-OO.DWG CHEO<ED BYI DWO. NO. DJH t IR-L-lO1-2 ,/ EASE..%lENT (CURA1 '0;4 3 '.'EARS F~OM C.,~ ME IC~N. EN1 OF CONSTRUCTION) ~ST LINE OF SEC~ON~ ' LIO LE Z 0 --t .-.,4 0 m Frl .--I T ~C. ~ ~ > o ~.~-'1~ o~ .o pg. I~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) '" ~ ~""'i'emporary Driveway Restoration Easement Description: ,rtien of the Northwest one-quarter of Section 26, Township 48 South, Ronco 26 ., Collier County. Florido. being more portlcularly described as fallows: I Commence at the North Quarter Corner of said SecUon 26; t. hb,, :e South 02'15'52" East, clang the 1/4 line of Said Section 26, for a dTst. once of 100.08 feet, to a poTnt on the Southerly Right-of-Way line of State Rood #846 (Immokolee Rood); thence North 89'58'08" West, along the Said Right-of-Way line, for a distance of 552.29 feet; thence South 02'27'19" East, for o distance of 6.3.97 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'19" East, for a distance of 50.05 feet; thence North 89'58'06" West, for o distance of 656.15 feet; thence North 00'01'54" East, for a distance of 5.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for o dis[once of 4.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for a distance of 45.00 feet; thence South 89'58'06" East, for a distance of 800.00 feet; thence South 00'01'54" West, for o distance of 5.96 feet; thence South 89'58'05" East, for a distance of 500.00 feet; thence South 00'01'54" West, for o distance of 19.98 feet; thence South 89'58'06" East, for a dlstonce of 134.84 feet, to the POINT OF BEGINNING; Containing 1.539 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing t~ original signature and embossed seal of a Florida registered Surveyor and Der. SKETCH AND DESCRIPTION ~I[~'~ WILKISON &: ~ ASSOCIATES I W INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUS,NESS UCENSE NO. LB5770 0014.1 EAW FB PG CHECKED BY[ DWG. NO. DJH AS NOTED 126/48/26l 1,/Ol j 2 OF 2 / RLE NAME 00-018-O0.DWG IR-L-701-2 - v", .~ ITE"4 AG E?. W, ,',o.-)0, JUN 2 5 FEF. SIMPLE IN'rEREST P.\RCEI, #102 1OD' ~/W. -P--..O~ N I/4 -- N~Rm LINE OF SEC~ON ~6 SEC, 28 IMMOXALE[ ROAD S.R. 846 P.O, L7 L3 FERGUSON O.R. 2228, PG. 1546 LINE TABLE LINE LENGTH BEARING L1 100.08 S02'l 6'52"E L2 78.95 S02'16'52"E L3 332.54 N89'58'O6"W L4 21.00 NOO'O1'34"E L5 200.42 N89'58'O6"W L6 57.95 NO2'27'19"W L7 532.29 S89'58'06"E I I ' EXHIBIT_A__ NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to ecsements, reservations and restrictions of record. Description: A pcrUon of the Northwest one-quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, clang the 1/4 line of Said Section 26, for o distance of 100.08 feet, to o point on the Southerly Right-of-Way line of State Rood #846 (lmmokolee Rood) and to the POINT OF' BEGINNING of the herein described parcel; thence conUnuing South 02'16'52" East, along said 1/4 Section Line, for o dis[once of 78.95 feet; thence North 89'58'06" West, for o distance of 332.54- feet; thence North 00'01'54" East, for o distance of 21.00 feet; thence North 89'58'06" West, for o distance of 200.42 feet; thence Ncrth 02'27'19" West, for o distance of 57.95 feet, to o point on the said South Right-of-way line; [hence South 89'58'06" East, along the Said Right-of-Way line, for a distance of 532.29 feet, to the POINT OF BEGINNING; Containing 0.868 acres, more or less. FLA. LIC. NO. ~,54 . NOT VALID WI'ITdOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF. A FLORIDA · UCENSED SURVEYOR ',~D'~IAPPER SKETCH AND DESCRIPTION ~~I~ WlLKISON &: ~'~j~ll~ ASSOCIATES W J INC. =~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 W.O. NO. FILE NAME 0014.1 FB PG DRAWN BY J EAW J O0-O18-O0.DWG CHECKED eYJ OWC. NO. DdH I IR-L-102 ~/ J SCALE J SEC/SUB REVlSED S/lS/O2J 11/01 J 1 OF 1 .JUN pg. FEE SIMPLE INTEI~EST PARCEl. #103 100' R/W NORTH UNE OF sECTION 26 IMMOKALEE ROAD__, ROY Ir. CUSTO~ P[C, GY u CUSI~.E ' E;[HtBIT /~ NOT TO SCALE .es: 1. This is not o survey. 2. Basis of beoring is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.91 feet, of the West 1/2, of the Northwest 1/4-, of the Northeost 1/4, of Section 26, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof granted for highway right-of-way. Containing 1.188 ceres more or less. REVISED 3/1/02 SCALE I SEC/SUB AS NOTED 26/48/26 DATE / SHEET 10/01 [ 1 OF 1 NOT TO SCALE: DAV1D J;.~A'I~.,~,.¢~I~. (FOR THE FIRM) FLA. LIC. bNO..~34 . . NOT VAUO ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYO. R. AND MAPPER SKETCH AND DESCRIPTION .~Jr-~ WILKISON ac ~ ASSOCIATES ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 645-0-4-04. FAX NO, (941) 643-5173 FLORIDA BUSINESS UCENSE NO, LB5770 0014.1 RAW F'B PG CHECKED BY DWG. NO. DdH FILE NAME O0-018-O0.DWG IR-L-lO5 JUN 2 5 2~2 Pg. IS -1 FEE SIM I'l.li INTI:.RF. ST PARCEL #I04 100' R/W NCRIH LINE OF SECTION 26 IMMOKALEE ROAD ~6-- · . ." -~' x/,' ~/.' / / / ."// /I/// , '- / ./~///,~ ..//..,~. /,~..~./'//'////~ ,/./ ,. .//, , ~ / //'/;d/// ---60.00' · EXtti,~IT A N NOT TO SCALE Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of rec ord. DESCRIPTION: NOT TO SCALE: The North 464%60 feet. less and except the Easterly ~ . ; .,' / the E~st 1/2, of the Northwest 1/4, of the Northeest 1/4, of Section 25, Township 48 South. Range 26 East, . (FOR ~E FIRM) Collier County. Florida, excepting therefrom the north 100 feet thereof grented for highwey right-of-wey. NOT VAUO ~OUT ~E S[CNA~R[ AND Containing 6.510 acres more or less. ~E ORIGINAL RAISED SEAL OF A ~ORIOA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION JSCALE JAS NOTED JDATE REUSED 2/1,/o2/ 10/01 WILKISON &: ASSOCIATES IN(:. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404. FAX NO. (941) 643-5173 , ~.ORIDA BUSINESS LICENSE NO. U35770 SEC/SUB W.O. NO. DRAWN BY J FILE NAME I 26/48/26 0014. t EAW J 00-018-00.DWO 1 SHEET FB PC CHECKED BY I DWO. NO. / 1 OF 1 DJH I IR-L-lO4 ! JLIN 2 5 FEE SIMPI-E INTER.~'ST PARCEL g 105 ~/'W NORTH LINE CF SEC'BON 29 IMMOKALF';: ROAD .... N NOT TO SCALE Notes: 1. This is not a survey. 2. BasTs of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.91 feet of the West 1/2, of the Northeast 1/4, al the Northeast 1/4, of Section 26, Township 48 South. Range 27 East, Collier County, Florida. excepting therefrom the north 100 feet thereof granted for highway right-of-way. Containing 1.196 acres more or less. NOT TO SCALE: DAVID J. I~,/('F~",~,(. (FOR THE F1RM) FLA. UC. ~,6. s~ . NOT VALID WITHOUT THE SIGNATURE AND ~r~E ORiGiNAL RAISED SEAL OF A FLORIDA UCEN~D SURVE'rOR ANO UAPPF..R SKETCH AND DESCRIPTION ~jI~Jl~I~ WILKISON &: U~IiI~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE ~,wS. c!APLES, FLA. 34104 (941) 643--2~0~ F~ NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 FILE NAME 00-018-O0.DWG DWG. NO. IR-L-lO5 ,jUN 2 5 2 332 Pg. !5 FEE SIMPLE IN'i'I.'.RLST PARCEl. # 106 ~co' R/W NORITI UNE OF sECT]CN 26 IMMOKALEE ROAD N NOT TO SCALE Notes: 1. This is not a survey. :2. Basis of bearing is N/A. 3. Subiect to easements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE: The North 448.65 feet, less and except the Easterly . 60.00 feet, of the Southerly .359.73 feet thereof, of the East 1/2, of the Northeast 1/4, of the Northeast ~.~ j //~//~/, /?' . Collier County, Florida; subject to an easement for DAVID-,[. I-~/~'1-1~, ~¢,~"¢:[. (FOR THE FIRM) road right-of-way over and across the East 30 feet FLA. LIC. NO. 515'"54 thereof, and excepting the north 100 feet thereof NOT VAUD ~THOUT THE SIGNATURE AND previously dedicated for road right-of-way. Containing THE ORIGINAL RAISED SEAL OF A FLORIDA 6.504 acres more or less. UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION REVISED 3/12/02 REVISED 2/11/02 WILKISON & ~J~JjjJiil~ AS S O C I AT E S INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FA)( NO. (94-1) 643-517.3 FLORIDA BUSINESS LICENSE : '.B5770 SC,-.LE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 26/48/26 0014.1 EAW O0-018-O0.DWG DATE SHEET FB PC CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR-L-lO6 Pg. '~ FEE SIMPLE INTERES'r PARCEl. #I07A NORTH LiNE DF SECTION 25 · - TM~.OKALEE ROAD S.R. 846 · EXHIBIT A N t11|" II II 11 I II NOT TO SCALE Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. DESCRIPTION: The Northerly 79.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Eosterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Ronge 26 Eost, Collier County, Florido, except the north 100 feet thereof. Contoining 2.506 cores more or less. NOT TO SCALE;. NOT VALID WITHOUT THE SIGNATURE ANO TH[ ORIC~NAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES · inc. 1 ENCF,!EERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 6;3-2404 F3X FO. (941) 645-5~73 IR. ORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC/SUB AS NOTED J25/48/26 DATE J SHEET 11/01 ~ 1 OF 1 0014.1 EAW O0-018-O0.DWG F'B PC CHECKED BY OWG. NO. DdH IR-L-107A ?g. FEE SIMPLE IN'I ERECT PARCEL #1078 100' R/W NOR~'~-I, LINE OF SE2TION 25 IMMOKALEE ROAD -8-4-6 20 GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 2457, PG. 1857 0 50 100 150 Notes: 1. This is not a survey. 2. Basis cf bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeost 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Ronge 26 Eost, Collier County, Florido, except the north 100 feet, Grid the West .352.48 feet. Contoining 0.558 ocres more or less. SCALE AS NOTED DATE 352.48' EXCEPTION NOT TO SCALE: (FOR THE nRM) NOT VAUD .TI'tOUT THE SIGNATURE AND THE ORIC4NAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES ~ ~ INC. Ii ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..:34104 (941) 643-2404 FAX NO. (941) 643-517,3 FLORIDA BUSINESS LICENSE NO. L05770 SEC/SUB FILE NAME 25/48/26 00-- 018-- O0.D WG SHEET OWG, NO. 1 OF1 0014.1 EAW FB PG CHECKED BY DJH IR-L-107B FEE SIMPI.E INTEREST PARCEL #107C ?-..L -- N__OR_TH LINE__OF SECTION 25__ _ M __ _ IMMOKALEE ROAD S.R. 846 ~ 2~ PG. 2702 EXHIBI')' !~ NOT TO SCALE 1. This is not. a survey. 2. Basis of bearing is N/A. 3. Subject ta easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.95 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.247 acres more or less. NOT TO SCALE: DA'~D' J. hyatT, ~OR THE nRM) FLA. UC. N~. 5§)34-~'~ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UC£NSED SURVEYOR AND. MAPPER SKETCH AND DESCRIPTION ~J,J~,JJ"J WILKISON & ~JJjlJl~ ASSO C IATES '~' ~ INC. J~ ENGINEERS, SURVEYORS AND PLAHNERS 3506 EXCHANGE AVE. NAP~._S, FLA. (941) 64.3-2404 FAX NO. ,941) 643-5~73 FLORIDA BUSINESS LICENSE NO. LnC770 JUN !~ ilOO' R/W NCR1H UNE CF' SECTION 25 IMMCKALEE ROAD S.R. '846- I-'.:F ;,Mil.:; I, ~1 PAI~,C El. P 198 58 r~ -d 0 50 100 150 Notes: 1. This is not a survey. 2. Bcsis of becring is N/A, 3. Subject to easements, reservoticns and restrictions of record. DESCRIPTION: The Northerly 89.04 feet, of the West 176.24 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 0.361 acres more or less. NOT TO SCALE.: ;- NOT VAUD Y, ITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ~~I~, AS S O C IAT E S INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64,3-2404 FAX NO. (941) 64,3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED 25/48/26 DATE SHEET 11/Ol i OF 1 W.O. NO. FILE NAME 0014.1 F~ PG DRAWN BY J EAW I 00-O18-00.DWG CHECKED BYJ DWI:;. NO. OJH J IR-L-108 ~,2 N'100' R,/W ORTH LINE CF SECTICN 25 OKALEE ROAD '" S. R.--8~(~ Z'-- (. 0 FEE SIMPI.E INTI".RESI' PARCEL #109 N 0 50 100 150 rA. :S: 1. This is not o survey. 2. Bosis of booting is N/A. ,3. Subject to easements, reserv<:tions <:nd restrictions of record. 552.48' ~ ~ 176.24' - -- ~ DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.98 feet, of the Northerly 89.04 feet, of the Westerly 61.69 feet, of the West 1/2, of the Eost 176.24- feet, of the West 552.48 feet, of the Northeost 1/4, of the DAVID J. )~'Xl-F, ,~. (FOR mE FIRM) FLA. uc. ~o. 56~r'4~ Northwest 1/4, of Section 25, Township 48 South, R<:nge 26 Eost, Collier County, Florido, except the north NOT VALID WI'I~)UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA 100 feet thereof. Contoining 0.174 ocres more or less. UCENSEO SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON &: U~ii~llmi~ AS S O C I AT E S lNg. II ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94.1) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS LICENSE NO. L65770 SCALE I SEC/SUB W.O. NO. DRAWN BY F~LE NAME I AS NOTEDI25/48/26 0014.1 EAW 00-O18-00.DWG I DATE ~ SHEET F8 PG CHECKED BY OWC. NO. I 11/01 ~ 1 OF 1 DJH I IR-L-10g FEE SiMPI.E INTEREST PARCEl. #110 100' r,'~,'l NORTH I'NE OF SECTION 2.5 IMMOKALEE ROAD S.R. 846 E×HIBI'r A 16 N 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: 352.48"~ = 176.24' -- = NOT TO SCALE: The Northerly 79.06 feet, of the East 1/2, of the East 176.24 feet, of the West 552.48 feet. of the Northeast 1/4, of the Northwest 1/4, of Section 2,5. Township 48 South, Range 26 East, Collier County, Florida. except the north 100 feet thereof. Containing 0.160 acres more or less. {~AV~D J. ¢lYlCq', ,~ff-~. (FOR 'DIE F1RM) FLA. tlC. N~. NOT VALID WiTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~j~lal~ AS S O C I AT E S INC. mi ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (94-1) 643-517;1 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE J SEC/SUB AS NOTED [25/48/26 DATE J SHEET 11//01 J 1 OF 1 w.o. NO. 0014.1 FB PC DRAWN BY EAW CHECKED BY DJH RLE NAME 00-018-O0.DWG DWG. NO. IR-L-110 ju;,, 2 5 FEE SIMPLE IIgTEREST PARCEl. #1 i I i00' R/W ~NO_~RTH UNE OF SEc'noN 25 ..-. IMMOKALEE ROAD -- --S.R. 846 .-:... ~ ~ ~ ...-~.../,\~. //'/,',,| ¢,./,-., ' ' · , (, , I,'./.~t.'_~e OF 1'Hr' ~Hlll. L"Y S. WARD, D.D.S.., P.A., PRO~IT ~ARING Pr.AN AND ~RUST O.R. 95.3, PO. N 1 NOT TO SCALE ~S: 1. 3-his is not a survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 19.98 feet, of the Northerly 99.04 feet, of the Easterly 109.81 feet, of the Westerly 534.60 feet, of the East 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.249 acres more or less. NOT TO SCALE.; NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR ANO MAPPER SKETCH AND DESCRIPTION ~,_~,,~'""-~ WILKISON &:: '~'~M~ AS S O C I AT E S ~ ~' INC. II ENGINEERS, SURVEYORS AND P~NNERS 3506 ~C~NGE AVE. NAPLES. ~ 34104 (941) 643-2404 r~ NO. (941) 643-5173 ~ORIDA BUSINESS UCENSE NO. ~5770 SCALE SEC/SUB W.O. NO. DRAWN BY 'AS NOTED 25/48/26 0014.1 EAW DAlE SHEET FB PO CHECKED BY 11/01 1 OF 1 DdH FILE NAME O0-018-O0.DWG DV~. NO. IR-L-111 No.____, .JUl4 pg. ,5?... ~-j "]oo' -- FEI:. SIMPLE INTEREST PARCEL #112 ~/w NORTH UNE OF ~EC~ION 25 -.EXHIBIT NOT TO SCALE Notes: 1. This is not c survey, 2. Basis of beefing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE:: The Northerly 79.01 feet, together with the Southerly 10.04 feet, of the Northerly 89.05 feet, of the Westerly 233.8.3 feet. of the Eost 1/2, of the Northwest 1/4, of the Northe<3st 1/4, of Section 25, Township 48 South. Ronge 26 East, Collier County, Florido, except the north 100 feet. Contoining 1.251 ocres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &:: U~iI~ AS SO C IATES INC. ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, FLA. ,34104 (941) 643-24-04- FAX NO. (941) 64-.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE J SEC/SUB AS NOTED j25/48/26 DATE J SHEET 10/01 J 1 OF 1 W.O. NO. J DRAWN BY J FILE NAME 0014.1 I EAW I 00-018-00.DWG FI] PG CHECKED BYj DWG. NO. DJH J IR-L-112 FI':E SIMPiJ:' IhlTI:.RF. ST PARCEL #I 13 NORTH LINE CF SECllON 25 IMMOKALEE ROAD NOT TO SCALE Notes: 1. This is not o survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.01 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof granted for highway right-of-way. Containing 1.197 acres more or less. SCALE AS NOTED DATE ~o/o~ NOT TO SCALE: -~ R F~. UC.~O. NOT VAUD ~OUT ~E SICNA~RE AND ~E ORIGINAl. RAISED SEAL OF A ~ORIDA UCENSED ~R~YOR AND MAPPER SKETCH AND DESCRIP~ON WILKISON & TES ENGINEERS. SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES. FLA. 54104 (941) 643-2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FILE NAVE I 25/48/26 0014.1 EAW I SHEET FB PG CHECKED BY] DWG. NO. I 1 OF 1 DJH 00-018-00.DWC IR-L-113 ,,~ FEE SIMPLE INI'E|~EST PARCEL #114 1 co' R/W N R NCR~-I LINE OF SEC~ON 25 . IMM OK_AIJ_I~E ROA[~ , _ / , , ~/.-'?'/'/// '/ / ' C~RESS WOODS ~RPRISES, INC. O.R. 2489, PC. 3ot ' [ II / ,g.l~ I~'1~ LINE TABLE LINE LENGTH BEARING L1 100.06 SO2'OO'39"E L2 82.52 S02'00'59"E L3 252.13 N88'34'44"E L4 91.44 N89'58'11"W L5 9.85 NOO'O1'49"E L6 .:316.80 N89'58'll"W L7 79.06 NO2'O2'52"W L8 660.22 S89'58'll"E Description: A portion of the East 1/2 of the Northeast 1/4., of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commence at the Northeast Corner of Said Section 25; [hence South 02'00"39" East, along the Easterly Line of said Section 25, for o distance of 100.06 feet, to o point on the Southerly Right-of-Way of State Rood of #846 and to the POINT OF BEGINNING of the herein described parcel; thence Notes: NOT TO SCALE 1. This is not a survey. II 2. Basis of bearing is state plane coordinates, Florida East Zone. continuing South 02'00'39" East, along said Easterly Line, for a distance of 82.52 feet; thence South 88'.34'44" West, for a distance of 252.1.3 feet; thence North 89'58'11" West, for a distance of 91.44 feet; thence North 00'01'49" East, for a distance of 9.85 feet; thence North 89'58'11" West, for a distance of 516.80 feet; thence North 02'02'52" West, for a distance of 79.06 feet, to a 3. Subject to easements, reservations and restrictions of record. point on the said South Right-of-Way line; thence South 89'58'12" East, along the said South Right-of-Way line, for a distance of 660.22 feet, to the POINT OF BEGINNING; Containing 1.257 acres, more or less. NOT TO SCALE DAVID J. 'Ry/yrl~, ~ (FOR THE FIRM) FLA. LIC. NO'. s6,~ ' NOT VAUD WITHOUT mE SICNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~_~[l~_~ WILKISON & ~1~~ ASSOCIATES ~I~ ~l~ INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS LICENSE NO. LB§770 W.O. NO. DRAWN 8Y FILE NAME 0014.1 EAW 00-018-00.DWG so^ I sEc/suB AS NOTED j25/48/2e DATE J SHEET 11/01 J 1 OF 1 FB PG CHECKED BY DWO. NO. DJH IR-L-114 FEE SIMPI.E INTFREST PARCEl. #1 i5A [-- ~oo' R?~ IMMOKAL S.R. NOR1~ UN~ OF SECll...._..ON 30 ROAD DESCRIPTION: The Northerly 178.84 feet, of the West 10.00 feet, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. JSCALE AS NOTED jo^TE REVlSED 2/12/02) 02/02 660' ~ 10'~ NOT TO SCALE: 0 50 100 15C Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. MD J.-HY,.~. ~'P.~R THE FLa. uc. HeX. se~,,~ .. UOT VAUO V~m~JT mE S~GN^rURE THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEyoR .AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ll~lJlmlJ~ A S S O C I AT E S INC. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, ~ 34104 (941) 643--2404 FAX NO. (941) 643-5173 FLORIDA 3U~I[,!ESS UCENSE NO. LB5770 SEC/SUB 30/48/27 SHEET 1 OF1 W.O. NO. J DRAWN BY J FILE NAME 0014.1 I EAW / 115A,DWG FB PG CHECKED BY/ DWG. NO. DJH J IR-L-lISA FEE SIMPLE IN'I'I.:.I{L!ST PARCEl. #115B r.-----lOO' ~ .o_.~._~..~u.~ oLs~~°" ~---~¢-'-° - - -'--- s.R. ROYAl- O.R. 1399. P co_2 °'-%3 lN NOT TO SCALE 1~660' NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 5¢.3.90 feet, less and except the Westerly 30.00 feet of the Southerly 465.06 feet thereof, of the West 660 feet of the Northwest. 1/4, less the North 100 feet previously dedicated for State Highway #846, and less the East 10 feet, and the West 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 7.675 acres more or less. FLA. LIC. NOT VAUD ~OUT ~E ~CNA~RE THE ORIGINAL RAISED SEAL ~ A FLORJDA UCENSED SUR~YOR AND M~PER SCALE AS NOTED DATE RE~ISED 2/11/02 10/01 SKETCH AND DESCRIPTION lWlLKISON N~.I ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES. FLA. ,3410¢ (941) 64,3-2404 FAX NO. (941) 64-5-5175 FLORIDA BUSINESS LICENS:-' NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FIlE NAME I 30/48/27 0014.1 EAW SHEET Iq3 PG CHECKED BY OWG. NO. 1 OF 1 DJH O0-018-O0.DWG AGZ;'~c,A ITC ' IR-L-115B FEE SIM PLE iNTEREST PARCEL #115C L~ '~ co' R/W IMt;,4OK ALEE R O"~D -- ~ S.R. 84.6 10' 0 50 100 150 ~--660' ~ ~10' NOT TO SCALE: Notes: 1. This is no[ a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 178.64 feet, of the East 10.00 feet, of the West 660 feet of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 50, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. J SCALE l AS NOTED j DATE k,,. J 02/02 DAV1D J. ~F~TT,~j~.M. (FCR THE FIRM) FLA. UC,,~NO. NOT VAUD 1/V'ITT-HOUT THE SIGNATURE AND THE ORI~NAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & JIiil ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 34104. -' (941) 643-2404. FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB . W.O. NO. DRAWN BY I FILE NAME I 30/48/27 0014.1 EAW I O0-018-O0.DWG I SHEET F"B PG CHECKEO BY/ DWC. NO. FEE SIMPI.E INTE,'~d~ST PARC~:I, #116 ~100' R/W iMMOK ALE.._.__E ROAD S.R. 846 4 ROYAL WATCH, iNC. O.R. 1399, PG. 807 Notes: 1. This is not a survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 78.84 feet. together with the Southerly 9.94 feet, of the Northerly 88.78 feet, of the Eosterly 33.25 feet, of the West .325 feet, of the North 1/2, of the Eost 1/2 of the West 1/2 of the Northwest 1/4, less the North 100 feet, previously dedicoted for Store Highwoy #846, Section 30, Township 48 South, Ronge 27 Eost, Collier County, Florido. Contoining 0.565 ocres more or less. REVISED 3/8/02 REVISED 3/6/02 SCALE AS NOTED DATE 10/01 FLA. UC. N0;.~634 NOT VAUD ~OUT ~E SICNA~RE ~D ~E ORI~N~ RAISED S~ ~ A ~ORIDA UCEN~ ~R~YOR ~D M~P~ SKETCH AND DESCRIP~ON WILKISON & ~l~ ASSOCIATES INC. I ENGINEERS. SURVEYORS AND PLANNERS .3506 EX~'HANGE AVE. NAPLES, FLA..34104 (941) 645-2404 FAX NO. (941) 643-5173 FLORIDa BUSINESS UCENSE NO. LB5770 SEC/SUB 30/48/27I SHEET i 1 OF1 ~ W.O. NO. 0014.1 FILE NAME ORAWN BY EAW CHECKED BY I DJH 00-018-O0. DWG FEI PG OW(;. NO. IR-L-116 1; EE SIMPLF. INTEREST PARCEL #117 $.R. 846 78 <<. J. oon Notes: 1. Tnis is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 150 --~10o' NOT TO SCALE: DESCRIPTION: The Northerly 88.78 feet, of the West 100 feet of Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the North 100 feet road-way for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.197 acres more or less. DAVID J. H~AT'~, ~F~F,d~J. (FOR THE Iq FL~. uc. ~. NOT VAUD Wl"n-i(~tJT THE SIGNATURE AND THE ORI¢~NAL R^ISED SE~L OF ^ rLOmDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON &: ASSOCIATES ~NC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLa,. 34104. (941) 645-2404 FAX NO. (94.1) 545-5175 FLORIDA BUS~NESS UCENSE NO. L35770 ISCA, IsE°/Su" I AS NOTED 30/48/27I DATE SHEET / lO/Ol ; 1 oF 1 W.O. NO. 0014.1 HLE NAME DRAWN BY EAW J CHECKED 8Yj DJH J 00-018-O0.DWG FB PG OWG. NO. IR-L-117 .'.'-E o~M, L . ~.,\RCEL ~11 ~A f lOO' R/~ IMMOK_ALE, E Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 0 50 100 15C NOT TO SCALE: 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the Northeast I/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the West 100 feet and less the East 50 feet and less the 100 feet thereof, Section 50, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.391 acres more or less. :J/.:: . FOR THE.F,.M) THE ORIGINAL RAISED S~L OF A FLORIDA UCENSED SUR~YOR AND ~APPER SKETCH AND DESCRIPTION ~!~ WILKISON & ~J~=~ ASSOCiATES ~ ~ INC. ENGINEERS, SURV-E'fORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 00-018-O0.DWG DATE SHEET FB PO CHECKED BY DWC. NO. 10/01 1 OF 1 DJH IR-L-118A REVISED 2/11/02 FEI"- $1M~I,F, IN ?T".REST PAItCEI, # I I gP, lOO' ~SEc~o.]~ L_ - ~MMOKALEE ROAD 0 50 100 15C NOT TO SCALE: Notes: 1. This is not o survey. 2. Bosis of beering is N/A. .3. Subject to e¢]sements, reservotions end restrictions of record. DESCRIPTION: ! ! The Northerly 188.78 feet, of the Eost .30.00 feet, of the Northwest 1/4, of the Northwest 1/4, tess the North 100.00 feet. previously dedicoted for Store Highwey #846, Section 30, Township 48 South, Ronge 27 Collier County, Floridm Contoining 0.061 ocres more or less. IASCALE S NOTED DATE 02/02 DAVID J. HY,~'r. ~.i~t~(,FOR THE FIRM) FLA. LIC. Nq~' 5S;~/'f ' NOT VAUD ~T ~E SIGNA~RE AND ~E ORIGINAL ~AISED SEAL OF A ~ORIDA UCENSED SUR~YOR AND M~PER SKETCH AND DESCRIP~ON ~~ WILKISON A ~~ ASSOCIATES ~ ~ ~NC. ~ ENGINEERS, SURV~ORS AND P~NNERS 3506 EXC~NGE AVE. NAPLES, ~ 34104 (941) 64~-2404 F~ NO. (g41) 64~-5173 FLORIDA BUSINESS LICENSE ~0. LB5770 SEC/SUB I' W.O. NO./ DRAWN BY 30/48/27/ 0014.1/ EAW SHEET ~ F'B PG CHECKED BY 1 OF 1 ~ DJH FILE NAME 118B.DWG DWG. NO. IR-L-118B PARCEL 120 S7 CL[ARY HOLDINGS, [..LC, O.R. 2~,37o PG. 350~ O.R. 2837, PG. 3,3O9 CLF~RY HOLOIHGS, LL.C' OJL 2837, PO. 3309 NOT TO SCALE: )ESCRIPTION: he Northerly 78.69 feet, together with .he Southerly 9.78 feet. of the Northerly 38.47 feet. of the Easterly §3.84 feet. of :he West 1/2 of the East 1/2 of the East I/2, of the Northwest 1/4, AND, the East I/2 of the Northwest 1/4 of the iortheast 1/4. of the Northwest 1/4. AND. :he North 1/2 of the North 1/2 of the ~'est I/2 of the West I/2 of the East 1/2 of the Northwest 1/4, less the North I00 feet thereof. Section .30. Township 48 5auth, Range 27 East. Collier County, ~orldo. Contalnlng 1.756 acres more or N Notes: 1. ~hls Is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations ond restrictions of record. 0 50 1 O0 150 NOT TO SCALE: DAVID J.,,~AI'~'.~,~.M. (FOR THE RRM) FLA. UC.vNO. NOT VAUD WfTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & '~IIIl~ AS SO C lATE S INC. 00- 018-O0.DWG IR-L-120 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FL~ 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY I FILE NAME I 0014.1 EAW I FB PG CHECKEO BY J DWG. NO. I DJH I 1.2 29 Z~c~ 0::) · OOZe.3 Z ~ .JO ,~ ~d ~o O 50 100 150 NOT TO 1. ,his is not a survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. DESCRIP~ON: The Northerly 88.47 feet, of the East 1/2 of the Northeast 1/4. of the Northeast 1/4, of the Northwest 1/4, less the North 100 feet previously dedicated for State Highway 1~846, and less the East 10 feet thereof, Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.6.3.3 acres more or less. bAvIo J. Hy/(T'[: P.~. (FC,~ mE RRM) F1.A. LIC. NO. NOT VAUO WtTHOOT THE SIGNATURE AND 11-1E ORIGINAL RAISED SE. AL OF' A FLORID~ UCENSED 5'URV[YOR AND MAPPER SKETCH AND DESCRIPTION lJ~,J'~ WILKISON &: ~JilniJ AS S aC IATES W W ~INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FI.A. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 NOTED J30/48/27J 0014.1 EAW 00-O18-O0.DWG 0^T~ J S. ECT I~' p~ C. ECKEO.~ 0W~..O. ,o/o1 1 j P^RCEL # ! 22 " ~ ..... N 0 50 100 150 NOT TO SCALE.: Notes: DESCRIPTION: The Northerly 178.38 feet of the East 10.00 feet, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, together with, the Northerly 178.38 feet of the West 10.00 feet of the Nort. heast 1/4, less the North 100.00 feet previously dedicof, ed for State Highway #846, Section 30. Township 48 South, Range 27 East, Collier County, Florida. Containing 0.0.36 acres more or less. 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. SKETCH AND DESCRIP~ON I ~Iml~ ASSOCIATES ~ ~ mc. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. ~ 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 02/02 IR-L- 122 PARCEL #123 ~. Fhis is not o survey. 2. Bosis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. N 0 50 100 15C NOT TO SCALE: DESCRIPTION: The Northerly 78.38 feet, of the North One Half of the West 335 feet of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway ~846, and less the west 10 feet thereof, Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.585 acres more or DAV]O J. H~r,,~'l', P.~f~l:. (FOR mE FIRM) NOT VAUD M~T ~E ~A~RE ~D ~E ~N~ R~ ~ ~ A ~IDA U~N~ ~R~Y~ ~D M~ SKETCH AND DESCRIP~ON I~~ WILKISON ~ ~~ ASSOCIATES ~ ~ ~INC. ~ I sc^~ Is~c/sus I w.o. No.! ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, R.A. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE ~0. LB5770 ORA~I BY FILE NAME EAW 00-018-00. DWG CHECI(ED BY DWI3. NO. DJH IR-L-123 No. _ Tr/.q JUN PARCEL #124 ~MMOKALEE ROAD S.R. 846 35 GARY L. MYERS LtNDA L. I~YERS O.R. 2431, PG. 1040 Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to easements, reservotions ond restrictions of record. 0 50 100 150 :/ --20 / DESCRIPTION: The Northerly 78.38 feet, of the Eost 200' feet, of the West 535 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeost 1/4, less the North 100 feet, previously dediceted for State Highwo¥ 1~846, Section ,30, Township 48 South, Range 27 East, Collier County, Florido. Containing 0.358 acres more or less. NOT TO SCALE: SCALE AS NOTED DATE lO/Ol SKETCH AND DESCRIPTION WlLKISON & TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLF_S. FLA. 34104 (941) 643--2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 s~c/su~ J w.o. NO. J DRAWN ByI FILE NAME No.__.~ /_IL3.1 1 I! It, I 0 ~'' [ i~OKALEE ROAD PARCEL #125 N Notes: .J-.This ls not a survey. c3asis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 78.38 feet, of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway ~846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.225 acres more or less. FLA. uc: 'N0.,~-.)834 NOT VAUD ~THOUT 'II-IE SIONATURE AND THE O~IGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~!!:YOR AND MAPPER ISCALE lAS NOTED J DA.~E REVlSEO */25/02) 10/01 SKETCH AND DESCRIPTION WILKI$ON &: t~ml~ ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANOE AVE. NAPLES, FLA. 34104 (941) 645-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 .c,,~ j w.o..o.I OR,,,~,W ByI FIt. ENAME JUN pg_ PARCEL #126 ~/~ ~ORTH LINE OF SECTION 3_._0 __. ----- CORNER IMMOKALEE ROAD ~ ~-.R. ~46 , L3 L9 LOIS NEFF JOAN GoooNIGHT O.R. 73g, PG. 1268 NOT TO 5CN.~ LINE TABLE LINE LENGTH BEARING L1 100,05 S02'13'14"E L2 643.74 N86'03'16"E L3 321.87 N86'03'16"E L4 88.24 S02'1T52"E L5 53.66 S86'03'16"W L6 10.00 N03'56'44'W L7 129.75 S86'03'16"W L8 19, 99 S03'56'44'E L9 109,21 S86'03'16'W L10 19.81 N03'58'44"W Lll 28.99 S86'03'16'W L12 78.41 NO2'16'23'W RE:'~ISED 5/1/02 0 50 ' 100 150 FL~ NO? YAUD ~THOUT ~£ S~(~NAI~IRE AND UCE~SED SURVEYOR AHD SKETCH AND DESCRIPTION lWI LKISON & TES ENGINEERS, SURVIDI'ORS AND PLANNERS 3506 EXCHN~E AVE. NaPt.ES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENS[ NO. LB5770 IR-L-126-1 PARCEL #126 A portion of the E:ost 660 feet of the West 1/2 of the No~h~mt 1/4, Ieee the Enlt 335 feet thereof. and I~ the North 100 feet prevloualydedic~ted for State Highway 1~!46, and hms the South 10 feet ~"'eof. Section ,.~. Townlhlp 48 South, Rongl 27.£ast. C~ller County. Florida, being more I:~rtlcul~y Comrnmc~ at the North 1/4 Corner of ~ Section 30;, thence South 02'13'14" E:cot. along the 1/4 eection line of eetd Sectio~ `30, for a diltance of 100.05 feet. to a point an the ixllting Iouth right-of-way line of State Road 111846 (Immakalee Rood); thence North 86'03'16' £olt. along laid Iouth right-of-way line, for a distance of 64,3.74 feet, to the POINT OF BEGINNING of the herein delcrll0ld porcgl; thence continuing North 8~'03'16' E:ast, along eeid iouth right-of-way line, for a distance of `321.87 feet; thence South 02'17'52' E:ast, for a diltonce of 68.24 feet; thence South 86.0.3'16' West, for a diltance of 53.66 feet; th.nco North 03'56'44' Welt, for a diltance of 10.00 feet; thence South 86~)3'16" West. for a distance of 129.75 feet; thence South 03'5~'44.' Ealt. for a dlltance of lg,gg feet; thence South 86'0`3'16" Wool for a distance of 109.21 feet; thmlce North 03'56'44' West, for a dllLance of 19.81 feet; thence South 86'0,3'16' West, for a dlstonc® of 28.gg feet; thence N(x'Lh G2'16'23' West. for a distance of 78.41 feet, to the POINT OF BEGINNING; Containing 0.640 ocree, more or lee~. Notes: 1. This ls not a survey. 2. Basis of bearing Is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning 5. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mopper. SCALE l AS NOTED DATE I lO/Ol SKETCH AND DESCRIPTION I~J&~ WILKISON &: ~I~l.ll ASSOCIATES IF IF ~lNC. ml ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. (941) 643-2404 FAX NO. (941) 643-517`3 FLORIDA BUSINESS UCENSE NO. L95770 s~c/su9 I w.o. NO.I ORA. BY I riLE NAME 30/48/271 0014.1I EAW I O0-OlS-OO.DW¢ SHEET I FB pO I Cl-IE:C~:EO BYI OWO. NO. PARCEL #127 IMMOKALEE ROAD S.R. 846 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 15¢ NOT TO SCALE: DES(3~IPTION: The Northerly 88.20 feet, of the West 150' feet of the East 1/2, of the North 1/2 of the Northeast I/4. of the Northweet 1/4. of the Noetheest 1/4, less the North 100 feet, predouely dedicated for rood rlghtaway. Section 30. Town~hlp 48 South, Range 27 Eaet. Ca~ller County. Flarlda. Containing 0.304 eore~ more or Ira, DAVID J. H~TI'. ~ (roe THE FIRM) FL~ UC. NOT VAUO ~11~T THE SIGNATURE AND THE O~ONAL RAISED SF.~L OF A FLO~OA UC:~NS~ SURWYOR AND SKETCH AND DESCRIPTION WILKISON &: /~lal~ ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE A~/[. NAPLES, FLA...34104 (941) 64,3-2404 FAX NO. (941) 64,3-517,3 FLORIDA BUSINESS UCENSE NO. I.B5770 FILE NAME 00-018-O0.DWG OW~. NO. IR-L-127 PAI~C£L #i2~ .... PI~'~~-a- ~ %7) IMMOKAL___EE ROAD -- S.R. 846 't NOT TO SCALE: N 0 50 100 15( Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.20 feet of the East One Half, of the North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less the North 100' feet rightofwoy, less the East 30' feet thereof for egress and ingress, and the West 150' feet thereof. Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.287 acres more or less. AS NOTED DATE lO/Ol 1HE ORIGINAL RNSED ~ OE A FI.0RIDA UC~NSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ~ t~lll~ ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHN~[ AVE. N~PLES, ~ 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 S~C/SUB W.O. NO. I DRAI~I BY I FII.E N~ 29/48/27 0014.1 I EAW [ 00-018-00.DWO SHEET FB PO I CHECXEO BYI DWG. NO. 1 OF 1 DJH I IR-L-128 loo' UNE OF S~C?.~.~ IMMOKALEE ~OAD ~ _ N 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A, 3. Subject: to easements, reservations and restrictions of record. DESCRIPTION: The NortheHy 188.20 feet, of the East 30.00 feet of the Northwest 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway t~!46, Section 50, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. SCALE lAS NOTED DATE 102/'02 DAVtD [t/~I~YAI'I'.~I~.S.M. (FOR THE FIRM) FLA. LlCZ/N0~34 NOT VAUD ~T ~E ~A~ ~D ~E ~I~N~ RN~ ~L-~ A ~DA UC[NSED SUR~YOR AND MA,I=~ER SKETCH AND DESCRIPTION iWILKISON &: TES IR-L-129A ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORmDA BUS,NESS UCENSI NO. LB5770 s~c/suB I w.o. NO.I ..A. BY FILE NAME 30/48/27) 0014.1I RAW i 2gA.DWO JUN 2 5 ?.u~,Z ! PARCEL #129B PIlOt -'~ of~,-,-~ mo' R/w IMMOKALEE ROAD _--.-. - ~6 N 0 50 100 15( NOT TO ~ALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. ,3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The NortheHy 178.00 feet, of the West ,30.00 feet, of the Northeast 1/4, of the Northeast t/4, less the North 100.00 feet previously dedicated for State Highway ~846, Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.054 acres more or less. SCALE JAS NOTED DATE J o2/o2 DAVID J../,I~AI'i'/,,,"~i~,M. (FOR THE nRM) FLA. U¢?NO. ~ NOT YAUD ~'ITHOUT THIr SIO~ATLIRE AND THE: ORIGINAL RAISED SEAL OF' A FLORIDA UC~NSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION 411WILKISON &: TES IR-L-129B ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANOE A~... NAPLES R.A. 34104 941) 643-2404 FAX NO. (94¥) 643-5173 FLORIDA BU$INE:S$ UCENSE NO, LB5770 SIC/SUB I W.O. NO. I DRAWN ByI FILE NAME oo,.I .w I Pg. PARCEL # 130 ikAMOKALEE ROAD S. · N 1.8 JANET RoMANO O.R. 1429, PG. 957 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 78.00 feet, of the South 260 feet of the North 360' of the West 1/2 of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4 of Sectlon .30, Township 48 South, Range 27 East, Collier County, Florida, less the West 30 feet thereof. Contolning 0.52.3 acres more or leis. D^WO ,~.,,.,~',,,rr,~m~.M. (Fo~ ~ ~ u~o.~ NOT V~D ~T mE ~A~ ~D U~ ~R~Y~ ~ M~ SKETCH AND DESCRIP~ON WILKISON &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVF_ NAPt. E~, ~ 34104 (941) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 ~°~l~°'~/~q °°'~"1 ~ I°°-°'~-°°'°~ °~' I I ~" I '~-~-'~° FEE SLMPLE INTEREST PARCEL $$131 EXHIBIT 2 SARA SINCLAIR ELLENBURG JAMES C. ELLENBURG TRUST O.R. 1516, PG. 2279 Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 0 50 100 15C 325' =~ '/ 660'~ / 3. Subject to easements, reservations and restrictions of record. 4. Parent tract descriptions are presented here verbatim from the provided descriptions. DESCRIPTION: The Northerly 78.00 feet, together with the Southerly 9.83 feet, of the NortheHy 87.85 feet, of the Easterly 25.05 feet, of the East 325 feet of the West 660 feet of the East 1/2 of the Northeast 1/4, less the North 100 feet previously dedicated for rood rightawoy, and less the south 10 feet thereof, Section ,30, NOT TO SCALE: Township 48 South, Range 27 East, Collier County, Florida. Containing 0.582 acres more or less. SCALE AS NOTED DAT'Z 10/ol THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH. AND DESCRIPTION WlLKISON & TES NC:. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 FLORIDA BUSINF-J SEC/SUB W.O. NO. ) I RA~I~Nut'~¥ ' % '- ,"'.'-~" ~ 3o/, 8/27 oo , .1 J [E^W JU~lC~6°L~'~°°'oWC~Ti~ OF 1 j DI Jj -L-1.31 FEE SIMPLE INTEREST PARCEL #132 EXHIBIT Pag, iMMOKALEE ROAD___ 15.1 CAP VENTURE OF COLLIER coUNTY, INC. O.R. 1499, PG. 1210 Notes: 1. This is not a survey. 0 50 100 150 NOT TO SCALE: 2. Basis of bearing is N/A. .:3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 87.83 feet, of the West 1/2 of the Northeast 1/4 of the Northeast 1/4, of the Northeast 1/4, LESS the East 30 feet and LESS the North 100 feet, AND the West 1/2 of the Southeast 1/4 of the Northeast 1/4, of the Northeast 1/4, Less the East 30 feet, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.589 acres more or less. NOT VAUD ~T ~E ~A~RE ~D ~E ~ION~ RAI~ S~L ~ A ~IDA U~NS~ ~R~ ~D SKETCH AND DESCRIP~ON iWILKIS~N &: TES NC. ~ ~"~~ .iv SCALE s£c/suB J JUN25 I ' ENGINEERS, SURVE"YORS AND PLANNERS 5508 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. I. B5770 W.O. NO. J F~.~W~i I&l"~d~r'JA~' q~.l~,lE 0014.1 r FEE SIMPLE ~TE~ST P~CEL #133 EXHIBIT/ N IMMOKALEE ROAD DESCRIPTION: The Northerly 187.8.3 feet, of the East 50.00 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. SCALE lAS NOTED 0~/02 0 50 100 150 o NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DAVID' J: ,J~AT'I',,~d. (FOR THE F1RM) n.~. uc.=wo. NOT VAUO VaTHOUT THE SIC, NATURE AND TH£ Om~N~L RA~S~.D S~L O~ ^ FLORIDA UCENS~ SUR~YOR ~D M~PPER SKETCH AND DESCRIPTION WILKISgN &: INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94,1) 643-2404 FAX NO. (94,1) 643-5173 FLORIDA BUSINES3 LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FIlE NAME 50/48/27 0014.1 EAW I 135.DWG SHEET Fl) PO DWi. NO. 1 OF1 CHECKEDDJH BYI IR-L-133 FEE SIMPLE INTEREST PARCEL #134 JUN 2 IMMOKALEE ROAD 37 N 82 m~cr. Notes: 1. This is not o survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. DESCRIPTION: 0 50 100 15C NOT TO SCALE: The Northerly 77.7.3 feet, of the East 100 feet of the West 200 feet, and the West 100 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100 feet reserved for Highway #846, Section ;30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.357 acres more or less. THE ORIGINAL RAISED ~:..AL~ OF A FLORIDA LICENSED SURVE:YOR AND M.~C~PF_R SKETCH AND DESCRIPllON ~ iWILKISON ac TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 jSCALE j SEC/SUB AS NOTED j3o/48/27 DAlE j sHE£T 10/01 J 1 OF 1 w.o. NO. I 0014.1 F'B PG DRAWN BY FILE NAME F_AW 00-018-00.DW3 CHECKED BY DWG. NO. DJH IR-L-134 J FEE S1MI'LE INTEREST PARCEL #135 loo' R/W 3O EXHIBIT Notes: 1. This is not a survey. 2. Basis of bearing is N/A. ,3. Subject to easements, reservations and restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIP~ON: The Northerly 77.73 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the west 200' feet, and the East 10' thereof, also less the North 100 feet reserved for Highway ~846, Section ,30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.200 acres more or less. JUN 2 5 g6J.,1 J REVISED 5/1/02 DAVID ,~/I~YA~/~'~.M (FOR mE FIRM) FLA. U~ N~5834 NOT VAUD ~T ~E ORI~N~ RN~D ~. ~ A ~IDA U~N~ ~R~Y~ ~D M~PER SKETCH AND DESCRIP~ON WILKIS .gN & INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO, (94-1) 643-517,.3 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY HLE NAME 0014.1 EAW O0-018-OO.DWG F"B PG CHECKED BY DWG. NO. DJH R/~ NORTH UN[ OF 1MMOKALEE ROAD FEE SIMPLE INTEREST PARCEL #136 EXHI,13]T/ N T 0 50 100 150 NOT TO SCALE: Notes: DESCRIP~ON: The Northerly 177.73 feet, of the East 10.00 feet, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. FLA. UC?NO. 1~8'~ Containing 0.018 acres more or less. No._ JUN ... AS NOTED DATE 02/02 NOT VALID ~3HOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKIS .qN & INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94.1) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB 30/48/27 1 OF1 W.O. NO. 0014,1 FB PO EAW 136.DWG CHECI(E? BY DWG. NO. DJH IR-L-I,36 FEE SIMPLE INTEREST PARCEL #137 DESCRIPTION: The Northerly 178.0.3 feet, of the West 30.00 feet, of the Northwest 1/4, of Section 29, Township 48 South, Range 27 East, less the North 100.00 feet previously dedicated for State Highway #846, Collier County, Florida. Containing 0.054 acres more or less. SCALE AS NOTED DATE 02/02 N 0 5O 100 .150 Notes: NOT TO SCALE: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to eosements, reservations and restrictions of record. ..'.~ :- d ~ FLA. NOT VAUD WITHOUT THE SIGNATURE AND THE ORI~NAL RAISED SEAL OF A FLORIDA UCENSED SURV~-'YOR AND MAPPER SKETCH AND DESCRIPTION WILKIS .qN & I~~ AW~;LsKoII (~:?AI T E INC. ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..94104 (941) 643-2404 FAX NO. (941) 643-517,.9 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN 13Y FILE N~ME 0014.1 EAW 157.DWG 29/48/27 SHEET FB PG CHECKEO BY DWG. NO. 10F1 IR-L-157 DJH r FEE SIMPLE INTEREST PARCEL #138 EXHIBITj -- -- ----'--- iMMOKALEE RUAu - §.R. ~6 NOT TO SCALE: DESCRIPTION: 0 1 O0 200 300 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. The Northerly 78.03 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet for road right-of-woy purposes ond LESS the West 30 feet thereof for rood right-of-way purposes, Collier County, Florida, Containing 2.250 ocres more or less. AGENDA J~EM N o.-~~T_~(.-~ JUN 2 5 2.,:')2 NOT V~D ~T ~E ~A~RE ~D ~E ~N~ R~ S~ ~ A FLORIDA SKETCH AND DESCRIP~ON WlLKIS .~N & ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE:. NAPLES, ~ 34104 (941) 645-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB JAS NOTED 2g/48/27 REVISED 5/13/02 REVISED 2/11/02I 1~,/01 il o,t J W.O. NO. DRAWN BY J FILE NAME 0014-.1 EAW j O0-01E, -O0. DWG Fi] PG CHECKED BY DWG. NO. DJH IR-L-158 JUN 2 FEE SIMPLE INTEREST PARCEL #139 ~ ~-- [.-.-100' R/~ NORTH UNE OF SECTION__29 -- -- ...._._._~: OAD_ . - - ------- - ----- -- S.FL EXHIBrr r DESCRIPTION: A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Comer of said SecUon 29; thence South 02'22'25' East, along the east line of the Northwest 1/4 of sold Section 29, for a distance of 100.04 feet, to (3 point on the Southerly Right-of-Way line of State Ro~d 11184~ (Immokolee Road) and the POINT OF BE~NNING of the herein described pcrcet; thence continuing, South 02'22'23' East, =long the said East line, for a distance of 86.99 feet; thence South 86'00'23' West, for a distance of 328.55 feet; thence North 03'5g'37' West, for o distance of 10.00 feet; thence South 86'00'23' West, for a distance of 342.35 feet; thence South 03'59'37' East, for a distance of 19.73 feet; thence South 86'00'23' West, for o distance of 109.24 feet; thence North 03'59'37" West, for a distance of 20.06 feet; thence South 86'00'23" West, for a distance of 505.83 feet; thence North 02'23'24' West, for u distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of acid Section 29; to o p(3int on said SoutheHy Right-of-Way Uno; thence North 86130'23' East, along said Southcrly Right-of-Way Line, for a distance of 1,286.29 feet, to the POINT OF Notes: NOT TO SCALE 2. Basis of bearing is state pland coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning -: 0A~D :J//c~¥^:~rP.s.u. (tar mE nRU) FLA. U~ NO. 5834 NOT VAUD WITHOUT THE S~(~IATURE AND ~I-IE ORIGINAL RAISED SE. AL Q¢ A FLORIDA UCF. NSED SUR¥1[YOR AND MAPPER BEGINNING: Cont(31ning 2.452 acres, more or less. SCALE SEC/SUB j^s .aT, DJ29/48/27 SKETCH AND DESCRIPTION iWILKISO N & TES N¢om ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS UCENSE NO. L65770 W.O. NO. FILE NAME 0014.1 00-018-O0.DWG FI~ PG DWG. NO. DRAWN BY J RAW CHECKED BY DJH IR-L-i 39 1. This is not a survey. FEE SIMPLE INTEREST PARCEL # 140A EXHIBIT 0 50 lO0 150 NOT TO SCALE: Notes: 1. This is not o survey. 2. Besis of beoring is N/A. 5. Subject to eosements, reservotions ond restrictions of record. DESCRIP~ON: The Northerly 179.18 feet of the West 30' feet of the North One Holf of the North West Quorter of the Northeost Quorter, less the North 100.00 feet previously dedicoted for Stote Highwoy #846. Section 29, Township 48 South, Ronge 27 Eost, Collier County, Florido. Contoining 0.05,5 ocres more or less. FLA. UC. 5 ~0. ~ NOT V~D ~T ~ ~A~RE ~D ~E ~I~N~ RAIS~ SE~ ~ A ~ORIDA M~N~D ~R~Y~ ~D M~P~ SKETCH AND DESCRIP~ON lWl LkiS .~N & TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-517Z FLORIDA BUSINESS UCENSE NO. LB5770 lSCALE SEC/SUB AS NOTED 29/4E;//27 02/02 j 1 07 1 W.O. NO. 0014.1 k'-B PG DRAWN E~y t F~LE NAME EAW I O0-018-O0.DWG CHECKED B~r lC)lNG. NO. DJH ...L IR-L-14JA FEE SIMPLE INTEREST PARCEL #140B Nc~'m UNE Of' S~¢'~C~ ROAD 46 N 3o' 5. ! A~THO~¥ K' GIORDA~O MAUR£EN A. GIORDANO O.R. ~?05, PG. 0 50 100 150 ~__~/~ 260',N~x NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet of the West Two Hundred Sixty Feet 260' of the North One Half of the North ~/~'~:>~-- West Quarter of the Northeast Quarter, less the West .30' feet, and the North 100' feet, Section 29, Township DAVID J. HY~I~T, P.$~M.'~'. (FOR THE FIRM) 48 South, Range 27 East, Collier County, Florida. FLA. LIC. N{~. Containing 0.418 acres more or less, NOT VALID ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED .$~ *OF A FLORIDA UC~NSJ~D SURVEYOR AND .MAPPER SKETCH AND DESCRIPTION ,~~WI_I.~KISQ/WILKISQN &: w W INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA, 34104 (9¢1) 643-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS LICENSE NO. LB5770 DRAWN BY EAW CHEWED BY J SCA~.c SEC/SUB W.O. NO. AS NOTED 29/48/27 0014.1 DATE SHEET F'B PG DJH FILE NAME 00-018-O0. DWG DWG. NO. IR-L- 140B .j ---" t FEE SIMPLE INTEREST PARCEL #141 IMMOKALEE ROAD~ S.R. 846 EXHIBIT__~L 42 54 1 z,Z,'~ CHARLES F. ' · GIORDANO ~J ua HELEN J. W ~. ~ BEVY J. ~ 5, PG. 410 ~m ~ ~ ~ O.R. 8~, P( NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is 5. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or Jess. 0 50 100 150 OA~ID J./~A'r1'.~v'.S.a. (FOe THE RRM) FLA. MC. ~N0.~34 NOT VALID WITHOUT THE SIGNA31JR[ AND THE OelmNAL RAISED SEAL. OF A FLORIDA UCENSED ~URVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON & ~ASSOCIATES ~ ~ INC. ~ ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-517..3 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE J SEC/SUB W.O. NO. DRA, W BY FILE NAME I AS NOTEDI29/AS/27 0014.1 LAW O0-018--O0.DWG I DATE ! SHEET F'B PG C~ECKED EY DWG. NO. ;g/gl f 1 OF 1 DJH IR-L-141 JUN 2 5 2?,?2 FEE SIMPLE INTEREST PARCEL $$142 iMMOKALEE ROAD ~ S.R. 846 CHARLES F. ~LSON [ EXHIBIT A 200' 360'~ NOT TO SCALE: Description: The Northerly 79.18 feet of the East Two Hundred (200') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.364 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. N FLA. LIC. . ~o ~4 NOT VAUD ~OUT ~[ ~A~RE AND ~E ~IGIN~ R~ ~ ~ A ~IDA U~N~D ~R~YOR AND MAPPER SKETCH AND DESCRIP~ON mWILKISON TES NC. m ENGINEERS, SU~ORS AND P~NERS 3506 ~C~GE A~. ~S, ~ 34104 (941) 643-2404 F~ NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. ~5770 I SCALE i SEC/SUe AS NOTED 29/45/27 0 50 1 O0 150 DATE t SHe. ET R~:~S_~D s/i/D21 REUSED 4/25702[ 10/01 1 OF 1 W.O. NO. FiLE NAME 0014.1 00- 018- O0.DWG FE PC; DWG. NO. DRAWN Biy EAW CHECKED DJH IR-L-' ¢2 ~ FEE SIMPLE INTEREST PARCEL # 143 S.R. 846 EXHIBI'r ~. 9 17 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. 0 50 100 150 100' 660' ~ NOT TO SCALE: ! JUN 2 § 2.::! DESCRIPTION: The Northerly 79.18 feet. of the East One Hundred (100) feet of the West 660 feet of the North 1/2 of the Northwest 1/4. of the Northeast 1/4 lees the North 100 feet prevloualy dedicated for State Highway t11846. Section 29, Township 48 South. Range 27 East, Collie~ County, Florida. Containing 0.182 acres more or le~ O^V~D J. ~^TT. ",4t~. (FO, T,E ~..) FLA. UC. ~0.~ . NOT VAUD WITHOUT 3~1E SIGNA~IRE AND THE ORIGINAL RAIS~rD 'SEAL OF ~, FLORIDA UCENSE:D SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~ iWILKISO N &: TES t4C. ~m ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANr, E AVE. NAPLES, n.~ 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 29/48/271 0014.1 EAW O0-018-O0.DWG DATE SHEET Fl] PG CHECKED BY DWi. NO. 10/'01 1 OF 1 DJH IR-L-143 FEE SIMPLE INTER2EST PARCEL #144 iMMOKAL£E RO~AD ~ 63 Notes: 1. This is not a survey. 2. Basis of bearing Is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet of the following described parcel. Commencing at the North one-quarter corner of Section 29,Township 48 South, Range 27 East, Co~lier County, Florida. Thence 1'South 32'29' East, 100.05 feet to the Southerly Boundary or Right of Way Line off State Rood 848, thence North 86'4g'46' East along said Right of Way Une 660.00 feet to t~e po~t of beginning, thence South 1'32'2g' East 560.00 feet, thence North 86'49'46' East 166.09 feet, thence North 1'20'20' West 560.00 feet to the SoutheHy R~ht-of-Woy of State Rood 846, thence Sou~ 86'4g'46' West along said Right-of-Way Une 166.61 feet to the point of beginning. Containing 0.505 ac~ee more or Jsse~. REVISED 5/1/02 0 50 100 150 ~ /~ 166.61' / / tx 660' ~ NOT TO SCALE: FLA. LIC.~NO~34 NOT VALID ~ITHOUT 11-tE SgGNATURE AND 'IHE ORIGINAL RAISED SF. AL 0F' A FLORIDA UCENSI~D SURVEYOR AND MAPF~ER SKETCH AND DESCRIPTION WI LK ISOJ',,I & ASSOCIATES INC. mi ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS LICENSE NO. LB5770 t SCALe- J SEC/SU:~'~ W.O. NO. t AS NOTED 29/48/27 0014.1 ' DATE SHEET F~ Pg 10/01 1 OF. 1__..__ DRAW~ 9Y J F~LE: NAME £AWI 00- 318-O0.DWG CHECt~F,D B' J OWg. NO. DJH J I IF,- L- 1~._~ FEE SIMPLE INTEREST PARCEL # 145 EXHIBIT_ L._ JUN 2 ~ ~ o~.~.~o~ 30 IMMOKALEE ROAD - S.R. 8 44 [ Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet, of the West 100 feet of the East 460 feet of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4, less the North 100 feet previously dedicated for State Highway #846, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.182 acres more or less. 0 50 100 150 NOT TO SCALE: THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPllON ~ iWILKISON &: TES ENGINEERS, SURVEYORS AND PLANNERS 35O6 EXCHANGE AVE. NAPLES, FLA. (941) 643-24~4 FAX NO. (941) 643-5175 FLORIDA BUSINESS UCENSE NO. IR5770 SCALE. SEC/SUB lAS NOTED ~ IDATE. SHEEr I lo/o i W.O. NO. FILE NAME 50/48/27 0014.1 O0-018-O0.DWG FB PG DWG. NO. DRAWN BY FAW CHECKED BY DJH IR-L-145 FEE SIMPLE INTEREST PARCEL #146 iMMOKALEE ROAD ____ -- ~46 -- EXHIBIT 29 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. 30' ExcepTION 0 5O lO0 150 ~360' ~30' JUN 2 5L DESCRIPTION: NOT TO SCALE.; The Northerly 79.18 feet, together with the Southerly - 10.00 feet, of the Northerly 89.18 feet, of the Eosterly~.~1/'~"~". / 303.99 feet, of the East 360 feet of the Northeast Quarter of the Northwest Quarter, of the Northeast "DAVID J. kY.~)4'T,'P/J~. (FOR THE FIRM) Quarter less the East 30' feet, and the North 100' FLA. UC. N, JZ feet. Section 29, Township 48 South, Range 27 East, NOT VAUD~'IMTHOOT THE SIGNATURE AND Collier County, Florida. Containing 0.670 acres more or THE ORIGINAL RAISED. SEAL .0~ A FLORIDA less. UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKIS .qN &: INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANO£ AV~. NAPLES, n.~ 34104 (941) 643--2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS UCENSE NO. LB5770 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O0.DWG FEI PO CHECKED BY DWG. NO. DJH IR-L-146 SCALE I SEC/SUB J DATE SHEET REV1SEO 4/~O/o~J lO/m 1 or 1 DESCRIPTION: FEE SIMPLE INTEREST PARCEL 147A ,.~00' ~OR/'W~ LINE OF SE:C~.~_.~ 29_ IM~AD z '-~ The Northerly 189.18 feet of the East 50.00 feet of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway ~46, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. JUN 2 5 / REVISED Notes: 0 5O lO0 150 NOT TO ~CAI.E; 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. ~. ' U~ ~R~ ~O M~ SKETCH AND DESCRIP~ON WILKISgN & INC. SCALE ' SEC/SUB I W.O. NO. AS NOTEDI29/'8/271 0014.1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FL~ 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 DRA~%I BY FILE NAME EAW I 147A.DWG I CMEC~O aYI DWG. NO. I DJH I IR-L-147A NO._. ~ JUN 2 5 Pg. FEE SIMPLE INTEREST PAECEL #147B EXHIBIT R/W .o. TH u.E oL_~c~_.-? IMMO~ ROAD Z 0 50 100 150 NOT TO SCALE: Notes: DESCRIPTION: The Northerly 179.18 feet of the West 30.00 feet of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.055 acres more or less. tSCALE lAS NOTED I DATE REVISED 4/30/021 02/02 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. NOT VALID ~M'I~40~T TH[~ SIo, NATURE AND THE ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVE:YOR AND MAPPER SKETCH AND DESCRIPTION lWl LKIS .O,N &: TES NC. I~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPIFS, F'LA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB 29/48/27 SHEET 1 OF1 W.O. NO.I DRAWN BY1 0014..1 EAW I FB PG } CHECKED BYI FILE NAME 147B.DWG DWi. NO. IR- L- 147B_.,..../ AGR~,u NO.._~,,~ JUN 2 5 FEE SIMPLE INTEREST PARCEL #148 NORTH LiNE OF SECTION 29_ Ik~k40 _ __ -- ----- -- S.R.~6 L6 p.( EXHIBIT "f L2 LINE TABLE LINE LENGTH BEARING L1 100.04 NO2'20'OO"W L2 760.18 N86'O2'O6"E L3 79.21 N02'16'54"W L4 495.82 N86'02'06"E L5 79.21 N02'21'lt"W L6 495.91 N86'02'06"E Description: NOT TO SCALE A portion of Section 29, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast Corner of said Notes: Section 29; thence South 02'20'00" East, along the East line of said Section 29, for a distance1. of 100.04 feet, to a point on the Southerly This is not o survey. Right,-of-Way Line of State Road #846 (Immokalee Road); thence South 86'02'06" 2. Basis of bearing is state plane West, along said Southerly Right-of-Way line, coordinates, Florida East Zone. for a distance of 760.18 feet, to the Northeast Corner of the Lands described in the Official .~. Subject to easements, reservations and Records Book 797, Page 546, of the Public restrictions of record. Records of Collier County, Florldo, and the POINT OF BEGINNING of the herein described 4. P.O.C. = Point of Comrderrcement parcel; thence South 02'16'54' East, along the P.O.B. = Point of BeginDfng.. - Easterly Boundary of the said Land Described, ~,~/~r~ for a distance of 79.21 feet; thence South 86'02'06" West, for a distance of 495.82 feet, DAVID J.-HY~('I-t', ¢'~1. (FOR THE FIRM) to a point on the Westerly Boundary of the FI_A. UC. N~. 58~r Land Described In Official Records Book 797, NOT VAUD ~TJ~I~UT 11-1E ~IGNATURE AND THE ORIGINAL RN~)_~ SEAL OF A FLORIDA UCENSED SUR~:.-'YOR AND' MAPPER SKETCH AND DESCRIPTION WILKISON & ~ASSOCIATES INC. Page 546, of the Public Records of Collier County, Florida; thence North 02'21'11" West, along the WesteHy Boundary of the said Land Described, for o distance of 79.21 feet, to a point on the said southeHy right-of-way line; thence North 86'02'06" East, along said southeHy right-of-way line, for a distance of 495.91 feet, to the POINT OF BEGINNING; Containing 0.901 acres, more or less. SCALE JAS NOTED 2c-,/4B/27 OA',~ IlO/Ol ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104. (94.1) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. J DRAWN BY FIL£ NAME 0014.1! EAW SH -E["T. F'B PG .. CHEC;',ED BY DWG. NO. 1 OF' 1 I DJH 00-018-00.DWG IR- L- 1 AGE,InA:4. _-rEIql JUN 2 5 2002 FEE SIM~LE INTE~ST P~CEL # 149 EXHIBIT' Page UO 1M_MoKALEE ROAD S.R. B46 56 f NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 660', of the Northwest quarter of the Northeast quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. 0 50 100 150 FLA. UC~O, ~4 . NOT V~D ~T ~E ~A~E ~O ~E ~I~NAL RN~ ~ ~ A ~IDA LI~NSED ~R~ ~D 'M~P~ SKETCH AND DESCRIP~ON ~,~l~ WILKISON & ~1/~ ASSOCIATES W W INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE]. NAPLES, F'LA. 34104 (941) 643--2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO. IR5770 lsc,~ [ sEc/su, 1 w.o. No. AS NOTEDI29/48/271 0014.1 10/01 / 1 OF 1 ] DRAWN BY [ FILE NAME EAW I O0-018-O0.E'WO CHECKED BY I DWi.. NO..__ DJH I IR-L-1,1-9 AG~=~,~n ^ rr,-M JUN 2 5 2002 iMMOK___ALEE ROAD ~ S.R. 1546 FEE SIMPLE INTER. EST PARCEL #150 EXHIBIT._ L_ Description: The West Two Hundred (200') feet of the East Six Hundred Sixty (660') feet of the North One Half of the Northeast One Quarter of the Northeast One Quarter, less the North 100' feet thereof previously dedicated for the State Highway purposes. Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 2.652 acres, more or less. AS NOTED REVISED 2/11/02 J 10/0l 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 200' 660' NOT TO SCALE: bAVlD J. HY/~. ¢'.z~. (FOR THE FIRM) FLA. UC. N~. NOT VAUD Wlll*IO~"T 1HE S~GNAI'URE AND THE O~I~NAL RAISED SEAL'OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKIS .qN & INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FILE NAME 001 4. i EAW 29/48/27 SHF'-.T F~ PG CHECKED BY I OF1 DJH 00-018-O00.DWG J DWG. NO. j IR-L-150 ~ FEE SIMPLE INTEREST PARCEL #151 EXHIBrr__ _ ,.~' UuoK^ EE._Zo^ S.R. 846 Description: The West 100 feet of the East 460 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4. Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 1.326 acres, more or less. Notes: JUN 2 5 2002 N 0 50 100 150 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations (3nd restrictions of record. 4. *Descriptions provided did not make note of Right-of-Way exception. NOT TO SCALE: DAVtD J. I'J~TI'. P.,~. (FOR mE RRM) FL~ uc. ,.o. 5~,' NOT VNJD WI~T mE S~C;NA~URE AND THE ORIO~NAL RAJSED SEAL OF .A FLORIDA UCENSI~D SUR~YOR AND 'MAPPER SKETCH AND DESCRIPTION ~lI~I WlLKISO, N &: ~IllIII ASSOCIATES I I INC. II ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. ,34104 (94.1) 643-24.04 FAX NO. (941) 64,:3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE I SEC/SUB [AS NOTED I2T/4~,/27 RE~qSED 2/11/02 W.O. NO. FILE NAkI: 0014.1 0~- 018- 000. DWG F'B PG DWG. NO. DRAWN BY EAW CHECKED BY DJH IR-L-151 No. , ~z JUN 2 pg. FEE SIMPI.E INTEREST PARCEl. # 15 2 EXHIBIT __~ loo' R/W IMIviOKALEE ROAD - S.R. 84-6 N f- 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. Description: The West 100 feet of the East 360 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, Less the North lOOft of Right of Way. Section 29, Township 48 South, Range 27 East. Collier County, Florida. Containing 1.327 acres, more or less. 100' 360' ENGINEERS, SURVI~¢ORS AND PLANNERS 3506 EXCHANGE AVE:. NAPLES. FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 0014.1 EAW J00-018-00C.DWG FB PG CHEWED aYI DWG. NO. DJH J IR-L-'~ 52 I WILKISON & ~ ASSOCIATES INC. SCALE SEC/SUB AS NOTED j29/48/27 i DA~ J SHEET 1o/o j ;o '1 DA~IO J.),~fA'I~'/~.S.M. (FOR THE F1RM) FL~ uc~mo./)a34 . .' ~OT VAL~ ~¢mOUT.'mE S~C~,,,TURE A~D THE C~IOINAL RAISED SEAL OF A FLORIDA UC4~:NSED SURVEYOR 'AND MAPPER SKETCH AND DESCRIPllON FEE SIMPLE INTEREST PARCEL #153 iMMOKALEE ROAD 8 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. NoAGI~I~D~~__._ _ JUN 2 5 20,;2 Description: The Northerly 79.18 feet of the West 230 feet, of the East 260, feet of The North One-Half of the Northeast One-Quarter of the Northeast One-Quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.418 acres, more or less. 0 50 100 15O SCALE JAS ~'OTED DA't~ '10/o'~ DAVID J. RYA/~, 'PJ~. (FOR THE FIRM) FL,. uc. NB/5~.~,' NOT VALID~MTHOUT TIlE SIG~AllJRE AND THE ORIGINA/. RAISED SEAL OF A FLORID~ UCENSED SURVEYOR AND UAPPER SKETCH AND DESCRIPTION WILKISO,N & ~M ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SU~ 29/48/'27 W. 0. NO. 0C14.1 FILE NAME 00-018- 00.DWG DRAWN RY J EAW j ~---CKED BY J SHEET h"'B PG D%%. NO. 1 OF1 IR-L-153 FEE SIMPLE INTEREST PARCEl. # 154 EXHIBIT_ __ AGEND&flTEM . NO._ v-- ~ JUN 2 5 2002 tMMOKALEE__~AD 16.24" 24 Description: -~ The Northerly 79.18 feet, together with the Southerly 20.45 feet of the Northerly 99.65 feet, of the Easterly 16.24 feet of The East ;30 Feet of The North One-Half of the Northeast One-Quarter of the Northeast One-Quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.062 acres, more or less. N NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. FLA. LJC. ~3. 5e~,,,~,'- . NOT VALID ~]~[JT THE SI(~IATURE AND THE ORIGINAL-RAiSED SEAL OE A FLORID~ UCENSED SUR~i'YOR AND MAPPI~ SKETCH AND DESCRIPTION WILKISON & ~ ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (94.1) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED £9/48/27 0014.1 EAW O0-018-O0. DWG ,0 DATE SHEET F'B PG CHECKED BY D ,'~. NO. 10/01 1 0~' 1 DJH IR-L-15¢ 0 50 100 150 FEE SIMPLE INTEREST PARCEL #155 EXHIBff ,A pg 7._.q Description: A portion of Tract 8, Golden Gate Estates, Unit 20, according to the plot thereof os recorded in Plot Book 7, Page 80 of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Northwest Corner of said Tract 8; thence North 86'50'45" East, otong the Northerly Boundary of said Tract 8, for a distance of ,382.18 feet, to the Northeasterly Corner of said Tract 8; thence South 00'19'10" West, along the Easterly Boundary of said Tract 8, for o distance of 79.65 feet; thence South 86'50'45" West, for o distance of 275.6.3 feet; thence South 03'09'15" East, for a distance of 19.75 feet; thence South 86'50'45" West, for o distance of 107.19 feet, to o point on the Westerly Boundary of s(]id Tract 8; thence North 01'25'50" West, along the Westerly Boundary of said Tract 8, for o distance of t04.71 feet, to the POINT OF BEGINNING; Containing 0.767 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Ali dimensions ore plot unless otherwise noted. 0 50 100 150 SCALE l AS NOTED DATE SKETCH AND DESCRIPTION l~~ WlLKISO~I & '~lal~ ASSOCIATES ~ ~1~ INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 645-2404 FAX NO. (941) 643-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FILl. NAHE GGE 20 001/ ! EAW O0-OiS-30. D~,¥G S;~ELT FB P~- CHECKED BY DWG. NO. 10/1 DJH IR-L-155 JUN 5 FEE SIMPLE INTEREST PARCEL ~156 EXHIBF A b '7- o;S IMMOKALEE RO._._AD S.R. 846 0 5O lO0 150 Notes: 1. This is not o survey. 2. Bosis of booting is plot. .3. Subject to eosements. reservotions ond restrictions of record. 4. All dimensions ore plot unless otherwise noted. 5. U.E. Represents Utility Eosement. Description: The Northerly 323.89 feet of Troct 9, Golden Gore Estotes, Unit 20, es Recorded in Plot Book 7, Poge 80, of the Public Records of Collier County, Florido. Contoining 2.457 ocres, more or less. SCALE SEC/SUB j DATE SHEET RE¥1S£D 2/11/02[ ',0/01 I ~ OF1 DAV1D J. 'HY~'rT, p.S..I~t~OR THE FIRM) FLA. UC. NG. 5834~/' NOT VAUD ~mOUl/'mE SIGNATURE AND mE OR~mNAL R~USgD S~L O~ A FLORIDA UCENSED SURVE:YOR 'AN~ M'~kPPER SKETCH AND DESCRIPTION ~~1~ WILKISO,N & ~ASSOCIATES ~ ~ INC. I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 6~,.3-517.3 FLORIDA BUSINESS LICENSE NO. LB577C W.O. NO. I DRAWN BY FILF. NAMF. I 0014.1 EAW O0-018-O00.DWG FB PG CHF.'._CKF.D BY DWG. NO. JUN 2 5 Pg ~ FEE SIMPLE INTEREST PARCEL # 15 7 i___._~lvlOK ALEE ROAD S.R. 846 330,61' N EXHIBIT k 0 50 100 150 < Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plot unless otherwise noted. 5. U.E. Represents Utility Easement. Description: The Northerly 323.89 feet of Tract 20, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. j SCALE J [~s NOTEDI REUSED 2/~/02J 10/01 J THE ORIGINAL RAISi~D ~AL OF A FLORIDA LICENSED SURWYOR AHD raAPPER SKETCH AND DESCRIPTION Wl LKISC~N &: TES INC. !~ ENGINEERS, SURVEYORS AND PLAN~ERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO. L65770 SEC/SUB GGE 20 SP'TET 1 W.O. NO. 0014.1 FB PG DRAWN BY EAW CHECKED BY DJH FILE NAblE 00-018-000.DWG DWG. r'O. tE-L-157 JUN 2 5 2C 2 FEE ShMPLE INTEREST PARCEL #158A EXHIBIT ~165.00' Notes: 1. This is not o survey. 2. Bosis of beoring is plot. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 94.35 feet of Westerly 165.00 feet of Tract 21, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.559 acres, more or less. N 0 50 100 ;50 SCALE J LOCOl m/02 THE ORIGINAL RAISED SEAL. OF A FLORIDA UCENSI~D SURVEYOR AND MAPPER SKETCH AND DESCRIPTION 1 OFt WlLKISON & '~JlJ, AS SOC IAT ES INC. ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, F-LA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY j FILE NAME GGE 20 ,3014.1 EAW t O0-O~'8-O0'DWG I SHEET ~3 ~3 CHECN~D BYI DWG. Ne. I DJH J IR-L-158A ~/ AGEN~D,Q, ATE~ JUN 2 '737 FEE SIMPLE INTEREST PARCEL #158B EXHB~IT_~ Fl00' IMMOKA___.LEE ROAD ---------'---'--- $.R. 84-6 .... ,-,,,~w' E 330.61' - ~ V.~YY~ASF_~AE. NT.~ 165.00' Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 94.35 feet of Tract 21, Less the Westerly 165.00 feet Thereof, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.35~ acres, more or less. 0 50 , O0 150 DA~D J: '~-I'YA/~, IS:.S.~FOR THE FIRM) NOT VALID ~TI.,l(~)'t' 'II-tE SIG~iATLIRE AND THE ORIGINAL RAISED SIAL 0¢ A FLORIDA UC~S~'D SURVEYOR-~NO MAPPER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES INC. ~,~'"; ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, F'L& 3Z104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE J SEC/SUB AS NO~:DI GGE 20 Ol/O2 Il W.O. NO. DRAWN BY J FILE NAME 0014.1 EAW J 00-018-O0.DWG FEI PG CHECI(ED BY J D~.. NO. DJH I IR-L-IDSE JUN 2 5 2092 pg. FEE SIMPLE INTEI~EST PARCEL # 159 EXHIBIT page ~,1 S B6'50'45' W NO3'09'l,5"W 5.00 H.A. STREET O.R. 1954, RGS. Description: --ROAD~ ~ ~ IMMOKALEE S.R. 84b  45- w 2s9.97' -'45'W ~:n~'og'l 5'E t.~- 20.00' 57 H.A. STREET ~ O.R. 1954, pGS. .,-- O O A portion of Tract 36 and Tract 37, Golden Gate Estates, Unit 20, according to the plat thereof as recorded in Plat Book 7, Page 80 of the Public Records of Collier County, Florida, being more )articularly described as follows: Begin at the Northwesterly Corner of said Tract 36; thence North 86'50'45" East, along the Northerly Boundary of said Tract 36 and Tract 37, for a distance of 661.22 feet, to the Northeasterly Corner of said Tract 37; thence South 00'19'10" West, along the Easterly Boundary of said Tract 37, for a distance of 70.19 feet; thence South 86'50'45" West, for a distance of 269.97 feet; thence South 03'09'15" East, for a distance of 20.00 feet; thence South 86'50'45" West, for a distance of 109.54 feet; thence North 03'09'15" West, for a distance of 5.00 feet; thence South 86'50'4-5" West, for a distance of 283.47 feet, to a point on the Westerly Boundary of said Tract 36; thence North 00'19'10" East, along the Westerly Boundary of said Tract 36, for a distance of 94.58 feet, to the POINT OF BEGINNING; Containing 1.282 acres, more or less. N 586-592 0 50 1 O0 150 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4-. All dimensions ore plat unless otherwise noted. O0-018-O0.DWG j DW'G. NO. I IR-L-159 AS NOTED J GGE 20 DATE J SHEET_ 10/01 llOFlJ W.O. NO. DRAWN BY J I 0014.1 EAW r"BPG CHECKED DJ.; I- FILE N At,.t7 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 iWlLKISON & TES THE ORIGINAL RAISED ~ .OF A FLORIDA UCENSED SURVEYOR ANO MAPPER SKETCH AND DESCRIPTION FEE SIMPLE INTEREST PARCEL # 160 IMMOKAL_.._EE ROAD ~ S.R. 84-6 52 JUAN RAMIREZ EL~A H. RAMIREZ O.R. 2399, PG. 2684 F- HIBIT A Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. JUN 2 S 2 22 Description: The Northerly 79.45 feet of Tract 52, Golden Gate Estates, Unit 20, as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less, N 0 50 100 150 NOT VALID ~ITHOU1r 3HE SIGNAl.IRE AND THE ORI~NAL RNSi[D SE_AL Ot= A FLORIDA UCENSIZD SUR~vI[YOR ~ID' MAPPER SKETCH AND DESCRIPTION WlLKISON & ~1~1~ As, sac IATES INC. ENGINEERS, SURVEYORS AND PLANNERS ;5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO, LB5770 scA'~ S~C/SUB I~!OTEn GGE 20 DATE SHEET W.O___: N__0 I DRA~I',I BY I FILE NAME 0014.1 I EAW I O0-018-O0.DWG I~ PG [ CHECK.¢~ BY DWG. NO, DJ-{ IR-L- ~ 60 JUN 2 § FEE SIMPLE INTEREST PARCEL # 161 EXHIBIT IMMOKALEE ROAD - ~ S.R. 84-6 53 FRANK V~TALE ANN CERULLO O.R. 472, PG. 436 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.45 feet of Tract 53, Golden Gate Estates, Unit 20, as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.605 acres, more or less. N 0 50 100 150 SCALE lAS NOTED IDA'~ 110/01 DAVID J. I[tY~/J~rT,'K~. (FOR THE FIRM) FL~ UC. ~'o. 583~ NOT VALID WITHq(~ THE S~ONATURE AND THE ORIGINAL R,~S['D SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION lWl LK ISO~ & TES NC. I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 64;3-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FILE NAME I (;CE 20 001~,.1 EAW I O0--018-O0.DWG I SHEET F'B PG OHECKZD BY J DWG. NC. 1 OF 1 DJH I IR-L-161 r ~o~~ JUN 2 5 FEE SIMPLE INTEREST PARCEL #162 F--XHIBIT ~_~__ Pmge~ of ~ '~ IMMOKALEE ROAO~ O Notes: 1. This is not o survey. 2. Basis of bearing is plot. 3. Subject to easements, reservdtions and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of the West One-Half of Tract 68, Golden Gate Estates, Unit 20, as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.301 acres, more or less. N 0 50 1 O0 150 NOT VAUD ~MTHOUT l~lE ~GNAll. JRE AND 3HE ORIGINAl. RAISED SEAL OF A FLORID~ UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION iWI LKISON & TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (94.1) 643-2404 FAX NO. (941) 64-3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE [ SEC/SUB AS NOTEDJ Or.,E 20 D I, TE J SHE?.-T ~o/,~1 I ~ o~1 W.O. NO. DRAWN BY 0014.1 EAW Fff 'G OH.;=KED BY DJH FIL.E NAME 00-018-O0.DWG DWG. 1"0. , IR-L-162 j JUN 2 § 2~2 Pg. ?(~ ~ FEE SIMPLE INTEREST PARCEL # 163 EXHIB_rr~ 68 6~ 68.1 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. DescriPtion: The Northerly 79.43 feet of the East One-Half of Tract 68, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0..301 acres, more or less. N 0 .50 ~ O0 150 NOT VALID ~ITHOU~RE ~ONATURE ~D U~ ~R~Y~ AND SKETCH AND DESCRIP~ON W ILK I S 0%1 & TES NC. I~ ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 64.3-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. 1_85770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE: NAk% AS NOTED GGE 20 0014.1 EAW O0-018-O0.DWG DATE. SHEET F'~ PC CHECKED BY DWi,. NO. 10/01 1 OF 1 I DJH IR-L-163 I FEE SIMPLE INTEREST PARCEL # 164 IMMOKALEE ROAD S.---R. LEWIS R. KING MARGARET ,lEAN KiNG O.R. 1559, PG. 18,:3 Notes: 1. This is not a survey. 2. Bosis of beoring is plot. 5. Subject to eosements. reservotions ond restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 79.43 feet of Troct 69. Golden Gore Estotes, Unit 20, os Recorded in Plot Book 7, Poge 80, of the Public Records of Collier County. FIorido. Contoining 0.603 oores, more or less. N DAVID J. HY,~, 15.g,~"'(rOR mE nRM) F~. UC. N~4 ' - ' NOT V~ ~T ~E ~A~RE AND ~E ~ R~ ~ ~ A ~IDA U~N~ ~R~Y~ ~0 M~P~ SKETCH AND DESCRIP~ON WII_KISON &: ~l~l~lI, ASSOCIATES INC. ENGINEERS. SURVEYORS AND PL/~NNERS 3506 EXCHANGE AVE. NAPLES, F'LA. J4'~04 (941) 645--24-04 FAX NO. (941) 643-5175 FLORIDA BUSINESS UCENSE NO. LB5770 $CAU; t- SEC 'SUB t W.O. NO. AS--'~OTED! GGE 20 I 0014.1 DATE~ / SHEET I FB PG DRAWN BY EAW CHECKEC BY DJN FILE N.-~4E 0-01J-CO. DV/G D','i3. I':O. 't IP-L--qF;4- FEE SIMPLE INTEREST PARCEL #165 EXHIBIT_L _ . IMMOKALEE R~OAD --- ~ S.R. 846 KATHERINE CREV1ER ROBERT C. cREVIER O.R. 2124, PG. 182B Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 79.43 feet of Tract 84, Golden Gate Estates, Unit 20. os Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less. N 6AVID J. ~A~r, 15.~1[. (Fro THE RRM) n_~ uc. N~ NOT V~D ~ mE a~A~RE ~D SKETCH AND DESCRIP~ WILKISON a: ~I~ll ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AV~. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. IR5770 SCALE SEC/SUB W.O. NO. DRAW~ BY F3LE NAME AS NLTED GGE 20 0014.1 EAW O0-018-O0.DWG DATE SHEET i F'B PG CHECKED BY, DWG. NO. 1 OF 1 I DJH IR-L-165 10/01 ! FEE SIMPLE INTEREST PARCEL #166A N B6'50'45" E 330.61' IMMOKALEE ROAD S.R. 846 N 86'50'45" 330.61' EXHIBIT A 85 ALNUT FARMS, INC. D'~LAWARE coRPORATION A 3-4 O.R. 1618, pGS. 100 ALNUT FARMS, INC. A D~LAWARE coRPORATION O.R. 23.52, PG. 992 o o Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of Tract 100, and Tract 85, Golden C;ote Estates, Unit 20, as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 1.205 acres, more or less. N DAVID J. mY~l~'l'. P.~I. (FOR THE FIRM) ~ uc. N~ 5~3~ NOT VAMO ~THOIET 1HE SIGNATURE AND THE ORIGINAL RAtS;ED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ~1/~ ASSOCIATES INC. ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA, 34104 (941) 645-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB$770 AS NOTED t ' / ~O/Ol SEC/SUB W.O. NO. GGE 20 0014.1 SHEET FB PG 1 OF1 EAW I C CHECK£D ~IYI DW'G. NO. DJH t IR-L-166A N BJ E 3 FEE S~LE ~TE~ST P~CEL gl 66B IMIvlOKALEE ROAD -- S.R. B46 EXHIBIT A 330.61' 140 WALNUT FARMS, iNC. A DELAWARE cORPORATION O.R, 1550, PG. 1364 117 WALNUT FARMS, iNC. A DELAWARE coRPORATiON O.R. 1550, PG. 1564 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations and restrictions of record. Description: 4. All dimensions ore plat unless otherwise noted. The Northerly 362.98 feet of Tract 117, and the Northerly 89.06 feet together with the Southedy 10.00 feet of the Northerly 99.06 feet of the Easterly 150.57 feet, of Tract 140, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 5.4.59 acres, more or less. ~u~ uc. N~ 5~ NOT VAUO WlTt~I~T THE SIGNATURE AND THE O~IO~NAL RAISED SEAL OF A FLORIDA UC~NSED ~JR~YO~ AND MAPPER SKETCH AND DESCRIPTION WILKISO, N & ~'~111~ AS SO C IAT E S INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GG£ 20 0C;4.! EAW O0-018-O00.DWG DAT~ SHEET F'E PG CHECKED BY DW"G. NO. 10/01 I 1 OF I DJH IR-L-lS6B I FEE SIMPLE INTEREST PARCEL #I 67A ~MklOKALEE ROA__._D S.R. 8,46 E 330.61' N lOl DANIEL J. ANDERSEN ALICE K. ANDERSEN O.R. 953, PG. 1062 o ~3 Description: The Northerly 362.98 feet of Tract 101, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. EXHIBIT 0 5O lO0 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. ~E ~N~ R~ ~ ~ A ~IDA U~H~ ~R~ ~ SKETCH AND DESCRIP~ON Wl LKISOCq &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCH~NOE Av~. NAPLES, FLA. 34"t04 (941) 643-2404 FAX NO, (941) 643-5175 FLORIDA BUSINESS UCENSE NO. LB5770 SCI-.'.E J SEC/SUB AS NOTED1 GGE 20 DATE_ J SHEET t0/01 J 1 OF 1 W.O. NO. J DRAWN BY 0014..1 I EAW F8 PG CHECKED BY DJH ~LENAME O0-018-O00.DWG DWi. NC IR-L-167A ...~, JUN 2,5 20 2 FEE SIMPLE INTEREST PARCEL # 167B EXHIBIT ______j.~K A.L_~E R D_.Q~~ .R. B46 141 MARY E. IANNET'i'A O.R. 2226, PG. 0396 N 89'40'50' W 350.00' DESCRIPTION: The NortheHy 99.06 feet, together with the Southerly 10.00 feet, of the Northerly 109.06 feet, of the Eoeterly 1:),3.14 feet of Tract 141 of Golden Cote Estetes Unit 20 os recorded in Plot Book 7 et Doge 79 of the Public Records of Coliier County, Florida. Co-raining 0.828 acres more or le~s. AS NOTED D,~' lO/Ol .b MAT 0 50 100 2oo O.R Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions are plot unless otherwise noted. r~. u~ ~ sa~Cr . #OT VALID ItiI1HOUT 11~ ~ R~lSli~ ~F. AL 0¢ A FLORIDA SKETCH AND DESCRIPllON .~~ WILKISOJq & ~ASSOCIATES I I INC. ~m ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FI.A. 34104 (941) 643--2404 FAX NO. (941) FLORIDA BUSINESS UCENSE NO. LB577L' SEC/SUB W.O. NO. GGE 20 0014.1 SHEET Fl) PG 1 OF1 DRAWN BY FILE NAME EAW O0-O18-O00.DWG CHECKED BY DJH DV=. NO. I iR-L-157B_~ JUN 2 FEE SIMPLE INTEREST PARCEL//838 NOT TO SCALE: DESCRIPTION: 0 100 200 300 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. The Southerly 370.45 feet, of the NortheHy 548.48 feet, of the Eosterty 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 4.766 ocres more or less. ~. UC~NO. ~ NOT V~D M~T ~E ~A~RE ~D ~E ~ION~ R~ ~ ~ A ~IDA U~ ~R~ ~D M~ SKETCH AND DESCRIP~ON WILKISON & ~JllJ~ ASSOCfATE$ INC. ENGINEERS, SURVEYORS AND PLANNERS 35o6 E~CHANO~: AVE:. ~N:,t.~s, FLA. ~4~o4 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. I. B5770 SCALE I SEC/SUB tAS NOTED J29/48/27 -- DATE J SHEET W.O. NO. 0014.1 FIB PG DRA~ BY J EAW J CHECKED BY J DJH J FILE NAME 00-018-O0. DWG DWG. NO. IR-L-838 FEE SIMPLE INTEREST PARCEL #168A IMMOKALEE ROAD S.R. 846 N E 330.61' EXHIBIT P~g~ ,~,~ Of ~---~_~ 0 50 100 150 116 ARMANDO MORENO ARMANDO MORE. NO, JR. MANUE'L MoRENO O.R. 932, PG. 4.66 .-,- CD 0 0 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All din~ensions are plat unless otherwise noted. Description: The Northerly 562.98 feet of Tract 116, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. SCALE AS NOTED DATE lO/Ol DAVID J. H~ATi', P~,M. (FOR mE RRM) ~ UC. NO. 5834 NOT VAMD ~E ~I~NAL RNS~ SEAL ~ A ~IDA U~ ~R~Y~ ~D SKETCH AND DESCRIP~ON '~,,~,,,~ll~i WiLKISON & '~ ASSOCIATES ~ ~' IN(:;. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 E~X:CHANGE AVE:. NAPLES, FI_A. 34104 (941) 643--2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FI~ ~ NAME GG£ 20 0014.1 EAW SHEET 1 OF1 FB PG CHECKED BY DJH 00-018-O00.DWG J DWG. NO. .! IR-L-168A j EXECUTIVE SUMMARY REQUEST THE BOARD ENTER INTO A FIFTY-YEAR LEASE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FLORIDA FOR THE USE OF THE BOULEVARD FOR THE PURPOSE OF TRANSFERRING ALL MAINTENANCE FACILITY ON DAVIS COLLIER COUNTY ROAD AND BRIDGE, LANDSCAPE AND ROADWAY DRAINAGE MAINTENANCE OPERATIONS FROM THE COUNTY BARN FACILITY AND TO REQUEST THE BOARD ENTER INTO AN INTERLOCAL AGREEMENT FOR ASSET MANAGEMENT WITH THE FDOT FOR MAINTENANCE AN ANNUAL OF ALL FDOT ROADWAY SEGMENTS WITHIN COLLIER COUNTY FOR REIMBURSEMENT OF APPROXIMATELY $1,396,000 FOR SERVICES RENDERED. SUBJECT TO FINAL REVIEW AND APPROVAL BY THE COUHTY ATTORNEY'S OFFICE OF A CONSUMER PRICE iNDEX CLAUSE FOR STATE CONTRIBUTIONS, ENVII:K)NMENTAL AUDIT AND CLEAN UP RESPONSIBILITY AND USE OF INMATE LABOR. ~: To provide the Board with a status report on negotiations with FDOT and to request the approval of a Lease Agreement (Attachment No. 1), a Resolution approving the Lease Agreement (Attachment No. 2), and an Interlocal Agreement for Asset Management (Attachment No. 3) that will benefit Collier County with respect to maintenance of the County and State roadway system. CONSIDERATIONS: In the Fall of 2001, the F'DOT approached the Transportation Services Division with a request to consider having the County assume maintenance responsibilities for State roadway segments within the County's boundaries and in return receive adequate compensation. As a consequence of these initial discussions, County and FDOT staff concluded that any such assumption of responsibility would be enhanced by the ability to use the current FDOT maintenance facility on Davis Boulevard for both State roadway maintenance and County roadway maintenance. A Cross-Divisional Task Team was assembled to investigate the feasibility of implementing this idea. The Collier County Task Team consists of representatives from the following departments: Transportation Operations; Facilities Management, Fleet Management; Information Technology; Real Property Management; Purchasing; Human Resources; and, the County Attorney's Office. A similar team was developed by FDOT to review their interests. In addition, a representative from FDOT attended many of the Collier County Task Team meetings to serve as a point of contact between the two organizations. Over the past seven months, there have been bi-weekly meetings of the Task Team. These meetings have focused on a variety of issues requiting resolution before coming before the Board of County Commissioners. Among the chief issues addressed by the Task Team were the following: · Structure of Lease Agreement with the State of Florida · Structure of Interlocal Agreement for Asset Management with the FDOT · Disposition of FDOT equipment and personnel · Disposition of County Barn Road Facility after vacation by Road and Bridge · Status and disposition of Interlocal Agreement for Asset Managements currently in place with FDOT · Implementation of communications (computer, 800 MZ radio and telephone) between the Davis Boulevard Facility and the Government Centgl' ' JUN Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 2 of 6 Each of these issues was assigned to a member or members of the Task Team for resolution. The Team is pleased to report that all issues have been resolved and today we are presenting copies of both the proposed Lease Agreement and the Interlocal Agreement for Asset Management for approval by the Board. It is staff's opinion that these agreements reflect a "win-win" for the County and for the State. Here follows a brief discussion of each of these major issues: Lease A~?reement: The Lease Agreement provides for a fifty-year term and will be a direct lease with the State of Florida. There is no absolute requirement that Collier county sub-lease through the FDOT, and both FDOT and the State of Florida Division of Lands have verbally agreed to a simultaneous transfer of the lease to the County. Information provided by the Real Property Management members of the team indicates that the market value of the Davis Boulevard Facility is about $800,000. The State is leasing the property for an administrative fee of $300 per year. The market lease rate for this property would be about $80,000 per year. The proposed lease agreement would save the County almost $4,000,000 over the term of the lease because a market rate lease will not be necessary. The lease has a renewal provision for a term equal to the original term (fifty years). In addition, there is a provision that would permit the County to purchase the property. There is also a termination provision that permits the County to terminate the use of the premises upon a six-month notice to the State. Interlocal Aureement for Asset Management: The Interlocal Agreement for Asset Management provides for Collier County to perform routine maintenance for all roadway segments currently under the FDOT's jurisdiction in Collier County (about 145 centerline miles) in exchange for a reimbursement of expense estimated to be about $1,396,000 annually for the initial term of the Agreement (ten years) with an escalator clause of 20% at renewal. Staff has estimated the costs of performing the required services to meet or exceed the FDOT's requirements. The proposed reimbursement is sufficient to meet those costs. The only roadway segment not included in the proposed Interlocal Agreement for Asset Management is 1-75. Disposition of FDOT Equipment and Personnel: One of the conditions placed upon the implementation of these agreements by FDOT was that all current personnel working out of the Davis Boulevard Facility had to be offered a comparable position with Collier County. When negotiations commenced, there were twenty-two individuals that were assigned to the facility. As of today, there are eleven people remaining, all of whom have expressed a desire to transfer employment to Collier County. All of these individuals would continue to perform the same or similar tasks as before the switch. The Road and Bridge Section is being modified slightly to accommodate the FDOT reporting requirements with respect to QA/QC for their work. These individuals, who are already familiar with the FDOT's systems and requirements, will continue to perform the necessary services. The upside for Collier County is that the transfer of responsibility will be seamless and over time these individuals will be available to augment County forces, and vice-versa. Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 3 of 6 The fixed assets (buildings and land) will become the new headquarters for the Road and Bridge Section. They have outgrown the County Barn location. In addition, there are several pieces of equipment that will become part of the County fleet. These assets will be transferred from the State of Florida to Collier-County via transfer of title and for a purchase price based on a professional appraisal of the equipment. In addition to the rolling stock, there are several items, such as tool racks, wash rack equipment, office furniture, etc., that will be turned over to Collier County for our use in the facility at no charge to the County. The major new cost item will be for installation of a key operated fuel dispensing system, estimated to be about $1,000 Disposition of Count~ Barn Road Facili~: When the Road and Bridge Section and the Landscape Operations Section vacate the County Barn Facility there will be additional space for the Fleet Management Department to expand. This expansion is necessary to permit Fleet to maintain the County's expanding fleet, including the new Collier Area Transit (CAT) bus fleet, as well as to provide much-needed room for off-line equipment storage. The Transportation Services Division represents about 25% of the Fleet Management Department's customer base. Fleet Management will add one position to its staff roster to service vehicles at the Davis Boulevard site. This position is one of the eleven already mentioned above. The Davis Boulevard Facility has, as one of its assets, a two-bay repair facility sized to accommodate the largest piece of equipment that is owed by either Collier County or FDOT. The added convenience of having two on-site mechanics will add to the utility of the usefulness of this site. The existing County Barn Road buildings used by both Fleet and Road and Bridge are quite old and will require some general maintenance and minor improvements to fully permit the Fleet Management Department to implement their expansion plan. The plan calls for two expanded Fleet Management maintenance bays in the vacated space, storage space for Parks & Recreation, and office and storage space for the Collier Area Transit (CAT) system. The Facilities Management Department, in collaboration with the Fleet Management Department, has provided an estimate of the costs for the necessary changes and improvements to the County Barn Road and Davis Boulevard facilities. An architectural and structural review by Disney and Associates, Inc, Architects, commissioner by the Facilities Management Department indicates that complete renovation of the existing County Barn facility for long-term use is not economically feasible. Status of Current FDOT lnterlocal Agreement for Asset Managements: There are currently nine Maintenance Contracts in place between FDOT and private contractors. These contracts cover a variety of tasks, including but not limited to, mowing, installation of curbing and guardrail, etc. The expiration dates for these contracts ranges from July 2002 through January 2004. During negotiations with FIX)T, staff and FDOT agreed that the contracts would remain in place until their expiration dates with the exception of two of the contracts. These two contracts are for mowing and sweeping services provided by Collier County. Since Collier County will be taking over all routine maintenance and since FDOT will be reimbursing Collier County for all expenses (labor, equipment, material and overhead), termination of these two contracts makes sense. In addition to the direct contracts between FDOT and their suppliers that will remain in place until termination, the Department of Corrections will continue the Agreement for the use of prisoners for work on State roads. The value of this agreement is about $345,000 annually. Executive Summary Request Board Authorization for Lease Agreement and lnteriocal Agreement for Asset Management June 5, 2002 Page 4 of 6 Implementa.tion of Communications: One of the major considerations in relocating from County Barn Road to Davis Boulevard is a seamless transfer of communications: computer and data; 800 biz radio; and, telephone. The IT Depamnent has inventoried the Davis Boulevard site and has dete~ed that the hardware and software necessary to assure data communications, including a redundant backup line, as well as relocation of the radio and telephone equipment will cost about $83,000. The existing data hub and server will remain at County Barn Road to serve Fleet Management. FI~(~AL IMPACT: The Lease Agreement will cost $300 per year. This represents a saving to the county of almost $80,000 annually on a market rate lease. In addition, if the property were to be purchased at market value, the annual debt service for the purchase (assuming 20% down and a 7 % interest rate for a term of 15 years) would be about $1,000,000. The sum of $349,000 will be required to offset the initial first quarter payment from FDOT. The funding for the Iu quarter will be borrowed from the Transportation Gas Tax Fund and will be repaid to the Gas Tax Fund when the Is~ quarter reimbursement is received from FDOT. There will also be an impact to the current year's budget as a result of the movement of personnel and equipment to the new location; however, this is a one-time cost. The costs to refurbish existing County Barn Facility buildings, add equipment, and provide new facilities at the Davis Boulevard site for the Fleet Management Department are estimated to be about $385,000, itemized as follows: Item ~ Davis Security system upgrade Landscaping improvements Electric work for new maintenance bays New emergency generator Parking lot modifications Information Technology requirements New vehicle lifts Replacement forklift Computer/printer Telephone equipment and Radio base station Portable radio Tools, office equipment and furniture TRAK fuel sentry re-keying Key-card gate access system Contingency (5%) -- $23,000 - 48,000 21,000 -- 38,500 32,500 - 9_5,000 -- 84,000 38,000 -- 25,000 -- -- 3,000 -- 3,000 -- 2,000 -- 3,000 -- 1,000 -- 22,000 6,000 10,000 Totals $128,500 $256,500 Budget amendments will be needed to transfer funds from the Transportation Services Reserve Fund in the amount of $256,500, from the General Fund Reserve Fund in the amount of $128,500 and from the Transportation Supported Gas Tax Fund in the amount of $349,000 and appropriated in the appropriate operating budgets. The $349,000 will be returned to the Gas Tax Fund when the first quarter reimbursement is received from FDOT. i ~GF,~.~,,',_ i7:~ ~j JUN 25 2 32 Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 5 of 6 With approval of this transfer, staff will need to work with the budget office and include the $1,396,000 in the FY 03 Transportation R&B Maintenance Budget. These costs will be offset by savings of not having to provide separate short-term (3-5 years) facilities for Transportation Maintenance Department's Aquatic Plant Control Section and the Collier Area Transit (CAT) bus system. Construction requirements and costs for long-term use of the County Barn property by the Fleet Management Department and the Sheriff' s Fleet Maintenance Section are under study. GROWTH MANAGEMENT IMPACT: Approval of the Lease Agreement and the Interlocal Agreement for Asset management will contribute positively to Collier County's growth management. The Davis Boulevard property will accommodate the needs of the Transportation Maintenance Department for at least the next fifteen to twenty years. In addition, the current County Barn Road property, with the proposed new construction, will be able to accommodate the needs of the Fleet Management Department and the Sheriff's fleet for a similar time period. Without the use of the Davis Boulevard property it will be necessary to find expansion property within the next two or three years. RECOMMENDATION: That the Board accepts this stares report; authorizes the Chairman to execute the attached Resolution approving the Lease Agreement; authorizes the Chairman to execute the Lease Agreement with the State of Florida; authorizes the Chairman to execute the Interlocal Agreement for Asset Management with FDOT and terminate the existing mowing and sweeping agreements between the FDOT and Collier County; and, authorizes the necessary budget transfers. Waive the 90 day deferred hiring process for the 11 positions transferring from FDOT. SUBMITTED BY: Edward J. )c 'ons Director REVIEWED BY: :tor REVIEWED BY: Director REVIEWED BY: Faci :ment E REVIEWED BY: REVIEWED BY: ~ ~ Michael Dowling, Real REVIEWED BY: APPROVED BY: gy Director Assistant County Attorney E. Feder, AICP, Transportation Administrator DATE: 4" ~Z~" V 2-- DATE: k,~-'~/~ ~ DATE: DATE: ~'"/'~ ~..- Attachments: No. - Proposed Lease Agreement No. 2 - Resolution approving the proposed Lease Agreement No. 3 - Proposed Interlocal Agreement for Asset Management A~n~LTEM JUN. Executive Summary Request Board Authorization for Lease Agreement and Interlocal Agreement for Asset Management June 5, 2002 Page 6 of 6 No. 2 - Resolution approving the proposed Lease Agreement No. 3 - Proposed Intedocal Agreement for Asset Management 1 Pg.__ (::~= :-- OAL1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease N~m~er 4365 THIS LEASE AGREEMENT, made and entered into this __day of 20__, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR", and COLLIER COUNTY, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of Collier, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". 3. TERM: The term of this lease shall be for a period of fifty (50) years commencing on July 1, 2002, and ending on June 30, 2052, unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of a transportation maintenance facility for State and local roadways along with other related uses necessary for the accomplishment of this purpose. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. JUN 2002 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8. EASEMENTS: Ail easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any'easement not approved in writing by LESSOR shall be void and without legal effect. 9. SUBLEASES: This agreement is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 10. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 11. PLACE/~ENT AND REMOVAL OF IMPROVEMENTS: Ail buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, loca=ion and design. Further, no trees, other than non- native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 12. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased pr~-~ses. The liability insurance coverage shall be in amounts not less than Page 2 of 13 Lease No. 4365 R6/18/2001 AGENDA.JT~I~ NO_, JUN '/.$' 2002 Pg. $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as co-insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 13. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 14. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all ~age 3 of ~ ~ AOENDAJT~I~4` L.as..o. No. iq' JUN 2002 Pg. ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises. 15. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shell continue in full force and effect, and no waiver of LESSOR of any ~f the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 16. TIME: Time is expressly declared to be of the essence of this lease. 17. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 18. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 19. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all da--mges that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 20. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Page 4 of 13 AGEND~ Lease No. 4365 NO. JUN21 2 IO Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 21. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or. improvement of the leased premises for the benefit of LESSEE. 22. COMPLIANCE · WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 23. NOTICE: Ail notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR:Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, M. S. 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: Collier County Attn: Transportation Operations Director 33001 E. Tamiami Trail Naples, Florida 34112 25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach ~ithin sixty days of such notice. Page 5 of 13 Lease No. 4365 R6/18/2001 In the event LESSEE fails to remedy the breach to the I AGENDA IT F..,,~J.- J U N ;L$ 2002 Pg. _...~ satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferre~ upon LESSOR. 25. DAMAGE TO'THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the lease~ premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Envirorunental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as emended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off-site ground and surface waters and lands affected by LESSEE'S Page 6 of 13 Lease No. 4365 R6/18/2001 AGENhA ITl*U._. JUN' 2002 failure to comply, as may be necessary to bring the leased premises and affected off-site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or exloiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages leviedby governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or feder&l law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 26. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 27. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. AGENDA!IEM ..~ Page 7 of 13 N0. ~ ~ Lease No. 4365 JUN 2002 Notification shall include a legal description, this lease n,,m~er, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises, a representative of the Division of State Lands, Department of Environmental Protection shall perform an on-site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 18 and 34 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 28. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2) (h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. 29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 30. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the r,~inder Page 8 of 13 Lease No. 4365 R6/18/2001 ;L&' 2002 I shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 31. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 32. SOVEREIGNTY SUBMERGED LANDS: This Lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 33. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 34. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, maintaining all planned improvements, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 35. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 36. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 37. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be AGEN~AITIEM,,.-~, Pag. of .0. Lease No. 4365 J .... R6/18/2001 payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the n,,-~er of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 38. SPECIAL cONDITIONS: The following special conditions shall e~ly to this lease. 1. This lease shall go into effect immediately upon the Florida Department of Transportation's surrender of the pr~ees and voluntary termination of existing lease Number 3363 by the Florida Department of Transportation. 2. Two years prior to the termination date of this lease or at an earlier time as requested by the LESSEE, the leased premises may be offered to LESSEE for purchase pursuant to the terms and conditions of section 253.111, F.S. Page 10 of 13 Lease No. 4365 R6/18/2001 AGENDA ITEl IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Witness Print/Type Name Witness Print/Type Name By: (SEAL) GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER BUREAU OF PUBLIC LAND ADMINISTRATION, DMSION OF STATE LAND, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Gloria C.. Nelson, as Operations and Management Consult~nt Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 11 of 13 Lease No. 4365 R6/18/2001 AGENDA LT, F.~4 JU:: 22,32 Witness Print/Type Name Witness Print/Type Name COLLIER COUNTY THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: James N. Coletta, Chairman Print/Type Name Title: OFFICIAL SEAL ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Collier County "LESSEE" STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 20__, by and and , as respectively, on behalf of the Board of County Commissioners of Collier County, Florida. They are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to form and legal sufficiency: ~cqu~line ~u~bard R~binson ~sis~ant County Attorney Page 12 of 13 Lease No. 4365 R6/18/2001 EXHIBIT "A" LEGAL DESCRIPTION OF THE LEASED PREMISES The legal description is not on my hard drive and cannot be included in this e-mail. It will be part of the instrument forwarded to you in June for signature after the county commission resolution is received. Page 13 of 13 Lease No. 4365 R6/18/2001 RESOLUTION NO. 2002- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE APPROVAL OF THE COUNTY'S ENTRY INTO A FIFTY [50] YEAR LEASE WITH THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FOR THE STATE OF FLORIDA HIGWAY MAINTENANCE'FACILITY ON DAVIS BOULEVARD WHEREAS, Collier County staff has been involved in lengthy negotiations with both the State of Florida Department of Environmental Protection, Division of State Lands and the State of Florida Department of Transportation to lease the State of Florida Highway Maintenance Facility on Davis Boulevard, [hereinafter "Facility"], and to assume responsibility for the maintenance of certain roads in Collier County; and V~IEREAS, Collier County desires to enter into a Fifty [50] Year Lease for this Facility with the State of Florida Board of Trustees of the Internal Lmprovement Trust Fund; and WHEREAS, the State of Florida Department of Transportation has consented to terminate its lease of the Facility on the condition that the Facility is leased to Collier County; and WHEREAS, The Collier County Board of County Commissioners has reviewed the terms of the Fifty [50] Year Lease, attached hereto as Exhibit "A", and is famihar with its terms. NOW, TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Board of County Commissioners approves the County's entry into the FiRy [50] Year Lease attached hereto as Exhibit "A" for the aforementioned Facility with the State of Florida Board of Trustees of the Internal Improvement Trust Fund. - 2. - AGENDA r ,,~'"' ,,.-. JUN This Resolution adopted this __ day of second and majority vote favor/ag same. , 2002 after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk ' By: James N. Coletta, Chairman Approved as to form and legal sufficiency:.  tcque~ine Hubb~d Robinson' ssistant County Attorney Contract No.: Financial Project No.: 412918-1-72-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLOR/DA DEPARTMENT OF TRANSPORTATION, of the State of Florida, hereinafter referred to as the "DEPARTMENT", and Collier County, hereinafter referred to as the "COUNTY". WlTNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the COUNTY by Resolution No. dated the day of ,2002, a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE: A. The DEPARTMENT does hereby retain the COUNTY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. All services shall be performed by the COUNTY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation ~~ ' JUN 2002 Contract No.: Financial Project No.: 412918-1-72-01 time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One. -- 2-TERM: A. This Agreement has a term of ten (10) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the COUNTY shall commence subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. C. This contract may be renewed for a period of ten (10) years. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3-COMPENSATION AND PAYMENT: A. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation rate as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. Eo Bills for fees or other compensation for services or expenses shall be submitted in 2 Contract No.: Financial Project No.' 412918-1-72-01 detail sufficient for a proper pre-audit and post-audit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Fl_orida Statutes. G. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors perfoming work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the ....... ~TF JU 4 2?2 t Contract No.: Financial Project No.: 412918-1-72-01 Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Agreements for periods exceeding one year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performahce and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE: A. INDEMNITY. COUNTY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by COUNTY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither COUNTY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. B. LIABILITY INSURANCE. The COUNTY covenants to keep in force during the period of this Agreement public liability insurance and property damage insurance through the COUNTY's self-insurance. WORKER'S COMPENSATION. The COUNTY also covenants to keep in force JUN Contract No.: Financial Project No.: 412918-1-72-01 during the period of this Agreement worker's compensation insurance and property damage insurance through the COUNTY's self-insurance. 5-COMPLIANCE WITH LAws: A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 6-TERMINATION AND DEFAULT: A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work 5 No. Contract No.: Financial Project No.: called for by this Agreement. All work in progress will become DEPARTMENT and will be turned over promptly by the COUNTY. 412918-1-72-01 the property of the 7- HAZARDOUS WASTE CLAUSE The Lessor agrees to defend, indenmi _fy, and hold harmless the Lessee against any and all claims that the Lessee may be liable for, suffer, incur, or pay arising under any applicable laws and resulting from or arising out of any act, activity, or violation of any applicable laws by the Lessor, its agents, employees, or assigns. The Lessor will further defend, indemnify, and hold harmless the Lessee against any and all claims that the Lessee may be liable for, suffer, incur, or pay resulting from or arising out of any handling, storage, treatment, transportation, disposal, release, or threat of release of hazardous waste or hazardous substances from or on the Leased Premises. For purposes of this article, "claims" include all actions, common-law or statutory_ causes of action, remedies, demands, out-of-pocket costs, liabilities, charges, suits, judgments, expenses, damages, personal injuries, property damages, incidental or consequential damages, clean-up costs, civil penalties, attorneys' fees, litigation expenses, abatement costs, abatement and corrective injunctive relief, injunctive relief requiring removal or remedial action, costs of removal or remedial action, and damages to natural resources. 8-MISCELLANEOUS: A. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. C. It is understood and agreed by the parties hereto that if any part, term or provision 6 JUN 20. 2 Contract No.: Financial Project No.' 412918-1-72-01 of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. _ E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. Exhibit "A" (1 page) with Attachment "A" (19 pages) IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this ~ day of .... by the ,authorized to enter into and execute same by Resolution Number dated , and the DEPARTMENT has executed this Agreement through its District Secretary for District ~ne, Florida Department of Transportation, this __ day of , ~ COUNTY ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Dated: Dated: AGE'' ."",,.~ Contract No.: Financial Project No.' 412918-1-72-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY BY: DISTRICT SECRETARY DISTRICT ONE NAME: DOT District Maintenance Engineer Approval: DOT Legal Review: Availability of Funds Approval: Approved as to Form and Legal Sufficiency: Jyqu~jine Hubbaril Robmso~ ~x~sistant County Attorney Date H :\USERS\LG 15 0RL\WHC~ LEGALLMAINTAG R. 2 JUN ~ 2~C2 Contract No.' Financial Project No.: 412918-1-72-01 EXHIBIT "A" 1 - TERM The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for ten years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. 2 - COMPENSATION The Department agrees to pay the COUNTY for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of Dollars and ($ ) per quarter for a total of Dollars and ($ ) per year. 3- LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES PERFORMED. Please reference the attached Scope of Services, "Attachment A". TO BE 9 JUN ~ 2~22 SCOPE OF SERVICES HIGHWAY ASSET MANAGEMENT AGREEMENT (REV. 02/25/02) CONTRACT ADMINISTRATION Contract Number Financial Project Number 412918-1-72-01 PROJECT BACKGROUND AND CONSIDERATIONS In an effort to provide the traveling public of the State of Florida a cost effective, high quality, transportation infrastructure, the Florida Department of Transportation (hereinafter "Department") has adopted innovative management, operation, and maintenance programs. The Department has an innovative highway asset management program whereby the Department will contract with a private entity or another governmental agency for the management of all assets located within the right-of-way for an entire geo~aphical area or portion of roadway. For the purposes of this agreement, Collier County will be referred to as the "County." Once the agreement is executed, the Department will monitor the County's maintenance management program and conduct evaluations based upon performance specifications established in the agreement. The use of performance specifications, which effectively transfer day-to-day manager/al and administrative responsibility to the County, with oversight by the Department, has been chosen because methodology specifications would require the Department to perform extensive contract administration including work identification, work assignment, inspection, and documentation. OBJECTIVES The County will manage and perform all routine maintenance activities associated with Roadway, Drainage, Roadside, Wayside Parks, Vegetation and Aesthetics, Traffic Services, Highway Lighting and Incident Management. JUN 2 32 PROJECT DESCRIPTION AND LIMITS The corridors covered by this contract include all Florida Department of Transportation owned and maintained primary roadways within Collier County as shown below. State Road Numbers US Route Numbers Section Numbers 29 03080 45 41 03010 82 03050 84 03001 90 41 03010, 03040 [maintenance of ~ the pavement only] 951 ' 03030 The scope of this project includes management and performance of routine maintenance of all components of the transportation facility currently maintained by the Department within, or associated with, the state road fight-of-ways on the primary road system as indicated in the chart above, including: (a.) All interchanges, crossroads and ramps to the point at which the right-of-way terminates or as shown by the Department through supplemental description. (b.) All overpasses over the transportation facilities out to the right-of-way line. (c.) All waterway and intermittent waterway canals to the right-of-way line including compliance with any permit requirements. (d.) All stormwater management and mitigation areas associated with the highway corridor. (e.) All Wayside Parks and Recreational Areas, excluding Section 03040 of State Road 90. GENERAL REQUIREMENTS It is the intent of the Department for all work to be performed to current Standards and Specifications throughout the agreement duration, as may be updated throughout the life of the agreement. The County will manage all assets within the project limits and will perform work that produces end results in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), Design Standards, MUTCD, Standard Maintenance Special Provisions, Maintenance Activity Standards, Procedures, Handbooks, Guides, and Manuals in II effect at the time of the perforn-~nce of the specific work, and consistent with the Department's statewide maintenance practices. The Standard Specifications for Road and Bridge Construction, Workbook of Implemented Modifications to the Standard Specifications, and Mandatory Specification Revisions can be retrieved through the Internet at: http://wwwl 1.m.yflorida.eom/speeifieationsoftiee/ The Depaxhnent will consider changes in compensation on an annual basis if changes are made to the Statewide Maintenance Programs or any of these documents. This shall include additions or deletions of roads on the state highway system. The County wilt not receive any additional compensation for maintenance of projects currently scheduled in the Department's Woik Program at the time of the agreement's execution as set forth in Exhibit VII. The bid will be lump sum. The duration of the contract will be ten (10) years w/th a renewal option for one additional ten-year t~m~. If the renewal option is exercised, the Depmtment will, for inflation, add an additional twenty percent (20%) of the total original annual lump sum amount to the ten- year renewal period lump sum annual amount. The County w/Il invoice the Department quarterly. The County will include with the quarterly invoice a breakdown of all work completed by appropriate Maintenance Management System (MMS) activity numbers with the units completed. The County will provide a breakdown of charges by appropriate Financial Project Number on the quarterly invoice. Proper health and safety measures will be taken to insure safety for the traveling public, Department employees, County employees, and Subcontractor employees. The County and agents are required to pay all tolls. The County is expected to maintain the road system uniformly and consistently throughout the agreement period by meeting performance specifications. Continued poor performance of work or fa/lure to perform in accordance with the agreement will cause the County to be declared in default of the agreement. The Department will continue to pay all highway lighting electric bills currently being paid for by the Depamnent including those for navigational lights on bridges. The County will update the Maintenance Roadway Characteristics Inventory (RCI) when changes occur to any roadway charactehstic of the roads within the project limits. Updated coding sheets will be provided to the Department. The County will monitor and report to the Department, quarterly, all subcontractor utilization with DBE utilization broken out (Form Number 375-030-2E). The County will maintain records and documents of payments to DBE's for three (3) years following performance of the agreement. AC ~r'~.'~ .o._. 3 JUN The County will maintain a customer service log, which shall detail complaints or requests, and the disposition of the items contained in the log. The customer service log will be made available to the Depa~,uent for review upon request. The County will contact the customer within one (1) working day and have resolution of the customer service request within two (2) weeks. The County will develop and implement a Customer Service Resolution Plan. The County will comply with District lane closure restrictions/requirements. In some locations this may require the work to be performed at night. The County will be required to manage and coordinate existing Department contracts until expiration (See Attachment IV). Active contracts will continue until the funds or time expires on the contract, whichever comes first. The County will document any instances of poor performance by the Contractor of any existing Department contract. If the Depa~U~ent prematurely terminates the contract before the contract expiration given in attachment IV, the Department Wall compensate the County for assuming the unanticipated workload remaining on the terminated contract. All claims and disputes by the County will be resolved in accordance with the "Documentation and Analysis of Maintenance Contract Claims" Procedure (Topic Number 375-030-015). The County will comply with the following Department procedures. Copies of these procedures can be obtained through the Department. Topic Number Topic Number Topic Number Topic Number Topic Number Topic Number 850-065-002 Topic Number 850-000-015 Topic Number 850-000-005 850-055-025 850-055-003 850-050-004 850-005-001 850-050-003 Topic Number 850-000-001 Topic Number 225-085-001 Topic Number 625-010-021 Topic Number 375-020-002 Topic Number 375-030-015 Maintenance Rating Program Roadway and Roadside Maintenance Maintenance Responsibilities on Construction Projects Single and Multi-Post Sign Inspection Reporting Attenuator Inventory and Inspection Highway Safety Memorial Markers Reporting Incidents and Management of Damage Repair Guardrail Inspection and Maintenance Transportation Data Collection, Storage and Reporting General Liability Claims Median Opening and Access Management Decision Process Contract Maintenance Inspection and Reporting Documentation and Analysis of Maintenance Contract Claims The County will comply with the following manuals, guides and handbooks. 4 AGE~UDA~T_E~,. Maintenance Rating Program Handbook A Guide to Turf Management A Guide to Roadside Mowing Chemical Weed and Grass Control A Guide to Asphalt Pavement Repair Wildflowers in Florida - Florida Highway Landscape Guide Utility Accommodations Manual Routine Maintenance Cost Handbook Maintenance Roadway Characteristics Inventory Manual Plans Preparation Manual These publications are available through the: FDOT Manuals Flor/da Department of Transportation Maps and Publications Sales 605 Suwannee Street - MS 12 Tallahassee, FL 32399-0450 Phone (850) 4144050 Fax (850) 4144915 http://www, dot. state, fl. us/MapsAndPublication s/manuals/pub-li st. htm ROUTINE AND NON-ROUTINE MAINTENANCE The County will manage all assets within the project limits and perform routine and non-routine maintenance activities as necessary. These maintenance activities will be performed at a frequency that ensures uniform and consistent compliance with the Maintenance Rating Program (MRP) criteria, the required maintenance rating level and any other requirements of the Department. The routine maintenance activity numbers, umts of measure and descriptions can be found in the Routine Maintenance Cost Handbook. The installation and maintenance of logo signs are the responsibilities of others. The County will maintain all flashing signs and traffic signals that are not covered by a maintenance agreement with a city or county. Routine maintenance activities are listed in Attachment I. The County will manage the maintenance program including the performance of work needs determinations, location of resources, work assignments and management of resources. The County will develop an annual work program with associated budget to insure the desired maintenance is' ~erformed. JUN .tS INCIDENT RESPONSE The County will respond and deploy resources within 60 minutes of initial notification, 24 hours per day, 7 days per week. including holidays, to any incident occurring on the roadway corridors. The County will arrive on-site, prepared to take necessary action with necessary manpower and typical emergency response equipment, within a maximum time of 120 minutes from initial notification of the incident. The County will develop an "Incident Response Plan". Included in the "Incident Response Plan" should be details on public/agency notifications, incident management, how the safety of motorists will be insured, handling of hazardous waste, coordination with Law Enforcement and other appropriate agencies, traffic control, submission of "Incident" reports, the establishment and maintenance of detour routes when needed for closure of the primary roads, emergency repairs, removal of debris and evacuation response. The County will be responsible for all aspects of traffic control related to an incident, including, but not limited to, the entire detour route off the corridor(s) covered by this agreement onto other state roads or non-state roads. The County will notify the Department within 24 hours of all roadway closures exceeding 2 hours and re-openings, or major incidents upon occurrence, non-work days excluded. A summary of incident responses, by the County, will be submitted to the Department with the quarterly invoice. The County will have incident response procedures in place to ensure proper response within the roadway corridors. The County will comply with all Local, State, and Federal Laws and Depas~ment plans dealing with evacuation routes. The County will have incident response procedures in place to insure proper coordination of the handling of hazardous waste encountered on the roadway corridor. The County will comply xvith all Local, State, and Federal laws and regulations dealing with the handling and disposal of hazardous waste. When an event occurs causing damage to the facility, the Department authorizes the County to pursue claims against any responsible party for reimbursement of expenses incurred. Any advance preparation, repairs, replacement, etc., required as a result of natural disaster, catastrophic or emergency response event will be considered part of the agreement responsibilities and the County will not receive any additional compensation. The Department authorizes the County to pursue claims of any emergency reimbursement in response to the disaster. MAINTENANCE RATING PROGRAh~ The County will achieve and maintain an annual Maintenance Rating Program (MRP) rating of 80. The County will use the criteria established in the Depastment's MRP to evaluate and establish the level of maintenance attained to ensure a uniform consistent level of Maintenance at all times. The requirements and criteria for the MRP are found in the Roadway and Roadside Maintenance procedure (Topic Number 850-000-015), the MKP procedure (Topic Number 850-065-002) and the MRP Handbook. All elements ~,GF~r~ (roadway, roadside, traffic services, drainage and vegetation/aesthetics) shall have a rating of 75 or above and each characteristic shall meet the desired conditions a minimum of 70 percent of the time. The County will perform the MRP rating three times per year. The Department will produce and provide to the County locations to be rated each period. Upon receipt of the samples from the Department, the County will be responsible .for completing the survey of those samples and submitting all M]LP coding sheets to the Department 5 days before the last working day of the-scheduled period. The MRP rating will be performed using the criteria in the MRP Handbook. The County will certify the accuracy of each MRP rating to the Department. The Depmtment will calculate the MRP score for the County. The Department may perform MRP ratings as a quality control check of the County. The Department may also evaluate any specific component independent of the routine MR.P evaluations. If the MRP rating for any period is disputed, the Department may perform a separate MRP inspection. The locations rated by the Department, for quality control or MRP dispute resolution, may or may not coincide with the locations rated by the County. If there is a difference between the County's MRP rating and the Department's MRP rating, the County's MRP rating will be adjusted. To obtain the adjusted rating, the Department will add to its calculated MRP rating a margin of error of 2 points. The Court ~t?s rating will then be adjusted to this number. The MRP rating for the period shall be the adjusted number. PERMITS The County will be responsible for permitting activities within or associated with the Right of Way. The County will meet all the requirements in Florida Administrative Code Rules, in particular, the following. F.A.C. Rule 14-20 F.A.C. Rule 14-28 F.A.C. Rule 1440 F.A.C. Rule 1443 F.A.C. Rule 1446 F.A.C. Rule 14-63 F.A.C. Rule 14-65 F.A.C. Rule I4-86 F.A.C. Rule 14-96 F.A.C. Rule 14-97 Private Use of Right of Way Public Use of Rest Areas, Wayside Parks and Solicitation on State Highway Facilities Highway Beautification and Landscape Management Regulation of Signs, Canopies Over Streets and Sidewalks Railroads/Utilities Installation or Adjustments Building Moving Permits Temporary Closing and Special Use of State Roads Drainage Connections State Highway System Connection Perm/ts, Administrative Process State Highway System Access Management Classification System and Standards The County will handle coordination, processing, adrmnistration, and inspection of all pernuts on the roadways covered by this a~m'eement. The County will enter all pernut related data into the Permits Information Tracking System. The County. will collect all permit fees and mm them over to the Department's representative. All approvals and signatures required by the Florida Administrative Code Rules will remain with the Department. All pcmfits will be processed expeditiously, meeting the requirements of Florida Statutes and Florida Administrative Code:' "General Use "pernUts will be processed in accordance with District requirements. The County will process all permits to completion, which is either approval or denial; x~qthin 60 days of receipt of a complete permit application. The County. will not be penalized if a delay in processing a permit is caused by the Department. The permitting of Outdoor Advertising Billboards is the responsibility of others. The County will submit a "perrmt Processing Plan". Included in the plan shall be details on the perrmtting process, adherence to permitting requirements and processes to ensure customer satisfaction. STRUCTURE INSPECTION AxND MAINTENANCE The County will not be reqmred to inspect or maintain any bridge structures on the pr/maw' state h;ghway svstem. The a~eement does include the inspection and ~ain;enance of the highway lighting systems on the bridges with the exception of navigational lighting. The County will not be required to inspect or maintmn any bridge structures or over-lane structures, except sign panels. PERFORMANCE MEASURES 1. Maintenance Rating Program The County will conduct MRP ratings ever5, tour months. Beginning xvith the first four-month period, the Department will hold retainage equal to one percent (1%) of the cumulative amount of four months payments for each point below' an overall maintenance rating of 80. The Department will hold additional retainage equal to one half of one percent (.5%) of the cumulative amount of four months payments for each point below 75 on any element rating. The Department Wql hold additional retainage equal to one quarter of one percent (.25%) of the cumulative amount of four months payments for each percentage point below 70 on any characteristic rating. The Department will hold the retainage until the County conducts the final four months Maintenance Rating and the annual maintenance rating is calculated. The percentages given (1% each point of ~MRP rating below 80, .5% each point of elements below 75 and .25% each percentage point of characteristics below 70, on the annual rating') wilt be applied to the entire annual agreement, a, mount. If 8 the calculated amount is less than the retainage, the balance of the retainage will be paid to the Count)'. If the total reduction assessed exceeds the retainage amount, the balance will be deducted from the County's payment. Adjusted MRP ratings will be calculated as defined in section titled Maintenance Rating Program above. 2. Permits Each month the Department will check permits entered into the Perm/ts Information Tracking System. There will be 0.033% (.00033) of the quarterly lump sum deducted per day, per permit, for each day over 60 days used to process any permit to resolution. This reduction is not cumulative but will be calculated only for the number of days exceeding the 60 days processing time within the quarter being paid. The 60 days will begin when the County receives a complete perrmt application. Resolution of the permit is considered complete when the permit is officially submitted to the Department W~th documentation and recommendation sufficient for approval or denial. The total of the permit reducnon will be deducted from the County's quarterly lump sum payment. 3. Highway Lighting The Department may perform highway lighting outage surveys. If the highway lighting (overhead. underdeck and sign) outage exceeds 10%, there will be a $5.000.00 reduction per month deducted from the County's quarterly lump sum payment. This para~aph does not include any highway areas that have existing highway lighting a~eemenrs with other entities within the project linmts of this a~eement 4. Attenuator Inspection If the CounD' does not perform attenuator inspections by the last day of the month they are due. there will be a reduction of $1,000.00 per day, per delinquent inspection, assessed and deducted from the quarterly lump sum payment. The completed Attenuator Inspection Reports and the Attenuator Inventory Update Form (#850° 055-04) are due by the fifteenth (15~) day of the month following the inspections. There will be a $1,000.00 per day, per delinquent Attenuator Inspection Report or Attcmuator Inventory Update Form, reduction assessed for reports or forms not received within the specified time period. The total amount w411 be deducted from the quarterly lump sum payment. o Guardrail and Sign Inspection If the County does not perform guardrail and sign inspections within 24 months, to the day, of the prior inspection, there will be a reduction of $1,000.00 per day assessed and deducted from the quarterly lump sum payment. The completed guardrail and sign inspection reports are due within fifteen (15) days after completion of the inspection. There will be a reduction of $1,000.00 per day assessed for reports not received within the specified tzme per/od. The total amount will be deducted from the quarterly lump sum payment. 6. Customer Service Resolution If the County does not attempt to contact the customer within one working day, $500.00 per day may be_assessed and deducted from the County's quarterly lump sum payment, for each day greater than one working day that it took the County to contact the customer unless the County can document that the customer was unavailable or could not be contacted. If the customer complaint is not jointly resolved to the Department's and County's satisfaction within two weeks, or longer upon reasonable request from the Count5.'. $1.000.00 per day, per customer complaint x~511 be assessed and deducted from the County's quarterly lump sum pa.vment for each day over txvo weeks that it took for the County to resolve the customer complaint. The contact person at the Department shall be , the [title of designated person]. The address and telephone number of the contact person for such complaints is [ 7. Incident Response If the County does not arrive on-site, prepared to take necessary, action within 120 minutes from initial notification of a incident, $ 1,000.00 per hour, per incident, xx411 be deducted from the County's quarterly lump sum payrnent for each hour past the allowed response time it took the County to be on site. 10 ATTACHMENTS II. m. IV. v. vi. Routine Maintenance Activities List of District Asset Management Coordinators Contents of CD Available Through The District Contracts Administration Office List of FDOT Contracts That Will Continue Into The Asset Management Contract Addendum Number 1 Equipment List 11 135 197 411 412 414 421 423 424 425 431 432 433 435 436 437 451 456 457 459 461 464 465 471 482 484 485 487 489 490 492 493 ATTACHMENT I ROUTINE MAINTENANCE ACTIVITIES Environmental Work Engineering Duties Asphalt Re-pair (Manual) Asphalt Repair (Mechanical) Base Repair Pressure Grouting Concrete Pavement Joint Repair Concrete Slope Pavement Joint Repair Concrete Pavement Surface Repair Motor Grader Operation Repainng Non-Paved Shoulders, Front Slopes and Roadside Ditches (Manual) Sodding Seeding, Fertiliz/ng and Mulching Rework/ng Non-Paved Shoulders, Front Slopes and Roadside Ditches (Mechanical) Miscellaneous Slope and Ditch Repair Clean Drainage Structures Repair or Replace Storm Drains. Side Drams. Cross Drains Concrete Repair Concrete Sidewalk Repair Roadside Ditches - Clean and Reshape Outfall Ditches - Clean and Repair Mitigation Area Maintenance Large Machine Mowing Slope mowing Intermediate Machine Mowing Small Machine Mowing Weed Control (Manual) Wildflowers Fertilizing Tree Trimming and Removal Landscape Area Maintenance 12 494 497 498 519 52O 521 522 526 527 53O 531 532 534 537 540 541 542 543 545 780 787 941 942 991 993 994 995 996 Chemical Weed and Grass Control Chemical Weed and Grass Control Selective Weeding Storm Water Management Delineators Signs (Ground Signs 30 square Feet or Less) Signs (Ground Signs Over 30 Square Feet and Alt Overlane Signs) Sign Cleaning Guardrail Repair Fence Repair Routine Attenuator Inspection and Service Attenuator Repair Pavement Striping ( karge Machine) Pavement Symbols Raised Pavement Marker Replacement Graffiti Removal Roadside Eirter Removal Road Sweeping (Manual. including bridges) Road Sweeping (Mechanical, including bridges) Edging and Sweeping Driveway-Ut/liD' Permit Processing and Inspection Highway Lighting Maintenance Supervision, Inspection an&~or Engineering of Roadway Maintenance Contract Maintenance Supervision, Engineering and Inspection Emergency Maintenance Betterment Work Performed for other State Agencies Maintenance Support Services Miscellaneous Routine Maintenance 13 ATTACHMENT H LIST OF DISTRICT ASSET MANAGEMENT COORDINATORS DEPARTMENT CONTACTS ADDRESSES AND PHONE NUMBERS District/Area Project Coordinator: Other Contacts: Richard A. Marino District Maintenance Contracts Coordinator Florida Department of Transportation 801 North Broadway Mail Station 1-7 Bartow. Florida 33830 J. R. "Chuck" Lovell. P.E. District Maintenance Engineer Florida Department of Transportation 801 North Broadway Mail Station 1-7 Barrow. Florida 33830 (863) 519-2323 (863) 519-2315 Jennifer G. Perry District Maintenance Contracts Engineer Florida Department of Transportation 801 North Broadway Ivlail Station 1-7 Barrow. Florida 33830 (863) 519-2316 14 ATTACHMENT HI CONTENTS OF CD AVAILABLE THROUGH THE DISTRICT CONTRACTS ADMINISTRATION OFFICE AT: Florida Department of Transportation District 1 Contracts Administration Office P.O. Box 1249 Bartow, Florida 33831-1249 Attention: Ms. Cheryl Sanchious District Contracts Administrator Phone No.: (863) 519-2598 Contract Reports MRP Reports Summary Spreadsheet for MRP 80 Workloads RCI Converted Inventory General Information of Bridges In-House Crews Unit Cost Reports Department Procedures Standard Maintenance Special Provisions This data is being provided to assist the County in gathering information about the project. This information is not complete. It is the County's responsibility to review and confirm this data for validity'. The Count5.' must insure all quantities and workloads pertaining to this scope of work. The Department Procedures and Standard Maintenance Special Provisions contained on the CD are current at the time of execution of the ageement. It is the County's responsibility to momtor and implement any changes to these documents for the duration of the a~eement. 15 ATTACHMENT IV FDOT CONTRACTS THAT WILL CONTINUE INTO THE ASSET MANAGEMENT AGREEMENT District./Area Contract Number Description Contract End Date Contractor 1/COLLIER E-lB56 MOWINGi%ITTER 08/09/2002 1/COLLIER BC-817 MOA-MARCO ISLAND 09/30/2003 1/COLLIER E-lB09 STORMWATER POND 07/26/2002 MOWING 1/COLLIER TBA HERBICIDE EST 11/2002 GREAT BAY LANDSCAPE CITY OF MARCO ISLAND SOS TRACTOR SERVICES TBA 16 ATTACHMENT V ADDENDUM NUMBER 1 SURPLUS MOBILE EQUIPMENT The Department has declared the equipment listed in Attachment VI to be surplus and the transfer of the vehicles from the State to the County will be handled by the Department of Management Services (referred to as DMS from this point forward) through a contract between DMS and the County. SURPL~JS FURNITURE The Department has declared all furniture in the Florida Department of Transportation's Naples Maintenance Yard to be surplus and the transfer of ownership from the State to the County will be coordinated by the Property Management Section of the Financial Services Department. LOW-FREQUENCY RADIOS The Department will allow the radios to remain in the equipment and on the premises. The maintenance and replacement costs of the radios and associated equipment shall be the responsibility of the County. TELEPHONE EQUIPMENT The Department xvill leave all telephone equipment in place for connection by the County. FACILITIES The Department currently has a fifty (50) year term on the lease of the facilities at Naples Maintenance with the Department of Environmental Protection (referred to as DEP from this point forward). The Department plans to terminate its lease which will allow' the County and DEP to develop their own contract should they elect to do so. STATE PERSONNEL Upon the effective date of this Agreement, the Department employees assigned to the Florida Department of Transportation's Naples Maintenance Yard will no longer be employed by the State of Florida and will become employees of the County if they so choose under the following conditions: a) b) Employees with "Permanent" status in their current Department position will be hired in a "Permanent" status by the County, after satisfactory completion of ninety (90) day probationary period. Employees with "Permanent" status will be classified according to their qua 17 c) d) e) f) g) h) i) (Knowledge/Skills/Abilities) and the County's organizational needs in equivalent positions within the County's job classifications. Employees on "Probationary" status in their current Department position will be hired in and placed on probation for six (6) months from the date they are hired by the County. All employees will be~n earning sick and annual leave effective with the date they are employed by the County. They will be eligible to use this leave at this time consistent with County policy applicable to other County employees with leave balances. The County will establish Annual Leave and Sick Leave balances for each Department employee effective the date they are employed by the County for any hours they earned but were not paid for as verified by the Department. Skill levels and base rates of pay for employees with "Permanent" status will be confirmed by the County no later than 90 days from the date they are employed by the County. Skill levels and base rates of pay for employees with "Probationary." status will be determined by the County no later than the end of their six (6) month County probationary period. Base rates of pay, benefits and retirement options for the Department employees hired by the County shall be comparable to, or exceed, base rates of pay, benefits and retirement options from the Department upon the effective date of this Ageement. Department employees hired by the County shall not be terminated without just cause for a period of six (6) months. 18 ATTACHMENT VI EQUIPMENT LIST 19 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT WITH HOLE MONTES RFP 93-2121 FOR ENGINEERING SERVICES AND APPROVE WORK ORDER TO YOUNGQUIST BROTHERS RFP 01-3139 TO CONSTRUCT AN INJECTION WELL AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $3,257,780, PROJECT 73154 OBJECTIVE:' To provide additional back-up effluent disposal capacity commensurate with on-going expansion to the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: Hole Montes, Inc. is the County's engineering consultant on the SCWRF Expansion project. The one existing injection well provides back-up effluent disposal for the existing 9.25 million gallons per day (mgd) SCWRF. An expansion of the treatment capacity to 16 mgd is currently under construction. Staff recommends that a second injection well be constructed to provide backup effluent disposal for the 16 mgd facility currently under construction. The primary method of disposal of the treated reclaimed water is through reuse of the water for irrigation. During periods when the demand for reuse water is less than the rate at which the facility is producing reclaimed water there is a need for a backup method of disposal. This is especially important during extremely rainy periods when very large amounts of excess reclaimed water are produced and demands for irrigation water are minimal. Staff has negotiated the proposed scope and compensation as provided in Amendment 14 to the Professional Services Agreement (copy attached). This amendment includes permitting assistance, design, construction contract administration, detailed observation of construction, assistance in obtaining operational approval and operating permit following construction. Similar services were provided by Hole Montes under Amendment 2 for the original deep injection well constructed at this site in 1996. The scope is more fully detailed in the attached Amendment to the Professional Services Agreement scope of services. Consultant fees associated with proposed Amendment 14 total $482,000. A summary of total consultant fees to Hole Montes, Inc. previously approved and proposed are as follows: .Fees Original Agreement 247,000 Amendment 1 322,700 Amendment 2 582,000 Amendment 3 218,000 Amendment 4 2,016,000 Amendment 5 62,308 Amendment 6 41,388 Amendment 7 116,000 Amendment 8 82,000 Scope of Services Preliminary Report, Conditional Use Design Report, Disinfection Design Injection Well 1 Reuse Master Plan, Lakewood Design WWTF design, permits, bid and construct SRF Coordination and Administration Post-construction SRF Administration Re-Rate Permitted Capacity - , f· GEND~ IT I,I · Tank Assessment, Additional Support S rv~e.f_*/_./_,,_~_" ~_. I J U N 2 5 Executive Summary SCWRF Injection Well Page 2 Amendment 9 Amendment 10 Amendment 11 Amendment 12 Amendment 13 Amendment 14 (proposed) Total 99,500 995,000 640,000 368,000 1,786,000 482,000 $8,057,896 Royal Palm Irrigation PS, Weather Delays Expand to 12 mgd MMADF Expand to 16-mgd MMADF Flow Equalization Services during 16-mgd Expansion Injection Well 2 On April 10, 2001, agenda item 16(C)(3), the Board awarded a contract to Youngquist Brothers, Inc. for Deep Injection Well Construction for a term of two (2) years with two (2) one-year renewal periods at the County's option. Task Orders in the amount of $90,000 or more require Board approval. At that time, two project tasks were approved in the negotiated amount of $6,559,840 for construction of two injection wells and one monitoring well as part of the South County Regional Water Treatment Plant 8-mgd Reverse Osmosis Expansion project. Youngquist Brothers, Inc. has agreed to provide a second injection well at the SCWRF for the negotiated price of $2,775,780. The price was negotiated by consultants Hole Montes, Inc. in association with CDM/Missimer and reviewed by staff. Supporting documentation with cost breakdowns and schedules are provided in the attached Task Order and letter dated May 24, 2002. FISCAL IMPACT: This project is not currently funded. Total cost for the combined engineering and construction services is $3,257,780. The work will be authorized in phases commensurate with available funding in FY2002 and proposed funding in FY2003. Work in FY2002 will consist of pre-construction permitting in the amount of $73,000. Work in FY2003 will consist of construction, testing, contract administration, inspection, and post- construction permitting in the amount of $3,184,780. For FY 2002, a budget amendment is needed to transfer funds in the amount of $73,000 from Wastewater Capital Reserves to project 73154. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 11, 2001, agenda item 8(A). The Master Plan calls for completing the second injection well in FY 2004; however, staff recommends accelerating the project schedule by one year. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize Chairman to execute Amendment 14 to the Professional Services Agreement with Hole Montes Inc., approve and authorize the Utilities Engineering Director to execute Task Order 4 to Youngquist Brothers, Inc., and approve the necessary budget amendment. ' AG~ NDA ITl# IJUN 252002 Executive Summary SCWRF Injection Well Page 3 Karl W. Boyer, P E, Utilities Engineering Senior Project Manager Josep(] B. Cheatham, Wastewater Director REVIEWED BY:. I Roy B. Anderson, Utilities Engineering Director Date: Tom Wides, Interim Public Utilities Administrator Date: Attachments: SCWRF Expansion Amendment 14 to Hole Montes (5 originals for signature) Task Order 4 to Youngquist Brothers, Inc. TASK ORDER 4 "DEEP INJECTION WELL CONSTRUCTION SERVICES" Contract #01-3193 with Youngquist Brothers, Inc. Dated April 10, 2001 This Task Work Order is for General Contractor's Sen/ices, subject to the terms and conditions of the Contract referenced above, for work known as: Project: SCWRF Deep Injection Well 2 Construction The work is specified in the letter proposal dated May 24, 2002, which is attached hereto and made part of this Task Order. In accordance with terms and cone"ttions of the Agreement referenced above, Task Order 4 is assigned to Youngquist Brothers, Inc. Scope of Work: Construct one deep injection well at the South County Water Reclamation Facility. Youngquist Brothers, Inc. will coordinate construction activities with the County's Construction Manager-at-Risk Contractor who is on-site providing the on-going treatment plant expansion. Authorization to proceed will be issued after October 1, 2002. Schedule of Work: Complete within 240 Calendar days from notice to proceed. Compensation: In accordance with the Agreement, the County will compensate the Youngquist Brothers, Inc., the negotiated lump sum amount provided in the schedule below. Deep Injection Well 2 Total Fee = $2,775,780.00 Any changes made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: Kad W. Boyer, P.E., Utilities E rincipal Project Manager ACCEPTED BY: Ed McCullers, Youngquist Brothers, Inc. Vice President APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date Fund 413 Cost Center 263611 Object Code 763100 Project 73154 j.. F,. q HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS R U. E. O. 950Enc°reWay'P'O'B°x111629'Naples'Fl°dda34108'P'b°nelg4125420~:O'F¥09~LAf~9 P" ~: 52 May 28, 2002 Mr. Karl Boyer, P.E. Senior Project Manager CollierCounty PUED 3301 Tamiami Tr E, Bldg H Naples F1 34112 SCWRF Deep Injection Well No. 2 HM File No. 2001102 Dear Karl Attached is a letter from Kirk Martin, P.G. with CDM Missimer regarding the negotiations with Youngquist Brothers, Inc. This negotiated price is less than the Engineer's Estimate of $2,800,000 that we provided you prior to beginning negotiations. The negotiated price appears to be consistent with prices of the two deep injection wells that YBI is doing for Collier County at the South Water Treatment Plant, other similar wells in Florida, and also reasonable when compared to the cost of the original deep injection well at this site after factoring in increases in construction costs and material costs during the intervening six to seven years. We recommend that Collier County award a Task Order to Youngquist Brothers, Inc. under the continuing agreement between YBI and Collier County. Feel free to call if you have any questions. Very truly yours, HOLE MONTES, INC. Ronald E. Benson, Jr., PI~'.D., P.E. Senior Vice President REB:nsl W:~2001~2001102keb\020528 kb llx.doc Naples' Fort, k4'ers' Venice ·.: n~lev,"~c-~ ~ . JUN 2 5 2002 PC.,. ~ Preliminary Opinion of Construction Cost Second Injection Well - SCVVRF (Construction during FY2003) Item Number Description Well No. 2 Estimated Quantity Unit Price Total Price 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 Mobilize drilling equipment Construct drilling pad, surface casing & surficial MWs Drill nominal 12 1/4-inch pilot hole Drill nominal 24-inch hole Ream nominal 52-inch hole Ream nominal 42-inch hole Ream nominal 34-inch hole Geophysical logging - 52" hole Geophysical logging - 42" casing Geophysical logging - 12" pilot hole < 1400' Geophysical logging - 42" ream Geophysical logging - 34" casing Geophysical logging - 12" hole > 1400' Geophysical logging - 34" ream Geophysical logging - 24" casing Geophysical logging - 24" hole Geophysical logging - MIT Install 42-inch casing Install 34-inch casing Insatll 24-inch casing Install Bridge plug Plug back borehole <1400' Plug back borehole >1400' Obtain rock cores & perform analysis Conduct packer tests Perform pressure test Conduct injection test Development Collect & analyze water sample Standby time Demobilization 1 1 3450 620 380 1060 1460 1 1 1 1 1 1 1 1 1 1 380 1440 2900 1 1 1 5 5 1 1 1 1 1000 1 $600,000 $50,000 $120 $135 $165 $150 $140 $10,000 $6,000 $20,000 $4,000 $7,000 $12,000 $6,000 $6,000 $6,000 $20,000 $160 $160 $130 $12,000 $5 000 $8 000 $8 000 $13 000 $16 000 $15,000 $5 000 $10 000 $10 $200,000 Subtotal Miscellaneous TOTAL $600,000 $50,000 $414,000 $83,700 $62,7OO $159,000 $2O4,4O0 $10,000 $6,000 $20,000 $4,000 $7,000 $12,000 $6,000 $6,000 $6,000 $20,000 $60,800 $230,400 $377,000 $12,000 $5,000 $8,000 $40,000 $65,000 $16,000 $15,000 $5,000 $10,000 $10,000 $200,00O $2,725,000 $75,000 $2,800,000 AG[~I)A ITl# t JUN 2 5 2002 CDM consulting engineering construction operations Missimer 8140 College Parkway, Suite 202 Fort Myers, Florida 33919 Tek 941 432-9494 Fax: 941 432-9453 May 28, 2002 Mr. Ron Benson, P.E. Hole Montes & Associates 950 Encore Way Naples, FL 34110 Subject: SCWRF - Deep Injection Well IW-2 Dear Ron: As requested, negotiations were held with Youngquist Brothers, Inc. for construction of a second injection well at the SCWRF. The well is assumed to be constructed with similar dimensions as the existing IW-1. The negotiated price and conditions are fair and in line with projects completed recently and with industry standards. Total price is $2,775,780.00. If you would like to discuss anv of the details or issues negotiated or have any questions, please let me know. A copy of the Younquist proposal is attached. Very truly yours, W. Kirk Martin, P.G. Principal Scientist CDM Missimer WKM:lk Attachments GAMy Documents~2002 WorkU'ioleMonteslW-21tr Ooc AG[tCOA IT£N i JUN 2 5 2002 PG. May 24, 2002 Youngquist Brothers, Inc. 15465 Pine Ridge Road Fort MYers, Florida 33908 941-489-4444 Kirk Martin, CDM 8140 College Parkway Fort Myers, Florida 33908 Re: Collier County, South County Regionnl Wastewnter Treatment Facility - Deep Injection Well No. 2. Dear Kirk, Per your request we have provided this proposal for the above referenced project. The attached proposal is based on the following: 1.) 2.) 3.) 4.) 5.) 6.) Mutually agreeable notice to proct~! date. (7) Day, (24) Hour - work schedule through out the drilling operations. Site accessible with semi tracks. Water source for injection test within 500 feet. Reasonable accessibility to temporary utilities (electric, water & telephone). A minimum of (240) contract days to complete work. Thank you for the oppommity to submit our proposal. Please call us if you have any questions or need any additional information. Edward McCullers, Vice Presidem Attachment: ~0../~ a_ I JUN 2 5 2O02 PG. ~ DEEP INJECTION ~ SYSTEM ~ County - South County Regional Westewater Tmafment Fac~y BID SCHEDULE I UNr[ I TOTAL ITEM DESCRIPTION QUANTTTY UNIT PRICE PRICE 3 Ddll nominal 12 1/4.inch pilat hole (3~C)-1,40() It) 1,070 Fed $115 $1Z~,050.0( 4 DrE nomir~112 ll4-inch !:~1: hole (1,3(X)-3,2{X) fi) 1,9(X) Feet $115 $218,500.0( 5 c_.m~ent 11,Se0 CF $18 $215,280.0( 6 ~ tmmina124-inc~ bomhale (2.50()-3,100 fi) 600 Feet S110 $66,000.0( 7 Ream nominal 504rich hain ~ fl) 330 Feet $160 8 Ream nominal 42.-inch hole (330-1250 fi) 920 Feet I $140/ S128,800.00 9 i R~', ,om~ 344nch h~ (1.2r~0 -2,soo ~t) 1.2so F,~t 11 C__~.-.~ logging (0-330 feet) - cementing 42' 1 Lump Sum ~ $6,000.00 12 C-~ logging (330-1,400 feet) - 12' I~lOt hole I Lump Sum ~~ $20,000.00 14 Ge~ ioggalg (::~O-1,250 fee~) - 42' reamed hole t ~ ---- 16 ~ k,~ging (1.250-3.200 fe~t}- 12' p~ h~ 17 C~__~.-.~ logging (2,500-3,200 feet) - 24' hole 1 Lump Sum~_~.!' ~!~ $6,000.00 18 i C-~ logging (1,250-2,500 fee~) - 34' ~ hole ~g c_~ kxjging (OA. SO0 feet) - c~,enting 24' ~ Lum~ Sum~~ S8,000.00 20 ¢__~.-.e,~hysical logging (0,2,500 feet) - 24" casing I Lump Sum ~~ $6,000.00 21 Ge~ logging (03,200 feet)- MIT 1 Lump Sum ~-~~!i~ $20,000.00 22 Install 42-inch casing (0-330 fi) 330 Feet I $145 $47',850.0Q 24 l,.~,~.~ 24-inch ~ (0-2,500 fi) t ?.,500 Fee~ 25 Ir-,*~ ~ ~ 1 Lump Sum ~ ..... '~ $10,000.0(] 2S Ptug ~ ~ ~'~ (330-1,400 fi) ~ Lump Sum ~5,000.00 27 Plug ~ ~ hale (1,3(X~-3,200 fi) I Lump Sum $10,000.01:! 28 ~ rock car~ & i~f~n mdysm (1,300-2,500 It) ~0 each ~80,000.00 29 ~_ _,~_ paclaa' ~ (330-1,400 It) 4 each 3o Cond-~ ~ t,~S (1,3e0-2,500 fi) 4 m,=h 3~ Perform ~ t.,t on 244nth casing 1 I.ume Sum $15,000.0u JUN 2 5 2002 SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 14 to the Agreement dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into this day of , 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hole Montes, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT'currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary.; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. 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 and C to said AGREEMENT which are attached hereto and made a part hereof. AGENDA .o./~ c.. ! JUN 2 5 2002 PG. AMENDMENT NO. I4 page 1 of 2 Revised 5/9/2002 (2:26 PM) ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of 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 Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. By: By: Clerk JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Assistant Cou~ -Witness( HOLE MONTES, INC. By: ~~-'~ Ronald E. Benson, Jr., Ph.D., P.E. Senior Vice President (CORPORATE SEAL) NO. /~ ~ 1 JUN 2 5 2002 AMENDMENT NO. 14 page 2 of 2 Revised 5/9/2002 (2:26 PM) SUPPLEMENT NO. 14 TO SCHEDULE A SCOPE OF SERVICES HM FILE NO. 2000055 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of work that is necessary to provide services related to addition of a second deep injection well at the South County Water Reclamation Facility and additional permitting related activities associated with expansi?n of the facility to 16 MGD. The scope of services is described as follows: Phase VI DEEP INJECTION WELL A.8 Data Review and System Design Analysis Review existing information regarding the design, permitting, construction and testing of existing area injection wells and other deep wells and system demands and operational needs. Preliminary design of the injection well system will be proposed. CONSULTANT shall furnish O~q',IER with five (5) sets of the preliminary drawings and specifications plus the existing data compilation. Two meetings will be held between OWNER and the CONSULTANT to develop preliminary design plans. A.9 Design and Construction Permit Applications Agency Negotiation - Chapter 62-528 of the Florida Administrative Code (Underground Injection Control Regulations) requires a permit for the construction and testing of an injection well. The process by which the permit is issued involves technical review by an inter-agency task force known as the TAC (Technical Advisory Committee). The TAC provides advice to the FDEP (Florida Department of Environmental Protection) and will meet with the CONSULTANT on behalf of the OWNER during the permit processing period. For this program,, up to a total of three meetings is anticipated. Each meeting will require participation of the CONSULTANT and the OWNER. Preliminary injection well design, material specifications and the testing program will be developed by the CONSULTANT. This information will' then be used as part of the supporting documentation presented to the TAC. SCHEDULE A The first or pre-application meeting will be held within 4 weeks after official notice-to- con ............... I A~,£ nOA ~I T£1~ proceed. The first work item in the proposed program will be to ] No./d,, E [ ' / JUN 252002 page 1 of 5 Revised: 5/9/2002 2:24 PM Myers Regional Office and request that a pre-application TAC meeting be scheduled. No less than one week prior to that meeting an outline of the program will be furnished to the TAC and the OWNER. The CONSULTANT will present information on local hydrogeologic conditions determined from the Task I study. This information will serve as the basis for design of injection well IW-2 and provide the elements of the testing program. The CONSULTANT will also discuss elements of the area of review study (report on surface and subsurface conditions and an inventory of wells in the area). It is anticipated that the first TAC meeting will conclude with the submittal of a complete formal application for the injection well consmaction permit. The permit application fee will be provided to the FDEP at this time. In addition to the permit application, supporting data will be provided by CONSULTANT including preliminary injection and monitor well design and construction specifications, testing program specifications, hydrogeologic data and analyses, and results of the area of review study. The minutes of this and each subsequent TAC meeting will be. recorded by the CONSULTANT and will form part of the official project documents. Copies of each TAC meeting minutes will be furnished to each TAC member and the OWNER. TAC Meeting 2 will be held 30 to 45 days after the first. At this meeting, responses will be presented to comments and questions received from the TAC relative to the formal application and supporting documentation. CONSULTANT and the OWNER will attend a public meeting, which will be held by the FDEP prior to issuance of the permit. A more detailed description of the various tasks and documents to be included in the application process is provided below. Well Design and Program Formulation - The well construction and required testing program will be developed to suit hydrogeologic and environmental conditions at the treatment plant site. The testing program will include: 1) measures that will be taken during the drilling and testing of the well to insure environmental protection; 2) details of the data-collection program, such as, depths selected for core sampling and testing of the confining sequence; 3) procedures for geophysical logging; 4) procedures for testing the hydraulic capacity of the well and the injection zone, and; 5) testing the well's "mechanical" integrity after it has been completed. Public Education Meetings - During the program, CONSULTANT will meet with the OWNER and the public (as authorized by the OWNER) to present program details and respond to questions, if re~tuired. Up to two public meetings are included in this subtask. SCHEDULEA page 2 of 5 Area of Review - The issuance of the construction permit for an injection well is contingent on the applicant conducting and submitting an "area of review" study. The area of review study is one of the most important work elements in the proposed program. Chapter 62-528 of the Florida Administrative Code specifies that a minimum area of review equal to a radius of 1 mile from the well will be used in this investigation. A~[I~OA IT£Pl .o. E.. I JUN 2 5 2002 Revised: 5/~'&On* *'~,~ PM The extent of the study will be determined at the first TAC meeting. This task includes the area of review within a radius of 1 mile from IW-1. The area of review study consists of suitable text describing subsurface hydrogeologic conditions and is supported by a map or maps, showing the location of the proposed injection well and the applicable area of review. Within the area of review, the map must show the number (or name) and location of all producing wells, injection wells, abandoned wells, dry holes, bodies of surface water, springs, public water systems, mines (surface'and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The area of review study must include a tabulation of data on all wells within the area of review. Such data shall include a description of the well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the FDEP may require (this requirement is determined at the first TAC meeting). Maps and cross-sections will be provided indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, which may be affected by the proposed injection. Finally, maps and cross-sections detailing the hydrology and geologic structures of the local area and generalized maps and cross-sections illustrating regional geologic setting will be included. Additional requests by the TAC, such as specific well tests within the area of review, or expansion of the study area beyond 1-mile, are not included within the costs outlined for this task. Plans and Specifications - CONSULTANT will prepare technical specifications and contract drawings showing details of the injection well construction and wellhead details. The front-end documents, i.e., special and general conditions and non-technical contract details, will be furnished by the OWNER. The CONSULTANT will prepare necessary addenda required of the specifications. Contractor's Cost Negotiation - CONSULTANT will prepare an itemized list of individual work tasks and materials necessary to successfully complete the injection well system. Each item will have an estimated unit cost, total number of units required and the total estimated item cost. These numbers will provide the basis of negotiating the final injection system cost. The CONSULTANT and OWNER will negotiate with the pre-qualified CONTRACTOR in an attempt to reach a mutually agreeable cost schedule. This schedule will then be used to adjust the final costs based on actual units required to complete the injection well system. Should an agreement between the contractor and the OWNER not be reached, it will be required to open up the injection well construction to other qualified contractors. CONSULTANT will attend a pre-bid meeting with interested, pre-qualified drilling contractors. Prior to this meeting, the CONSULTANT will determine contractor qualifications, experience, and equipment capability in order to facilitate the selectfon process. Emphasis will be placed on qualifications and experience of the CONTRACTOR and the capability of his equipment to perform the required worK, ~ AGI;:NDA IT[M. I ~o. /~, ~.. ! JUN 2 5 200Z SCHEDULE A page 3 of 5 Revised: Bidding Process (if required) - The bid package will be sold by the CONSULTANT at nominal cost to interested, pre-qualified drilling contractors. The CONSULTANT will work closely with the OWNER in evaluating the bids and will make recommendations concerning the award of contract. This will complete Task II. A. IO Well Construction andTesting Task Iii will begin with the CONTRACTOR'S mobilization and drill pad preparation. During this time at least one pre-construction meeting will be held with members of the TAC, the drilling CONTRACTOR, and CONSULTANT in attendance. Actual construction of the injection well will begin at the end of site preparation and will continue up to 24 hours per day, 7 days per week until the well is completed. Specifications will require that all construction noise will be kept to a minimum. Construction of the wells, including site preparation, should take approximately 150 days to complete. CONSULTANT personnel will inspect on a 24 hours per day, 7 days per week basis, to ensure that each phase of well construction is completed according to contract specifications and in compliance with applicable regulations. CONSULTANT staff will collect geologic data, evaluate drill sample cuttings and conventional cores, prepare reports and logs required by the FDEP, and supervise and analyze tests called for in the program. Communication between the project staff, project officer and field personnel will be maintained constantly allowing data evaluation on a dally basis. Senior project staff will be responsible for analysis of geophysical logs and evaluation of test data. A senior staff member also will be present at the site during geophysical logging, all testing, and during the required mechanical integrity tests. Each month, CONSULTANT will review and approve the drilling CONTRACTOR'S pay requests and forward to OWNER. During the construction phase, there will be up to two TAC meetings where CONSULTANT will present recommendations for the final casing depth, the monitor zone intervals, and the program test results. The estimated manpower effort and costs required to complete this job task have been estimated based on a maximum time frame of 150 days. A.11 Test Data Analyses and Report SCHEDULE A page 4 of 5 The final report will be prepared by the project manager with the assistance of the project director and the staff members at the conclusion of construction and testing. The report will document the injection well's compliance with UIC regulations, and it will be prepared to fully support the application for an injection well long-term test/operational AC.~ NOA IT£M I~o~ ~- ~ !JUN 2 5 2002 IpG. /S' Revised: 5/9/2002 2:24 I'M approval. The report will include guidelines for the operation and monitoring of the injection well facility as well as a required plugging and abandonment plan. A.12 OperationaiApproval The final report will be submitted to the FDEP as supporting documentation for a request to start operational testing. During the process of obtaining operating approval, the TAC will review the final report. CONSULTANT will respond to questions by the TAC relating to the report in order to obtain the approval. CONSULTANT will be available to attend up to two additional meetings with the TAC. CONSULTANT will prepare an Operation & Maintenance Manual for the injection well for incorporation into the facility's O&M Manual. A.13 Operation Permit CONSULTANT will compile operational data for a period of up to 2 years, prepare graphic and tableture presentation of compiled data and prepare the application for an operating permit. Task includes attendance at one meeting with the FDEP. Permit fees are not included. SCHEDULE A page 5 of 5 JUN 2 5 200 Revised: 5/9/2002 2:24 PM SCHEDULE B - ATTACHMENT A Amendment No. 14 SCHEDULE OF FEES FOR BASIC SERVICES PHASE H-A WWTP Disinfection System A.2 Design Report A.3 Preliminary Design A.4 Final Design A.5 Bidding Services A.6 Contract Administration PHASE II-A Royal Palm Irrigation Pump System A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration PHASE II-A V+WqTP Design A.2 A.3 A.4 A.5 A.6 Design Report Preliminary. Design Final Design Bidding Services A.5.1 Reclaimed Water PS/Elec Bldg - Equipment A.5.2 Reclaimed Water PS/Elec Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed Water PS/Elec Bldg - Equipment A.6.2 Reclaimed Water PS/Elec Bldg - Construction A.6.3 Phase I Improvements SCHEDULE B - ATTACHMENT A page 1 of 2 Current Budget $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,600 $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,000 Amendment No. 14 $2,800 $10,300 $3,9O0 $1,600 $9,70O $500 $5,60O $1,600 By Owner By Owner $290,000 $750,00O $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,00O PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 Design Report $9,000 $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $29,000 $29,000 A.5 Bidding Services $6,000 $6,000 A.6 Contract Administration $44,000 $44,000 PHASE II-D EFFLUENT STORAGE EXPANSION A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined PHASE III EXPANSION TO 12 MGD A.3 A.4 A.6 Preliminary Design Final Design Contract Administration $600,000 $200,000 To Be Determined $600,000 $2OO,OOO To Be Determined PHASE IV EXPANSION TO 16 MGD A.3 A.4 A.6 Preliminary Design Final Design Contract Administration $300,000 $300,00O $1,250,000 $300,000 $300,000 $1,250,000 PHASE V FLOW EQUALIZATION A.3 Preliminary Design A.4 Final Design $120,000 $8O,OOO $120,000 $80,000 SCHEDULE B - ATTACHMENT A page 2 of 2 ACi,~ ~ A IT£I4 JUN 2 5 2002 k Revised 5/9/2002 (2:27 PM) SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Amendment No. 14 Principal Engineer VII ......... ........................................................................ $150.00 Principal Hydrogeologist ............................................................................ $150.00 Engineer VI .................................................................................................. $130.00 Engineer V ................................................................................................... $115.00 Senior Hydrogeologist ................................................................................. $115.00 Engineer IV .................................................................................................. $100.00 Engineer III .................................................................................................. $ 90.00 Engineer II ................................................................................................... $ Hydrogeologist ............................................................................................. $ Engineer ! .................................................................. : .................................. $ Environmental Operations Specialist ........................................................... $ Permitting Coordinator ................................................................................ $ Senior Designer ............................................................................................ $ 80.00 Designer ....................................................................................................... $ 70.00 Senior Computer Technician ....................................................................... $ 60.00 Computer Technician ................................................................................... $ 50.00 Senior Contract Administrator ..................................................................... $ 85.00 Contract Administrator ................................................................................ $ 75.00 Senior Construction Field Representative ................................................... $ 70.00 Construction Field Representative ............................................................... $ 60.00 Senior Planner .............................................................................................. $ ! 15.00 Planner ......................................................................................................... $ 70.00 Principal Surveyor ....................................................................................... $120.00 Senior Surveyor ............................................................................................ $100.00 Surveyor ....................................................................................................... $ 80.00 2 Man Survey Crew ..................................................................................... $ 95.00 3 Man Survey Crew ..................................................................................... $125.00 GPS Operator ............................................................................................... $ 70.00 Technician IV ............................................................................................... $ 50.00 Technician III ............................................................................................... $ 45.00 Technician II ................................................................................................ $ 40.00 .Technician I .................................. ............................................................. $ 35.00 80.00 per 75.00 per 65.00 per 75.00 per 60.00 per per hour per hour per hour per hour per hour per hour per hour hour hour hour hour hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. 1/2001 SCHEDULE B - ATTACHME~ C Amendment No. 14 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase I A. 1 Preliminary Services A.I.1 A.1.2 A.1.3 A.1.4 A. 1.5 A.1.6 Preliminary Engineering Report Review of Odor Control Review of Effi. Disinfection Capacity Analysis Report Conditional Use Applic. Odor Control Committee Current Amendment Budget No. 14 $172,000 $172,000 Incl. Above Incl. Above Incl. Above Incl. Above $25,000 $25,000 $33,000 $33,000 $35,000 $35,000 Phase II-A WWTP Disinfection System A.7 Detailed Observation $3,700 $3,700 Phase II-A Royal Palm Irrigation Pump Station A.7 A.8 A.9 A.10 A.11 A.12 A.13 Detailed Observation Investigation/Evaluation Design/Permitting - Pump Station Design/Permitting - Building Bidding Services Cont. AdminfDetailed Observation - Pump Station Cont. Admin/Detailed Observation - Building By Owner By O~mer $6,500 $6,500 $22,000 $22,000 $25,000 $25,000 $4,000 $4,000 $18,000 $18,000 $16,000 $16,000 Phase II-A WWTP Design A.7 Detailed Observation A.7.1 Reclaimed Water PS/Elec. Bldg. - Construction A.7.2 Phase I Improvements Phase II-B Deep Injection Well' $90,000 $90,000 $265,000 $265,000 A.8 Data Review and System A.9 Design and Construction Permit Applications A.ga Add 2nd Deep Well Design & permitting A. 10 Well Construction Observation and Testing A.11 Report A. 12 Operating Permit Application SCHEDULE B - ATTACHMENT C page 1 of 3 $43,000 $43,000 $90,000 $90,000 $25,000 $25,000 $370,000 $370,000 $36,000 $36~000 $18,000 $18,000 AG£NOA ~o. ,/~, ~ JUN 2 5 Revised 5/9/2002 (2:29 PM) 2002 Phase II-C Reclaimed Water System Upgrades to Serve Lakewood A. 13 Detailed Observation $10,900 $10,900 A. 14 Surveying/Easements $23,100 $23,100 A. 15 Permitting $6,000 $6,000 A. 16 Startup Assistance $5,000 $5,000 Phase II-D Effluent Storage Expansion A.17 A. 18 A.19 A.20 Detailed Observation Surveying/Easements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined Phase II Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection FDEP Operation Permit FDEP SRF Management Structural Analysis of Reuse Tank $30,000 $40.000 $100.000 $10.000 $2000 $10 000 $40 ~00 $50 000 $55 000 $18,000 $10,000 $103,696 $60,000 Phase III Expansion to 12 MGD A.7 Detailed Observation To Be Determined Phase IH Additional Services Citizen Advisory Committee Surveying Permitting/Approvals Reimbursable Expenses Geotechnical Site Investigation Support Services Coordination with C/M $140,000 $15,000 $25,000 $15,000 $20,000 $45,000 $60,000 To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $40,000 $100,000 $10,000 $2,000 $10,000 $40,000 $50,000 $55,000 $18,000 $10,000 $103,696 $60,000 To Be Determined $140,000 $15,000 $25,0O0 $15,000 $20,0O0 $45,000 $60,000 SCHEDULE B - ATTACHMENT C page 2 of 3 Revised 5./9/2002 (2:29 PM) Phase IV Expansion to 16 MGD A.7 Detailed Observation Phase IV Additional Services Surveying Permitting/Approvals Geotechnical Site Investigation O&M Manual Startup and Training Phase V Flow Equalization A.6 Contract Administration A.7 Detailed Observation Phase V Additional Services Surveying Permitting/Approvals Geotechnical Site Investigation O&M Manual Startup and Training Operational Support Reimbursable Costs Other Assistance Phase VI Deep Injection Well A.8 A.9 A. 10 A. 11 A.12 A.13 Data Review/System Analysis Design and Construction Permit Well Construction/Testing Data Analysis/Report Operational Approval Operation Permit $185,000 $10,000 $45,000 $I0,000 $100,000 $95,000 $60,000 $40,000 $3,000 $10,000 $5,000 $8,500 $5,000 $7,5OO $10,000 $25,000 $0 $o $o $o $o $o $185,000 $10,000 $45,000 $10,000 $100,000 $95,000 $60,000 $40,000 $3,000 $10,000 $5,000 $8,500 $5,000 $7,500 $10,000 $25,000 $19,000 $54,000 $359,000 $27,000 $13,000 $10,000 NOA I1£# JUN 2 5 2002 SCHEDULE B - ATTACHMENfl' C page 3 of 3 Revised 5/9/2002 (2:29 PM) SCHEDULE C Amendment No. 14 PROJECT SCHEDULE PHASE I Preliminary Engineering Report Conditional Use Application Capacity Analysis Report Review Meeting Draft Report Final Report Odor Advisory. Panel PHASE II WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Permitting/Approvals Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Permitting/Approvals WWTP Design Repor~ Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application SCHEDULE C Complete Complete ,Complete Complete On-hold Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete page I of 4 no. JUN 2 5 2002 Revised 5/9/2002 2:31 PM pHAsE II Reuse Master Plan Preliminary Draft Report Final Report Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin, Detailed Observation Surveying/Easements Permitting Startup Assistance Effluent Storage Expansion Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Startup Assistance w~v-rP Design Preliminary Design Reclaimed Water PSFElec. Bldg. Phase I Improvements Final Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation On-hold On-hold Complete Complete Complete Complete Complete · Complete Complete Complete Complete Complete Complete Complete Complete Complete To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Complete Complete Complete Complete Complete Complete A~£ no~. ITCN JUN 2 5 2002 SCHEDULE C page 2 of 4 Revised 5/9/2002 2:31 PM PHASE II W'vVTP Construction Phase Services Bid Services Reclaimed Water PS/Elec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Detailed Observation Reclaimed Water PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS/Elec Bldg Phase I Improvements PHASE III WWTP Design Preliminary. Design Final Design Surveying Geotechnical Site Investigation Citizen Advisory Committee Permitting/Approvals Support Services Coordination with C,~! W-WTP Construction Phase Services Construction Contract Admini*tration DetaJlea ouservation PHASE IV WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Permitting/Approvals WWTP Construction Phase Services Construction Contract Administration Detailed Observation PHASE V Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Ongoing Complete Ongoing Ongoing Ongoing Ongoing To be determined To be determined Complete Complete Ongoing Complete Ongoing 915 days after Notice to Proceed 915 days after Notice to Proceed AC~NOA IT£1~ JUN 2'5 2002 SCHEDULE C page 3 of 4 Revised 5/9/2002 2:31 PM Flow Equalization Basin - Design Preliminary Design-Phase I Preliminary Design-Phase II Final Design-Phase I Final Design-Phase II Surveying Geoteehnieal Site Investigation Permitting/Approvals O&M Manual Startup and Training Operational Support Other Assistance Complete Complete Complete Complete Complete Complete Complete Ongoing Ongoing Ongoing Ongoing Flow Equalization Basin - Construction Phase Services Construction Contract Admin - Phase I ,Ongoing Detailed Observation - Phase I Ongoing PHASE VI Data Review and System Analysis Design and Construction Permit Well Construction/Testing Data Analysis/Report Operational Approval Operation Permit 45 days after authorization 210 days after authorization 150 days after Notice to Proceed 210 days after Notice to Proceed 270 days after Notice to Proceed 360 days after Operational Approval AG£f~OA ,JUN 2 5 200 SCHEDULE C page 4 of 4 Revised 5/9/2002 2:31 PM EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY .FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $240.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $240.00 and will be charged to MSTD General Fund (111)- Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. NO.. /,~.~ JUN 2 5 2002 Prepared by: Pam Callis, Revenue Supervisor Util~ Billing and Customer Service Tei~sa A. Riesen~venue Manager Reviewe~: Utility Billing and Customer Service Reviewed by: ~._ Jol~A. Y,_.j::~osky,-Dir.,e,C[or Ut iltiltL~ Billing and Cus-ffomer Service Approved by:...~. -~)~'~~ Tom Wides, Interim Administrator Public Utilities Division Date: ~--'~ \ \~ :~-- Date:/.,~'z./~:::~__ EXHIBIT "A" 3. 4. 5. 6. 1. HNH Ventures, a Florida General Parmership, Folio #36325040007, Lot 4, Block 226, .Golden Gate, Unit No. 6 HNH Ventures, Folio #36325040007, Lot 4, Block 226, Golden Gate Unit No.6 HNH Ventures, Folio #36325040007, Lot 4, Block 226, Golden Gate Unit No. 6 HNH Ventures, Folio # 36325040007 Lot 4, Block 226, Golden Gate Unit No. 6 HNH Ventures, Folio # 36325040007. Lot 4, Block 226, Golden Gate Unit No. 6 HNH Ventures, Folio # 36325040007. Lot 4, Block 226, Golden Gate Unit No. 6 7. HNH Ventures, Folio # 36325040007. Lot 4, Block 226, Golden Gate Unit No. 6 8. HNH Ventures, Folio # 36325040007. Lot 4, Block 226, Golden Gate Unit No. 6 9. HNH Ventures, Folio # 36325040007 Lot 4, Block 226, Golden Gate Unit No. 6 10. HNH Ventures, Folio # 36325040007, Lot 4, Block 226, Golden Gate Unit No. 6 11. Rodriguez, Leovigildo, Folio # 36317120003, Lot 16, Block 202, Golden Gate Unit 6 12. Lloyd G. Sheehan TR, Folio #62099080008, Lot 9, Block 10, Naples Manor Addition 13. Lloyd G. Sheehan TR, Folio #62099080008, Lot 9, and 10 Block 10, Naples Manor Addition 14. Lloyd G. Sheehan TR, Folio #62099080008, Lot 9, and 10 Block 10, Naples Manor Addition 15. Lloyd G. Sheehan TR, Folio #62099080008, Lot 10, Block 10, Naples Manor Addition 16. Lloyd G. Sheehan, Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 17. Sheehan, Lloyd G., Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 18. Lloyd G. Sheehan, Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 19. Lloyd G. Sheehan, Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 20. Sheehan, Lloyd G., Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 21. Lloyd G. Sheehan, Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition 22. Lloyd G. Sheehan as Trustee, Folio # 62258120000, Lot 15, in Block 9, Naples Manor Lakes 23. Lloyd G. Sheehan Trustee, Folio # 62258120000, Lot 15, in Naples Manor Lakes 24. Lloyd G. Sheehan Trustee, Folio # 62263920004, Lot 38, in Block 13, all in Naples Manor Lakes 25. Lloyd G. Sheehan TR, Folio # 62263920004, Lot 38, Block, 13, all in Naples Manor Lakes 26. Sheehan, Lloyd G., Folio # 62263920004, Lot 38, in Block 13, all in Naples Manor Lakes 27. Lloyd G. Sheehan, Folio # 62259680002, Lot 35, in Block 10, all in Naples Manor Lakes 28. I1Dollaro S R L Corp., Folio # 61380720007, Lot 28 and 29, Naples Bayview, Addition No. 1 29. Raymond J. Prindiville and Johanna M. Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 30. Raymond J. Prindiville and Johanna M. Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 31. Raymond J. Prindiville and Johanna M. Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 32. Raymond J. Prindiville and Johanna M. Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 33. Raymond J. Prindiville and Johanna Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 34.. Johanna M Prindiville, %Mrs Foley, Folio # 36122560007, Lot 12, Block 135, Unit 4 Part Golden Gate 35. Prindiville, Johanna M, %Mrs Foley, Folio # 36122560007, Lot 12, Block 135, Unit 4 Part Golden Gate 36. Johanna M Prindiville, %Mrs Foley, Folio # 36122560007, Lot 12, Block 135, Unit 4 Part Golden Gate 37. Johanna M Prindiville, Folio # 36122560007, Lot 12, Block 135, Unit 4, Part Golden Gate 38. James L Walker, Folio # 36122560007, Golden Gate, Unit 4, Blk 145, Lot 12, Collier County, Florida 39. Walker, James L, Folio # 36122560007, Golden Gate, Unit 4, Blk 145, Lot 12, Collier County, Florida 40. Walker, James L, Folio # 36122560007, Golden Gate, Unit 4, Blk 145, Lot 12, Collier County, Florida JUN 2 5 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $t2.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has been paid in full for the 1992 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and. the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROVVTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this I Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. ,0. /~ JUN 2 5 200~ F'G. / -- Prepared by: Pam Callis, Revenue Supervisor U,~ Billing and,~.C~ omer Service Reviewed ~y: ~'Teresa A. Riesen, I~enue Manager f Utility Billing and Customer Service Reviewed by: (~,_~. Jgh~, A~..~nkosl<y, Direc_.¢~ Ut~j..t~Billin~J and Cust6mer Service Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: ~o. /~ ..~ JUN 2 5 ZOOZ PG. (:~ RESOLUTION NO. 2002 - A RESOI~UTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 10 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the 1.1 Board of County Commissioners on September 19, 1994 adopted Resolution' No. 12 94-668 authorizing the recording of notices of liens for the delinquent solid waste 13 collection and disposal services special assessments for 1992; and 14 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board 15 to approve by Resolution and record in the Official Records a Satisfaction of Lien on 16 all accounts that have been paid in full. I? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 18 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 19 amended, the Board recognizes full payment and receipt of the 1992 Service Year 20 Solid Waste Collection and Disposal Special Assessment for the following accounts 21 numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon ~-2 a lien had been recorded on real property pertainir~g to the accounts identified ~.3 herein. The Satisfactions of Lien attached hereto referencing the accounts 24 identified herein are hereby approved and the Chairman is hereby authorized to 25 sign on behalf of the Board of County Commissioners, and the Clerk is directed to 26 record this Resolution and these Satisfactions of Lien individually in the official 27 records of Collier County: 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 Account NO. 22101 This Resolution adopted this __ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 44 Approved as to form and 45 legal sufficie cy: 4~]~/vi~C. We-~ ~'''6~ nH County Attornev 50 dav of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN JUN 2 5 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 01133400000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fails, Deforest=-& Barbabra P O BOX 511 Copeland, FL 339260000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 13 52 29 PAR A-9 FURTHER DESC AS: COMM E CNR, S 89 DEG W 777.63FT, S 611.56FT, S 89 DEG W 350.27FT TO POB, S 89 DEG W 66.92FT, N 211.85FT, N Folio No. 01133400000 Project No. 61000 Account No. 22101 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form ency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'I-I'A, CHAIRMAN JUN 2 § 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the I account that has paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. JUN 2 PG. / Prepared by: ~'~'~. (~ Para Callis. Revenue Supervisor Uti~, Billing and C~t~mer So.ice Reviewed by: ~T~resa A. Riesen, R~ue Manager Utili~ Billing and Customer Se~i~ Reviewed J~~onkosky, ~ctor ~li~ Billing~n~stomer Se~ice Approved by: Tom ~des, Intodm Administrator CuBlic ~tilitios Division Date: Date: ~/////~//~,~ Date: ~/t-~-,~) ? Date:~/~~v 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 RESOLUTION NO. 2002- A RESOLUTION API~ROVlNG SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID .IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 9166 This Resolution adopted this motion, second and majority vote. day of 2002, after A'I-I'EST: DWIGHT E. BROCK, CLERK 36 37 38 39 40 Approved as to form and 41 legal su~j~cy: ~4~"bavi~ C/_/Ve,gel 45vCounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN JUN 2 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 36322360007 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Peterson, James D=& Lavonne J 5437 27th PL SW Naples, FL 339990000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 221 LOT 22 OR 1525 PG 27 Folio No. 36322360007 Project No. 64000 Account No. 9166 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form ROBERT Z..~ RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'I-I'A, CHAIRMAN J JUN 2 5 ZOOZ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL. ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $22.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $22.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. AG£NDA [TEH . ~ JUN 2 5 2002 Prepared by: Pam Callis, Revenue Supervisor Utility ,B,Billing and Customer Service Reviewed by: ~_~-  Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service Joh~,. '~.~osky, Dire~ Utih't~Billing and ~omer Se~ice Approvod by: ~~~ Tom ~des, Intodm Administrator Date: ~, ~ t~,~ Date: ~.//'/.~,, Date:~ / \ ~.~,/0 ?.._ / Date: RESOLUTION NO. 2002- 3 A RESOLUTION AP. PROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1995 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 adopted ]0 Resolution No. 2000-236 authorizing the recording of notices of liens for the Il delinquent solid waste collection and disposal services special assessments for ]2 1995; and t3 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in 14 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of 15 Collier County, Florida, which placed a lien on certain properties for the 16 delinquent solid waste collection and disposal services special assessments for l? 1995; and 18 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires 19 the Board to approve by Resolution and record in the Official Records a 20 Satisfaction of Liens on all accounts that have been paid in full. :l NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ?_ COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier _*; County Ordinance 90-30, as amended the Board recognizes full payment and 24 receipt of the 1995 Service Year Solid Waste Collection and Disposal Special ~_5 Assessments for the following accounts numbered below, subsequent to the 26 adoption of Resolution No. 2000-236, whereupon a lien had been recorded on 27 real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby 29 approved and the Chairman is hereby authorized to sign on behalf of the Board 30 of County Commissioners, and the Clerk is directed to record this Resolution and 3] these Satisfactions of Lien individually in the official records of Collier County: 32, Account No. 9687 33 Account No. 21445 34 35 36 37 38 40 4] 42 43 1 2 3 4 5 6 7 8 9 10 11 12 This Resolution adopted motion, second and majodty vote. DATE~D: 'ATTEST: DWIGHT E. BROCK, CLERK Apprcved as to form and ]3 legal~J.~iency: ~ ]')' County Attomey this day of ,2602 after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE-I-I-A, CHAIRMAN JUN 2 § 2002 This instrument prepared by: Robert Zachary Assist.ant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 36322360007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Peterson, James D=& Lavonne J 5437 27th PL SW Naples, FL 341167513 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 221 LOT 22 Folio No. 36322360007 Project No. 65000 Account No. 9687 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day~ of , 2002. A'n'EST: DWIGHT E. BROCK, CLERK Approved as to form anciJa~al suf3Eciency ROBERT"ZAC~R'Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLEg-I'A, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office'of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 61839800009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Riley, Michael J 2918 Karen Dr Naples, FL 341127363 The Lien was recorded on the 19m day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2 23 50 25 COMM AT NWCNR OF LOT 100, S 337.9FT, E 116.81FT TO POB, E 60FT, N 139FT, W 60FT, S139 FTTO POB, OR 1207 PG 608 Folio No. 61839800009 Project No. 65000 Account No. 21445 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __day of , 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~iency % ROBERT Z.,~I-I'A R Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'I-I'A, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $40.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special' assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 5 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $40.50, which is to be charged to (Fund 473) Public Utilities/Mandat6ry Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 5 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 5 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. No. /~, JUN 2 5 2002 P?epared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: ¢(f.~ 'l~esa A. Riesen~ Revent~e Manager Utility Billing and Custom'er Service Reviewed by: ~", Johr~. Y.o~sky,-Directo~ Utilit,)t~illing a~d Cueto~mer Service Approved by: , .~,,~'~"~~ Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: ~,/\ z../c) 7 Date: ~/~~ I RESOLUTION NO. 2002- 2 3 A RESOLUTION AP. PROViNG SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1996 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS ? s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 a~lopted ]0 Resolution No. 2000-237 authorizing the recording of notices of liens for the it delinquent solid waste collection and disposal services special assessments for ]2 1996; and t3 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in ]4 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of ]5 Collier County, Florida, which placed a lien on certain properties for the ]6 delinquent solid waste collection and disposal services special assessments for ]7 1996; and ]8 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires 19 the Board to approve by Resolution and record in Official Records a Satisfaction 20 of Liens on all accounts that have been paid in full. 2] NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ~_~ COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 2~ County Ordinance No. 90-30, as amended the Board recognizes full payment :4 and receipt of the 1996 Service Year Solid Waste Collection and Disposal :5 Special Assessments for the following account numbered below, subsequent to :6 the adoption of Resolution No. 2000-237, whereupon a lien had been recorded 27 on real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby :¢ approved and the Chairman is hereby authorized to sign on behalf of the Board 30 of County Commissioners, and the Clerk is directed to record this Resolution and 3] these Satisfactions of Lien individually in the official records of Collier County: 3: , Account No. 2370 33 , Account No. 10508 34 Account No. 12056 35 Account No. 16557 36 Account No. 23456 37 40 4! 42 43 A~NOA ITEm. ,0.~/~, ~ [~ JUN 2 5 2002 This Resolution adopted after this motion, second and majority vote. DATED: A'I-FEST: · DWIGHT E. BROCK, CLERK ckty of ., 2(}02, 1o 11 12 Approved as to fo~ and 13 ' : 16~'¢ David C. V'4~ig~l ~? County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN after AGENDA I T£m ,,~ JUN 2 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 00293040000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Holoway, Jo Gene 3087 Boca Ciega Dr. Naples, FL 341126103 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 49 26 Sl/2 of SWl/4 OF NEll4 OF SEl/4 LESS S + E 30FT 4.34 AC Folio No. 00293040000 Project No. 66000 Account No. 2370 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~cienc,y~ ROBERT ZA"C HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assist.ant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36322360007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Peterson, James D=& Lavonne J 5437 27th PL SW Naples, FL 341167513 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 221 LOT 22 Folio No. 36322360007 Project No. 66000 Account No. 10508 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. A'CrEST: · DWIGHT E. BROCK, CLERK Approved as to form an~~:~cie ncy RO/BE~RT Z~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN I~0 ._.~._.~ JUN 2 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36864280001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Partington, Ronald S=& Karin L 221 27th ST NW Naples, FL 341201757 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT6 S 180FT OF TR 69 OR 1555 PG 1186 Folio No. 36864280001 Project No. 66000 Account No. 12056 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of , 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~ciency ROBERT ~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN NO.~ JUN 2 5 2002 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 39393720000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rokosh, Terrance M=& Charlene 133 Belle Valley Dr Nashville, TN33 372095131 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 W75FT OF TR 145 OR 1571 PG 2372 Folio No. 39393720000 Project No. 66000 Account No. 16557 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROB/; R'¢ ZA~'H~,RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 61839800009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Riley, MichaelJ 2918 Karen Dr Naples, FL 341127363 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2 23 50 25 COMM AT NW CNR OF LOT 100, S 337.9FT, E 116.81FT TO POB, E 60FT, N 139FT, W 60FT, S139 FT TO POB, OR 1207 PG 608 Folio No. 61839800009 Project No. 66000 Account No. 23456 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN VVITNESS VVHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. ATTEST: DVVIGHT E. BROCK, CLERK Approved as to form ap, n~~nB~: RT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'CrA, CHAIRMAN EXECUTIVE SUMMARY RECOMMENDATION TO REJECT BID NO. 02-3325 FOR BACKFLOW PREVENTION ASSEMBLIES & ASSOCIATED MATERIALS OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, reject Bid No. 02-3325 for backflow prevention assemblies and associated materials and authorize Staffto reissue a modified bid. CONSlI)EIIATIONS; The Water Distribution Section is responsible for the installation and maintenance of all cross connection control devices within the Collier County Water District. Bid No. 02-3325 was issued on January 8, 2002 and six bids were received. After bids were received and tabulated it was found that the County must comply with a new State Statue that requkes any items that come. into contact with potable water to be NSF 61 approved. The language to require this of all items being purchased was not included in this bid. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. GROWTlt MANAGEMENT IMPACT.'. There is no growth management impact in approving this Executive Summary. RECOMME_ N1)ATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, reject Bid No. 02-3325 for backflow prevention assemblies and associated materials and authorize Staffto reissue a modified bid. Steve CarneI1, Purchasing Director lqul lVhttatisch, Water Dire to Thomas G. Wides, Public Utilities Division Administrator 2 PG._ / EXECUTIVE SUMMARY DECLARE SURPLUS AND DONATE PUMPING EQUIPMENT TO THE COURT APPOINTED RECEIVER FOR THE LEE CYPRESS COOPERATIVE OBJECTIVE: Donate used equipment to Court-appointed Receiver for the Lee Cypress Water & Sewer Cooperative, for the eventual use by Everglades City to boost transmission main pressure to better serve the Copeland, Lee Cypress, Everglades City, and Ochopee CONSIDERATIONS: On March 27, 2001, agenda item 16(C)1, the Board of County Commissioners approved a work order to Mitchell & Stark Construction Company Inc. to replace the existing Royal Palm Irrigation Pumping System. The station equipment is approximately 10 years old, and has a fully depreciated useful life. This station was replaced to improve reliability and reduce operational expenses. The replacement cost for this station was $105,960. Port of the Islands Community Improvement District and Everglades City previously expressed interest in this pumping system (see attached letters). The Purchasing Department, Pursuant to Chapter 274.05, F.S., sent out invitations on March 28, 2002, for Surplus Bid S02-3398 - Surplus Sale of Skid Mounted Pump System. Notices were sent to 12 firms, and bid offers were due on Monday, April 5, 2002. No bid offers were received. On May 28, 2002, the Board approved a request from Florida Department of Environmental Protection for Collier County to act as Court appointed Receiver for Lee Cypress Cooperative. Bleu Wallace, Director, CDES Operations, received Board approval to act as the County's agent in the receivership action. On June 11, 2002, Judge Brousseau of the Circuit Court placed the Lee Cypress Cooperative into receivership and Collier County is the Receiver. The Receivership is being administered by Bleu Wallace, who is negotiating with the City of Everglades to formulate an interconnect agreement on behalf of Lee Cypress. If the subject pumps are at Mr. Wallace's disposal, he may convey the pumps to the City of Everglades for in-kind consideration during negotiations regarding the interconnect agreement. As such, staff recommends donation of this equipment to the Court Appointed Receiver for the Lee Cypress Cooperative. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District declare surplus and donate the JUN 2 5 2G02 PG. ! - Executive Summary Royal Palm Pump Station Page 2 existing Royal Palm Irrigation Pumping System to Bleu Wallace, the Court appointed Receiver for the Lee Cypress Cooperative. Alicia Abbott, Public Utilities Engineering Project Manager REVIEWED BY: ~~J~ ~ Joseph 1~ Che~tham, Wastewater Director Date: REViEWEDBY:/.~." 'X co· Stephen Y. Carnell, Purchasing Director Date: REVIEWED Roy B. ~t~derson, P.E., Public Utilities Engineering Director APPROVED BY: ,~~~ ~"~ Date: Thomas G. Wides, P.E., Public Utilities Administrator Fe~ 09 0.20l:O~p RHCHOR EHGI~EERING 9~1-836-0819 p.1 Anchor Engineering Consultants, Inc. FACSIMILE LETTER THIS DOCUMENT WILL NOT BE MAILED. COMPANY: Collier County. Government-Public Utilities ~t, ATTENTION; Alicla Abbott FAX NUMBER: (94t) 530-5378 ~2002 TOTAL NO. OF PAGI:~: 1 AI;C.,I PROJEC NUMBER: 4282-15-02 RE~ Surplus Pump Equipment We visited Collier County's South wastewater treatment plant on November 9, 2001. We were shown the existing reuse high service pumps and control panels that wen to be replaced. The equipment appeared to be in good condition. We were told that the equipment may be designated as surplus if the County could find no other use for it. Everglades City currently has a Iow-pressure transmission main from Copeland to the City. The City has potential customers along the transmission main route including the Big Cypress National Preserve at Ochopee. The irrigation pumps at the South plant could easily be adapted to convert the transmission main to a high service main. This is to confirm that the City of Everglades City would accept Me pumps and equipment if Collier County cleclares them surplus and offers them to the City. We understand that the equipment will include: o Two split case high service pumps with a control panel (Skid mounted) r-, One centrifugal jockey pump with a control panel u A three horsepower pressure maintaining pump. ~ Miscellaneous pieces of equipment such as a meter, control valve, etc. Should you have questions or require additional information, please contact this office. ANCHOR ENGINEERING CONSULTANTS, INC. Richard G. Lewis, P.E. President c: Mayor Sammy Hamilton, Jr. k~Dlik~My 13ocumem~OCUMeN T'A2.e;-~ 1:~1~c M te~w 02~Z-OO ~T ~umr~ ~ 1,520 Royal Palm Square BoulevanJ, Su~ 200 · Fort Myers, Flori~ll 33919 Phone (941) 9364003 · Fax (941) 9360819 · E-retail eeci~Mlchor-enl~**gom iJUN 2 5 2002 io lYNG, F~. BRUCE ANDERSON CLAY C. BROOKER TASHA O. BUrORO DANIEL H, COX TIMOTHY S. FRANKLIN DAVID P. HOPSTE~R KENZA VAN ~[ND[RP GEORGE L. VARN~O[ ROY C. YOUNG OF ~OUNSEL DAV~O B. [RW~N A,J. J~ REPLY ~0: ;, ~,:* r-,. -~, ,. Naples February ll, 2002 CnALLIE'$ HALL 225 ~UT~ A~AMS STREET SUiTe 200 POST 0rF~C£ BOX 1833 (ZIP 32302- T~H~EE, FLORIDA TELEPHONE (850) ~-7~06 TELECOP~ER (850) SUNTRUST BUILDING 8OI ~u~¢L O~ Su~T[ 300 POST Orr~C¢ Box 7~7 (~P ~4101 N~LES, FLORIDA 34108 TELEPHONE (94i) TELECOmiER (941} 597- 1060 Mr. Thomas G. Wides, Director Public Utilities Fiscal Operations Collier County Government Center 3301 Tam/ami Trail, Building H Naples, FL 34112 RE: Port of the Islands CID - Donation of Surplus Re-use Pumping Station Dear Mr. Wides: The undersigned is general counsel to the Port of the Islands Community Improvement District ("District"). Recently, Dr. Ron Benson of Hole Montes, the District's Engineer, approached the County concerning the acquisition of a surplus re-use pumping station from the County for use by the District. It is my understanding that the donation of this pumping station was scheduled for consideration by the Board of County Commissioners, but that this was pulled from the agenda due to concerns regarding whether donation of the pumping station to the District is appropriate. These concerns centered around a perception by County staff that the District is controlled by one of the developers of a portion of the lands subject to the District's jurisdiction. The purpose of this letter is to explain why the District is an appropriate entity to receive this surplus County property. The District is a special purpose local government established pursuant to Chapter 190, Florida Statutes. It is an independent special district, not a homeowners' association. The members of the Board of Supervisors of the District are elected by all property owners w/thin the District boundary. All decisions of the Board must be reached after deliberations at duly noticed public meetings, very similar to a County Commission or City Council. No land owner has the ability to control the Board. As a local government, it is organized to promote the community interest and welfare by fulfilline its statutory responsibility to construct, operate and maintain community facilities, including effiuen~ reuse systems. i ~NO~ IT£~q /"1 The District intends to construct a reuse system for irrigation of the properties within its jt[fis~~ / JUN~ 5 ZDOZ Mr. Thomas G. Wides, Dkector Re: Pon ofthe Islands CID February ll, 2002 Page 2 There are currently over 450 land owners who will benefit from this service. Therefore, the use to which the District will put the surplus reuse pumping station is in the community interest and furthers the community welfare. Section 125.38, Florida Statutes provides the authority for the County to convey surplus property td entities organized to promote community interests and welfare when the surplus property will be put to a use that is in the community interest or furthers community welfare. The District is such an entity and the District's contemplated use of the property satisfies the statutory requirement. I hope that the information in this letter has addressed staff's concern as to the appropriateness of this conveyance. However, ifI can provide additional information or answer other questions, I am available to meet with you and provide whatever information you need to be comfortable rescheduling this matter for consideration by the Board of County Commissioners. Please contact me at 597-2814 to arrange a meeting at your convenience. Thank you for your consideration of this matter. Daniel H. Cox c: R. Benson D. Mossing F:\users\dhcXrba'~Port of lhe Isles\W/Ides Letter reuse pumping station.xvpd EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $355,000 TO FUND UNANTICIPATED EXPENSES WITHIN THE WATER DISTRIBUTION COST CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier CoUnty Water District, approve a Budget Amendment for the Water Dism'bution Cost Center to cover unanticipated expenses that have caused a shortfall in operating funds. CONSIDERATIONS: The Water Department has experienced a series of unanticipated mechanical and electrical problems in the Tamiami Wellfield. The wellfield provides 75% of the potable water source for the Collier County Water District. Several well failures have required unscheduled work by the on-call wellfield contractor in order to keep the wells in operating condition. A variable frequency drive unit for one of the pumps at the Raw Water Booster Station, which pumps water from the Tamiami Wellfield to the two treatment facilities, failed and had to be rebuilt. Additionally, an electrical wiring failure required complete replacement of the wiring due to splices from prior repairs. The daily demand for water has been higher this year than historical increases and higher than projected in the budgeting process. The amount of electricity required to pump the increased amount of water at Water District facilities, including the wellfield and remote pumping stations, has caused a shortfall in the amount of funds budgeted for electricity. FISCAL IMPACT: Total increased expenditures in Water Distribution are estimated at $355,000 and will be funded from Reserves for Contingences in County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT LMPACT: There is no growth management impact in approving this budget amendment. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a budget amendment for the Water Distribution Cost Center in the amount of $355,000 to cover unanticipated expenses that have been expended during this Fiscal Year. SUBMITTED BY: ~C~,~ J~~._ Pamela Libby, Manager/Writer APPROVED BY: Distribution Date: ~/'//c.9/C~ --~. Date: ~/~J'~ P/aul E. Mattaulch, Director, Water Department tnomas G. Wides, Public Utilities Division Interim Administratir Lo. ~oA ~T~. q / JuN 2 5 OOZ EXECUTIVE SUMMARY APPROVE THE EXECUTION OF A REVISED (UTILITY) EASEMENT MODIFICATION AGREEMENT WITH IMPERIAL GOLF CLUB, INC. FOR THE INSTALLATION OF A RE-USE WATER LINE TO ACCOMMODATE THE CONSTRUCTION OF A NEW CLUBHOUSE FACILITY. OB~[ECTIVE: To execute a revision to an existing easement agreement which was previously entered into for a water reuse line which is now being relocated to accommodate the construction of a new clubhouse facility for Imperial Golf Club, Inc., in the form of an Easement Modification Agreement. CONSIDERATIONS: The easement previously created to provide for a Collier County Water-Sewer District water re-use line now occupies an area where the Imperial Golf Club, Inc. intends to construct a new clubhouse facility. The revision to the Easement Modification Agreement would be granted by the Board of County Commissioners, acting as Ex-Officio, the Board of the Collier Water-Sewer District to modify the legal description for the easement. FISCAL IMPACT: All costs for recording, etc. shall be paid by the applicant GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners: 1. approve the requested Easement Modification Agreement by authorizing the Chairman to execute the attached Easement Modification Agreement. 2. direct that the Easement Modification Agreement be recorded at the applicant's experts~ in the Publi,c Records of Collier County, subject to app~nt~/Attorney s Office. ~/~?,~ Patrick G. White, Assistant County Attorney REVIEWED BY: '~~ ~' ~ ~ Date: ~ / ~//°a'~ Thomas G. Wides, Interim Public Utilities Administrator ~0.~ JUN 2 5 2D02 This Instrument Prepared by and To Be Returned To: DENIS H. NOAH, ESQ. P.O. Box 280 Fort Myers, FL 33902~280 EASEMENT MODIFICATION AGREEMENT THIS EASEMENT MODIFICATION AGREEMENT ("Agreement") made this ~ day of ,2002, by and between IMPERIAL GOLF CLUB, INC., a Florida non-profit corporation, whose mailing address is 1808 Imperial Golf Course Boulevard, Naples, FL 34110 ("Imperial") and 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-SEWER DISTRICT, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, ("County"). WHEREAS, by instrument dated October 13, 2000 and recorded March 30, 2001 in O.R. Book 2798, Page 3340 of the Public Records of Collier County, Florida, Imperial granted to County a non-exclusive utility easement for installation of a reuse water line (the "Easement"); and WHEREAS, a portion of the Easement is located on lands upon which Imperial is constructing a new clubhouse facility; and WHEREAS, Imperial and the County have agreed to substitute the legal description in the Easement for the legal description attached hereto and incorporated herein as Exhibit "A' (the "New Easement"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants contained herein and in consideration of the payment of Ten Dollars ($10.00) and other good and valuable consideration by each party to the other party, Imperial and County covenant and agree as follows: 1. The above-referenced recitals are true and correct. 2. Imperial and County hereby agree that the New Easement, as described in Exhibit "A" attached hereto is substituted for the legal description contained in the Easement, 'as if the Easement had originally contained the legal description for the New Easement. 3. Imperial, at Imperial's sole cost and expense, shall relocate the reuse water line, and any other facilities within the Easement which must be relocated, to the New Easement. All such work shall be undertaken and completed in compliance with all laws, rules and regulations of federal, state and local government. provisions of the Easement. Except as modified herein, the parties hereby ratify and confirm the terms and JUN 2 5 2002 WHEREUNTO the parties have caused this Easement Modification Agreement to be properly executed as of the day and year first above written. Signed in the presence of: Witness Signature Typed/Printed Witness Name 2~'Wi:tne~s Si~r~ature Typed/Printed 2~ Witness Name IMPERIAL GOLF CLUB, INC., a Florida non-profit corporat~91~ ROBERT R. CARTER, President ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Cierk Approved as ~o~form and legal sufficiency: FO~THOMAs C~PALMER, ¢)~,~,~(W, G ',V Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By:. ~ ~" '"'"' D CART,"'R, F'h.D Chairman (THIS SPACE IS INTENTIONALLY LEFT BLANK) -2- JUN 2 5 2002 STATE OF FLORIDA COUNTY Of COLLIER The foregoing instrument was acknowledged before me this ,~'~day of /~,4~'/ _, 2002 by ROBERT R. CARTER, as President of IMPERIAL GOLF CLUB, INC., a non-profit corporation under the laws of the State of Flodda, on behalf of the corporation and w~ k..__nown to me or who has produced as identification. My commission expires: #1019710vl ~ ary Public Signature Type/Print Name of Notary Commission No: -3- JUN 2 5 200 I I I REVISED MARCH 27, 2002 N 2 5 2002 -- ~ "A" - Page 1 of 3 REVISED MARCH 27, 2002 -- 5D~HIBIT "A" - Page 2 of 3 AG~I D&, IT£i,~ no. /~,~ /~ JUN 5 2002 REVISED MARCH 27, 2002 -- ~ "A" - Page 3 of 3 Al £NOA ITE~q JUN 2 5 2002 PG. ~' EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO HAYWARD-BAKER, INC., FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWR10 EXPANSION TO 30.6-MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF) PHASE lA - LIQUID STREAM VIBRO-REPLACEMENT, BID 02-3373, PROJECT 73950, IN THE AMOUNT OF $464,000. OBJECTIVE: To perform soils improvement work in advance of the upcoming NCWRF Expansion to 30.6-mgd MMADF to accelerate the completion schedule. CONSIDERATIONS: On June 7, 2002, sealed bids were opened for this project. Two bids were received as follows: Bidder Hayward-Baker, Inc. Nicholson Construction Company Bid Amount $464,000.00 $500,000.00 The lower, responsible, responsive bid was received from Hayward-Baker, Inc., (HBI). The bid tabulation is attached. Our design consultants, Hazen and Sawyer, P.C., (H&S) reviewed and evaluated their bid, and determined HBI is qualified to perform the work. In fact, HBI just satisfactorily completed similar work for the NCWRF Flow Equalization Tanks project. H&S's recommendation letter dated June 11, 2002 to award the work to HBI is attached. This contract will prepare and improve in advance, the soils in the area where the upcoming NCWRF Expansion to 30.6-mgd MMADF facilities will be built. Normally this work would be included in the expansion project, however by proactively performing this work ahead of the expansion project, we will realize a gain in time of approximately one and one half months. Since the upcoming expansion project is a part of the April 10, 2001 Florida Department of Environmental Protection Consent Order, the gain in time is highly desirable. FISCAL IMPACT: Funds in the amount of $464,000 are available in FY 02 for this work. Funding source is Impact Fees. GROWTH MANAGEMENT IMPACT: This work is consistent with the September 2001 Wastewater Master Plan Update adopted by the BCC on December 11, 2001, Item 8 (^). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award and authorize the Chairman to execute, a construction contract with HBI, for the NCWRF Expansion To 30.6-mgd MMADF Phase lA - Liquid Stream Vibro-Replacement, Bid 02-3373, Project 73950, in the amount of $464,000. JUN 2 5 2002 Executive Summary Award Bid 02-3373 Page 2 PREPARED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department. REVIEWED BY: Roy/t}. Anderson, P.E., Dire or Public Utilities Engineering Department REVIEWED BY: Stephen Y. Cam~ll,Director Purchasing Department Jc~)ph C~heatham, Director Wastewater Department Thomas G. Wides, Interim Administrator Public Utilities Division Attachments: Hazen and Sawyer, P.C., Recommendation Letter Bid Tabulation DATE: 61t /oz DATE: AG£NDA .o. /i e_.. /[ JUN 2 5 2002 HAZENAND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P.C. 2101 Corporate Blvd. Boca Raton, FL 33431 561 997-8070 Fax: 561 997-8159 June 11,2002 - Faxed This Date - Mr. Peter Schalt, PMP COLLIER COUNTY puBLIC UTILITIES ENGINEERING 3301 Tamiami Trail East, Building H Naples, Florida 34112 Dear Mr. Schalt: Collier NCWRF Expansion to 30.6 MGD (MMADF) Phase lA- Liquid Stream Vibro-Replacement Recommendation to Award We have received and reviewed the two (2) attached bid proposals for the above- referenced project. A summary of the bid tabulations is presented in the table below: Bid Items Hayward-Baker, Inc. Nicholson Construction 1. Lump Sum $389,000.00 $425,000.00 2. Contingency Allowance $75,000.00 $75,000.00 Total of Bid Items 1-2 $464,000.00 $500,000.00 The apparent Iow bidder is Hayward-Baker, Inc. We have found both bids to be complete and responsive, in accordance with Items 1 through 6 and 8 of the Bidder's Checklist (ref: page WS-P-12 of the Proposal). Assuming that County Purchasing has vedfied that the apparent Iow bidder has satisfied items 7, 10, 11 and 12 of the Bidder's Checklist, we recommend that the County award this contract to Hayward-Baker, Inc., in the amount of $464,000.00. Note that the Engineer's estimate (including allowance items) was $500,000.00. If you have any questions or comments, please do not hesitate to call me. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager C: Gary Bors, Albert Muniz, Joe Rohrbacher, Shajan Joykutty, Kris Jain, Gary Streeter, Clifford Pepper, Ron Benson, Dennis Barnard, File 40397 - 6.0 (Note: enclosures only included in file copy) C:~10mgdexptVlBROawardrecommendation. doc6/11/02 JUN ? ~ ?~:"j? New YO~, NY · Nm,~, NY · Woo~ury, NY · Upper SaOdle R~vef, NJ · Del[o~t, MI - Raleigl~, NC · C,r~qrio~, NC · Fa,Max VA · HOJJywO0~, FL · Boca Ra[or~, FL · Fort P*erce. FL · Gmneswlle, FL · Sara$ota, FL · Miami, FL EXECUTIVE SUMMARY APPROVE A WORK ORDER TO YOUNGQUIST BROTHERS, INC., IN THE AMOUNT 'OF $650,000 TO FUND AND COMPLETE THE REPAIR OF DEEP INJECTION WELL #1 AT THE NORTH REGIONAL WATER TREATMENT FACILITY OBJECTIVE: 'That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District approve a Task Work Order to Youngquist Brothers, Inc., in the amount of $650,000 to fund and complete the repair of Deep Injection Well #1 at the North Regional Water Treatment Plant. CONSIDERATIONS: A failure of the casing in Deep Injection Well #1, located at the North Regional Water Treatment Plant, has caused the Department to shut down the well. The well was placed into operation in 1991 when the Water Treatment Plant went into operation, and is one of two wells that are used for the deep injection of the concentrate flow produced by the operation of the membrane softening and reverse osmosis treatment processes. The well is also used by the Water Reclamation Department to deep inject effluent during certain times of the year. On Thursday, April 11, a loss of pressure from the hydropneumatic tank that supplies positive pressure to the annular space of the well was noted by operations staff. The well was taken out of operation, and the problem was reported to the Florida Department of Environmental Protection (FDEP). On Monday, April 15, a video inspection of the well was performed and was inconclusive due to high turbidity in the water in the well column. During the week of May 13, a second inspection, performed by Youngquist Brothers, Inc., was conducted, and it was determined that the leak was in the inner 16-inch casing between 1100 and 2200 feet below ground level. CDM/Missimer was contracted to review the inspection and findings, to make recommendations for the repair, and to submit the appropriate correspondence to FDEP regarding the status of the well. Five remedial options were submitted to the County for review, ranging from $350,000 to $1,300,000, and from 6 weeks to 10 months for completion of repairs. County staffhas reviewed the options for remediation, and agrees with the recommendation from CDM/Missimer. The repair will include the removal of the existing casing and the installation of new steel casing and a new positive seal packer. The estimated permit time from FDEP is 1 to 2 weeks, and the estimated time for repair is 30 days. The County currently has in place Contract #01-3193 with Youngquist Brothers, Inc., for Deep Injection Well Construction Services, and will use their services for the repair of the injection well. The repair of the injection well will cost $650,000. The County will also use the services of CDM/Missimer, under annual contract for engineering services, to provide the necessary paperwork for permits to FDEP, to provide design drawings as necessary to FDEP, and for construction oversight during casing removal and installation of new casing and packer. Timely completion of the repair is critical to the reliable operation of the North Regional Water Treatment Plant. Injection Well #2 is currently being used for deep well injection; however, the availability of the second injection well for reliability is critical to maintaining the treatment process. The well is also essential for the deep injection of wastewater effluent during the rainy season. FISCAL IMPACT: Loan proceeds from the $70 million commercial paper loan approved by the Board on May 28, 2002 (agenda item 10k) are available for this project. A budget amendment is required in the Water Capital Projects fund (412) to recognize $650,000 in Commercial Paper Loan proceeds and increase the capital budget in project 70057, Facilities Rehabilitation, by the same amount. Source of funds will ultimately be the User Fees and, user fees will be used to pay the debt service. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this loan, budget amendment, and repair work. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Task Work Order to Youngquist Brothers, Inc., in the amount of $650,000 to fund and complete the repair of Deep Injection Well #1 at the North Regional Water Treatment Plant and approve the necessary budget amendments. SUBMITTED BY: REVIEWED BY: APPROVED BY: Step~ ,LTg, Mar~ ,~Vater Production ~/~.'.A~/~7~,~.~-~2 Date: Paul E. Ma~tausch, Director, Water Department ~~ "'~' ~~ Date: Thomas G. Wides, Public Utilities Division Interim Administrator Date: AG£NoA ZT~.PI ~ / JUN25200Z [ EXECUTIVE SUMMARY AWARD A CONTRACT TO FLORIDA STATE UNDERGROUND, INC. TO CONSTRUCT HVE RELIABILITY WELLS IN THE GOLDEN GATE WELLFIELD IN THE AMOUNT OF $1,566,064, PROJECT 70066 OBJECTIVE: To provide back-up potable water supply from the Tamiami Aquifer. CONSIDERATIONS: The 2001 Water Master Plan Update calls for adding five back- up wells to the existing 27 wells in the Golden Gate Wellfield. This will improve the reliability of the wellfield to deliver water in the event of wellfield equipment failure. The location of the five new wells is shown on the attached figure. On June 12, 2002, five bids to provide five wells with associated raw water transmission mains, power supply, instrumentation, and telemetry were received as follows: Florida State Underground, Inc. RTD Construction, Inc. Hausinger & Associates, Inc. Mitchell & Stark Construction Co., Inc. D.N. Higgins, Inc. $1,566,064 $1,639,931 $1,760,000 $1,902,720 $2,369,375 The Engineer's Estimate for the project was $1,400,000. Florida State Underground, Inc. (FSU) was the lowest, responsive bidder. FSU has a satisfactory performance record on previous projects involving similar work. The Engineer reviewed the bid and recommends award per the attached letter. The permit for the back-up wells was issued by SFWMD. Permits are pending for the wellhead/pipeline construction (FDEP) and canal crossing (SFWMD). Approval of a Site Development Plan is required by the County for each of five well sites. Engineering services needed to apply for the SDP will be provided as an amendment to work order CDM-FT-01-02 in the amount of $7,500 to be administratively-approved by staff. FISCAL IMPACT: Funds are needed in the amount of the lowest bid plus 10 (ten) percent for contingency. The available funds for the project is $478,819. A budget amendment is required in the amount of $1,243,851. Funds will be transferred from Project 70028 (Goodlette-Frank), which has been deferred to FY03, and Project 70074 (Port-au-Prince), which is under budget. The source of funds is 412, Water User Fees. GROWTH MANAGEMENT IMPACT: The project is consistent with the 2001 Water Master Plan Update adopted by the Board, December 11, 2001, agenda item 8(B). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award a contract to Florida State Underground, Inc., authorize the Chairman to execute an Agreement in the amount of $1,566,064 for Bid 02-3348, and approve the necessary budget amendment. ! JUN 2 5 PG. /. I Executive Summary Award Contract Page 2 ( J~, ,e.s L. McGee, P.E., Project Manager ~ublic Utilities Engineering Department DATE: REVIEWED BY: REVIEWED BY: Roy Bt. Anderson, P.E., Director REVIEWED BY: APPROVED BY: Public Utilities Engineering Department 'rb'~ve (~arneh, l~6rchasing Director DATE: DATE: ~au/i~E~. N L~~/'~u~s~-~, Wa~ler Director Thomas G. Wides, Interim Administrator Public Utilities Division DATE: ~'~/~ ~' DATE: 0 2,500 FEET ! I Go/den Gate B/vd NEW LOCATIONS FOR PROPOSED WELLS 28 & 29 .!' ~ 2~ LEGEND 2~ 16& 17® 21 · Canal Road Pipeline (diameters in inches) Well Number/Location Original Wellfield Well Number/Location 1987 Wellfield Expansion Well Number/Location 1991 Wellfield Expansion Well Number/Location 1993 We,field Expansion Proposed Well Locatio..~ 24 t~22 24._ ~24 ~2 ®20 24 16 12 PREVIOUS PROPOSED )25 FOK WELLS 28 .- -2-6-~ .... -~.~--- O';~---O 29. LOCATIONS & 29 1V[is$imer ~r. No. FH00-1061 Da~e: 10/31/01 DWG NO. Rev. No. J MAP SHOWING LOCATIONS OF THE COLLIER COUNTY GOLDEN GATE WELLFIELD WELLS AND PROPOSED NEW WEll LOCATIONS. CDM Missimer 6140 Coll~ ~,'kvv~,/, SuAe 202 Fort Myers. Fio~:la 33919 Tel:94~ 432-9494 Fax' ~41 4,32-9~$~ June 13, 2002 Mr. James K McGee, P.E., Ph.D. Collier Coumty Public Utilities Division Engineering Dep~,'-lent 3301 East Tamiami Trail Building H Naples, Florida 34112 Subjec~ Golden Gate Wellfield Reliability Improvements Recommendatian of Award Based upon your request, we have reviewed the bids submitted on the above referenced project. A total of five (5) contractors submitted bids on June 12, 2002 for this project. The apparent low bidder was Florida State Underground, Inc. with a bid of $1~66,063.30. The Florida State Underground bid appears to be balanced except for the $172, 280.00 subm'dtted for Miscellaneous Work and Clean up (Part III, Item 17). In our opinion, the bids received were higher than were e~d. These higher values may be indicative of the current market conditions that exist due ~o Collier Co~axty's rapid growth and wat~ supply issues. 13ased upon our evaluation of the submitted bids, we recommend that the project be awarded to FIorida State Underground, Inc. Please contact me with any questions. V~dyO~s' Dar~ K. Tallrnm't, P.E. CDM M_~sim~ AG£NoA 2T£PI ~_ JUN 2 5 2002 EXECUTIVE SUMMARY ACCEPT RIGHT OF ENTRY DOCUMENTS FOR THE PORT-AU-PRINCE SUBDIVISION UTILITY REPLACEMENT PROJECT AT A COST NOT TO EXCEED SS00. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept Rights of Entry from lot owners within the Port-au-Prince Subdivision permitting the County to make central sewer system connections and to abandon existing septic tank systems. CONSIDERATION: On May 28, 2002, Agenda Item 16-C-10, the Board of County Commissioners awarded a contract to Douglas N. Higgins to replace the substandard water distribution and wastewater collection systems, and provide culverts and a paved shoulder within the Port-au-Prince Subdivision. To satisfy the Florida Department of Environmental Protection Consent Order In-Kind services, the properties with septic tanks will be connected to the County sewer system and the septic tanks abandoned. To provide the County with the right to enter upon each lot for these purposes, Right of Entries were secured from each owner via donation. Prior to recording in the public records, each Right of Entry will be reviewed by the County Attorney's Office as to form and legal sufficiency. FISCAL IMPACT: The cost of recordation of the Right of Entries shall not exceed $500. The funds shall be withdrawn from the County Sewer Capital Projects Fund (414), Port-au- Prince Project (73060). GROWq'H MANAGEMENT: This request is consistent with County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve and accept the Right of Entries; and Authorize staff to proceed to record with the Clerk of Court the Right of Entries in the Public Records of Collier County, Florida. SUBMITTED BY: it~on DATE: ,/'Jean M. Smith. Property Acqu~s Specialist ( ,property Acquisition & Construction Management ~/Facilities Management Department EXECUTIVE SUMMARY Rights of Entry- Port-Au-Prince Page 2 .... Ton~A. 'Mo~, ~e'~ Prol:Yerty S~uper:visor Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: Charles E. Carring~on, Jr., SF{/WA, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: REVIEWED BY: APPROVED BY: Skip Camp, CFM, Director Facilities Management Department Alicia Abbott, Project Manager Public Utilities Engineering Department Thomas G. Wides, Acting Administrator Public Utilities Division DATE: DATE: DATE: 1 JUN 2 5 2002 .~_.7: _: EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR THE COUNTY TO ACCEPT HORTICULTURAL DEBRIS (YARD WASTE) GENERATED WITHIN THE CITY OF NAPLES. OBJECTIVE: That the Board of County Commissioners approve an interlocal Agreement with the City of Naples for the County's Solid Waste Management Department to accept, at the Naples Airport Recycling Center, horticultural debris (yard waste) collected by the City of Naples. CONSIDERATION: The City of Naples plans to close its horticultural debris transfer station located at the City's Public Works facility. The City also wishes to minimize the travel time and distance for its collection vehicles to deliver its horticultural waste to an approved disposal site. Collier County is currently operating a waste transfer and recycling center at the Naples Airport where it accepts horticultural debris from the public. This site is convenient and economically located to meet the City's needs. Under the terms of the proposed Agreement the City agrees to pay for all the costs associated to expand and equip the site at the Naples Airport Recycling Center for the County to properly accept and process the horticultural debris delivered by the City's collection vehicles. The County will operate the expanded facility and the City agrees to pay tipping (disposal) fees established by the County for all horticultural debris accepted at the Airport Recycling Center. The specific location, configuration and improvements required to operate the facility are subject to the approval of the Naples Airport Authority and the FDEP (Florida Department of Environmental Protection). Controlling the waste stream is in the best interest of providing optimal protection for the public's health, safety and welfare. Collier County is committed to this objective; accepting the City's horticultural debris meets with that objective. FISCAL IMPACT: Under the terms and conditions set forth in the Agreement there is no fiscal impact to the County. AG£#OA IT£M ~,~ J U N 2 5 GROWTH MANAGEMENT IMPACT: This item is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the proposed Agreement and authorize the Chairman to sign said Agreement after acceptance by the Naples City Council and review for legal sufficiency by the County Attorney. SUBMITTED BYG~. ~e~rge: Yilmaz, I~.D., P.E~., P.., Solid Waste Management Dept. Director APPROVED BY: Thomas G. Wides Interim Public Utilities Administrator Date: Date: INTERLOCAL AGREE1VIENT FOR HORTICULTURAL DEBRIS TRANSFER This Agreement is made and entered into between the City of Naples, Florida, a Florida municipal corporation (hereinafter "CITY"), and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter "COUNTY"). WHEREAS, CITY and COUNTY residents generate horticultural debris; and WHEREAS, the CITY and COUNTY must dispose of horticultural debris in an efficient manner; and WHEREAS, the CITY is closing its horticultural debris transfer station and needs a new location from which to transfer horticultural material; and WHEREAS, the COUNTY operates a recycling facility at the Naples Airport that accepts horticultural debris for transfer; and WHEREAS, the COUNTY is willing and able to expand its facility to accept larger volumes of horticultural debris; and WHEREAS, the CITY and COUNTY, as neighboring local governments, agree that it is in the best interest of the public's health, safety and welfare to provide adequate and reliable collection and processing of horticultural debris; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the COUNTY and the CITY agree as follows: 1. COUNTY RESPONSIBILITIES. The COUNTY'S Solid Waste Management Department (CCSWMD) shall designate and specify all of the site requirements, operating equipment and staffing necessary for the County to receive and process the City's horticultural debris at the COUNTY'S facility at the Naples Airport. However, the County's designations and specifications shall be subject to the review and prior approval of the CITY'S Public Works Director. m0. JUN 2 5 2002 The CCSWMD shall select a suitable site at the Naples Airport for the City to deliver its horticultural debris. The CCSWMD also shall negotiate with the Naples Airport Authority for a suitable lease arrangement for the site. The site at the Naples Airport must be acceptable to the Florida Department of Environmental Protection (FDEP) and the CITY'S Public Works Director. The CCSWMD shall prepare all necessary schematic and construction site plans, and select the equipment and staff required to receive, handle and process horticultural debris brought to the facility at the Naples Airport. The County shall be responsible for obtaining all necessary permits and approvals from FDEP for the proposed use of the site. The County shall notify the City when the County is ready to begin receiving the City's horticultural waste at the County's facility. 2. CITY RESPONSIBILITIES. The CITY shall reimburse the COUNTY for all costs associated with designing, permitting, developing and equipping the designated site to a condition acceptable to the FDEP for receiving, processing, and transporting horticultural debris to a capacity of 100 tons. The CITY reserves the right to review and approve all costs associated with developing and equipping the site to process horticultural debris. The CITY agrees to provide to the COUNTY, at no cost the following equipment: · One John Deere 544 Loader · One (1) 1987 Freightliner 18 cu.yd, aluminum body dump truck · One (1) 1991 White GMC 18 cu. yd. aluminum body dump track · One (1) Fairbanks track scale All of the above equipment to be in good working condition. This equipment shall be delivered to the County within 15 days after the County notifies the City that the County is ready to receive the City's horticultural debris. 3. TIPPING FEES. JUN 5 2002. PG. Charges (TIPPING FEES) for receiving horticultural debris, delivered by collection vehicles designated by the CITY Public Works, shall be based on COUNTY established tipping fees for the category and the weight of the material delivered by these vehicles. TIPPING FF~ES to be paid by the CITY to the COUNTY to receive horticultural debris delivered by CITY designated vehicles, shall be established by the COUNTY. The CITY shall for their budget preparation requirements only, have the right to review the established fees. 4. EXPANSION COSTS. All costs associated with expanding the capacity of the facility, in excess of 100 tons shall be borne by the COUNTY. The term of this Agreement shall be concurrent with the term of the Lease Agreement between the CITY'S Airport Authority and the COUNTY for the operation of the CCSWMD's Transfer and Recycling facility at the Naples Airport. This agreement may be terminated by the City or the County if the County cannot: (a) obtain a suitable site at the Naples Airport for the horticultural debris transfer facility; (b) obtain the necessary permits for the facility from FDEP or any other agency; (c) obtain the City's approval for any specification, action, or expense involving the horticultural debris transfer facility; or (d) otherwise satisfy the County's obligations under this agreement due to factors beyond the County's reasonable control. If this agreement is terminated under such circumstances, the City shall reimburse the County for the reasonable costs that have been incurred by the County prior to the termination, provided such costs are consistent with the provisions of this agreement. 6. SUBJECT TO APPROPRIATION. It is further understood and agreed by the City and County that this agreement is subject to appropriations by the governing bodies of the City and County. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COIJ.IER COUNTY through its BOARD O1~ JUN 2 5 2002 COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board Action on the __ day of , 2002; and CITY OF NAPLES through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action on the day of ,2002. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COII JmR COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman DATED: ATTEST: TARA A. NORMAN, Clerk CITY OF NAPLES, FLORIDA, a municipal corporation By: BONNIE R. MacKENZIE, Mayor Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney Approved as to form and legality: Robert D. Pritt City Attorney h:RNZ~greeme~ts EXECUTIVE SUMMARY APPROVE A RESOLUTION AND A LICENSE AGREEMENT WITH THE ISLES OF CAPRI CIVIC ASSOCIATION TO DESIGNATE LAND FOR A FUTURE TENNIS COURT ON ISLES OF CAPRI. OBJECTIVE: community. To provide recreation opportunities through partnerships with CONSIDERATION: The Isles of Capri Civic Association recently approached staff about leasing property adjacent to the County Water Plant on Isles of Capri in order to raise funds to construct a community tennis court. The Neighborhood Park Policy does not provide for general funds to build tennis courts; therefore, funds would have to be raised by the community. Recognizing that while the Neighborhood Park Policy provides for acquisition of lands for parks, the utilization of existing County property is more efficient use of County funds. Additionally, the property that is being acquired on Isles of Capri for a neighborhood park is only large enough to add a passive area and a playground. The terms of this agreement provide for an initial three-year commitment to complete construction of a tennis court. Thereafter, provided the tennis court has been completed at the end of the initial term, there is an automatic extension of thirty (30) years, and thereafter the agreement extends year-to-year until terminated. However, if for any reason the Board needs to utilize the property for another use, the agreement provides a termination clause. Should the County need the property after the tennis court is constructed, the agreement calls for a reimbursement of the expenses incurred by the Civic Association. The Transportation Department and the Water Department have both reviewed this request and recognize that there are no conflicts with future master plans since the Water Plant and road are both adequate to serve the community. Should this agreement be approved, the Civic Association would still be required to meet all Land Development Code requirements including landscape variances and conditional uses as identified by staff through a development review process. While no site plans have been developed at this time, the Civic Association has indicated that the court will be available for Association members and will not be lit since it is in a residential community. GROWTH MANAGEMENT: The tennis court would not be inventoried in the Growth Management Plan since it is leased to the Civic Association. FISCAL IMPACT: There is no direct fiscal impact at this time. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign this Resolution and Agreement. AGENDA ITEM No. I(.,,D [ JUN 2 5 Z00Z PREPARED BY: REVIEWED AND APPROVED BY: REVIEWED AND APPROVED BY: ~~~ DATE: hn Dunnuck, Public Services Administrator Tom~Vides, Interim Utilities Administrator Norn~an Feder, Transportation Division Administrator 1 2 3 4 5 6 7 8 9 10 11 12 13 [4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 51 52 53 RF-~OLUTION 02-~ A RESOLUTION OF TItE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND ISLE OF CAPRI CIVIC ASSOCIATION, lb/C, FOR CONSTRUCTION AND USE OF A TENNIS COURT WHEREAS, Isle of Capri Civic Association. Inc. ("ICCA"), desi~ to license a portion of County-owned land at 920 Capri Boulevard, Naples, Florida which is owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to construct and operate a recreational tennis court. WHEREAS, the License Agreement provides for an initial term of three (3) years to complete construction of a tennis court, to be constructed and funded by the ICAA. Thereafter, provided the tennis court has been completed at the end of the initial term, there is an automatic extension of thirty (30) years, and thereafter the agreement extends year-to-year until terminated by either party. There shall be no fees charged for use of the licensed premises. WHEREAS, the Board of County Commissioners, in accordance with Section 125.38, Florida Statutes, is satisfied that this property can be licensed for this use by ICCA's and is not needed for County purposes into the foreseeable future. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, tha~: The Board of County Commissioners of Collier County, Florida, hereby approves the attached License Agreement between Collier County and the Isle of Capri Civic Association, Inc., for construction and use of a tennis court 2. The Chairman of the Board of County Commissioners is hereby authorized to execute the attached License Agreement on behalf of the Board. This Resolution adopted this ~ day of after motion, second and majority vote in favor of adoption. 2O02 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:. Deputy Clerk BY: JAM~ N. COLETrA, Chairman Approved as to form and legal sufficiency:. Thomas C. Palmer Assistant County Attorney Agen d~ o I t~.m JO FI ~ ~ 2002 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") entered into this day of 2002 between the ISLES OF CAPRI CIVIC ASSOCIATION, INC. ("LICENSEE") whose mailing address is 30 West Pelican Street, Naples, Florida 34113 and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Eas. t Tam/ami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR." WITNES~;ETH THE PARTIES AGREE AS FOLLOWS~ ARTICLE 1. Licensed Pr~mises LICENSOR hereby licenses to LICENSEE the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises", situated in Collier County, Florida, only for the purpose specified in Article 2. This License shall not be assigned or otherwise transferred except as may be approved in writing by the Board of County Commissioners, and any attempt to assign or otherwise transfer this License shall be void ab initio. ARTICLE 2. Term of License 1. LICENSEE is hereby licensed for an initial term of three (3) years commencing on July 1, 2002 and ending July 1, 2005 ("In/rial Term"), to use the Licensed Premises to raise funds through receipt of donations to fund construction of the subject tennis court, to be constructed on the Licensed Premises. 2. LICENSEE agrees to complete the subject tennis court on or before the July 2, 2005. At that time, or earlier, upon issuance of a Certificate of Occupancy issued by Collier County for the tennis court, LICENSEE shall automatically be granted an additional thirty (30) year term to use the Licensed Premises for the subject tennis court. Thereafter, this License shall extend year to year until terminated by either party ia writing delivered to the other party. 3. If not later then the end of the Initial Term (3 years) LICENSEE has not completed the subject tennis court at the Licensed Premises, LICENSOR may grant a reasonable extension of time to complete the tennis court, or may terminate this License and owe LICENSEE nothing. If the tennis court is partially completed at the end of the 3~d year, LICENSOR may opt to retain all fight, title and interest in or to the incomplete tennis court, or LICENSOR may demand that LICENSEE remove the incomplete tennis court at no cost to LICENSOR. As used herein "tennis court" includes all improvements (fixtures) made to the Licensed Premises by or on behalf of LICENSEE. 4. The Board of County Commissioners reserves the fight to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to LICENSEE. Said notice shall be effective upon actual receipt by LICENSEE. If LICENSOR terminates this for the convenience of LICENSOR (not for cause) prior to the first thirty-three (33) years of this agreement, LICENSOR will pay LICENSEE the actual costs of the original construction of the tennis court and other originally installed permanent fixtures, if any, minus straight- line depreciation based on an agreed upon assumed useful life of three hundred and ninety-six (396) months (commencing on July l, 2002). [As an example, if LICENSOR should terminate this License (except for cause) in the 6u' month of the 25a year (to wit, in the 306a month) the payment shall be the original construction costs (incurred during the Initial Term) multiplied by 90/396 (or 396 months minus 306 months).] 5. There shall be no fees charged for use of the Licensed Premises by LICENSEE. ARTICLE 3. Commitment LICENSEE agrees that: 1. Any member of the public may join the Isles of Capri Civic Association and thereby have use of the tennis court as a tennis court. 2. The LICENSEE shall deliver to the Licensor's Public Services Administrator (with a copy to the Water Department Director) the f'mal construction schedule not less than thirty (30) days prior to commencement of construction to ensure conflicts do not exist with the regular maintenance of the Water plant facility. When the tennis court is completed, and before the Certificate of Occupancy is issued, LICENSEE shall deliver to LICENSOR the total costs to construct the tennis court. Such costs shall be the basis for reimbursement pursuant to paragraph 4 of ARTICLE 2. Agenda. JUn 002 LICENSEE shall strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements; and Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. LICENSEE shall be responsible to pay for and obtain all permits and other applicable permissions to construct the improvements. ARTICLE 4. ~ 1. LICENSEE accepts the Licensed Premises "as is." LICENSOR makes no promises that the Licensed Premises are suitable for an]t purposes. LICENSOR shall not be liable for any injury to any person(s) or to any propert3' caused by the elements or by other persons at the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works, or otherwise. 2. LICENSOR shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and LICENSEE shall hold County harmless from any claims for damages whatsoever, except if such damage or injury is the result of gross negligence or willful misconduct of LICENSOR or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify Licensor's Public Services Administrator if any condition occurs to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present at the Licensed Premises during any effective term of this License. ARTICLE 5. Default by LICENSEE 1. Failure of LICENSEE to remedy each and every non-compliance with this Agreement within thixty (30) days (or such additional specified time as in the judgment of LICENSOR) is reasonably needed to correct the respective non-compliance) after receipt of the notice to correct, shall constitute a material default of this License, whereby LICENSOR may, at its absolute discretion, terminate this License by giving LICENSEE written notice of the termination. Any of the following events shall constitute a material default by LICENSEE. If LICENSOR terminates this LICENSE for cause, LICENSOR shall owe LICENSEE nothing, and may elect to retain title to all improvements to the Licensed Premises at no cost to LICENSOR. (a). Failure of LICENSEE to promptly deliver to LICENSOR any information requested from LICENSEE by LICENSOR that is in the judgment of LICENSOR is then relevant to this License, including information related to original cost depreciated (per paragraph 4 of ARTICLE 2). (b). Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (c). Violation of any law or any Collier County Ordinance. (d). Failure of LICENSEE to be an active Florida Corporation. 2. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, LICENSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public wa~honse or elsewhere at the cost of and for the account of LICENSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 6. Obligations by LICENSOR LICENSOR shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 7. NOtiCeS Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LICENSOR: Board of County Commissioners c/o Real Property Management Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LICENSF~: Isles of Capri Civic Association c/o President 30 West Pelican Street Naples, Florida 34113 Agenda JUN 200?. cc: Office of the County Attorney Administrator, Public Services Each party shall notify the other party in writing of any change(s) of the respective party's mailing address. ARTICLE 8. Surrender of Premises; Future Lease of the Licensed Premises t9 LICENSEE LICENSOR, at no cost to LICENSOR, may demand that LICENSEE remove all signs installed by or on behalf of LICENSEE immediately upon expiration of this License and shall deliver up and surrender to LIC'ENSOR possession of the Licensed Premises. ARTICLE 9. General Provisio 1. LICENSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which would interfere with or adversely affect the operation or maintenance of LICENSOR'S operations where any such operations share common facilities or otherwise. 2. Rights not specifically granted the LICENSEE by this License are hereby reserved to the LICENSOR. ARTICLE 10. Effective Date This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICDE 11. Governing Law This License shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LICENSEE: ISLE OF CAPRI CIVIC ASSOCIATION, INC. DATED: FIRST WITNESS (signature) (print/type name) SECOND WITNESS (signature) (print/type name) BY: .(L.S.) NANCY DEVOLDER, President AS TO LICENSOR: DATED: AWFEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COLFNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COL,E'~A, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ,o J U N 2002 Pg. ~ __ '~o r- PIN___ :z --' ;,~VbYOxS Wl!H CA!~ AS,',P 53'40 L i 40.00' ,-'nIHr-'~' COUN''V PARKc :~,;, J TC'x'.OCRAPH!C RAN'-'c SOU 'i' ;4, I SHEEr 'flrLE: BOU,...;D,,:;'v ?OWNSHI? DRAW"; BY' AND WI! Z ; O C ?~,TE: f F;~OjFcT NO. tx,', I F,F EXECUTIVE SUMMARY APPROVE A TRANSFER OF ADDITIONAL, UNCOMMITTED TOURIST TAX REVENUES COLLECTED IN CATEGORY C (MUSEUMS) OF $224,100 TO PARTIALLY RESTORE THE COLLIER COUNTY MUSEUM'S BUDGET IN FISCAL YEAR 2003. · OBJECTIVE: That the Board of County Commissioners approve the transfer of ~ditional, uncommitted tourist tax revenues collected in Category C (Museums) in the amount of $224,100 to the Collier County Museum's budget in Fiscal Year 2003. CONSIDERATION: On November 27, 2001 the Board reduced the Museum's Fiscal Year 2002 operating budget and budgeted reserves by $300,300 in anticipation of a downturn in local tourism and a predicted shortfall in tourist tax revenues. The local tourist economy has since recovered sufficiently from the tragic events of September 11, 2001 to restore approximately $224,100 of the original $300,300 budget reduction, using non-specific museum funding that was collected under the prior TDC Ordinance. On May 28, 2002 the Board recommended that this non-specific museum fund be dispersed among both County funded and non-County funded museums according to their budget requests for Fiscal Year 2003. For FY 03 the Board approved $25,000 for Marco Island Historical Society and an additional $24,600 to bring total TDC funding for the Naples Botanical Garden to $500,000. In the County-funded museum category, the remaining balance would be transferred to the Collier County Museum system to be expended in FY 03 as follows: · Required 5% to reserves. (10,700) · Initiate Phase I of site improvements and underground utilities for the Roberts Ranch facility in Immokalee. ($84,900) · Replace carpeting in the Museum's public areas, offices and research library. Replaces original carpet installed in 1986. ($20,500) · Initiate fabrication of permanent educational and interactive exhibits at the Museum's main facility, with special emphasis on displays to commemorate Collier County's 80th anniversary in 2003. ($65,000)' · Initiate fabrication of permanent educational exhibits at the Museum of the Everglades in Everglades City, with special emphasis on displays to commemorate the 75th anniversary of the building of the Tamiami Trail in 2003. ($43,000) AGENp, A ,~. NO. /~ JUN 2 5 ZOO2 The TDC unanimously approved this item at its meeting on June 18, 2002. FISCAL IMPACT: Board approval would reduce non-specific museum Tourist Development Fund (193) Fiscal Year 03 reserves by $224,100 and transfer that amount to the appropriate County Museum cost centers in Fund 198. GROWTH. MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the transfer of additional, uncommitted Tourist Tax revenues collected in Category C (Museums) in the amount of $224,100 to the Collier County Museum's Fiscal Year 2003 budget. SUBMITTED BYS .~ --~ / o use¢ ector ~PRO~D BY: John~nn~, ~fi~nistrator Division o~ic Services Date: Date: AGENDA I TF.,..M No.. I~"~ ~ JUN 2 5 Z00Z Pg.. ~ EXECUTIVE SUMMARY AUTHORIZE THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM IN THE AMOUNT OF 250,000.00. Objective: That the Board of County Commissioners authorize the Collier County School Board to provide prepared food for the summer food service grant program. Consideration:The Collier County School Board has successfully provided meals to the Parks and Recreation Department since the inception of the Summer Food Grant program eighteen (18) years ago. Once again the Collier County School Board has agreed to provide meals that meet or exceed State requirements at a competitive cost of $2.00 per lunch and $1.25 per breakfast. The County will pay for the initial funding of the meals, but will receive 100% reimbursement from the State grant funds. The summer food service program ensures that children will receive the same high quality meals during the summer as provided during the school year. The grant offers free meals to children eighteen years and under in areas that qualify under the National School Lunch and School Breakfast Program. Immokalee and Everglades City are one hundred percent eligible for the Summer Food Service Program while the Naples area varies based on census tract income levels. Growth Management: No effect on Growth Management. Fiscal Impact: The program is budgeted under the FY02 Food Grant Fund (:1.19) ±n the amount; of $461,900, of which approximately $250,000 will be paid to the School Board. The State will reimburse the County for 100% of expenses. Recommendation: Staff recommends that the Board authorize the Chairman to sign the agreement. The agreement has been reviewed and approved by the County Attorney. Prepared by: Reviewed and Approved by: Reviewed and Approved by: James Fitzek, Operations Manager Department of Parks and Recreation 1Viarla R~ns~y, l~i~t~- -/' D~e~reation Jc}~n Dunnuck, Administrator I~vision of Public Services Date: Date: Date: COLLIER COUNTY PARKS AND RECREATiON DEPARTMENT MEMORANDUM OF AGREEMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (Schools), whose address is 3710 Estey A venue, Naples, Florida 34104, agrees to furnish approximately 6,000 meals per day to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116. Meals will be prepared and be available for pick up by the Sponsor at Naples High School, Immokalee Middle School and Village Oaks Elementary School in accordance with a mutually agreed schedule. The estimates for meals are: 6,000 lunches per day at $2.00 per lunch. 1,000 breakfasts per day at $1.25 per breakfast. Each meal is to meet the specifications as set forth by the USDA Summer Food Program Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on July 8, 2002 and continue until July 31, 2002, unless the program is terminated earlier by either party. Additional food and supplies may be sold to the Sponsor between June 6, 2002 and August 9, 2002 at the Schools' cost plus one per cent (1%) per case. The Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any USDA donated commodities and all federal and state meal reimbursement. The Schools shall prepare an in voice for all meals received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days. The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The Sponsor shall hold the Schools harmless for safe food handling subsequent to receipt of the meals. IN WITNESS WHEREOF: The parties hereto have caused this agreement to be executed by their duly authorized officers. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY BY Jim Co/ella, Chairman Witness f~/r School Board Witness for School E(oard THE DISTRICT SCHOOL BOARD of COLLIER COUNTY An~e Goodnig~ht, Chair Approved as to form and legal sufficiency: Agend ! m J U N 2 5 2002 EXECUTIVE SUMMARY APPROVAL OF AN ASSIGNMENT OF GROUND LEASE AGREEMENT BETWEEN PRIMECO PERSONAL COMMUN_I_C._A.T.I~ONS, L.P., NOW KNOWN AS VERIZON WIRELESS COMMUNiCATION~ AND CLEARSHOT COMMUNICATIONS, INC., AND SECURE APPROVAL OF A FIRST AMENDMENT TO GROUND LEASE AGREEMENT WITH CLEARSHOT COMMUNICATIONS, INC. WITH AN iNCREASE IN ANNUAL RENT IN THE AMOUNT OF $7,200. OBJECTIVE: Approval of an Assignment of Ground Lease between PrimeCo Communications, L.P. now known as Verizon Wireless Communications and Clearshot Communications, Inc. and secure approval of a First Amendment to Ground Lease Agreement with Clearshot Communications, Inc. CONSIDERATIONS: On May 27, 1997, the Board of County Commissioners approved a Ground Lease Agreement with PrimeCo Communications, L.P. now known as Verizon Wireless Communications ("Verizon"), in order to construct a monopole communications tower upon County-owned property located at Vineyards Community Park. At this time, Verizon has requested to assign their Ground Lease Agreement to Clearshot Communications, Inc. The attached Assignment of Ground Lease Agreement transfers the responsibilities contained in the lease to Verizon. In addition to the Assignment of Ground Lease Agreement, Clearshot has requested additional ground space totaling 270 square feet in order to accommodate additional equipment. Clearshot has agreed to pay $7,200 per year for the additional space in addition to the annual rental amount now being paid in the amount of $24,000, making the new rental amount of $31,200. Along with the increase in annual rent, Clearshot has agreed to provide Collier County with a one-time monetary contribution of $10,000. The Real Property Management Department and the County Attorney's Office have reviewed and approved the attached Assignment of Ground Lease Agreement and First Amendment to Ground Lease Agreement. FISCAL IMPACT: The increase in annual rent of $7,200 plus the one-time contribution of $10,000 shall be deposited into MSTD General Fund (111), Vineyards Community Park. GROW"TH MANAGEMENT IMPACT_: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this transaction with Clearshot Communications, Inc., and authorize its Chairman to execute the attached Assignment of Ground Lease Agreement and First Amendment to Ground Lease Agreement following the execution of the documents by the tenant and pending final review by the Office of the County Attorney. Agenda Itp .o. ? Pg .... / _ James Fitzek, Operauons Manager ,.Department of Parks and Recreation De')artment of Parks and Re~x~tion Reviewed and Approved by: Reviewed and Approved by: Je D~ Dunnuck, Administrator ision of Public Services Date: Date:~Z._ Aglnd. a, ~o. //, t.., ~- JUN 2'~ 2002 Lease #823 FIRST AMENDMENT TO GROUND I.F. ASE AGREEMENT THIS FIRST AMENDMENT TO GROUND LEASE AGRF~F-MENT entered into this ~ day of , 2002 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COI.I.I~.R COUNTY, whose mailing address is 3301 East Tumiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR" and CLEARSHOT COMMUNICA~ONS, LLC whose mailing address is 7 Great Valley Parkway, Suite 129, Malvem, PA 19355, hereinafter referred to as "TENANT". WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and Clearshot Commumcations, I.J_,C, formerly known as Verizon Wireless Communications, and formerly PrimeCo Personal Communications, L.P., have previously entered into a Lease Agreement dated May 27, 1997; WHEREAS, the OWNER and TENANT are desirous of mending the Ground Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Ground I2.ase Agreement dated May 27, 1997, and Ten Dollars ($10.00) and other valuable consideration, said Ground Lease Agreement is hereby amended as follows: 1. Article 1. B. of the Ground Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its place: OWNER hereby leases the LEASED AREA to TENANT. This Lease is not a franchise under any law, role or regulation. The LEASED AREA comprises approximately 270 square feet of land, plus an access easement thereto/both are as shown on the attached Exhibit A2. 2. The following provision shall be added to Article 3. A. of the Lease: Commencing July 1, 2002, TENANT shall pay, as additional rent reflecting the increase in square footage at the LEASED AREA, the sum of Seven Thousand Two Hundred ($7,200.00) per year in addition to the rental mount specified in the original Lease Agreement dated Mary 27, 1997, and shall continue to pay said additional rent throughout the life of this lease under the provisions as stated in Article 3.A. In addition to the increase in annual rent, TENANT agrees to pay OWNER a one-time contribution of Ten Thousand Dollars ($10,000.00) at the execution of this Amendment. 3. Except as expressly provided herein, the Ground Lease Agreement between Collier County and Clearshot Communications, LLC, for the utilization of the LEASED AREA described in said Ground Lease Agreement dated May 27, 1997, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. Agend4~ il:em. No. )t.,D /,~ JuN 2 'IN wrI2qESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, CO! I~R COUNTY, FLORIDA BY: Deputy Clerk BY: JAMES N. COLETrA, Chairman AS TO THE LESSEE: DATED: Witness (Signature) (Print Name) Witness (Signature) (Print Name) CLEARSHOT COMMUNICATIONS, LLC Print Name and Title Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item ~ · No. I ~D yL EXISTING PRIMCO LEAS[ .eR[.& ~ 24'x50' LEASE PARCEL PROPOSED ~0'X36' SHELTER FENCE ENCLOSURE EXISTING PATH 10' W~0E ACCESS C.~TE -- PROPOSE0 ACCESS UTE mN 4' EXISTmNG EXISTING 4' HIGH  ~ENCE 150' MON0POLE WITH 6OOAMP SERviCE TROUGH (NO SC. AL[: l/R° ,.~ 1'-0' , -<,,. [ NEXTEL 10.0' ~ WIRELESS ONE BELLSOUTH 48,.30 w. KENNEDY BLVD SUITE 340 TAMPA. FL 33609 PHN: (813) 25P-,- 2588 JUN 2 5 2002 WIRELESS 5445 MARINE~ ST SUITE ,3!; TAMPA. FL .35609 C)A~rC: ASSIGNMENT OF GROUND LEASE AGREEMENT Lease #878 This Assignment of Ground Lease Agreement is dated this of , 2002, by and between PfimeCo Personal Communications, L.P., now known as Verizon Wireless Communications, hereinafter referred to as "Assignor", and ClearShot Communication, Inc., hereinafter referred to as "Assignee". In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid on this day, Assignor hereby assigns all its fights, interest and obligations in that certain Lease Agreement dated May 27, 1997, by and between Assignor as Lessee and the Board of County Commissioners of Collier County, Florida, as Lessor, to Assignee. Assignee, being ClearShot Communications, Inc., does hereby agree to assume all rights, interest and obligations of Lessee under said Lease. Exhibit A, the Ground Lease Agreement dated May 27, 1997, is attached hereto and made a part hereof this Assignment of I~ase. IN WITNF_3S WHEREOF, the parties have executed this Assignment the date first written above. ASSIGNOR: PRIMECO PERSONAL COMMUNICATIONS, LP.. Now known as VERIZON WIRELESS (Signature) (print or type name) (Signature) (print or type name) BY: DATE EXECUTED: (Corporate seal) wrrNESSES: (Signature) (print or type name) (Signature) (print or type name) ASSIGNEE: CLEARSHOT CO--CATIONS, INC. BY: DATE EXECUTED: (Corporate seal) Consented to this day of ATTEST: DATED: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: ThomastC. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO! J.I~R COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman No. JUN % GROUND LEASE AGREEMENT Site: 63028 - Vineyards Com~nunity Park (Naples) THIS GROUND LEASE AGREEMENT ("Lease"), is entered into effectively on the,~X, day of '-~)~ , 1997, the ("Commencement Date"), and between the two parties. Colher County ( OWNER. ) and PnmeCo Personal communications, L.P., a Delaware limited partnership ("PCS" or "TENANT"). The parties agree as follows: 1. The Property: Owner's Property; The Leased Area; And Tenant's Property. A. OWNER owns a parcel of land that has the following address: 6231 Arbor Boulevard, City of Naples, County of Collier, State of Florida, herein called ("OWNER's Land"), which is shown on attached Exhibit Al. PCS is in the communications business and desires to lease land and an access easement thereto, referred to herein collectively as the LEASED AREA. OWNER's property is a parcel of land that is larger in area than the LEASED AREA. The LEASED AREA is a part of OWNER's Land. All personal property brought onto the LEASED AREA by or on behalf of PCS is referred to herein as "TENANT's Property." Any personal property brought onto the LEASED AREA by OWNER or on behalf of OWNER is referred to herein as "OWNER's Property." Any property brought onto the LEASED AREA by any third party is referred to herein as "Third Party Property." B. OWNER hereby leases the LEASED AREA to PCS. This Lease is not a Franchise under any law, rule or regulation. The LEASED AREA comprises approximately One Thousand (I,000) square feet of land: a fifty (50) foot by twenty (20) foot parcel, plus an access easement thereto; both are as shown on the attached Exhibit A2. C. OWNER and PCS hereby agree that the LEASED AREA may be surveyed by a licensed surveyor at PCS' costs, which survey may replace Exhibit A2 and become a part hereof and shall supersede the first Exhibit A2 in the event of any discrepancy between such survey and the description of Paragraph I.B., above. 2. Lease: Access Easement. OWNER hereby grants to PCS a non-exclusive access easement (during the entire life of this Lease) for free access to the LEASED AREA seven (7) days a week, twenty-four (24) hours a day. No above-ground structures shall be constructed in the access easement. 3. Lease Term And Rent. A. RENT PAYABLE IN MONEY. This Lease has an initial term of fifteen (15) years from the Commencement Date. The annual rent shall be Agenda Item. No.~ UN 2 5 2002 Fourteen Thousand Dollars ($14,000.000), pro-rated at $1,167 per month. The rent shall be paid annually in advance, beginning on the Commencement Date, and thereafter not later than each anniversary date thereof. Rent shall be paid to OWNER (or as OWNER may otherwise direct from time-to-time in writing at least 30 days.before the respective next rent payment date). Prior to and until the first day of the month following commencement of delivery of any of PCS' property onto the LEASED AREA, the Annual Rent shall be One Hundred Dollars ($100.00), twelve (12) months of which shall be prepaid in advance. Any unearned balance shall be credited against PCS' first payment of $14,000.00. In the unlikely event that PCS has not delivered any property to the LEASED AREA prior to the first anniversary date of this lease, PCS may either terminate this Agreement upon written notice to Owner, without further obligation or liability; or may allow this Agreement to remain in full force and effect provided if this Agreement remain in effect, the $100.00 per month rent shall automatically increase to $14,000 per year, payable in full not later than the first anniversary date of this Lease. PCS shall throughout this lease pay OWNER a late payment charge equal to five percent (5%) of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue interest of two percent (2%) per month or the highest interest rate then allowed by law, whichever is higher, which interest shall be paid by PCS to OWNER. As additional one-time consideration for the execution of this Lease by OWNER, PCS will pay OWNER the sum of ten thousand dollars ($10,000.00) to be used by OWNER to make improvements to OWNER'S LAND. B. CASH DEPOSITS BY TENANT. PCS shall also at that time deposit with OWNER a refundable security deposit of two month's rent (initially $2,334.00) and a deposit of ten thousand dollars ($10,000) that may be used by OWNER in the event that PCS breaches this Lease and such breach causes OWNER to incur expenses that would have not been incurred but for PCS' breach of this lease, especially regarding removal of any of PCS' property from the LEASED AREA. If in time OWNER deems such $I0,000 deposit, with accrued compounded interest thereon, to be insufficient to insure the necessary funds to be available to remove all of PCS' property from the LEASED AREA, /PCS shall increase that deposit as demanded in writing by OWNER. OWNER shall have all right and title to interest that may accrue on all deposits. If the parties hereto should enter one or more other leases at one or more other sites, this deposit may be applied by OWNER to any one, more, or all of the other sites. C. LEASE EXTENSIONS. This Lease may be extended by mutual agreement for a five (5) year extension period at the end of the initial term of fifteen (15) years l:rovided that, not more than three hundred and sixty (360) days prior to the last day of the fifteenth (15th) lease year and not less than one hundred and eighty days (180) prior to that date, PCS advises OWNER in writing of PCS's intention to extend the Lease and commence negotiations. Failure to supply such written notice shall operate as a termination of this Lease effective on the last day of the fifteenth (15th) lease year. If the Lease, by mutual agreement, is extended beyond the fifteenth (lYh) year, the existing base rent for the fifteenth (15th) lease year shall be increased by at least twenty percent (20%) and the mutually agreed upon sum shall be the base rent for the sixteenth (164) lease year through the twentieth (20'h) lease year, unless agreed otherwise. Subject to OWNER'S timely receipt of such written notice of PCS's intention to extend and negotiate, OWNER Agenda Ite~ No.~ ~ JUN 2 5_.2602 and PCS will negotiate in good faith to come to mutual agreement regarding terms and conditions of the extended lease, which will be applicable as of the first day of the sixteenth (16th) lease year. If the parties do not mutually agree to extend the lease on or before the last day of the fifteenth (15t~) lease year, the lease shall terminate on the last day of the fifteenth lease year. D. RENT INCREASES AT END OF FIFTH LEASE YEAR AND AT END OF TENTHLEASE YEAR. Effective on the first day of the sixth lease year, the annual rent shall be increased as follows: The existing base rent for the fifth lease year shall be increased twenty percent (20%). The resulting figure shall be the base rent for the sixth lease year through the tenth lease year. Likewise, effective on the first day of the eleventh (11th) lease year, the annual base rent for the tenth year shall be increased by twenty percent (20%). The resulting figure shall be the base rent for the eleventh (11'h) through the end of the fifteenth (15th) lease year. 4. Use Of The Leased Area. A. PCS shall use the LEASED AREA to construct, remove, replace, maintain, secure and operate its communications facilities, consisting of one (1) monopole communications tower that shall not exceed a height of one hundred twenty-five (125) feet above ground level, exclusive of any antennas that may be installed thereon, plus antenna support structures and/or related facilities to be constructed on the ground within the LEASED AREA, to license part thereof to third parties, and for any other lawful uses directly related thereto. No antenna installed on the tower shall exceed a height of one hundred forty (140) feet above ground. Subject to other provisions regarding approvals and technical specifications related thereto, any and all antenna arrays (including those of third parties) may from time-to-time be modified, added to, or substituted. Each structure may be configured as requested by PCS from time-to-time, provided PCS, at its sole expense, obtains all permits and approvals required by all applicable jurisdictions, including OWNER, for each configuration. B. PLANS REVIEWBY OWNER. OWNER shall have the right to review and approve plans for any and all improvements installed within the LEASED AKEA, which approval shall not be unreasonably withheld or unreasonably delayed. Prior to commencing any construction, PCS (and each third party licensee) shall submit a copy of plans and specifications for all improvements to OWNER for review and approval. No improvement, construction, installation or alteration shall be commenced until plans for such have been approved by OWNER and permits have been issued to authorize such construction. Such plans shall include, if applicable to the improvement, fully dimensional site plans that are drawn to scale and show: (i) the proposed location of the antennas and equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height of fencing; (iv) the proposed color of all structures, including fencing; and, (v) the proposed type of construction for all structures, including fencing, and any other details that OWNER may request. Ail improvements shall be constructed in a workmanlike manner and shall be completed in compliance with all applicable laws, rules, ordinances and regulations. Improvements to or within the LEASED AREA (and within the easement access area) shall be at no expense to OWNER. PCS and all Licensees shall maintain all of their improvements in a reasonable Agend.a It~ JUN 2002 condition throughout the life of this Lease to the reasonable satisfaction of OWNER. TENANT shall allow OWNER flee access to its own personal property within the LEASED AREA at all reasonable times that OWNER desires such access. In the event that OWNER may be required by law to install other personal property within the LEASED AREA, OWNER reserves the right to do so free of charge provided such property does not materially harm the use of the tower by PCS or by any third party licensee. OWNER has no knowledge of any potential requirement to install any such property within the LEASED AREA. As the LEASED AREA is in a park, landscaping and security fencing are of particular concern to OWNER; therefore, PCS shall be required to install, repair, and maintain landscaping and security fencing to the reasonable satisfaction of OWNER. C. THREE COMMUNICATIONS SYSTEMS. The tower and all other facilities shall be designed and constructed so as to accommodate at least three (3) separate communications systems. PCS shall have the exclusive right to use the portion of the tower above 110 feet above ground level ("AGL") PCS hereby grants to OWNER the option (by license) to utilize, free from the payment of any rent, that portion of the tower between 90 feet AGL and 110 feet AGL. OWNER may advise PCS at any time(s) of OWNER'S desire to use such area, but OWNER shall not be required to make its decision(s) regarding its use of that area except in response to a bona fide offer from a Third Party to PCS to license that space. OWNER may take up to sixty (60) days from the receipt of notification by PCS that an offer from a Third Party has been received, which notice shall describe the offer in detail, to make its decision. If OWNER decides that it does not desire to use space for its own needs or for the use and benefit of any other Users, OWNER will not exercise its option to use that space and that decision shall release that space to PCS for licensure to that Third Party. These valuable assets are to be used and shall not be reserved for remotely possible future uses. PCS shall license the remaining area on the tower, (and such ground space as is then required) to a Third Party on such lawful and reasonable terms and conditions as chosen by PCS. If the space that is subject to Owner's option is licensed to a Third Party and that license comes to an end, that circumstance shall automatically reinstate OWNER's option to elect to use that space, which option OWNER may the exercise or may wait until there is another offer from a Third Party to use that space. If OWNER decides to use that space, OWNER shall be required to meet the terms of the offer from the Third Party, except the total amount of rent and/or other payments that OWNER must pay to PCS shall never exceed the rent then payable to OWNER by PCS. In the event OWNER desires to install equipment on the Tower, OWNER, at OWNER's expense, shall submit to PCS the following: (a) detailed site plans as well as plans and specifications setting forth the proposed antenna and other equipment and construction, installation, and other work to be performed on the Tower and LEASED AREA; and (b) a list of all frequencies currently or anticipated to be licensed or assigned to OWNER by the FCC. If required by PCS, OWNER shall also submit a structural analysis of the Tower addressing the installation of additional antenna and other equipment on the Tower and demonstrating that the installation of such items will not exceed the load capacity of the Tower. OWNER shall not install any equipment or commence any work on the Tower or the LEASED AREA until PCS approves, in wa/ting, the OWNER's plans and specifications, frequencies, and structural analysis, if any; such approval to be given in PCS' reasonable discretion. 2002 D. THIRD PARTY LICENSEES. Each license (which includes each User) shall always be subject to all terms and conditions of this Lease, and each license shall be subject to review and approval of PCS. OWNER has the right, but not any duty; to review each proposed license. Use of the tower and site by OWNER and each third party shall be subject to written approval by PCS upon such reasonable terms and conditions as may be required by PCS. PCS makes no representations to OWNER or to any third party that the LEASED AREA, the tower or/or any other thing will be suitable for OWNER's needs or the needs of any third party, and PCS has no obligation to modify any facility to suit OWNER's needs or the needs of any third party. Each Licensee shall be solely responsible for the cost of locating and placing its property onto the tower and into any ancillary structures on site. Each Licensee shall also be responsible for any liabilities that may arise from that Licensee's use of any part of the LEASED AREA, including the tower. PCS shall promptly notify OWNER in writing of all license requests which PCS receives for use of the Tower or any other part of the LEASED AREA. i. The third party, at the third party's expense, shall submit to PCS the following: (a) detailed site plans as well as plans and specifications setting forth the proposed antennas and other equipment, the height and location of such antennas and other equipment, and the construction, installation and other work to be performed on the Tower and LEASED AREA; and (b) a list of all frequencies currently or anticipated to be licensed or assigned to the third party by the FCC. If requested by PCS, the licensee shall supply to PCS a structural analysis of the Tower addressing the installation of additional antennas and other equipment on the Tower by the third party and demonstrating that the installation of such antennas and equipment will not exceed the load capacity of the Tower. The third party shall not install any equipment or commence any work on the Tower or the LEASED AREA until PCS approves, in writing, the third party's site plans, plans and specifications, frequencies, and structural analysis (if any), such approval to be given in PCS' reasonable discretion. ii. The third party's use of the Tower shall be limited to the antennas and other equipment and frequencies approved and expressly agreed upon in advance by PCS pursuant to paragraph 4. D. i above. iii. The third party's installation, use and occupancy of the Tower and LEASED AREA shall be in continued compliance with all then applicable laws, regulations and requirements of all federal, state, and local authorities, including the FCC. iv. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE REQUIREMENTS. The third party shall assume all risks in connection with the installation, operation, maintenance, repair, replacement and removal of the third party's antennas and all other property located on the LEASED AREA and the Tower. The third party shall maintain commercial general liability insurance insuring against liability for personal injury, death or damage to personal property arising out of use of the Tower by the third party. Such insurance shall provide coverage (in an amount of not less than one million dollars ($1,000,000.00) for bodily injury or death to any one (1) or more persons JUN -2 -2002 ' Pg. t/ _ and in an amount not less than one million dollars ($1,000,000.00) for property damage and shall include a contractual liability endorsement naming PCS as an additional insured on such policies..All insurance policies shall be written with insurance companies qualified to do business in State of Florida and shall provide for thirty (30) days written notice to PCS prior to cancellation. Certificates of such policies shall be delivered to PCS prior to the installation of the third party's equipment. Further, the third party shall reimburse PCS for any damage to the Tower or PCS' equipment, and shall be required to indemnify and hold PCS harmless from any and all liabilig,, claims, demands, actions, losses, damages, orders, judgments and any and all costs and expenses including, without limitation, reasonable attorneys fees and costs, arising from or incurred in connection with claims for injury to persons or property caused by the act or omission of such third party or its respective agents, contractors or employees including, without limitation, the use of the Tower, LEASED AREA or third party's equipment or the breach of any contractual obligation to OWNER or PCS. v. The third party's license to use the Tower may be assignable. vi. PCS shall have the right to have a representative present during the installation of the third party's antennas and other equipment. vii The third party's installation of the third party's antennas and other equipment on the Tower and the LEASED AREA shall be performed on dates and at times and within time frames approved by PCS in writing and shall not interrupt or interfere with the operation of PCS' communications system or PCS' equipment unless PCS agrees to such interruption or interference in writing. E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY. i. PCS shall maintain, repair and replace the Tower, all of its equipment and all other of its personal property to the highest quality construction, repair and maintenance standards during the entire life of this Lease. ii. OWNER shall maintain, repair and replace OWNER's equipment. In order to protect the integrity of the Tower, OWNER agrees that any maintenance, repair and/or replacement performed on the OWNER's Property shall be done in a workmanlike manner consistent with PCS' high quality construction standards. iii. EACH THIRD PARTY shall be required herein and by its respective license agreement to do likewise for ali of its Third Party Property. In order to protect the integrity of the Tower, each third party must in its license agreement agree that any maintenance, repair and/or replacement performed by it or on its behalf of its Personal Property shall be done in a workmanlike manner consistent with PCS' high quality construction standards. iv. NON-INTERRUPTION AND NON-INTERFERENCE. Any maintenance, repair or replacement work performed on OWNER's Property shall not interrupt or interfere with the operation of PCS' communications Agenda_Item .o. !tO 5' UN 2 5 2002 Pg -~ system or PCS' equipment unless PCS specifically agrees in writing to such interruption or interference. v. PLAN REVIEW BY PCS. Prior to the commencement of any maintenance, repair or replacement work on OWNER's Property, OWNER shall submit to PCS for approval plans and specifications of the maintenance, repair and replacement work to be performed. PCS shall have the option to comment upon such plans, specifications and contractor prior to the commencement of any maintenance, repair or replacement work, all at the ProPerty Owners' expense. vi. NOTICE TO PCS. OWNER shall provide PCS with at least forty-eight (48) hours notice prior to any maintenance, repair or replacement work that will require access to the Tower structure or LEASED AREA, unless an emergency exists in which case notice shall be provided to PCS not later than twenty-four (24) hours after access to the Tower structure or LEASE AREA has occurred. PCS shall have the right to have a representative present during any non-emergency maintenance, repair or replacement by OWNER (or Third Party Licensee) that will require access to the Tower or to the LEASED AREA, but not the tower. F. INTERFERENCE. PCS agrees to install communications equipment of a type and frequency which will not cause interference with OWNER's equipment at the LEASED AREA. In the event PCS' equipment causes interference with OWNER's equipment at the LEASED AREA, PCS will take all steps necessary to correct and eliminate such interference at PCS' sole cost and expense. OWNER agrees not to allow any future use of OWNER's equipment or addition and/or modification to any current use of the Tower or OWNER's property that may cause interference with or the improper operation of the Tower, PCS' equipment, or PCS' communications signal or system. In the event that any addition or modification to the OWNER's equipment causes interference with PCS' equipment or communications signal and/or system, OWNER, upon notification of such interference, agrees to promptly remedy such interference at OWNER's expense until such interference is corrected to PCS' sole and reasonable satisfaction. In the event OWNER and PCS cannot resolve such interference problems, OWNER and PCS agree to resolve any interference disputes by arbitration which shall be performed in accordance with the Rules of the American Arbitration Association. The arbitration decision/award shall be binding upon OWNER and upon PCS and may be entered in any court having jurisdiction thereof. OWNER and PCS agree that the costs associated with any arbitration shall be borne by PCS if PCS is the cause of the interference or by OWNER if OWNER is the cause of the interference. G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space to park same within the LEASED AREA, Owner hereby grants to PCS and each future third party licensee, subject to availability of space for same, a bare license with no interest coupled thereto to park their respective motor vehicles on OWNER's Property for short periods of time while the vehicle owner/entity is constructing, removing, replacing and/or servicing its antenna(s) and/or its communications facilities within the LEASED AREA. JUN /.5 _ H. OWNERSHIP OF TOWER AND OTHER PROPERTY. (1) During The Life Of This Leas~: The Tower shall remain the property of PCS during the life of this Lease. Any other property brought onto the LEASED AREA by or on behalf of PCS shall remain the property of PCS during the life of this Lease and after termination of this lease. All property brought upon the LEASED AREA by OWNER shall remain the property of OWNER. All property brought upon the LEASED AREA by any third party shall remain the property of that third party during the life of this Lease and after expiration or termination of this Lease except as may be specified otherwise in the respective control, ling license agreement for the subject property of that third party licensee. (2) At Expiration or Termination of Lease~: Upon expiration or termination of this Agreement, PCS shall, at no cost to OWNER, remove the tower and all of its other property from the LEASED AREA unless OWNER directs otherwise to PCS. If the termination or expiration of this Lease occurs before an extension into the eleventh lease year (See Section 3 (C)), and if OWNER elects to acquire ownership of the tower, Owner must pay to PCS the then depreciated book value of the Tower. If this lease expires or is terminated after the Lease is extended into the eleventh lease year per Section 3 (C), OWNER may direct to PCS that PCS shall not remove the tower from the LEASED AREA, whereby Tower shall thereby automatically, at no cost to OWNER, become the sole property of OWNER, and PCS, upon removal of all of its other property from the LEASED AREA, shall then have no further duty or responsibilities with regard to the tower. (3) Third Par.ty Licensees: Each license from PCS to each third party shall specifically require that at the end of this Lease each third party shall immediately remove all of its property from the LEASED AREA. All property removed by PCS or third party shall be removed by or on behalf of its then owner without delay and at no cost to OWNER. Removal of all property by or on behalf of PCS and each third party licensee shall be done in a workmanlike manner and the LEASED AREA shall be restored by PCS to its original conditior~, normal wear and tear excepted. OWNER may, however, then grant to a respective third party a license to remain on the Tower and/or the LEASED AREA, in which event the property of the third party licensee may remain in accord with such license. (4) ]3..i11_o5.,5a~: In the event that OWNER desires to acquire ownership of the tower, for record keeping purposes and County property inventory control purposes, PCS will, at no cost to OWNER, convey to OWNER a Bill of Sale for the Tower. Absent a controlling law to the contrary, failure to convey the Bill of Sale shall not, however, affect the total automatic transfer of title to the Tower to OWNER. 5. Early Termination Of This Lease By PCS. If any of the following events (paragraphs A through E) occur, PCS has the right to immediately terminate this Lease by giving written notice to OWNER of such termination before three hundred and sixty-five (365) days of the Commencement Date. Ag~nd~ JUN 2 8 A. PCS determines, in its sole discretion, that it will be unable to obtain all necessary Governmental 'Approvals for PCS' intended uses of and improvements to the LEASED AREA as desired by PCS; or B. PCS' application for any Governmental Approvals necessary for PCS' use of the LEASED AREA and/or TENANT's Property and improvements desired by PCS is denied; or C. Any Governmental Approvals necessary for PCS' use of the LEASED AREA and/or improvements to the LEASED AREA, whether now or hereafter desired by PCS, have been canceled, have expired, have lapsed or have otherwise been withdrawn, terminated or denied so that PCS, in its reasonable judgment, determines that it will no longer be able to use the LEASED AREA for PCS' intended uses; or D. The Federal Communications Commission ("FCC") allocates the frequencies at which PCS may operate the subject antennas and related equipment and may from time to time change such frequencies. Any change of this nature that, in PCS' reasonable judgment, renders its operation of a wireless communications facility at the LEASED AREA obsolete; or E. If PCS determines that the LEASED AREA has become unsuitable for PCS' operations due to changes in system design or network design or in the types of equipment used in such operations, or PCS' operations at the Property become unprofitable. F. Any timely termination notice delivered to OWNER by PCS shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the OWNER under this Lease. G. OWNER shall have at its sole discretion the option of terminating this LEASE if PCS conclusively and finally loses its license from the FCC to provide PCS/cellular services for any reason, including, and not limited to, non- renewal, cancellation, or expiration of the license. If the loss of the license is not due to any fault of PCS, and OWNER desires to own the tower and/or other facilities, OWNER shall pay to PCS the then depreciated book value of the tower (and any other facilities that may be conveyed by agreement between PCS and to OWNER). If the loss of that license is due to the fault of PCS, including non- feasance, such loss of the license shall, at OWNER's election, forfeit the tower to OWNER. OWNER may terminate this Lease if PCS does not in good faith make and continue to pursue all reasonable efforts to obtain all required permits and construct the planned tower and all necessary related facilities. 6. Assignment And Subletting. A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of PCS (as defined below), PCS shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise. PCS shall not mortgage or pledge this Lease or any Agenda ~I t e.m. JUN 2 5 of TENANT's property, or any part thereof, nor sublet any part of the tower or other of TENANT'S Property without the prior written consent of OWNER, which consent shall not be unreasonably, withheld or unreasonably delayed. Any assignment or other transfer not authorized by OWNER shall be void ab initio. B. NYNEX, Bell Atlantic, AirTouch Communications, and U.S. West are each currently a Partner Company of PCS. As used in this Lease, an Affiliate of any entity is any corporation fifty-one percent (51%) or more of the stock of which is owned, directly or indirectly, by such entity. A Subsidiary of an entity is any corporation eighty percent (80%) or more of which is owned by such entity. C. No consent by OWNER to any assignment, lease, sublease or any other transfer by PCS shall relieve PCS of any obligation to be performed by PCS under this Lease, whether arising before or after the assignment, sublease or other transfer. The consent by OWNER to any assignment, sublease, or other transfer, shall not relieve PCS from the obligation to obtain OWNER's express written consent to any other or subsequent assignment(s), sublease(s) or other transfer(s). It is contemplated by OWNER and PCS that PCS will license space on the tower for installation of antennas by third parties, and that PCS may license space on the ground to third parties for location of their equipment related to their antennas installed on the tower. D. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of PCS (if PCS is then a corporation) or any sale or other transfer of a majority interest (whether of profits, losses, capital, or voting power) or a majority of the persons composing the managers of the partnership (if PCS is then a partnership), shall not be an assignment for purposes of this Section 6. 7. Utilities. PCS shall be responsible directly to all serving entities for all utility services used at the LEASED AREA. OWNER agrees to cooperate witch PCS in its efforts to obtain utilities from any location provided by the OWNER or by any other servicing utility. 8. Indemnification, Insurance, Assumption Of Risk. A. Subject to Paragraph 8.E., PCS hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out off (i) the acts or omissions of PCS, its agents and employees in, on or about the LEASED AREA and/or the easement access area, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER, its employees or agents; and/or (ii) PCS' breach of any term or condition of this Lease on PCS' part to be observed or performed. B. To the extent then allowed by law, and subject to Paragraph 8.E., OWNER hereby agrees to indemnify and hold PCS harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise directly out of: (i) the acts or omissions of OWNER, its 10 Agend~.e~ N 2 5?02 j agents and employees in, on or aboui the LEASED AREA and/or access easement area, excepting, however, such claims or damages as may be due to or caused solely by the acts of PCS, its employees or agents; and/or (ii) OWNER's breach of any term or condition of this Lease on OWNER's part to be observed or performed. C. PCS shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the State of Florida proving that PCS then carries comprehensive general liability insurance with limits of liability thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage together with an endorsement for contractual liability. Such insurance shall name OWNER as an additional insured with respect to the LEASED AREA and with respect to PCS' Property. PCS will provide OWNER with a renewal certificate within ten (10) business days of OWNER's request for such certificate. Any insurance required to be provided by PCS under this Paragraph 8 may be provided by blanket insurance policy covering the LEASED AREA and PCS' Property and other locations of PCS, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. PCS may also fulfill its requirements under this Section 8 through a program of self-insurance. If PCS elects to self-insure, then PCS shall furnish OWNER with a letter stating that said self-insurance program then in effect provides for coverage equal to or greater than that required of PCS herein by private insurance. OWNER cannot be certain that the specific insurance requirements specified in this Lease will be adequate with the passage of time; therefore, OWNER reserves the right to reasonably amend the insurance requirements by issuance of Notice in writing to PCS, whereupon receipt of that Notice PCS shall have sixty (60) days in which to obtain the required additional insurance, unless, for good cause, OWNER requires that such insurance be acquired in less than sixty (60) days. D. OWNER shall provide PCS with a certificate of insurance, issued by an insurance company licensed to do business in Florida indicating that,OWNER carries comprehensive general liability insurance with limits of liability thereunder of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage, together with an endorsement for contractual liability. OWNER will provide PCS with a renewal certificate within ten (10) business days of PCS' request for such certificate. E. Each such policy described in either paragraph (C) or (D), above, shall be written so as to provide that the insurance company waives all rights of' recovery by way of subrogation it may have against OWNER or PCS in connection with any loss and/or damage covered by such policy. The OWNER and PCS agree and hereby release each other with respect to any claim (including a claim for negligence) which the other party may have against such party' for loss, damage or destruction of, or liability for damages to, the LEASED AREA and/or TENANT's property occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of this Paragraph 8.E. shall control. l! Agenda JUN 2 "2002 Pg. ]7 F. ASSUMPTION OF RISK BY PCS. PCS accepts the LEASED AREA "as is." PCS, for its officers, agents, affiliates, contractors, materialmen, suppliers, laborers, and employees (collectively "PCS" for the purposes of this Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the LEASED AREA and on the access easement area, and hereby agrees to indemnify and hold harmless OWNER and all Users against and from any claim asserted or liability imposed upon OWNER or any User for personal injury or property damage to any person (other than from OWNER's gross negligence) arising out of the PCS' installation, operation, maintenance, condition or use of the LEASED AREA and/or the access easement area, or PCS' failure to comply with any federal~ state or local law, ordinance, rule or regulation. 9. PCS Defaults. A. The occurrence of any one or more of the following events shall constitute an "Event of Default" of this Lease by PCS: (1) The failure by PCS to make any payment of rent as and when due. Each rent payment shall be mailed to OWNER via certified mail, return receipt requested, or by any other method where PCS is notified in writing by the cartier that delivery of the rent to the OWNER has actually occurred. OWNER shall have no duty or responsibility to notify PCS of any late payment or of the fact that the payment was less than the full amount then due to OWNER except as prerequisite to declaring PCS to be in default of this Lease. (2) The failure by PCS to observe or perform any of the covenants or provisions of this Lease to be observed or performed by PCS, other than as specified in Paragraph 9.A. (I), where such failure shall continue for a period of thirty (30) days after written notice thereof is received by PCS from OWNER; provided, however, that it shall not be deemed an Event of Default by PCS if PCS shall commence to cure such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to full completion. (3) If PCS abandons or vacates the Property. (4) To the extent allowed by law, if PCS is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if PCS becomes insolvent or OWNER reasonably believes itself to be insecure. B. If there occurs an Event of Default by PCS, in addition to any other remedies available to OWNER at law or in equity, OWNER may elect to terminate this Lease and all rights of PCS hereunder. C. If them occurs an Event of Default by PCS, OWNER shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to enter upon any of TENANT's Property and/or remove persons or property from TENANT's Property, except as needed to accomplish emergency repairs. D. In the event of a material default of this Lease by PCS, OWNER shall have the right, at its option, in addition to and not exclusive of any other remedy OWNER may have by this Lease or by operation of law, without any further 12 JUN 2 2002 demand or notice, to either (a) declare this Lease at an end. If ordered by OWNER, PCS shall immediately remove the tower and its property as specified by OWNER, and PCS shall then pay to OWNER a sum of money equal to the total of (i) the amount of unpaid rent, if any, then accrued through the date of termination; (ii) the amount by which the unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to compensate OWNER for all detriment proximately caused by PCS' failure to perform its obligations under the Lease; or (b) without terminating this Lease, OWNER may relet the tower, for the account of PCS upon such terms and conditions as OWNER may deem advisable, and any moneys received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, real estate commissions paid, if any, and thereafter be applied toward payment of all sums due or to become due to OWNER hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, PCS shall pay OWNER, monthly, any deficiency, notwithstanding that OWNER will have received rental payments in excess of the rental to OWNER stipulated in this Lease in previous or subsequent months, and OWNER may elect to bring an action therefor as such monthly deficiency shall arise. E. No re-entry and taking of possession of TENANT's Property by OWNER shall be construed as an election on OWNER's part to terminate this Lease, regardless of the extent of renovations and alterations by OWNER, unless a written notice of such specific intention is given to PCS by OWNER. Notwithstanding any reletting without termination, OWNER may at any time thereafier elect to terminate this Lease for any such previous breach. 10. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or by 9vernight courier service. Should OWNER or PCS have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from PCS shall be sent to the person listed below to whom notices are sent. PCS: PKIMECO PERSONAL, COMMUNICATIONS, L.P. 777 Yamato Road, Suite 600 Boca Raton, Florida 33431 Attn.: Property Manager Telephone Number: (561) 995-5500 With a copy to: Edward Wholl, Esquire Address: 8875 Hidden River Parkway, Suite. 350, Tampa, FL 33637 Attention: Legal Department Telephone Number: (813) 615-4840 OWNER: Collier County Attention: Franchise Administration Coordinator 13 Agenda it, el~,, JUN 2 2002 Pg. Address: 3301 East Tamiami Trail, Administration Building First Floor Naples, FL 34112 Telephone Number: (941) 774-8577 With a concurrent copy each to: (1) Office of the Collier County Attorney and (2) Collier County's Real Property Management Department. 11. Sale Or Transfer Of The Leased Area By Owner. The LEASED AREA is in a park. OWNER has no plans to sell or otherwise convey away any part of or any interest in any part of the LEASED AREA to PCS or any other person or entity. Should OWNER, at any time during the life of this Lease, sell, lease, transfer or otherwise convey all or any part of the LEASED AREA, to any transferee other than PCS, then such transfer shall be under and, during the entire term of this Lease, shall be subject to this Lease and all of PCS' rights hereunder. 12. Hazardous Substances. A. OWNER has no knowledge that neither OWNER nor any other person or entity has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within any part of OWNER's Property in violation of any law or regulation. OWNER and PCS each agree that they will not use, generate, store or dispose of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within OWNER's Property in violation of any applicable law or regulation. B. OWNER and PCS each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 13. Condemnation. A. Whole Condemnation. Because OWNER is a governmental entity and few condemnors have authority to condemn the LEASED AREA, it is unlikely that the LEASED AREA will ever be condemned. If the LEASED AREA, including without limitation any of TENANT's Property, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall automatically terminate as of the date of the taking, condemnation, or sale. B. Partial Condenmation. If any portion of the LEASED AREA shall be taken or condemned, either temporarily or permanently, for public purposes, or 14 Agend&_It~ JUN 2 20 2 pg. sold to a convening authority under threat of such condemnation to prevent taking, then OWNER agrees that PCS may use and/or construct upon an alternative portion of OWNER's Property that is suitable for PCS' purposes, provided such suitable space is available. The exact site to which PCS may relocate will be determined by OWNER, and it may be any portion of OWNER's Property (or other property owned or controlled by OWNER), provided PCS approves the new site as being suitable for PCS' intended uses. OWNER will designate a site to which PCS may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is suitable for PCS' purposes, then this Lease shall forthwith automatically terminate as of the date of the taking, condemnation or sale. C. Condentnation Award. OWNER shall receive the entire condemnation award for the land and all other improvements as were paid for by OWNER. PCS hereby expressly assigns to OWNER any and all right, title and interests of PCS now or hereafter arising in and to any such award. PCS shall have the right to recover from the condemnor, but not from OWNER, any compensation as may be awarded to PCS on account of the taking of its leasehold interest, moving and relocation expenses, and depreciation to and removal of personal property and fixtures of PCS from the LEASED AREA. 14. Liens. PCS shall keep TENANT's Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of PCS. PCS shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record either by payment thereof or by posting of a proper bond in accordance with Section 713.24, Florida Statutes. No work which OWNER performs or has performed within the LEASED AREA shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of OWNER's consent to any such work. OWNER may, at its election, post notices in the LEASED AREA advising that OWNER it is not responsible for payment for any such work. 15. Fire And Other Casualty Damage To Facilities. If the tower and/or related facilities is/are totally or substantially destroyed by an act or occurrence beyond the control of PCS, PCS may terminate this Lease effective on the date of such occurrence, or PCS may elect to rebuild the tower or construct a simiiar tower. If PCS elects to terminate this Lease under this provision, any unearned rent for the remainder of that lease year shall be refunded by OWNER to PCS provided PCS has not otherwise breached this Lease to the monetary detriment of OWNER or to any User. If PCS elects to rebuild the tower (or construct a new tower) the annual rental shall be reduced to $ 100.00 per month for only the ninety (90) days following the damage date occurrence, at which time the prior existing annual rent shall automatically recommence. 16. Taxes. 15 Agenda ~Ll:em. .o. I .o ¥ JUN 2 S-20 A. This is a net-net Lease as to OWNER. PCS shall be liable for and shall pay to the applicable taxing authority if billed directly to PCS, or to OWNER if billed to OWNER, upon thirty (30) days prior written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures, placed by PCS in or about the LEASED AREA. B. OWNER's Property is not now subject to any real property taxes. Nevertheless, PCS shall pay (as additional rent) real property taxes, if any, that may be levied against the LEASED AREA and/or against OWNER's Property as a result of this Lease and/or any improvements constructed on the LEASED AREA by PCS and/or any licensees other than OWNER. PCS shall not be responsible for any increases in real property taxes which are a result of tax assessment of OWNER's Property due to improvements made by Owner or any third parties acting under Owner. C. If hereafter laws of taxation are altered so that if any new tax, any payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or special assessments are imposed on any of the tangible and/or intangible property, such obligations shall be assumed and be paid by PCS except any such payments directly attributable to communications equipment installed on the site by OWNER or through OWNER. This assumption shall not preclude PCS from contesting any and all such obligations. 17. Quiet Enjoyment And Non-Interference. A. OWNER warrants and agrees that PCS, upon paying the rent and performing all covenants herein provided, shall peaceably and quietly have and enjoy the LEASED AREA, EXCEPT OWNER CANNOT WARRANT OR GUARANTEE TO PCS THAT INSTALLATION OF THE PLANNED COMMUNICATIONS TOWER AND/OR ITS RELATED FACILITIES ARE ALLOWED AND/OR PERMITTED USES OF THE LEASED AREA. It is the opinion of the County Attorney and of attorneys for PCS that the planned uses of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses of the LEASED AREA and are not in violation of any provision in the deed of that area to the County, and are not in violation of any provision of the Planned Unit Development (PUD) Ordinance that applies to the LEASED AREA. All risks of "use" issues are hereby assumed by PCS. Subject to the foregoing, OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the LEASED AREA and has full authority to enter into and execute this Lease and that OWNER knows of no liens, judgments or impediments of title on the LEASED AREA Property ~:hat would affect this Lease. B. OWNER hereby grants to PCS, as a primary inducement to PCS' entering into this Lease, the first priority right to install its antennas and operate its wireless communications facility on the LEASED AREA. From time to time OWNER may grant to other entities a lease or license to install communications towers and/or operate wireless communications facilities on OWNER's Property and/or the right to install antennas in connection with the operation of such facilities or other communications facilities; provided, however, that OWNER shall not allow the operation of any such facilities and antennas by others which interfere with the operation of any antennas and/or equipment in the LEASED 16 i Age.nda _I te_~- / :uN 2 AKEA as it exists at the time of such other occupant's installation or as it may be modified at any time during the term of this Lease, and as the same may be extended. If any such interference occurs, OWNER .agrees to cause the elimination of such interference with operations at the LEASED AREA within a reasonable time after receipt of PCS' notice of such interference and, if necessary, to 'cause the interfering party to modify or cease its operations. If such interference continues for more than thirty (30) days after PCS' notice to OWNER with respect to such interference, OWNER shall require the party causing the interference to modify its use of or cease using such equipment which is causing that interference. ' C. PCS covenants and agrees that PCS' equipment, installation, operation and maintenance at the LEASED AREA and same by any third party licensee will not interfere with the operation of the OWNER's 800 MHz system or OWNER's other transmitted or received radio signals. In the event there is any such interference, PCS will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If PCS is unable to eliminate such interference caused by any such equipment, installation, operation and/or maintenance at the LEASED AREA, PCS agrees to remove the offending antennas from the LEASED AREA and, if the interference cannot be corrected to the satisfaction of OWNER, this Lease shall terminate at the election of OWNER. 18. Estoppel Certificates. A. OWNER, at the request of PCS, shall provide PCS with a certificate stating: (1) whether OWNER has any claim against PCS and if so, stating the nature of each such claim; (2) that OWNER recogni.zes PCS' right to PCS' antennas, equipment and other property at the LEASED AREA; (3) that PCS then has the right to remove PCS' equipment and other property from the LEASED AREA notwithstanding that same may be considered a fixture under Florida law; and (4) that OWNER at the time of execution of the Estoppel Certificate has no legal interest in and affirmatively disclaims any interest to PCS' equip!uent and other property within the LEASED AREA. B. PCS, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified (and shall state the modification(s)); (2) whether or not, to PCS' knowledge, there are then existing any set-offs or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of PCS to be performed or complied with (and, if so, specifying each of the same); and (3) the dates, if any, to which rent has then been paid in advance. 19. Miscellaneous Provisions. A. BROKERS. OWNER and PCS represent to each other that they have not negotiated with any real estate broker in connection with this Lease. B. ENTIRE AGREEMENT. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and PCS, and no verbal agreements or 2002 17 understanding shall be binding upon either OWNER or PCS. Any addition, variation or modification to this Lease shall be ineffective unless made in writing and signed by both of the parties. C. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES. OWNER agrees that the LEASED AREA complies with and during the term of this Lease shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi- governmental authority. Correcting any such non-compliance shall be accomplished arno cost or expense of PCS. D. CONTROLLING LAW. This Lease and all license agreements and other agreements related hereto and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. Any lawsuits that may be brought to enforce any part of this Lease, including any claim for damages, shall be brought in Collier County. E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other directly related agreements shall be binding and inure to the benefit of the parties, their successors and/or assigns. This Lease, and each and every covenant and condition herein, is intended to benefit the LEASED AREA and shall extend to and bind all successors and assigns of the respective parties. F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. No distinction between a condition, a term, a promise or a covenant is intended. G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. H. ALL OTHER INTERESTS SUBORDINATE. This Lease and all of TENANT's property at the LEASED AREA shall during its life always be superior to any mortgage and any other pledge by OWNER and by PCS. OWNER and PCS shall at no cost or expense to the other, execute whatever subordination agreements and/or other instruments as may be required by the other to evidence each subordination. PCS hereby promises that as of the date of execution of this Lease there is no deed of trust, mortgage, or other any other encumbrance affecting this Lease or any property of PCS that may be placed within the LEASED AREA. OWNER promises that there exists no mortgage, deed of trust, or other encumbrance or pledge by OWNER that is superior to PCS' Leasehold interests in this LEASE, and that OWNER shall not knowingly enter into or suffer any such encumbrance to become superior to any of PCS' interests under this Lease. The only possible exception to this promise by OWNER could be an encumbrance that is not avoidable by OWNER as a matter of law. lg I. ATTORNEYS' FEES. If either party institutes any action or proceeding in court to enforce any provision hereof, such as an action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attomeys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. J. FAILURE TO CURE, CURABLE BREACH. If either party breaches this Lease in any manner and fails to commence to cure such breach within thirty (30) days after receiving a written notice from the other party exactly specifying the violation (or if the breaching party fails thereafter to diligently prosecute the cure to completion), then the non-breaching party may enforce each of its rights and remedies under this Lease or provided by law or it may (although it shall not be obligated to do so) cure that breach or perform the breaching party's obligations (on the breaching party's behalf and at the breaching party's expense) and require the breaching party to reimburse all reasonable expenses incurred in doing so, plus interest (from the date such expenses are incurred until reimbursement) at twelve percent (12%) per annum. K. SEVERABILITY. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. L. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other remedies provided for in this Lease, OWNER and PCS shall be entitled to immediate restraint by injunction (or any other appropriate equitable remedy) of any violation of any of the covenants, conditions or provision of this Lease. M. CAPTIONS. The captions of the paragraphs used in this Lease are for convenience of reference only and shall not affect the interpretation of thi's Lease. N. EXISTING LIGHT POLE. The subject Tower will be installed in a location so as to replace an existing light pole at a ball field. The existing light pole shall be removed from the ground by PCS and shall be left on the ground to be moved by OWNER. At no cost to OWNER, PCS will install light fixtures on the Tower to take the place of the now existing lights. Such lights shall be installed at the same height as the existing lights. After installation, OWNER shall be responsible for the maintenance, repair and replacements of the light fixtures. O. GOVERNMENT APPROVALS BY PCS. OWNER acknowledges that PCS' ability to use the LEASED AREA and TENANT's Property for its intended purposes is contingent upon PCS' obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state and/or local authority, including OWNER, for the foregoing uses and improvements to the Property desired by PCS. OWNER agrees to cooperate with PCS in PCS' efforts to obtain such Governmental Approvals and OWNER shall 19 Agenda ~te~ JUN 2 5 20 2 pg. <:~.5~_ take no action that would adversely affect PCS' obtaining or maintaining such Governmental approvals. P. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the execution of this Lease, OWNER shall execute and deliver to PCS for recording a "Memorandum of Lease Agreement" in the form of the attached Exhibit B. END OF TEXT OF LEASE IN WITNESS WHEREOF, OWNER and PCS have duly executed this Lease as of the day and year first above written. ATTEST: DWIGHT E?~OCK CLERK'oF C~.URTS . Depht3(. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~I~OTHY/C. n^NC6CK, CH^~mvL1~ Approved as to Form and Legal Sufficiency: Thomas C. Palmer Assistant County Attorney PCS ("TENANT"} PRIMECO PERSONAL COMMUNICATIONS, L.P. a Delaware Partnership Print Na(ne: [~c_~{ x30. K.q I k~.L~ STATE OF FLQRIDA COUNTY OF .The foregoing Ground Lease was acknowledged before me this 16Jr--~day ~f, .~,1~',~ . , 1997, by i&C~V ~kl~ ,' ~ the t>crll~cc~. ~VCC,W-~' of Primeco Personal Communications, L.P., a Delaware Partnership, who is personally known to me. h Aagree. mentsJ2/4/97groundlease-tcp /Notary 18ublic My Commission Expires.'~~ ~ lC/?7 20 Agend. a Itemr- ! "--uaz4 i J U N 2 S 200~ ' the plat reoorded In Plat Book --16 at Pages 2-5 , P~thll¢ ~ocords Collier Co~mty, Florida subject to tha--~ving covenants a~ rsstr~c~J.ons. By delivery and acceptance of this deed of conveyance Grantor and Grantee respectively acknowledge for themselves and their successors and assigns the following covenants and restrictions which shall bind thee, run with the land, and enure 3: I. .~le la~s conveyed herein shell be us~ for public och~l, p~rk, recreation, o~n Ip~cl, and associa~ 2. ~e o~eru of ~8cts S-3 A~ S-4 (Sch~l Board and Coll~or ~un~y) shall design e,~ conntruc~ the r~d~ay shown as ~ Boulevard on the pla~ of ~o Vineyards v:;,l~ 3. Said design of ~or B~levard shall ~ucl~do · lu~ducapable median a~ tho eastern ln~ersect;.on w~h Vineyards Boulevard. 3. ~u~s S-I end S-2 shell have l~ress and egress access via the road~ay sh~n as Ar~F ~ulevard on ~e ~lak o~ The ~egula~/ons. 4. All landscape easements sh~ on the plat uh~ . be Lnotlll~, considered, 8~ la~scaped by the ~ra~o~ or The Vineyards C~unity Association, Znc., vithin 90 days from ~e ~FGy~ent of any parcel or' 2rec~ ~tting ~ landscape any event not [a~er the~ tva years ~rom ~ recordln~ o~ ~oee restrictions ~n the Public Re~ords of Coll~er Florida. The design and landscaping v!~ln landscape eas~ento abutting Vanderbilt Beach Road as sho~n on the pla~ of The Vineyards Unit 3 shall ~ subJec~ to mutual a~proval by the GFI~OF arid the Ovner of Tract S-3 (School Board) pr~or to ~nitial lna~allation. 5. The O~er of Tract 5-3 (School Boar~& shal~ ~ie into the master wa~er management plan for The V~neyards P~D v~a Arbo~ Boulevard and V~neyards Boulevard a~ no co~ ~o the Grantor. 6. ~e ea~er Ranaqement ~'equ~rements of Track S-4 shall be provided via a 3.5~ acre lake to be designed, constructed. a~ connected to the ~s~er rater management plan o~ Vineyards PUD at ~he exporme of the o~ner cf parcel (Collier County). The location of ~e 3.5~ acre [:,~e shall be within ~z~ ~outherl~ ~200 feet se Tract S-4. ~.~7 managa~t requirements for ~lther parcel S-3 or s-4 no~ met b~ the 3.~ acre lake shall be provided by the Cran~or via ~he ~aster ea~er management plan ~or the Vlne~ard~ PUD. 7. ~y con,traction and use for the purposes si tt~let~c f~ld~ (foof~all, baseball, soccer) shall be substaotiall7 located ~ith~n the nortnerl~ 9~0 feet of Trac~ S-4 and tho ~este=~y 425 fs~t o~ Tract S-3 as sho~n on the plat off the V~ne~ards Unit 3. The o~nero or Tr&ct8 S-J and 5-4 (~c~ool ~R BO0~ P~GE Board a~ Collier county) ~h~l~ ~ot l~gitt a~id flolds for · period of five years from the first data of Col%~er County, Florida, ~ac~ 8-4 In us~ for public park purposes, ~th the except[off of ~e a~ve rerere~ed abhlebLc fields a~ associated facilities, for 20 mon~hs r~om ~he first date of recording o~ k~se restrictions in the ~bllc records or collier County, Florida. 9. The ~ers of Tract S-3 (school ~ard) and ~act (~lller C~ntyJ shall catqse ~e western 42S feet of S-3 to ~ d~gn~ for ~oXn~ use ~ said o~ers rot athletic r~eXdo, ~rk a~ aosocie~eS puUosts. Additionally, the o~eru of ~act S-3 (Sch~l Soard) and ~aot S-4 County) shall ~use those portion~ of ~ac~ S-3 and S-4 which are ad,scent to end near ~e western ~e~i~g of Arbor Boulevard as shown on the plak of the Vineyards Unit 3 to be deslgn~ ~or ~oiflt use h~ said owners gar ~le purposes [nq~elwf egress, pmrk~ng, and utilities necessary to easements for sa~d purposes ~o each other 2o effectuate .o. ¢ JUN 2 5 2002 Pg ~£ Agenda. No.~~ U N 2 § EXECUTIVE SUMMARY, APPROVAL TO SECURE A LEASE AGREEMENT WITH DEVELOPMENT, LTD, FOR OFFICE SPACE TO BE UTILIZED PROGRAM AT ANNUAL RENT OF $;.0,460, PARK EAST BY THE WIC OBJECTIVE: Approval to secure a Lease Agreement ("Agreement") Park East Development, Ltd. for office space to be utilized by the WIC program. CONSIDERATIONS: In August of 2000, the Board of County Commissioners approved a Lease Agreement for an 808 square foot office space in Golden Gate City to be utilized by the WIC program. This office was opened to serve the residents of the Golden Gate area. The current lease space is inadequate to meet the current service demands of the Golden Gate WIC program. Since originally moving to the current location less than 2 years ago, the WIC program experienced an increase of 500 clients a month, up to more than 1,500 monthly. This number is continuing to increase. The site now houses a full time, rather than part-time, nurse to provide immunizations and increased clerical staff from 2 to 3. Additionally, the owners of the current facility are currently under litigation for noncompliance with the Americans with Disabilities Act. The current Lease, which is with Billy Boy Carryout, Inc., provides for a three (3) year term commencing on July 1, 1999 and ending June 31, 2003. However, the lease includes a provision for early termination by providing the landlord with a thirty day written notice. Said notice shall be forwarded upon approval by the attached lease by the Board of County Commissioners. The proposed lease, which consists of 1,364 square feet, shall commence on July 1, 2002. Even though the lease with Billy Boy Carryout, Inc. will remain in effect until the end of July, this over-lapping will assist the County in order to make minor improvements to the new space, set up communications lines and provide ample time for the physical move. The annual rent shall be $20,460.00 for the first year and shall be increased annually, after the first full year of occupancy, by three percent throughout the life of the lease. In addition to monthly rent, the County will be responsible for monthly Common Area Maintenance ("CAM") charges in the amount of $245.52 for the first year and will be increased annually, if deemed necessary, to reflect the landlord's actual operating expenses. Please note that this space would rent for $16.50 per square foot, but the landlord agreed to provide it to the County at $15.00 per square foot. The landlord has requested a security deposit in the amount of $5,115. Staff shall continue to negotiate with the landlord to waive this requirement as stipulated in the landlord's lease prior to the Board's Chairman executing this Agreement. However, if the landlord is not agreeable to waiving the security deposit, staff will be required to issue said deposit. Expenses for the move, minor improvements to the new space, as well as the electrical and telephone utility charges used at the subject property, will be paid ~/ith the Public Health Department's state funding. The attached Agreement has been reviewed by the Real Property Mana(. reviewed and approved by the Office of the County Attorney. ~t~--~~la n d No. 5 JUN 2 5 ZOOZ pg. EXECUTIVE SUMMARY LEASE AGREEMENT WITH PARK EAST DEVELOPMENT, LTD. Page 2 FISCAL IMPACT: If Park East Development, Ltd. waives the payment of the $5,115 secdrity deposit; additional funds will not be appropriated for Fiscal Year 02. However, if the security deposit is required, an additional $5,083 will be transferred from General Fund (001) reserves to the Public Health Department's operating expenses budget. The Fiscal Year 03 proposed budget includes the $20,868 for the lease and common area maintenance, inclusive of the 3% annual increase effective July 1,2003.. The Collier WIC Program does not, at this time, have State approval to expend program funds for space rental in Golden Gate. It is anticipated that such approval will be requested based upon adequate program funding. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease Agreement with Park East Development, Ltd., authorize its Chairman to execute same at a later date pending final negotiations by staff and final review and approval by the Office of the County Attorney, and if necessary authorize a Fiscal Year 2002 budget amendment. SUBMIT-TED BY: '~ John Dunnuck, Public Services Administrator DATE: Agendm item '--'""~ No. lt,,,P--~,~'~ UN 2 5 2002 PARI~VAY PROFESSIONAL CENTRE I.F. ASE AGREEMENT THIS LEASE AGREEMENT is made between Park,East De~,etopment, Ltd. hereafter referred to as "Landlord," whose address for purposes of notice uhdcr this lease:is-5395 Pa& Central.Court, Naples, Florida 34109, and Collier County, a political subdivision of :ne State of Florida hereafter referred to as "Ten,mt," whose address for purposes of notice under this lease is 3301 Tamiami Trail, Naples, FL 34112. WITNESSETH: o Condition Precedent to Lease. The obligations described in this lease are expressly subiect to and contingent upon approval of the Board of Count), Commissioners of Collier Count): at its June 25, 2002 meeting. If the foregoing condition precedent is not approved at the June 25, 2002 meeting, then this Lease shall become null and void. Propertg_ .. In consideration of rental pa)~nent by Tenant, Landlord leases unto Tenant and Tenant leases from Landlord 1364 rentable square feet, of that certain parcel of real propert)', together with improvements thereon, located at Suite 1, 5258 Golden Gate Parkway, Naples, FL 34116 as outlined in red on Exhibit "A" attached hereto and made a part hereof, (the "Leased Premises" or sometimes simply referred to as "Premises"). Use of Premises. Tenant xx411 use the Leased Premises for a \VIC program office and the Premises xx411 be used for no other purposes xvithout the prior xvritten consent of Landlord, such consent not to be unreasonably withheld. Tenant ac ~knowledges that Tenant's proposed par'king, othe~ land use restrictions imposed upon the Premises by Tenant, Landlord, Landlord's Lender and Landlord's Insurer xvill all be factors considered by Landlord in evaluating Tenant's request to use the Premises for something other than a \VIC program office. If Tenant desires to use the Leased Premises for such other purposes, it shall submit such request to Landlord in writing. Landlord wLll consider such request and respond to Tenant x~4thin 10 business days from receipt of such written request. Acceptance of Premises and Improvements. Except as provided herein, Tenant hereby accepts the Leased Premises in the condition they are in at the beginning of this Lease and agrees to maintain said Premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this Agreement. 5. Term. Unless sooner terminated as hereinafter provided, the term of this lease shall be a period of 3 ),ears, commencing on July 1, 2002 and ending June 30, 2005. Tenant's Obligations. a. Base Rent. iv. Amount during First Year. Tenant shall pay to Landlord annual rent of $20,460.00. The annual rental shall be payable in monthly installments of $1,705.00 plus applic~l~-:ales tax, and shall be paid in advance on th~ !st day of ~act ca~ .'..-'~ , "2~g thc term o~' this lease and am, renewal of it;, Provided, howe,,er, that the first month's rent shall be due and payable upon execution of this Lease Agreement. In addition, Tenant shall pay common charges as set forth below. Rentallncrease. For any ),ear after the first year of the Lease Term, the base rental amount shall be increased by three (3) percent of the rental payrnent during the preceding lease year. The monthly rental amount for each )'ear after the first year &hall be determined by the folloxving formula: P+ (PxI) =R Where P = Prex4ous Yearly Rental Amount 1=3% R = Rental Amount per Month Time andP/ace. All payments due from Tenant to Landlord under the terms of this lease, including but not limited to monthly rental p%maents, shall be paid promptly when due to Landlord at the address set forth in Paragraph 13 or such other place Landlord designates in writing. Late Cha~es. If any payrnent is not receNed by Landlord by 12:00 midnight on the 5th day following the day of which the payment is due, a late fee equal to 5% of the delinquent payment shall be due from Tenant to Landlord as additional rent. In the event the rent is paid by mail, the date of payment shall be determined bv the postmark date on the envelope, not the date placed on the check. In the event the rent is delivered to the Landlord's office, the date of p%ament shall be xvhen the Landlord or Landlord's agent receives said payment, not the date placed on the check b. Common Charges. Tenant, in addidon to all other rent herein reserved and agreed to be paid, agrees to pay Tenant's share of the common charges for the Park-xvay Professional Centre project as and when rent is paid. Tenant's share of the common charges shall be calculated by muldpl3qng the total amount of the "Common Charges" (as hereafter defined) determined by Landlord on an annual basis by a fraction, the numerator of xvhich is the square footage of the Leased Premises described in Paragraph 2 of this lease and the denominator of which shall be the tot,'d completed square footage of the buildings in the Park East Professional Centre project (hereafter ,':f~.:ed to as d-,e "Project"). The "Common Charges" shall include, but not be limited to: 2 i. all interior and exterior maintenance charges for the Project, inclucling, but not limited to, charges incurred for lighting, heating, air conditioning, painting, cleaning, policing security, landscaping maintenance, paving, · lighting, s~?;r,g and re-paving the parking lot, and fire control. Landlord may establish an expens' ,esev,,e to.cover tho cost of pai~,~;~ng the building and resurfacing the par-king axe½ which will be·include-, as a Common Charge. ii. all utiJity charges, including, but not limited to, xvater, sewage disposal, garbage removal and electricity, for the common areas of the Projecv, iii. real estate taxes and assessments levied and assessed, on the Premises paid by the Landlord; iv. commercially reasonable properL3~ management fees; v. any and all assessments of any condominium association and/or property owners association; and vi. the cost of hazard, flood, xx4_ndstorm and public liabRity insurance. Landlord shall pay all Common Charges as and xvhen the same severally become due and payable. During the first 5,ear of the Initial Lease Term, Tenant shall pa5' to Landlord Tenant's share of the estimated Common Charges for such period. Tenant's share of the Common Charges shall be payable as additional rent in equal monthly installments on the first day of each month, except that if the Commencement Date is not the first day of a month, the Common Charges for the period commencing on the Commencement Date and ending on the last da5' of the month in xvhich the Commencement Date occurs shall be apportioned on the basis of the number of days in said month and paid on the Commencement Date. By February 20th of each year, Landlord shall submit to Tenant a budget in reasonable detail for the Common Charges for that year and a statement of the actual Common Charges for the prior. Thereafter, Tenant shall pa3, to Landlord, as additional rent, 1/12 of Tenant's share of the Common Charges for the next year except that the payment due on Februa~7 1 st shall be adjusted to provide either a credit or a charge, as the case may be, for the difference between the budgeted and actual Common Charges for the preceding year and a credit or a charge, as the case may be, for the difference betxveen the actual and budgeted items for January of the present year. In the event Landlord does not timely submit the budget for the next year, then Tenant x~411 continue to pay Tenant's share of the Common Charges based on the pa3~ents made for the previous year until such time as the budget is submitted, at xvhich time Tenant shall pay to Landlord the deficiency or Landlord shall reft.md to Tenant the excess of the amounts that should have been paid for that period of time. Utilities. Tenant shall pay promptly, as and ~vhen the same becomes due and payable, all rents, rates, and charges for electricitT, supplied to the Leased Premises or used by Tenant in connection therewith, as well as all other collateral charges for such utilities, including the costs of installation and maintenance and any required deposits. Insurance. Thc Tenant covenants and agrees to protect and save Landlord harmle~ss a~inst all liability arising during the term of this lease for any loss, injut3' or damage resulting 3 | JUN 2 5._2007 person or property, sustained on or about the Leased Premises or any appurtenances thereto, including loss, injury and damage to Tenant, its employees and its property, and from any liabilit3, arising from the operation of Tenant's business resulting from any cause whatsoever, and should an), party or parties institute an action at law.~r othe~vise against Landlord for any sucia loss, injuxy ¢_' 6v.;nage, Tenant is obligated to d~.%nd said a "' .)n at Tenant's own expense and indemnify and lqold Landlord harmless from any-less, e.'. :nse, cost or damage because of such action. At all times during the term of this lease, Tenant must maintain a comprehensive public liability insurance policy with an insurance company or companies authorized to do business in Florida and satisfactory to Landlord (an insurance company with Best's Key Rating Guide: Property. & CasualtT rating of A+ shall be deemed satisfactory to Landlord). Such policy or policies shall protect Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the Leased Premises, in an amount of at least $1,000,000.00 for personal injury or death to any one person, $3,000,000.00 for personal injury or death arising out of any one occurrence, and $500,000.00 for property damage or other loss arising out of any one occurrence. In addition, Tenant shall maintain fEte and casualty and extended coverage insurance for its personal property, including inventory and equipment, in an amount equal to the greater of $100,000.00 or the ~ replacement cost value of such personal properS, and equipment xvithin the Leased Premises, as determined from time to time. In addition, throughout the term of the lease, Tenant shall also cart'3, \v,/'orkmen's Compensation insurance in at least the statutory amounts. Tenant's insurance policies shall contain endorsements requiting thirty 003 days' notice to Landlord and Landlord's mortgagee, if any, prior to any cancellation. Tenant shall deliver to Landlord as a condition precedent to its ta 'ldng occupancy of the Leased Premises (but not to its obligation to pa5' rent) a certificate or certificates exfdencing such insurance, and shall provide annual replacements thereof at least 15 days prior to the expiration date of each poliQ' of insurance maintained by Tenant hereunder. The failure of Tenant to effect the insurance, or to deliver th~ certificates to Landlord is considered a material default under this lease. If Tenant fails to furnish certificates of insurance as prox4ded in this lease, in addition to any other remedy available to Landlord under this lease or Florida law, Landlord may obtain the insurance, and the premiums on that insurance xvill be deemed additional rent to be paid by Tenant to Landlord on demand. Security Deposits. As a condition precedent to Landlord's obligations under this Lease Agreement, Tenant shall deposit with the Landlord first and last month's rent plus $1,705.00 as a securit'y deposit, to secure Tenant's full and faithful performance of all of the terms, covenants and conditions of this Lease ("Security Deposit"). If Tenant is in default, Landlord can use the Security Deposit, or any portion of it, to cure the default or, to compensate Landlord for all damage sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay to Landlord a sum equal to the portion of the security deposit expended or applied by Landlord as provided in this paragraph so as to maintain the security deposit in the sum initially deposited with Landlord. If Tenant is not in default at the expiration of this Lease and provided there are no damages in excess of normal wear and tear, Landlord shall return the securitT deposit to Tenant. Landlord shall not be required to keep these funds in escrow or pay Tenant interest on the security deposit. Tenant's Covenants. Tenant further covenants and agrees as follows: 4 JUN 2 2OOZ To pay the rent and evex3' installment of it when it c6~es due; to use the Premises in a careful and proper manner for the expressed purpose of office space for tangible personal property; to commit or permit no waste or damages to the Premises; to conduct or permit no business or act tha.'. !s a nuisance or may be in violation of any federal state, or local law or ordinance; to surrender tL.. Premises On ex-pisat~on or te/~i'~:.,qafion of this lease in clean condition and good rep,dr, vormal xvear and tear excq~ted, pr' ,,;ded, however, that all alterations, additions, and improvements permanently attached find made by Tenant, its successors, subtenants, and assigns (excepting movable fiarniture, equipment, supplies, inventory, and special air-conditioning equipment installed by Tenant) shall become and remain the property of Landlord on the termination of Tenant's occupancy of the Premises. a. To indemnify and hold harmless Landlord and the Leased Premises from all costs, losses, damages, liabilities, expenses, penalties, and fines whatsoever that may arise from or be claimed against Landlord or the Leased Premises by an), person or persons for any injury to person or property or damage of whatever -kind or character arising from the use or occupap, cy of the Leased Premises by Tenanv, from any neglect or fault of Tenant or the agents and the employees of Tenant in using and occup)4ng the Premises; or from an), failure by Tenant to comply and conform xx4th all laws, statutes, ordinances, and regulations of any governmental body or subdix4sion now or hereafter in force. This provision is subject to Chapter 768, Florida Statutes. b. In case of damage to glass in the Leased Premises, to replace it x~4th glass of the same -kind, size, and qua[iq, as quickly as possible at Tenant's expense. Co An5, alteration, ad&fion or improvement made by Tenant shall be deemed to have attached to the leasehold and to have become the propert3' of Landlord upon such attachment, and upon expiration of this lease or any renewal term thereof, the Tenant shall not remove any such alteration, decoration, ad&tion, and improvement, including trade fixtures installed by Tenant. Provided, however, Landlord may designate by written notice those alterations and additions which may be removed by Tenant at the expiration or termination of the le, ase and Tenant shall promptly remove the same and repair an5' damage to the Leased Premises caused by such removal. The Tenant shall be allowed to remove all trade fixtures as outlined, and approved by Landlord as long as the Tenant returns the Premises in good con&tion. To make no alterations in or additions or improvements to; install any equipment in; or maintain signs advertising its business on the Premises xvithout, in each case, obtaining the xvritten consent of Landlord. In the event such consent is given, all work will be performed in a good workmanlike manner in accordance xvith accepted building practices so as not to weaken and impair the structure or substantially lessen the v,-due, of the building. Ter:~.r~'.',,:,ll pr_ovide to Landlord all proposals and plans for alterations, improvements, changes, or additions to the Leased Premises for Landlord's prior approval, specifying in writing the nature and ..xtent of the 5 Item .... 10. 11. desired alteration, improvement, change, or addition along xvith the contemplated starting and completion time for such project. Landlord shall have 30 days within which to approve or deny in writing said request for changes; ~pro =,-qents, or additions. If Landlord does not respond to Tena :' x:-ithiq :,, ' vt) day period, then such silence shall be considered an approvm tc p~oceed with Tenant's request. If any alterations, additions, or improvements in or to the Premises are made necessary by reason of the special use and occupancy of the Premises by Tenant, Tenant agrees that Tenant will make all such alterations, additions, and improvements in or to the Premises at its own expense and in compliance xvith all applicable building codes, ordinances, and governmental regulations. Tenant agrees that Tenant will hold Landlord harmless against all expenses, liens, clahns, and darfiages to either property or person that may or might arise because any repairs, alterations, additions, or improvements are made. To permit Landlord to enter, inspect, and make such repairs to the Leased Premises as Tenant may reasonably desire, at all reasonable times, and to permit Landlord to put on the Leased Premises a notice that Tenant may not remove stating that the Premises are for rent txvo months preceding the expiration of this lease. Disclaimer of Liabili _t'y. All personal property placed or moved in the Leased Premises shall be at the sole risk of the Tenant or owner thereof, and the Landlord shall not be liable for any damages to said personal property or to the Tenant, including damage from bursting or lea'king water pipes, except to the extent that such damage is due to the gross negligence or intentional conduct of Landlord. Landlord's Covenant of Quiet Enjoyment. Landlord warrants, and agrees to defend, Tenant's employment and peaceful possession of the Premises during the aforesaid term. 12. Common Usage. Landlord hereby grants to Tenant and Tenant's employees, agents, guests or im4tees, expressly subject, hoxvever, to such rules and regulations as or may, from time to time, be made by Landlord, the non-exclusive right to use the Common Areas in common with others entitled to the use thereof. Tenant agrees to exercise reasonable diligence so that ingress and egress will not be blocked by any vehicles belonging to Tenant's employees, agents, guests or invitees. Landlord shall maintain, control, manage and operate the Common Areas in a reasonable manner and ma3,, from time to time, promulgate such reasonable rules and regulations as Landlord in its sole discretion may deem appropriate, and Tenants, its agents, employees, guests and invitees use and occupancy thereof shall be conditioned upon compliance xx4th such rules and regulations. Subordination. This lease and all rights of Tenant under it are and shall be subject to and subordinate to the rights of any mortgage holder noxv or hereafter having a security interest in the Le~sed Premises or any other encumbrances Landlord desires to place on the property. 13. Lavdlord to i-lave No L~en. Landlord shall ha-:e ,,to lien to any goods, equipment, furniture, and other personal properv), of Tenant brought, stored, or kept on thy L,_.,ovd '. ' ', t,T Premises during the Lease term. I ~0....~ 6 / JUN 2 5_2002 14. Notices.. Ever3' notice, approval, consent or other communication authorized or required by this Lease shall be effective if given in writing and sent by United States Registered or Certified Mail - Return Receipt Requested, and addressed to the parties hereto at the respective addresses set out opposite their names below or at such other address as they have theretofore specified by written notice delivered in accordance herewith: Landlord: Marquette Development Company, General Partner, For Park East Development, Ltd. 5395 Park Central Court Naples, FL 34109 Tenane Board of County Commissioners C/o Real Propert3, Mgmt. Dept 3301 Tamiami Trail East Administration Building Naples, FL 34112 With Copy to: Office of the Count3' Attorney Collier County 3301 Tamiami Trail East Administration Building Naples, FL 34112 15.Default in Payment of Rent. If Tenant fails to pay the rent at the time and in the manner herein before provided, and said default continues for a period of five (5) days, and Tenant fails to cure said default within three (3) days after statutor3, written notice from Landlord of such default, the Landlord may either. ao Terminate this lease, resume possession of the property, declare ,41 amounts due under this Lease as immediately due and payable, and recover immediately from Tenant the difference be~veen the rent specified in the lease and the fair rental value of the property for the remainder of the term, reduced to present worth; or Resume possession and release or rent the property for the remainder of the term for the account of Tenant and recover from Tenant at the end of the term or at the time each payment of rent comes due under this lease, xvhichever Landlord may choose, the difference betxveen the rent specified in the lease and the rent received on the releasing or renting. 16. Defaults Other Than Rent. If Tenant defaults in performing any covenants or agreements hereunder other than the payment of rent, and Tenant fails to c'ure'such default within ten (10) days after written notice of default from Landlord, or if the Tenant is not in the process of curing such default, or such default cannot be cured xvithin thirt3, 00) days, tl~ Lan~li~etd~ may (a) institute action in a court of competent Jurisdiction to terminate this lease or to complete performance of the agreement, or (b) after 30 days' written notice to the other, comply therewith or correct any such breach, and the costs of that compliance shall be payable on demand. 17. Lan:hord's Remedies. In the event of cancellation or termination of this lease, either by operation of laxv, by service of notice or cancellation or termination as herein provided, or other, vise, Landlord may: a. Continue to hold Tenant liable, in full for all rent, additional rent, including, but not limited to, common area expenses, and assessments and any other monies due landlord by Tenant under this lease, without taking possession of the Leased Premises, in which event, Landlord has the opdon to periodically sue Tenant for past rent due without waMng any right to sue for future rent or to accelerate the remaining rental due under this lease. b. Landlord may reenter and repossess the Leased Premises, using such force for that purpose as may be necessary and continue to hold Tenant liable to Landlord for general and spedfic damages in a sum equal to all rent, all additional rent, and all other charges payable hereunder for the remainder of the term of this lease. If Landlord shall so reenter, Landlord may repair and alter the Leased Premises and the Building in such manner as Landlord ma), reasonably deem necessary or advisable, and/or let or re-let the Leased Premises, the Building or any part thereof for the whole or an5, part of the remainder of the term of this lease or for a longer period, in Landlord's name or as the agent of Tenant. Out of any rent collected or received from subtenants or as a result of such letting or re- letting Landlord xx4ll first pay to itself the cost and expense of taking, repossessing, repairing, and/or altering the Leased Premises (including brokers' commission for the portion of the new tenant's term attributable to Tenant's remaining term); second, pay to the propert3' manager, if any, the actual and reasonable c6st expended in securing any new tenant, and, if Landlord maintains and operates the Leased Premises, the cost and expense of operating and maintaining the Leased Premises; and fl~d, pay to itself any balance remaining on account of the liabili~, of Tenant to Landlord for the sum equal to all rent, additional rent, and other charges payable hereunder and unpaid by Tenant for the remainder of the term of tkis lease. No reentry by Landlord, whether had or taken under summary proceedings or othem4se, absolves or discharges Tenant from liability hereunder. Should any rent collected by Landlord as provided in this Paragraph 1'/, after the payments herein mentioned, be insufficient to fully pay to landlord a sum equal to all rent, additional rent, and other charges payable hereunder for the remainder of the term of this lease, then the balance or deficiency shall be paid by Tenant on the days rent is due under this lease, and Tenant will remain liable for any such deficient3'. Landlord's fight to recover all rent and other charges under this paragraph survives the term/nation or cancellation of this lease. In any of the circumstances described in this subparagraph b. for which Landlord has the right to hold Tenant liable over time, Landlord may elect to immediately recover damages for loss of the bargain, xvhich xvill be an aggregate sum representing the then present worth of the excess, if any, discounted at 5% per annum, of the aggregate of the rent and all other charges payable by Tenant hereunder that would have accrued for balance of the Term, less the amounts received under a nexv lease actually executed by Landlord and a new Tenant of the Leased Premises, less an,'. ?nd aU e'?enses described in this secdon (brokerage commission, leasing incentives, i.e. free rent):_For purpose of damages under this subparagraph, both rent under this lease and the rent under a re~4~t~ Item 8 { JUN2 i O02 pg, //0 will be increased by 6% per year (such rental value to be computed on the basis of a tenant paying not only rent to the Landlord for the use and occupation of the Leased Premises, but also such other charges as are required to be paid by Tenant under the terms of this lease) for the balance of such term. The patties agree that the sum of all future payments discounted at the.above rate is a fair and equitable measure of the injury and dam,~ges sur-mined by Landlord, and as such is agreed upon as liquidated damages. 18. Holdover.. Any holdover with the written consent of the Landlord at the expiration of this ~ease shall be on a month to month basis, which tenancy may thereafter be terminated as provided by the laws of Florida. During such holdover tenancy, Tenant agrees to continue to be bound by all of the terms of this Lease so far as are then applicable. In the event of a hold- over xxqthout the consent of the Landlord, Landlord shall be enfided to all rights and remedies as provided under Florida law, including, but not limited to, t',vo 6mes the amount of rent for any hold-over period. 19. Repairs. Landlord xvill maintain the exterior of the building leased, including the roof and exterior walls, in good condition. The Landlord shall make all necessatT repairs, including but not limited to electrical, plumbing, doors, glass, and locks, to the exterior of the Premises during the term of this Lease, except to the extent that such repairs are necessitated by the malfeasance or nonfeasance of the Tenant. Tenant will, at the expiration or termination of this Lease, return the property to Landlord in good condition, ordinat3' wear and tear excepted. Tenant shall be responsible for all interior glass xx-indows and doors and the maintenance and repair thereof. Tenant shall replace, at its expense, any and all broken interior glass, including plate glass partitions and doors in and about the demised Premises. In the event that any necessat3, repairs are not made by Tenant within 48 hours of demand made by Landlord, the Landlord may cause the necessary repairs to be made and charge the Tenant the actual cost of the repairs. The Tenant shall reimburse Landlord for said charges xvithin 48 hours after said charges are presented to Tenant. Tenant is responsible for maintaining, sen'icing, and repairing the H.Va~.C. equipment (including any air handler, any compressor, and all duct-work and grills associated xvith same) serving the Leased Premises, wherever located. In the event of any exterior replacement of H.¥.A.C. equipment is necessitated by virtue of normal wear and tear and/or the age of the equipment, Landlord shall replace and/or restore and/or rebuild said equipment. Landlord shall not be responsible for replacement if it is determined that said replacement is necessitated by the misuse by and/or acts of Tenant. 20. Signs and Si=o-nage. All signs or s3~nbols placed in the windows or doors of the Premises or upon any extedor part of the building or the Premises by the Tenant shall first be approved in writing by Landlord and must comply xvith Landlord's and any applicable Propert3, Owner's Association's master signage standards as well as all necessary count3, ordinances and other laws. Landlord shall have total and complete authority and control regarding the standards to be used in the design, materials, construction, repair, maintenance, lighting and replacement of all such signs in the Project. Furthermor~. Tenant shv'.l not place any sign whatsoever anF,vhere on the interior of the Leased Premises that can be seen from the exterior of the Leased Premises, or an}~here on the exterior of the Leased Premises (including}he 9 / JUN 2.5 2002 and windows thereo0, or anyxvhere on the exterior of the Building, or a%svhere on the exterior of the Project without Landlord's written approval in each instance. Furthermore, any signs owned and installed by Tenant shall be removed upon vacating the Premises and the fascia of the building must be restored to ~' :,.-i~qal coo. difton at th,e expense of the Tenant. Tenant shall also be responsible for maintenance of all Tenant Signs, including painting, cleaning, lights, and electrical. The size °fany lettering shall only be installed on the left marquee of the building (as viewed from Golden Gate Parkxvay), which is above the Leased Premises and shall be 8 inches tall and shall conform to the following specification: '"/4" stud-mounted solid aluminum routed letters with aluminum pin. 2-part automotive enamel green as per Park Central Green. Century Bold Font." Tenant is required to install lettering identifying Tenant's business on the marquee above the Leased Premises. The lettering shall be in a format and size as specified above and shall be '5,VIC PROGRAM". 21. Insolvency. of Tenant. If Tenant's leasehold interest is sold under execution or if a receiver is appointed for Tenant, Landlord, x~4thout prejudice to its rights hereunder and at its option, may terminate this lease and retake possession of the Premises immediately and xx4thout notice to Tenant or any assignee, transferee, trustee, or any other person or persons, using force if necessary. TNs Lease may not be assigned by any representative of Tenant to a third pa~' unless such representative (a) executes and delivers to Landlord an agreement in recordable form whereby such party assumes and agrees with Landlord to discharge all obligations of Tenant under this Lease and (b) has a net worth and operating experience at least comparable to that possessed by the Tenant herein and any Surer3' of this Lease as of the execution of this Lease. 22. Election by Landlord Not Exclusive. The exercise by Landlord of any right or remedy to collect rent or enforce its rights under this lease xvill not be a xvaiver or preclude the exercise of any other right or remedy afforded Landlord by this lease agreement or by statute or law. The failure of Landlord in one or more instances to insist on strict performance or observations of one or more of the covenants or conditions of this lease or to exercise any remedy, privilege, or option conferred by this lease on or reserved to Landlord shall not operate or be construed as a relinquishment or future waiver of the covenant or condition or the right to enforce it or to exercise that privilege, option, or remedy; that right shall continue in full force and effect. The receipt by Landlord of rent or any other payment or part of payment required to be made by the Tenant shall not act to waive any other additional rent or payment then due. Even with the knoxvledge of the breach of any covenant or condition of this lease, receipt xvill not operate as or be deemed to be a xvaiver of this breach, ,and no waiver by Landlord of any of the provisions of this lease, or any of Landlord's rights, remedies, privileges, or options under this lease, will be deemed to have been waived unless made by Landlord in xvriting. No surrender of the Premises for the remainder of the term of this lease xvill be valid unless accepted by Landlord in xvriting. Tenant xvill not assign nor sublet this lease xvithtut 'j,~,'nda I ~:-,, JUN252002 - 23. Landlord's prior xvritten consent. No assignment or sublease will relieve the assignor of any obligation under this lease. Each assignee, by assuming such status, will become obligated to perform every agreement of this lease to be performed by Tenant, except that a subTenant shall be obligated to perform such agreements only insofar as they relate to the subleased part of the property and that'~et,t ,'equired by t:n,: ..::: . :as2. Suff£enant v,41! be :~btigat~ ~. ~'o pay rent directly to Landlord only after assignor's default in pa3maent and written demand fro,n Landlord to subTenant to pay rent directly to Landlord. Compliance with Laws. The Tenant will at its own cost and expense, obey and comply xvith all laxvs, ordinances, rules, requirements, regulations and orders of the federal, state, county, and city governments, or any of them, and of any and all of their departments and bureaus, or of any other competent authority as they may pertain to the Leased Premises, and to the protection and maintenance thereof to the business operated therein, or to the sanitat3r conditions of said lease Premises whether Landlord or Tenant or other person are required to comply ~vith the same. The Tenant agrees to comply promptly xvith and execute all rules, ordinances and regulations of the appropriate fire insurance rating organizations, at its own cost and expense, if required by law or by an insurance policy on the Leased Premises. 24. End of Term. Upon the expiration of this Lease, Tenant having fully complied x~4th the terms and conditions, Landlord hereby xvaives any right to claim any signs, equipment, personal property or trade fixtures located in or attached to the leased property and owned by Tenant, and same may be removed by Tenant, provided the Premises are restored to its original condition xvith normal wear and tear excepted. 25. Fire and Casualty. In the event of damage by fire or other casualty to the buildings and structures constituting part of the Leased Premises, if there is substantial interference xx4th the operation of the Tenant's business requiring the Tenant to cease doing business for a commercially unreasonable period of time (presumed to be more than three months), either Tenant or the Landlord may elect to terminate this Lease. If, on the other hand, the damage results in only a temporary shutdown or interruption of business, the Landlord shall proceed with due diligence to repair or restore the Premises to the same condition as existed before such damage and the rent shall be abated until such &me as is reasonable for the Tenant to resume the operation of its business. If the damage causes the Tenant to discontinue only a portion of the operations, the rent shall be equitably apportioned for the duration of the repairs in that proportion xvhich the average monthly reduced operating capaci~' bears to the average monthly operating capacity maintained prior to the damage to the Premises. 26. Eminent Domain. If all or substantially all of the lease Premises are taken under the poxver of eminent domain by any duly authorized public authority, this Lease shall terminate and expire as of the date when possession thereof is required for public use and shall abate with the closing of Tenant's operations from such cause, and such taking shall not operate as or be deemed an eviction of the Tenant, or a breach of the Landlord's covenant for quiet eni%q-nent. The Tenant shall pay all rent due and perform and observe all other covenants hereof =p to the time that possession is required for public use. j A~,~ 'i~:~.~ JUN 2 52002 If less than substantially all of the Premises are taken in such proceedings and the part so taken consists of parking areas or other areas unoccupied by buildings or structures, then this Lease shall terminate only as to the portion of the demised Premises so taken, and this Lease shall continue for the bal~r~':.~- vfits term as to the part of the Premises remaining vdthout any xeducfion ~,r aoatcmevt o~. effect upon the term hereof or the liability of the Tenant to pay io full th: rent. If however, the part so taken shall consist of any portion of an occupied building on the Premises, but such taking does not result in substantial interference with the Tenant's operations, then, upon receipt of the condemnation award, the Landlord shall use due diligence to properly repair, replace and restore that portion of the building not so taken to a complete architectural unit for the use and occupancy of the Tenant. During such period of ta 'king and restoration the rent shall be abated in that proportion which the Tenant's average reduced monthly production bears to the average monthly product/on for the period shordy before such taking. If the part so taken shall consist of the whole of any building on the demised Premises or a substantial part thereof, the Tenant may elect to terminate this Lease as of the date of such taking by gMng the Landlord notice in writing of such election within thirt3, (30) days after the mailing by the Landlord ora written notice to the Tenant that the Premises have been so taken; and the rent provided for in this Lease shall be apportioned and paid to the date of such termination. If the Tenant shall not elect to terminate, this Lease shall continue for the balance of its term as to the part of the demised Premises remaining, without any reduction or abatement of or effect upon the term hereof or the liability of the Tenant to pay in full the rent and all other sums and charges, herein prox4ded to be paid by the Tenant. For purposes of this Paragraph, "substantially all of the demised Premises" shall be deemed to have been taken if the portion of the demised Premises not so taken does not constitute or cannot be repaired or reconstructed so as to constitute a complete structure usable by the Tenant as an entity for the proper conduct of business. 27. Estoppel Certificate. At any time, and from time to time, upon the xvritten request of Landlord, or any mortgagee, Tenant, within ten days of the date of such wrirten request, agrees to promptly execute and deliver to Landlord, and/or such mortgagee, without charge and in a form satisfactory to Landlord, and/or the mortgagee, a written statement:. a) Radf34ng this lease; Confirming the commencement and expiration dates of the term of JUN 2. 002 c) Certifying the lease is in occupancy of the demised Premises, and that this lease is in full force and effect and has not been modified, assigned, supplemented or amended, except by such xvritings as shall be stated; d) Certifying that all conditions and ~greement.s under the lease to be., satisfied and performed have been performed, except as shall be stated: Certifying that the Landlord is not in default under this lease and that there are no defenses or offsets against the enforcement of this lease by Landlord, or stating the defaults and/or defenses claimed by Tenanv, Reciting the amount of advance rental if any, paid by Tenant and the date to which rental has been paid; Reciting the amount of any security deposit with the Landlord, if an5; and, h) Any other information xvhich Landlord or the mortgagee shall require 28. Administrative Provisions. Entire Agreement. This lease sets forth all the promises, agreements, conditions, and understandings betxveen Landlord and Tenant relative to the Leased Premises. There are no other promises, agreements, conditions, or understandings, either oral or written, between them. No subsequent alteration, amendment, change, or addition to this lease xvill be binding on Landlord or Tenant unless in writing and signed by them and made a part of this lease by direct reference. Governing La:v. This Agreement shall be construed in accordance with the laxvs of the State of Florida applicable to contracts made to be performed entirely xvithin the State. Venue shall be in Collier Counq'. ,4ttornD's Fees. Each party shall be responsible for his oxvn attorney's fees and costs incurred prior to the date of closing. In the event of any litigation arising out of this Agreement or any document collateral to this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees, costs and expenses. Amendment. This Agreement shall not be amended or modified except by means of a written instrument signed by all parties hereto. 13 Agenda J U N 2,5.2002 °o Further Action. The parties xvill, at any time and from time to time after the dosing date, upon request of any other party hereto, do, execute, acknowledge and deliver all such further acts, deeds, assigru-nents, transfer? --' ~r¢,,~nces and assurances as may be reasonably reqmred to ca% out the terms and purposes of this Agreement. Assignment. The Tenant may not assign this Lease or sublet the Leased Premises, or any portion thereof without the prior xvritten consent of the Landlord and any such attempt shall be void ab initio; Although such approval by Landlord shall not be unreasonably withheld, Landlord may consider the financial strength of any assignee in determining Landlord's consent. Consent to assignment shall not relieve Tenant of its duties, responsibilities and obligations or any liability hereunder unless there is an expressed novation.. Captions. The captions and paragraphs or letters appearing in this lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of the sections or articles of this lease or affect this lease in any way. h) Terms Inch~sive. As used herein, the terms "Landlord" and "Tenant" include the plural xvhenever the context requires or admits. Rqresentatives Bound Here!y. The terms of this lease will be binding on the respective successors, representatives, and assigns of the panes. Time is of the Essence. Time is of the essence of this Lease as to each of the terms, conditions, obligations and performances contained herein or required hereunder of Tenant. Radon Gas Disclosure. The following language is required by law in an3, contract involving the sale or lease of any building xvithin the state of Florida: "Radon Gas: Radon is a naturally occurring radioactive gas that, xvhen it is accumulated in a building in sufficient quantities, may present health risks to persons xvho are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the applicable county health unit." 29. Environmental Compliance. Tenant shall not use or alloxv the Leased Premises to be used for the release, storage, use_ trearrnent, disposal, or other handling of anv Hazardous Substance, xx~d,,~· ~;xe .... · ~ . o . ~ . , . A{}end~ Iq:em of Landlord, which may be w~thheld ~n Landlord s unresmc[ed pdor consent ! 14 / JUN 2 5 2002 [_ ,/(" bo discretion. The term "release" shall have the same meaning as is ascribed to it in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as amended (CERCLA). The term "Hazardous. Substance" means i. -any substance defined as a hazardc~.'s subs:,mce under CERCLA; petroleum, petroleum products, natural gas liquids, liquefied natural gas, and synthetic gas; and iii. any other substance or material now or hereafter deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state, or local law, code, ordinance, or regulation. Tenant shall give prior notice to Landlord of any acfix4ty or operation to be conducted by Tenant at the Leased Premises that involves the release, use, handling, generation, treatment, storage, or disposal of any Hazardous Substance ("Tenant's Hazardous Substance Activity."); ii° comply with all, federal, state, and loca] laxvs, codes, ordinances, regulations, permits, and licensing conditions governing the release, discharge, emission, or disposal of any Hazardous Substance and prescribing methods for or other limitations on storing, handling, or otherwise managing Hazardous Substances; at its own expense, prompdy contain, remove, cure, and reined, late any release of Hazardous Substances arising from or related to Tenant's Hazardous Substance Activity in the Premises, the Shopping Center, or the envkonment, and contain, remove, cure, remediate, and pay for any resultant damage to property, persons, or the environment; iv. give prompt notice to Landlord and all necessary regulatory author/ties of any release of any Hazardous Substance in the Leased Premises, or the environment ar/sing from or related to Tenant's Hazardous Substance Acfiv/ty, xvhich release is not made pursuant to and in conformance xv/th the terms of any permit or license duly issued by appropriate governmental authorities, any such notice to include a description of measures taken or proposed to be taken by Tenant to contain, cure, remove, and remediate the release and any resultant damage to property, persons, or the en,dronment; Vo ' at Landlord's request, xvhich shall not be more frequent than once per calendar year, retain an independent engineer or otb. er consultant or expert acceptable to Landlord, to conduc~, at T~_~~ / JUN 2 5 2002 L Pg'"']? - expense, an environmental audit of the Leased Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Landlord, and all of tt,c. :ngineer's, consultant's, or ~xpe, t's ~vom [.toduc. shall be made available, to Landlord; at Landlord's request from time to time, execute affidavits, representations, and the like concerning Tenant's knowledge, after due inquitT, regarding the presence of Hazardous Substances in the Leased Premises; reimburse to Landlord, on demand, the cost of any testing for the purpose of ascertaining if there has been any release of Hazardous Substances in the Leased Premises; protect, defend, indemnify, and hold Landlord, and any other party designated by Landlord, harmless from and against any liability, obligation, claim, demand, cost (tncluding attorneys' fees incurred' through all levels of proceedings), and responsibilit7 of whatever kind or nature arising out of, related to, or in connection xvith Tenant's obligations contemplated in this Article or the breach thereof; and upon expiration or termination of this lease, surrender the Leased Premises to Landlord free from the presence and contamination of any Hazardous Substance. d. This provision is subject to Chapter 768, Florida Statutes. Each party (hereafter referred to as an "Indemni .f3'ing Party'.') shall indemnify and save the other party (hereafter referred to as an "Indemnified Party") harmless from any and all claims of third parties, and damages, costs and losses oxving to third parties or suffered by the Indemnified PartT, including court costs, reasonable attorneys' fees and consultants' fees, arising during or after the term of this lease and reasonably incurred or suffered by the Indemnified Part5, as a result of any default or breach of any representation, xvarrantT or covenant made by the Indemnif34ng Part5, under paragraphs a and b of*_his Section. It is a condition of this indemnification and save harmless that the Indernnif~4ng Party shall receive notice of any such claim against the Indemnified Party promptly after the Indemnified PanT first has knoxvledge thereof. TI-Lis indemnification and save harmless includes any and all costs reasonably incurred by the Indemnified Party after notice to the Indernnif34ng Party for any cleanup, removal or restoration mandated by any public official acting laxvfully under laxv if the Indemnif35ng Party shall not timely perform such xvork. 30. Broker. Landlord and Tenant each represeni and xvarrant that this lease has not been negotiated through a broker, and neither authorized or employed or acted by implication to authorize or to ernplo7 any real estate broker or salesman to act for either in cormecfion xvith this lease. Landlord or Tenant, as the case may be, will hold the other harmless rc~m and · [ r.~.t-~4~od~ Item indemni~, and defend the other against any and all claims by an)' other real estat .... JUN 2 pg. /.? k_ salesman dealt xvith by the part3, breaching this warranty, if any. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement on this d~.7 o£ ,2002. ~ enant: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COl .I'.IER COUNTY, FLORIDA. BY: , Deputy Clerk By: JAMES N. COLETTA, Chairman Landlord: PARK EAST DEVELOPMENT, LTD. BY: i~L&RQUETTE DEVELOPMENT COMPANY Managing General Partner .(LS.) James G. O'Gara, President First Wimess:. Signature Print/type name of First Wimess Second Witness: Signature Approved as to Form and Legal Sufficiency: Thoma} C. Palmer, Assistant County Attorney Print/type name of Second Wimess 17 "°- ~'~ ..3 ' JUN 2 5 /9' 6[ 2002 EXECUTIVE SUMMARY AMEND THE PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, (Fi 03 INCREASED REVENUE OF $577,000) Objective: To generate additional revenue to offset rising program and facility costs. All fees and charges shall be fair and equitable to ensure no citizen will be precluded from enjoying programs or facilities because of the inability to pay. Consideration: During the FY 03 Budget discussions, the Parks and Recreation staff reviewed all fees and charges to determine if there were areas where increases were appropriate to offset rising expenses (personnel, hard costs etc.), supplement tax appropriations and improve the ability of the department to provide added services. While the Parks and Recreation Department annually reviews the fee policy, several areas were identified where increases have not occurred for several years. Additionally staff has proposed a new fee to offset the administration of the beach parking program. Listed below are the proposed changes: a. Increase the hourly room rate for all indoor facilities. b. Add att administrative charge of I2.0O for a two-year period to obtain a Beach ParMng Perntit attd increase the daily parking fee to 4.00 per day. Vehicles with permits will be exempt from the daily parMng fee. c. Increase the adult participant fees for Athletic Recreational Leagues and Co-Sponsored Leagues. d. Increase the fees for the Instructional Swimming Program and Fitness Center Memberships. e. Increases the fees for the Collier County Summer Camps and After SchooI Pro,ams in Naples and Immokalee and specifies that the per week transportation costs in Immokalee will be based on the then current transportation bid cost in lieu of a fixed fee. f. Establish fees for Memorial Bench and Tree Donations. (To honor or in memory of a fr/end, relative or loved one.) The revenue from these changes is reflected within the FY 03 proposed budget. Growth Management: There is no impact to the Growth Management Plan related to this action. Fiscal Impact: The revenues associated xvith this fee schedule are proposed and incorporated into the FY03 budget within the General Fund (001), MSTD General Fund (111), Immokalee Special District Fund (111), and the Golden Gate Community Center Fund (130). After reviewing all user fees, the following areas were identified by staff as appropriate for increases to generate additional revenue to offset rising expenses, which will result in the following fiscal impact: a) Increasing the facility rental rates will generate an additional $14,500. b) Adding an administrative charge to obtain a Beach Parking Permit and increasing the daily parking fee will generate an additional $220,000. c) Increasing the adult participant fee for Athletic Recreational Leagues and Co-Sponsored Leagues w/Il generate S50,000. d) Increasing the Instructional Swimming Program Fees xvould provide an additional $1,500, while admission fees would generate $27,000. Fitness Center Memberships would provide an additional S29,000. e) Increasing the rates for Summer Camp, After School Adventures and Holiday Camps would generate an additional $235,000. The total projected revenue increase in FY 03 is $577,000. During FY 02 no increased revenue is anticipated. Recommendation: Staff recommends that the Board amending the parks and recreation fee policy. approve Resolution N JUN 2002 Prepared by: Steve Wh tl~xer, Recreanon Manager Deplrtment of Parks a~creation Reviewed and , ~///~fi~..,~ Aoproved by: - M~da~n~ey,-D~ector ~ >anment of Parks and Rec~a~on Approved by: Jpf[p}~nnuck, Administrato  , ision of Public Services JUN 4~ 2002 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY. PURPOSE .~,s-, .~r~;~..~ :'~, · The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non-government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. Ail information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case by case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. HI. CLASSIFICATIONS A. Facili _ty License Definitions and Uses Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gyrrmasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. A~en?~ Item JuN o Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such a~tb,[ties .incl,.:d-,. ~"': .ere not restricted to~. at}retie..nmcs,' instructional, interpretative, seminars - preschool, youth, adult, senior ax~a special~. populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. Vehicle Parking Fees: Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and South Marco Beach Access. Boat ~rehk:q'Mh~hi~ Launch Fees: Parking lots at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park 9--5-1--goa~mp~ Collier Boulevard Boating Park. B. USER CATEGORIES - APPLICABLE TO ALL INDOOR AND OUTDOOR AREAS Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. CATEGORY I - Federal Income Tax Exempt Entities, Registered Charities, Not-For-Profit Groups. A. Federal Income Tax Exempt Entities. Groups, which are exempt from taxation under any subsection of Section 501 (c) of the internal revenue code. The following Civic Associations will not be subject to fees for their one general membership meeting per month. East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and 2"a District Association. B. Specified Sales Tax Exempt Entities. Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes as a home for the aged, nursing home, hospice, or as an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. 2 C. Local Not-For-Profit Groups. Do Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier C?'-.'~', at least fif~.,' r~ereent (50%) of ';he group's membership are residents of Collier County with a primary puip.~se to Dr-'.nde social services to others or to protect interests outside of the group; such as '~he environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away fi'om the personal interests of the group's members. Other Local Not-For-Profit Groups - Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not for profit entities that are of Collier County origin, have their principal location in Collier County, at least fif~t per cent (50%) of the groups membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. E, Fund Raising Activities: Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV. B. Category II - User Fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value Fund raising activities do not include'. 1. Season sign up fees for persons to join league as a team member or team participant 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's a.cttml ccsts. 3 2. CATEGORY II - All Others A. Each individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE_ - (All fees are exclusive of sales taxes). A. Category I User Fees. ~- p ........ vla¥ and special facilities ~i.e. swimming pool etc.) Facility Rates (excluding league ~":"~ s,, . Facility Type Type of Usage Rate Per Hour Al! Indoor ~";~:':~ Per Room General $-5~00 $10.00. (Under 1500 Sq Ft) $15.00. (1501-3000 Sq. Ft.) $20.00. (3001-Over) Gymnasium - any size Pavilions -' Small Large Sugden Amphitheater Open Green Space (100xl00) General $30.00 $10.00 $20.0q $30.00 $10.00 ~ Athletic Facilities General $30.00 Athletic Facilities Athletic Use $15.00 Lights $10.00 ~T ~I~TT~ D A T~FNTt~- D A'T'I:?(~ q?')t3 fW~ A T~I~C'T'~ TO LTt~I'UDT V p..n?E ^Dcnx7c County Wide Event - Sugden $800 per day Bo Category II - User Fees 1. Facility Rates (excluding special facilities i.e. swimming pools etc.) Facility Type Indoor (Per Room) Gymnasium-any size Base Hourly Fee $25.00 (Under 1500 Sq. Ft.) $45.00 (1501-3000 Sq. Ft.) $60.00 (3001 & Over) $60.00 Deposit $100.00 4 Sugden Amphitheater Sugden Open Space Pavilions - Small Large Open Green Space (100 x i~}0l Countw' Wide Event- Sugden Football/Soccer/Softball/Baseball/ Little League/Sports Pavilion/ Roller Hockey $60.00 $60.00 $10.00 $20.00 $?0.0o ,~ $1200.00 per day ~ ~40.00. Basketball/Racquetball/Volley Ball Tennis Courts Lights 12.00 12.00 10.00/hour FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE $60.00 <th th(l C. Additional Fees: Categories I and II Description Rental during non-business hours (hours that are not normal departmental operation) Additional non-security staff members Light fees (where not specified) Additional security staff members Special requests or additional clean up required Additional Fee Per Hour $20.00 15.00 per staff member 10.00/hour 20.00 per hour fee determined by department, based on cost Per hour fee determined by department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales ia.x, a~ a rate o~ ~'~ ~ -~:o_ $4.00 per day. Collier County residents with beach parking permits will be exempt from the $2.00 $4.0,.0. per day parking fee. Collier · ' ' ' ~' . e, ; Avert .- County residents may obtain a beach parking permit ........... for nI ,~ ,~- I em admini trati,,e charge of Sn.O0 fo,' a 2-' ear period.. Veh oles w th I 5 / JUN permits will net be ~ exempt from daily parking fee. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee Rive; ?arV, Collier Boulevard:Boat Park (951), and Bayview Park, shall have a I~ unch fee, ?.c~uzive, of saies tax, a' a rate of $3.00. Boat Launch permits may be pm >h?~,~, by all residen~z and vickors for an annual fee of $60. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial Permits for launch facilities may be acquired at Golden Gate Administration Building for a cost of $100. This permit is good from January 1 to December 31. There is also a launch fee of $3.00 per launch for commercial use. E. Concession Fees 1. Concession Booth/Location in conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. Organizations operating concessions for leagues will be charged $2.09 $5.00, per hour of operation. F. Marketing Fees - Reserved. G. Instructional Fees 1. Programs Fee Assessment: per hour or per participant basis. 2. Non-Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non-staff instructor(s) and the County as follows: 65% to the non- staffinstructor(s) and 35% to the County for all such Instructional Programs conducted on Collier County Facilities. After subtraction, the pro-ration for Instructional Programs conducted on non-county facilities shall be 70% to the non-staff instructor(s) and 30% to the County. H. Athletics. 1. Collier County Parks and Recreation Leagues Program Adult Minimum Registration Fee per Participant per League Play $2-8¢~ $30.00 Naples 15.00 Immokalee Youth 28.00 $30.00 Naples $5.00 Immokalee 6 J U lq ,~. 2002 p~._ League will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. Collier County Par_ks and Recreation Co-sponsored Leagues. , Fees applicable to C:.ie~ory.l[ .users ( League Type Fee Per Participant Per League Play Adult ...... $30.00 Youth $1.00 ~, ,, per registered youth per week of league play (includes play-offs or all-star play.) League will be charged light fees, but not for scheduled league games. ~ ....... per lC fill T.,.,-.... ~ ~1,,-,! .... per .... per 15 09'''~' u ....... ..... t-' ....... p~r 3_. ~. Clinics: Pro-rations. 1. 65% of the fees to the group or individual(s) and 35% of the fees to the County for Clinics conducted on any County facility. 2. 70% of the fees to the group or individual(s) and 30% of the fees to the County for Clinics conducted on any non-County facility. 3. Hourly rate for facility fund raising. Collier CounW Racquet Centers (Reserved).'. 7 JUN 2002 J. Collier Coun A uatic Facilities - Na les and Immokalee - Everyone pays aquatic facility rates. 1. Entrance Fees (inclusive sales tax) U:::ler 3 yrs Youth (3-17 yrs) Adult Naples Free $2.90 $2.50 $2-30 Immokalee Free 1.00 1.50 Senior (60+yrs) $3.00 $2.99 $2.50. 1.00 2. Pass Fees (exclusive of sales tax) Type Youth Adult Senior Family Naples 3 month $40.00 $60.00 $40.00 100.00 Immokalee 35.00 55.00 35.00 90.00 Naples Annual 60.00 80.00 60.00 225.00 Immokalee 50.00 75.00 50.00 210.00 3. Swimming Instructional Fee_s Na_gg!~les Children's ½ hour classes Children's % hour classes Adult % hour classes $3-5:00 $40.00./participant 41X00 $ 45.00./participant 4000 $ 45.00Jparticipant Immokalee 10.00/participant 15.00/participant 15.00/participant Private Lessons 15.00 per ¼ hour. Pool Rentals (exclusive of sales tax) Naples & Immokalee Each pool includes one staff member. Additional staff: $L0:O0 $15.00/hour per lifeguard. 1 Pool first hour $50.00 * Each additional oo1535.00 er hour. Schools Public Schools are fee exempt, however they are required to pay $15.00/hour per lifeguard or instructor, if not during regular operating hours. Collier County Fitness Center_s 1. Golden Gate and Max Hasse Fitness Centers - '~"~*'~'~*':" " includes use of all count~ a~quatic/fitness centers. Daily Monthly 3 Month Annual · ' A,en ';/_I ~.~r 5.00 25.90 $30.0~0 70.90 $_80.00. Lz00:O0 $240.00. ] lqo../Lg 13 {v 8 ~..~g. / ~ Spouse or additional family member to 24 yrs. of aee.) $120.00 (includes college students up Student (o?,'c~ 15-18) 75.L~3~ _$100.00. 2. Veterans and Immokalee Fitness Centers - membemhip at Veterans Park and Immo~lee Spots complex fi~ess centem do~ ~t include use of thee and ~lden Gate Fitness Center. Daily Monthly 3 month Annual 4.00 20.00 50.00 160.00 Spouse or additional family member yrs of aee.) Student (ages 15-18) 80.00 (includes college students up to 24 75.00 ***Daily walk in and membership fees are subject to 6% sales tax 3. Baby-sitting Service (Naples) $2.00 per child per use $15.00 per 10 visit card L. Corporate Discount on Annual Passes Discount does not apply to additional family members Based on employee participation. ~ Discount 5 -9 10% 10-24 20% 25 and above 40% 9 Mo Collier Coun Summer Cam s After School Pro s and Ran er Cam s Summer Camps Naples Full Session First child 49-5- $60.00 oer wk_ Additional child (same household) 4-50 $55.00 per Immokalee ' ?59 $a5 00 Partial Session 3 Week session only After School Camps Entire school year cost(39 Weeks), -----3-50 $275.00 209 $225.00_ Naples Immokalee Q~o nr~ $25.00 per week 585 $18 ocr week Transportation cost per week Based on current transportation Bid Cost 1 Day Camp Easter Camp - per week Christmas Camp - per week 15.00 15.00 5~ rm $60.00 40.00 55.00 (4 days ocr wk) 40.00 Ranger Camps 2 Week Session 175.00 1 Week Session 90.00 Memorial Bench and Tree Donations - To honor or in memory of a friend~ relative. or loved one. 1. $2~000 Concrete Bench 2. $1,000 Recycled Plastic Bench 3. $ 500 Tre_e Golden Gate Community Center Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Blvd. To Logan Blvd. To 1~t Ave. SS East Boundary: Canal 1 mile east of County Road 951 North Boundary: 1st Ave. SW over 951 Blvd and White Blvd to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara · Organizations in classes I, II, 1II, or IV declaring themselves as district must show proof of at least 50% membership within the taxing district. o User Categories. Class I: Charitable, Not-For-Profit organizations Class II: Not-For-Profit organizations 10 Cla~s I~Ii: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and any other group or individual. Auditorium: $200.00 All Other Rooms: 50.00 Rental Fees A. Rooms A,B,C,D, Annex 1,2 and 3 Category Class 1 Class 2 Golden Gate Taxing District No charge No charge Class 3 Class 4 No charge $6.00/hour Outside of Taxing District No charge Fee approved by Community Center Advisory Board No charge 25.00/hour B. Auditorium Category Golden Gate Taxing District Classes 1 & 3 No charge Class 2 Fee approved by Community Center Advisory Board Class 4 $20.00/hour until 10:00 pm $40.00/hour after 10:00 pm Outside of Taxing District t No charge Fee approved by Community Center Advisory Board $60.00/hour until 10:00 pm $80.00/hour after 10:00 pm Gymnasium - Fees governed by the Parks and Recreation License Policy Category Class 1 Fund Raising Class 2 Fund Raising General Fee $30.00 per hour any size $ 20.00 added to hourly rate above $60.00/hour any size $ 20.00 added to hourly rate above Classes m, IV will be required to pay sales tax. Service and Sale of Alcoholic Beverages. 11 to Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class II, as previously defined in O (z), ,,oove, the.' user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than five hundred thousand dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event of unusual or high exposure one million dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. RUles and Regulations for Users Serving Alcoholic Beverages. 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to. assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 12 Agenda. .o.. JUN 2`5 2002 1 2 3 4 6 7 9 tO 12 t3 14 16 17 t9 20 2[ 23 24 25 26 27 25 29 30 32 33 3-~ 36 37 38 39 .It 42 43 4'/ 49 50 52 53 56 59 60 61 62 63 64 65 66 RESOI.UTION No. 2002- A RESOI.UTION OF COLIAER COUNTY FLORIDA, AMENDING PARTS OF ARTICLE IV OF TilE COLLIEll COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WIIEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes'be made !o the County's Parks Recreation License and Fee Policy. That Policy was last amended by'Red'oration No. 200,-48i on 12/11/01. The Director recommends: (a) Increase the hourly room rate for all indoor facilities: (b) Increase user fees for facilities; (c) Add an administrative charge of 12.00 for a two-year period to obtain a Beach Parking Permit and increase tile daily parking fee to 4.00 per day. Vehicles with permits will be exempt from the daily parking fee; (d) Increase the adult participant fees for Athletic Recreational Leagues and Co-sponsored Leagues; (e) Increase swimming pool entr:mce fees: (f) lncrease the fees for the Instructional Swimming Program and Fitness Center Memberships; (g) Increase fees for pool rentals; (h) Increase fees for Fitness Center Membership (i) Increase the fees for the Collier County Summer Camps and After School Proerams in Naples and [mmokalee and specify that the per week transportation cost in lmr~okalee will be based on the then current transportation Bid Cost in lieu of a fixed fee. (j) Establish fees for Memorial Bench and Tree Donations. (To honor or in memory of a friend, relative or loved one.) WIIEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation. NO\V, TIIERF. FORE, BE IT RF. SOI~VED BY Tile BOARD OF COUNTY COM.MISSIONI~RS OF' COLLIL'R COUNTY that: !. Article IV of tile Collier County's Park and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: Article IV, Section A, entitled "Category ! User Fees", shall read: Facility Rates (excluding league play and special facilities (i.e. swimming pool elc.) ' Facility Type Type of Usage Rate Per Hour Indoor Per Room Gener:d $10.O0(Under 15.00 Sq Ft) $15.00(1501-3000 Sq. Ft.) $20.00~300 l-Over) Pavilions - Small S 10.00 - Large $20.00 Open Green S pace ( 100x 100) $10.00 Athletic Facilities General $30.00 Athletic Facilities Athletic Use $15.00 County \Vide Event - Sugden $800 per day b. Article IV, Section B, entitled "Category II - User Fees", shall read: I. Facility Rates (excluding special facilities i.e. swimming pools etc.) Facility Type Open Green Space (100 x lO0) County Wide Event - Sugden FootballlSoccerISoftb;filIBaseb;fill Little League/Sports Pavilion/ Roller t lockey' Base llourly Fee $20.00 $1200.00 per day $40.00 67 68 69 70 71 72 73 74 75 76 77 78 79 82 84 85 156 87 89 90 91 92 93 94 95 96 97 95 99 [00 102 103 105 106 ~07 10S 109 IlO Ill 113 II-I il5 116 117 IlS 119 120 121 122 123 125 126 127 125 129 130 131 132 [33 Co Article IV, Section D, entitled "Beach Parking Facilities Fees; Boat Launch Facilities Fees ", shall read: Beach Parking Facilities Fees. Beacl p: ,'ki E %-ililies includin? and not limited to, Earefoot i-qch Park, Barefoot Beach Access, Vanderbilt Beat.. ,'ark, CIm'n Pass Pack .':ali Shore Access, Tigertail Beach, and South Marco Beach Access ha,,',, u parking fee, inclusive of sales tax, at a rate of :$4.00 per day. Collier County residents with beach parking permits will be exempt from the $4.00 per day parking fee. Collier County residents may obtain a beach parking permit for an administrative charge of $12.00 for a two year period. Vehicles with permits will be exempt from daily parking fee. Article IV, Section H, entitled "Collier County Parks and Recreation Leagues" shall be amended only as follows: !. Collier County Parks and Recreation Leagues Program Minimum Registration Fee per Participant per League Play Adult $30.00 Naples 15.00 immokalee Youth 530.00 Naples 5.00 lmmokalee 2. Collier County Parks and Recreation Co-sponsored Leagues Fees applicable to Category I users only League Type Fee Per Participant Per League Play Adult $30.00 Youth $1.00 per registered youth per week of league play (includes play-offs or all-star play.) e. Article IV, Section J, I entitled "Entrance Fees (inclusive sales tax) Under 3 yrs Youth (3-17 Yrs) Adult Senior (60+)'rs) Naples Free $2.50 $3.00 $2.50 Immokalee Free 1.00 1.50 1.00 Article IV, Section J,3 entitled "Swimming Instructional Fees", shall read: Naples Immokatee Children's V~ hour classes Children's ~A hour classes Adult ~A hour classes $40.O01participant 45.00/participant 45.00/participant I O.O0/panici pant 15.00/pan ici pant 15.00/pan ici pan t Privale Lessons 15.00 per V~ hour Article IV, Section J, 4 entitled "Pool Rentals (exclusive of sales tax) Na ~le~ & lmmokalee' shall read as follows: Each pool includes one staff member. Additiomd staff: $15.00/hour per Ii (I) Pool first hot,r'SS0.00 *Each i, dditional pool $35.00 per hour. 134 135 136 137 138 139 140 14t 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 lq:fi} 161 1(>2 163 164 165 166 167 16S 169 170 171 172 173 L74 175 176 177 178 179 180 181 IS2 183 184 h. Article IV, Section K,I entitled "Golden Gate and Max Hasse Fitness Centers - membership includes usc of all county aquatic/fitness centers. Daily Monthly 3 Month Annual 5.00 $30.00 $80.00 $240.00 Spouse or additional family member $120.00 (includ.es college students up to 24 yrs. of age.) Student (ages 15-18) $100.9~ i. Article IV, Section fyi, entitled "Collier County Summer Camps, After Echool Programs, and Ranger Camps", are amended as follows: Summer Camps Naples Immokalee Full Session First child $60.00 per wk $50.00 per wk Additional child(same household) $55.00 per wk $45.00 per wk Pani.',l Session 3 Week session only After School Camps Entire school >,ear (39 Weeks) $275.00 $225.00 Naples Immokalee $25.00 per week $18.00 per week Transportation cost per week Based on current Transportation Bid Cost I Day Camp 15.00 15.00 Easter Camp - per week $60.00 40.00 Christmas Camp - per week $55.00(4 days per wk) 40.00 Article IV, Section N, entitled "Memorial Bench and Tree Donations - To honor or in memory of a friend, relative or loved one". I. $2,000 Concrete Bench 2. $1,000 Recycled Pl;tstic Bench 3. $ 500Tree 2. A cop3' of Ihe Fee Rules, as hereby amended and adopted, is attached. 3. This Resolution repeals Collier County Resolution No. 2001-481. 4. This revised policy shall be effective on the day following adoption of this Resolution, with the exception of c, g and h which will go into effect October 1,2002. This Resolution adopted this majority vote in favor of passage. 185 186 187 188 189 190 191 192 193 194 ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: 196 ~ 197 By: 198 199 Assistant Courtly Altorney 200 day of 2002 after motion, second and BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: James N. Coletta, Chairman EXECUTIVE SUMMARY APPROVE THE RENEWAL AND AMENDMENT OF CONTRACT #97-2623 ,,SKATEBOARD PARK CONCESSION" WITH SANCTUARY SKATE PARK- COLLIER, INC., FORMERLY SPARROW VENTURES, INC. (PROJECTED ANNUAL REVENUE OF $1000). Objective: That the Board of County Commissioners approve the renewal and amendment of a contract with Sanctuary Skate Park-Collier, Inc., formerly Sparrow Ventures, Inc., for an additional five years with agreed to amended language. Considerations: Collier County has been under Contract with Sanctuary Skate Park-Collier, Inc. for the operation and concession of the Sanctuary Skate Park for the past five (5) years. Staff and Sanctuary Skate Park-Collier, Inc. are agreeable to renew this agreement under mutually negotiated terms and conditions for five (5) additional years commencing August 25, 2002 and ending August 25, 2007 in accordance with the renewal clause in the agreement. The major change in terms for the additional five (5) years are that Sanctuary Skate Park-Collier, Inc. will be responsible for maintenance, repair, and replacement of ramps and rails at the Skateboard Park and will routinely inspect them for damages or deficiencies. Minor language changes were made to the contract language to reflect the name change referenced above and to update Concessionaire's CPR and First Aid certification requirements and fee schedule. Revenue generated over the past five years amounts to slightly over $28,000. Membership and session fees have been reduced to remain competitive. This will result in a loss of revenue, but because the concessionaire is assuming the maintenance responsibilities, savings in maintenance costs will more than offset the loss. Growth Management: East Naples Community Parke, inventoried in the County's Growth Management Plan. Fiscal Impact: The annual revenue associated with this contract is $1000, which is budgeted in the MSTD General Fund (111) Parks and Recreation account. Recommendation: Staff recommends that the Board approve the renewal agreement with Sanctuary Skate Park-Collier, Inc., for an additional five (5) years and authorize the Chairman to sign the agreement. Prepared b Department of Parks and Recreation Date: and ~ Approved by: Marla~amsey, Director/ Department of Parks and Recreation Approved by: ' ,a, ~-, ,/qJ ,~J'~?) ..:, ."~ . id C -Steve Carnell, ~[r~CGr ' [' Depa~ment of Purchasing ;.)ate: ~,/U/O Z. Date: Agenda Item .o. ~b ? _ JUN 2 ~ 2002 PO EXHI~IT A-1 First Amendment to Concession Agreement No. 97-2623 The "Skateboard Park Concession" This is a Renewal (5 addit'ional ye.a'E0 and Revision of the Skateboard Park Concession Agreement ("Concession Agreen~/ent') originally dated August 26, 1997 between Collier County ("County") and Sparrow Ventures Inc. ( Concess~onmre ), a Florida corporation. This Amendment is effective as of August 25, 2002. All capitalized terms used but not defined herein shall have the same meanings as in the Concession Agreement. All references herein are to subsections or sections in the Concession Agreement. The parties hereto agree as follows: 1. Concessionaire represents to County that it continues to be an active Florida corporation, that it has changed its name to Sanctuary Skate Park-Collier, Inc., and that the change of name has been recorded in the records of the Florida Division of Corporations. Concessionaire's address in the first paragraph of the Concession Agreement, and in Section 2 (Notices) of the Concession Agreement is hereby changed to: "6099 Shallows Way, Naples, Florida 34109." 2. The Concession Agreement is hereby renewed and extended for a renewal term of five (5) years as provided for in the Concession Agreement. All provisions of the Concession Agreement shall remain in full force and effect during the renewal term, except to the extent expressly specified to apply only to a prior time or to the extent of conflict with any provision of this Renewal and Revision. 3. Subsection 1.b. (Scope; Facilities) is revised to specify that the County has no obligation to provide funding for ramps or rails. 4. Section 2 (Notices) is revised to ac-knowledge that County's new zip code is 34116. Section 5 is revised to read as follows: Maintenance. The Concessionaire shall be responsible for maintenance, repair and/or replacement of ramps and rails at the Skateboard Park. The Concessionaire shall inspect the ramps and rails daily for damage or deficiencies and maintain a daily log of the findings and repairs. The daily logs shall be faxed to the Parks and Recreation Department once per month (or immediately if Concessionaire finds a safety issue). Any dangerous obstacles shall be immediately roped offuntil repairs are made to eliminate the danger. Continuous observation for damage to ramps and rails is important and any dangerous conditions must be reported and repaired immediately to insure a safe environment. I Agenda Item ! ? i 2 .__P0. '---~, 6. In Section 9, Concessionaire and each of its employees must successfully complete CPR and First Aid certification from the Red Cross or another organization approved by County, and also must maintain such certification throughout the term of this Agreement. " "-" is replaced with "Concessionaire" in the first sentence of' 7. The word contrac,:~,,. Section 29 (Term.in.a,on). 8. Concessionaire shall charge the following fees to the public for use of The Sanctuary, or such other fees as may be approved by the Director of County's Parks and Recreation Department: Membership Non-member Session Fees $20 per year $10 for three hours $ 7 for two hours $ 4 for one hour Access shall not be allowed without payment of the Membership fee, except during such Weekly Free Public Skate times. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By: By: Deputy Clerk James N. Coletta Chairman SANCTUARY SKATE PAKK-COLL~ INC. Signature of First Witness ?Type/print witness' name? By: Signature Typed/print name and title (CORPORATE SEAL) Signature of Second Witness ?Type/print witness' name~' Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda I~.em No. ¢-D ? 2 § 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE A RESOLUTION EXTENDING THE TERM OF THE COLLIER'COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE, AND APPOINTING AND EXTENDING THE TERMS OF MEMt.ERS OF THE COLLIER COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE OBJECTIVE: Board approval of a resolution to extend the term of the Collier County Health and Human Services Advisory Committee and to appoint and extend the terms of the members of the Collier County Health and Human Services Advisory Committee. CONSIDERATION: On June 26, 2001, the Board adopted Ordinance No. 2001-40 which established the Health and Human Services Advisory Committee. The Ordinance provided for the dissolution of the Committee at the conclusion of one year from the date of the Ordinance, said expiration date being June 26, 2002. The Ordinance further provided that the Board of County Commissioners could extend the term of the Committee by Resolution. In order to finalize the work necessary to conduct the study of and to make recommendations regarding the following two items, it will be necessary to extend the tem~ of this ad-hoc advisory committee for one additional year through June 26, 2003: 1) The Intergovernmental Transfer Program for Funding a Primary Care Facility 2) The Trauma Care Center The work of the Committee will be directed exclusively toward the study of these two issues. In addition, staff is requesting that the following committee members be appointed to or their terms extended on the Collier County Health and Human Services Advisory Committee for one additional year through June 26, 2003. Joe Paterno, Southwest Florida Workforce Development Board George Drobinski, Collier County Hunger & Homeless Coalition Dr. Carl J. Sheusi, Independent Health Care Provider Edward A. Morton, Naples Community Hospital Healthcare System Fielding Epstein, Cleveland Clinic Tina Marie Osceola, Collier County Sheriff's Office Ernie Bretzmann, United Way Dee S. Whinnery, Collier County School Board Susan Luenberger, Community Foundation of Collier County Wayne Sakamoto, Health Insurance Industry Petra M. Jones, Mental Health Associatio.". Edwz:'d T. Ferguson, Collier County Community Based Care Alliance Margaret Williams, Dental Association Mark Gianquitti, Chamber of Commerce Ann Campbell, Health Care Planning & Finance Committee Pat F. Engelhardt-Provence, Banking and Trust Industry James Coletta, Liaison for the Collier County Board of Commissioners The above list reflects the names of three new members proposed for Board approval due to current vacancies. The current member representing the Dental Association, Keith Riley, has ne~mer attended the meetings due to scheduling conflicts with his practice nor has he responded to a request to resign; therefore, the ordinance allows for this position to be declared vacant by the Board of Commissioners. The Board is asked to declare this position vacant to be filled by Margaret Williams representing the Dental Association. The Board is also requested to appoint Ann Campbell representing the Health Care Planning & Finance Committee, and Pat F. Englehardt-Provence representing the Banking and Trust Industry. Since these three applicants are not members of the particular categories they would be representing if approved by the Board, a legal opinion rendered by the County Attorney's Office has indicated that committee members are not limited to one from each of the categories outlined in Section Two of Ordinance Number 2001-40. The Ordinance may be interpreted as indicating a preference for its membership from the list; however, the language in the ordinance does not preclude members from other disciplines from serving on the Committee. The Health and Human Services Advisory Committee recommended approval of Margaret Williams and Ann Campbell but did not recommend Pat F. Englehardt-Provence. FISCAL IMPACT: There is no direct fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution to extend the term of the Collier County Health and Human Services Advisory Committee and to appoint and extend the terms of members to the Collier County Health and Human Services Advisory Committee for one additional year through June 26, 2003. In addition, the Board is requested to declare a vacancy for the Dental Association category and fill the three vacant positions as indicated above. Further, the work of the Committee will be directed exclusively toward the study of the Intergovernmental Transfer Program for Funding a Primary Care Facility and the Trauma Care Center. r~v.--~'~.~7).v ///~:~/~ ! ~,.~;x/-~-c,' Date: SUBMITTED ~-. rr-~'~-~,.., . .,- : .. z Kathleen McL,{my-Cajpenter Executive Secretary to the Public Services Administrator APPROVED BY: fuh~ lq; iSunnuck, III blic Services Administrator Date: 6f~ ~ JUN 2 5 200 Pg · ;,'~ _ 1 2 3 ~"~5 3 7 $ 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~ 36 37 38 39 40 RESOLUTION NO. 2002 - A RESOLUTION EXTENDING THE TERM OF THE COLLIER COUNTY ItEALTH AND HUMAN SERVICES ADVISORY COMMITTEE, AND APPOINTING AND EXTENDING THE TERMS OF MEMBERS TO THE COLLIEP. COUV, TZ' HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE. WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2001-40 establishing the Collier County Health and Human Services Advisory Conmfittee to assist staff in developing a comprehensive health and human services plan; and WHEREAS, the Collier County Health and Human Services Advisory Committee is established as an ad-hoc advisory committee whose term expires one year from the date of adoption of the Ordinance by the Board of County Commissioners, said expiration date being June 26, 2002; and WHEREAS, in order to finalize the work necessary to conduct the study of and to make recommendations regarding the following two items, it will be necessary to extend the term of this ad-hoc advisory committee for an additional year. Said items are: I. Intergovernmental Transfer Program for Funding a Primary Care Facility. 2. Trauma Care Center WHEREAS, the work of the committee will be directed exclusively toward the study of the h~tergovemmental Transfer Prograna for Funding a Primary Care Facility and the Trauma Care Center. WHEREAS, the Chairman of the Collier County Health and Human Services Advisory Committee has provided the Board of County Commissioners with a list of suggested members to be appointed and the terms of existing members to be extended to June 26, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Health and Human Services Advisory Committee is hereby extended for an additional period of one (I) year, said term to expire June 26, 2003. 2. The work of the committee will be directed exclusively toward the study of the Intergovernmental Transfer Program for Funding a Primv,y Care Facility and the Trauma Care Center. 3. The following members are hereby appointed to, or their terms extended on the Collier County Health and Human Services Advisory Committee for the aforementioned term: Joe Paterno, Southwest Florida Workforce Development Board George Drobinski, Collier County Hunger & Homeless Coalition 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O Dr. Carl J. Sheusi, Independent Health Care Provider Edward A. Morton, Naples Community Hospital Healthcare System Fielding Epstein, Cleveland Clinic Tina Marie Osceola, Collier County ShefiWs Office Emie Bretzmann, United Way Dee S. Whinnery, Collier County School Board Susan Luenberger, Community Foundation of C~'"~ County W yne Sakamoto, Health L~surrnce lndust"7 Petra M. Jones, Mental Health Associatio:'. Edward T. Ferguson, Collier County Community Eased Care Alliance Margaret Williams, Dental Association Mark Gianquitti, Chamber of Commerce Ann Campbell, Health Care Planning & Finance Committee Pat F. Engelhardt-Provence, Banking and Trust Industry James Coletta, Liaison for the Collier County Board of Commissioners This Resolution adopted after motion, second, and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: I tacq~fielfne Hul3bard Robinson ~Assistant County Attorney JUN 2 2002 Margaret Williams Executive Director, Collier County Medical Society. 2400 9th Street N., qaite 20?, Naples FL 34103 (5-10-02) '"' '~' //?.? /?~%.'.--~,' :'..<' C. : Executive Director of Medical Society. A professional association of 400 physicians in Collier County. Responsible for administration, public relations, event planning, membership recruiting and liaison w~th other professional organizations. Business Professional with background of I 1 years experience in managing the start-up and development of a Medical software computer company. Expertise in organizational planning and staff management. Developed and implemented sales, marketing plans, public relations ~ quality customer service. Leadership and Administrative skills resulting in a successful small business. Excellent working relationship with customers, peers, and employees. Dedicated individual with a proven track record of contribution to company objectives. Professional Experience. Executive Director, Collier County Medical Society. 2000-present Business Manager. Intellex Medical Management Systems. 1988-1999 Teacher of English as a Foreign Language. Bahrain, Persian Gulf 1973-1982 Grade School Teacher. England. 1969-1973 Education University of London Univers~y of Essex University of South Florida 3-year certificate in Education Certificate in Teaching English as Foreign Language Introduction to Public Relations for Business Professionals Community Involvement WGCU Radio Reading Service Unitarian, Universalist Congregation of Naples Reader for services for the blind Social Action committee member Organization Involvement American Association o£Medical Society Executives Florida Medical Association Conference of Executives Florida Medical Association Committee on PR and Communications (advisor) Toast Masters Public Relations Society of America Public Relations, Marketing and Advertising Professionals of Collier County Medical Management Association of Collier County Interageney of Collier County ..... r' .......... Page I o£ 2 '" .FW: ,~n Campbell resume filson_s From: Dr. Joan Colfer Sent: Friday, May 10, 2002 ? ~.28 AM ~ To: tilson_s Cc: WilliarnsBarry Subject: FW: Ann Campbell resume Sue, attached is Anne Campbe}l's resume. She is requesting a place on ~c Hcat~ ~d H~ S~i~ Comm~ttec. As you ~ow, o~ lack of a~g m~ ~ made it ~ficult to roach a q~ ~d conduct b~in~s on a ~gul~ b~s. ~. C~pbe~ h~ ~ways ~n a swong ~p~ of ~e He~ D~cnt ~d has a~dcd m~y mce~gs of ~c ~S Com~U~ ~ a m~b~ of ~c ~blic. ---Original Message--- From: Acampl08Z'~aol.com [mailto:Aqa..m_l~!0~2:~.'..anl,c,~m] Sent: Thursda3', May 09, 2002 5:33 PM To: Joan_Colfer~doh.state.fl.us Subject: Ann Campbell resume Dr. Coder, Couldn't locate my formal resume today ~ this is a modified one. Ann Campbell 103 Clubhou~ Lane, #285 Naples, FL 34105 Phone: 263-1755 Fax: 263-1755 E-Mail: acamp1082~aol.com Spouse: Charles Resident of Collier Count3' since 1986 Summer Address: (June - Octaber) 20 Rolling Crreen Lane Mashpee, MA 02649 Fame & Fax: (508) 477-8221 Education: BSN, Salem State College, Salem, IvlA. Nursing Diploma (IQ'q) St. Vincent's Hospital, New York, N.Y. Professional Cm'eer:. Substance Abuse Nursing in Ft Myers and on Cape Cod, Geriatric Nursing, Director of Nursing in 140 bed facilit3', cardiac care and general mcd. ical nursing as nurse manager Massachusetts General Hospital, Chief Nurse, 102nd Clinic, Massachusetts Air National Guard. Retired as Lt Col after 28 years. Local Boards and Committees: League of Women Voters of Collier County, Chair of Social Policy Committee. Naples Alliance For Children, Secretary;Health Advocacy Committee, Immunization Coalition. 5110/2002 No. _._l~J2--~ PO._ {-~ FW: Ann Campbell resume bxlson 941-774-8885 Other Board: League of Women Voters of Florida, Sec, tala,5' Community Involvement: Leadership Collier, Masters Class II . . p~ m,~mbership in PubI~c H~alth Advisory Committee, Collier Count)' Health Care Task Force, Corrgnu~ ity hcalth Assessment C:;w, mittee. p.4 Page 2 of 2 5/10/2002 Agende ..~ t~,~ 2002 Board of County Commissioners 3301 East Tamiami Trail Naples, FL (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Pat F. Engelhardt-Provence Home Ph: 594-7715 Home Address: 4680 St. Croix Lane, #537, Naples, FL Zip Code: 34109 Fax No. 594-1513 Business Ph: 594-7715 email: prohardt~comcast.net Board or Committee Applied for:. The Hispanic Affairs Advisory Committee. Category (if applicable): Not Applicable. Are you a registered voter in Collier County: Yes_ X__ No~ Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier Count board or committee? Yes~ No X__ If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: 2001:'Collier County Republican Executive Committee Member. 2001: Commissioned, Stephen Minister: Caregiving Counselor. 1998: Vice-Chairperson of the City of Fort Myers Economic Development Board (EDB) - Appointed by the Mayor to the newly formed EDB. 1995-98: Executive Board of Directors and Volunteer - Lee County Chapter of the American Red Cross: · Chairperson, 1996 ARC State Conference in Fort Myers, FL. ~ Clara Barton Humanitarian Award Steering Committee. · Recipient of 1996 Award of Excellence from ARC National No. lU~ ; J U N 2 Ch_alrman, Norm Augustine, for Chairing a successful ARC State Conference. ' -1998 Secretzry of th-e Lee County ARC Board and Vice Chair. 1996: Gulf Coast Woman Magazine Profile: "At Attention With Pat Engelhardt, A Passion For Leadership". 1994-96: Past V.P. Of Advisory Board and Guardian volunteer -Lee County Guardian Ad Litem program. 1994-99: Founding Board of Directors, Tender Loving Care Complex, Inc., A Foster LIome for sibling groups. 1995: Public Service Recognition from Late Gov. Lawton Chiles. 1997: State of Florida, Atty. Gen. Butterworth; Vic~m Advocacy Program7 1995-97: Executive Committee, Lee County Juvenile Justice Council; Office of Juvenile Justice Delinquency Prevention; Comprehensive Strategic Planning Founding Board and Committee member. Education: 1995: Business Marketing Trainer/Instruction Certification; School District of Lee County, Business & Industry Services. 1994: Dale Carnegie CoUrSe; J. Neil Dwyer & Assoc., Inc. (Distinguished Graduate), Fort Myers, FL. 1991: Public Affairs Staff Officer's Course; Department- of Defense Information School, Indianapolis, IN. 1985: M.S. Counseling and Human Development; Troy State University, AL. 1981' B.A. Radio/Television/Journalism; University of Central Florida_ Experience: Over twenty years of government and non-government , leadership experience in project management; to include, planning and directing organizational policies and objectives, counseling, and public relations; production of corporate funclraising and development communications and 501(c)(3) plans, corporate conference planner and presenter, business and industry trainer, and a political lobbyist for community social services and agency collaborations. A B~ilder and maintainer of projects from concept to reality. A seasoned strategic planner and researcher for government and business programs, and Boards of Directors. A professional speaker and technical writer. Decorated. U.S. Air Force Veteran of Vietnam-Era and Operations Desert Shield and Desert Storm. JUN 2 5 7~0~ Fg. ,? EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR ATHLETIC FIELD IMPROVEMENTS AT OSCEOLA ELEMENTARY IN THE AMOUNT OF $391,559. Objective: To enter into an Agreement with the Collier County School Board to upgrade and improve recreation fields and facilities in exchange for usage as County recreational facilities. Considerations: The School Board is currently in the process of constructing the Osceola Elementary Campus located next to Ban'on Collier High School. They will be constructing two little league baseball/softball fields, with additional room for a partial soccer/football field. Staff has been working with the School Board§ design staff from the beginning of this project and has incorporated design changes to allow for public use of the fields. Staff has negotiated a 40 year agreement with the School Board that will reimburse the School Board for lighting and upgrades to these fields, in exchange for usage of the fields for County recreation purposes. The lighting and upgrades are necessary to bring the facilities up to Park and Recreation Department standards for league play. Staff believes this is a cost-effective method of providing recreational services to this part of the county. Joint use of other governmental facilities and lands, for recreational and open space, is a goal outlined in the growth management plan. Growth Management: These facilities will be inventoried in the growth management plan. Fiscal Impact: Funds in the amount of $391,559 are budgeted in Parks and Recreation Impact Fees, project 00181. Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to sign the final, County Attorney approved standard Interlocal Agreement as negotiated by staff once executed by the Collier County School Board. fl James'F~zek, Operations Manager / / J Department of Parks and Recreation Reviewed and ~:~ ~ : . ~: ~ ~ff, L~ Date: ~ Approved by: /~ ~Marla Ram~e~, Di~recto~. _ Department of Parks and Recreation Reviewed Approved ' :icD~en~t~ci~e'sAdministrat°r I- ! -2000 AGREEMENT TI-IlS Agreement, made and entered into this day of , 2002 by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, Florida, hereinafter called the SCHOOL BOARD. WITNESSETH WHEREAS, the COUNTY, in cooperation with the SCHOOL BOARD wishes to upgrade and improve various SCHOOL BOARD recreation fields and/or facilities at Osceola Elementary in exchange for usage of said fields and/or facilities for COUNTY recreational usage, hereinafter referred to as the "Project", and WHEREAS, the SCHOOL BOARD wishes to engage the services of a finn capable of performing the work related to the Project, hereinafter called the CONTRACTOR, and WHEREAS, the COUNTY des[res to compensate and have the .SCHOOL BOARD engage said CONTRACTOR for the Project; and WHEREAS, the SCHOOL BOARD is agreeable to and desirous of undertaking such services for COUNTY in connection with the Project, and WHEREAS, the COUNTY is agreeable to and desirous of providing funding to the SCHOOL BOARD in connection with the Project as described herein; NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, the SCHOOL BOARD hereby agrees to undertake said services in connection with the Project as outlined below, and both the COUNTY and the SCHOOL BOARD hereby covenant each to the other to implement the Project concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRII~TION OF SERVICES AND TERMS OF USE. 1.01 The identity and locations of the recreation fields and/or facilities where services are to be provided shall be as per Exhibit "A", attached, and incorporated herein by reference. If additional locations are added to the original list as per Exhibit "A", they shall be mutually agreed upon in writing between the SCHOOL BOARD and the County Parks and Recreation Director or their designee. 1.02 A description of the services to be provided under this Agreement as well as the cost for each service shall be as per Exhibit "B", attached and incorporated herein by reference. 1.03 It is further agreed by the SCHOOL BOARD that the COUNTY shall have the usage of the facilities listed in Article 1.01 above, after school hours, Monday through Friday, 3:30 p.m. until 10:00 p.m; and on weekends, Saturday and Sunday from the hours of 6:00 a.m. until 10:00 p.m., and days when school is not in session, including but not limited to summer break and holidays. 1.05 The COUNTY and the SCHOOL BOARD agree that the school restroom facilities with direct outside access, shall be made available to the public during the periods when the facilities as described in Section 1.01 are in use by the COUNTY, for the days and time periods as described in Section 1.03. The COUNTY, at its...~xpense, sh~'/repair, and maintain the fend. ed-in area elus ten (10) feet beyond the ~ence, on the softh~ll fields. Maintenance shall include the following items: Lighting, irrigation, mowing, clay work. Repair and maintenance on these items shall be in accordance with COUNTY park standards. COUNTY shall be able to maintain and repair said areas during regular school hours on a schedule to be coordinated between the COUNTY representative or their designee and the SCHOOL BOARD representative or their designee. JUN 2 5 2002 I- 1-2000 SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate Forty (40) years from that date unless as provided in 2.02. 2.02 On or before the expiration date of this Agrecm¢,,L tl.e Parties may extend this Agreement by mutual agreement under all of the terms and conditions contained herein for an additional multi-year period to be determined by the COUNTY Parks and Recreation Director or their designee and the SCHOOL BOARD. 2.03 The COUNTY or SCHOOL BOARD may terminate this Agreement with reasonable cause or by mutual agreement prior to the expiration of this Agreement, upon sixty (60) days prior written notice each to the other. In the event of such termination by either party, within the initial 40 year term, the COUNTY shall be entitled to reimbursement for the cost of improvements provided in EXIB1T B, provided, however, the cost reimbursed to the COUNTY shall be reduced on a pro rata bases based upon the time period for which this agreement is effective, or if the COUNTY is agreeable, the SCHOOL BOARD. shall provide like facilities for COUNTY use for the remainder of the lease period. The COUNTY shall not be entitled to any compensation or usage of any replacement facilities after the fortieth year. SECTION III. 3.01 SCHOOL BOARD's RESPONSIBILITIES The SCHOOL BOARD shall assume the entire responsibility for contracting with the CONTRACTOR for the Project described herein. 3.02 The SCHOOL BOARD shall be responsible for management and oversight of the Project. 3.03 The SCHOOL BOARD agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with SCHOOL BOARD. In this respect, the SCHOOL BOARD agrees to require its representative or agent to attend regular progress meetings as may be reasonably requested by the COUNTY. 3.04 The SCHOOL BOARD agrees to administrate, in the form of plans, memoranda and reports, Project clarifications and changes which may be necessary during the Project. If any such changes exceed the contract amount authorized by this Agreement, the SCHOOL BOARD shall notify the COUNTY's representative, and if the COUNTY approves such changes in writing, and agrees in writing to reimburse the SCHOOL BOARD for the additional costs, the SCHOOL BOARD shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes the SCHOOL BOARD to prepare, execute and implement minor Change Orders to the Contractor for work changes necessitated by the Project so long as the contract amount authorized by this Agreement is not exceeded. 3.05 The SCHOOL BOARD agrees to obtain required waivers and releases of claim of lien from persons and lb'rna performing work or providing services on or for the Project. SECTION IV. 4.01 4.02 COUNTY'S RESPONSIBILITY With respect to specific services to L~ provided :o the SCHOOL BOARD by the COUNTY under the terms of this ~ .?,reement, ~m'vices -:r.'. de~.med to include but shall not necessarily be limited to the following items: The COUNTY agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with SCHOOL BOARD. In this respect, the COUNTY agrees to require its representative or agent to attend regular progress meetings as may reasonably be requested by the SCHOOL BOARD. Ag,end~ .o JUN 2 2on Pg · ,..._"~ t- 1-2000 4.03 The COLFNTY shall provide reimbursement of the actual costs of the Project up to and including the sum of Three hundred ninety one ~Us~d five hundred fifty nine dollars ($391,559.00). 4.04 In the event that the COUNTY Should desire additional services as necessary and mutuall~y agreed upon by COUNTY and CONTRACTOR under this Agreement in ' additio~ to those identified in Exhibit "B", and which would exceed the contract sum of Throe hundred ninety one thousand five hundred fifty nine dollars ($391,559.00). Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY's representative and the SCHOOL BOARD in compliance with the then current COUNTY Purchasing Policy. 4.05 The COUNTY shall regularly and periodically examine, with the SCHOOL BOARD's representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the SCHOOL BOARD'S contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the SCHOOL BOARD. When such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services and shall transmit them for payment to the COUNTY Finance Director as part of the payment process for the Project. 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental A~eements thereto, make a final review of the Project with the SCHOOL BOARD's agent or representative. 4.07 The COUNTY shall have the right to inspect any work done for the Project and shall have access to the site at all times. 4.08 The COUNTY reserves the right to make a final inspection and approval of any work done for the Project prior to making payment. SECTION V. INSURANCE 5.01 The COUNTY and the SCHOOL BOARD shall maintain insurance coverage in the minimum amounts and types as required by Florida Law. 5.02 The COUNTY and the SCHOOL BOARD agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations. SECTION VI. _REPRESENTATIVES 6.01 The COUNTY Parks and Recreation Director, or their designee, either directly with the SCHOOL BOARD Director of Facilities Planning or their designee shall, respectively, act as the COUNTY'S and SCHOOL BOARD's contract authority and representatives under this Agreement SECTION VII. PAYMENT 7.01 The COUNTY shall pay unto the SCHOOL BOARD the amount of COUNTY'S cost of scrvicespursuant to Article 4.03 and 4.04 above. Payment will be made upon receipt of a proper invoice and in compliance with Section 718.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". SECTION IX. MISCELLANEOU_S 8.01 It is understood that this Agreement shall be executed by both parties prior to the SCHOOL BOARD and the COUNTY commencing with the work and services described herein. I- t -2000 8.02 This Agreement contains the entire understanding between the pmaie~ ~nd modifications to this Agreement shall be mutually agreed upon in writing by the SCHOOL BOARD and the cOUNTY Parks & Recreation Director or their designee, in compliance with the then current COUNTY Purchasing Policy. IN WITNESS WHEREOF, the parties hereto have caused this Agre°-ment to b .xecuted by their appropriate officials, as of the date tn'st above written. BOARD OF COUNTY COMMISSIONERS AS TO cOuNTY: COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency obert Zache, ry /~.County Attorney JAMES N. COLETTA,, CHAIRMAN AS TO THE DISCTRICT SCHOOL BOARD OF COLLIER COUNTY: SIGNED, SEALED AND DELIVERED fin THE PRESENCE OF: A%TEST: SUPERfiNTENDENT OF SCHOOLS DR. DAN W. WHITE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, NAPLES, FLORIDA MS. ANN GOODNIGHT CHAIR "o. 44/z--a I JUN 2 t EXIBIT A Site plan on file in the Collier County Parks and Recreation Department and at the Collier County Public Schools Facility Planning Department. Ag?nd t m UN 2 § 2002 ~(a) EXIBIT B 8(a) 8(b) 9. 9(a) 10. 11. 12. 13. Added Irrigation Pump .. #2 and Controller #2 Electrical Wiring for added pump and controller Increase Irrigation system Piping to 4" main Foul 1.3ne fences and backstop Fences Four foul poles 1" PVC Water Service to 4 water fountains Two Quick connect couplers at pitchers mound Asphalt Drive Sports Field Lighting, power conduits & Feeders, power panels, lighting controllers and contactors, scoreboard power and spare control conduit. Concrete Pad for Electrical equipment. Fencing Enclosure at pad Ballfield site work 3" Tuff Base Herbicidal Treatments Landscape credit Drainage Improvements Contractor Fee $24,250.00 $ 6,586.00 $ 3,399.00 $ 3,890.00 $1,000.00 $3,500.00 Included $24,253.00 $240,168.00 $1,802.00 $2,500.00 $19,800.00 $31,096.00 $1,500.00 ($ 952.00) $11,167.00 $18,500.00 TOTAL $391,559.00 J U N 2 § 2002. Pg. EXECUTIVE SUMMARY. APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF EVERGLADES FOR THE' COMMUNITY CENTER SKATE PARK PROJECT FOR UP.. TO $25,000 IN MATCHING FUNDS. Ob, iective: That the Board of County Commissioners approve an Interlocal Agreement to partially fund construction and improvements to the City of Everglades Community Center Skate Facility, Playground, and Basketball Courts. Consideration,: This project and funds where approved by the Board in this year's budget. The Interlocal Agreement provides for reimbursement to the City for 50% of the improvements not to exceed $25,000. The City shall submit invoices for the projects by March 30, 2003. Growth Management.: None, this project is a City of Everglades facility. Fiscal Impact,: Funds are budgeted in Fund 306 in the amount of $25,000. Recommendation..: Staff recommends that the Board approve and authorize the Chairman to execute the Interlocal Agreement. Prepared by:~, James Fitzek70pe[rauons manager c-.-' 'Department of Parks and Recreation Reviewed and .--'~//; /? Approved by:~ De~partment o f Parg, s,,~_~/R~jc re ation Approved by: Joh~)unnuck,_ _Ad _mini .strat°r Di~sion of Public Services Date: ~. ~ ~ ~/~/?-- Date:~__~0r-.- 2002 INTERLOCAL AGREEMENT FOR FUND SHARING FOR EVERGLADES CITY COMMUNITY CENTER IMPROVEMENTS THIS INTERJ~OCAL AGREEMENT, by and between Collier County, (hereinafter referred to as "County"); and the City of Everglades, (hereinafter referred to as "City"); · WITNESSETH WHEREAS, the Board of County Commissioners of Collier County has approved matching funding assistance to the City of Everglades for the Everglades Community Center Improvements Project, which funding was approved in the 2002 fiscal budget for Collier County; and WHEREAS, this Agreement to formalize the obligations of the Parties hereto with regard to that funding. NOW, THEREFORE, County and City hereby agrees as follows: 1. The County shall pay up to twenty-five thousand dollars ($25,000), in matching funds for completion of refurbishment of the Everglades City Community Center skate park, basketball courts and playground to be paid as reimbursement to City to include fencing, lighting, paving, and skate park equipment. City should submit invoices to the County for said project not later than March 30, 2003. 2. These improvements are deemed to have a useful life of twenty (20) years. The City shall not assess an additional admission fee, user fee, etc., to County residents during the life of the project and City shall make these facilities available for the County's summer youth camp program. In the event that any of these obligations are violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight line depreciation with no residual value. 3: This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the party that last executed this agreement. 4: This Agreement will be recorded by County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ATTEST DWIGHT E. BROCK, Clerk BY: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-TY, FLORIDA BY JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: qZ"'~'l~obert Zachery Assistant County Attorney ATTEST: DOTTIE SMALLWOOD, CITY CLERK Approved as to form and legal~cy: ~ ,a/City Attorney CITY OF EVERGLADES, A FLORIDA MUNICIPAL CORPORATION SAMMY HAMILTON JR., Mayor ~A~: (c,-/cY o~ ~o.~tO. 2002 EXECUTIVE SUMMARY APPROVE CHANGES TO THE RECREATION NEIGHBORHOOD APPLICATION AND CRITERIA. COLLIER COUNTY PARKS AND PARK AND TOT LOT POLICY Objective: That the Board of County Commissioners approves policy and procedure changes to Collier County Parks and Recreation Department's application for Neighborhood Parka and Tot Lots. Consideration: The Board previously adopted the Neighborhood Park policy in 1999. The proposed application for a Neighborhood Park and Tot Lot is being amended to define park distinctions between Neighborhood Parks / Tot Lots as requested by the Parks and Recreation Advisory Board, and to adjust the cost of development. Through experience developing neighborhood parks in older neighborhoods such as Naples Park and Isles of Capri, the 1999 costs are not applicable today. For example, the cost of property on the Isles of Capri for a ¼ acre today is $80,000 while the current policy allocates only $60,000 for acquisition of a "neighborhood" park, 3-5 acres in size. As a result, staff is recommending that the Board modify the estimated cost of land acquisition and development of a Neighborhood Park from $95,000 to $250,000. Additionally, the new policy provides a distinction between a Neighborhood Park and a tot lot (playground). A Neighborhood Park, 3-5 acres in size, includes playground equipment, landscaping, walkways, picnic area, open play area, benches and fencing for safety. The Tot Lot Standard (1/2 acre - 1 acre) includes play apparatus, benches, landscaping to code and fencing for safety. The estimated cost for a Tot Lot is $125,000. Should the communities wish to add additional amenities beyond these standards, it would have to be done through a Taxing District. The distinction of the two types of parks will help communities determine which type of park is most suitable for the community. Fiscal Impact: The current policy sets costs for the acquisition and development of a neighborhood park at $95,000. The new policy will increase the total cost (land acquisition and development of a park) to $250,000 for a neighborhood park and $125,000 for a Tot Lot. Currently the Board has budgeted for the acquisition of two parks. This would raise the budget for FY03 from $190,000 to $500,000. General Funds have been used in the past due to the fact that the County typically receives several applications annually from thr°ugh°ut the c°mmunity and these Parks ~~, ,,_.~ provide a relief to the community from having to drive to community parks.' The1 Community Character Study previously accepted by the Board further supports the development of these parks. The Board will have the opportunity to review how many of these parks would be funded during the Board discussion. Grow*.h Management: Neighborhood Parks are not evaluated in the Growth Management/'lan. Recommendation: The Parks and Recreation Advisory Board and staff recommend that the Board approve the amendment to the Creation of Neighborhood Parks and Tot Lots policy. Prepared by: Steve Wh~tt~er, Recreatton Manager Department of Parks and Recreation Reviewed an~ Approved by De :tm~earks anTreation Reviewed and Approved by: 'Jci!~ )unnuck, Administrator D ,ion of Public Services Date: Date: Date: COLLIER COUNTY PARKS AND RECREATION POLICIES AND PROCEDUR.ES MANUAL EFFECTIVE DATE: SUBJECT' CATEGORY: CREATION OF NEIGHBORHOOD PARKS AND TOT LOTS PAGE NUMBER: PURPOSE: The purpose of this Policy is to create a mechanism by which a neighborhood in Collier County may obtain a neighborhood park or tot lot. This policy will establish standards in way of size, facilities and maintenance. POLICY: The Recreation and Open Space Element of the Collier County Growth Management Plan states that neighborhood parks shall be provided primarily by the private sector and City of Naples with the County's focus on larger type parks. The policy would allow Collier County Board of Commissioners to consider smaller parks in areas currently not being served as defined in this policy. 1. Location and Land Criteria: A. Definition of Neighborhood Park/Tot Lot: 1. A tot lot is IA to 1 acre in size and a neighborhood park is 3 to 5 acres in size. 2. The service area is designated for residents in the immediate vicinity of the park. 3. The park is within walking or biking distance of homes. 4. Park may not be within def'med service area of any other County Recreational facility. 5. The site is not for environmental, zoning, or other reasons cost prohibitive. B. Definition of Service Area: 1. The service area for a neighborhood park is within a 1 mile radius of the park location. The service area of a tot lot is ¥~ mile radius of site. 2. An area that is not separated by major arterial roadways or artificial/natural barriers. 2. Faciliw Standards Below is a list of amenities that will be included in the basic neighborhood park or tot lot package as the standard. These include: Ao Neighborhood Park · 1. Neighborhood park playground equipment .JUN go" 2002 2. Landscape to code - Xeriscape 3. Walkway, if needed 4. Fencing, if needed for safety concerns 5. Picnic area 6. Other items as dictated for safety 7. Open ~een space 8. Benches 9. Irrigation if needed B. Tot Lot 1. Small play apparatus 2. Landscaping to code 3. Benches 4. Fence, if needed for safety Any additional amenity requested by the service area community will have to be funded either by private donations or a locally supported Municipal Benefit and Service Taxing District. 3. Maintenance Standard - Exhibit A: Upon adoption of this policy, an additional maintenance crew of three (3) people will be added for every five neighborhood par'ks constructed. This crew will be added during the construction of the second park in this rotation. Park maintenance will comply with adopted maintenance standard. 4. Steps In Creatine and Implementine the Neighborhood Park Plan Planning Outline 1. Parks and Recreation Department must receive a request in writing from a community park committee, homeowners association, or civic association by November 30. 2. Select the location of park and communicate with adjacent land owners. 3. Determine if a neighborhood park or a tot lot will be built including standard amenities. Additional amenities or maintenance items will be discussed as desired. 4. Determine the estimated land purchase cost. 5. Complete PARAB Agenda Request Form for February meeting. Fax to 353-1002. 6.Present proposal to Parks and Recreation Advisory Board for recommendation using established point system (Exhibit B). 7.Staff and Advisory Board recommendation presented to Board of County Commissioners as part of the annual budget process. 8. Once the Board of County Commissioners approves the project, financing and construction will occur in the next budgeted fiscal year. JUN 2002 Fundin~ A. Initial land acquisition and park construction shall be funded by private donations or the County Ad Valorem fund. 1. Neighborhood park's approximate cost is $250,000 2. Tot lot's approximate cost is $125,000 B. Maintenance of facilities based on the defined standard level of service shall be funded by general fund dollars. C Any facilities constructed beyond the neighborhood park or tot lot facilities standard shall be funded by eitY:er private donations or a Municipal Benefit and Service Taxing 'Unit. 3 EXHIBIT A MAINT~CE STANDARDS A. Turf Care - Cut once every *;m ,w:.mng days. Normally not aerated unless turf quality indicates a need or in anticipation of an application of fertilizer. Reseeding or re-sod when major bare spots appear. B. Fertilizer - Applied only when turf vigor se~s to be low. Low level application once per' year. C. Irrigation- None. D. Litter Control - Once per week. E. Pruning - As required for health or keep appearance reasonable. With most tree and shrub species, this would not be more than once every two or three years. F. Disuse and Insect Control - Required only on epidemic or serious complaint basis. Control measures may be put into effect when the health or sur~dval of plant materials is threatened or where public's comfort is of a concern. G. Lighting- None. H. Surfaces - Cleaned as required- Repaired or replaced as budget allows. I. Repairs - Should be done whenever safety or functionality is in question. J. Inspections - At least onc~ per week tC Floral Planting'- Only perexufials or flowering trees or shrubs. L. Restrooms - None. M. Special Features - Minimum allowable maintenance for features present with function and safety in mind. 4 ', JUN 2002 EXHIBIT B POINT SYSTEM FOR NEIGHBOPd-IOOD PARKS AND TOT LOTS Please rank the neighborhood park and tot lot request separately, using the table listed below: Location is accessible by walking and biking for the following number of children in the area. (Circle the one most applicable to your area.) 25 a. 50-100 (5) points) b. 100-250 (10 points) c. 250-400 (15 points) d. 400-550 (20 points) e. 550+ (25 points) 2. Size of property 10 3. Propert3' available for sale (10 points) a. Sales price within budget (10 points) 2O Zoning Requirements and Permits a. No wetlands (5 points) b. Zoned residential or public use (5 points) 10 5. Neighborhood input 30 a. Letter of support from civic association or homeowners association (5 points) b. Adjacent landowners have sent letters of support (10 points) c. Fifty per cent (50%) plus 1 are in favor of a park in their neighborhood (5 points) d. Minutes of the neighborhood meeting showing support for a park (5 points) e. Neighborhood association has a neighborhood watch or security program (5 points) 6. Funding - A donation has been secured (5 points) Total 100 :Note: 1 O0 poss~le points 50 points required for consideration INFORMATION FOR APPLICATION OF NEIGHBORHOOD PARK OR TOT LOT PROCEDURE: 1. Request form submi~led by November 30~ 1o the Parks and Recreation Department 2. Presemafion lo Parks and Recreation Advisor).' Board at Fcbrua~' meeting 3. Selection by PARAB is made by point system 4. Propoml presented to BoarJ of Counw Commissioners as part of budget process 5. When approved by BCC, pwjec~ ii budgeted and conswuaed in the following fiscal year SIZE: Neighborho°° } ~xk-: rcco:,unended 3 to $ nerds Tot Lot: r~commended ½ to 1 ac~ LOCATION: Servic~ area is designated for residents within the immediate vicinity of the park within b-alking/biking distance (within 1.0 nuqe radius for neighborhood parks and .5 mile radius for tot lot) and an ~rea that is not separa',~d by major azterial roadways or artificial/natural barriers. The majority of the area is not within walking disl~nce of any other similar County maintained recreational faculty. The site is not for environmental or other reasons cost prohibitive. NEIGHBORHOOD PARK STANDARDS INCLUDE: Approximate cost $250,000 Neighborhood playground ~quipmmt Fence, if needed for safety Land.scape (Xariscal~) to'code Picnic m Walkway, if needed for m~ Open play ar~ Irrigation, if n~rxled Benches Otb= iterns as dictated for safety TOT LOT STANDARDS INCLUDE: Approximate cost $125,000 Play apparatus Landscaping to code Fence, ifn~cded for saf-,~ly B~nches ADDITIONAL AMENITIES: Requests viii need to be funded by private donations or locally supported Municipal Bene~ and Service Taxing District I~AIA~'ENANCE STANDARDS INCLUDE: Approximate cos~ $60,000 start up one time, annual personnel $45,000, annual Ivlainl~nanc¢ $10,000 !~r park. 1. Turf Care - cut once every t~n working days. Normally not aerated unless turf quality indicates a need or in anlicipation of an application of fertilizer. Rese~din= or r~-sod when major bare spots appear. 2. Fertilizer o applied only whea turf vigor s.'~rns to b~ lob'. Lob' level application once per year. 3. Irrigation - non~. 4. Litter Control - once l~r w~k. $. Pruning.ssrcquiredforhcalthorkeepapp~arancer~asonable. W-rthmostt~eandshrubspccles, this vmuld not bc more than oncecvcryrwoorthrccyears. 6. Disease a.nd Inse,."~ Coritro! - required only on epidemic or serious complaint basis. Control measures may be put into cffe~ when thc h~l~h or survival of plant materials is tlxreatened or where public's corn.fort is ofa con~o'n. 7 Lighting- none. Surfaces - cleaned as requirr~ Repaired or replaced as budge! allow~ 9. Repairs - should be done whenever safer7 or functionality is in question. ' 10. Inspccfiom - at least once per wce~ 1 1. Floral Planting - only perennials or flowering trees or shrubs. 12. Res~'ooms- none. 13. Special F~u~s - minimum allo~abl¢ maintenance for features present with function and safely, in mind. 1. Initial lend e¢quisigon and park cons'true, ion shall be funded by private donations or ~he County Ad Valorem Fund 2. Maintenance of facilities I~sed on thc defined standard l~vg of s~rvice shall be funded by Ad Valorem Fund. · · ' ' ' or a Municipal Benefit and Service Taxing Unit. 3. Any facilities constructed beyond neighborhood I:turk f~c~tt~es standards shall be funded by e~ther pnvat~ donations POINT SYSTEM: 1. Looafion is a=essible by walking and biking f~r t~e follovdng ,mmbor of el~dren in the area (Ch'dc the one most applicabl¢ to your are~) ~. 50-100 (5 points) c. 250400 (15 puints) b. 100-250 (10 points d. 400-550 (20 points() 2. Size ofpropeaXy 3. Properly Available for sale (10 points) a. Sales price within budg~ (10 points) 4. Zoning Requimmems and Permits a. No wedands (5 points) c~ Zoned r~sidemial or public us~ (5 points) 5. Neighborhood input a. Le~er ofmppo~ flora civic associn6ou or homeowners associatim (5 points) b. Adjac~a landow~rs have scm l~ters of sul~'t (10 puims) c. FiRy pet cern (50%) plus I are in favor of~ park in their neighbabood (5 points) d. Minu~s ofth~ neighborhood m~tiag showing support for a park (5 point) e. Neighborhood associn6on has a n~ighborhood wau:h or s~curity program (5 points 6. Funding- A donation has been secared (5 point) 550 + (25 points) Tom[ 'No~: "100 poss~'ble points * 50 points required for consideration G drive: Neighborhood 25 points 10 20 10 5 ~0,o poi,,, JUN 21102 x~-~-a~.co, collier.fi.us APPLICATION FOR NEIGHBORHOOD PARK OR TOT LOT COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Circle one (Neighborhood Park or Tot Lot) DATE Organization/Group. Contact Person: Address: Daytime Telephone: E-mail Fax: Note: Requests made for the development of a neighborhood park or tot lot will be based on a point system. See attached information sheet· Proposed Park Location: Address: (street, lot number, or closest imm-section) MAP ATTACHED WITH PARK SITE HIGHLIGHTED Nearest County Maintained Park Facility: Name: Address: Distance fi-om proposed park: · THIS pLE4SE COMPLETE INFORMATION ON REVERSE SlDE OF Parks and Recreation Department, 3300 Santa Barbara Blvd., ~aptc.s, APPLICATION FOR NEIGltBORllOOD PARK OR TOT LOT Page 2 Location is Accessible by walking and biking for the following number of children in the neighborhood: Number of Homes in the Neighborhood: Size 0fthe Property (Acreage): Property Available for Sale: a. Sale Price (~r~thln Budget): Zoning Requirements and Permits a. No Wetlands: b. Zoned Residential or Public Use : Neighborhood Imput: a. Letter of support from Civic or Homeowners Association: (Please attach) b. Adjacent landowners have sent letters of support (Please attach) c. Fi_fly per cent (50%) plus one are in favor ora park in their neighborhood: (Please attach) ct. Minutes of the neighborhood meeting .showing support for the park: e. Neighborhood Association has a neighborhood watch or security program: (please attach) Funding: a. A donation has been secured: ! EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A 0.14-ACRE LOT FOR A NEIGHBORHOOD PARK IN ISLES OF CAPRI AT A TOTAL COST OF APPROXI~~IATELY $81,700. OBJECTIVE: To obtain approval to and execution of the attached Agreement for Sale and Purchase (.~,greement) between Collier County and Robert O. Snyder for the purchase of Lot 385, Isles of Capri, for use as a neighborhood park. CONSIDERATIONS: With extensive input from Parks & Recreation staff and the community, at its ~)ctober 17, 2001 meeting, the Parks & Recreation Advisory Board identified the Robert O. Snyder property (Site) as the preferred location for a neighborhood park in Isles of Capri. Mr. Snyder has agreed to sell for $80,000. This amount has been substantiated by the County's Review Appraiser as representing market value. Staff is awaiting a report from the County's Pollution Control Department advising of any environmental concerns at the Site. If the results are not favorable, the Agreement can be terminated with proper notice. FISCAL IMPACT: The total cost of the transaction should not exceed $81,700 ($80,000 for the Site, $1,000':for the Environmental Task I Audit, and $700 for a title commitment, title policy and recording of documents). The funds will be withdrawn from 1982 Parks Improvement ClP (Fund 306), Isles of Capri Neighborhood Park (Project Number 80607). Any additional improvements required to develop the Site will be paid for by the community, either by donations or an MSTD. GROWTH MANAGEMENT IMPACT,: This transaction is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: Approve the attached Agreement for Sale and Purchase; Authorize the Chairman to execute the Agreement; Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and Direct staff to proceed with acquisition of the Site and to follow all appropriate closing procedures, including obtaining the acceptance of the proper conveyance document and approval to record any and all ,:lecessary documents (once approved by the County Attorney's Office) to obtain clear title.to ths property. JUN 2 5 200Z EXECUTIVE SUMMARY Purchase of Lot 385, Isles of Capri Page 2 To~¥'A.~ ~ott, Ptop~rty A~cquisi~n"'-~::)ervisor Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: Charles E. Carringto'nl Jr., SI:R/WA, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: REVIEWED BY: 5'1<ip Camp, Director Facilities Management Department ,,, I~larla Ramsey, I~'~'~/ _Parks & Recreaf n~..~e~artm~ent J~n Dunnuck, Administrator blic Se~ices Division DATE: DATE: DATE: FROJECT: Isle of Capri Neighborhood Park FOLIO: 52399760009 AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ROBERT O. SNYDER (hereinafter referred to as 'Seller'), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser'). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property'), located 'in Collier County, State of Florida, and being more particularly described as:Lot 385, Isles of Capri, Unit No. 2, according to the plat thereof, as recorded in Plat Book 3, Page 46, Public Records of Collier County, Florida. Subject to easements, reservations, and restrictions of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be EIGHTY THOUSAND ($80,000) dollars, (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than July 10, 2002, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. JUN 2 5 2002 pgo ~ _ 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A 'non-foreign person affidavit" as required by Section 1445 ol the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certificelion" as required :3y the Inter; ...~1 ,%e,;enue Service. 3.0116 Such instruments as may be required by the L'.." in;~,.ance underwriter in order to insure the 'gap" and to issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not'fixed, taxes will be prorated based upon such prior year's millage. All Code Enforcement liens pending on the property shall be paid by Seller at closing. IV. REQUIREMENTS AND CONDIT ONS. 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 2001, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be JUN 2 5 ?.002 deemed acceptable. Upon notification of Pumhaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its besl efforts to make such title good and marketable. In lhe event Seller is unable to cure said obiections within said time period, Purchaser, by providing written notice to Seller within two (2) days afte[ expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall' be deemed an election by Purc.haser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Viii. PRORATIONS.. 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2001 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIE,~ J U N 2 5 002 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice o! termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the orovi~ions authorizing such termination, and , i ,~ser fails to close the transaction contemplated hereby or otherwise fail~ lo perfo:~-,~ - ;' of the terms, covenants and conditions of this Agreement as required on it, '.Ft of Purchaser to be performed, provided Seller is not in default, then as Seller's s°le and exclusive remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further'liability or obligation to the other. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually Satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject ota pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals and authorizations shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any JUpN. 2~, 2002 other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation, with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) thai restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ('CERCLA' or 'Superfund'), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ('SARA'), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.023 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xl. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building, 4~ Floor 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Administration Building, 8~h Floor 3301 Tamiami Trail East Naples, Florida 34112 To Seller: Robert O. Snyder 2900 Dibblee Avenue Columbus, OH 43204-2006 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xil. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind an'/of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as ~.o any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. .o. If P, JUN 2 5 200Z 13.08 Seller is aware of and understands that the "offer' to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed io ?o1%: County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XlV. ENTIRE AGREEMENT. 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either pafly. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman AS TO SELLER.: DATED:. ~'t' ~,'~ '~'~'~ WITNESSES: '~.~jgnature) -- _ (Printed Name) (Signature) (Printed Name) Approved as to form and ff~_~.l sufficiency;, Ellen T. Chadwell Assistant County Attorney Agend~ I~/~em. .o.XO !,2--! JUN 2 OOZ EXECUTIVE SUMMARY AWARD A CONSTRUC'IION MANAGEMENT AT RISK CON:I'PACT #01-3189 TO KRAFT CONSTRUCTION FOR NORTH NAPLES REGIC. I~IAL'PARK, PROJECT NO. 80602 AND APPROVING DESIGN PHASE FEES IN THE AMOUNT OF $175,000. REVIEWED BY: /S'~v-e Car, n,~i, D,re'ct~'~ ,I;~rchasi '.~ Gen..ertl Services D~partment REVIEWED BY: ~ APPROVED BY: Jt Recreation n M. Dunnuck, III, Administrator -"" P~blic Services Division OBJECTIVE: To receive the Boards' approval for award of a Construction Management at Risk contract to Kraft Construction Company, Inc. for the construction of the North Naples Regional Park. CONSIDERATIONS: On September 11, 2001, the Board approved Agenda Item No. (16) (D) (8) authorizing staff-to begin contract negotiations with the top ranked firm of Kraft Construction Company, Inc. for construction management at risk services of the North Naples Regional Park. Contract negotiations have been successfully completed by staff for the Construction Manager's Design Phase Fee in the amount of one hundred and seventy five thousand dollars ($175,000). Once the construction documents have been prepared by the design professional and approved by the County, Kraft will provide the owner with a guaranteed maximum price (GMP) for the actual construction costs, as well as a staffing schedule, staffing general conditions cost, and construction management fee. At that time, staff will bring back those figures for review and approval by the Board. FISCAL IMPACT: The cost of the Design Phase Fee is $175,000 and is budgeted within the Unincorporated Community and Regional Park Impact Fee Fund (346). Source of Funds will be impact fees. The estimated cost of construction is $35,000,000. GROWTH MANAGEMENT IMPACT: The North Naples Regional Park land and facilities will be inventoried in the Growth Management Plan and will be completed in early 2005. RECOMMENDATION: That the Board of County Commissioners (1) award a Construction ~lanagement at Risk contract to Kraft Construction Company, Inc. and (2) authorize the Chairman of the Board to sign the stand.,~z~ C~un. ty Attorney approved agreement. /~o~-pl~ F. Delate, ASLA; Senior Project Manager Department of Parks and ecreation Date:~ JUN 2 5 2002 pg. /, EXECUTIVE SUMMARY APPROVE LEASE AGREEMENT WITr; ISLANDS AND HIGHLANDS, LLC, FOR USE OF OFFICE AND GARAGF-~ ,.~REHOUSE SPACE BY THE SHERIFF'S OFFICE AT A FIRST YEAR ANNUAL RENT OF $28,275. OBJECTIVE: Approve and authorize execution of Lease Agreement (Agreement) with Islands and Highlands, LLC (Landlord) for 4,350 square feet of office and garage/warehouse space for use by the Sheriff's Office. CONSIDERATIONS.: Because of the nature of its operations, Sheriff Don Hunter would like to relocate one of the departments located in the County-owned building at 2373 Horseshoe Drive to a more remote location. Due to security issues, details regarding the particular department's operations and new location cannot be detailed in this Executive Summary. The Sheriff and his staff are available to meet individually with each Commissioner to answer any questions regarding this relocation. A suitable facility has been located and Facilities Management staff has negotiated an Agreement with an initial three-year term and the option to renew for two additional one-year periods. The effective date is July 1,2002, with a first year's rent of $28,275.00 or $6.50 per square foot. Market rent is $10.50 per square foot, so in order to bring the rent more in line with the market, the rent during the second and third years of the Agreement will be increased to $7.50 and $8.50 per square foot, respectively. Rent during the two renewal periods will be four (4) percent higher than the preceding year. The County may terminate the Agreement after the first year, by providing the Landlord with ninety days advance written notice. In addition to rent, the County will be required to pay monthly Common Area Maintenance (CAM) fees in the amount of $634.38. This amount may be adjusted annually to cover any increase in CAM expenses. In addition to the forgoing, the County will be responsible for costs associated with all utilities, janitorial and pest control fees. The Landlord is responsible for all costs pertaining to the maintenance and repair of the exterior of the building, landscaping, irrigation system, interior and exterior electrical and lighting systems, air-conditioning system, parking lot and fire sprinkler system. With approval of this Agreement, the Sheriff will be able to terminate a lease for other space in the immediate area and combine the two operations at the location covered by this Agreement. With the reduction of the $19,899.96 annual rent and $3,500.00 annual CAM for this other facility, the net financial impact to the County during the first year will be approximately $11,200.00. The Risk Management Department and the Office of the County Attorney have reviewed and approved the attached Lease Agreement. FISCAL IMPACT: The annual rent of $£d,275.00 to be paid in equal monthly installments of $2,356.25, an~l monthly CAM payments in the amount of $634.38 will be withd~',~wn from  AGENJI~A I~?-,~ the General Fund (001). ,,,.,'~...___L/_~. ~z_~--- GROWTH MANAGEMENT IMPACT: This request Management Plan. is consistent with the Growth RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairr~-an to execute the attached Lease Agreement with Islands and Highlands, LLC. - SUBMITTED :>'l~ichael H Dowling, Prop~Man,a'g~ment 5peclaus~ .... c uisition & Constructioh-N'lanagement Property A q Facilities Management Department ~ha~'les E. ~arrington, Jr., SRAN~, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: S-kip Camp, CFM, Director Facilities Management Department Gary/,('b.t.'h~, Adr~s"tT.a. tive Assistant Col~ty .S~ffice ,y: ,'SJ o /; Florida County, APPROVED: :~.¢.Don Hunter, Sheriff, Collier DATE: AGENDA ITEM JUN t 5 200?. LEASE AGREEMENT Lease #. THIS LEASE AGREEMENT entered into this ~ day of , 2002, between Islands and Highlands, LLC whose mailing address is 315 Cook Street, Denver, Colorado 80206-4422, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami 'Frail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 4,350 square feet located at 4344 Corporate Square, Suite #6, Naples, Florida, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. Along with the Demised Pcemises, LESSOR shall provide LESSEE with at least twelve (12) parking spaces at the Demised Premises. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulati6ns of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on July 1, 2002 and ending June 30, 2005. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for two (2) additional terms of one (1) year each, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than ninety (90) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. After the first full year of occupancy, LESSEE, without thereby incurring any additional obligation to LESSOR, reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice period shall be effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Twenty-eight Thousand Two Hundred Seventy-five Dollars and Fifty Cents ($28,275.00) per annum to be paid in equal monthly installments of Two Thousand Three Hundred Fifty-six Dollars and Twenty-five Cents ($2,356.25), for the first year of the Lease, hereinafter referred to as the 'Initial Term.' All rental payments shall be due payable in advance by the fifteenth day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (ll30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Annual Rental increase~; Following the first full year of occupancy (the 'Initial Term'), second year shall be $32,625.00 and $36,975.00 for the third year and on shall be increased by (4) percent from the third year's rental amount, throughout the remaining terms of this Lease. :aC t.~..-.'2~-! ~"~n[ for the the fou~,~D~ ompo~gd, each year,/ JUN 2 5 ZOO2 Pg. - 2) ARTICLE 5. Other Expenses and Char~es LESSEE shall pay all janitorial and pest control service fees and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone or other communication service used, rendered or supplied thereupor or i~ '~nection with the Demised Premises. If LESSOR elects to supply utility services , ntb'or j:~rit~ . services, LESSEE agrees to pay the same AS ADDITIONAL RENT within th,: (30) '., ~. of its receipt of the LESSOR'S bill or invoice. In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges, hereinafter referred to as "CAM", to be paid monthly in the amount of Six Hundred Thirty-four Dollars and 38/100 Cents ($634.38) for the first year of the Lease Term. This amount shall reflect the actual operating costs associated with, but not limited to, real estate taxes, property insurance, building maintenance and repair, landscaping maintenance and irrigation system, interior and exterior electrical & lighting system maintenance and repair, air- conditioning system maintenance and repair, parking lot maintenance and repair, fire sprinkler maintenance and repair pertaining to the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of the same by January 31 after the new calendar year advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed list of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. ARTICLE '6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and an~,, and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LF__3SOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises. LESSOR, its duly authorized agents, representatives and employee: after reasonable oral notice to LESSEE, to enter into and upon the Demiset thereof at all reasonable hours for the purpose of examining same and maki~ service therein, and for the purposes of inspection for compliance with pn Agreement. Premisl~ ~rT ~ ~/~ g repa~.r janitorial ~ visions oie"t~s Lease' JUN 2 5 2002 ARTICLE ~. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to iublet tho whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position. ARTICLE 10. ' Maintenance. LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. LESSEE shall be responsible for all costs related to pest control service, replacement of light bulbs and air-conditioning return vent filters within the Demised Premises. ARTICLE 11. Default b LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such ad~litional time as is reasonably required to correct such default). ARTICLE 12. Default b LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such 6bligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other par~y at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 CC: Office of the County Attorney Sheriff's Administrative Assistant LESSOR: Islands and Highlands, I..LC 3 ! 5 Cook Street Denver, CO 80206--4422 Attention: Managing Member AGENDA ITEM No._ /<: ~ ! t JUN 2 5 200?. Pg,_ ff' ART1CLE'I$. Surrender of Premise~s LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elementa oeyodd LESSEE'S control excepted. ARTICLE 16. _Ge,v'ral Provisions_ LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed by LESSEE to be necessary for additional protection of the Demised Premises shall be the sole responsibility and cpst of LESSEE and shall involve no cost or expense to 1.ESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from ),our County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED:_ ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMF~ N. COLETTA, Chairman AGENDAITEM JUN 2 5 200Z Pg. (- ~ ]1 ~S TO THE LESSOR: DATED: ATTEST: WITNESS (signature) BY: ISLANDS AND HIGHLANDS, LLC David Ebershoff, Managing Member print name WITNESS (signature) · print name Approved as to form and legal sufficiency: Thoma~ C. Palmer Assistant County Attorney AGENDA ITEM No. /¢ ~'~L. JUN 2 5 EXECUTIVE SUMMARY. APPROVE COMMITTEE SELECTION OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES" FOR AN ESTIMATED ANNUAL AMOUNT OF $1,000,000 OBJECTIVE: Obtain Board's approval of Committee's selection of firms for professional consultant services for upcoming engineering services as needed, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS.: The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on September 26, 2001. Notices were sent to 140 firms with 67 vendors requesting full packages. 28 responses were received by the due date of October 26, 2001. A Selection Committee Meeting was held on May 17, 2002 and after review and discussion; by consensus of the members, the following 7 firms were recommended for award (in no order): Agnoli, Barber & Brundage Pittman Hartenstein Johnson Engineering Hole Montes Q. Grady Minor TBE Group WilsomMiller The KFP referenced that work orders would be issued in accordance with the County's Purchasing Policy: Purchasing Policy Section VII 1 limits each work order assignment to a maximum initial amount of $90,000 and a maximum initial contract amount of $500,000. This item was withdrawn from the January 8, 2002 agenda (Item 16(E)2) because of a protest made by Wilkison and Associates. A copy of the protest and the Purchasing Director's Decision is enclosed. The Selection Committee's meeting of December 4, 2001 was reviewed by the Deputy County Manager, an Assistant County Attorney and the Public Services Administrator. It was determined that a new Selection Committee would be convened. Based on the annual amount spent on this contract over the past two and one-half years, the Committee decided to select seven firms prior to ranking. FISCAL IMPACT: Each using department shall allocate funds from the appropriate cost centers as the work orders are assigned. GROWTH MANAGEMENT IMPACT: This has no growth management impact. RECOMMENDATIO.bJ.: That the Board of County Commissioners; (1) Approve the Committee's selection of firms and (2) Authorize staff to begin Contract negotiations with the selected firms. Lyn 191 ~oo~1, Purchasiug Agent REVIEWED BY: Stev~. C trnell, D~ector '~ Purchasing/General Services Department APPKOVED BY: ~_ . Date: Jo-Anne Varcoe-Leamer Administrative Services Division Administrator Date: i AGENOA ITEM .o. /~e' :3 t J U N 2 2002 Pg. / January 9:' 2002 Mr. Steve Camell Purchasing/General Services Director Administrative Services Division Purchasing Department 330 l Tamiami Trail East Naples FL 34112 Re. RFP 01-3290, Fixed Term Engineering Services Agreement ~aceived Purchasin~ ZOO/. Dear Mr. Camell: Pursuant to you letter dated January 7, 2002, our joint venture (i.e., AEC NationalJWilkison Joint Venture) is submitting a formal protest to the recommended ¢ontr~t award. As required by Collier County's protest procedures, we submit the following information: 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, .statutes, and constitutional provisions entitling the protesting party to relief. 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be material to the issue. Name and address of County agency affected and the bid number and title. In that all County departments can utilize the engineering services of the selected firms, every department is potentially affected. Based on past experiences, the following departments are likely to be affected; Utilities (both water and wastewater), Parks and Recreation, Stormwater Management, Transportation, Sheriff's Department and Facilities Management The RFP Number is 011-3290 and the title is "Fixed Term Professional Engineering Services." The name and address of the protesting party. AEC National/Wilkison Joint Venture This joint venture consists of the foUowing firms located at their local Collier County corporate headquarters: AEC National Inc. 5150 Tamiami Trail North, Suite.600 Naples, Florida 34103 : (941) 263-3700 Fax (941) 263-9117 Wilkison & Associates, Inc. [ ^GE,O^ ~T[._ 3506 Exchange Avenue No. /*t-~ ~ Naples, Florida 34104 (941)643-6752 JUN 2 3 2002 Fax(941) 643-5173 p~. 2. AEC National Inc., 5150 Tamiami Trail North, Suite 600, Naples, Florida 34103, (941) 263-3700 Fax (94t) 263-9117 Willdson & .A~sociates, 3506 Exchange Av~, Naples, Florida 34104 (941) 643-6752 Fax (94t) 643-5173 Page 2 of 3 A statement of disputed issues of material fact. Committee member Peter Hayden cast a negative vote for our joint venture because i*. is a joint venture. He stated that he docs not likejo/nt ventures. The RFP does not dissuade joint ventures and it specifically addresses joint venture proposals. Mr. Hayden ranked our firms 11~ out of 28 based on his score. This ranking put our firms in the top half of the proposals yet he did not cast a favorable vote because of his issue with joint ventures. Committee member Don Scott cast a negative vote for our joint venture because it did not provide transportation planning services. Every submittal that did not provide these services was cast a negative vote by Mr. Scott. Mr. Scott works in thc Transportation Planning Dcpartmcnt~ The RFP does not require firms to have expertise in transportation planning, thus we should not have had this held against us. The Public Utilities Engineering Department representative did not cast negative votes to f'u-ms without utilities engineering expertise, thus there was an inequity in the voting procedure. The RFP requires "The final recommendation will be decided based on review of scores and consensus of committee." Proposals were scored, however the scores were not used as a basis for the selection. Our joint venture received the following rankings out of 28 proposals submitted: A. N. Korti, rank 11 Don Scott, rank 20 Ed Kant, rank 23 Jim McGee, rank 8 Mitch Riley, rank 8 Peter Hayden, rank 11 The average ranking of 13.5 would have included us in the selected list, as 18 of thc 28 fro-ns were selected. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. The selection committee evaluated and scored the proposals based on the criteria established by the Collier County Purchasing Department. However, the scores and subsequent rankings were not used as the basis for selecting the firms. Instead, the committee changed the rules and selected firms based on a "yes", "no" or "maybe" vote. Firms were selected if they received four or more "yes" votes. This methodology was in direct violation of the RFP which stated "Thc committee will compile individual rankings for e~ch proposal to determine committee recommenda~ons' and "The final recommendation will be, decided ~ on review of scores and consensus of coo-,m~ttee, i no. ~ JUN 2 2BO2 Pa~ 3 of 3 A demand for the relief to which the protesting party deems himself entitled. It is our opimon that our joint ventu~ is entitled to be placed on the list of firms eligible to perform fixed term engineering projects base on the rules set forth by the Pu~c~g Department. Our demand for relief is to be added to the list of fu-ms allowed to provide Fixed Term Professional Engiaeering SeaMces. Such other information as the protesting party deems to be material to the issue. As previously stated, committee member Peter Hayden cast a negative vote for our joint venture because it is a joint venture. Collier County has set the precedent of retaining joint ventures in the past for fixed term engineering by selecting this joint venture. Any discrimination against joint ventures should be expunged from the proceedings of consultant selection. We also believe that fu-ms should not be eliax~inated because they do not provide a specialized sexvice such as transportation planning. The selection committee was puzzled on how to select any of the 28 proposals submitted for this RFP. There was confusion from the fact that some proposers were on other Collier County fixed term engineering lists and what effect the other lists had on their responsibilities for selecting proposers for this list. Our joint venture does not enjoy filing a protest of this nature and would prefer not to interfere with the selection process. However, our fixms' staff has historically provided competent engiaeering services to Collier County for more than 18 years. Because Fixed Term Engineering projects are small in scope, they are ideally suited for rums of our size. Many of the firms selected from this RFP are large firms; some span international boundaries. It just does not make any sense to overlook our local firms when designing small-scale projects in our own county. We appreciate your review of our position on this matter. Very truly yours, AEC National/Wilkison Joint Venture Jeffrey A. Nunner, P.E. President AEC National, Inc. David S. Wilkison, P.E. President Wilkison & Associates, Inc. JUN 2 5 2002 COLI,IER COUNTY GOVF RNMENT PURCHASING DEPARTMENT 3301 EAST TAM'J~dVfI TEAIL PURCL !SIl~.~· BUILDING NAPLRS, FLORIDA 34112 (941) 774-8407 FAX (941) 732-0844 e-mail: s tevecarnell~colliergov.net February 1, 2002 AEC National Inc. 5150 Tamiami Trail North, Suite 600 Naples, FI. 34103 Attention: Jeffrey A. Nunner Wilkison & Associates 3506 Exchange Ave Naples, Fl. 34104 Attention: David S. Wilkison IRe: Protest Decision Regarding the Award of RFP 01-3290, Annual Engineering Services Agreements Dear Messrs. Nunner and Wilkison: I have reviewed your protest of the referenced award recommendation and discussed this matter with Crag Pager and Vince Cautero in person. The issues raised in the protest can be summarized as follows: 1. One selection committee member offered negatives comments regarding past experience with joint venture firms, hence applying cfitedon not published in the RFP. 2. In the final round of selection, another committee member voted negatively against all firms without transportation planning expertise. 3. The individual committee scores were not used as a basis for making the final selection decision, contrary to the selection procedure as stated in the RFP. Before addressing each of the issues, it is important to first briefly reference language from the RFP document. The solicitation provided an overview of the selection process and specified the evaluation cdteda to be used by each committee member to initially score each proposal. The RFP did not specify a pre-determined number of firms for selection, leaving that to the discretion of the committee. Under paragraph 6 of the Evaluation and Selection Procedure, the committee was to compile the rankings of each individual committee member. The final recommendation was to be based upon review of the rankings and consens~'o of the committee. A total of 28 proposals were received. In reviewing the audiotape of the committee me~ungd~a¢^ IT£.~ the RFP file, the actual order of events in the selection meeting can be summarized alfoI U N 3 I" / Pg. Mr. Jeffrey Nunner Mr. David Wilkison February 1, 2002 Page 2 of 3 r~ Each committee member brought their scores to the selection committee meeting of December 4"', 2001. Q' Each committee member shared initial comments and observations'regarding each proposal. As the vadous members spoke, some began verbally grouping the firms, based initially on their individual rankings. After each committee member had shared his initial comments, the committee discussed the appropriate number of firms for selection, but did not'initially reach a consensus on a specific number. '~ After considerable discussion, the group decided to have each member vote "yes", "no" or "maybe" on each firm. The votes of each member were tabulated and read back to the group. Five firms received a "yes" vote from all six members. Seven firms received "yes" votes from five of the six members. The committee initially decided that there was a clear consensus to recommend those 12 firms for selection. .-~ The committee then revisited the question of how many firms to select. After discussion, the committee elected to include the six firms that received at least four "yes" votes in the addition to the 12 firms previously selected to bring the total number of selected firms to 18. With regard to the consideration of the joint venture (issue #1), one member did in fact vote "no" on selecting either of the joint venture proposals in the final round of consideration. Subsequent to our conversation, I spoke with that individual and asked him why he did so. He indicated that he did so initially because he felt the list of firms needed to be narrowed. In doing so, he considered his prior experience with the AECANilkison joint venture on the Lake Kelley drainage project last year. While he indicated that he considers both firms to be competent overall, he said there were difficulties in receiving all of the deliverables timely and also receiving the invoices properly prepared. From his perspective, the joint venture created some difficulties in managing that project. Though he would consider both firms capable individually, he did not rank the joint venture as highly or include either joint venture firm in his final selection vote. I also spoke with the other member, which the protest contends voted against firms without transportation engineering background (issue #2). He too indicated that he was looking to narrow down the number of selected firms and believed that most of the work orders under the agreement would be transportation-related. Accordingly, he ranked the AEC/Wilkison proposal 20"' in his initial ranking and did not vote to include that proposal in the final recommendation. As with the other committee member, he believes that AEC and Wilkison are capable firms. In reviewing both issues 1 and 2, I believe that both committee members acted within their purview in ranking and prioritizing the list of firms. As for the question concerning the compilation of the individual rankings, paragraph 6 of the evaluation and selection procedures reads as follows; "The committee will compile individual rankings for each proposal to determine committee recommendations .... The final recommendation will be decided based on review of scores and consensus of the committee.' Typically, the processes of ranking, compilation and consensus are achieved as follows; 1) the members finalize their initial rankings; 2) the members share their rankings with the group; and 3) the committee tabulates the rankings, discuss them collectively and reaches a conser~sus recommendation. The recommendation may vary from the tabulated rankings. In th~ :,~,~-~, XTE, each committee member ranked each proposal and shared comments regarding th[ir | Mr. Jeffrey Nunner Mr. David VVilkison February 1, 2002 Page 3 of 3 The committee discussed the number of firr-,' they wished to select and then attempted to prio[,,izc tl"ie 'list by grouping the firms ir~t: '"y-s", ';i¥'," and "maybe" sub groups. After reviewing the language of'paragraph~u against the committee's method, I believe that the committee acted within the purview of the referenced paragraph as individual rankings were in fact prepared, compiled into three groups for the purposes of further discussion and a consensus reached based on the compilation. It should also be noted that the ultimate committee decision was extremely inclusive as 18 of the 28 (or 64%) submitting firms were selected. Therefore, it is the decision of the Purchasing Director to reject the protest and authorize staff to proceed forward with award of the referenced contract as originally recommended. Under subsection XVIII.F of the Board's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor files a subsequent written objection to the Purchasing Director within two business days of receipt of the decision. Hence, any subsequent wdtten objection must be filed with this office not later than close of business on Tuesday February 5, 2002. Sincerely, Steve Camell Purchasing/General Services Director EXECUTIVE sUMMARY APPROVE THE CONVEYANCE OF A PORTION OF THE GAC LAND TRUST RESERVED LIST PROPERTY TO COLLIER COUNTY FOR IMMOKALE~ ROAD WIDENING PROJECT (PROJECT NO. 60018) AT ITS $161,700 APPRAISED VALUE. OBJECTIVE.: To approve and execute a Statutory Deed from Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as 'Trustee of the GAC Land Trust conveying 9.513 acres of GAC Land Trust Reserved List property to Collier County, a political subdivision of the State of Florida (County) for the widening of Immokalee Road and a related storm water retention pond. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and County entered into an Agreement (1983 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to the County. According to the 1983 Agreement, the property is to be used to provide facilities for such things as fire protection, police facilities, public schools, libraries and recreational facilities, as well as equipment for operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements to be physically located within the geographical boundary of "Golden Gate Estates." The 1983 Agreement further states that the proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future construction of similar improvements. In addition, on November 1, 1988, Item 14B(3), the Board of County Commissioners approved the creation of a GAC Land Trust Reserved List, which set aside a portion of the GAC property in anticipation of greater future marketability potential or for future government needs spawned by growth in Golden Gate Estates. The design for the widening and four-laning of Immokalee Road from County Road CR-951 to 43rd Street NE includes the use of 9.513 acres (Land) of the GAC Land Trust Reserved List property for road right-of-way and storm water retention. The Land is identified as Project Parcel No. 179, Immokalee Road Project No. 60018 and is shown and described on Exhibit "A" to the Statutory Deed. A request from the Transportation Division to purchase the Land at its $161,700 appraised value was presented to the members of the Golden Gate Estates Land Trust Committee at its February 25, 2002, meeting. The Committee recommended by a 4/0 vote (the 5t~ member was absent) that the Board of County Commissioners approve the transaction and the removal of the Land from the Reserved List. The Land is a portion of a larger 56-acre track that will remain on the GAC Land Trust Reserved List and be designated for future use by the Parks & Recreation Department. The Transportation Division and Parks & Recreation Department are working closely together in the design of the retention pond to ensure that the site is aesthetically pleasing for the future development of the remaining 46 +/- acres as a park. '~'i,c ,Statutory Deed has been approved by the County Attorney's Office and a Reverter Discharge & Release has been received from Avatar Properties Inc. approving the conveyance of the Land. JUN Z 3 2002 Pg, ~ EXECUTIVE SUMMARY GAC Trust Property Conveyance Page 2 · ecordin costs not to exceed $30.00 will be paid from the appropriate ._~ FISCAL IMPACT_. R .... =g. t of 161,700 will come from the Road Im.pa~c..t. Fee ~05 O erating r-und. Fund= in the amoun. ..$_ _ - Land Sales Funa ~'- DistriCt 6 (Fund 338) and shall be deposited ,nto the GAC Trust ( GROWTH MANAGEMENT IMPACT_: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners: 1. Approve a Statutory Deed and a Reverter Discharge & Release providing for the conveyance of Land to the County; 2. Authorize its Chairman to execute the Statutory Deed; 3. Accept and authorize staff to record the Statutory Deed in the Public Records of Collier County, Florida; and 4. Authorize the payment from the Transportation Impact Fee District 6 Fund to the GAC Land Trust Fund in the amount of $161,700. SUBMITTED ~ ' - Ton~.'k;lott, Prope'~/Acquisition Superwso,' Property Acquisition & Construction Management F~a~lities Mana~e~nent Department REVIEWED BY: charles E. Carting'ton, Jr., :~NA, Itlanager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: (Sfld ~"'Ca~p, Di re~5 ~, Fa~ties ~an{~zj~ment D~(ment REVIEWED BY: ~ E. H~"~r~'ks, Rig - -v~,, ger "~ransportation~ng. & Constr. Mgt. Department AGENDA I T EM.... JUN 'Z 3 2OOZ pg. ~ EXECUTIVE SUMMARY GAC Trust Property Conveyance Page 3 REVIEWED BY: APPROVED BY: APPROVED BY: Norr~an E. Feder, AICP, Administrator T~/~sportation Services Division _ Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: DATE: DATE: 2002 STATUTORY DEED '~HIS DEED, made this day of _, 26,)2, by COLLIER COUNTY, /~ POLITICAL SUBDIVISION oF-THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinatter called the Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantee. (Whenever used herein the terms 'Grantor' and 'Grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns lorever, the following described land lying and being in Collier County, Florida, hereinafter relerred to as the Lands: See attached Exhibit 'A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. WITNESSETH that Grantee agrees and warrants that the Lands shall be utilized for the purpose of road right-of-way and storm water retention required for the four-laning of Immokalee Road. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: By: JAMES N. COLE'CrA, CHAIRMAN ./ EXHI~FF ~ Pege_._L~of__~,,_ S 89'40'50" E 1431.Og'* i' NOT TO SCALE L2 UNE TABLE LINE LENGTH BEARING L1 761.88 N00'Ig'IO'E L2 426.54 S§9'10'40'E L5 581.14 SO0'lg'IO'W L4 50,10 S89'40'50'W P.O.B, CURVE TABLE CURV~ I.AD,US I OCLTA IARC U;NGmlcHo. D BEAR,.GI CH0.D cl 12769.7gl 4715'01"I 2284.18 I N~5'47'O3'E 12220.00 C2. 12943.18158'20'57'1 2894.55 J ~!~8'41"w I 2779.30 J _RANDALL_ BOULEVARD O"AVID d. HYAj/'r, P.S~/'(FOR THE FIRM) __ n_~ uc..or 6834~,x NOT VAUD WITHOUT THE SiGNA'I~JRE AND THE om~.~ RAISED S~. OF A FLOmDA UC[NSED SURVEYOR AND MAPPER SKETCH AND DESCRIP'I]ON ~~ WILKISON & ~ASSOCIATES W W INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UC.?NSE NO. LB5770 SCALE SEC/SUB AS NOTED GGE 22 OA't'E SHEET 10/01 1 OF' 2 W.O. NO.I ORAWIt aYI F,LE NAME i oo,4., i EAW i oo-o18-ooo. Dwo CHECKED BYI DWi. NO. J U N 2 3 26112 Pg, ~ "~escription: A portion of Tract "A", Golden Gate Estates, Unit 22, according to the plot thereof as recorded in Plot Book 7, Page 84, Collier County, Florida, being more particularly described os follows: BeginnincJ at the Southwesterly Co~er of said Tract "A"; thence North 00'19'10" East, along the westerly boundary of said Tract "A", which is also the centerline of 4th Street N.E., for o distance of 761.88 feet; [hence South 89'10'e,0" East, for o distance of 426.54 feet; thence South 00'19'10" West, o dis[once of `381.14 feet, to a point on o clrcular curve, concave Northwesterly, whose radius point bears North 40'55'26" West. a distance of 2,769.79 feet therefrom; thence run Northeasterly, along the arc of said curve to the left, having o radius of 2,769.79 feet, through a central angle of 47'15'01", subtended by o chord ¢,f 2,220.00 feet at o bearing of North 25°47'0`3" East, for on arc length of 2,284.18 feet to the end of said curve, and a point on the Northerly Boundary of sold Tract "A"; thence South 89'40'50" East, along the Northerly Boundary of said Tract "A", for o distance of 50.10 feet to a point on o circular curve, concave Northwesterly, whose radius point bears North 86'51'e,7" West, a distance of 2,94.3.18 feet therefrom; thence run Southwesterly, along the arc of said curve to the ricjht, having o radius of 2,945.18 feet, through o cent. roi angle of 56'20'57", subtended by a chord of 2,779..30 feet at a bearing of South `31'18'41" West, for on urc length of 2,89e,.§5 feet, to the POINT OF BEGINNING; Containing 9.51`3 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. `3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions ore plat unless otherwise noted. 6. * Note should be taken that on the plat of Golden Gate Estates, Unit 22, a `30' deficiency occurs in the block containing Tracts 110-125, and Tract "A", and a overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. A AS NOTED OAT[ m/01 SEb/su6 (;GE 22 SHEET 20F2 SKETCH AND DESCRIPTION ~,~111~ WIL. KISON &:: ~imi~ ASSO C IAT ES ~ ~ '~m~mmmmlNc. m ENGINEERS, SURVEYORS AND PLANNERS ~soe EXCHAngE Av~. ~PLES. FLA. ~104 (.941) 645-2404 FAX NO. (941) 64.3-5175 FLORIDA BUSINESS UCENSE lO. LB5;;'" W.O. NO. / DRAWN BY FILE NAME 0014.1 EAW O0-018-O00.DWG FB PG CHECKED BY DWG. NO. DJH IR-L-179-2 J U N 7_ 2[}02 / REVERTER DISCHARGE & RELEASE KNOW ALL MEN BY THESE PRESE.,,13 ?. A., ¢~ Propertie? Inc., ~ Florida corporation, f/k/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, or other valuable considerations, received from or on behalf of Collier County, a poii:ical subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms 'first party' and 'second party' shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the (1) the restrictions on the use of proceeds under Paragraph 5; (2) the first parties reverter right under Paragraph 5; (3) the first party's right of first refusal contained in Paragraph 8; and (4) the appraisal requirements contained in Paragraph 7, all part of the Agreement dated November 15, 1983, as amended, between Avatar Properties Inc., f/k/a GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Olficial Records Book 1340 at Page 0270 in the Public Records of Collier County, Florida, for the lands described as follows: See attached Exhibit 'A', which is incorporated herein by reference. N WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of i~JT..~' / , A.D., 2002. Signed, sealed and delivered Wit~s(.'g ~ )~/ , (print name) ~ ' W, itness (siqn~l~.[.~) __ (print name) AVATAR PROPERTIES INC., a Florir~rporation · Dennis J. Get - Executive Vice President Avatar Properties Inc. 201 Alhambra Circle Coral Gables, Florida 331R4 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: -~ char e & Release was acknowledged before me th sc~/2' e fo.r,egoing Reverter L)'S g day of ~,:_~_ ~ , 2002, by Dennis J. Getman, Executive Vice President of Avatar Properti~silnc., a Florida corporation, on behalf of the corporation. I-~_is,.personall~nown to me or who has produced as identification. I .'re.; ?.:., ',.'.'~:'i'".~.., c,'z~, ~ (Pdnt Name of ~lotary) .. '""--' ..... My Commission Expires: AG£NOA ITEM No: ?~: J U N 7. 3 2002 Pg' 7 EXHIBIT S 89'40'50" E 1451.0g'* NOT TO SCALE L2 -- UNE TABLE LINE LENG31-t BEARING L1 761.88 NOO'19'lO'F~ L2 426.54 S89'10'40"E~ L3 381.14 S00'19'10'W L4 50.10 S89'40'50"W P,O.B. RANDALL CUR~ TABLE J CURVE: RADIUS I DELTA IARC LENGTH[CHORD BEARING~ CHORD ~.. C1,, 2769.79 47'1l}'01'~ 2284.18 I N25'47'OS'E I2220'00 I .... __.___ ~ uc..o~ SKETCH AND OESCRIP~ON ~~1~ WILKISON & ~~1~. ASSOC I AT ES ~.~,~£,s. sum~ro,s ,,0 350e ~C~ A~ NAPES. ~ ~4104 (941) 643--2~4 F~ NO. (,941) 643-5175 ~ORIOA BUSIN[SS UCENSE ~0. ~5770 FI~ HAME 00-018-O00.DWG D~. NO. IR-L-179-1 JUN 2~ 2002 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS AND ASSOCIATED REVENUES FOR OPERATING COSTS IN FLEET MANAGEMENT ADMINISTRATION FUND (521) IN THE AMOUNT OF $99,200, DECREASE APPROPRIATIONS AND ASSOCIATED REVENUES FOR FUEL IN THE AMOUNT OF $568,600, AND RECOGNIZE REVENUES FOR CURRENT. AND PRIOR YEAR REIMBURSEMENTS IN THE AMOUNT OF $11,600. OBJECTIVE: Obtain Board approval for a budget amendment to increase appropriations for operating costs, decrease appropriations for fuel purchases, and recognize revenues for current and prior year reimbursements in Fleet Management Administration Fund (521). CONSIDERATIONS: Fleet Management's costs for repair parts and outside vendors were underestimated in the FY 2002 budget by $63,600 and $24,000 respectively. The principle reason for this shortfall has been expensive unscheduled repair of heavy trucks and equipment, mainly due to aging and hard usage. Parts requirements were also elevated by the mid-year addition of Transportation Disadvantaged Program buses and vans to Fleet Management maintenance responsibilities. The additional workload, along with personnel vacancies and long-term medical absences, has necessitated more use of personnel overtime. An increase of $6,600 in overtime pay is requested. These added appropriations will be needed to fulfill County vehicle and equipment maintenance requirements through the end of the fiscal year. Further, an ~--additional $5000 is needed for personnel training to take advantage of Emergency Vehicle Technician .raining and certification, and on-site fleet data automation training opportunities available this year. The high cost of fuel projected for FY 2002 by professional fuel management and pricing organizations has not materialized. Although gasoline prices are forecast to increase by about $0.10 per gallon this summer, prices are not expected to break the $2.00 per gallon mark predicted several months ago. Considering the current projection of fuel prices, Fleet Management's FY 2002 fuel appropriations exceed requirements by $568,600. The Fleet Management Department received reimbursement for expenditures of prior and current years from insurance revenues in the amount of $11,600. These revenues are requested to be recognized and appropriated for personnel overtime ($6,600) and personnel training ($5,000). FISCAL IMPACT: Appropriations for operating costs in Fleet Management Administration Fund (521) Will increase by $99,200. Since Fleet Management is an internal service fund, $87,600 of the additional operating costs for parts and outside vendors will "pass through" to affect the budgets of using departments and organizations. The remaining cost increases for personnel overtime ($6,600) and personnel training ($5,000) will be covered by the recognized insurance revenues. Fuel appropriations will decrease by $568,600. This reduction will more than offset the increased costs to customer budgets for equipment maintenance and repair. No growth management impact will result from this budget ~ GROWTH MANAGEMENT IMPACT: amendment AGENDA JUN 2 5 2002 RECOMMENDATION: Management Fund (521). PREPARED BY: The Board approve a budget amendment as outlined above in Fleet Daniel A.~Croff, Fleet Managcn~n(Direc r DATE: ~//~ ~ REVIEWED BY: Michael Smykowski, Budget Director DATE: Jo-Anne Varcoe-Leamer, Administrative Services Administrator -! ! AGENDA ITE~ N°' \L~,~ JUN 2 5 2002 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH AEC NATIONAL, INC., FOR THE DESIGN OF THE EXPANSION AND RENOVATION OF THE NAPLES JAIL CENTER IN THE AMOUNT OF $758,380. OBJECTIVE: To obtain approval to expand the scope of the Services Agreement with AEC National, Inc., to include the design of the shell for a third floor dormitory at the Naples Jail Center, design of a parking garage, and design of upgrades for the Central Chiller Plant. CONSIDERATIONS: Based upon the County's 1997 Integrated Corrections Strategic Development Plan, the Naples Jail Center renovation and expansion now underway, and the new Immokalee Jail currently under construction, will only satisfy the County's prisoner growth through 2006. Beyond 2006, a third floor dormitory housing unit with a 240-bed capacity will need to be added to the Naples Jail Center satisfying prisoner growth through 2015. Because of an approximate 25% construction cost savings that would result, Staff is recommending that the shell, only, for the third floor dormitory be designed and constructed as part of the Naples Jail expansion project now in progress. A parking garage, which was to be built as part of the Courthouse expansion, will be needed to accommodate 386 additional required parking spaces and Sheriff's impounded inventory. In addition, the Central Chiller Plant will have to be upgraded to provide adequate cooling for the Naples Jail Center. The Services Agreement with V Group of Florida, Inc. (now known as AEC National, Inc.), awarded in January 1999, and amended in November 2001 to include architectural and engineering services for the renovation and expansion of the Naples Jail Center, does not include the design of the third floor shell, garage, or Chiller Plant upgrades and will, therefore, need to be amended. The total estimated cost is $758,380 ($323,400 for design of the shell, $337,750 for garage design, and $97,230 for design of the Chiller Plant upgrades). Once the designs are completed and total construction costs determined, Staff will present a request to the Board for funds and authorization to amend the Construction Management Contract with Kraft Construction Company, Inc., to include the total expansion and renovation of the Jail, construction of the garage, and Chiller Plant upgrades. FISCAL IMPACT: A budget amendment is required in the amount of $834,218, which includes $758,380 for the above services and a $75,838 (10%) contingency. Funds are available in the Correctional Facilities Impact Fee Fund (381) Reserves and need to be transferred to Project No. 80003, Naples Jail Center. GROW'rH MANAGEMENT IMPACT: This request is consistent with the Count' Management Plan and 1997 Integrative Corrections Strategic Development Plar~ ?s Growth AGENDA ITEM No. /~ ~- ~- JUN 2 5 2002 pg. / EXECUTIVE SUMMARY Naples Jail Center Expansion Page 2 RECOMMENDATIONS.;. That the Board of County Commissioners approve any and all budget amendments required in connection with this request and authorize the Chairman to sign the Amendment and any other documents necessary to effect this change. Such documents will be submitted for review by the County Attorney's Office as to form and legal sufficiency prior to being submitted to the Chairman for execution. SUBMITTED BY: ~-~ ~'.~ Date: /.~,a~k Crognale, P1~ncipal Project Manager //Property Acquisition & Construction Management ///'Department of Facilities Management r A, Manager Property Acquisition & Cc ction Management Department of Facilities Management REVIEWED BY: ~ Department of Facilities Management Date: REVIEWED BY: Steve Y. Carnell,~irector Purchasing Department Date: APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division Date: AGENDA ITEM NO. JUN 2 5 2002 p~. 7-., EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO PURCHASE EQUIPMENT AND SERVICES NECESSARY TO ADD TWO (2) ADDITIONAL TOWER SITES TO THE COUNTY'S 800 MHz RADIO SYSTEM AT A COST OF $1,400,000 FINANCED OVER FIVE (5) YEARS. OBJECTIVE: Request Board approval to purchase equipment and services necessary to add two (2) additional sites to the County's 800 MHz radio system at a cost of $1,400,000 CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc., now M/A-COM Private Radio Systems Inc., for construction of the 800 MHz trunked radio system. The contract included radio signal coverage criteria based upon population density and anticipated growth. Since system implementation there has been significant growth in many areas of the county and some of this growth was not anticipated when the coverage criteria were established. County staff requested that the 800 MHz Advisory Committee, which represents the various radio system users, (Sheriff, Fire, EMS along with the cities of Marco Island and Naples) identify areas where improvements in the original signal coverage specification are necessary. The primary areas identified were east of Collier Boulevard including the Northeast Golden Gate Estates/Orangetree area and the area along US 41 East including the South Blocks area of Golden Gate Estates. Available demographic data and first hand experience identify these areas as needing radio system improvements. · The original coverage criteria were designed for low-density residential development. Population estimates, compiled by the County's Comprehensive Planning Section, project 60% growth in population from 27,445 residents in 2000 to 44,420 residents in 2007 in north south corridor between these areas. Increased population generates increased calls for public safety service, requiring a higher level of reliability and signal coverage from the radio system. In addition to the continued growth in the Golden Gate Estates area and the Orangetree development, PUD maps indicate several large PUDS under construction or approved in the north south corridor east of Collier Boulevard. Executive Summary Page 2 An elementary and middle school has been completed in the Orangetree development and contracts have been issued for construction of a high school in the same area. Based upon input from the Advisory Committee, M/A COM was tasked to develop a plan to expand the radio system to meet the desired signal coverage enhancement. M/A COM responded with two alternatives. Both alternatives recommended the addition of 2 tower sites to the simuleast system. Alternative A: utilizing new technology, would require an upgrade to existing equipment and technology in addition to the new sites at a total cost of $4.8 million. The new simuleast technology is a change in the operating system not in radio system performance. As a result field users would not see a corresponding benefit between the investment in new technology and radio system operation. Alternative B: utilizes simulcast equipment and technology identical to the County's existing sites, eliminating the need to for a technology upgrade, at a total cost of $1.4 million. This alternative includes the use of refurbished equipment compatible with the County's existing system. There is a limited inventory of the refurbished equipment and it is sold on a first come first serve basis. In order to recognize the savings on this upgrade it must be purchased at this time. Staff and the 800 MHz Advisory Committee have carefully evaluated both proposals. As a result of this evaluation the $1.4 million alternative is recommended based upon the following information that addressed two concerns, maintenance support for the refurbished equipment and condition of the equipment: M/A-COM has confirmed in writing that they are contractually obligated in place to maintain the equipment in alternative B until 2010. This is reasonable life cycle for the current site equipment. The equipment being sold to Collier County was previously used in Honolulu County Hawaii. Hawaiian representatives have confirmed that the equipment was operating properly and satisfactorily. It was traded in because they opted to complete a major redesign of the radio system resulting in the need for significant new equipment. The equipment will be warranted for ninety days and will then be covered under the County's maintenance agreement. This upgrade does not require the replacement or upgrade of any radio equipment utilized by agencies using the radio system. This upgrade involves modification of the radio system infrastructure only, so in accordance with past practices the County is responsible for the upgrade. ~~, ~--~.-~-.~-'""' Executive Summary Page 3 FISCAL IMPACT..'. A budget amendment is required to establish this project in the County-Wide Capital Projects fund (301) under project number 01851 for $1,400,000. The Finance Committee has recommended that this system expansion be funded through a loan fi'om the Commercial Paper Loan program. The General Fund will be obligated for the repayment of the loan bom non-advalorem revenues. The estimated FY03 debt serVice payment, assuming a 5-year amortization, is approximately $428,500 and is included in the FY03 proposed budget. A budget amendment will be required to reduce General Fund reserves and transfer funds to the Commercial Paper fund (299) for current year debt service payments. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION:. That the Board of County Commissioners: Authorize the purchase of equipment and services to add two sites to the County's radio system. · Authorize the Chairman to execute an agreement with the vendor following review by the County Attorney's Office. · Authorize a loan in an amoum not to exceed $1.4 million from the Commercial Paper Loan Program as the funding source for the site expansion. · Authorize necessary Budget Amendments T6hn Daly, Radio Communications Manager REVIEWED BY: Barry Axelrod, Information Technology Director REVIEWED BY: Jo-Anne Varcoe-Leamer, Administrative Services Administrator £/ectronics M/A.COM M/A-COM 3001 Executive Drive, Suite 210 Clearwater, FL 33762 Telephone: (727) 572-8993 www. macom, corn April 11, 2002 Mr. John Daly Information Technology Depar[ment Collier County JohnDaly~colliergov.net RE: Two-Site Expansion and GPS Upgrade Pricing Dear John: Enclosed is a revised price sheet for the original two-site expansion of the existing P,S-232 simulcast system and a budgetary cost to upgrade to GPS simulcast. There have been some small additional costs to M/A-COM for holding the expansion equipment that we are passing on to Collier County.. In regards to M/A,COM's willingness to support our older generation KS-232 simulcast~ it is important to note that M/A-COM does have contractual obligations to maintain KS-232 simulcast hardware until the year 2010. While we do support the idea of Collier County upgrading to GPS simulcast in the future, we don't see it as an urgent need. It is our opinion that by implementing the two-site upgrade with RS-232 equipment, Collier County will gain immediate benefits from the additional coverage, which provides better seiwice to your users. This can be implemented rather quickly and for a nominal amount of money. With the budgetary figures presented on the attached sheet for a total upgrade to GPS simulcast, you can then begin to plan for that much higher cost within the next five years or so. In other words you can say you have a short-term plan, which fixes the increase demand for better radio coverage, and you have a long-term plan to upgrade to GPS down the road. The cost figures to upgrade the simulcast system to GPS are strictly to replace the control point and remote simulcast sites. You will still maintain the same [MC, CSD, dispatch consoles and antenna systems. As you can see, you can save over $3 million dollars by implementing the two-site expansion today over the cost to go for a total GPS upgrade. You get immediate coverage improvements that will make users happier, and now you can work on a five-year replacement plan. Thank you for your support and continued assistance. If you have any questions, please let me know. Sincerely, David Jacobs AGENDA ITEM No. ~ JUN 2 5 2002 pg. ,~' SHERIFF DON HUNTER. COLLIER COUNTY 3301 Tarniarni Trail East, Bldg - J, Naples, FL 34112 (941) 774-4434 www.co~liershedff.org RECEIVED COUNTY MANAGER OFFICE J UN 1 7 2002 June 14, 2002 ACTIO~ FILE Tom Olliff, County Manager Collier County Government Complex, Building F, 3301 Tamiami Trail East Naples, Florida 34112 RE: Expansion of Collier County's 800 MHz Radio System DearMr. Olliff, As Chairman of the Collier County 800 MHz User's Group, I would like to express that the position of this committee is to support fiscally responsible plans that Collier County may develop for radio system expansion that will result in actual user-realized enhanced operability. The radio system is a critical communications tool for public safety agency members and any prudent measures taken to improve the functionality of that tool should be encouraged. Conversely, any actions that result in the degradation of current service levels in the radio system at any location will not be acceptable to the Collier County 800 MHz User's Group and are rigorously discouraged. Thank you for considering the standpoint of Collier County 800 MHz User's Group on this important matter. If you should have any questions, please call on me. Sincerely, Albert E. Beatty, Captain Communications Division, CCSO 'q'he duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." EXECUTIVE SUMMARY AWARD BID NO. 023369 FOR THE PURCHASE OF MEDICAL SUPPLIES AND EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT TO: AREO PRODUCTS CORPORATION, EMERGENCY MEDICAL PRODUCTS, EMERGENCY MEDICAL SUPPLY, McKESSON MEDICAL, MDS MATRIX, MICRO BIO-MEDICS, MOORE MEDICAL, PMX MEDICAL, QUADMED, SOUTHEASTERN EMERGENCY EQUIPMENT AND TRI-ANIM HEALTH SERVICES AT AN ESTIMATED ANNUAL COST OF $179,000. OBJECTIVE: To procure medical supplies and equipment in a cost-effective manner through the award and use of term purchase order contracts. CONSIDERATION:. On March 28, 2002 the Collier County Purchasing Department sent bid invitation notices to fifty-one (51) vendors for the purchase of two-hundred seventy seven (277) medical supply and equipment items. A total of twenty-one (21) vendors submitted bids. On April 18, 2002 the bids were publicly tabulated. In evaluating the bids, EMS staff contacted the apparent low bidders to verify compliance with the published specifications. In order to maximize the best prices available, EMS staff recommends award of the bid on a line by line basis to the lowest responsive bidder for each item. It is further recommended that the entire bid offerings of each responsive bidder be accepted as secondary suppliers to be utilized in the event of the inability of the lowest responsive bidder to furnish equipment as needed. In such a situation, the next lowest bidder would be contacted, and then the next lowest bidder and so on until needed products could be obtained. The list of primary awardees are: Aero Products Corporation Emergency Medical Products Emergency Medical Supply McKesson Medical MDS Matrix Micro Bio-medics Moore Medical PMX Medical Quadmed Southeastern Emergency Equipment Tri-anim Health Services FISCAL IMPACT; EMS Fund 490. The estimated annual cost is $179,000 and funds have been budgeted in AGENDA~TF..M No. /4;/- / JUN 2 5 2O02 GROWTH MANAGEMENT IMPACT'.. There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid No. 02-3369 to the vendors as recommended herein for the purchase of medical supplies and equipment for the Emergency Medical Services Department. SUBMITTED BY: "Glen AldeffiSr~ EM~' SlOpply Ofhcer Emergency Services Department REVIEWED BY: 0 o.~, ~)c~ t Date: Jeff I~g~,~MS Opertltf0~ns Director Emergency Services Department REVIEWED BY: ~,~ ~'~. Steve CamelV, Director purch~[/~g~t Date: Date: Administrator AGENDA ITEM 'i No. ,,','. ? / I JUN 2 5 2002 pg. 2 AGENDA ITF_.iVl No. //-.~' / ,,. JUN 2 5 2002 pg. ,~GENDA ITEM No. /~,F ! JUN ~ 5 AGENDA[TEM No. JUN 2 5 AGEND,~ No. .~,~' ! JUN '~ 5 200Z ' AGENDA I~'F..~' No. /4,~ ( JUN ~ 5 ~002 A~,END ~A~TI~M No. ~-,~ / JUN 2 ~ 20~2 JUN 2 5 2OO2 AGENDA ITEM No. /~,/ / ! JUN 2 5 2002 Pg .... /~) AGENDA ITEM No. /4,,'~ / JUN 2 5 3)02 AGENDA ffEM No.. /~,~ / ! JUN 2 5 2002 I' AGENDA ITEM No. /4 ~ / JUN 2 5 ~ AGENDA IT. EM No. ,,~.~ / JUN 2 ~, /~/ AGENDA ITEM No.. ,//.., ,~ ~ JUN 2 5 21~2 ~,~._ /~ Emert~ency Medical Services Award List Attachment 02-3369 (Attachment A) Aero Products Corporation 1. Airway, Nasal 20fr 2. Airway, Nasal 22fr 3. Airway, Nasal 24fr 4. Airway, Nasal 26fr 5. Airway, Nasal 28fr 6. Airway, Nasal 30fr 7. BVM, Adult 8. Electrodes, Ped 5/PK 9. Heparin Lock 10. IV cath, Arrow Twin Cath; Latex-free Two-Lumen Peripheral Catheters; 16 Ga. x 1 3/4"; Two-Lumen Radiopaque Polyurethane Catheter 25 over 20 Ga. Needle with Removable Vent Plug, Removable Injection Cap and Removable Extension-Line Clamp 11. IV cath, Arrow Twin Cath; Latex-free Two-Lumen Peripheral Catheters; 18 Ga. x 1 3/4"; Two-Lumen Radiopaque Polyurethane Catheter 25 over 22 Ga. Needle with Removable Vent Plug, removable Injection Cap and Removable Extension-Line Clamp 12. Pulse Ox Oxisensor II - D-20 13. Suction tubing, sterile, 1/4"x6' 14. Syringe 20cc 15. Female Quick Connect, schrader, 1/8" NPT female 16. KED with carrying case, Ferno #125 Emergency Medical Products 1. Airway, Nasal 12fr 2. Airway, Nasal 14fr 3. Airway, Nasal 16fr 4. Airway, Nasal 18fr 5. BAAM Monitor 6. Battery, C, Alkaline 7. Bite Stick 8. Contaminated box, 1 qt 9. Disposable pillow 10. Disposable underpads 11. EOA 12. ET Tube 2.5mm 13. ET Tube 3.0 mm 14. ET Tube 3.5 mm 15. ETTube4.5 mm 16. ET Tube 6.0 mm 17. ET Tube 7.0mm 18. ET Tube 7.5 mm AGENDA ITEM No. /4,/~ / JUN 2 5 19. ET Tube 8.0 mm 20. Eye cover, metal 21. Gauze, 4x4 sterile sponges 22. Gauze, 4x4 unsterile If 23. Gauze, kerlix 3" 24. Hand sanitizer, vionex, 4 oz waterless 25. Laryngoscope Blade - Mac 2 26. Laryngoscope Blade - Mac 3 27. Laryngoscope Blade - Mac 4 28. Laryngoscope Blade - Mill 1 29. Laryngoscope Blade- Mill 2 30. Laryngoscope Blade - Mill 3 31. Nasal cannula, Adult, 50/cs 32. Nasal cannula, Pediatric 33. Needles 18ga x 1 1/2" 34. Needles 21ga x 1 1/2" 35. OB kit, bag 36. OB, stockinette caps for newborns 37. 02 mask Adult non rebreathing w/tubing, 50/cs 38. 02 mask Pediatric w/tubing 39. Penlights, Disposable 40. Restraints-disposable posey 41. Suction canister, 800 cc 42. Tape 1" 43. Tape 2" 44 Thermometer probe covers; 25 bx 45. Trauma sleeves 46. Vacutainer holder 47. Vacutainer luer adapter 48. Vacutainer needle; 21gax1" 49. Volutrol 150 mi 50. B/P Cuff, Adult, non invasive Physio Control 51. B/P Cuff, Adult, Orange/10 year warranty 52. B/P Cuff, Child, non invasive Physio Control 53. B/P Cuff, Infant, non invasive Physio Control 54. B/P Cuff, Large Adult - non invasive Physio Control 55. B/P Cuff, Thigh-non invasive Physio Control 56. Flashlight, mini, waterproof, model mini Q40, underwater kinetics 57. HEPA respirator masks, mouldex 8000 series, LG 58. HEPA respirator masks, mouldex 8000 series, MED 59. HEPA respirator masks, mouldex 8000 series, SM 60. Hooligan Tool, 30" 61. Impact suction 321GR replacement light bulbs AC-.-.-.-~NDA ITEM No. ~,&/.-' / JUN 2 5 2002 62. Impact Suction Unit 321GR AC power cord 63. Impact Suction Unit 321GR DC power cord 64. Impact Suction Unit battery 321GR 65. Impact Suction Unit model 321GR, w/softpack, NC & DC power cords, gauge and regulator 66. Impact suction unit 321 GR, cordura bag 67. Laryngoscope Storage Case w/Velcro Closures, Orange 68. 02 barbed adapter, plastic, fits standard DISS outlet 69. 02 gasket, deluxe 70. 02 Tank "D" size w/toggle, Aluminum 71. Physio Control EtCO2 72. Physio Control replacement NIBP tubing 73. Physio Control spare '¥" lead cables 74. Physio Control trunk cable 75. Reeves Stretcher #SS31011, orange 76. Scalpel 77. Strap, impervious 2 piece length 5', seatbelt buckle w/end loops, orange 78. Thermometer, Suretemp ¢~79 79. Triage vest, orange, reflective trim 80. Ventilator circuit for the Autovent 3000 81. Window (Center) Punch Emergency Medical Supply 1. Airway, Oral 60mm 2. Airway, Oral 80mm 3. Airway, Oral 90mm 4. Airway, Oral 100mm 5. Airway, Oral 110mm 6. Armboard 9", IV, padded 7. Battery, 9v, Alkaline 8. Battery, AA, Alkaline 9. Battery, D, Alkaline 10. Convenience Bag 11. EKG Paste 12. Electrodes, Quick Combo, Adult 13. Electrodes, Quick Combo, Ped 14. ET Tube 2.5mm 15. ET Tube 3.0 mm 16. ET Tube 3.5 mm 17. ETTube 4.5 mm 18. ETTube 5.5 mm 19. ETTube 6.0 mm 20. ET Tube 7.0mm AGENDA ITEM No. /6ta JUN 2 5 P~I.. /~;~ 21. ET Tube 7.5 mm 22. ET Tube 8.0 mm 23. Eye pad 24. Gauze, kling 25. Gauze, Vaseline 26. I/O needle, 15 or 16 ga 27. I/O needle, 18 ga 28. IV cath, 14 ga 2" 29. KY Jelly, 3 gm pkt 30. NG Tube 8fr 31. NG Tube 12fr 32. NG Tube14fr 33. NG Tube 16fr 34. Penlights, Disposable 35. Snaplocks, cynch 36. Splint, Cardboard, 12" Foam Padded 37. Splint, Cardboard, 18" Foam Padded 38. Splint, Cardboard, 24" Foam Padded 39. Splint, Wire Ladder, 31" x 3 1/2" 40. Suction cath 6fr 41. Suction cath 8fr 42. Suction cath 10fr 43. Suction cath 12fr 44. Suction cath 14fr 45. Suction cath 18fr 46. Tourniquet lx18" 47. B/P Cuff, Child/10 yr warranty 48. B/P Cuff, InfantJ10 year warranty 49. Goggles ANSI Z87 approved - 50. Kelly forceps, curved 5 1/2" (hemostats) stainless steel 51. Magill forceps, Adult 10" stainless steel 52. Magill forceps, Pediatric 8", stainless 53. 02 bag, Cordura, Green, exterior zippered pockets, exterior 1 1/2" reflective trim, carry handles and shoulder strap, embroidered with "Collier EMS Dept", size 27"lx13'~/x9" 54. 02 Cylinder Wrench, Large 55. 02 Cylinder Wrench, Small 56. Ring Cutter 57. Safety Glasses ANSI Z87 approved 58. Scissors, EMT, black 59. Stethoscope, nurses, red 60. Thermal reflective blanket, adult size 61. Trauma Bag, Cordura, Royal Blue and Red Colors, two exterior side zippered pockets, exterior 1 1/2" reflective trim, carry handles and shoullder strap, lined w/separations, embroidered with "Collier EMS Dept" size 22"Lxl 1-1/2'~/xS"D AGENDA_ ITEM No. /~,~ ! 2 5 002 McKesson Medical 1. Ace bandage 3" 2. Ace Bandage 6" 3. Bandaids, Cloth 1"x3" 4. Betadine Prep Pad 5. Electrodes, Adult, $ilvon, Diaphoretic 6. Electrodes, Quick Combo, Adult 7. Electrodes, Adult, Silvon, Diaphoretic 8. Electrodes, Quick Combo, Adult 9. Gloves Extra Large 10. Gloves Large 11. Gloves Medium 12. Gloves Small 13. Isolation mask w/shield w ear loops 14. Pack hot 15. Syringe 1cc w 25 ga needle 16. Syringe 20cc 17. T-Tube 18. Physio Control chest leads 19. Physio Control spare 3 lead cables 20. Physio Control therapy cable MDS Matrix 1. Contaminated bx, 2 qt 2. Disposable pillow case 3. Disposable thermal blanket 4. Isolation Gown 5. 02 Humidifier 6. Suction tonsil 7. KED replacement headstraps, for Ferno KED #125 8. Nitronox Field Model Nitrous Oxide Unit w/"A" size cylinder 9. Scoop Stretcher w/3 straps Ferno model 65 10. Stethoscope, Adult, Mabis, Blue 11. Cervical collars, Ambu Perfit adjustable Micro Bio-Medics 1. Ammonia Inhalants 2. Syringe 60cc, cath tip 3. Tape 2" 4. urinal, plastic 5. B/P Cuff, Large Adult-Blue/10 year warranty AGENDA ITEM No. /4,/~ / JUN 2 5 2002 ,2,0 Moore Medical 1. Glucometer lancets 2. Hand cleaner, safetec, 4 oz 3. 02 mask Infant w/tubing 4. Trauma dressing; 10"x30" PMX Medical 1. Battery, AA, Alkaline 2. Disposable top sheet 3. Pillow case, moisture proof / vinyl zippered 4. Isolation mask w ear loops 5. IV Cath, 12 x 3" 6. IV cath, protective 14 ga 7. IV cath, protective 16 ga 8. IV cath, protective 18 ga 9. IV cath, protective 20 ga 10. IV cath, protective 22 ga 11. NG Tube 18 fr, Gastric Sump 12. Pack hot 13. Cervical collar carry bag, stifneck 14 Cervical collar, mini perfit ace 15. Traction splint, replacement ankle hitches for fernotrac 443 and 444 16. Triage tags, with strings Ouadmed 1. Airway, Oral 40mm 2. Airway, Oral 50mm 3. Airway, Oral 60mm 4. Airway, Oral 80mm 5. Airway, Oral 90mm 6. Airway, Oral 100mm 7. Airway, Oral 110mm 8. IV Venigard 9. Meconium Aspirator 10. Razor, disposable, double edge 11. Stylette, adult 12. Stylette, Infant 13. Stylette, Pediatric 14. Pro-lite backboard, #TSS MFG #716, no pins, orange w/"Collier EMS Dept" stencil 15. Seatbelt cutter, 4"x1" 16. Strap, one piece, w/delrin buckle, Disposable 9', orange, impervious A(3ENDA ITEM No. , JUN 2 5 2002 Southeastern Emergency Equipment 1. Bedpan/Fracture Pan 2. BVM, Adult 3. BVM, Neonate 4. BVM, Pediatric 5. Contaminated Box, 4 qt 6. Cravat- Cotton w/safety pin 7. Disposable fitted sheet 8. Gauze, 8x10 sterile combine pad 9. NGTube 10fr 10. OB clamp 11. Pulse Ox Durasensor 12. Pulse Ox Extension Cable 13. Pulse Ox Oxisensor II - D-20 14. Pulse Ox Oxisensor II - 1-20 15. 16. 17. 18. Sta Blok, Head Immobilization Blocks, STI #975 CO2 cartridges, 16 gram, threaded Ferno cot mattress, #460 Flotec Oxygen Flow Meter, small knurled knob, Ohio wall fitting, DISS outlets, no checkvalve, 0-25 LPM, aluminum finish, engraved with purchase date and "Collier EMS Dept", #F102-2E02P3 19. Flotec Oxygen Pressure reducer regulator, CGA 540 fitting, 1 DISS outlet, anodized aluminum, Engraved with purchase date and "Collier EMS Dept", #RR5102-6002 20. Flotec Oxygen regulator, 1 DISS outlet, recessed flow knob, 1 barb, blue, Engraved with purchase date and "Collier EMS Dept", #RR8105-5005P2 21. Flotec Oxygen regulator, no DISS outlets, recessed flow knob, 0 - 25 LPM, 1 barb, green, Engraved with "Collier EMS Dept", #RR800-240P2 22. Fox 40 whistles 23. IV Pressure Infuser, 1000mi, david clark 24. Med chest, Flambeau #PM2273, orange 25. Nonin airway adapter tubes 26. Nonin Pulse Ox finger probe 27. 02, DISS male connector 1/8" NPT 28. 02, male quick connect, schrader style, 1/8" NPT male 29. Pediatric Immobilizer w/case, AA Kinder 30. Pedi Immobilizer, replacement head and chin strap for quad reed pedi immobilizer 31. Pedi Immobilizer, replacement head pads for quad reed pedi immobilizer 32. Stair chair, femo model 42 33. Stethoscope, Pediatric 34. Traction splint, Femotrac #443 Child, w/carrying case and 2 ankle hitches 35. Traction splint, Fernotrac #444 Adult, w/carrying case and 2 ankle hitches JUN 2 5 2002 ,. ~! Tri-anim Health Services 1. Alcohol Preps 2. Battery, AA, Alkaline 3. Battery, AAA, Alkaline 4. Bulb Syringe/Ear 2 oz 5. Pillow case, moisture proof / vinyl zippered 6. EKG Paper 7. EKG Propaq paper for model 106EL 8. Emesis Basin/kidney shaped 9. ET Tubes, sizes 2.5 through 8.0 10. Glucometer test strips/bx, 24/bx/cs 11. OB, baby buntings 12. Pack Cold 13. Suction canister, 1200 cc 14. Syringe 3cc 15. Syringe 12cc 16. Vacutainer tube; red top 17. Volutro1150 mi 18. BP cuff, NIBP, adult, to be used for Propaq 106EL 19. BP cuff, NIBP, child, to be used for Propaq 106EL 20. BP cuff, NIBP, Ig adult, to be used for Propaq 106EL 21. BP cuff, NIBP, thigh, to be used for Propaq 106EL 22. BP cuff, NIBP replacement tubing, to be used for Propaq 106EL 23. Laryngoscope Handle, standard 24. Peep valve, disposable 25. Propaq model 106EL pulse ox replacement sensor 26. Propaq model 106EL replacement ECG cables A(:~ENDA ITEM JUN 2 5 21XI2 EXECUTIVE SUMMARY · APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR THE PROVISION OF FIRE PROTECTION AND RESCUE SERVICES TO THE UNINCORPORATED AREAS OF GOODLAND AND KEY MARCO AT AN ANNUAL COST OF $56,564.00 OBJECTIVE: To gain Board of County Commissioners acceptance and approval to enter into an agreement between Collier County and the City of Marco Island for the provision of fire protection and rescue services to the citizens of Goodland and Key Marco. CONSIDERATION: Prior to the incorporation of Marco Island, the Marco Island Fire and Rescue has provided fire protection and rescue services to the service area of Key Marco and Goodland through an agreement with Collier County. The current agreement terminates on September 30, 2002. The new agreement between the City of Marco Island and Collier County would commence on October 1, 2002 and end on September 30, 2004. The new agreement will be extended for additional two-year terms unless either party desires to terminate or renegotiate. The County agrees to pay the City of Marco Island the annual sum of $56,564.00. The City of Marco Island, through its Fire/Rescue Department, agrees to provide all emergency and non-emergency fire protection and rescue services to the service area commensurate with the services provided to Marco Island. FISCAL IMPACT: Island Fire District. $56,564.00 has been budgeted in Fund 149, Goodland/Horr's GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners sign and execute the attached agreement with the City of Marco Island for the provision of fire and rescue services within the service area of Goodland and Key Marco. SUBMITTE ~e?neth F. Pinca~ u~~~ Date: / ~ ~J~'~a-t ~i~terim Emergency Services Administrator APPROVED BY: P ~'6 Le°<~chs' J~' ~/a~a '~ Assistant County ger Date: AGENDA ITEM. No. JUN 2 5 2002 INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES This Agreement, made and entered into this 1st day of.October., 2002 by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "COUNTY"), and the City of Marco Island, Florida, (hereinafter referred to as "City"). WHEREAS, it is the desire of the County to provide fire protection to the Goodland and Key Marco unincorporated areas of Collier County, and WHEREAS, the County desires to provide said fire protection to a portion of Collier County by agreement with the City, and; WHEREAS, the above referenced portion of the County shall hereinafter be referred to as the "Service Area", a map delineating the Service Area is attached hereto as Exhibit UA". It shall be within the following boundaries: The unincorporated areas of the County known as Goodland and Key Marco. NOW THEREFORE, In consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. TERM OF AGREEMENT: This Agreement shall commence on the 1s~ day of October 2002, and will continue for a period of two (2) years, ending on the 30th day of September, 2004. Thereafter, this agreement shall be extended for additional two (2) year terms under the same covenants, terms and conditions, unless either party desires to terminate or renegotiate this agreement. In the event either party desires to terminate or renegotiate this agreement, it shall provide written notice of its intention to the other party not less than 30 days prior. If the City terminates, the City will continue such service for a reasonable period of time to allow the County to provide alternative fire and rescue protection. The maximum length of such reasonable period shall be six (6) months after termination of the Contract by the City. Payment for services during the six (6) month period beyond the termination date will be based on the monthly-prorated amount of the annual contract period. In the absence of the 30 day prior written notice of intent to terminate the Agreement by either party, the Contract shall continue in force until written notice is given, or until the Contract is renegotiated on terms mutually agreed upon by the parties. 2. TERMS OF PAYMENT: For the initial year of the contract, the County agrees to pay the City the annual sum of Fifty-Six Thousand, Five Hundred Sixty-Four Dollars ($56,564), as computed on Exhibit "B" attached, payable on or before January 31, 2003. Thereafter, the amount will be recalculated annually by the City based on the formula attached as Exhibit B. Notice of the new payment amount will be provided after negotiation with the County, in writing, to the County by July 1 of each year. AGENDA_.LTEM No. /~f~ ~ JUN 2 5 3. SERVICE LEVEL: The City agrees to provide fire protection and rescue services to the service area by the City of Marco Island Fire/Rescue Department and equipment available at the time of any emergency call. All decisions on manpower and equipment will be made by the Marco Island Fire Chief, or in his absence, by one of his assistants. Firefighting service will be performed in a professional manner consistent with modern firefighting practices and consistent with or exceeding the services generally being provided. Fire protection and rescue services provided by the City will include all emergency and non-emergency services normally performed by the Fire Department, including all those services required by law. This Agreement does not alter the Mutual Aid Agreement between the City and County. 4. COMMAND AT FIRE SCENE: The Marco Island Fire Chief, or in his absence, one of his assistants, shall assume control and responsibility of all fire or other applicable emergencies in the Service Area where the City has responded. 5. EQUIPMENT AND PERSONNEL: The City shall maintain equipment and personnel necessary to provide adequate fire protection and rescue services to the service area. The City shall be responsible for properly training all of said personnel. 6. RECORDS: The City agrees to maintain records on all responses and provide statistics as necessary. 7. BREACH OF CONTRACT: Non-compliance with any provision of this Agreement by either party shall constitute a materiat breach. The breaching party shall have seven (7) days after receipt of written notice of any breach to correct that breach, or if corrections cannot be made within the seven (7) day period, a reasonable agreed upon time shall be given to correct the breach. In the event the breach cannot be cured within such time periods, the non-breaching party may declare the contract terminated, and shall so notify the other party in writing. In such event, an adjustment in the contract 'payment shall be made based upon a monthly-prorated amount of the annual contract payment. 8. CONSENT OF THE PARTIES: The City hereby agrees not to enter into a contract for fire protection and rescue services with any individuals or organizations within the service area of Collier County without the written consent of the County. 9. INDEMNITY AND INSURANCE: A. INDEMNITY. CITY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless COUNTY and all of COUNTY'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by CITY, its agents, employees, or subcontractors during the performance of this agreement, whether direct or indirect, and whether to any person or property to which COUNTY or said parties may be subject, except that neither CITY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of COUNTY or any of its officers, agents, or employees. It is specifically agreed between the parties executing this' agreement that it is not intended by any of the provisions of any part of the agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a 2 AGENDA_ITEM JUN 2 5 2002 party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. B. LIABILITY INSURANCE. The CITY covenants to keep in force during the period of this agreement adequate public liability insurance and property damage insurance. 10. NON.APPROPRIATIONS CLAUSE: If for any reason the City or County's governing body does not approve the funds to implement this contract in any given fiscal year, the contract shall be null and void. 11. NOTICES: Any notices permitted or required by this Agreement shall be in writing and submitted by certified mail, return receipt requested, to one of the following addresses, as appropriate. a) Notices from the City to the County shall be sent to: Leo E. Ochs, Jr., Assistant County Manager, 3301 E. Tamiami Trail, Building H, Naples, Florida 34112. b) Notices from the County to the City shall be sent to: A. William Moss, City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, Florida 34145. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Interlocal Agreement for Fire and Rescue Services. The City of Marco Island, Florida Board of County Commissioners Collier County, Florida By: ., ~~"~~- By: ~ker, Ch,~irman James N. Coletta, Chairman Laura Litzan,CD'eputy City Clerk Attest: Dwight E. Brock, Clerk By: Deputy Clerk, Attest as to Chairman's signature only Approved as to form and Legal sufficiency for the City of Marco Island, Florida: City Attorney Approved as to form and Legal sufficiency for Collier County: By: u~line Hubbard Robinson istant County Attorney JUN 2 § 2002 SERVICE AREA EXHIBIT "A" FIELD GOODLA~ BAY HORR' S ISLAND ALSO KNOWN AS KEY MARCO. JUN 25 2~02 ./ WORKSHEET - EXHIBIT "B" COLLIER COUNTY Fire/Rescue Service Contract- Payment Calculations STEP 1 $ 2,644,441 $ 2,644,441 528,888 1211763 FY 2003 Subtotal FY2003 Proposed Marco Fire Budget Administrative Overhead @ 20% of Subtotal Equipment Depreciation (15 year life) FY01 Total FIRE PROTECTION COST STEP 2 0.716 Mils Total Fire Cost $3,295,561 divided by $4.6 billion assessed City valuation = Amount City Residents Pay for Fire Protection STEP 3 $79 million Taxable Value of Key Marco & Goodland STEP 4 $79 million x 0.716 mils Net Assessed Value of Real Property of Service Area Multiplied by Millage Factor = Annual Rate for Fire Protection STEP 5 $56,564 Annual Rate Fire Service Contract between County of Collier and City of Marco Island "AGENDAJTEM. No. /4F= ~ JUN 2 5 2 02 Pg. EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR AN ADVANCED LIFE SUPPORT (ALS) ENGINE PARTNERSHIP PROGRAM. ONE TIME EQUIPMENT COST OF $50,000 AND ANNUAL PERSONNEL COST OF $15,000 OB_.B. JECTIVE: Request the Board of County Commissioners approve an Interlocal Agreement between the City of Naples and Collier County for an Advanced Life Support (ALS) Engine Partnership Program and approve the budget amendments necessary to fund the program. CONSIDERATION: The Advanced Life Support (ALS) engine partnership program will provide advanced life support services to the City of Naples and surrounding areas utilizing a County EMS Paramedic/firefighter assigned to a City of Naples Fire vehicle. In exchange for the County EMS Paramedic/Firefighter assigned to the City of Naples Fire vehicle, the City of Naples will assign a City of Naples Firefighter/Paramedic or Firefighter/EMT to a County EMS Paramedic vehicle. This partnership program enhances the current dispatch procedures by providing a more rapid advanced life support response to second 911 emergencies, while maintaining the high quality of County EMS paramedic services. Similar programs have been implemented with the East Naples Fire District and Marco Island Fire District in the past year, and have proven very successful. Since their implementation, the programs have significantly contributed to improved patient outcomes and the saving of lives. The City Council of the City of Naples approved the Interlocal Agreement for the ALS Engine Partnership on June 19, 2002. FISCAL IMPACT: Medical equipment will be purchased in the amount of fifty thousand dollars ($50,000) utilizing monies available in EMS Impact Fee Fund 350 reserves. Incentive pay for cross-trained personnel will be funded from EMS Fund 490 reserves at an estimated cost of fifteen thousand dollars ($15,000) annually. GROWTH MANAGEMENT IMPACT: None. ' A'~:~ENDA IT_EM .. No. /¢,= JUN 2 5 2002 RECOMMENDATION: The Board of County Commissioners approve the Interlocal Agreement between the City of Naples and Collier County for an Advanced Life Support (ALS) Engine Partnership program. SUBMITTED BY: ~',, ~,,~-- Date: Jeff Pa~e,Ll~rect0r ~f Operations Emergency Medical Services Department APPROVED B~ Date: · Interim Administrator, Emergency Services Division AGENDA~ ITEM No. /(,~" ~ JUN 2 5 2002 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT ENGINE PARTERSHIP THIS INTERLOCAL AGREEMENT, made and entered into this day of ..... "':: .... 2002,-by.and bctw, een.£ollier County, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, a Florida Municipal Corporation, hereinafter called the "CITY" WITNESSETH WHEREAS, the CITY and COUNTY will participate in consistent County Emergency Medical Services (EMS) Department medical direction, First Response EMS Paramedic Vehicle protocols, training and quality assurance on a countywide basis; and WHEREAS, the CITY seeks to enhance EMS partnership with COUNTY; and service further through a WHEREAS, the Advanced Life Support (ALS) Engine Program partnership provides for an CITY Firefighter/Paramedic and/or Firefighter/EMT work and train on a COUNTY EMS Paramedic Unit providing advanced life support paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS Engine partnership provides for a COUNTY Paramedic/Fire.fighter to respond to 911 emergencies on a fire engine or rescue apparatus of the CITY to provide Advanced Life Support paramedic duties and fire suppression duties. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and CITY agree as follows: SECTION I: COUNTY'S RESPONSIBILITY 1.0 The following specific services, duties, and responsibilities will be the obligation of the COUNTY, regarding the ALS Engine partnership. 1.1 The COUNTY EMS Department, as a sole license provider of advanced life support under Chapter 401, Fla. Stat. (2000) and Subtitle AGENDA ITEM No. //-~' ~ JUN 2 5 2.002 1.2 64E-2, Fla. Admin. Code (2000) will license and equip (1) CITY fire engine or rescue apparatus as a non-transporting ALS vehicle under the COUNTY EMS license for the purpose of enhancing 911 medical responses. The COUNTY EMS Department will provide one (1) Paramedic/Firefighter.to the CIT-Y 365 days per. year,. 24, hours per day to be utilized on a fire suppression vehicle licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. SECTION H: CITY OF NAPLES POLICE AND EMERGENCY SERVICES DEPARTMENT - FIRE OPERATIONS BUREAU'S RESPONSIBILITY 2.0 The CITY shall provide and perform the following specific services, duties and responsibilities regarding the ALS Engine Partnership. 2.1 The CITY will maintain one (1) ALS Engine 'or rescue apparatus, licensed and equipped by the COUNTY, at CITY Station 2 and will respond to medical 911 emergencies as directed by the COUNTY EMS protocol as an emergency medical response and fire suppression vehicle. 2.2 The CITY will establish and maintain the medical protocol, training and quality assurance programs of the County. 2.3 The CITY will provide one Firefighter/Paramedic or Firefighter/EMT to the COUNTY EMS Department 365 days per year, 24 hours per day to be stationed within the City of Naples Police and Emergency Services Department Fire Operations Bureau. SECTION HI: MUTUAL COVENANTS 3.0 The COUNTY will be responsible for assuring the CITY Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY ,will be responsible for assuring that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by Florida Statutes and by the rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training. 2 AGENDAITEM_, No. ,/~ ~- .~ JUN 2 5 2002 3.1 The COUNTY and the CITY will provide each other's department Paramedic/Firefighter similar training and internship programs as wOuld be provided for a COUNTY or CITY employed Firefighter/Paramedic or Firefighter/EMT. SECTION. IV.: OPERATING PROCEDURES 4.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 4.1 The COUNTY Paramedic/Firefighters will meet the same requirements and perform under the same standard operating procedures and chain of command as employees of the CITY. 4.2 The CITY and COUNTY will recognize the respective ranks of assigned Paramedic/Firefighters. COUNTY Paramedic/Firefighters will assume command on medical rescue calls. The CITY Firefighter/Paramedics or Firefighter/EMTs will assume command on fire suppression calls. Each department will provide the appropriate response of command personnel to incidents as necessary to maintain adequate scene command. SECTION V: RESOLUTION OF CONFLICTS 5.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient. 2. The COUNTY Paramedic/Firefighters and EMS command structure will have full jurisdiction until the issues involving the patient are resolved. Should issues arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. AGENDA ITEM No. /~,~ ~ JUN 2 5 2002 SECTION VI: SCHEDULING 6.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will be assigned to a medic unit located out of EMS Station #15. The COUNTY EMS Department Paramedic/Firefighters will be assigned to an ALS Engine or Rescue..Apparatus operating out of CITY of Naples Station 2. SECTION VII: AGREEMENT TERM 7.0 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate upon completion of the services and responsibilities mutually preformed by the CITY and the COUNTY or until written notice of termination of same. 7.1 The COUNTY or the CITY may terminate this Interlocal Agreement prior to completion of all terms of said Interlocal Agreement upon thirty (30) days written notice to each other. 7.2 Upon execution of this Interlocal Agreement, the CITY agrees not to submit an application for a Certificate of Public Conveyance and Necessity for a period of 5 years or'until this Agreement is terminated, whichever is earlier. SECTION VIII: INSURANCE 8.0 8.1 8.2 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. The CITY and COUNTY agree that either party may be self-insured on the condition that all self-insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28 Florida Statutes, the CITY and COUNTY agree to hold harmless the other, their employees, and agents against any and all claims and or damages by or on behalf of any person, employee, or legal:entity arising from their respective negligent acts pursuant to this agreement to allow employees of City to occupy and ride in County vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on the CITY or COUNTY when it would not otherwise by law be responsible. 4 AGENDA ITEM No. /~.. ~ JUN 2 5 2002 SECTION IX: MISCELLANEOUS 9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing''in-said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. JUN 2 5 2002 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. COLLIER COUNTY, FLORIDA, a ...... Florida-Political Subdivision ATTEST Dwight E. Brock, Clerk By: Approved as to form and legal Sufficiency: q~eline Hubbard Robinso sistant County Attorney James N. Colletta, Chairman CITY OF NAPLES, a Florida Municipal Corporation By: Bonnie R. MacKenzie, Mayor ATTEST: Tara A. Norman, City Clerk DATED: Approved as to legal form and content: Robert D. Pritt, City Attorney P/Resnew/CCEMS ALS Agrmt JUN 2 § ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF MODIFICATION #t TO A HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY. OBJECTIVE: To gain Board of County Commissioners approval of Modification #1 to Grant Agreement #02-PR-37-09-21-01-001 which extends the completion date of the Agreement to September 30, 2002. The Agreement is for shelter retrofit work at Golden Terrace and Big Cypress Elementary Schools. CONSIDERATIONS: On September 11, 2001, the Board of County Commissioners approved Agreement #02-PR-37-09-21-01-001 between the Florida Department of Community Affairs and Collier County for the installation of hurricane protection devices at the Golden Terrace and Big Cypress Elementary Schools for the sum of $58,000. Bids were requested in October 2001 for the installation of additional roof protection devices and "Armorscreen" at designated building openings. Stormsmart of Ft. Myers was awarded the bid and the initial work has been completed. However, a major back- log in the production of the "Armorscreen" product has make it impossible to complete the project by June 30, 2002, the original contract completion date. The "Armorscreen" for this project is now in production, and we have been assured that the project will be completed by late July, 2002. Board approval of Modification #1 will extend the Agreement completion date to September 30, 2002. /he total cost of the project, $58,000, has not changed. FISCAL IMPACT: $58,000 has been budgeted in Fund 118, Emergency Management Grants and this amount will be reimbursed by the Florida Department of Community Affairs upon completion of the project. GROWTH MANAGEMENT IMPACT_.' Policy 12.1.3 of the Conservation and Coastal Management element of the County Growth Management Plan requires the County to identify additional shelter space. Upon completion of the project, 460 additional shelter spaces will be provided that meet State and American Red Cross shelter standards. AGEND& ITEM JUN 2 5 2002 RECOMMENDATION: That the Board of County Commissioners approve Modification #1 to Agreement #02-PR-37-09-21-01-001 extending the completion date to September 30, 2002 and adopt the Resolution authorizing the execution and acceptance of Modification #1. · a~' Date: SUBMITTE~e~eth ~ineau, Interim Emergency Services Administrator APPROVED BY: Leo'~'"Dchs, 3r., A~t Courlty Date: Manager Agreement Number: 02-PR-37-09-21-01-001 CSFA #52011 MODIFICATION # 1 TO AGREEMENT WHEREAS, The State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County (hereinafter referred to as the "Rex:ipient") have entered into a Agreement dated October 2, 2001, for the purpose of retrofitting schools with window/door protection systems, performing engineering assessments and retrofitting roofs; and WHEREAS, there is a delay in shipment by a supplier of a final component required to complete the Golden Terrace and Big Cypress Elementary Schools. NOW, THISREFORE, in consideration of the mutual promises herein contained, the parties agree to modify the Agreement to read as follows: 3, PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end September 30, 2002, unless terminated earlier in accordance with the provisions of Paragraph 9 of this Agreement. Any requests for reimbursement received after December 15, 2002, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. All other terms and conditions of the Agreement inconsistent with this modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification to be executed by the undersigned officials as of the date listed below. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA COLLIER COUNTY, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Date: James N. Coletta, Chairman By: W. Craig Fugate, Director Division of Emergency Management Date: SAMAS # 52-202510060-52600000-00-03000000 FEID # 59-6000558 ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to for~an~ legal sufficiency: till. By: '~[2,;_~. ~,~1~14''~ Asst. County Attorney AGENDA lT..EM JUN 2 Po,, ? 9 I0 12 13 17 19 2O 21 22 23 2~ 25 26 27 2g 29 3O 31 32 33 3~ 35 36 37 3g 39 ~0 ~2 ~6 5O 52 53 RESOLUTION NO. 2002 - RESOLUTION AUTHORIZING TIlE EXECUTION AND ACCEPTANCE OF A MODIFICATION TO AGREEMENT #02-PR-37-09-21-01-001 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA WltEREAS, on September 11, 2001, Collier County entered into Agreement #02- PR-37-09-21-01-001 with the Florida Department of Community Affairs for funds in the mount of $58,000 to be used for shelter enhancements at Golden Terrace and Big Cypress Elementary Schools, and WI~.REAS, Collier County has entered into a contract for the shelter enhancements necessary in order for Golden Terrace and Big Cypress Elementary Schools to meet the American Red Cross 4496 standards for shelters, and WlTEREAS, there is a delay in shipment by a supplier of a final component required to complete the shelter enhancements at Golden Terrace and Big Cypress Elementary Schools, and WltEREAS, Collier County has requested and the Florida Department of Community Affairs has agreed to a modification to tee Agreement extending the completion date to September 30, 2002 NOW THEREFORE' BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Modification #1 extending the completion date to Agreement #02-PR-37-09-21-01- 001 between the State of Florida, Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorize the Board's chairman to execute the modification on behalf of Collier County. This Resolution adopted after motion, second, and majority vote in favor of adoption this __ day of June, 2002. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: (Deputy Clerk) James N. Coletta, Chairman Approved as to form and l~gal sufficiency: - A§sistant County Attorney AGENDA IT, EM No. t"~' "~! JUN 2 5 200Z Pg..,, q EXECUTIVE SUMMARY Approve the service contract of the Acting County Manager Objective: To obtain Board approval of the service contract for the Acting County Manager. Consideration: The County Manager tenured his resignation to the Board of County Commissioners on May 17, 2002. On May 28, 2002, the BCC approved his last duty day of July 15, 2002 along with the selection of the Deputy County Manager to be the Acting County Manager until the Board selects a permanent County Manager. At the May 28, 2002 BCC meeting the board decided to (1) secure and retain the services of Deputy County Manager as the Acting County Manager starting on July 15, 2002 and to provide inducement for him to remain in such employment until a County Manager is selected and employed by the County; (2) to assure the Deputy County Manager could apply for the County Manager position and if not selected would revert back to the Deputy County Manager. County Human Resources Practices and Procedures specify in compensation administration #5341, paragraph D.5. Acting Assignment/Temporary Additional Duties specify that an employee shall be granted an adjustment in pay up to 10 percent above his/her regular rate of pay or the base salary of the acting position, whichever is greater. In this regard, the annual salary for the Acting County Manager will be $128,664.54. Fiscal Impact: Funds are appropriated in the County Manager's office operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the Acting County Manager's contract with James V. Mudd and authorize the Chairman to execute same. PREPARED BY: REVIEWED AND APPROVED BY: -- ~f~es V. Mudd Deputy County Manager Thomas W. Olliff County Manager Date: ACTING COUNTY MANAGER EMPLOYMENT Collier County, a political subdivision of the State of Florida CoUnty Commissioners (hereinafter referred to as "BOARD" or Mudd (hereinafter referred to as "EMPLOYEE") enter into this Ag below as follows: BACKGROUND Since October 2000, James V. Mudd has been empl has demonstrated a professional and administrative County and has also served as Deputy County Managt The COUNTY desires to employ the services of EM Manager of Collier County; ,GREEMENT by and through its Board of COUNTY"), and James V. eement on the date set forth )yed by Collier County and competence desired by the :r since October 2001; ?LOYEE as Acting County EMPLOYEE desires employment as Acting County N [anager of Collier County; It is the desire of the BOARD to: (1) secure EMPLOYEE as Acting County Manager and to pro4 remain in such employment until a County Manager COUNTY; (2) to make possible full work EMPLOYEE's morale and peace of mind with resp, and (3) to provide a specific term for his employment with a just means for terminating EMPLOYEE's Manager. TERMS AND CONDITIONS md retain the services of tide inducement for him to ; selected and employed by ~roductivity by assuring Et to employment security; as Acting County Manager 3ervices as Acting County In consideration of the mutual covenants contained in the EMPLOYEE agree as follows: Section 1. Duties: The EMPLOYEE is hereby employed as Acting County I~ authority, duties and responsibilities of County Manager/Administr County Ordinance No. 93-72, as amended. Section 2. Term of Emplo,yment: a. The Term of this Agreement shall be from the effecti, the first day of employment of a County Manager sele, b. Nothing in this Agreement shall prevent, limit or othex of the BOARD to terminate the services of the EMI: Agreement, BOARD and ianager and shall have the ator as set forth in Collier e date of the Agreement to ted by the BOARD. wise interfere with the right _,OYEE ,as~Act. ing County Manager or the right of the EMPLOYEE to resign, w provisions set forth in Section 5 of this Agreement. Section 3. Salary: The COUNTY agrees to pay EMPLOYEE for his service Agreement an annual base salary of $128,664.54 payable bi-weekly. the EMPLOYEE's present salary and the increase is in keeping with Section 4. Employment Benefits: ao COUNTY agrees to maintain in fome for EMPLOY or other insurance policies provided by the County to EMPLOYEE shall be entitled to receive the same vac~ as are accorded to department heads, including (ex¢ provisions governing accrual and payment thereof on All provisions of law and regulations and rules o vacation and sick leave, holidays, annual pay adjustrr other fringe benefits and working conditions as they be amended, shall also apply to EMPLOYEE in the other employees of the COUNTY, in addition t, enumerated in this Agreement. Section 5. Termination and Severance Pay: Any term or condition of this Agreement to the COUNTY may absolutely terminate EMPLOYEt COUNTY or the employment of EMPLOYEE as Acl the pendency of this Agreement as follows: (1) In the event that EMPLOYEE is convicted of involving moral turpitude, COUNTY n EMPLOYEE's employment with COUNTY any obligation to pay severance pay under this (2) Except as set forth in Subsection 5(a)(1) above desires to terminate EMPLOYEE as Acting C~ time that the EMPLOYEE is willing and abl Acting County Manager, COUNTY may do s~ three fifths of the entire membership of the BO. In the event of termination in accordance with ti' Subsection 5(a)(2), or upon expiration of this Agreeme Term of Employment, COUNTY agrees that EMPI 2 ~ich rights are subject to the ; rendered pursuant to this This is a 10% increase over >resent County policy. ~ all health, life insurance .ts other employees. ttion and sick leave benefits ept as provided below) the ermination of employment. the COUNTY relating to :nts (merit and COLA) and now exist, or hereafter may manner that they apply to the benefits specifically contrary notwithstanding, 's employment with the ng County Manager during any felony or of any crime ray absolutely terminate without notice and without ~greement. . in the event the COUNTY >unty Manager during such e to perform the duties of by an affirmative vote of e procedures set forth in nt as provided in Section 2. I employment position of Deputy County Manager EMPLOYEE previously enjoyed on the day prior Agreement adjusted for any merit or cost of living ac or after October 1, 2002. Co In the event EMPLOYEE voluntarily resigns his Manager with the COUNTY, the EMPLOYEE shall days advance written notice, unless waived by the agreed by the parties. Section 6. Payment of Expenses: COUNTY agrees that the public is served by EM professional organizations that enhance his profes: community organizations through which EMPLOY[: service provided to the COUNTY and its citizens. budget and pay the dues and subscriptions of EM] participation in the following organizations toge organizations as may, from time to time, be specificall County Commissioners: do (2) (3) (4) (5) International City and County Managers Assoc Florida City and County Managers Associatior Leadership Collier County Leadership Florida American Society of Civil Engineers COUNTY agrees to budget and pay the travel and EMPLOYEE for professional and official travel ou authorized by law. Specifically, the COUNTY ag~ by the BOARD. Florida Statutes. at the salary and benefits ~ the adoption date of this ust. ments that may apply on ~osition as Acting County give the BOARD sixty (60) OARD or unless otherwise PLOYEE's participation in ;ional development and in E can enhance the level of Therefore COUNTY will LOYEE necessary for full her with such additional y approved by the Board of iation the subsistence expense of tside of Collier County as ees that EMPLOYEE may attend the ICMA and FCCMA annual seminars, a~ d attend civil engineering continuing education training (presently 8 Profes.,ional Development Hours (PDH) every two years) to maintain the EMPLO' ~EE's current professional engineer license in Florida. All out of state travel not specifically provided for h ~'rein shall be pre-approved Reimbursement for out of county tr~.vei shall be as provided by Section 7. General Provisions: The BOARD shall fix any such other terms and cone may determine from time to time, relating to the pe~ provided such terms and conditions are not inconsist the provisions of this Agreement, or of any other appli. 3 itions of employment, as it ~ormance of EMPLOYEE, mt with or in conflict with :able law. Co do eo fo g° The text of this Agreement constitutes the entire Agre This Agreement shall be binding upon and inure beneficiaries and personal representatives of EMPLO This Agreement is a personal services contract and EMPLOYEE's obligations under this Agreement are If any provision, or any portion thereof, contained in unconstitutional, invalid, or unenforceable, the rem, portion thereof, shall be deemed severable, shall not in full force and effect.. EMPLOYEE specifically agrees that the BOARD County Ordinance No. 93-72, as amended, and EMP] ali rights that EMPLOYEE has or may have with procedures set forth in such Ordinance. The effective date of this Agreement shall be July 15, Agreed and accepted by the parties this day of June, 20£ ATTEST: Dwight E. Brock, CLERK By: DEPUTY CLERK WITNESSES~9 Approved as to form and legal sufficiency: Collier County Attorney .4 BOARD OF CO OF COLLIER C By: James N. C~ EMPLOYEE :ment between the parties. :o ~;he benefit of the heirs, fEE. neither this Agreement nor ~signable. this Agreement is held to be inder of the Agreement, or >e affected and shall remain ray amend or repeal Collier .OYEE specifically waives regard to the employment Z002. UNTY COMMISSIONERS DUNTY, FLORIDA fletta, CHAIRMAN [ 1 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of June 25, 2002 1981 Water Management CIP (Fund 325) Budget Amendment #02-361 Cocohatchee Canal Improvements Reserve for Capital Outlay Total: $21,110 (21,110) Explanation: Funds are needed to correct an existing drainage problem by modifying the proposed connection point to a new box culvert; stake and locate existing water and sewer lines and then determine the proper location for a new water line for the Wiggins Pass Outfali project. AGENDA ITEM~. No. JUN 2 5 2002 Pg._ / EXECUTIVE SUMMARY APPROVE THE ACCEPTANCE OF A $250,000 GRANT FROM THE US DEPARTMENT OF AGRICULTURE Objective: Board of County Commissioners' approval of the acceptance of a $250,000 grant from the US Department of Agriculture. Consideration: The Airport Authority is in the process of constructing its second Incubator Support Facility at the Immokalee Airport Industrial Park. The facility is a 10,000 square foot metal structure which will house a bonded warehouse, manufacturing assembly area, and powder coating area. The estimated cost of the project is $1,579,000. Funding for $1,329,000 had previously been secured with a CDBG grant for $690,000 and a Collier County contribution of $639,000. The remaining required funding has been identified and is to be secured with a $250,000 grant from the United States Department of Agriculture (USDA). Fiscal Impact: A budget amendment is required to recognize the USDA grant proceeds in the amount of $250,000 and to show the appropriation in Project No. 33010, Immokalee Manufacturing Incubator in the Airport Capital Fund (497). Source of funds is a federal grant. Growth Management Impact: There is no impact on growth management. Recommendation: Approve the acceptance of a $250,000 grant from the USDA for the construction of an Incubator Support Facility at Immokalee Airport Industrial Park and approve the necessary budget amendment. ~,.obert~. T~'us ~ H. Drur~ '"" / / Collier-'CCounty Airport Authority Chairman Reviewed by: Approved by: Date:~//~-)c~ Date:~--~./~¢.~/~ / "7 EXECUTIVE SUMMARY APPROVE MODIFICATIONS OF BUDGETS FOR CAPITAL IMPROVEMENT PROJECTS Objective: Board of County Commissioners' approval of modifications to budgets of previously approved capital projects. Consideration: After reviewing the Authority's current capital improvement requirements, it was determined that several of the project budgets needed to be amended to reflect new FAA funding that the Authority is pursuing and past votes of the Authority to cancel projects because state grant funds did not mature. The budgets affected were as follows: Irnmokalee Airport Design & DRI for Runway Ext.--- The scope was reduced, eliminating the DRI aspect of the project. Taxiway - Phases I & 11 --- The two phases were combined into one project. The Authority is pursuing FAA funding which requires a significantly lower local match. Rehab Runway 9/27 Lights --o The Authority is pursuing FAA funding which requires a lower local match. Everglades Airport T-Han~ar --- State funding did not materialize and the County match was transferred to the Cargo Processing Facility project. "~ea plane basis --- State funding did not materialize and the County match was transferred to the Cargo .'rocessing Facility project. The required budget modifications are as follows: Current Immokalee Airport Design RJW ext (33385) Taxiway - Ph I (33386) Taxiway - Ph II (33392) Rehab R/W lights (33387) Revised Difference Budget Match Budget Match Budget Match 250.000 12.500 60,000 12.000 (190,000) (500) 200,000 40,000 500,000 25,000 300,000 (15,000) 300,000 60.000 -0- -0- (300,000) (60,000) 175,000 35,000 175,000 12,500 -0- (22,500) Everglades Airport T-Hangar (33388) 225,000 -0- -0- -0- (225,000) -0- Sea plane basin (33389) 68,000 -0- -0- -0- (68,000) -0- Total (483,000) (98,000) Fiscal Impact: The approved capital budgets in Fund 496 will be reduced by a net amount of $483,000, and the local matches for the revised capital projects will be reduced by $98,000. This amount will be returned to the General Fund. Growth Management Impact: There is no impact on growth management. ~--,, Recommendation: Approve the modifications to the project budgets reducing them by a net amount of $483,000. Approve the reduction of the match requirement and authorize the return of $98,000 from Fund 496 to the General Fund. _Prepared by: Reviewed by: Approved by: Robert ~_-_-_-_~ John H. Drury k X~ Executive Director 'X~ Stephen Price Collier County Airport Authority Chairman Date: Date: Mo. i/,j ., JUN 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR'BOARD ACTION: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for May 26, 2002 through May 31, 2002. 2. Disbursemems for June 1, 2002 through June 7, 2002. B. Districts: 1. Cow Slough Control District_- Budget and Meeting Dates FY 2002-03. 2. Mediterra South Community Development District - Minutes of Meeting for February 27, 2002, Audit, Management Letter, Financial Stmnt and Budget. C. Minutes: 1. County Government Productivity Committee - Minutes for April 17, 2002, May 13,15,22 and 28th, 2002 2. Productivity Committee - Minutes for June 4 Budget Review Subcommittee and June 10 Organizational Structure Review Subcommittee Minutes. 3. Collier County Planning Commission - Agenda for June 20, 2002. H:Data/Format AGE ~A I~EM No. JUN 25 2 02 Pg' EXECUTIVE SUMMARY TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 2002-2003 AND TO OBTAIN APPROVAL FOR THE CHAIRMAN TO SIGN THE APPLICATION. OBJECTIVE: To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2002-2003 and to obtain approval for the Chairman to sign the application. CONSIDERATIONS: Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application requires the signatures of the Law Enforcement Official, Fire Official, Chief Fiscal Officer and Chairman of the Governing Body. This application must be submitted annually by June 30. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Proper submittal of the application will enable the County to continue to receive funds under the State Revenue Sharing Act. RECOMMENDATION: That the Board of County Commissioners approves the application and authorizes the Chairman to sign on behalf of the Coumy. ' / .~Y~ek m. J(~hnssen, CPA General Accounting Manager J~es L. Mitchell, CIA, CFE, CBA l~ector of Finance and Accounting Date: ~;/e/~z; Date: JUtl 2 5 ZOOZ Pg. / Application For Revenue ShaHng2002-2003 State Fiscal Year II (Chapter 218, Part II Florida Statutes) D~PART~NT OF REVENUE Application must be received by the Departme~ of Revenue prior to.June 30, 2002 Please TYPE or PFlINT all entries except those requiring a signature. Part One Name of ~ ~llier DIq-700218 R. 05/O2 Name of MunicipaJity Telephone Number ( Fax Telephone Number ( OR County 239 ) 774-8404 239 ) 774-6179 Mayor or Chairman of Governing Body ,3ames N. Col etta, Chief Fmc:al Officer Dwi ght E. Brock, Clerk of the Official MailingAddress 3301 East Tamiami Trail" Naol es. F1 orida 3411~ 3r., Chairman Circuit Court [----] Check here if the address represents a change from the previous application. FederaJ Employer i.D. Number (required for new pardcipants only). Part Two To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218.21 CZ), ES., for any fiscaJ year, a unit of local government is required to have fu;lled certain requirements set forth in s. 218.23, F.S., including certification requirements. Signatures by the appropriate officiaJ in the signature blocks, where applicable, shall consfitu~ fulfillment of the certification requirements set forth in s. 218.23, F.S. Consistent with the requirements of s. 218.23, ES., has the applicant: QuiItion I and 2 pertain to financial audit requirtmento. If; financial audit wis required, report o. the moit rict.lly CO.lplel~l ;edit peried. FiscII ~ ending 08/3o/tm will be sufficient for this 1. Reported its finances for its most recentty compli ~ year to the Depa~i-,ent of Banking and Finance, pumuant to s. 218.32, RS.? 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? Yes F-~ No J :,J 2 2C;2 D1:1-700218 R. 05/02 Levied, as shown on its most recent financiaJ report, pursuant to s. 218.32,' F.S., ad vaJorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the vote[s, to produce the revenue equivalent to a millage rate of three (3) mills on ~e dollar based on the 1973' taxable vd[ms as certified by the property appraiser, pursuant to s. 193.122(2), F.S., OR In order to praduce revenue equivalent to that which would oth~ be produced by such a three (3) mai ad (A) to have received a remittance from the county pursuant to s. 125.01 (6)(a),F.S.; (C) collected a ut~y tax; (D) levied an ad valorem tax; (E) received revenue fl'om any combination of these four sources? Yes r--] No (A) Law enforcement officers, as defined in s. 943.10(1), F.S., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission? Yes ~ No (B) The salary structure and salary plans for law enforcement officers meet fire provisions of Chapt~ 943, ES.? ~'J Yes r-"-J No (c) All law enforcement officem, as defined in s. g43.10(1), F.S., are compensated at an annual salary rate of six thousand cloEam ($6,000) or mom? [If the answer to (C) above is (NO), please sl~e in an addendum to this applica~n any reason you may have for waiver of such requirement (one of which must be that you are levying ten (10) mils of ad valorem taxes).] [If you have no police department, etc., please check the block to the left side.] 2002' o DR-700218 R. 05/02 Page 3 Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualifica~on for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the provisions of s. 633.~ F.S. are met?. Yes · l"--] No Add~ly, please answer the following: (A) Does the addressed unit of government employ any full-time firefightem which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire depmtmem duties, provided that degree is not required for their current position? ~ No Does Not Apply [If you have no fire department or if you have a strictly volunteer fire department, etc., please check the box to the eft s eJ o Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 218.39(1), F.S.? (,,~..__~,.._ Yes ~ No S' : · ate:_ Certified to the Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met?. (The ceftilk=ation shall be made annually within 30 days of adoption of an ordinance or resolul~ establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be dislributed to a unit of iocal government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of n(mcompliance by the deparUnent.) ~~~X Director of Management and Budget DR-700218 Part Three I hereby cefl~y tha~ all of the foregoing information is accurate and true to the best of my .kn~. I further certir~l~a~ I wtl pi~ report to l~e Department Of Revenue any c~anges in the above info~natio~. I also realize tha~ failure to including DISQUALIFICATION, EITHER PARTIAL. OR ENTIRE, and shall furlher, by such action, waive any right t~ challenge the detem~inatk)n of the Department to ils share of funds, if any, beyond its minimum enl]tlement, pursuar~ to the privilege of receiving shared revenues from the Revenue Shining TruSt Funds. Do y~u believe tha~ you have complied wiltt ALL eligibility requirements as set forth above? If t~e answer to the above question is (NO), please provide as an attachment to ~is form the amount of revenue necessary to meet your obligat~3ns as a result of pledges or assignments or t~usts entered ~ w~ich obligated funds Signed: Date: Signed: Date: Mail completed original application to addre~ shown below. DEPARTMENT OF REVENUE REVENUE ACCOUNTING SUBPROCESS PO BOX 66O9 TALLAHASSEE FL 32399-6609 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from May 18, 2002 through June 8, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously bccn approved by thc Board of County Commissioners that were opened for the period May 18, 2002 through June 8, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GR 0 WTH MANA GE MEN T IMPA C T: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. - (alines L. Mitchell, CIA, CPE, CBA l~rector of Finance and Accounting Reviewed and 't/'/_.~-- Approved By: General Accounting Manager Date: Date: AGENDA ITEM No. JUN 2 5 200 . Pg._ EXECUTIVE SUMMARY NEW PRECINCT LINES TO REFLECT THE 2002 REAPPORTIONMENT LINES OBJECTIVE: To create new precinct lines to reflect the 2002 reapportionment lines within the county with respect to the "new" Congressional, State Legislative, Community Development District, County Commission and County School Board boundaries. Population growth created a need for necessary adjustments including creating new precincts and combining old precincts to create an efficient precinct size. CONSIDERATIONS: Pursuant to the requirements of F.S. 101.001 (1), the Supervisor of Elections is recommending changes in the physical precinct boundaries to accomplish the above stated objective. The specific changes are outlined in the accompanying conversion list and maps. Legal descriptions of the new boundaries will be available at the office of the Supervisor of Elections. The Supervisor of Elections proposal minimizes the number of district splits within precincts and conforms precincts to census tract boundaries. Small precincts have been combined for more efficient use of resources such as poll workers and voting machines on election day. Large precincts have been divided to promote ease of voting and better management on election day. Collier County's minority populations were given proper attention in the formulation of the proposal. Care was given to avoid splitting minority communities or other communities of interest except where district lines necessitated a split. New voter identification cards will be issued to all Collier County voters. These cards will inform voters of their districts and polling places. In addition, an intemet-based precinct locator will be available to the public on the Supervisor of Elections website, www.colliergov.net/elections. The Supervisor of Elections will again be sending sample ballots to all voter households before the election. These sample ballots will inform the voters of the choices available to them. The Supervisor of Elections will record the legal descriptions of the precincts with the Clerk of Courts and submit the changes to the United States Deparunent of Justice for preclearance. FISCAL IMPACT: There is no fiscal impact. AGENDA I T F.,,M JUN 2 5 2002 Pg._ / GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board authorize the Chairman to sign the approprifite resolution adopting the new precinct boundaries and appropriate precinct numbers. SUBMITYED BY: Super~sor of Elections Date: ~ '-/~.T- (9c,~ AGENr3A IT,EM JUN 2 5 2002 pg. '2... ~g AGENDA I,T.,i JUN 2 5 2 AGENDA ITEI~, NO., I Ci~.. I~..] JUN 2 5 2002 Rd j~ JUN pg.__. AGENDA IT,F..,M. , ~o. JUN 2 5 ?.002 Pg' ~' - -4 AGFNI')A I~ No.__~ J U H 2 5 EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH G-4 PARTNERSHIP, JULIET C. SPROUL TESTAMENTARY TRUST AND BARRON COLLIER, m, ("DEVELOPER") FOR THE CONTRIBUTION OF LAND TO COLLIER COUNTY FOR THE GOODLETTE FRANK ROAD RIGHT-OF-WAY OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Developer for the contribution of land for right-of-way, drainage, slope and utility purposes, necessitated by the improvement of Goodlette-Frank Road in exchange for road impact fee credits. CONSIDERATION,: Ordinance No. 92-22, as amended, Section 3.06 provides for the establishmem of a "development contribution credit" against road impact fees imposed under Section 2.10, in return for certain donations of required lands. Under the provisions of the above referenced Ordinance, when the Transportation Division Administrator approves the dedication of said land as being necessary for the construction of Collier County "transportation network" improvements, the Administrator may ask the Board of County Commissioners to approve a Developer Comribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. As one of the capital improvement projects required under the Transportation Elemem of the County's Growth Management Plan, the Collier County Transportation Division has planned for the construction of four-lane and six-lane improvements to Goodlette Frank Road between Pine Ridge Road and Vanderbilt Beach Road. The engineering design plans of Goodlette Frank Road, Project #60134, require the conveyance of road right-of-way, drainage, slope and utility easements of varied dimensions not exceeding a total width of filly (50) feet along the western property boundary of the parent tract, hereinaller referred to as the "Contribution." Pursuant to the Pine Ridge Commons PUD Ordinance No. 99-94, the Developer agreed to contribute to Collier County a maximum of 50 feet in width along the western property boundary to accommodate the proposed four-laning improvements for that section of Goodlette Frank Road. Developer owns the land described as the Contribution and will insure that the property interests idemified as the Contribution are conveyed to the County in easement in fulfillment of its obligation under the PUD Ordinance. (The Developer is not required to convey a fee simple interest as this land is already encumbered with an FPL easement.) In addition, the Developer shall dedicate the land required for two mm lanes from Goodlette Frank Road, which dedication is site related and shall not be eligible for impact fee credit. County Road Impact Fee Ordinance No. 92-22, as amended, requires the value of the Contribution be based upon an appraisal of market value of the Contribution prior to the date of the rezoning. Collier County has caused the market value of the Contribution to be appraised as of December, 1999. Both parties acknowledge and accept that the value of the Contribution is Four Hundred Thirty Eight Thousand One Hundred and 00/100 Dollars ($438,100.00), as derived fi.om an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction. JUN 2 5 ZOOZ ;., ! FISCAL IMPACT: The Developer Contribution Agreement shall establish a Road Impact Fee Credit in the amount of $438,100.00 in Road Impact Fee District One that will be returned to the Couniy by the Developer. Fund: #331 Cost Center: #163650 (Road Impact Fee District One). Said expenditure is not anticipated to adversely affect the cash flow or liquidity of the funds in the Road Impact Fee District. The County will pay all costs associated with the recordation of conveyance documents and any release instruments, which cost will not exceed $200. GROWTH MANAGEMENT: Consistent with CIE No. 65 of the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the Developer Contribution Agreement and authorize the Chairman to execute the Developer Contribution Agreement, on behalf of the Board of County Commissioners; and Authorize the acceptance and recordation of any necessary conveyance and release documents upon approval by the Office of the County Attorney; and Agreement. / PREPARED BY: ~ "E~en T.-Chadwell, AssiStant County Attorney Office of County Attorney Authorize Staff to take all steps necessary to comply with the terms of the Developer Contribution DATE: APPROVED BY: A1 Ruth, P.E., Proj. Mgr. Engineering and Construction Management Department APPROVED By: %~a.~(~a~ Dale Bathon, P.E., Sr. Proj. Mgr. APPROVED BY: Norma~{ Feder, AICP, Administrator Transportation Division DATE: DATE: Co-1%-o2~ DATE: ~5, F_NDA ITEM No. /~ ~ 2 5 002 COLLIER COUNTY DEVI~J~OPER CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS FOR Ct-4 PARTNERSHIP - GOODLETTE-~ ROAD THIS CONTRIBUTION AGREEMENT is made and entered into this i~let of , 2002, by and between GM PARTNERSHIP, A Florida general partnership, duly organized and authorized to conduct business in the State of Florida, KATHF~RINE G. SPROUL, JULIET A. SPROUL, AND ,JENNIFER S. SULLIVAN, as Trustees under that certain Trust created for the benefit of Juliet C. Sproul, under Article SIXTH C of the will of Barron Collier, Jr., and BARRON COLLIER HI, hereinafter referred to herein as "Developer," whose address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, by and through G-4 Partnership, which has been duly authorized to execute this Contribution Agreement for Road Impact Fee Credits on behalf of the afore-described property owners and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County.' RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for land donations to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge the value of the donated land is based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, a copy of said appraisal being attached hereto as Exhibit "B,' and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator has determined that the proposed road impact fee credit plan as set forth herein is consistent with the public interest and will recommend to the Board of County Commissioners that the proposed plan for donation and/or contribution as set forth in this agreement, is in conformity with contemplated improvements and additions to the County's transportation network; and , I AGENDA IT,2'. i"¢} ( ' 2332 i' :' '-.'" :- WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject proposed plan is in conformity with the contemplated improveaients and additions to the County's transportation system; b. Such proposed plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The proposed plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commi.~sioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, the PUD Ordinance (99-94) provides that: (A) Developer agrees to dedicate, or cause to be dedicated and deeded, to County road right of way along the western boundary of the Development to accommodate the Goodlette Frank Road four-laning improvements. (B) The timing of the dedication shall be at final subdivision plat approval, site development plan approval of Phase 1 of the development or within 120 days of a request by the County, or at the initiative of the Developer, whichever is earlier. (C) Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22, as amended. (D) The value of the dedicated property shall be determined pursuant to Ordinance 92-22, as amended, and the Collier County Land Development Code (the "LDC"). (E) The Developer shall provide appropriate turn lanes at the project entrances as required at the time of SDP approval, which improvements are considered site related and not eligible for impact fee credits. WHEREAS, Developer agrees to convey to county certain land and non-exclusive easements in accordance with the PUD Ordinance, hereinafter referred to as the "Donated Land," for road right- of-way, as more particularly described as Parcels ll0AI, l10A2, ll0B1, 510Al, 510B1, 510B2 and 510B3 in Exhibit "C," attached hereto; and WHEREAS, the conveyance of the Donated Land as described herein will fulfill the Developer's obligation under Section 2.15(B) of the PUD .to reserve a maximum of 50 feet in width along its western property line; AGENDA ITEid WHEREAS, the Developer acknowledges and agrees that it has full power and authority to convey the "Donated Lands" to the County; and WHEREAS, the Developer will provide appropriate turn lanes at the project entrances as required by the PUD Ordinance and will donate the land for these turn lanes as part of the Goodlette-Frank Road right- of-way, which turn lanes are identified as Parcels 110B2 and 110B3 (hereinafter "Turn Lanes") and more particularly described ia Exhibit ~D," attached hereto; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged among the parties, and in consideration of the mutual covenants contained herein, the parties agree as follows: The above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for the Contribution Agreemem. In exchange for the land identified and contemplated ia this Contribution Agreement as set forth in Exhibit "C," Developer shall solely be entitled to a credit for road impact fees as more particularly described herein. The amount of road impact fee credits to be granted the Developer for the Donated Lands is $438,100, which amount is based on the fair market value of the Donated Lands as of December, 1999. The County shall construct the Turn Lanes as part of the four-lane improvements to Goodlette-Frank Road, and in accordance with construction plan.~ prepared by Johnson Engineering. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws and State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties 'compliance with the terms of the Contribution Agreement. Except modified or amended by the mutual writteI~~~.:~~,~ ' successors ia interest. 3 ,7 ,., 2002 as otherwise provided herein, this Contribution Agreement shall only be hereto or by their The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the p~n'ties to this Contribution Agreement. o This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. Any party to this Contribution Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of this Contribution Agreement. 10. The parties hereto agree and acknowledge that time is of the essence in the conveyance of the Donated Lands and Turn Lanes due to the County's project letting and construction schedule. In the event the Developer fails to convey title to the Donated Lands and Turn Lanes within the time frames set forth herein, the County shall be entitled to petition for and obtain a mandatory injunction requiring conveyance of title to the Donated Lanes and Turn Lanes to the County. Developer expressly waives any objection to the County's filing of a petition or action for injunctive relief on an emergency basis. 11. Developer certifies, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 12. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of the donated lands. An attorney's opinion of title has been provided by Developer which identifies all lienholders having a lien or encumbrance on the Donated Lands and includes each recorded instrument evidencing the record owner's title and each lien or encumbrance, and is attached as Exhibit "E.' 13. Developer shall convey, by instrument acceptable to the County, the Donated Lands and Turn Lanes free and clear of all liens and encumbrances, except those items included as exceptions in Endorsement No. 1 to Title Commitment No. C-0536314 issued by Attorney's Title Insurance Fund, Inc., on March 25, 2002, and listed on Exhibit B to the attorney's opinion of title attached hereto as Exhibit "E," within thirty (30) days of the execution of this agreement by Chairman of the Board of County Commissioners. Upon receipt of all documents necessary to convey title from the Developer, the County shall record the conveyance instnunents and shall assume the costs associated with the recording. 14. The parties acknowledge that the land donation made pursuant to this Contribution Agreement is an integral part of and a neees[ar~, ,a~f~tati~n to the Collier County transportation network. !~ ~'-~J~i~ 2 5 ..... ~2~-- 4 15. 16. 17. 18. 19. 20. 21. Developer has provided, in Exhibit "E", an attorney's opinion setting forth the legal authority and present validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. The parties acknowledge that the donation ancUor contribution are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way, as defined by the Florida Transportation Code. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. The impact fee credits provided in this Agreement for Developer's land dedication shall be a credit only against Road Impact Fees and that such impact fee credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. The road impact fee credits identified in this contribution agreement shall run with "the Development" and shall be reduced by the entire amount of the road impact fees due for each building permit issued thereon until the development project is either completed or the credits are exhausted or no longer available. Any amendment to any County ordinance which materially alters any provision of this Agreement relating to the Developer's use of the impact fee credits as provided for in this Agreement shall be deemed to have amended such provision of this Agreement so as to comport with the ordinance as amended, and no written consent of the parties hereto shall be required. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AGENDA p~. "~ AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman Date: E11mt T. ~11 6 AS TO DEVELOPER: Witness: G-4 PARTNERSHIP, a Florida general partnership By: ~~ Frances G. Viller~, as a Partner GAlL W. ANDERSON nt Name: Wimess: TRISHA A. AKERS Print Name: STATE OF COUNTY OF C0L ~ The foregoing instrument was sworn to, subscribed, and acknowledged before me this ~ ,~T/'day of %~?. t_ ,2002, by FRANCES G. VILLERE, as a Partner of G-4 Partnership, a Florida general partnership, w~ho is per~.onally known to me or who has produced as identification. Notary Public Print Name: ,~ Sn/O' My Commission Expires: 7 WITNESSES: Witness: GAlL W. ANDERSON Witness: TRISHA A. AKERS Print Name: c, aa a Partner STATE OF COUNTY OF The foregoing instrument was sworn to, subscribed, and acknowledged before me this !,~r~day of ~ L.~ ,2002, by DONNA G. KELLER, as a Partner of G4 Partnership, a Florida general partnership, who is personally known to me or who has produced as identification. Notary Public Print Name: ~2).~K/]'./D/}7"C/~'O My Commission Expires: [0 - 15"0 ~ WITNF~SES: Witness: GNL W. ANDERSON Print Name: Witness: TRISHA A. AKEF~ Print Name: By: "-~yllis- G~Maen, ~s a Parmer~ STATE OF COUNTY The foregoing insmmaent was sworn to, subscribed, and acknowledged before me this day ofi,~A.~,~- _, 2002, by PHYLLIS G. ALDEN, as a Parmer of G-4 Parmership, a Florida general~armership, _who is perso.nally known to me. or who has produced as identification. Notary Public Print Name: ~/$Adk] k, My Commission Expires: lO- WITNESSES: Witness: GAlL W. ANDERSON Print Name: Witness: Print Name: By: Lamar Gable, as a Partner STATE OF COUNTY OF / The foregoing instrument was sworn to, subscribed, and acknowledged before me this ~-May of ~ ,2002, by LAMAR GABLE, as a Partner of G-4 Partnership, a Florida general partnership, who is personally known to me or who has produced as identification. Notary Public Print Name: -.~ My Commission Expires: /0- / ~-0~ Wimess GAlL W. ANDERSON N,.~/t Name Wimess TRISHA A. Al<ERS Print Name By: KATHERINE G. SPROUL, JULIET A. SPROUL, and JENNIFER S. SULLIVAN, as Trustees for JULIET C. SPROUL under the Will of Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida as a General Partner. STATE OF COUNTY OF (.~/../. ~ E~-- The foregoing instrument was acknowledged before me this l~_a~4~ day of ~ , 2002, by KATHERINE G. SPROUL, AS TRUSTEE, for JULIET C. SPROUL under the Will of Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a General Partner, on behalf of said Florida Parmership, ~who is personally known to me or who has produced as identification. My 11 WITNESSES: Wimess GAlL W. ANDERSON Witness TFiISHA A. AKERS Print Name STATE OF COUNTY OF CO~,~ ~.- The foregoing instrument was acknowledged before me this j~ day of X,../,LAa,-a-~ , 2002, by JULIET A. SPROUL, AS TRUSTEE, for JULIET C. SPROUL under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and fried March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a General Partner, on behalf of said Florida Parmership, who is personally known to me or who has produced as identification. Notary Public My Commission Expires: WITNESSES: Witness GAlL W. ANDERSON Print Name Witness TRISHA A. AKERS Print Name Je~er S. ~/~l~ivan, ~s TruStee --- COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ._~ ~,,vx~_,,, 2002, by JENNIFER S. SULLIVAN, AS TRUSTEE, for JULIET C. SPROUL under the Will of Ban'on Collier, Jr., deceased, and as confirmed by Change of Trustees dated January 1, 2002, and filed March 5, 2002, in, Official Records Book 2992, Page 2016 of the Public Records of Collier County, Florida, as a General Partner, on behalf of said Florida Partnership, who~ is personally known to me or who has produced as identification. - Notary Public My Commission Expires: 13 WITNESSES: Witness: GAJL W. ANDERSON l~t Name: Witness: TRISHA A. AKERS Print Name: Barton Collier, III, Individually STATE OF COUNTY OF ~ L.I..//:--~ \ The foregoing instrument was sworn to, subscribed, and acknowledged before me this _~ay of ~-~---' ,2002, by BARRON COLLIER, 111; Individually, _who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires lO- t5-0~ Appr.qved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 14 I Po ] NUMBER LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit ~A" - - Description of Lands owned by Developer Exhibit "B" - - A copy of the written Appraisals of Donated Lands Exhibit "C" - - A legal description and sketch of Donated 'Lands Exhibit "D" - - A legal description of the Turn Lanes (site-related improvements) Exhibit "E" - - An Attorney's Opinion of Title and Affidavit \ellen\roadprojects\G4 Ptrsp DCA 15 Wils Miller Range 25 east, Collier County, Fha'ida (P-a l "A") AH dm pan ofg~=~ 10, To;,~,.r, hip 49 South, Rang= 25 East, Collier Coumy Florida,. bein~ mom pa&~:tdady desc;l'b°d as follows: COMMENCING M tM sontbedy I/4 comer of Section 10, Town~ 49 SouItL Ran~ 25 East, Co#let thence along the nmtb-somh .I/4 section line ofsaid Setlion I0, NoslhOlOlt,3~ West 69.79 feel lo · Imim on the northerly boundary of Pine Ridge Road (S.R. 196) and dss POINT OF BEGINNING oldie parcel herr. in tlwnc~ al°n~ said boundary, S(nath 19~07'52~ West 9_17 f~e( iD a pMM M. ~n~stur~ on IM ~lsisdy right of way ofF. rank Bouleva~L I00 font &'ilhl-of-way as recorded in Plat Book 13, ~ 51 of the Public Recoeds.of Collier County, Florida: thence along said ~ of way 454.08 feet a~ the afc °fa circadar cra'ye concave the east, hnvin~ · radius of 5679.65 feet, through a central angle of 04°34'51" and bein~ ~Xended by a chord which bca~ North 04'41'48' East 453.96 feet; thence cominuing along said right-of-way Nos~ 0"/'06'!3" East ! 102.02 feet; thence aion~ said b(mndmy South 00'46-24- East 1324.29 feet to a poim on the .bpmsdm7 ortho pan:d described in O.R. Book IO37, ps~es 1602-160~; ' thence along the northerly boundary of Pine Ridge Road, North ~g~:)5'25" West 7'79.46 feet to a point on the north/south I/4 section line of Section 10 and the POINT OF BEGINNING oldie Parr. d camalm 30.65 acres mom or less. Subject to easemana, .ad mewatinm ofm:md. Cerdth:am ~~ ! n-N3. Not Valid usdess ~ whl~ the ~,s sslM. Ref'. 2G-.496 W.O.: 00011-OON-SRV-GO000 Date: AIxii .I 7, APPRAISAL OF vAcANT coMiVlER~ PROPERTY LOCATED ON THE EAST SIDE OF GOODI.F. TTE-FRANK ROAD NAPLES, COLLIEK COUNTY, FLOKIDA PKEPAR~O FOR: COl'.l.lk-':R COUNTY REAL PROPEKTY MANA~ DEPAR~ 3301 E. TAMIAMI TKAIL NAPLES, FLORIDA 34112 ATTN: M~ HARRY HRNDEKSON, SRA REQUESTED BY: MI~ HAlt.KY HEN'DEKSON, SK~ DATES OF APPKAISAL: DECEMBER 13, 1999 ~ud APRIL 20, 2002 PROJECT NUMBER: 2001-1-110UD PREPAIllk'~ BY: KENNETH P.. DEVOS, MAI, SPA 5309 CORPORATE COURT, surrE 205 KENNETH IL DEVOS, MAI, SRA STATE CER~ CflKNERAL APPRAI.~z;R 0000703 6309 CORPORATE COURT, surIE 208 FORT MYERS, FLORIDA 33919 (941) 437-2245 PAt~m~ (9~1) ~894481 FAX (941) 437-225 F. amfil: k~ml d~ilitm, et~a April 23, 2002 Mr. Harry Henderson, SRA Collier County Real Property Management Department 330l E. T~m/~mi Trail Naples, Florida 34112 Appraisal ofrrfiproved R~sidential Property, Parcels 110 et al Goodlette-Fnmk Road at Pine Ridge Collier County, Florida Dear Mr. Hemderson: In accordance with your request, I have made an updated appraisal of the land more speeifi~ descn'bed in the body ofthls report for the purpo_ se of estimating the market value of the fee ~mp, le and easement interests in the land listed w~h/n the report. By Market Value is meant the most probable price in terrn~ of money that a propea~ should bring in a competitive and ope~ market under all conditions requisite to a fair market sale; the buyex and seller, each acting pmde~ly, knowledgeably and assuming the price is not afF-~ by undue stimulus. The function ofthi.q report is to serve ~s the basis for ~:quiring fight ofw~y for the Goodlette-Frank Road widening. This is a complete appraisal report. The dates of the value estim~, are ~ 13, 1999 and Atm-I 20, 2002, which was the most recent date I have thoroughly analyzed the physical, sodologiml, economic, and govermnenlal factors which influe~c~ the propa~'s v~e. Based on my inv 'esUStffion ~nd ~ it is my opinion tl~ the market value of the fee ~imple ~ easemem interests of the property to be ~ plus damages to LETTER OF TRANSMITTAL PAGE TWO · Inform~n and stat~ ~shed to the apprais~ and comah~ in this report w~re obtained from sources ~onsidered to be reliable and beliewd to be tree and corm~ However, no responsibility for the acoaracy of such items fiamished the appraiser can be assumed by the appraiser. Disclosure of the contems of this report is 8ovenmt by the By-Laws and Resulafioos of the professional appraisal organizafiom with which the appraiser is aih'llated. Neither all nor any pan of the contents of this report or copies thereof shall be used for any purpose by anyone but the client To the best of my ability, the analysis, ophaiom ~nd conclusions were' developed and the report is inteaded to comply with the standards and report writing requirements of the Appraisal In~qtitute and USPAP. This ~pmsal is also subject to the un~g assumptions and com/nSem conditions I appreciate this opporumity to have been of service to you. If you have any questions with regard to fi-ds matter, please let me know. Kenne~ R. Devos, MAI, SRA State-Certified General Appraiser 0000703 GARRON COLL:ER CO ] 10. 11. 12. LAND ARF_.A 0.1~5 ~ & 9. 10. 11. 12. Dc~rtm~ md I will not do w u~il ~o mtbm~i bY Cdli~ Com~~ ~ u~l I ~'' n~uir~d by d~ ~ ~w' ~ ~ I ~ LAND ARF..A 0.01 m~rm' CODE (1~4) UVB~ L R-.Rnnl 3. H-('Hmn~) Rmidm~ 4. P-PalJial ~I~qC. ATE OF VALUE ~ 110~/ 9. 10. Il. I999, k Two ~ N~y ~ Tw~, ~l-,md, ed Do,llm'~ IMPRO~: $ ~- NET DAMACd~ &fOR COST TOCURE $ { { t3AR,~ON COLLiEfl CO. I FI~ NU;~IBE~ 9. 10. 11. 12. Det~msin~nt mind I ~ll nm~ do mo ,~t,'l so antlmmiz~d by ColI~ Com~ (g~ials er mslil I am nsqni~d bY ~ ~ ~ hw, ~ ~ I m LA.ND · $15,100 IMPRO~: $ NET D~ &/OR CO~lr TO CURE $ -0- TOTAL' $15,100 COLLIER C~ C'W~£ut~CA$'~ Olr VA~U~ t0, 11. IMPROVIiMENI~: $ NL:'r DAMAG~ &./OR C06T TO CtmE $ -0- TOTAL %2.5,9O0 LAND~ 0.108 ~r~ ali N~MBER., 9. 10. 11. IMPROVEMENT~: $ -~- NET DAMAGES CO~rTOCURE $ -0- , TOTAL $3,900 LAND A~F,A 0.016 CODE 0234) UII3P . PROPERTY ~ CODES 1. R-Rnral 3. H-(H,--~) v-vm · s..sp~ ~ 4. P-Pmiml 10. 11. LAND IMI~O~: $ HEr D~ &/OR COST.CURE TOT~ ~1,~ LAND AREA 0.133 nam CODE (1234) UVBI" 1. R-Rm-~I 3. H4'I'I,~,,) CERTIFICATE OF APPRAISAL I' no ---'-~ or ~int~est in the subject °f this rep°rt ~ I ~ ~ rove ~ . · - .... Ired. ~ is not comin8em oa an ~ction or evem mmlfin~ from the ~flY~s, bpi.ions, or condu,4on~ i~, or the ~ of; this report. my analyses, opinions, and ~ were developed, and this report i~ be~n prepared, in conformity with the requiremems of the Code ofProfes,4onal F_,thim and the Standards of Profess/onal Practice of the Appraisal Institute. the use of this report is subject to the requir .e~ents of The Appnd,~ ~ relating to review by its auly ~uthori2~ representauve~. As of the date of thi.~ study, I, ~ R. Devos, MAI, SRA, have completed the require~nents of the continuing education program of the Appraisal Institute. I, Kenneth R. Devos, MAI, Sg, A, have made a personal inspection of the properties which are the subjects of this study. 0000703 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SEPARATION AGREEMENT, ENTITLED "SETTLEMENT AGREEMENT AND MUTUAL RELEASE", BETWEEN EMPLOYEE CHARMAINE STEINER AND THE COUNTY. OBJECTIVE: For the Board to approve a separation agreement, entitled "Settlement Agreement and Mutual Release", between employee Charmaine Steiner and the County. CONSIDERATIONS: Charmaine Steiner, the current Supervisor of Employee Operations in Human Resources, has proposed to resign upon certain terms and conditions. Those terms and conditions are outlined in paragraphs 2 and 3 of the attached separation agreement. FISCAL IMPACT: There is no direct fiscal impact to the County as the result of this separation agreement. Indirectly, by allowing Ms. Steiner to resign on July 16, 2002, the County is releasing any right it may have to reclaim approximately $4,166.00 in relocation expenses that were advanced to Ms. Steiner at the time she became a County employee. It should be noted that under County policies and procedures, an employee who is advanced relocation expenses is ordinarily required to remain with the County for two (2) years before the County will release its claim on recovering the relocation expenses. In this case, Ms. Steiner's proposed termination date is July 16, 2002 and her two (2) year anniversary date is on or about August 30, 2002. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached separation agreement, entitled "Settlement Agreement and Mutual Release", and authorize the Chairman to execute the agreement. Michael W. Pettit, Assistant County Attorney REVIEWED BY: d~'eff"~'Valker, Employee Services Director David C. Weigel,'Cou~Frt~ Attorney DATE: DATE: AGENDA ITEM_ NO. ~ J Ut'l 2 5 2OO2 Pg. ~ SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on this day of June, 2002 by and between Collier County (the "County") and Charmaine Steiner ("Ms. Steiner") with respect to any and all claims, contentions or controversies between the County and Ms. Steiner that have been asserted or could ever be asserted that relate or refer in any way to, or arise from, whether directly or indirectly and whether known or unknown, Ms. Steiner's application for employment with the County, Ms. Steiner's employment with the County or the cessation of Ms. Steiner's employment with the County. WITNESSETH WHEREAS Ms. Steiner wishes to resign her employment with the County prior to completing two (2) years of employment without repaying relocation expenses as is generally provided in CMA Instruction 5346 of the County's Practices and Procedures Manual: WHEREAS Ms. Steiner has alleged various claims or made various contentions regarding her employment with the County, with the most recent such claims or contentions being alleged in a commitment to fair treatment request filed by Ms. Steiner pursuant to CMA Instruction 5350 of the County's Practices and Procedures Manual; WHEREAS Ms. Steiner and the County, without admitting any liability or fault by either of them, recognize the cost and uncertainties of continuing to dispute any claims either may have against the other and now desire to fully and finally resolve any and all claims or controversies, whether known or unknown, that were asserted or that could have been asserted by either the County against Ms. Steiner or by Ms. Steiner against the County or any entities or natural AGENDA FI;EM. NO, JUN 2 5 2002 1 Pg._ persons that have ever been associated with the County, that relate or refer in any way to, or arise from, whether directly or indirectly and whether known or unknown, Ms. Steiner's application- for employment with the County, Ms. Steiner's employment with the County or the cessation of Ms. Steiner's employment with the County; WHEREAS Ms. Steiner and the County desire to reduce their compromise of all such claims or controversies to a writing so that it may be binding upon Ms. Steiner and the County and their respective predecessors, successors, heirs, assigns, spouses, or ex-spouses, employees, former employees, elected officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties and affiliates; NOW, THEREFORE in consideration of the mutual covenants and promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged by both Ms. Steiner and the County, and with the intent to be legally bound, Ms. Steiner and the County mutually agree to the following: 1. Ms. Steiner and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees Ms. Steiner may resign her County employment effective July 16, 2002 and the County will not pursue recovery of any relocation expenses previously provided to Ms. Steiner, even though Ms. Steiner's two year employment commitment under CMA Instruction 5346 does not end until on or about August 30, 2002. In addition, the County will handle all documentation relating in any way to Ms. Steiner's request for commitment to fair treatment in accordance with the provisions of CMA Instruction 5350. Thus, among other things, Ms. Steiner's not fully executed evaluation will be placed in the commitment to fair treatment file. Future requests for references on Ms. Steiner shall be directed to the Assistant A(IENDA ITEM JUN 2 5 2002 County Manager. The County also agrees that Ms. Steiner's hours during the period between the date of this Agreement and Release and her resignation date shall be limited to 8:00 a.m. to 5:00- p.m. Further, Ms. Steiner may take vacation from July 3 - July 16, 2002, provided that to the extent she does not have sufficient vacation time, any days not worked will be deemed taken as leave without pay. 3. In consideration of the County's agreements as set forth in paragraph 2 above, Ms. Steiner agrees that she shall release and forever discharge any and all claims she may have or alleges she may have that relate or refer in any way to, or arise from, whether directly or indirectly and whether known or unknown, her application for employment with the County, her employment with the County or cessation of her employment with the County and that this release and discharge of claims shall extend to all natural persons or any entity ever associated in any way with the County. 4. Ms. Steiner represents and warrants to the County that she has not filed any charge, lawsuit, claim, complaint or any other action against the County or any entity or natural person that is or has been employed by, associated with, controlled by or under common control with/of the County, other than her commitment to fair treatment request or her initial internal complaint, both of which are discharged and released in this Agreement and Release. 5. Except for any claim to enforce the terms and conditions of this Agreement and Release, Ms. Steiner, on behalf of herself and any and all of her heirs, executors, administrators, legal representatives, spouse or ex-spouses and assigns, shall and hereby does fully, finally and unconditionally release, acquit and forever discharge the County and its respective elected officials, former elected officials, officers, employees, former employees, attorneys, agents. representatives, predecessors, successors, insurers, sureties heirs, assigns and affiliates from any 3 2 5 2OO2 and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, attorney's- fees, costs, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown that Ms. Steiner has ever asserted or alluded to or that Ms. Steiner could ever assert against the County or its respective elected officials, former elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties, heirs, assigns and affiliates, whether known or unknown, relating or referring in any way whatsoever to or arising directly or indirectly from her application for employment with the County, her employment with the County, or the cessation of her employment with the County including, without limitation, any claims, contentions or matters in any way connected to or asserted in her commitment to fair treatment request. (a) Ms. Steiner acknowledges and agrees that at no time has she claimed nor does she believe that the County has ever discriminated against her in any way based upon age. Nevertheless, for purposes of compliance with the Age Discrimination in Employment Act ("ADEA"), Ms. Steiner expressly agrees that the release and discharge of claims in this Agreement and Release includes without limitation claims under the ADEA; that she is not waiving claims that may arise under the ADEA after the effective date of this Agreement and Release; that she is hereby advised in writing to consult with an attorney prior to executing this Agreement and Release; that she may have up to twenty-one (21) days within which to consider this Agreement and Release for purposes of waivingor releasing any ADEA claim; and that she will have seven (7) days following the execution of this Agreement and Release to revoke any waiver or release of any ADEA claim. 4 AGENDA ITEM NO. ~ JUN 2 5 2002 Pg. ~ 6. Except for any claim to enforce the terms and conditions of this Agreement and Release, the County shall and hereby does fully and finally release, acquit and forever discharge- Ms. Steiner, her attorneys, agents, successors, insurers, sureties, predecessors, heirs, spouse or ex-spouses, and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, attorney's fees, costs, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had, now has, or may have against Ms. Steiner arising directly or indirectly out of or relating in any way to Ms. Steiner's application for employment with the County, her employment with the County or her cessation of employment with the County. 7. Ms. Steiner represents and warrants to the County that she is authorized to enter into and that she has the authority to perform the terms of this Agreement and Release and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims she has released and discharged in this Agreement and Release. 8. This Agreement and Release is the result of a compromise of disputed matters and claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that the County has violated any law, statute, rule, regulation or ordinance of the United States, the State of Florida or the County or that it has breached any duty owed to Ms. Steiner under federal, state or local law, policy or practice, with respect to Ms. Steiner's employment or cessation of employment with the County, or in any other matter, or that any of Ms. Steiner's claims or contentions have any merit whatsoever. Similarly, Ms. Steiner's execution of this Agreement and Release does 5 AGENDA ITEM NO. ~ JUN 2 § 2002 Pg. {. not constitute, nor shall it be construed as, an admission that any complaint made by Ms. Steiner prior to the date of this Agreement and Release is untrue in any respect. 9. This Agreement and Release shall be governed by the laws of the State of Florida. 10. This Agreement and Release is freely and voluntarily executed by the County and Ms. Steiner after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, Ms. Steiner and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Ms. Steiner and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language or clause in question. 11. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 12. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 13. In the event of an alleged breach of this Agreement and Release, Ms. Steiner and the County hereby agree that all underlying causes of action or claims of Ms. Steiner and the County have been extinguished by this Agreement and Release and that the sole remedy for 6 AGENDA ITEM NO. JU I 2 5 2002 pg. breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Ms. Steiner and the County further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 14. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Ms. Steiner and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 15. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 16. Except as expressly provided for herein, the parties represent and warrant that in executing this A~eement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this A~eement and Release. 17. Ms. Steiner and the County acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties a~ee that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. IN WITNESS WHEREOF, Ms. Steiner and the County have executed this Agreement and Release, which consists of 8 pages, on the dates set forth below next to their respect!ye signatures and as sworn to and acknowledged by Employee. 7 AGENDA ITEM NO. ~ JUN 2 5 2002 pg. ~' DATED: ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DEPUTY CLERK By: James N. Coletta, CHAIRMAN Date of Signature: TI-IlS SETrLElVIENT AGREEMENT AND STEIN-ER AND COLLIER COUNTY, was _{2_N._g~ ~l~t~E ~"l~'lM~'~ before me this REI.EASE BETWEEN CHARMAIN sworn to and subscribed by [t,/~ day of June, 2002. Charmaine Steiner Personally Known or Produced Identification Type of Identification Produced Approved as to form and legal sufficiency: · Michael W. Pettit Assistant County Attorney Signature of Notary Public [ Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: ~/~./tJ Z AGENDA ITEM NO. ~ J 2 5 2002 8 Pg' cl EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 2.4T AND 53-t IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST D,,iTED JUNE 5, 1986, ET. AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for planning services and appraisal services with respect to Parcels 2.4T and 53-T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). On, December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 65041). On December 14, 1999, Collier County deposited with the Registry of the Court the sum of $173,700.00 for Parcels 2.4T and 53T in accordance with the Order of Taking. On February 26, 2000, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to Section 73.091, Fla. Stat., from the condemning authority. The property owner incurred costs in the form of expert fees for: appraisal services and the County has agreed to pay $10,000.00 to W. Michael Maxwell & Associates, Inc.; and, planning services and the County has agreed to pay $9,500.00 to Morris- Depew Associates with respect to Parcels 2.4T and 53-T, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). FISCAL IMPACT: Funds in the amount of $19,500.00 are available in Gas Taxes. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMlgNDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees approve the expenditure of the funds as stated; and AGENDA ITEM No. JUN 200 . Pg._ / SUBMITTED BY: He~d~ F A~shton Assistant County Attorney REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management REVIEWED BY: Norm [eder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel County Attorney 2 AGENDA ITEM No. /~, & ~ JUN ..4.¢- 2{]02 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: Parcel Nos.: 99-3040-CA 2.4T & 53-T VS. JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/86., et al., Respondents. AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, JOHN J. NEVINS, AS BISHOP OF THE DIOCESE OF VENICE, by and through his undersigned counsel, J. Jeffrey Rice, Esquire, for entry of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of NINE THOUSAND FIVE HUNDRED and No/100 DOLLARS ($9,500.00) for planning services of MORRIS-DEPEW ASSOCIATES with respect to Parcels 2.4T and 53- T; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA shall pay the sum of TEN THOUSAND and Noll00 DOLLARS ($10,000.00) for appra' services AGENDA liE ~1. No. /~ 4. ~ JUN Zs" 2002 Pg.. 3 of W. MICHAEL MAXWELL & ASSOCIATES, INC. with respect to Parcels 2.4T and 53-T; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA shall disburse the total amount of NINETEEN TltOUSAND FIVE ItEINDRED and 00/100 DOLLARS ($19,500.00) to GOLDSTEIN, BUCKLEY, CECHMAN, RICE & PURTZ, P.A. TRUST ACCOUNT c/o J. Jeffi'ey Rice, Esquire, Post Office Box 2366, Fort Myers, Florida 33802 within thirty (30) days of approval of the Agreed Order by the Collier County Board of County Commissioners; and it is further ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. of DONE AND ORDERED in chambers at Naples, Collier County, Florida this __ ,2002. day CIRCUIT COURT JUDGE Conformed Copies to: Heidi F. Ashton, Esquire J. Jeffrey Rice, Esquire Kenneth A. Jones, Esquire A. J. Jim Spalla, Esquire E. Glenn Tucker, Esquire AGENDAITEM No. / JUN z 200 J JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: J. JEFFREY RICE, ESQUIRE Florida Bar No.: 206792 GOLDSTEIN, BUCKLEY, CECHM , RICE & PURTZ, P.A. Post Office Box 2366 Fort Myers, Florida 33802 (239) 334-1146 - Telephone ATTORNEY FOR RESPONDENT Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone ATTORNEY FOR PETITIONER h: LitkErnDornain~FassettkAgre~dOrdet2.4T&53T AGENDA ITEM No. /4/- ~ JUN 2 5 2002 Pg._ ~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING ATTORNEY'S FEES RELATIVE TO THE ACQUISITION OF PARCEL 2.4T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED JUNE 5, 1986, ET AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Attorney's Fees to be paid for appraisal services with respect to Parcel 2.4T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 2.4T for the Livingston Road project (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $80,900.00 for Parcel 2.4T in accordance with the Order of Taking. On February 26, 2002, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. Attorney's fees are recoverable pursuant to Section 73.092(2), F.S. from the condemning authority. The easement holder incurred attomey's fees and the County has agreed to pay $8,000.00 to A.J. Jim Spalla, Esq., with respect to Parcel 2.4T, the terms of which are set out in the Agreed Order Awarding Attorney's Fees (attached as Exhibit "1"). Staff has reviewed the attorney's fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. FISCAL IMPACT: Funds in the amount of $8,000.00 are available in the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the terms of the Agreed Order Awarding Attorney's Fees; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager, Transportation/ECM Date: REVIEWED BY: ; nAdDr~iSotrnat°r Date: d -z/-~'z-~ APPROVED BY: David C. Weigel-' ~ County Attorney Date: h:Lit\EmDom\Fassett~ExSum-Agreed Order attory fees p2.4T IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision o f the State of Florida, Petitioner, VS. JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/85, et al., Respondents. Case No.: 99-3040-CA Parcel No.: 2.4T AGREED ORDER AWARDING ATTORNEY'S FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, FRANK B. PITT, by and through his undersigned counsel, A.J. JIM SPALLA, ESQ., for entry of an Order Awarding Attomey Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to A.J. JIM SPALLA, ESQ. the sum of EIGHT THOUS.~qD and No/100 ($8,000.00) for attorney's fees with respect to Parcel 2.4T; and IT IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2002. Circuit Court Judge ~5/13/28~2 21:51 850-561-683~ ~-1~-02 0g:11 Fra~Calller County kttorne¥ OftlCl T-?B5 P.OO3/OO] cga.f~ c~i~ to: JOZNT MOTION The pm'd~,: 1~ ~ u'uau~ th~ uaclemi~n~ ~ame~, mmm for eaIry of the ~ !, Agre~ Order Aw~li~$ ~s Fees. Hr m r. AS rO , ESQ. Florida B~r No. 0966770 Office of~e ~ ~o~ 3301 ~ T~ T~I N~les, ~o~ ~112 (9~1) 77~5 - F~c ~o~ ~0~ ?~T~O~ 2 EXECUTIVE SUMMARY APi~ROVE MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL jUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 167, 767, 867A AND 867B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. WALLACE L. LEWIS, JR.., ETAL., CASE NO. 01-0711-CA, PROJECT NO. 60071. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcels 167, 767, 867A and 867B for the Livingston Road 6-Laning Project (Golden Gate Parkway to Pine Ridge Road) in the lawsuit entitled Collier County v. Wallace L. Lewis, ,ir., et al., Case No. 01-0711-CA. CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of four easement interests for the Livingston Road 6-Laning Project No. 60071 (Golden Gate Parkway to Pine Ridge Road). On June 7, 2001, Collier County deposited with the Registry of the Court the sum of $1,078,700.00 for Parcels 167, 767, 867A and 867B. The last offer to the owners is dated November 29, 2000 in the amount of $743,100. A Mediation Conference was held on May 28, 2002 at which the parties reached a settlement agreement whereby the property owners, Wallace L. Lewis, Jr. and Marian Holly Gerace, will be fully and fairly compensated for ~the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in a Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $2,175,000.00 to be paid to Respondents, Wallace L. Lewis, Jr. and Marian Holly Gerace, for Parcels 167, 767, 867A and 867B less $1,408,200.00 previously paid to Respondents through funds deposited in the Court Registry, in full settlement of all claims for compensation including statutory interest, but excluding experts' fees, costs and expenses. Attorney's fees will be calculated pursuant to Section 73.092(1), F.S. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $766,800.00 from the Transportation Gas Tax Reserve Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the expenditure of funds as stated; an.z. approve the necessary budget amendment; and 1 JUN 2 5 2002 approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which will include statutory attorney's fees and incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. C~eidi F. Ashton, Assistant County Attorney ~)ale A. Bathon, p.E.'7-~rincipal Project Manager Transpogation / ECM REVIEWED ~¥: ¢o~aS ~. ~ ~:" 'ni~or Transpo~ation Division APPROVED BY: ' ~ ~ Date: __.__~-~- 02.-- Date: Co - r.~. 07.- Date: h: Lit, EmD0main~,Lewis. ExSum MedSenlement l~o. ~~-?- JUN 2 5 2002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: Division: 01-0711-CA 167,767, 867 A & B WALLACE L. LEWIS, JR., et al. Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 28th day of May, 2002, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent(s), I/d'OI]]oC,~. }.- ' ~.j'"~. th~- qnm of ~ g:t0a I 7~ 0OO OO~e~ in full settlement of all claims for compensation from Petition,er .......... · -- .- ' --- - · ' o e's fees ex erts' fees, and costs whatsoever, ~ncludxng statutory xnterest, _but exclude.ne attorn,ey , p · Petitioner is entitled to a credit in the amount of.~' J, ~0~/t019. ~.~ which was previously deposited,in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matt? as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of ~' 7~/~; ~00. within .,R0 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. .. 6. The Court will retain jurisdiction herein as to the matter of Respondent(s) attorney's fees, experts' fees, and costs. EXHIBIT AGEN~.~ IT~EM ~ NC). ~ JUN 2 5 200?. Attached hereto is an addendum to this Agreement. Yes ~ , No agreements of the parties. Petitiqner,~ ~et,~?c..~/E/~ ~,at.~ .~,. tsa.~ I~ Attorney for Petitioner Mfr tD { (;. /~'3'VtTY'J ?/~e/~i at or This Agreement and the attached addendum, if any, contain(s) all of the ( Defendant ,~orney t~or Defendant I AGENO/~ IT£M ~- J NO.._~~~ J'JN 2 5 2002 EXECLITIVE SUMMARY RZ-2001-AR-1934, Vincent A. Cautero, AICP, of Wilkison & Associates, Inc., representing Empowerment Alliance of SW Florida - Community Development Corporation, requesting a rezone from C-4 and C-5 to RMF-6 for affordable housing and from RMF-6 to C-4, located northeast of the intersection of East Eustis Avenue and South First Street in Immokalee in Section 3, Township 47 South, Range 29 East, Collier County, Florida, consisting of 7.255± acres. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone 2.483 acres from C-5 to RMF-6 and 4.198 acres from C-4 to RMF-6 for affordable housing and 0.574 acres from RMF-6 to C-4 for an associated off'me. The petitioner proposes a rezoning from Heavy Commercial (C-5) and General Commercial (C-4) zoning to the Residential Multi-family (RMF-6) zoning district. In addition, the petitioner proposes a rezone of 0.574 acres of land zoned RMF-6 to C-4 for an office. The property is part of a larger 17±-acre project that will be developed jointly by the Collier County Housing Authority and the Empowerment Alliance of SW Florida. A portion of the 17+ acres will be developed by the Collier County Housing Authority. The remaining 7.255 acres of the property, the area that is the subject of this petition, is proposed for development of single-family homes and a small commercial area for an office building. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. JUN 2 5 2002 Other fees will include building permit review fees and utility fees associated with connecting to the County's se'~X'e}' and water system when reouired. Bui!.ding permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countyxvide and xvould therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The proposed residential and commercial uses may be deemed consistent with the Immokalee Area Master Plan. The rezone for the 2.483 acres proposed to change from C-5 to RMF-6 was contingent upon the approval of the small scale comprehensive plan amendment for the 2.483 acres proposed for change from CC-I to HR and xvill not be effective until 31 days after adoption by the Board of County Commissioners. (It xvas adopted by the BCC on May 14, 2002 by Ordinance 02-25.) The proposed use may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it is under the size threshold, with no wetlands on site. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission was scheduled to hear this petition on June 20, 2002, after the deadline for the preparation of this Executive Summary. The Planning Commission recommendation will be presented verbally (if the Planning Commission unanimously recommends approval, this petition will appear on the Summary Agenda). JUN 2 5 2002 PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistem with the applicable provisions of the Growlh Management Plan (pending no objection to the Small Scale Amendment) and Land Development Code. Therefore, Planning Se~,ices staff recommended that the Collier County Planning Commission forward Petition RZ-200 l-AR-1934 to the Board of County Commissioners with a recommendation of approval. PREPARED BY: F ~~iSCHL, AIC1~-- PRINCIPAL PLANNER DATE REVIEWED BY: MU~R~Y, AICP DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT / DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2001-AR-1934 3 A~d~DA ITEM JUN 2 5 2002 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES APRIL 26, 2002 PETITION: RZ-2001-AR- 1934, SE IMMOKALEE REZONE OWNER/AGENT: Agent: Owner: Vincent A. Cautero, AICP Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, Florida 34104 Empowerment Alliance of SW Florida 2400 Tamiami Trail N., Suite 300 Naples, Florida 34103 REQUESTED ACTION: The petitioner xvishes to rezone 2.483 acres from C-5 to RMF-6 and 4.198 acres from C-4 to RMF-6 for affordable housing and 0.574 acres from RMF-6 to C-4 for an associated office. GEOGRAPHIC LOCATION: The property is located northeast of the intersection of East Eustis Avenue and South First Street in Immokalee. PURPOSE/DESCRIPTION OF PROJECT: The petitioner propoz--,; r.zyezoning from Heavy Commercial (C-5) and General Commercial (C-4) zoning to the Residential Multi-family (RMF-6) zoning district. In addition, the petit ~ner rezone of 0.574 acres of land zoned RMF-6 to C-4 for an office. JUN 2 5 2007. L33~$ S3NO? , [ The property is part of a larger 17+-acre project that will be developed jointly by the Collier County Housing Authority and the Empowerment Alliance of SW Florida. A portion of the 17+ acres will be developed by the Collier County Housing Authority. The remaining 7.255 acres of the prOperty, thd area that is the subject of this petition, is proposed for development of single-family homes and a small commercial area for an office building. SURROUNDING LAND USE AND ZONING: Subject Parcel: The site is undeveloped; zoned C-4-AOSD & C-5-AOSD (Agribusiness Overlay Subdistrict) Surrounding: North: East: South: West: Undeveloped land; zoned C-5 AOSD Undeveloped land; zoned C-5 AOSD Single family dwellings; zoned RMF-6 Undeveloped land; zoned C-4 MSOSD (Main Street Overlay Subdistrict) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is xvithin two land use districts: Commerce Center - Industrial District (CC-I) and Commerce Center - Mixed Use District (CC-MU), as identified on the Immokalee Future Land Use Map and in the Immokalee Area Master Plan of the Growth Management Plan. A companion petition for small-scale comprehensive plan amendment has been submitted to change 2.483 acres from CC-I to High Residential (HR). Part I - Rezone to RMF-6 · A total of 6.681 acres are proposed for rezone to RMF-6. Of this, 4.198 acres are currently zoned C-4 and are within the CC-MU District; 2.483 acres are currently zoned C-5 and are within the CC-I District. The CC-MU District permits residential development at a maximum density of 12 DU/A, limited to multi-family structures and less intensive units such as single- family and duplexes provided they are compatible with the district. The CC-I district does not permit single family residential, however, it is recognized that the petitioner has also submitted a companion small scale comprehensive plan amendment to amend 2.483 acres of the Immokalee Future Land Use Map to change a portion of the CC-I to High Residential (HR) to alloxv single family residential. The HR district permits residential dwellings limited to multi-family structures and less intensive units such as single family and duplexes 12;,:. v:' ded they are compat~bb,.-q~ the district. A density less than or equal to 8 DU/A is permitted. ,~G~ ~TEM^ JUN 2 5 2002 Rezone petition for this portion of the project is contingent upon the approval of the small scale comprehensive plan amendment and will not be effective until 31 days after adoPtion by the Board of County Commissioners. If challenged within 30 days after adoption, the small scale amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining the Small Scale Development Amendment is in compliance. All rezone ordinances and documents must reflect this contingency for this portion of the project. (It was adopted by the BCC on May 14, 2002 by Ordinance 02-25.) The total acreage proposed for rezone to a residential zoning district is 6.681 acres. There is a contradiction within the backup materials concerning the number of dwelling units proposed. The Standard Rezone Considerations section refers to 40 homes, xvhile the Traffic Impact Study refers to 35 homes. The application does not specify. With 35 homes, the overall density would be 5.14 DU/A; xvith 40 single- family homes, the overall density would be 5.88 DU/A. No site plan was provided or actual number of single-family homes within each district, so staff is not able to calculate the actual proposed density within each portion of the project. Densities must remain beloxv the maximums described above. Part II - Rezone to C-4 · A total of 0.574 acres are proposed for rezone to C-4. This portion of the project is currently zoned RMF-6 and is within the CC-MU District. Within the CC-MU District, shopping centers and other C-1 through C-4 zoning districts as identified xvithin the Land Development Code are permitted. Existing residential uses must be adequately protected. The mixed-use district is controlled via a series of performance standards identified in the Land Development Code that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. Buffering and landscaping must be sufficient to protect the existing residential adjacent to the proposed office in area proposed for C-4 zoning. General Comments · The applicant has stated in the cover letter that the "project involved the development of affordable housing units", ho~vever, no Affordable Housing Density Bonus Agreement was submitted. Therefore, the project is limited to the maximum densities stated above. CONCLUSION: Based on the above analysis, staff concludes that the proposed residential and commercial uses may be deemed consistent with the IAMP. The rezone for the 2.483 acres proposed to change from r- ~c, RMF-6 is contingent upon the approval of the small scale comprehensive plan amer' ,aent for the 2.483 acres proposed for cb'm~e from CC-I to I-IR and xvill not be effective unt,i ~' gays after adoption by the Board of County Commissioners. (It ,,vas adopted by the BCC on May 14, 2002 by Ordinance 02-25.) JUN 2 5 2002 ---/. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs 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 historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The proposed rezone is consistent with the Immokalee Area Master Plan xvith the small-scale amendment proposed by the petitioner. Therefore, when the amendment is passed, this petition will be consistent with the Growth Management Plan. The proposed rezone is compatible with surrounding zoning and xvill be reviewed as a Preliminary Subdivision Plat and Final Plat, for compliance with the Land Development Code. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) ,,vas not required. An EIS was not required because the property does not meet the size threshold and there is nothing proposed which would have a substantial impact on environmental quality. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan (pending approval of the small scale amendment) and Land Development Code. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001- AR-1934 to the Board of County Commissioners with a recommendation of approval. PREPARED BY: FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP DATE CURRENT PLANNING MANAGER & INTER/M PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition RZ-2001-AR- 1934 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/current/reischl/rezones/cays/staffreport/RZ-2001 -AR- 1934 REZONE FINDINGS PETITION RZ-2001-AR-1934 Section 2.7.2.5. of the Collier County Land Development Code requires that the' report and recommendations of the Planning Commission to the Board of County Commissioners shall shoxv that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan contingent on a Small-Scale Amendment. A more detailed description of this conformity is addressed in the Staff Report. Con:. Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Immokalee Area Master Plan of the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: There is RMF-6, C-4 and C-5 zoning in the area. Con.'.. Evaluation not applicable. Summary Findingsl. The proposed land use is consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro..~. The proposed land use is consistent with the land use pattern in the area. Con: Evaluation not applicable. Summary Findines: The parcel will not result in an isolated district unrelated to adjacent and nearby districts. JUN 2 5 2002 o Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn, i'he l~,.oposed rezone resmrs £rom thc desire of the petitioner to create single-family lots. Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn, however; the proposed rezone results from the desire of the petitioner to create single-family lots. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property o~vner believes that the property could best be utilized as a single- family subdivision, as allowed by the Growth Management Plan. No other conditions have changed. Con: Evaluation not applicable. Summary Findings: Changing conditions have not resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. However, the zoning change is permitted by the Small Scale Amendment to the Groxvth Management Plan which xvas recently adopted. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The parcel is within the Urban Designated Area. Con: Evaluation not applicable. Summary Findings: The proposed rezone will have an impact on the neighborhood. Commercial zoning will be replaced by residential, and vice-versa, to a smaller extent. The impacts to the neighborhood, however will not be adverse, since residential lots are planned, along with an office. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. JUN 2 5 2002 Pro: The proposed rezoning will allow creation of single-family lots. 10. Cor~2. The proposed rezoning will allow creation of single-family lots. Single-family homes' ,;vill generate construction traffic and traffic by the homeowners. Summary Findings: Single-family homes create traffic. However, the majority of the site is currently zoned commercial, therefore a rezoning would reduce traffic impacts. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance xvith the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems xvill not be created xvhen construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed single-family homes and office will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: office. This rezone xvill eventually permit construction of single-family houses and an Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, the elimination of commercial zoning JUN 2 5 2002 11. 12. 13. 14. 15. and the creation of single-family lots and an office adjacent to a residential neighborhood does not normally negatively affect property values. Whether the proposea c.i,,,nge will be a deterrent_lo the i~rovement or development of adjacent property in accordance with existing, reg':;h~tibns; Pro/Con: Evaluation not applicable. Summary Findings: Development of adjacent properties in accordance with existing regulations will not be affected. Whether the proposed change will constitute a grant of special privilege to an indi-vidual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed rezone complies xvith the Groxvth Management Plan, as amended. Because of this consistency, the proposed change does not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property could be used under its current zoning. Hoxvever, the petitioner xvishes to create a single-family neighborhood and office. Whether the change suggested is out of scale with the needs of the neighborhood or the Count>'; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: The rezone is consistent with the Growth Management Plan, as amended; therefore it is not out of scale with the needs of the neighborhood or the County. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 2002 \% 16. 17. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. wishes to build single-family homes and an office on this parcel. The petitioner The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findines: The subject property is undeveloped. While site conditions may restrict the location and number of single-family houses, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier Count3' Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a subdivision. The subdivision will be reviewed for compliance with the Levels of Service required for public facilities in the area. JUN 2 5 2002 Division of Corporations Page 1 of 2 Florida Department of State, Division of Corporations Florida Non Profit THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION PRINCIPAL ADDRESS 2400 TAMIAMI TRAIL NORTH STE 300 NAPLES FL 34103 MAILING ADDRESS 2400 TAMIAMI TRAIL NORTH STE 300 NAPLES FL 34103 Document Number FEI Number Date Filed N00000004819 593682139 07/19/2000 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT 08/17/2001 NONE Registered Agent Name & Address CACCHIONE, BARBARA A 2400 TAMIAM[ TRAIL NORTH SUITE 300 NAPLES FL 34103 Name Changed: 05/15/2001 Address Changed: 05/15/2001 Officer/Director Detail Name & Address Title OLESKY, EDWARD 6001 TRAFFORD MARINA D IMMOKALEE FL 33934 BIANTON, DENISE 1206 CAMELLA AVE D IMMOKALEE FL 34142 JUN 2 5 2002 .../cordet.exe?a 1 =DETFIL&n 1 =N00000004819&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&6/8/2002 Division of Corporations SMALLS, FREDERICK 1037 MISSISSPP[ AVE D CLEWISTON FL 33440 EVERS. LAURIE 1501 LAKE HAFFORD ROAD D IMMOKALEE FL 34142 HEI~NANDEZ, OLGA 402 W MAIN ST D IMMOKALEE FL 34142 Page 2 of 2 Report Year 2001 2002 Annual Reports I1 Filed Date , Intangible Tax II II 05/15/2001 II Il 03105/2002 Previous Filing I Return to List I Next Filing View Events No Name History Information View Document Image, sD THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry CorPorationS Help JUN 2 5 2002 .../cordet.exe?al=DETFIL&nl=N00000004819&n2=NAMFWD&n3=0000&n4=N&rI=&r2=&6/8/2002 S.E. IMMOKALEE REVITALIZATION S3/T47S/R29E, Collier County Florida Application for Public Hearing for: Standard Rezone & Historical & Archaeological Survey or Waiver Application Prepared for: Empowerment Alliance of SW Florida Community Development Corporation 2400 Tamiami Trail North, Suite 300 Naples, Florida 34103 Prepared by: Vincent A. Cautero, AICP Vice President of Planning WILKISON & ASSOCIATES, INC. ENGINEERS, SURVEYORS & PLANNERS 3506 Exchange Avenue · Naples, Florida 34104 (941) 643-2404 · 643-6752 Telephone (941) 643-5173 Fax EB#5770 December 28, 2001 WA#0012.1 JUN 2 5 2002 · · R WILKISON & ENGINEERS, SURVEYORS AND PLANNERS December 31, 2001 WA #0012.1 Ms. Glenda Smith Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 SE Immokalee Revitalization Application For Public Hearing For: Standard Rezone Dear Ms. Smith: Attached is an application for a standard rezone petition for property in southeast Immokalee. A companion Growth Management Plan Amendment petition has been filed for a portion of this property. Since this property involves the development of affordable housing units, we respectfully request that the petition be fast-tracked in accordance with Ordinance 89- 39. The property comained in this request consists of 7.251 acres and is described in Exhibits A, B, and C. The following materials are contained in the package: Exhibit A - Sketch of Description (Drawing No. 47-L-236) Exhibit B - Sketch of Description (Drawing No. 477L-235) 1. Completed Application 2. Warranty Deed and Contract for Purchase 3. Completed Owner/Agent Affidavit (Notarized) 4. Pre-Application Notes/Minutes 5. Conceptual Site Plan (Project Location Map) 6. Aerial Photograph 7. Utility Provisions Statement (with required attachments and sketches) 8. Traffic Impact Study r(L~,torical & Archaeological Survey or Waiver Application (with attachments) 11. 941-643-2404 DAVID d. HYA'FI', P.S.M. 941-643-6752 FA HORACE A. WIL 3506 EXCHANGE AVE., NAPLES, FL 34104 DAVID S. WILKISON, P.E. JUN 2 5 2002 12. Exhibit C - Sketch of Description (Drawing No. 47-L-234) 13. Project Description 14. Engineer's Report 15. Public Participation Meeting Analysis If you have any questions, please do not hesitate to contact me. Sincerely, ?~,,~ON & ASSOCIATES, INC. mcent A. Cautero, AtL;~' Vice President of Planning VAC/sg Enclosures cc/enc.: cc/enc.: Fred N. Thomas, Jr., Executive Director, Collier County HoUsing Authority, 1800 Farm Worker Way, Immokalee, Florida 34142 Barbara A. Cacchione, AICP, EC Coordinator, Empowerment Alliance of SW Florida, 2400 Tamiami Trail North, Suite 300, Naples, Florida 34103 JUN 2 5 2002' GS0012.1 Standard Rezone Application Page 2 of 2 Wilkison & Associates, Inc. December 28, 2001 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Empowerment Alliance of SW Florida - Communi _ty Development Corporation Applicant's Mailing Address City Naples 2400 Tamiami Trail, Suite 300 State Florida Zip 34103 Applicant's Telephone # (941) 566-8936 Name of Agent Vincent A. Cautero, AICP Agent's Mailing Address 3506 Exchange Avenue City Naples State Agent's Telephone # (941) 643-6752 Fax # (941) 649-5337 Firm Wilkison & Associates, Inc. Florida Zip 34104 Fax it (941) 643-5173 COLLIER COUNTY COM1VIUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARlhNG FOR STANDARD REZONE - 10/98 2002 0012.1 Standard R~zon¢ Application Page 1 of 15 Wilkison & Associates, Inc. Decembc-r 28, 2001 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City Name of Homeowner Association: Mailing Address City Name of Master Association: Mailing Address City Name of Civic Association: Mailing Address City 2. Disclosure of Interest Information: Not Applicable City (Provide additional State Zip State Zip State Zip State Zip ao State Zip If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership 100% APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012.1 Standaxd Rezone Application Wilkison & Associates, Inc. Page 2 of 15 December 28, 2001 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Empowerment Alliance of SW Florida - Communit7 Development Corporation Percentage of Ownership 100% Date of Contract If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012.1 Standard Rezone Application 200?. Page3 of 15 Wilkison & Associates, Inc. December 28, 2001 g. Date subject property, Acquired Leased [5~ December 18, 2001 [--] Term of lease ~ yrs./mos. If, Petitioner has option to buy, indicate date of option: date option terminates: , or antici, r~ated clo4-~ date and ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within thc last six months, maximum 1" to 400' scale) if required to dc, so at the pre-application meeting. NOTE: The applicant is responsible for supplying thc correct legal description. If questions arise concerning the legal description, an engineer's certification or scaled survey may be required. Legal Description of Subject Property: Section 3 Twp. 47 Lot (s) Not Applicable Block (s) Plat Book Page # Metes & Bounds Description: Range 29 Subdivision: Property I.D. # See enclosed Exhibits A, B, & C See enclosed Warranty Deed 4. Size of property: __ ft. X ft. = Total Sq. Ft. Acres 7.251 5. Address/generallocation ofsubiect property.: North of Rose Avenue; south of Rose Avenue & north of Eustis Avenue east of First Street South 6. Adiacent zoning and land use: ZONING LAND USE N C-5 CC-I S C-4 and HMO LR and Reservation E RMF-6 HR W C-4 and VR CC-MU '" Does the owner of the subject property own property contiguous ~to :I,~ subject so, give complete legal description of entire contiguous property. attach on separate page). Not Applicable. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10/98 AC,,ENOA ITEM JUN 2 5 2002 )roperty? If (If space is inadequate, 0012.1 Standard Rezone Application Page 4 of 15 Wilkison & Associates, Inc. December 28, 2001 Section Twp. Range Lot (s) Block (s) Subdivision: Plat Book Page # Property !.D. # Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the C-5 and C-4 zoning district (s)to the RMF-6 zoning district(s) and from RMF-6 to C-4 (See Project Description). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Single - Family residential and offices Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7. 2. 5..) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living neighborhood APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012. I Standard Rezone Application Wilkison & Associate, Inc. condJ',ons i:". the JLIN 2 5 2002 Page 5 of 15 Decernlx~'q21~, 12001 Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change wil~ create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. 17. The impac{ of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Iii, as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. o Deed Restrictions: The County is legally precluded fi.om enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012.1 Standard Rezone Application Wilkison & Associates, Inc. 10. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No · $,c,r. no^,~'~"-"~ JUN 2 5 2002 Pagc 6 of 15 _ ~ 28, 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; Attached. b..If this rezone is being :equested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. Not applicable. do An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Not applicable - waived. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). See enclosed aerial photograph. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012.1 Standard Rezone Application Wilkison & Associates, Inc. Statement of utility provisions (with all required attachments and sketches); .Enclosed are Availabili_ty of Service letters from Lee County Electric Cooperative, Inc., Immokalee Fire Control District, Immokalee Water & Sewer District, Immokalee Disposal Co., Inc., Time Warner Cable, and Sprint. .:ex_ .,~_.~. rrr~ JUN 2 5 2002 Page 7 ot 15' December 28, 2001 ho A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; See enclosed Traffic Impact Study prepared by Hoover Planning, Inc. The TIS was waived at the pre-application meeting. A historical and archeological survey or waiver application if property is located v?.i'~.:n an area of historical or a~:i~aeolo~ '.ql probability (as identified at pre- application meeting); See enclosed ~_..-lico.t~' , with attachments. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 JUN 2 5 2002 0012.1 Standard Rczonc Application Page 8 of 15 Wilkison & A.ssociatcs, Inc. December 28, 2001 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within RadiUs of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing mm or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic Through Traffic Planned/Proposed Roadway Improvement ProFessed ~-' ~d:'le (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 JUN 2 5 2002 0012.1 Standard Rezone Application Page 9 of 15 Wilkison & Associates, Inc. December 28, 2001 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generatiof. Provic,- "_},e total traffic generated by the project for each link within the prOject's Radius of Dev'~.opment Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two a ) an area as set forth below; or, b) the area in which traffic assignments from the thoroughfares exceeds one percent of the LOS "C". proposed project on the major Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 - & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis.', An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Back~,round Traffic: The effects of previously approved but undeveloped or partially . developed projects, which may affect major thoroughfares within the RDI of t~ pr~.~ n~ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10/98 0012.1 Standard Rezone Application ~ P"q~lf~ 5 2002 win, ison ~ ~so~i~, t~c. / c~ 10. 11. project, shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development are~ w/thin the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway Improvements located within the RDI should be identified. A description of the funding c6mmitments shall also be included. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 ITF. M 2002 0012.1 Standard Rezone Application Page 11 of 15 Wilkison & Associates, Inc. December 28, 2001 STANDARD REZONE CONSIDERATIONS (LDC SECTION 2.7.2.5) o This petition is consistent with the goals, objectives, and policies of the Growth Management Plan (GMP). Numerous policies are contained in the Future Land Use Element and the Immokalee Are Master Plan supporting the need for additional affordable housing units in Collier County. Numerous projects have been approved and initiated in the County to serve the workforce. Specifically, this project will allow approximately 40 additional working families to own their own homes. The existing land use pattern consists of residential units nearby with some vacant land. Some businesses exist to the west of the project site along First Street south (CR 846). This petition will not create an isolated district in that residential land use districts and residential zoning districts are located east and west of the project site. The boundary lines were established for a specific reason years ago due to the ownership of the property by the Atlantic Coastline Railroad. The land's proximity to a major roadway made it logical for land on both sides to be zoned commercial. However, with growth in the area and the scarcity of land available for affordable housing, especially in the Rural Fringe Area, this area has become increasingly more viable for this type of residential development. Less land is available for affordable housing projects in Collier County due to rising land values and new governmental rules and regulations. Additionally, no new major development has been allowed in the Rural Fringe Area since June 22, 1999 due to the Final Order issued by the Administration Commission. Immokalee contains many housing projects developed by many organizations (Housing Authority, Habitat for Humanity, Harvest for Humanity, Everglades Community Foundation, and now the Empowerment Alliance) that have led to a greater realization of the affordable housing shortage not only in this community, but in the County. 6. Living conditions will not be adversely impacted in the neighborhood as the proposed change will result in a decrease in intensity. 7. The proposed change will not create or excessively increase traffic (refer to the trip generation analysis attached). 8. The proposed change will not create a drainage problem. The proposed change will not seriously reduce light and air to adjacent areas. The homes constructed will most likely be smaller than commercial buildings that could be constructed under the existing zoning. 10. The . ,posed c} ._g~ w;U...-.._et seriously affect.property values negatively in the adjacem ~..'~ ' it is hoped that the infusion of residential uses in the area will property values to increase. 0012.1 Standard Rezone Considerations Page 1 of 2 Wilkison & Associates, Inc. 2002 STANDARD REZONE CONSIDERATIONS (LDC SECTION 2.7.2.5) 11. The proposed change will not be a deterrent to the improvement or development of the adjacent property in accordance with existing regulations. In fact, this proposed change, and companion GMP amendment, is part of'an ovel'ali' 'effort at revitalizing the southeast portion of Immokalee. 12. This proposed change will not grant a special privilege to an individual owner as contrasted with the public welfare. Other property owners can apply for zone changes of this magnitude. 13. Single-family residential units cannot be constructed on the property under the current zoning category. A change to a residential classification must be made to secure this type of use. 14. The proposed change is not out of scale with the needs of the particular neighborhood and the County. As previously stated, affordable housing is greatly needed in this community and the County. Additionally, the southeast area of Immokalee is one which has undergone substantial positive change in the last five years. Community leaders and organizations wish to continue this revitalization effort. 15. It is not impossible to fred other sites suitable for this type of use however, this site was located as part of a larger project to spur revitalization efforts and meet a housing need. This property was purchased for development into single family residential lots as part of the larger project that will contain the Immokalee Dormitory site initiated by the Collier County Housing Authority. 16. The physical characteristics of the property do not warrant any special consideration (refer to the environmental analysis attached as prepared by Passarella & Associates, Inc. and Wilkison & Associates, Inc. dated April 12, 2001). The site will be altered in the normal manner required to develop single family lots i.e. clearing, placement of utilities. Other uses are not contemplated as a result of the site alteration efforts. 17. Public services and facilities will not be adversely impacted due to this proposal. An analysis of the availability was provided as part of the companion GMP amendment (see attached). 18. 0012.1 Slandard Rezone Considerations Wilkison & Associates, Inc. The Board of County Commissioners should consider the fact that this proposed project is a collaboration of several organizations that serve the Immokalee community. The overall project consists of a dormitory for migrant farm workers that was initiated by the Housing Authority and will be managed by the Immokalee Friendship House. The single-family parcels will be owned and marketed by the Empowerment Alliance of SW Florida. Additionally, the Collier County Department of Housing and Urban Imt~rovement has assisted the Housing Authority in securing grants for the proi-~.~t and the applicatim,, for *h~. GMP amendr,:.e?_t md the Co ,unt'?s Planning Services D~p~_~.r, eht initiated the GMP amendment, nc, tno~, vlroa P~' ~°f2mU 2 5 2002 l~c~mb~r 28 2001'~w' ' ' I~g._~ STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o F N 0 T : COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and ali 1 X Partners if a Corporation 3. Completed Owner/Agent Mfidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. EnvironmentalImpact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of PropOsed Structure(s) 4 X 13. Application Fee, Check shall be made payable tc - X Collier County Board of Commissioners 14. Other Requirements- As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result ( elay &processing this petition. . AgenffApplicant Signature Date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012. I Standard Rezone Application Wilkison & Associates, Inc. Dec THIS iNSTRUMENT PREPARED BY: Kenneth K. Thompson, P.A. 1150 Lee Boulevard, Suite .1 . Lehigh Acres, Florida 339'36 Parcel I.D. No: 00119440001; 56402520006; '.56402240001 & 00116680000 (FOR RECORDING INFORMATION ONLY) WARRANTY DEED THIS INDENTURE, made this i ~day of December, 2001, between COLLIER COUNTY HOUSING AUTHORITY, Whose address is 1800 Farm Worker Way, Immo, hereinafter called the "Grantor"; and EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, whose address is 2400 Tarniami Trail North, Suite 300, Naples, Florida 34103, hereinafter called the "Grantee." WITNESSETH, that the said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($ I 0.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, to him in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, their heirs and assigns forever, the following described land, situate, and being in the County of Collier, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO .AND BY REFERENCE iNCORPORATED HEREiN SUBJECT to easements, restrictions and reservations of record, as well as taxes for the current year. TO HAVE AND TO HOLD., the same in fee simple forever. AND the Grantor does hereby fully wan'ant the title to said land, and except as above, will defend the same against the lawful claims of all persons whomsoever. JUN 2 5 2002 IN WITNESS WHEREOF, the said Grantor has hereunto set his 'hand and seal the day and year first above written. Signed, sealed and delivered in the presence off COLLIER COUNTY HOUSING AUTHORITY · Frot¢ ,,o. Title: ~¢~-. ~ ~ tv.... · Attest: Secretary STATE OF FLORIDA ) ) COUNTY OF COLLIER } k~ Th,e f..oreg)gin_g instmm~n{ffas ack:n,.owledged' before~me this~ i ~-day of December, 2001, ~. and ~'~ ,z"N~/i.c/~'.L~ L~L/~Fas Chairman and Secretary, respectively, of the COLLIER ~2OUNTY fiOUSING AUTHORITy, on behalf of the Housing Authority, who are [2personally known to me or who have produced [] Florida Driver's License Nos. IOFFICIAL NOTAgY SEAL LLrTICIA V NOTARY PUBLIC 5TATIi OF m COMMI~ION NO. MY COM MINION EXP. AUG. !9,20Ol , as identification. ~r Commission Expires: ..,Z~. JUN 2 5 2002 Parcel I: Parcel II: EXHIBIT A portion of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: '~' . Commence at the Northeasterly comer of Lo~' '; BldSk l, l~Iain Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 88013'08" East, along the Northerly Boundary of said Block I, and the Southerly Right-of-Way Line of ."'C" Avenue, for a distance 'of 125.85 feet, to a point on the Centerline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14057'36" East, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the westerly projection of the northerly right-of-way line of Rose Avenue, thence North 88016'53" East, parallel with the northerly right-of-way line of Rose Avenue, for a distance of 100.25 feet, to the Point of Begirming of the herein described parcel; thence continuing North 88o 16'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a right angle to the east line of the Northwest 1/4 of the Southwest 1/4 of said Section 3; thence North 01 o03'20" West, parallel with the east line of the Northwest 1/4 of the Southwest 1/4 of said Section 3, for a distance of 100.01 feet; thence South 88o16'53" West, for a distance of911.88 feet; thence South 14o57'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bearing of South 38o22'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 acres, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier Count3,, Florida, together with a portion of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described as follows: Commence at the southwest comer of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87o55'33" East, along the south line of said Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence North 0 Io 13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described parcel; thence continuing North 01 o 13'42" West, along the easterly right-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 14o57'36" East, along the easterly line of Block 2 of Main Line Subdivision, as recorded in Plat Book l, Page 98, Public Records of Collier County, Florida, for a distance of 543.54 feet; thence North 88013'08" East, for a distance of 26.82 feet; thence North 14057'36" East, for a distance of 141.48 feet; thence North 88 o 13'08" East, for a distance of 75.30 feet to the beginning of a tangential circular curve, concave Southwesterly; thence nm Southeasterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 106o44'28", subtended by a chord of 40.13 feet at a bearing of South 38o24'38" East, for an are length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o 57'36" West, along said Easterly Right-of- Way line, for a distance of 766.70 feet, to a point on the northerly right-of-way line of Eustis Avenue; thence South 87o55'33" West, along said northerly fight-of-way line of Eustis Avenue ("E' Avenue), for a distance of 103.61 feet, to the Point ofBeginnin-,. ('%ntaining 83,237..47 square feet or 1.91 acres, more or less) JUN 2 5 2002 . p~f~-~ _ Pamei II/: Parcel IV: A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at the SouthWest comer of Tract '%,- Main Line Subd;./iS~on, ~:.recorded in Plat Book 1 Page 98, Public r'- do -,~'- ' . .,..n~, Loun;..,, Florida; thence South ~8olY08" West, along the Northerly Right-o~:Way line of East De/aware Avenue (';D" Avenue) for a distance of 50.06 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Northwesterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle ofg. l o31 '07", subtended by a chord of 35.82 feet at a bearing of North ' 46o01'19" West, for an are length of 39.93 feet to the end of said curve; thence North 00o 15'4:5" West, for a distance of 45.80 feet to the beginning of a tangential circular curve, concave Easterly; thence run Northerly, along the are of said curve to the right, having a radius of 70.00 feet, through central angle of 1 t 008'32", subtended by a chord of 13.59 feet at a beating of North 05 o I 8'31" East, for an are length of 13.61 feet to the end of said curve; thence North I0o52'47" East, for a distance of 103.58 feet to the beginning of a tangential circular curve, concave Westerly; thence run Northerly, along the are of said curve to the left, having a radius of 130.00 feet, through a central angle of 11 o51'49,, subtended by a chord of 26.87 feet at a bearing of North 04o$fi'$2, East, for an are length of 26.92 feet to the end of said curve; then North 00059'02" West, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; thence run Northe said curve to the fight, havin,, a ,--,~: .... ~.,,~ ....... ~terly, along the arc of subtended by a chord of 35.13 feet at a beating of North 43038'55" East, for an arc length of · , .~,,,~ v~-~.~.ut, teet, mrougn a central angle of 89o15'55", 38.95 feet to the end of said curve; thence North 88016'53" East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South 14057'36" West, along the Westerly Boundary of said Tract "A," for a distance of 458.47 feet, to the Point of Beginning. (Containing 52,601.15 square feet or 1.21 acres, more or less) A portion of the Southeast one-quarter of Section 3, TOwnship 47 South, Range 29 East, together with Lots I through 4 and Lots 15 through 17, Block I of the Main Line Subdivision, according to the plat thereof as recorded'in Plat Book 1, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 01 o 11'55" West, along the Easterly Boundary of Lots 5 through 14, of said Main Line Subdivision, for a distance of 438.13 feet, to a point on the Southerly Right-of-Way line of "C' Avenue; thence North 88Ol 08 East, alongsazd Southerly Right-of-Way line, for a distance of I25.85 feet; thence South 00o59'02' East, for a distance of 224.61 feet to the beginning 0fa tangential circular curve, concave Westerly; thence run Southerly, along the arc of said curve to the right, having a radius of 70.00 feet, through a central angle of 11 o51'49", subtended by a chord of 14.47 feet at a bearing of South 04056'52" West, for an arc length of 14.49 feet to the end 0fsaid curve; thence South I0o52'47" West, for a distance of 103.58 feet to the beginning of a tangential circular curve, concave Easterly; thence run Southerly, along the arc of said curve to the leR, having a radius of 130.00 feet, through a central angle of 11 o08'32", subtended y a chord of 25.24 feet at a bearing of South 05018'31" West, for an arc length of 25.28 feet to the end of said curve; thence South 00o15'45" East, for a distance of 48.71 feet to the beginning ora tangential circular curve, concave Northwesterly; thence nm Southwesterly, along the arc of said curve to the fight, having ara ius of 25 00 feet, throu a °f88°.2g'$3",subtendedbyachordofa,t,,~..~i~! , · ~_ . gh centralan ..an arc length of 38.61 feet to the end o~'--:-, ........ ea~. ng ot?outh 43 058 41" lineofDelawarea ....... ,.,,r,,,,_ '.~'.uuu~ve, anaapomtontheNortherlv~;~,,_2.,,, '":~-i'~\_ ,. ,.o~, -at, ng saz(l INol nerly Right-of-Way line, for a distance of 73.38 feet, to the point of beginning. (Cont, !hindu 50,899.81 square feet or I. 17 acres, more or less) A. U.S.'DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN 1. n FHA 2. CI FHMA 3. rm CONV. UNNIS. 4. r~ VA $. O CONV. INS. 6. FILE NUMBER 7. LOAN NUMBER {. MORTGAGE INS. CASE NO. C. NOTE? This fom~ i., furnished lo {ivc you a r~alcment oraclual s~etflemant cost Amounl!.paid to and by thc scttEmcnt agent are shown. Ilcms m~cd "(po.c)' were paid Guild' I~closinB; they am sho~ here for info~alional pu~s and am not inclu~d in tl~e Iotals. D. NAME OF BORROWER: .Fm~wc~cnl AIli~ o~uth~t Florida ADDR~S OF BORROWER ~ ' 2400 T~i~i T~il No~, Suiig 3~, N~I~, R~da 34103 E. NAME OF SE~ER; ~lli~ C~nly Ho~in~ Au~ri~ · ~DR~S OF SE~R: 18~ Fa~ Wo~er Way. Immoka~, Florida 34142 F. N~E OF L~DE~ ADDRESS ~ L~DER: G. PROPERTY L~A~ON: S~ Exhibil "A" a~ached ~emto and by ~feren~ in~lJon h~in H. SETTLEMENT AGENT: Kenneth lC Thompson. Esqube PLACE OF SETTLEMENT: ll~0LeeBoulevard, Suita I, Lehi~hAcms, Florida 3393& ! Rrr'n FMr~m' nATP. r~ee~'mher 14, 3'O01 J. SUMMARY OF BORROWER'S TRANSACTION I00. GROSS AMOUNT DUE FROM BORROWER: 101. Contract sales price 102, Personal property 103. Settlement charges to borrower:. (from line !400) 104. 105. 106. 107. 108. 109. Il0. Ill. 1i2. 120. 200. $ 300,000.00 $ 0.00 ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE City/town taxes to County taxes to Assessments to GROSS AMOUNT DUE FROM BORROWER: $ 300~000.00 AMOUNTS PAID BY OR IN BEHALF OF BORROWER 201. Deposit or earnest money 202. Principal amount of new loan(s) 203. Existing loan(s) taken subject to 204. 205. 206. - 1207. 208. 209. aoJUSTMr.~vr~ FOR Irz~$ UNPAW a¥$ELZ~R: 210. City/town taxes to 212. Assessments to 213.: ' · " 214. 215, 216. 218. 2!9.' ': '~' ' : ' ' 220. TOTAL PAID BY/FOR BORROWER: $ 150,000.00 $ 150,000.00 K. SUMMARY OF SELLER'S TRANSACTION 400. GROSS AMOUNT DUE TO SELLER $ 300,000.(X 401. Contract sales price 402. Personal property 403. 404. 405. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE 406. City/Town taxes to 407. County taxes to 408. Assessments to 409. 410. 411. 412. 420. GROSS AIvlOLINT DUE TO SELLER S00.. $ 300,000.00 REDUCTIONS INAMOUNT DUE TO SELLER: 501. 502. 503. 504. 505. S04. 507. 508. 509. Excess deposit (see instruc!ions) Settlement charges to seller (line 1400) Existing Ioan(s) taken subject to Payoffof first mortgage loan Payoffofsecond mortgage loan $ 4,069.50 ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 5 lO. City/town taxes to 512. Assessments .m.. " 514. 5!5. Sl6. JUN 2 5 200 :::::::::::::::::::::::::::.,.,,:. · i.:::?:i . :Slg. :.-. i:': :/".'j." , .;, S20. TOTAL REDUCTIONS IN AMOUNT DUE SELLER: $ 4,069.$0 300. CASH AT SErI-I'iL. EMENT FROM/TO BORROWER: [ 600. CASH AT SETTLEMENT TO/FROM SELL,Ri .... '; ~' 3o2. ~":~t ~d ~ ~ ... .... '.' :'. I s I~;; ~ ~~ ~ ~o,,~ d", :5:' I S r(]ine~20~ :....) ... . ' .',::i '"":~::>'[': :5.'.1~0,~0.~ STATEMENT CHARGES 700. TOTAL SAL. ES/BROKER'S COMMISSION: BASED ON PRICE $ ~ DTVISION OF COMMISSION (LINE 700) AS FOLLOWS: $ to 702. $ to 703. Conunission paid at settlement 704. 800. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811... 900. Loan Origination fee Loan Discount Appraisal Fee to: Credit Report to: Lender's Inspection fee Mortgage Insurance application fee to Assumption fee ITEMS PAYABLE IN CONNECTiOt '7~ ,ITs AN: % % ITEMS REQUIRED BY LENDER ~O BE PAID IN ADVANCE: 901. Interest from to I~ $ 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. Flood Insurance Premium for yrs. to 905. 1000. RESERVES DEPOSITED WITH LI~NDER: /day PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROI~ SELLER'S FL~r~ SET%...-,~ 1001. Hazard insurance 1002. Mortgage insurance 1003. Citypropeny taxa . 1004. County property taxes 1005. Annual assessments 1006. Flood Insurance 1007. 1008. 1100. T1TLE CHARGES I101. months ~S months months months.(~$ months months ~S months ~ months.~. Settlement or closing fee to Kenneth K. Thompson, P.A. per month per month per month per month per month per month per month ._per month 1102. Abstract or title search to Attorneys' Title Insurance Fund, Inc. 1103. Title examination to Kenneth K. Thompson, P.A. 104. Title insurance binder to 105. Document preparation to Ii06. Notary feCS to . 107. Attorney's fees ~o (includes above item Numbers: ) 108. Title insurance to A~orneys' Title Insurance Fund, !nc. (includes above item Numbers: ) 109. Lender's coverage $ II0. Owner's'coy~rage $300,000.00 i111. $ 200.00 $ 75.00 i ,575,00 113.- ........................ · '": ' l:00: GOVE D T A. NS R C AROES: !201. :~d~g fc~: ~ed $19,50 ; Mortgage S ; RcI~ . ] · 1202r Ci~/mun~ ~mpe Deed ~!00.~ ; Mortgage $ ~203.. $~S~PS:~: .,.'.'~$ ...... ')~M0~e$ .:' . · ...: -~ .~:.~::::~?:~ :~:~ ,: :. '. : : ........ % :.:~..~:~)~....,....';.. . · ; ....... · ...' ....... ". ... 1301.:.:: i 305''. ~3~' ...... I I :"~ =~ ;:~ .'.~':~.~,~;, ."~,.:,':...~,.. 14~ TOTALS[i ILEMENTCHARGES(En~h~iO3 Se~l~J ~d I have c~lly mvle~d :ceip~ and disbmemenU made on my account or by me in ~ls ~nsa ' ee~i~ thnt I have r~ived n copy of~D-I Se~lement · e HU~i ~el~ent S~ment which I o ~ disb~ in ~ wi~ ~is ~menL ~ttlcment Agent Dnte AOOENOUM · TO HUD-I, SETTLEMENT STATEMENT The 2eller and Buyer hereby agree that the $150,000.00 Earnest Money Deposit shall be paid at closing, with the remaining $150,000.00 to be paid one month from the date of closing, or on or before January 14, 2002. The parties further agree to hold the documents in escrow until such time as the remaining $150,000.00 is paid on or before January 14, 2002. If the Buyer fails to remit the $150,000.00 on or before January 14, 2002, the Seller shall then record a Purchase Money Mortgage in the Public Records of Collier County, Florida, which mortgage shall not be released or satisfied until Buyer remits the remaining $150,000.00 to Seller. Dated this day ef December, 2001. "Seller" "Buyer" COLLIER COUNTY HOUSING EMPOWEKMENT ALLIANCE OF  SOUTHWEST FLOR,I'DA Name: ---~/a~ '~. '"(-~a,~,~$._~",'t... Name~7,g',ff'..,~.~"~o)'~/~-~~,'~;/('~, Title: ~.~:,/.e_. -~ ~ tz- Title: The costs associated ~rlth the record~g .of the Purchase Honey Hortgage, ~ncluding record/mg fees, documentary stamps, and document preparat~i~a, frne by the Buyer, and billed outsidaof closing. 2002 Parcel I: Parcel II: A portion of'.~,'~-tion 3, Township 47 South, Range 29 East, Collier County, Florida, being more pa:.'ccularly .'¢~cribed as follows: Commence a; the Northeasterly comer of Lot 5, Block 1, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North ggo 13'08" East, along the Northerly Boundary of said Block I, and the Southerly Right-of-Way Line of ' "C" Avenue, for a distance of 125.85 feet, to a point on.the Centerline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14o:57'36" East, along said centerline, for a distance of 63.87 feet; to a. point lying 30.00 feet northerly of when measured at a right angle to,'the westerly projection of the northerly right-of-way line of Rose-Avenue, thence North 88016'53" East, parallel with the northerly right-of-way line of Rose Avenue, for a distance of 100.25 feet, to the Point of Beginning of the herein described parcel; thence continuing North 8go 16'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a right angle to the east line of the Northwest 1/4' of the Southwest 1/4 of said Section 3; thence North 01 o03'20" West,. parallel with the e~st line of the Northwest 1/4Of the Southwest I/4 of said Section 3, for a distance of 100.01 feet; thence South 88016'53" West, for a distance ofgl 1.8g feet; thence South 14057'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence nm Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106040'43", subtended by a chord of 44.92 feet at a bearing of South 38022'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 a~res, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a portion of the former Atlantic Coast Line Rail Koad Right-of-Way, being more particularly described as follows: Commence at the southwest comer of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87055'33" East, along the south line of said Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence N'orth 01 o 13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein degcribed parcel; thence · continuing North 01 o 13'42" West, along the easterly right-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 1 I0.95 feet; thence North 14057'36" East, along the easterly line of Block 2 of Main Line Subdivision; as recorded in Plat Book I, Page 98, Public Records of Collier County, Florida, for a distance of 543.54 feet; thence North 88o13'08" East, for a distance of 26.82 feet; thence North I4o57'36" East, for a distance Of 141.48 feet; thence North 88o13'08" East, fora distance of 75.30 feet to the beginning of a tangential circular curve, concave Southwesterly; thence nm Southeasterly, along the are of said curve to the right, having a radius of 25.00 feet, through a central 'angle of I06O44'28", subtended by a chord of40.13 feet at a bearing of South 38o24'38" East, for an arc length of 46.57 feet to the end of. said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o57'36" West, along said Easterly Right-of- Way line, for a distance of 766.70 feet, to aPoint on the northerly fight-of-way line of Eustis Avenue; thence South 87o55'33" West, along said northerly'right-of-way line of Eustis A enue ( E Avenue), for a distance of I03.61 feet, to the Point of Beginning. (Contai.'ning 83,237.47 square f~t or !..91 acres, more or less) 2002 P~cel Parcel IV: A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, FIorida, being more particularly described as follows: Beginning at the Southwest comer of Tract"A," Main Line Subdivision, as recorded m Book I, Page 98, Public Records of Collier County, Florida; thence South 88o13'08" West, along the Northerly Right-of-Way line of East Delaware Avenue ("D" Avenue) for a d/stance of 50.06 feet to the beginning of a tangent/al circular curve, concave Northeasterly; thence run Northwesterly, along the are of said curve to the right, having a radius of 25.00 feet, through a central angle of 91 o31 '07", subtended by a chord of 35.82 feet at a bearing of North 46o01'I9" West, for an are length of 39.93 feet to the end of said curve; thence North 00o 15'45" West, for a distance of 45~80 feet to the beginning of a tangential circular curve, concave Easterly; thence run Northerly, along the are of said cUrVe to the right, having a radius of 70.00 feet, through central angle of I 1008'32", subtended by a chord of 13.59 feet at a bearing of North 05o 189 l" East, for an are length of 13.61 feet to the end of said curve; thence North I0o52'47" East, for a distance of 103.58 feet to the beginning of a tangential circular curve, concave Westerly; thence mn Northerly, along the arc of said curve to the left, having a radius of 130.00 feet, through a ~ntral angle of I 1 o51'49", subtended by a chord of 26.87 feet at a bearing of North 04o56'52" East, for an arc length of 26.92 feet to the end of said curve; then North 00o59'02" West, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; thence ,-,,~, xr....,~. .... ,,,, m=azterly, along me arc of said curve to the Hght, having a radius of. 25.00 feet, through a central angle of 89015'55", subtended by a chord of35.13 feet at a bearing °fNorth 43 038'55" East, for an arc length of 38.95 feet to the end of said curve; thence North 88o16'53" East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South 14o$7'36" West, along the Westerly Boundary of said Tract "A," for a distance of 458.47 feet, to the Point of Beginning. (Containing 52,601.15 square feet or 1.21 acres, more or less) A portion of the Southeast one-quarter of Section 3, Township 47 SOuth, Range 29 East, together with Lots I through 4 and Lots I$ through 17, Block I of the Main Line Subdivision, according to the plat thereof as recorded in Plat Book I, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Hat Book I, Page 98, Public Records °fCollier County, Florida; thence North 0I Ol 1'55" West, along the Easterly Boundary of Lots 5 through 14, of said Main Line Subdivision, for a distance of 438.13 feet, to a point on the Southerly Right-of-Way line of "C" Avenue; thence North 88o 13'08" East, along said Southerl7 Right-of-Way line, for a distance of 125.85 feet; thence South 00o59'02" East, for a distance of 224.6I feet to the beginning 0fa tangential circular curve, concave Westerly; thence run Southerly, along the are of said curve to the right, having a radius of 70.00 feet, through a central angle of 1 lo51'49", subtended by a chord of 14.47 feet at a bearing of South 04o56'52, West, for an arc length of 14.49 feet to the end ~fsald curve; thence South 10o52'47" West, for a distance of 103.58 feet to the beginning'of a tangential circular curve, concave Easterly; thence mn Southerly, along the arc of Said curve to the left, having a radius of I30.00 feet, through a central angle of I I o08'32,, subtended y a chord of 25.24 feet at a bearing of South 05o 18'31" West, for an arc length of 25.28 feet to the end of said cUrve; thence South 00o15;45" East, for a distance of 48.71 feet to the beginning ora tangential circular curve, concave Northwesterly; thence run Southwesterl7' along the are. of said curve to the right, having a radius of 25.00 feet, through a ce rra~ ali~iS~s, - .'"88o28'5't", subtended bya ch, _~'t 95'34.88 feetat a bearing of South 43o58,41, WesCor \ mt arc length of 38.61 feet to the end of said curve, and a point on the Northerly Rig :-of-Way - - line of Delaware Avenue ("D" Avenue); thence South 88 o 13'08" West, along said lo .rt~ 2 § 2002 Right-of-Way line, for a distance of 73.38 feet, to the point of beginning. (C ntainmg . .-. 50,899.8I square feet or 1.17 acres, more or less) ,, Pg-uJ-p2[' . Collier Count_~"Roustn= Aqthortt¥ 1800 Farm Worker Wayr Immokaleer Florida 34142 Empowerment A~'ltance of Southwest Florlda 2400 Tamtami Trail Northr #300r Naples~ Florida 34]0~ t. D£SCRIP11ON: . :'.IL.~~R~.~P~,. Collier. . c~.~ See ~.×hibit "A" attache~ hereto an~ by reference incorporate~ herein (¢) Peraon~ Property: N/A II. PURCHASE PRICE: _ PAYMENT: (b) Ad<Jilonel aecrDw depc:,d Io be made v~ "'~'~ a~er E~ ~le (as ~ ~ ~ I1~ h ~ ~l ~ ............ hiving ml '~pPfr""lmMa P;l~enl Ptbx:~Pal b~Jl, ncl c~ .................. (~) O~ , ~ (~~,~U.~.~YD~,,~~=~~.~~ .... Date ~ (CHECK ~Y ~: O DaM a~ ~e mm~ ~) ~ ~"~ ~ m; ~ ~ ~ ~ ~ ~e. ~ ~ ~ or ~ ~l~ a~ ~ ~u~ of ~ P~e~f~ ~ERS: (CHECK ~ (a) Q C~ ~~ CO~ ~E (~ Q V~ (g) ~ HOME~ER~ A~ ~LOSURE ~) O C~IUM (e) O ~S~ ~) O RESID~L L~SED ~RO L ~LOSUR~: V, SPE6~L C~SES; ADD~O~ ~ ~ I~ ~ ~ ~ ~ a~ ~ ~ ~ HE~ ~ ~ ~NDED ~mpo~e~men[ , ... . ~t,) .. .... . (s-~ :. ,: .... ~_~~,'~ ._, . ~) - 'JUN 2 5 2002 ......- .. o ,/U'~uAMu~ POR REAL ESTATE TRANSAC~ONS - ~ ~'JUN 2 5 EXHIBIT "A" Parcel I: Parcel II: A portion of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: ,: Commence at the Northeasterly comer of Lot 5, Block 1, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 88013'08" East, along the Northerly Boundary of said Block 1, and the Southerly Right-of-Way Line of "C' Avenue, for a distance of 125.85 feet, to a point on the Centerline of Raikoad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 25, Public Records of Collier County, Florida; thence North 14o57'36" East, along said centerline, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the westerly projection of the northerly right-of-way line of Rose Avenue, thence North 88o16'53" East, parallel with the northerly Hght-of-way line of Rose Avenue, for a distance of 100.25 feet, to the Point of Beginning of the herein described parcel; thence continuing North 88016'53" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet westerly of when measured at a right angle to the east line of the Northwest i/4 of the Southwe§t 1/4 of said Section 3; thence North 01003'20" West, parallel with the east line of the Northwest 1/4 of the Southwest 1/4 of said Section 3, for a distance of 100.01 feet; thence South 88016'53" West, for a distance of911.88 feet; thence South 14o57'36" West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence run Southeasterly, along the arc of said curve to the lefL, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bearing of South 38022'46" East, for an arc length of 52.13 feet, to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 acres, more or less) A portion of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a portion of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described as folloWs: Commence at the southwest comer of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87o55'33" East, along the south line of said Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence North 01 o13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described parcel; thence continuing North 01 o 13'42" West, along the easterly fight-of-way line of County Road #846 Immokalee Road (First Street) for a distance of I 10.95 feet; thence North 14057'36" East, along the easterly line of Block 2 of Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida, for a distance of 543.54 feet; thence North 88o13'08" East, for a distance of 26.82 feet; thence North 14o57'36" East, for a distance of 141.48 feet; thence North 88o 13'08" East, for a distance of 75.30 feet to the beginning of a tangential circular curve, concave Southwesterly; thence run Southeasterly, along the arc' of said curve to the right, having a radius of 25.00 feet, through a central angie of 106o44'28", subtended by a chord of40.13 feet at a bearing of South 38o24'38" East, for an arc length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o 57'36" West, along said Easterly Right-of- Way line, for a distance of 766.70 feet, to a point on the northerly fight-of-way line of Eustis Avenue; thence South 87o55'33" West, along said northerly, fight-of-way line of Eustis Avenue ("E" Avenue), for a distance of 103.61 feet, to the Point of Beginning. (Containing 83,237.47 square feet or 1" acres, narc or less) JO~q 2 § 2002 pi. ftC _ Parcel III: A portion of the Southwest one-quarter Of sectiOn 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Beginning at the Southwest com?r of Tract "A," Main Line Su ' ' ' , Book 1, Page 98, Public ReLU, aj.'.' ~nll'~/ar fg'----~' ~, .i, '...bd~v~o.n, as record!~,.in Plat o~ ........uumy, morma, mence ~outh 88013'0 ' West, along the Northerly Right-of-Way line of East Delaware Avenue ("D" A79etltre') ~'~)r a distance of 50.06 feet to the beginning ora tangential circular curve, concave Northeasterly; thence mn Northwesterly, aiong the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 91 o31'07", subtended by a chord of 35.82 feet at a bearing of North · 46o01'19" West, for an arc length of 39.93 feet to the end of said curve; thence North 00o15'45" West, for a distance of 45.80 feet to the beginning ora tangential circular curve, concave Easterly; thence run Northerly, along the arc of said curve to the right, having a radius of 70.00 feet, through central angle of 11 o08'32", subtended by a chord of 13.59 feet at a bearing of North 05o 18'31" East, for an arc length of 13.61 feet to the end of said curve; thence North 10o52'47" East, for a distance of 103.58 feet to the beginning ora tangential circular curve, concave Westerly; thence run Northerly, along the arc of said curve to the left, having a radius of 130.00 feet, through.a centrai angle of 11 o51'49", subtended by a chord of 26.87 feet at a bearing of North 04o56'52" East, for an arc length of 26.92 feet to the end of said curve; then North 00o59'02" West, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; thence run Northeasterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 89o15'55", subtended by a chord of35.13 feet at a bearing of North 43o38'55" East, for an arc length of 38.95 feet to the end of said curve; thence North 88o16'53" East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South 14057'36" West, along the Westerly Boundary of said Tract' "A," for a distance of 458.47 feet, to the Point of Beginning. (Containing 52,601 15 square feet or 1.21 acres, more or less) · Parcel IV: A port/on of the Southeast one-quarter of Section 3, Township 47 South, Range 29 East, together with Lots 1 through 4 and Lots I5 through 17, Block 1 of the Main Line Subdivision, according to the plat thereof as recorded in Hat Book 1, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast comer of Lot 14, Main Line Subdivision, as recorded in Hat Book I, Page 98, PuNic Records of Collier County, Florida; thence North 01 O1 ' , the Easterl Bound . . . 1 55 West, along y ary of Lots 5 through 14, ofsa~d Mare L~ne Subdivision, for a distance of 438.13 feet, to a point on the Southerly Right-of-Way line of "C" Avenue; thence NOrth 88o 13'08" East, along said Southerly Right-of-Way line, for a distance of 125:85 feet; thence South 00o59'02" East, for a distance of 224.61 feet to the beginning 0fa tangential circular curve, concave Westerly; thence mn Southerly, aiong the arc of said curve to the right, having a radius of 70.00 feet, through a central angle of I 1 o51'49", subtended by a chord of I4.47 feet at a bearing of South 04o56'52" West, for an arc length of 14.49 feet to the end 0fsaid curve; thence South 10o52'47" West, for a distance of 103.58 feet to the beginning ora tangential circular curve, concave Easterly; thence run SoutherIy, along the arc of said curve to the left, having a radius of 130.00 feet, through a central angle of 11 o08'32", subtended y a chord of 25.24 feet at a bearing of South 05o 18'31" West, for an arc length of 25.28 feet to the end of said curve; thence South 00015'45" East, for a distance of 48.71 feet to the beginning of a tangential circular curve, concave Northwesterly; thence mn Southwesterly, along the arc of said curve to the right, having ~ -adiu~ "f25.00 feet, through a central angle of 88o28'53", subtended by a chord of34.8~/~eet at a be-a_~ng ofSouhU. 47'~38'41" We,', Ye. , an arc length of 38.61 feet ~,o, ~e end ofsaidcm-/% and -. poir~,on,~e ~])'rt~erly Righl o~[ line of Delaware Avenue ( D' Avenue); thence South 88013 08 West, along said 1~ ,rth~y i q 'r~ Right-of-Way line, for a distance of 73.38 feet, to the point of beginning. (Co ttaining 50,899.81 square feet or 1.17 acres, more or less) JUN 2 § 2002 · - .................. *i41U~fltl~ T-ST3 P.OOZ/DOZ F-SB( Agreeme=t Supportive of the Tr~n~,fer orCertain Lancb to the Empowerntent Affiance of Southwest Florida Corn Corporation by the Co. er County Housb~g Autbor/ty Collier Cotm~ Housing Authority n~d t'-~ ~mpow~m,e..,..~. 2an~ of S0utnwe~ FIorida Community D~velopment Corporation are entering into a contrac~ for the purchase of land (as descn'bed i~ Attacitmerii 1) for ~e dev¢Iopmeat o~'sin..gli~ family The C011ier Coumy Housing Authority will be respo~sible for the following actions with regard to the pWpen~. Comprehensive Plan Amendment (small scale) fi'om I~dustrial to Communhy Comm~rcial/l~ Usc on property locaIed on the North side of Roso Avenue and described as pla~cl parcel Re. zoning on all plai~ed parcels from Corem~'isl and Industrial to Residential Multi- fan~y ~-6) Preliminary Pla~ into four parcels prior to final comprehensivc plan amendment abd r~zoning. Final Plat ofthe property into single family lots that meet the R.MF-6 zoning district standards. The sit~ ~ngineefing, construction of thc roads and drainage plan will be constructM to support the single family platted lots. 'The above will be comple~ezi for the mm of $300,000 payable to the Collier County Housing .A~thority fi.om the Community Development Corporation. The source of'the funds will be fi'om the Florida Department o£Community AlT. airs Urban ~ grant that the Community Dcvclopmcnt Corporation is the sub-grantee from the Ho~ing and Coil/et County Hous/ng At~od~ Enterprise Commun/ty Coordinator Empowermen~ Alliance of 8outhwest Florida JUN 2 § 2002 PROMISSORY NOTE $150,000.00 DUE ON DEMAND December 14, 2001 Immokalee, Florida 'tOR VALUE RECEIVED, the undersigned, promises to pay to COLLIER COUNTY HOUSING AUTHORITY ("Payee"), whose mailing address is 1800 Farm Worker Way, Immokalee, Florida 34142, or elsewhere as the Holder ,'.,,,'reef may from time to time designate in writing, delivered or mailed to debtor, the principal sum of ONE HUNDRED FIFTY THOUSAND AND NO/100.DOLLARS ($150,000.00). ALL OUTSTANDING PRINCIPAL AMOUNTS OWING ON THIS PROMISSORY NOTE, IS DUE AND PAYABLE IMMEDIATELY UPON DEMAND BY THE PAYEE. If not sooner demanded, then this obligation shall be paid as follows: (a) All principal remaining unpaid, together with any accrued interest thereon, shall be due and payable in full, on January 14, 2002. A late charge equal to five percent (5.00%) of the past due amount shall be paid on any payment not received within ten (10) days of its due date. In the event of any default in the payment of this Note, and if the same is collected by an attorney-at-law, the undersigned hereby agree(s) to pay all costs ofcollection, including a reasonable attorney(s) fee, whether collection is made by suit or otherwise. While in default, this Note shall bear interest at the highest rate allowable by law. This Promissor7 Note is secured by a Mortgage (the "Mortgage") on real property in Collier County, Florida, of even date herewith. Reference to said Mortgage is made for additional terms and covenants to be kept on the part of the Maker, Borrower's address: 2400 Tamiami Trail North, Suite 300 Naples, Florida 34103 Empowerment Alliance of Southwest Florida Community D ev..e 1 o prr~t~t_..C, orp~r, ation Title: d',/-~,,2,~teart) / Attest: Secretary JUN 2 5 2002 ._ i THIS INSTRUMEN~ PREPARED BY: Kenneth K. Thompson, P.A. 1150 Lee Boulevard, Suite 1 Lehigh Acres, Florida 33936 Parcel I.D. No.: 00119440001; 56402520006; 56402240001 & 00116680000 (FOR RECORDING INFORMATION ONLY) MORTGAGE THIS MORTGAGE DEED hereinafter referred to as the "Mortgage," executed this ~ day of December, 2001, by EMPOWER ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, whose address is 2400 Tamiami Trail North, Suite 300, Naples, Florida 34103, hereinafter referred to as the "Mortgagor," to COLLIER COUNTY HOUSING AUTHORITY, whose address is 1800 Farm Worker Way, Immokalee, Florida 34142, hereinafter referred to as the "Mortgagee," WITNESSETH: WHEREAS, the Mortgagor is justly indebted to the Mortgagee in the principal sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00), which indebtedness is evidenced and represented by a certain promissory note in said principal mount, executed and delivered by the Mortgagor to and in favor of the Mortgagee of even date herewith, hereinafter referred to as the "Note," payable with interest as provided therein and maturing as stated therein; WHEREAS, the Mortgagee, as a condition precedent to the extension of credit or the making of the loan evidenced by the Note, has required that the Mortgagor provide Mortgagee with security for the payment or repayment of the indebtedness represented by the Note and for the performance, observance and discharge by the Mortgagor of the various covenants, stipulations and agreements made by Mortgagor to, and, in favor of and for the benefit of Mortgagee with respect to said indebtedness; herein and in any other documents or instruments set forth herein and in any other doc instnmaents executed by Mortgagor to and in favor of Mortgagee for the purpose of evi~ securing the indebtedness represented by the Note, and for other good and valuable con,, NOW THEREFORE, in consideration of and in order to secure the payment or repayment of the aggregate principal sums of money set forth in the Note, together with interest thereon and all other sums of money secured hereby, as hereinafter provided, and also. in order to secure the observance, performance and discharge by the Mortgagor of all covenants, stipulations and agreements of the Mortgagor to, with, in favor of and for the benefit of the Mortgagee, ide.',..~'_'~ed enmn~g or \ r~ ~ terah'6ns, JUN 2 5 2002 i L ! ! I the Mortgagor hereby grants, bargain.s, sells aliens, remises, conveys and conI~ms unto the Mortgagee all of Mortgagor's interest in that certain piece, parcel or tract of land or real property of' which the Mortgagor is now seized and in poss~sion, situate in Collier County, Florida, to-wit: SEE EXHIBIT"A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN · TOGETHER with all rights-of-way, easements, appurtenances, permits and privileges now or hereafter belonging or in any way appertaining to said premises; TOGETHER with all right, title and interest of the Mortgagor therein, including and af~er- acquired title, remainder or reversion, right or interest in and to the beds of any ways, streets, avenues, roads, alleys and public places open or proposed, in front of, running through, adjoining or adjacent to said premises; ' TO HAVE AND TO HOLD all of the same unto the Mortgagee and its successors and assigns in fee simple forever; AND the Mortgagor covenants and warrants with and to the Mortgagee that the Mortgagor is indefeasibly seized of said real property and has good right, full power, and lawful authority to convey all of the same; that the Mortgagor hereby fully warrants the title to said real property and will defend the same and the validity and priority of the lien of this Mortgage against the lawful claims of all persons whomsoever; and the Mortgagor further warrants that said real property is free and clear of all liens and encumbrances of any kind, nature or description. PROVIDED ALWAYS, however, that if the Mortgagor shall pay unto the Mortgagee the indebtedness evidenced and represented by the Note; and if the Mortgagor shall duly, promptly and fully perform, discharge, execute, effect, complete and comply with and abide by each and every one of the stipulations, agreements, conditions and covenants of the Note and this Mortgage, then this Mortgage and the estate and interest hereby granted and created shall cease, terminate and be null and void. AND the Mortgagor, for the benefit of the Mortgagee, and its successors and assi~.n, does hereby expressly covenant and agree: 1. PAYMENT OF NOTE. To pay the principal of the indebtedness evidenced and represented by the Note, together with all interest thereon, in accordance with the terms of the Note, promptly at the times, at the place, and in the manner that said principal and interest shall become due, and to promptly and punctually pay all other sums required to be paid by the Mortgagor pursuant to the terms of this Mortgage. 2 JUN 2 5 2002 ! I ! I I 1 [ I 1 I 1 ! 2. pAYMENT OF TAXES. To pay all and singular such taxes, assessments andpublic charges as are already levied or assessed or that may be hereafter levied or assessed when the same shall become due and payable according to law, before they become delinquent, and before any interesi or penalty shall attach thereto. 3. DISCHARGE OF LIENS. To immediately pay and discharge (by payment or by bonding offliens pursuant to Florida Statute) from time to time when the same shall become due all lawful claims ah~l demands of mechanics, materialmen, laborers, and other which, if unpaid, might result in, or permit the creation of, a llen, charge or encumbrance on the mortgaged premises or any part thereof, and, in general, to do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved at the cost of the Mortgagor, without expense to the Mortgagee. 4. OBSERVAN(~E OF LAWS. To observe, abide by and comply with all statutes, ordinances, orders, requirements or decrees relating to the mortgaged premises enacted, promulgated or issued by and federal, state and municipal authority or any agency or subdivision thereof, and to observe and comply with all conditions and requirements necessary to preserve and extend any and all fights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to Said premises or which have been granted to or contracted for by Mortgagor in connection with any existing, presently contemplated or future use of said premises. 5. REIMBURSEMENT OF MORTGAGEE FOR PAYMENTS. That should the Mortgagor fail to make payment of any taxes, assessments or public charges before the same shall become delinquent, or shall fail to make payment of any insurance premiums or other charges, impositions or liens herein or elsewhere required to be paid by the Mortgagor, then the Mortgagee, at its option, may make payment or payments of the same, and also may redeem said premises from tax sale without any obligation to inquire into the validity of such taxes, assessments and tax sales. In the case of any such payment by the Mortgagee, the Mortgagor agrees to reimburse the Mortgagee, upon demand therefor, the amount of such payment with any fees and expenses attendant in making the same, together with interest thereon at the highest rote allowed by law; and, until paid, sUCh amounts and interest shall be added to and become pan of the debt secured hereby to the same extent that this Mortgage secures the repayment of the indebtedness evidenced by the Note. Neither the right nor the exercise of thc right herein granted unto the Mortgagee to make any such payments as aforesaid shall preclude the Mortgagee from exercising its option to cause the whole indebtedness secured thereby to become immediately due and payable by reason of the Mortgagor's default in making such payments as hereinabove required. 6. INSURANCE ON IMPROVEMENTS. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire and other hazards, casualties, and contingencies, in such amounts and for such periods as may be required by Lender, and to pay promptly when due, any premiums on such insurance policies or renewals. All insurance shall be carried on companies approved by Lender as to financial standing according to such guidelines as may be adopted from time to time by Lender, and the policies and renewals ~^ rr~ JUN 2 5 2002 ! t [ 1 i I thereof shall be held by Lender and shall have attached thereto loss payable clauses in favor of and in form acceptable to the Lender. All insurance policies sh,,il contain an agreement by in.surer to give not less than thirty (30) days' prior, notice to Lender in the event of cancellation or a material change in the coverage. At least fifteen (15) days prior to the expiration date of all such policies, renewals thereof satisfactory to the Lender shall be delivered to the Lender. The Mortgagor shall deliver to the Lender receipts evidencing the payment of all such |n-sullMlce policies and renewals. The delivery of the insurance policies shall constitute an assignment, as further security of all unearned premiums. In the event oflossi Mortgagor will give immediate notice by mail to Lender and Lender may make proof of loss if not made promptly by Mortgagor, and each in-_~nance company concerned is hereby authorized and directed to make payment for such loss directly to Lenderln~e~t] of to Mortgagor and Lender jointly, and the insurance proceeds or any part thereof may be applied by Lender at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damage. In the event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment of. the indebtedness secured hereby, all right, rifle and interest of the Mortgagor in and to any |n._qurallce policies then in force shall pass to the purchaser or grantee. 7. PAYMENT OF COSTS AND ATTORNEY'S FEES. That in the event that the Note secured hereby is placed in the hands of an attorney for collection, whether suit is filed or note, or in the event that Mortgagee shall become a party either as Plaintiffor az Defendant, in any action, suit, appeal or legal proceedings (including, without limitation, foreclosure, condemnation, bankruptcy or. administrative proceedings or any proceeding wherein proof of claim is by law required to be filed), in relation to the property described or the lien created hereby or herein, or for the foreclosure of this Mortgage, the Mortgagor shall save and hold the Mortgagee harmless from and against any and all costs and expenses incurred by the Mortgagee on account hereof, including, but not limited to, reasonable attorneys' fees, title searches and abstract and survey charges and shall promptly pay such fees and costs to Mortgagee upon demand. 8. CHANGE OF OWNERSHIP - DUE ON SALE If all or any part of the property or an interest therein is sold or transferred by Mortgagor without Mortgagee's prior written consent, including the creation of any lien or encumbrance subordinate to this Mortgage, excluding, however, (a) the creation of a purchase money security interest for household appliances, Co) a transfer by devise, descent or by operation of law upon the death of a joint tenant, (¢) the grant of any leasehold interest, or (d) conveyance of one joint tenant to the other, Mortgagee, may at Mortgagee's option, declare all the sums secured by this Mortgage to be immediately due and payable. Mortgagee shall have waiver such option to accelerate if, prior to the sale or transfer Mortgagee and the person to whom the property is to be sold or transferred, reach agreement in writing that the credit of such ..person is satisfactory to Mortgagee. The criteria for approval by Mortgagee is a good credit rating and adequate income to pay the Mortgage, in the sole discretion of Mortgagee, based on the then credit standards and criteria of Savings and Loan Banks in Collier County, Florida. 4 nC, OOA m~ JUN 2 § 2002 !. I I ! l I i I I 1 I 1 l If Mortgagee exercises such option to accelerate, Mortgagee shall mail Mortgagor Notice of acceleration in wr/ting. Such Notice shall provide a period of not less than 15 days from the d~te the Notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor fails to'pay such sums prior to the expiration of such period, Mortgagee may, without further notice or demand on Mortgagor, invoke any remedies allowed by law, including but not limited to foreclosure of the Mortgage. 9. .'0SURY LIMITATION, That nothing herein contained nor any transaction related hereto shall be construed or so operate as to require the Mortgagor to pay interest at a rate greater than it is now lawful in such case to contract for, or to make any payment or to do any act contrary to law, and the Mortgagee shall reimburse the Mortgagor for any interest paid in excess of the highest rate allowed by law or any other payment which may inadvertently be required to be paid contrary to law; and in any clauses or provisions herein contained operate or would prospectively operate to invalidate this Mortgage or the Note secured by in whole or in part, then, such claims or provisions only shall be held for naught, as though not herein contained, and the remainder of this Mortgage shall remain operative and in full force and effect. 10. ACCELERATION. That if default be made in the payment of any installment of the Note, whether of principal or interest, or in the payment of any other sums of money referred to herein (including any prior Mortgage), and such default shall not be cured by Mortgagor within fifteen (15) days aider due, or in the event a breach or default be made by the Mortgagor in any one of the stipulations, agreements, conditions and covenants of said Note or this Mortgage, or in the event that each and everyone one of said stipulations, agreements, conditions and covenants are not otherwise duly, promptly and fully discharged or performed, and such default shall not be cured by Mortgagor within thirty (3 0) days aftcr written notice hereof from Mortgagee, then and upon the occurrence of any one of such events or upon the happening of any other event which, according to the term of this Mortgage or the Note shall entitle the holder to accelerate the maturity of the indebtedness evidenced by the Note, the Mortgagee, at its option, may thereupon or therea~er declare the indebtedness evidenced by the Note, as well as all other monies secured hereby, to be forthwith due and payable as if all of said sums of money were originally stipulated to be paid on such day, and thereupon, without notice or demand, the Mortgagee may avail itself of all rights and remedies provided by law and prosecute a suit at law or in equity as if all monies secured hereby had matured prior to its institution. The failure or omission on the part of the Mortgagee to exercise the option for acceleration of maturity and/or foreclosure following any default as aforesaid Or to exercise any other option granted hereunder to Mortgagee where entitled to do so in any one or more in.~ances, shall not constitute a waiver of any subsequent default. " 11. MISCELLANEOUS. The provisions hereof shall be binding upon the Mortgagor, its successors and assigns and shall inure to the benefit of Mortgagee and her successors and assi~.~. If more than one Mortgagor is named herein, the obligations and liabilities of said Mortgagor shall be interpreted to mean singular, plural, feminine, masculine or neuter as the context shall require. 5 JUN 2 § 2(~2 [~.--- is to be governed by and 12. CONSTRUCTION Ol~ LANGUA(~E. This instrument construed in accordance with the laws of the State of Florida. 'IN WITNESS WHEREOF, the said Mortgagor has caused this instrument to be executed as the day and year first above written. Signed, sealed and delivered in the presence~f: "MORTGAGOR" · Empowerment Alliance of Southwest Florida Community DeveloPmff, at~Co~on (Print) (Sign). Tifle:~.~ ~ (Print) Attest: Secretary 1 ! [ I STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of December, 2001, by as of EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION, a Florida Non Profit Corporation, on behalf of the corporation, who is ~personally known to me or who has produced 12Florida Driver's License No. , as identification. I [ NOTARY PUBLIC Print Name: Commission No. · Commi.~sion Expires: JUN 2 5 2002 ! 1 I i ! I [ 1 i ! ! f 1 1 l~rcel I: Pamel II: A pon/on of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeasterly comer of Lot 5, Block I, Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence North 88013'08" . East, along the Northedy Boundary of said Block I, and the Southerly Right-of-Way Line of ' "C" Avenue, for a distance of 12:5.8:5 feet, to a point on the Centerline of Railroad Street abandoned by resolution as recorded in O.R. Book 214, Pages 24 and 2:5, Public Records of Collier County, Florida; thence North 14o57'36" East, along said centeriine, for a distance of 63.87 feet; to a point lying 30.00 feet northerly of when measured at a right angle to, the- westerly projection of the northerly right-of-way line of Rose Avenue, thence North 88o 16'$3" East, parallel with the northerly right-of-way line of Rose Avenue, for a distance of 100.25 feet, to {he Point of Beginning of the herein described parcel; thence continuing North 88o 16'$3" East, along said parallel line, for a distance of 903.06 feet, to a point lying 25.00 feet wesierly of when measured at a right angle to the east line of the Northwest 1/4' of the Southwest I/4 of said Section 3; thence North 01 o03'20" West, parallel with the east line of the Northwest 1/4 of the Southwes~ 1/4 of said Section 3, for a distance of I00.01 feet; thence South 88o 16':53" West, for a distance of 911.88 feet; thence South 14o:57'36,, West, for a distance of 66.77 feet to the beginning of a tangential circular curve, concave Northeasterly; thence mn Southeasterly, along the arc of said curve to the left, having a radius of 28.00 feet, through a central angle of 106o40'43", subtended by a chord of 44.92 feet at a bearing of South 38o22'46" East, for an arc length of$2.13 feet' to the Point of Beginning. (Containing 92,304.35 square feet or 2.12 acres, more or less) A pon/on of the Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, together with a pon/on of the former Atlantic Coast Line Rail Road Right-of-Way, being more particularly described as follows: Commence at the southwest comer.of Section 3, Township 47 South, Range 29 East, Collier County, Florida; thence North 87055'33" East' along the south line of said Section 3, and the centerline of Eustis Avenue for a distance of 40.00 feet; thence North 01 o 13'42" West, for a distance of 30.00 feet, to the Point of Beginning of the herein described parcel; thence continuing North 01 o 13'42" West, along the easterly fight-of-way line of County Road #846 Immokalee Road (First Street) for a distance of 110.95 feet; thence North 14o:57'36" East' along the easterly line of Block 2 of Main Line Subdivision; as recorded in Plat Book l, Page 98, Public Recorfl~ of Collier County, Florida, for a distance of 543.54 feet; thence North 88013'08" East, for a distance of 26.82 feet; thence North 14057'36" East, for a distance of 141.48 .fee~. thence North 88o 13'08' East, fora distance of 75.30 feet to the beginning of a ,,~ ,,,~ -lpa~, having a ramus'o~z:~.oo ieet, through ii central angle of I06O44'28", subtended by a chord of40.13 feet at a bearing of South 38o24'38" East, for an arc length of 46.57 feet to the end of said curve, and a point on the Easterly Right-of-Way Line of the former Atlantic Coast Rail Road; thence South 14o:57'36" West, alongsaid Easterly Right-of- Way line, for a distance of 766.70 feet, to a point on the northerly right-of-way line of Eustis Avenue; thence South 87o:5:5'33- West, along said northerly'fight-of-way line of Eustis Avenue ("E" Avenue), for a distance of 103.61 feet, to the Point of Be~nrgng. (Containing 83,23?.47 square feet or 1.91 acres, more or less) £ Parcel Parcel IV: A portion ofthe Southwest one-quarter of Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more particularly d~cribed as follows: Beginning at the Southwest comer of Tract "A," Main Line Subdivision, as recorded in Plat Book 1, Page 98, Public Records of Collier County, Florida; thence South 88o13'08' West, along the Northerly Right-of-Way line ofF. asr De/aware Avenue ("D" Avenue) of $0.06 feet to the beginning of a tangential circular curve, for a distance mn Not--westerly, along the arc of said curve to the ' concave Northeasterly; thence through acentral angieofgl o31'07, o,,k,..~__,, . n _ght, having a radius of 25 00 of 39.93 feet to the end of said curve; thence North 00°15'45" West, for adistance of 45.80 feet to the beg/nning ora tangential circular curve, concave ~ly; thence run Northerly, along the arc of said curve to the right, having a radius ofT0.00 feet, through central angle of l 1 o08,32,' subtended by a chord of 13.59 feet aI a bearing of North 05oi 8'31 ' East, for an arc length of 13.61 feet tOthe end of.said curve; thence North I0o$2,47- East, for a distance of 103.58 feet to the beginning ora tangential circular curve, concave Westerly; thence run Northerly, along the arc of said curve to the having a radius of 130.00 feet, through a central angle of 11 o$1,49,' subtended by a chord of 26.87 feet at a bearing of North 04o$6,$2, East, for an arc length of 26.92 feet to the end of said curve; then North 00o59,02, We~, for a distance of 201.89 feet to the beginning of a tangential circular curve, concave Southeasterly; said curve ~o the right, t-~u~ugh a central angle having a radius of 25.00 feet~ence run Hortheasterly, alongthe arc of subtended by a chord of35.13 feet at a bearing of North 43o38,55, East, of 89oi$'55,, for an arc length of 38.95 feet to the end of said curve; thence North 88o16,$3, East, along the Westerly Projection of the Right-of-Way line of Rose Avenue, for a distance of 150.54 feet; thence South 14o$7,36, We~ along the Westerly Boundary of said Tract "A," for a distance of 458.47 feet, to the Point orb eginning. (Containing 52,601.1S squar~ feet or 1.21 acres, more or l~ss) A portion of the Southeast one-quarter of Section 3, Township 47 South, Range 29 East, together with Lots I through 4 and Lots 15 through 17, Block I of the Main Line Subdivision, according to the plat thereof as recorded in Plat Book I, Page 98, Public Records of Collier County, Florida, being more particularly described as follows: B, eginning at the Southeast COmer of Lot 14, Main Line Subdivision, as recorded in Plat Book Page 98, Public Records of Collier County, Florida; thence North Ol o 11 · We~t, along the Easterly Boundary of Lots :5 through 14, of said Main Line Subdivision, for a distance of 438.13 feet, to a point on tlie Southerly Right-of-Way line of "C" Avenue; thence North 88 o 13'08 ' Fast, along said Southerly Right-of-Way line, for a distance of 125.85 feet; thence South 000:59'02- East, for a distance of 224.61 · . curve, con_cave Westerly; thence _ feet ~ the be_ginning ora tan ' · a radi run Sou~erty, alon . gential ch-cular . us of 70.00 ii gthearcofss,d curv · · curve; thence South I0o52,47- ~"' "- "~.~Y zeet to Ge end of said tangential West, for a distance of 103.$8 feet to circular curve, concave Easterly;, thenc~ run So,.~.--,....,-__ the beginning of a to the having a radius of 130.00 feet tk,.,,,..a. _ ___~,,~u,~,,~, ~uvn. g the arc of said curve a chord of 25.24 feet at a. bearing ~', -"'~,,r,- a central angle of I 1 o08'32,, subtended y ofSouth.0$o 1891" West, for an arc length of 25.28 feet to the end of said curve; thence South 00o15,45, East, for a distance of 48~71 feet to the beginning of a tangential circular curve, concave Northwesterly; thence nm Southwesterly, along the arc. of said curve to the right, having a radius of 25.00 feet, through a central angle of 88o28'$3-, subtended by a chord of 34.88 feet at a bearing of South 43o$8,41" We~, for an len of 38. 1 feet to ? or.i c. e, and. point, on. e O erly line of Delaware Avenue ("D Avenue); thence South 88o 13 08 West, along said Right-of-Way line, for a distance of 73.38 feet, to the point of beginning. (C 50,899.81 square feet or 1.17 acres, more or less) JUN 2 5 2002 AFFIDA FIT frst duly ~o~, ~epbse and say that we/I a~are the owners of the proper~ a~cnbed herein and which ~ the subject matter of the proposed hea~ng; that all the answers to the quesaons in this application, including the disclosure of interest info~ation, all s~tches, data, and other supplementa~ ma~er attached to and made a pa~ of this application, are honest and t~e to the best of ~r ~owledge and belief. We/I understand that the informaaon requested on this application m~t be complete and ac~rate and that the content of this fo~, whether computer generated or Coun~ p~nted shall not be altered. Public hea~ngs will not be adve~sed until this application is deemed complete, and all required info~ation has been submitted. As proper~ owner We,I further authorize Vincent A. Cautero, ~CP., Vice President qf Plannin~, WilMson & Associates Inc. to act as our/my representaave in any matters regarding this Petition. Si~ature Of Proper~ ~ner - Typed or Pfnted Name of ~ner Typed or Printed Name of ~ner , ~e&regoing i~m~Cw~ ac~owl~Fd befo~%~e !Ois, Z day of ~~ 20~ by ~~ / ~ ~~ . ~~ ~. ~o is p~sonaIly ~own ~e or h~ produced . Coun~ofColIier .~reofN~a~Public-Stat~,~fFlorid~ q ~t, T~,, ~~~~~~ic) APPLICATION FOR PUBLIC HE~G FOR ST~3~ ~ZONE 10,98 ! l LAND USE PRE-APPLICATION MEETING NOTES [ [ I I I Date:. //~ 9-c~// Time: C:~:,.~x~ Firm: Pr0jectName:-~'E //////4/o/<:'N'Z..~-~. Applicant: ~/~x-~__.~ ~.~'~ 7"~o Tel Fax Zoning: ~"- ~'- mo /~/~-,~ ' l l: L AGENDA ~ ~'-~.nC~x /JUN 2 5 2002 Agent/Owner Signature ' Date: ~ -//?~./~'~' i I I I STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAM~ OF APPLICANT: Empowerment Alliance of SW Florida - Community Development Corporation MAILING ADDRESS: 2400 Tamiami Trail North, Suite 300 C1TY Naples STATE Florida ZIP 34103 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A l i [ 1 I ! I I: l' l ! l ! 4. LEGAL DESCRIPTION: o Section 3 Twp. Lot (s) Plat Book Page # Block (s) 47 Range 29 portion of block 2 Subdivision: Property I.D. # See enclosed Exhibits A, B, & C See enclosed Warranty Deed and Exhibits A, B, & C Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [--I b. CITY LrYILITY SYSTEM [-'] c. FRANCHISED UTILITY SYSTEM [~ d. PROVIDE NAME Immokalee Water Sewer District e. PACKAGE TREATMENT PLANT [--[ (GPD capacity) a. SEPTIC SYSTEM [~] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [~ b. crrv u~ SYSTEM [~ c. FRANCHISED U'I~ITY SYSTEM [~ PROVIDE NAME lmmokalee Water Sewer District a. PRIVATE SYSTEM (WELL) ['-']' 5. TOTAL POPULATION TO BE SERVED: 112 o PEAK AND AVERAGE DAILY DEMANDS: a. WATER-PEAK 31gpm b. SEWER-PEAK 31 gpm AVERAGE DAILY AVERAGE DAILY APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0012.1 Standard Rezone Al~iic~lion Wilkison & As~iatts, Inc. 11,200 gpd 11.200 ~ JUId 2 5 2002 Pa~ 12 of 15 ~..e.~ [ i t I [ [ 1 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Not applicable. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal, ff percolation ponds are to be used, then percolation data and soil involved shall be provided from tests p~pared and certified by a professional engineer. See enclosed Engineer's Report. e COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. ff applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not applicable. 10. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services fi.om any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity to serve the project shall be provided. Enclosed are Availabili_ty of Service letters from Lee County Electric Cooperative, Inc., [mmokalee Fire Control District, lmmokalee Water & Sewer District, Immokalee Disposal Co., Inc., Time Warner Cable, and Sprint. Utility Provision Statement ILIM 10/17/97 APPLICATION FOR PUBLIC Iff, ARENG FOR STANDARD REZONE - 10/98 0012.1 Standard Rezone Applkatioa Willmon & Associa~s, Inc. JUN 2 5 2002 IDeC 18 O1 II:5Ga ~ I Anchor Engineering Consu11~qts, Inc. · Attention : David G, Fecitt i 1520 Roya] Palm Square Boulevard Fort Myers, Florida 33919 Re: FARM WORKER DORMATORY I ~HOKALEE, FLORIDA NEW ELECTRICAL SERVICE AEL'Z PROJECT 4362-103-OO I I 1 I ! Dear Si r, Pursuant to your inquiry regarding electrical service To The aforementioned location in ~[MMOKALEE, FL. Please be advised that this location is within the service territorial boundaries of Lee County Electric Cooperative, Inc, Lee County Electric Cooperative, Inc., shall furnish the electric requirements t.o this location in accordance with the policies specified in the rate tariffs that are filed with the Public Service Commission. Lee County Electric Cooperative, Inc., looks forward to serving your electrical needs. Sincerel y, LEE COUNTY ELECTRIC COOPERATIVE, TNC. I I JA~tES ROBERTS Oi stri buti on Engi nee ri ng I [ ! JUN 2 5 2002 IMMOKAI, EE FIRE CONTROL DISTRICT P~E ~2 ! I Nomnber I S, 2001 Pt. Mye~ 1~. 33919 1~ ~DP2OOI-AR-I?I 1 tl~ Coli~ County F~ Ptevmti~ and Protection CodeC. C. Ord. 9~.74). ltl ~n b~ of funl~ assistan~ please call me at (941) I (941) 65"7-9419 JUN 2 5 21~2 1020 Sanitatiou [ I ~RU~Y 21, ~1 - . [ ~s)~~~ ~cixy ~ ~l ~np~on ~ p~: NOR~ O~ ~E A~ ~ OF 1~ ~ 50~ fCX ~}. [ .--' .... :¢~ 3r ~!'~ ~ ~ [ JUN 2 5 ~ - t I 1 I I [ I i I !. I' l ZMHOKA~SS DZiPOSAL CO, ZNC. 120 Je££erson Ave. Zamokalee, F1 34142 (941) 657-2729 Hatch 15, 2001 Wilktson & Associates, Znc. 3506 Exchange Ava. Naples, F1 24104 This letter le to confirm that we, Immokalee Disposal, rill provtde garbage service £or the following location: S~ ~ o£ Section 3, Township 47S, Xange 29E~ Collier County (~o:~h end of Roes Ave) If you have any questions, please call me at the number above. Sincerely, Office Manager Grant Pate , , Construction Supervisor TIME WARNER ' CABLE November 26, 2001 Mr. Richard G. Lewis, PE Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Ft. Myers, FL 33919 RE: DORMITORY FOR SOUTHEAST IMMOKALEE REVITALIZATION AECI Project 4519-01-00 Service A vailabiHt~ iL etter Dear Mr. Lewis: Time Warner Cable (TWC), with franchise authority in Collier County, and Florida Cablevision Management Corp., its operating entity, has reviewed the site plan you provided for the above-referenced project. This letter will serve as our letter of service availability and acceptance to provide cable television service to Dormitory for Southeast Immokalee Revitalization, AECI Project 4519-01-00. Should you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, FOR TIME WARNER CABILE Grant Pate Construction Supervisor GP: dm · ' cc: Commercial Development Dept. Time Wamer Cable I I~...L._~,~ Joe Crone I [ ! £ I ! 4-Sprint November 21, 2001 Mr. Rictmrd Q. Lewis. P.E. Anchor Engineedng Consultants, Inc. 1520 Royal Palm Square Blvd. Ft. Uye~ Flork~ ~3919 RE: Availability of 8ervice I Dormito~, for Soumeast ~.mokalee Revffal~on SEC 3, TWP 47~, RNG 29E - Collier County, FL Dear Mr. Lewis: in response to your letter dated November 15, 2001, Sprint-Florida, Inc. will provide telephone service, upon request, to the dormitory complex, located on Rose Avenue in Immokalee, Florida. Telephone service will be provided based on the rules and regulations covered in our Local and General Exchange Tariff, approved and on file with the Florida Public Service Commission. In order for us to meet your sewice expectations and provide for the timely Installation of access facilities, we need your cooperation on the following items: Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities must be recorded either through incorporation with the recorded plat of the dormitory complex development, or in a manner as may be recorded in the Public Records of Collier County, Florida. A minimum ¶0' wide utility easement along the cable mute to be provided by developer. Provide a full set of construction plans and diskette (DGN format or AUTOCAD version 14 or lower) · furnished to us at the same time as plans are sent to Florida Power & Light Company. 3. All utility easements, rights-of-way, roadways, etc., over which communications construction is necessary must be within six Inches of final grade, clear of debris and lot lines properly staked and identified prior to communication family construction. NOTE: Staking to include grade elevation. 4. Clearing, grading and staking is to be maintained by the developer during Sprint's construction activity. 5. Deviations to our standard construction procedures from the above, resulting in additional expense to Sprint- Florida, Inc., either during or after communicaUon facility construction, will be appropriately billed to and borne by the developer. 6. Sprint. Florida, Inc. shall not be responsible for seeding/mulching disturbed areas of the utility easements. 7. Notify Sprint engineering a minimum of 90 days in advance when telephone service will be required within this area. AGENDA ITEM. JUN 2 5 20O2 I [ I I I 1 i ! I ! ! 1 L 1 I November 21, 2001 Page 2 Mr. Rchard O. Lewis, P.E. RE: Availability of Service I Dormito~ for ,~heast Immokalee RevttalV. afion The following =dteda must also be mat for any multi-family or commercial building: 1. A 4' x 8' x ~" ~ terminal board must be securely atta~ed for mounting of telephone hardware. 2. Entran~ conduit to be mn from the property comer or utility easement into the mechanlcel mom with no mom than one 90-degree sweeps. Size and location to be determirted by a Sprlnt-Rodda. Inc. repmsentative. 3. Access to the power ground (MGN) within f'we feet of our terminal or placement of s No. 6 Insulated copper ground wire. 4. A single run conduit (3/4 inch suggested) or access mute from each unit to the location of the telephone termination point. 5. Conduit and equipment mom to be completed :~O days prior to Certificate of Occupancy date. These requirements are necessary due to the tremendous growth within our serving area and $1xln'dFIorida's use of advance technology. Failure to comply with the above mentioned could result in service delays to this development. Please sign and date the acknowledgments provided below and return it in the self addressed stamped envelope included. If you should require additional information, please contact me at (941) 263-6211. Sincerely, Deb Corbin Network Engineer I - E&C O^C. JJw c: Chn~ File I hereby acknowledge receipt of this letter and agree with the provisions cont_~ined hereto. Date T~tle JUN 2 5 2002 i HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions I I ! December 26, 2001 RE: Traffic Impact Study for SE Immokalee Revitalization, Located Northeast of the Intersection Between Eustis Avenue and South First Street (Immoknlee Road) in lmmokalee, FL ! [ l ! INTRODUCTION This 17.8-+- acre project is located in Immokalee, just north of the Seminole Gaming Center. Seven and twenty-four hundredths (7.24) acres of the overall project are proposed for rezoning. The rezoning changes are as follows: a) 0.44 acres fi:om RMF-6 Residential Zoning for office uses, b) 4.32 acres of land fi:om C-4 commercial to single-family residential, and c) 2.48 acres fi:om C-5 commercial to single-family residential. The petitioner intends to construct the following: a) an office building on the 0.44-acre. parcel, b) a maximum of 35 single-family homes on the 6.8 acres of proposed residential single-family land, and c) a dormitory for 304 farm workers on the remaining 9 acres of land. Construction would commence as soon as all necessary development permitting can be obtained. The project is expected to be built-out by 2003. i TRIP GENERATION Trip generations were first computed to show the impact of the proposed rezoning. Then trip generations were computed for the proposed project to show its impact at build-out. The ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips. Category "Single-Family Detached Homes (210)" was used for the residential computations and the computations were based on the maximum number of proposed dwelling units (35). Since 2 single-family homes could likely be placed on the existing 0.44 acres proposed for commercial the new residential units would actually be 33 (35 - 2). "General Office Building (710)" was utilized as the category for the proposed office uses. Building square footage was used for these office computations with a maximum of 4,000 square feet expected. "Specialty Retail Center" (814)" was utiliTed for the category to estimate the existing commercial land. The existing commercial was based on building square footage with an estimate of 8,500 square feet per gross acre. The "Fitted Curve Equation" was used where available and non-distorted. Category "Apartment (220)" was used to estimate traffic for the 304-bed dormitory. The computations were based on persons and a reduction of 60% was made to reflect reduced traffic based on the following: a) only a minor percentage of the workers will actually have a vehicle, b) worker's income is minimal, c) ride sharing will be common among the workers, d) vans service will be provided b~ the management, e) a public transit stop is located nearby, and f) workers are tro~/~t~r~ transportation to work by the employers. _ I 3785 Airport Road North, Suite B-I, Naples, Florida 34105 · Phone: 941-403-8899 · F la~: ~4~t-403-90~9 1 £ [ I ! ! [ i ! I 1 ! EXISTING ALLOWABLE LAND USF~ ON THE 7.24 ACRES SINGLE-FAMILY DETACHED HOUSING (210) (Based on #Units = 2) Formula = Number of Trips per Time Period Enteff%yExit(%) Ln(T)=.920 Ln(x) + 2.707 = 28* Weekday Daily Trips 14(50%)/14(50%) T=0.700(x) + 9.477 = 11' Wkdy. AM PK HR of Adj. St. 3(25%)/8(75%) Ln(T)=0.901 Ln(x) + 0.527 = 2* Wkdy. PM PK HR of Adj. St. 1(64%)/1(36%) *Distorted due to the value of"x" so the Average Rates were utilized (see below) Average Rate = 9.57 x 2 = 19 Weekday Daily Trips 10(50%)/9(50%) Average Rate = 0.75 x 2 = 2 Wkdy. AM PK HR of Adj. St. 1(25%)/1(75%) Average Rate = 1.01 x 2 = 2 Wkdy. PM PK HR of Adj. St. 1(64%)/1(36%) SPECIALTY RETAIL CENTER (814) (Based on 1,000 Sq. Ft. Formula = Number of Trips per Time Period Average Rate = 40.67 x 58.48 = 2378 Weekday Daily Trips Average Rate = 2.59 x 58.48 = 151 Wkdy. AM PK HR of Adj. St. Average Rate = 4.93 x 58.48 = 288 Wkdy. PM PK HR of Gen. so "x" = 58.48) Entex~%)/Exit(%) 1189(50%)/1189(50°/0) 65(43%)/86(57%) 164(57%)/124(43%) TOTAL OF EXISTING TRIPS Formula = Number of Trips per Time Period 19 + 2378 = 2397 Weekday Daily/rips 2 + 151 = 153 Wkdy. AM PK HR of Adj. St. 2 + 288 = 290 Wkdy. PM PK HR of Gen. Enter{%)/Exit(%) 1199(50%)/1198(50%) 66/87 165/125 PROPOSED LAND USES VIA REZONEVG OF THE 7.24 ACRES SINGLE-FAMILY DETACHED HOUSING (210) (Based on #Units = 35) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ln(T)=.920 Ln(x) + 2.707 = 395 Weekday Daily Trips 198(50%)/197(50%) T=0.700(x) + 9.477 = 34 Wkdy. AM PK HR of Adj. St. 9(25%)/25(75%) Ln(T)--0.901 Ln(x) + 0.527 = 42 Wkdy. PM PK HR of Adj. St. 27(64%)/15(36%) GENERAL OFFICE BUILDING (710) (Based on 1~000 Sq. Ft. Formula = Number of Trips per Time Period Average Rate = 11.01 x 4 = 44 Weekday Daily Trips Average Rate = 1.56 x 4 = 6 Wkdy. AM PK HR Average Rate = 1.49 x 4 = 6 Wkdy. PM PK HR so "x" = 4) Enter(%)/Exit(%) 22(50%)/22(50%) 5(88%)/1(12%) 1(17%)/5(83%) TOTAL OF PROPOSED TRIPS Formula = Number of Trips per Time Period 395 + 44 = 439 Weekday Daily Trips 34 + 6 = 40 Wkdy. AM PK HR of Adj. St. 42 + 6 = 48 Wkdy. PM PK HR of Gen. Enter(%)/Exit(%) 220(50%)/219(50%) 14/26 28/20 Formula = Number of Trips per Time Period 439 - 2397 = (-1958) Weekday Daily Trips 40 - 153 = (-113) Wkdy. AM PK HR 48 - 290 = (-242) Wkdy. PM PK HR -979(50%)/-97! -52/-61 -137/105 CHANGE IN TRIPS VIA REZONING OF THE Z24 ACRES Enter(%)/Exit(%) JUN 2 5 2002 1 ! I I ! [ ! [ i l I f 1 IMPACT FROM PROPOSED PROJECT ON ALL 1Z8 ACRR.¢ SINGLE-FAMILY DETACHED HOUSING (210} (Based on #Units = 35) Formula = Number of Trips per Time period Enter(%)/Exit/%) Ln(T)=.920 Ln(x) + 2.707 = 395 Weekday Daily Trips 198(50%)/197(50%) T=0.700(x) + 9.477 = 34 Wkdy. AM PK HR of Adj. St. 9(25%)/25(75%) Ln(T)=0.901 Ln(x) + 0.527 = 42 Wkdy. PM PK HR of Adj. St. 27(64%)/15(36%) GENERAL OFFICE BUILDING (7,10) (Based on 1~000 Sq. Ft. so "x" = 4) Formula = Number, 0fTrips per Time Period Enter(%)/Exit(%) Average Rate = 11.01 x 4 = 44 Weekday Daily Trips 22(50%)/22(50%) Average Rate = 1.56 x 4 = 6 Wkdy. AM PK HR 5(88%)/1(12%) Average Rate = 1.49 x 4 = 6 Wkdy. PM PK HR 1(17%)/5(83%) APARTMENT (220) (Based on Persons~ so "x" = 304 x 40% and bus/van services) Formula = Number of Trips per Time Period Average Rate = 3.35 x 304 x 40% = 407 Weekday Daily Trips Average Rate = 0.28 x 304 x 40% = 34 Wkdy. AM PK HR to reflect ride sharinl, Enter(%)/Exit(%) 204(50%)/203 (50%) 5(16%)*/29(84%)* Average Rate = 0.40 x 304 x 40% = 49 Wkdy. PM PK HR 33(67%)*/16(33%)* *Directional Distribution based on Number of Dwelling Units as not available for Persons TOTAL OF PROPOSED PROJECT'S TRIPS Formula = Number of Trips per Time Period 395 + 44 + 407 = 846 Weekday Daily Trips 34 + 6 + 34 = 74 Wkdy. AM PK HR 42 + 6 + 49 = 97 Wkdy. PM PK HR Enter(%)/Exit(%) 525( 50%)/525(50%) 19/55 61/36 TRIP DISTRIBUTION Trips were distributed based on methodology in the ITE's Transportation and Land Development and the ITE's "Traffic Access and Impact Studies for Site Developmem, and knowledge of the study area. More specifically, the trips were distributed based on projected trip-end destinations for the future residential units. Exhibit 2 shows the trip distribution based on these key residential trip-ends. The project's cumulative trip distffbution was then determined by having the project's traffic utilize the most likely route to and from the trip-ends (see Exhibit 3). Exhibit 4 shows the project's total daily trips, which includes the proj~,ct's A.M. Peak Hour trips, P.M. Peak Hour trips, and Weekday daily trips. RADIUS OF DEVELOPMENT IMPACT The Radius of Development Impact (RDI) was based upon the County's determination that the RDI for this type of PUD Rezoning is any arterial roadway within 3 miles where the project's trips exceed 1% of LOS C for any roadway segment. Exhibit 5 shows the project's RDI. JUN 2 5 2002 [ [ t' i- l' [. I I ! ! I Ir. [ I' ! EXISTING TRAFFIC (2001) To project the existing 2001 traffic and future traffic changes in traffic volumes on each roadway segment over the last 4 years. Basically, the County's annual traffic counts were compared between 2000 and 1996 and then the annual change in traffic volumes were determined and shown on Exln'bit 6. Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's 2000 traffic counts. These ratios are shown on Exhibit 7. The Annual Average Daily Traffic (AADT) and Peak Season Daily Traffic (PSDT) in 2001 for each roadway segrnem within the RDI and that roadway segment's LOS for PSDT is shown on Extu'bit 7. All roadways within the project's RDI win be at an acceptable LOS. FUTURE TRAFFIC AT BUILD-OUT (2003) Exhibit 8 shows the 2003 traffic conditions for Peak Season Daily Traffic. All Collier County roadways within the project's RDI will be at an acceptable LOS. SR 29 will vary fi.om LOS B to LOS E, depending upon the roadway segment. All roadway segments of SR 29, except between Lake Trafford Road and Westclox Road, will be at an acceptable LOS. That FDOT roadway segment will be at LOS E. PROJECT'S IMPACT WITHIN RDI Based on Peak Season Daily Traffic, the project's traffic will not lower the LOS on any roadway segment within the project's RDI. The project's traffic will impact S. First Street, between Eustis Avenue and SR 29, 9.5% of that roadway's LOS C at peak hour. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 The LOS will be acceptable on all County roadways within the RDI. 5.1/5.2 The project will not have a significant impact on any arterial roadway within its RDI., except for Immokalee Road (S. First Street), between Eustis Avenue and SR 29. The project's traffic will impact S. First Street 9.5% of that roadway's LOS C at peak hour, between Eustis Avenue and SR 29. 7.2 Cross-accesses with adjoining properties were not shown as they were not determined to be necessary since those properties already have fi.ontage along public roads. 7.3 The project will meet the latest parking requirements within the LDC at the time of SDP review and approval. Prepared by: HOOVER PLANNING & DEV., 1NC. William L. Hoover, AICP HP File #305tis.rep 4 JUN 2 § 2002 EXHIB/ T VI CIN/ T¥ 1 MAP Rd. Lake Trafford Immol<alee Dr. ~ ! N ~ z ! s ~ W. Ma/n St. I, [o . Mile L ~ubjec7 Project [ 5~o [1' I i M//e EusUs W. Ma/n A ye. ! St. J% 12% ! I- 1 I I £ EXHIB/ T CUMULA TI V£ T/~/P D/~ Tf?/BU N [ ii W e s t C?~_o x Rd. Loke Tr~fford Immol<otee Dr-. ~ .5 M#e 1 I 10% Rd. ~27~ ~ 52% / 57% Eustis ~ 7% Mafn / 49% Ave. 12% St. 14% T/ON 21% 86% 12% 2 § 2002 £ EXHIBIT 4 Pt~OJEC T% TO TA L WEEtCDA [ . KEY 1)AM--~-~AK HOUR [ 2)PM PEAK HOUR ~ 3)DAILY (846)7 J, . /10 'dj Westclox Rd. 85 Lok Trofford ~ Rd. ~ 4/d J "~ Immoko/ee°-IDr. E 228 ~ ~ S 271 [o l 27 36 31,3 Eustis Mf/e I I Y TRIP~ 9 12 102 8 9 11 12 93 20 102 Main St. 415 '~' A ye."" 10/ 14 118 ~64 I ~N2S2002 Pro/ec t I ! I I I ! EXH/BIT 5 DE TERMINATION OF PROJECT'S RD/ KEY 1) Greater of Project's AM or PM Peak Hour Trips 2) Percent of Roadway's LOS C at Peak Hour 3) Within RDI (1% or More of Roadway's LOS C) 1.5% LaRe Trafford --  10 Westcl__ox Rd. 1.2% 76 1t' 6 0.5% co No Immokalee Dr. .5 Mile 1 I Rd. 31 ~ 1.3% Yes W. 12 1.0% Yes Main St. No #8 2: 0% u~ Yes ~ Eustis Ave. 14 / 1.6% Yes 12 0.5% No  7/~ 9. 5% Yes i 1 1 I I EXHIBIT 6 ANNUAL CHANGE IN A VERA GE DAILY KEY 1,) Prior to Truck Axle Adjustment 2) After Truck Axle Adjustment TRAFFIC I I ! W~ X Rd. +822 + 785 Lake Trofford ~ N Immokalee Dr. ~ ~E +156 ~ +149 S +295 +281 Rd. Ma/n +247 +2J5 St. -666 -654 Eustis Ave. Mile -15 EXHIBIT 7 [ [ [ [ [ t 1 I. ! [ 0 I 2001 EXISTING TRAFFIC KEY 1) Annual Average Doily Traffic 2) Peak Season Doily Traffic/LOS .~) Peok,/Annuol Rofio  6, 822 10, J4J/LOS C Rd. 151.61~ We s N 9, 634 14, 606/LOS D 151.61~o Lake Trofford W E S Immokalee Dr. 16, 452 16, 443/LOS C ~ 99. 40~ ~ Rd. .5 Mfle 1 I 7,697 O. 050IL OS C 1,~0. 5 7~ 11, 590 8,902, 76.81~ Eustis Ma/n St. /LOS Ave. 11,115 11, 482/L OS D 105...zON ~'""'~11,115  11, 482,/LOS D 10J7. SOX EXHIBIT 8 PROJECTED PSDT IN 200J KEY 1) Without Project's Troffic/LOS 2) Project's Troffic 5,) With Project's Troffic/LOS WestdO_.qL~x F~d. ~ ~o,~o/~os o ~S,~Z2/LOS E I ~¢,~o~/~os E %%~ ~o, 52o/~os c 102 Loke Trofford Rd. ~ / 10,622/LOS C Immokqlee Dr. ~ ~ ~ ,%Ti/LOS c~ ~ 451/LOS O I I £usUs Ave. Mile ~ ~, ~S ~/L OS 118 11, 569/L OS O I I I I l 1 COLLIER COUNTY APPLICATION FOR WAIVER O1~ HISTORIC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME: SE lmmokal~ l~vi~_ali~tion DATE: LOCATION (COMMON DESCRIPTION): North of Road Avenue, South of Rose Avenue, _and North of Eustis Avenue ~ of First Street South. In general, the pro_oerty directly north of Rose Avenue __and along Fahrney Avenue. SUMMARY OF WAIVER REQUEST: Property con~i~s of cleared land with no historical or archaeological value to Immokalee and Collier County residents. I ! l ! SECTION ONE: A. Name of applicant(s) Co APPLICANT AND PROPERTY OWNERSHIP DATE (if other than property owner, state relationship such as option holder, contract purchaser, lessee, ~stee, etc.): E .mpowerment Alliance of SW Florida - Community Development Corporation Mailing Address: 2400 Tamiami Trail North, Suite 300, Naples, Florida 34103 Phone: (941) 566-8936 FAX: (941) 649-5337 Name ofagent(s)forapplicant, ifany: Vincent A. Cautero, AICP, Vice Presidem of planning, Wlli&qon & Associates, Inc. Mailing Address: 3506 Exchange Avenue, Naples, Florida 34104 Phone: (941.) 643-6752 FAX: (941...) 643-5173 Name of owner(s) of property, if different than applicant: Not applicable. Mailing Address: Not applicable. Phone: (. .) FAX: (.~.) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of a,.hnri-~.tion ~om properPl' owner, s) (C) mtm be attached. Wilkiso~ & Asmo~ml~ I,,e.0012'1 Waiv~ ofHiatori¢ & Amh~logiml Survey & A.~e~m~ D~ ~m~ 5 2002 SECTION TWO.' SUBJECT PROPERTY DATA A~ Legal description of subject property. Answer only I or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books &Collier County. Subdivision Name: ~ Plat Book Page Unit Block Lot Section 3~ Township 47 south Range 29 east Note:Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Townsh~ and Range. If the applicant includes multiple comiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not descnl~e each individual parcel, except where differem zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the fight to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. See enclosed Warranty_ Deed & Boundary Sketch and Description (Exhibits A, B & C). B. Property dimensions Area: ~ square feet, or 7.251 acres acres Width along roadway: varies Depth: varies C. Present Vacant of property: D. Presem zoning classification: C-5, C-4, and RSF-6 SECTION TltREE: WAIVER CRITERIA/WAIVER REQUEST A. Properties located within an area of Historical/Archaeological Probability with low potential for historkal/archaeological sites may petition the Commtmity~' Development and Enviromnemal Services Admini.qtrator or his designee to waive the requirement for an Historical/Archaeological Survey and ~. The Community Development and Environmental Services Admini.qtrator or his designee shall review and act upon the waiver w~thin five (5) working days of receiving the application- The waiver request shall request adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: Not applicable. See e~losed letter 5, Ms. Janet Snyder Matthews, Ph.D., :, dated March 2001 fi.om Directc of. o. Il Ill " ' ' I [ 1 I 1 1 I 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Admlni~qcrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the ComnnmRy Developtmnt and Enviromnemal Servicea Administrator or his designee regardha~ the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial Any party aggrieved by a decision of the Corrnnunlty Development and Enviro~ Services Administrator or his designee regardln~ a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commi~ioners ut. ill-lng the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification 1. Interpretation of Aerial Photograph: No species of special recognition exist on the property_. I Historical Land Use Description: No attached letter dated March 5, 2001 Historical Resources) historic properties exit on the property (see from Florida Department of State Division of Land, cover, formation and vegetation description: Palmetto Prairie, Palmetto Prairie Disturbed and Disturbed Land. I I [ I This provision is to cover instances in which it is obvious that any archaeological or historic resources which may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development and Environmental Services Administrator may seek connsel of the Chairman of the Historic/Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. 0012. ! Waiver of Historic & Arch~ogical Survey & Asse~me~t JUN 2 5 2O02 Page3 of 4 12h~b~ 28, 2001 ~ '2_._ 1 S._ECTIO~N FOUR: CERTIFICATION A. ~.The applicant .~hall be respons~le for the accuracy and completeness of this application. Any tmae delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responm'bility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and ex[u"oits submitted shall be of a size that will fit or conveniently fold to fit imo a legal size (8 ½" X 14") folder. i Signature of Applicant or Agem Vincem A. Cautero, AICP, Vice President ofPlanning Wilkison & Associates, Inc. Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION SECTION FIVE: NOTICE OF DECISION A. The Co~ Develop~ and Environmental Services Admini.~zator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditiom on: (see attachment) [ 3. r e ied JUN 2 5 2002 i ' 00 IZ 1 Waiver ofHisto~c & An:heologicai Survey & Assessment ! Page 4 of 4 D~mmber 28, 2001 DIVISIONS OF I~ORIDA DI~Ait~ OF. S~o .. g ' [ Mr. V'mcent A. Cautero Wiikis°n & A,vociat~ Inc. 3506 Exchange Avenue Naples, Florida 34104 FLORIDA DEPARTMENT OF STATE Katherine Harris DmSlON OF ItmOmc sOCrRCm DHR Project File No. 2001-01750 USDA- Rural Utilities Service Proposed Farmworker Dormitory Housing Complex Immokalee, COHi~ County, Florida March 5, 2001 Our office received and reviewed the above referenced project in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended and 36 CFR Part 800: Protection of Historic Properties: The State Historic Preservation Officer (SHPO) is to advise Federal agencies as they identify historic properties 0isted or el{~ible for listing, in the l~afionalRegister of Historic Places), assess effects upon them, and consider alternatives to avoid or minimize adverse effects. We have reviewed the Florida Master Site File and our records and no historic properties are known to exist in the areas of potential effect. Therefore, based on the inforn}ation provided, it is the opinion of this office that no historic properties will be affected by these tlndertaking. If you-have.any questions concerning our comments, please conta~ Scott Edwards, Historic Preservation Planner, by electronic mail $~ward~mall.dos.state.fl.us. or at 850.487-2333 or 800-84?-72?8. Sincerely, Ph.D., Director' Division of Historical Resources , State Historio Preservation Officer . JSM/F~e R.A. GrayBuilding', 500~outhi~ronoughStree~ o T .all3har~,~a~.Za~,.CL~ o http://www.flherita~e.com {3 Director's Office O' Archaeological Research {~' Histmtc Preservation f3 Historical Museums (SSO) 488-148o · FAre 488-:L~S (85o) 487-2~9 * FAX: 4~4-:~07 (e,6o) 4s?-~ · FA~ 922.O496 (sso) ~8s..],ls4 * FAX: Historic Pensacola Preservation Board O Palm Beach Regional Office ~ St.'Augustine Regional Office CI Tampa Regional Office I ~ Exhibit A I 4 S01~Y20E I ~ ..... ~E~/4~c~ 3 I ! ! [ [ !' ! I 1 ! I [ I 1 i I 0 5O lO0 150 N 135. I UNE TABLE u I 25.oo I Nsa~6'~3'£ I L2 I 30.00 I sm~3'20'r § 2002 SIGNATURE ANo THE ORIGINALRNS~) SEAL OF A FLORIDA UCI:NSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~,~,~, WILKISON & ~1~1~ ASSOCIATES W W INC. 1 47-L-236-1 CONSULTING ENGINEERS AND SURVEYORS 5506 EXCHANGE A~.. NAPLES, FLA. 54.104 (94.1) 64,3--2404 FAX NO. (94.1) 643-5173 FLORIDA BUSINESS IJCENSE NO. I..B5770 sEc/sue w.o. NO. DRAWN ay [ FltE NAME I ,3/47/29 0012 EAW I F1REZ. DWG I SHEET F'B PG CHECKED BY I DWG. NO. I 1 OF 2 DJH I I I ~-'1 IAS NOTEDi 12/01 ~ ~,, _'il~_ :_~Oescrpban s S of Section 5, Township 47 South, Range 29 East, Cailler County, &eginnlng at the Northeasterly comer of ~ald Main Line Subdlgleion ae recorded in Plat Book 1 at Page 98 of the Public Recordl of Collier County, Rorlda; thence South 8rl6'53' welt' along the Northerly Boundary of saki Main Line Subdivision, and the Northerly Right-of. Way line of Role Avenue, and it~ weeterty._.projectian, for a distance of 869.93 feet; thence North 14'57'56~il1~, 135.71 feet; thence North 88'16'5.3"~L, 807.48 feet; thence South 01'03'20" East, a dbtance of 100.01 feet; thence North B8'16'53" East. 25.00 feet' to a point on the East Line of the Northwest 1/4 of the Southerner 1/4, of Saki Sectlo~ .3; thence South 01'03'20' East, along aald ecet line, for a distance of 30.00 feet' to the POINT CiE BEGINNING; Cantalning 108,153.33 ~quare feet or 2.4~3 saree, more or Ieee. Notes: 1. This is not o survey. 2. Basis of bearing is the NortheHy Right-of-Way line of Rose Avenue as being S 88'16'55" W. ,3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. AS NOTED DATE 12/01 SKETCH AND DESCRIPTION WlLKISON &: ~~1111~ ASSOCIATES INC. CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FI~ 34104 (941) 64.5--2404. FAX N0..(941) 643--5173 FLORIDA BUSINESS UCENSE: NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FILE NAME I 3/47/29 0012 EAW SHEET FB PG CHECXED BYI DWG. NO. I 2 OF 2 DJH I F1REZ.DWG 4.7-L-236-2 ,,~ JUN 2 5 2002 1 I l I ! I [ i I. I ! ! I 1 Exhibit B / / I I · ! ~T I'~... f I ~ I~ C 0 80 160 240 Oe. AWA~ AVeqU~ C'~' rr---F--T--T--q F----r--r--T- I I / t I I I I I I-- .... I I I I I I I I I I I I I I ', I L ...... 1 I I I I I I ~! ' ..... ' __k-~--~--.~-J, I ~_. I r ~----~--~--~1 ~' __ ' ~ L .... ~ r/ ~ I I I I I ~ , r .... 1 ..... z I ~ ~'~ ~_-.~/ : ~ , - I ~ . _ ..... 1. , I~ I 1 ; /~ ~ ....... i. ,- ~1 I~ ~ ~ .. i/ ~' ....... ' "~~ k~ ~ ~ ....... ~. .. ~ ' ~ ~ ....... 11 ...... ~ ~E ~ R~ ~ ~ A ~IDA u - C~ ~ ~ ~ [~ 3~ETC~ AND DE~IP~ON I I INC. I CONSULTING ENGINEERS AND SURVEYORS · 5o6 F_XCHAN(~ AVE. NAPLES FLA. ~0,~ (94.1) 643--2404. FAX NO. (94:~) 64~-5173 DATE I SHEET FB PO CHECKED ¥ II ~ ~.71]117 - I~. ~ I - a l l [ [ l l l I [ l l I ~escription: A portion of the Southwest one-quorter of Section 3, Township 47 South, Renge 29 Eost, of Collier County, Florido, together with lots 1 though 4 end lots 15 trough 17, Block 1, of the Mein Line Subdivision es recorded in Pier Book 1, Pegs 98 of the Public Records of Collier County, Florido, being more perticul(3Hy described (3s follows: Commence et the southwest comer of Section 3, Township 47 South, Renge 29 Eest, of Collier County, Floride; thence North 87'55'36' E(3et, (3long the south line of seid Section ;3, (3nd the centerline of Eustis Avenue for (3 distance of 40.00 feet; thence North 01'13'42' West, elong the Eesterly right-of-wey line of County Ro(3d 846 Immokelee Reed (First Street) for e distonce of 140.95 feet; thence North 14'57'36' East. elong the e(3steHy line of Block 2, which is (31so, the Westerly Une of the Former Atlentic Coest R(3ilroed Right-of-Wey, es depicted on the Pier of the M(3in Line Subdivision (3s recorded in Pier Book 1, Pegs 98 of the Public Records of Collier County, Floride, for e diet(3nce of 214.23 feet, to the POINT OF BEGINNING of the herein described percel; thence continuing North 14'57'36# Eest, (3long seid westerly right-of-w(3y, for e distonce of 529.32 feet; thence North 88'13'08' Eest, for (3 dist(3nce of 26.82 feet, to the NorthwesteHy Comer of of Block 2 of seid Mein Line Subdivision; thence North 14'57'36' East, for e distance of 141.48 feet; thence South 88'13'08' West, for e distance of 26.82 feet; thence North 14'57'36' East, for e distence of 62.66 feet to the southeesterly corner of Block 1 of seid Main Line Subdivision; thence South 88'13'08' West, elong the northerly rlght-of-w(3y line of E(3st Delewore Avenue ('D" Avenue) for (3 distence of 97.73 feet to the southwesterly comer of lot 15, Block 1 of seid Mein Line Subdivision; thence North 01'11'55' West, elong the westerly boundery of 1(3ts 15 end 4 of Block 1, of seid Mein Line Subdivision, for e distance of 438.13 feet, to the northwesterly corner of Lot 4. Block 1 of seid Mein Line Subdivision; thence North 88'13'08" East, elong the northeHy boundary of Block 1, for e distance of 125.85 feet, to the centeHine of Reilroed Street ebendoned by resolution as recorded in Official Records Book 214, Pages 24 (3nd 25 of the Public Records of Collier County, Florida; thence North 14'57'36" Eost, elong soid centeHine of ebendoned Reilrond Street, for e distance of 65.87 feet; thence North 88'16'55" East, for e distence of 100.25 feet to a point of cusp with a curve, conceve Northeasterly, having e redius of 28.00 feet end e centrel (3ngle of 106'40'43"; thence run NorthwesteHy, along the erc of said curve to the right, having e redius of 28.00 feet, through e centrel engle of 106'40'43", subtended by a chord of 44.92 feet et e bearing of North 38'22'46' West, for an arc length of 52.13 feet to the end of seid curve; thence North 14'57'36" Eest, for o distence of 66.77 feet; thence North 88'16'53" Eest, for a distance of 104.39 feet; thence South 14'57'36" West, for o distance of 135.71 feet; thence North 88'16'5..7," East, for a distance of 67.85 feet, to a point of intersection of the EasteHy Right-of-Way line of said Former Atlentic Coost Reilroad and the Northerly Boundnry of seid Mein Line Subdivision; thence South 14'57'56' West, elong said easterly right-of-wey line, for e distance of 552.44 feet, to its intersection with the Southerly Right-of-Wey line of Eest Delawnre Avenue("D" Avenue); thence South 88'13'08" West, for e distance of 67.88 feet; thence South 14-57'36' West, elong the for a distence of 490.55 feet; thence North 75'02'24" West, for e distance of 65.00 feet, to the POINT OF BEGINNING; Conteining 188,352.24 squere feet or 4.32 ecres, more or less. SKETCH AND DESCRII~tON.. ~ ! WI ' W W INC.~ I CONSULTING ENGINEERS AND SURVEYORS I ~IDA BU~NE~ U~SE NO. ~5~0 AS NOrD 3/47/29 0012 EAW I F~IDD.DWG DA~ t ~ ~ PG ~E~ BYI D~. NO. 12/01 I 2 OF3 DJH I 47-L-235-2 t 1 1 1 ! 1 1. i I [ l I Notes: 1. This is not o survey. 2. Bosis of beoring is the north right-of-woy line of Eost Eustis Avenue os being N 87'55'33' E. 3. Subject to eosements, reaervotions ond restrictions of record. 4. Not valid without Sheet 1 of 3 depicting Sketch of Description ond beoring the originol signoture ond embossed seol of o Florido registered Surveyor ond Mopper. 5. P.O.C. represents Point of Commencement, P.O.B. represents Point of Beginning. UNE TABLE LINE LENGTH BEARING L1 40.00 N87'55'36'E L2 140.95 NO1'13'42'W L3 214.23 N14'57'36"E L4 26.82 N88~13'08"E L5 141,48 N14'57'36"E L6 26.82 S88'13'08"W L7 62,66 N14'57'36"E L8 97.73 S88'13'08"W L9 63,87 N14'57'36"E LIO 100.25 N88'16'53"E L11 66.77 N14'57'36"E L12 67.85 N8816'53"E L13 67.88 S88q 3'08"W ,L14 65.00 N75'O2'24'W CURVE TABLE cur~lr^DlUSI RaTA IArC ~NGTHIO,ORO BEAR,NOI c.orD Cl I 28.00 1106'40'43'1 52.13 I N38m2'48'W I ~.92 SKETCH AND DESCRIPTI( ~:5 2OO2 AS NOTED DATE 12/01 CONSULTING ENGINEERS 3506 EXCHANOE (941) 64,,3-2404. FAX NO. 643-5173 FLORIDA BUSINESS ECENSE NO. LB5770 s~c/sua 3/47/29 SHEET 3 OF3 W.O. NO. DRAWN BY J 0012 EAW j F'B PG CHECKED BY j DJH J F'ILE NAME F4-MIDD.DWG DWG. NO. 47-L-255-3 Exhibit C IV I' ii- I L_ I I I ~11'- -- -- iI ~11- -. ---40' I I / / (- I I I i Wk .... I I I- I I I / .~' 'mL .... ,, .... /~ &-<F -' I · -4 F ~ I .-4 I"1'1 f~ f'fl JUN 2 § 2002 [ [ ! l l I Description A portion of the ~outhwest 1/4 of Section 5, Town~hip 47 South, Range 29 East, Collier County, Florida being a portion of the former Atlantic Coast Line Railroad Right-of-Way, os depicted on the Main Line Subdivision as recorded in Plot Book 1 at Page 98 of the Public Records of Collier County, Florida. COIdMENClNG at the southwest corner of Section ,3, Township 47 South, Range 29 East, Collier County, Florida, run North 87'55'55" East, along the south line of said Section 5, and the centeHlne of Eustls Avenue for 75.60 feet; Thence North 01'13'19' West for 30.00 feet to a point on the Northerly Right-of-Way line of Eustis Avenue and the POINT OF B'EGINNINC~;_ Thence North 14'57'56' East for 310.54 feet; Thence J~ 75~32'24'~---l~Je~t for 65.00 feet; Thence South 14~7'56' West, along the WesteHy Boundary of Block 3, and it's NortheHy Projection, of said Main Line Subdivision, for 290.45 feet, to a point on the NortheHy Right-of-Way line of Eustis Avenue; Thence South 87'55'5.3' West, along said NortheHy Right-of-Way line, for 67.98 feet to the POINT OF BEGINNING. Containing 19,524.91 Square Feet or 0.448 Acres more or less. Notes: 1. This is not a survey. 2. Basis of bearing is the north right-of-way line of East Eustis Avenue os being N 87'55'53" E. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description end bearing the original signature end embossed seal of e Roride registered Surveyor end Mopper. 5. P.O.C. represents Point of Commencement, P.O.B. represents Point of Beginning. SKETCH AND DESCRIPTION iWILKISON & TES Nc. m CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (:941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRA~tN BY FILE NAIdE AS NOTED 3/47/29 0012 EAW F4SE.DWG DATE SHEET Fi] PO CHECt(ED BY D~K~. NO. 12/01 2 OF 2 DJH 47-L-234-2 SE IMMOKALEE REVITALIZATION S3/T47S/R29E, COLLIER COUNTY, FLORIDA PROJECT DESCRIPTION The Comprehensive Plan Amendment is part of a larger project proposed being undertaken by the Collier Co-nty Housing Authority. In mid-2001 the Housing Authority announced plan.~ to consmact a 3044. bed do~itory for migrant farm workers to be constructed on a nine acre piece of property east of First Street South and north of Rose Avenue. The Housing Authority has entered into a contract agr~'ment with the Empowerment Alliance of SW Florida-Commnnlty Development Corporation to purchase property north and south of Rose Avenue and south of the dormitory site. The Alliance intends to develop the majority of the property into single-family lots and develop approximately 0.45 acres into an office, which will be zoned commercial The current land use of the 2.483 acres is CC-I (commerce cemer - industrial) and the request is to change it to HR (High Density Residential). The zoning change request is as follows: A C-5 RIVIF-6 2.483 B C-4 RMF-6 4.198 C RMF-6 C-4 0.574 JUN 2 5 2002 n.c Z ,,ADDITIONAL INFO.". ~EE-2001-AR-1934 PROJECT #2001120047 DATE: 3/19/02 FRED REISCHL 0012.1 Pmj~ De~a'-iption 3-11-02 Page I of 1 Wilkmm & Asao~!_,~_,/.ne.. REVISED- Mamh I 1, 2002 ENGINEER'S REPORT FOR S.E. IMMOKALEE REVITALIZATION Prepared for: Fred N. Thomas, Jr., Executive Director Collier County Homing Authority 1800 Farm Workers Way Immokalee, Florida 34142 Prepared by: Jared tL Brown, E.I. Project En~neer WlLKISON & ASSOCIATES, INC. ENGINEERS, SURVEYORS & PLANNERS 3506 Exchange Avenue · Naples, Florida 34104 (941) 643-2404 · 643-6752 Telephone' (941) 643-5173 Fax EB#5770 December 17, 2001 WA#0012.1 JUN 2 § 2002 I ! I ! [ [ [ I I l [ [ TABLE OF CONTENTS Section No. I. II. III. IV. V. VI. VII. Section Name Project Description Existing Conditions Proposed Development Potable Water Distribution System Sanitary Sewer Collection System Surface Water Management and Drainage System Paving Improvements APPENDICES Appendix A. B. C. Page No. 3 3 3 3 4 4 4 0012.1 Engineers Repo~ Wilkizon & Associate, Inc. Name Page No. Potable Water Distribution System Calculations 5 Sanitary Sewer/Potable Water Demand Calculations 8 Surface Water Management and Drainage System Calculations 9 JUN 2 § 2002 December 18, 2001 [ ! 1 ! [ E [ [ [ I ! S.E. IMMOKALEE REVITALIZATION I. Project Description In Collier County, there is a critical need for affordable single-family homing as well as temporary housing for employees engaged in the local agricultural industry. The S.E. [rnmokalee Revitalization project is designed to assist in alleviating those needs. This project proposes to improve roadways, drainage, and utilities in the area to provide service to a proposed 300 + room dormitory facility for migrant and seasonal farm workers and 6.8 acres of future single-family home development. H. Existing Site Conditions Existing roadways are owned and maintained by Collier County. The existing utilities are owned and maintained by the Immokalee Water & Sewer District 0WSD). The existing sanitary sewer collection system is in adequate condition and sufficient for a connection to it with a new gravity system. However, research indicates that the existing water mains on the existing Fahrney Street and Rose Avenue are under-sized, and will need to be replaced with larger, properly sized mains in order to provide proper potable and fire protection services. IH. Proposed Development The proposed infrastructure required to serve the single-family home tracts consists of a paved roadway (Fahmey Street extension), roadway improvements to Rose Avenue and Fahmey Street, a drainage collection system, sidewalks, potable water mains along the existing and proposed Fahrney Streets as well as along the existing Rose Avenue, and gravity sanitary sewer collection system along the Fahrney Street extension. IV. Potable Water Distribution System The project is located within the lmmokalee Water & Sewer District's service area. There is an existing 2" water main located on Rose Avenue, a 6" water main located on Delaware Avenue, and a 6" water main located on Eustis Avenue. This project will extend 8" water mains along the existing Fahrney Street from Eustis Avenue to Delaware Avenue and along the Fahrney extension between Delaware Avenue and Rose Avenue. In addition, the existing 2" water main along Rose Avenue will continue to serve the existing homes, but will be supplemented with an 8" water maifi. The potable water system will be designed to provide potable and fire flow demands to the home sites, as required by the Collier County Land Development Code (CCLDC), at 450 gpd per three bedroom home for the potable water demand and 750 gpm for the fire flow demand. It is expected that 1WSD will accept the potable water distribution system for ownership and maintenance upon construction completion of the projecL See enclosed Potable Water Distribution System Calculations and Kentucky in Appendix A. 0012.1 F. ngim~'s P. zport Wilkison & Associates, Inc. V. Sanitary Sewer Collection System The project is located within the lmmokalee Water & Sewer District's service area. There is an existing 8" gravity main located on Delaware Avenue. This project will extend the gravity sewer along the F~maey extension to serve the proposed single-family home sites along the Fahrney extension. The sani~ sewer collection system will be designed as required by the CCLDC, at 450 glxt per single family home. It is expected that IWSD will accept the sanitary sewer collection system for ownership and maintenance upon construction completion of the project. VI. Surface Water Management and Drainage System The proposed drainage improvements consist of constructing shallow swales along the back of many of the single-family home sites connected by pipes and inlets. Stormwater will be collected from the roads, lots, and dormitory site and conveyed to a proposed ouffall structure near the comer of Eusfis and 1~t Street. Water quality will be provided while attenuation of peak flow is not required by Collier County. VH. Paving Improvements The proposed paving improvements consist of replacing the existing Rose Avenue, paving a new road (Fahmey Street extension), and widening the existing Fahrney Alley. Rose Avenue is proposed to be replaced in order to center it within the expanded fight-of- way and to facilitate proper drainage. Fahrney Alley is being widened to meet current Collier County roadway standards. Wilkison & Associates, Inc. Page 4 of 9 December 18, 2001 APPENDIX A POTABLE WATER DISTRIBUTION SYSTEM C.ALCULATION. S : University of Kentucky Network Modeling Software * Cogyrighted by KPFS 1998 * : Version 1.200 - 01126/2000 VIII. I~molr, al~ lton~ing Proj~t Date & ILme: ~ue ~ug 1¢ 10:~0:11 2001 TABULATED OUTPUT FILENAME ........ C:\PROGRA~i\PIPE2000\DATAFI~i\0012.0T2 POSTPROCESSOR RESULTS FILENAME --- C:\PROGRA~l\PIPE2000\DATAFI~l\0012.~2 ************************************************ HEAD (HGL) .......... = feet P~SSURE ............ ~ psig J-10 Oorm~ory 796gpm Demand [ [ [ i J~ J-4 J~6 J-11 J~8 I I Assumed ~ 0012.1 Engineer's Report Wilidsou ac Associates, Inc. Pagc 5 of 9 December 18, 2001 .I I I i ! [ PIPELINE DATA STATUS CODE: XX -CLOSED PIPE CV -CHECK VALVE P I P E NODE NAMES LENGTH DIAMETER ROUGHNESS MINOR N A M E %1 %2 (ft) (in) COEFF. LOSS COEFF. P-1 J-12 J-2 1080.00 P-10 J-6 J-3 500.00 P-11 J-6 J-4 950.00 p-12 J-1 J-2 500.00 P-12 J-9 J-1 750.00 p-13 J-2 J-4 800.00 P-13 J-3 J-7 900.00 P-14 J-145psi Assu 200.00 P-2 J-5 J-7 550.00 P-3 J-4 J-5 120.00 P-4 J-5 J-9 492.00 P-5 J-7 J-10 250.00 P-6 J-10Dormitory 450.00 P-7 J-8 J-11 450.00 P-8 J-11 J-6 230.00 P-9 J-11 J-12 600.00 6.07 2.07 6.07 8.07 8.07 8.07 8.07 8.07 8.07 6.07 6.07 8.07 8.07 8.07 6.07 6.07 120.0000 120.0000 120.0000 120.0000 120.0000 120.0000 120.0000 120 0000 120 0000 120 0000 120 0000 120 0000 120 0000 120 0000 120 0000 120 0000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 [ [ END NODE DATA NODE NODE EXTERNAL JUNCTION EXTERNAL NAME TITLE DEMAND ELEVATION GRADE (gpm) (ft) (ft) 45psi Assu .... 30.00 Dorm/tory 795.00 30.00 J-1 0.00 30.00 J-10 0.00 30.00 J-11 0.00 30.00 J-12 0.00 30.00 J-2 0.00 30.00 J-3 0.00 30.00 J-4 0.00 30.00 J-5 0.00 30.00 J-6 0.00 30.00 J-7 0.00 30.00 · J-8 0.00 30.00 J-9 0.00 30.00 135.00 OUTPUT OPTION DATA OUTPUT SELECTION: ALL RESULTS ARE INCLUDED IN THE TABULATED OUTPUT SYSTEM CONFIGURATION I NUMBER OF PIPES ................... (p) ' 16 NUMBER OF END NODES ............... (J) - 13 NUMBER OF PRIMARY LOOPS ........... (1) ' 3 NUMBER OF SUPPLY NODES ............ (f) ' 1 NUMBER OF SUPPLY ZONES ............ (z) - 1 i Case: 0 RESULTS OBTAINED AFTER 4 TRIALS: ACCURACY = 0.00004 0012.1 Engineers Report J UN 2 5 2002 Page 6 of 9 Wilkison & As$ocia~, Inc. Decemlxx 18, 2001 [ [ [ SIMULATION DESCRIPTION {LABEL) PIPELINE RESULTS STATUS CODE: XX -CLOSED PIPE CV -CHECK VALVE P I P E NODE NUMBERS FLOWBATE HEAD MINOR LINE HL/ N A M E %1 %2 LOSS LOSS VELO. 1000 (gpm) (ft) (ft) (ft/s} (ft/ft) P-1 J-12 J-2 -95.57 1.14 0.00 1.06 1.06 P-10 J-6 J-3 26.83 9.49 0.00 2.57 18.98 P-11 J-6 J-4 68.74 0.54 0.00 0.76 0.57 p-12 J-1 J-2 464.38 2.45 0.00 2.91 4.90 P-12 J-9 J-1 -330.62 1.96 0.00 2.07 2.61 p-13 J-2 J-4 368.81 2.56 0.00 2.31 3.20 P-13 J-3 J-7 26.83 0.02 0.00 0.17 0.02 P-14 J-145psi Assu -795.00 2.65 0.00 4.99 13.27 P-2 J-5 J-7 768.17 6.85 0.00 4.82 12.45 P-3 J-4 J-5 437.55 2.12 0.00 4.86 17.66 P-4 J-5 J-9 -330.62 5.17 0.00 3.67 10.51 P-5 J-7 J-10 795.00 3.32 0.00 4.99 13.27 P-6 J-10Dorm/tory 795.00 5.97 0.00 4.99 13.27 P-7 J-8 J-11 0.00 0.00 0.00 0.00 0.00 P-8 J-11 J-6 95.57 0.24 0.00 1.06 1.06 P-9 J-11 J-12 -95.57 0.63 0.00 1.06 1.06 END NODE RESULTS NODE NODE EXTERNAL HYDRAULIC NODE PRESSURE NODE NAME TITLE DEMAND GRADE ELEVATION HEAD PRESSURE (gpm) (ft) (ft) (ft) (psi) 45psi Assu Dorm/tory J-1 J-10 J-11 J-12 J-2 J-3 J-4 J-5 J-6 J-7 J-8 J-9 795.00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0.00 0.00 135 00 109 08 132 35 115 05 128 12 128 76 129 89 118 39 127 33 125 22 127 88 118 37 12812 130.39 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 105.00 79.08 102.35 85.05 98.12 98.76 99.89 88.39 97 33 95 22 97 88 88 37 98 12 100 39 45.50 44.35 36.85 42.52 42.79 43.29 38.30 42.18 41.26 42.41 38.29 42.52 43.50 SUMMARY OF INFLOWS AND OUTFLOWS (+) INFLOWS INTO THE SYSTEM FROM SUPPLY NODES (-) O~T~S FRO~ THE SYSTEM INTO SUPPLY NODES NODE FLOWRATE NODE N~ME (gpm) TITLE 45psi Assum 795.00 NET SYSTEM INFLOW ~ 795.00 NET SYSTEM OUTFLOW - 0.00 NET SYSTEM DEMAND - 795.00 HYDRAULIC ANALYSIS COMPLETED 0012.1 t~.%~,ineer's P.~pmt Wilkison & Asso~iz~s, Ira:. Page 7 of 9 December 18, 2001 APPENDIX B SANITARY SEWER/POTABLE WATER DEMAND CALCULATIONS I I [ Asmm~ptions: · Water demand in = sewer demand out. · 13 proposed three bedroom single family homes (lots 17-29 on site plan) · 304 bed Dormitory with 6 resident caretakers From CCLDC 3.15.3.26 LOS for Capital Sanitary Sewer Facilities · Single family home = 150gpd/bedroom · Dormitory = 50glXl/worker Dormitory Demand = 50gpd x (304 + 6) with peaking factor of 4.0 = 15,5OO x = 10.8 gpm = 43.2 gp_m peak flow Single Family Demand = 150gpd * 3 bedrooms * 13 homes = 5,850 gpd =4.1 gpm with peaking factor of 4.0 = 16.4 gpm peak flow Total Peak Water & Sewer demand for the projects = 59.6 gpm [ I ! 0012,1 Engineer's ~ W~!ki.~on & Associatm, Inc. Page 8 of 9 December 18, 2001 t L SURFACE LAND USE ~UMMA ~Y [ [ ! i I: I I i,~ [ i i I % Area (ac % Area (ac) Lois (39 .ss~ed) 6.75 17.8% 1.50 12.5% 1.05 5.3% _RJ_g_/'Tt_._of_ Way , 1,~__ .... 9.8% ........... 0~_83_.. _ .............. 0._.0.% ...... 0.__0 ..... _9._8%___. w~er ~ o.o - - - Total 8.4 2.: 1.1 Pervious Area = Pro APPENDIX C WATER MANAGEMENT SYSTEM CALCULATIONS (ac) Total Roof Pavement !Area (ac) 0.45 0.83 1.3 ect Area - Impervious Area ~ w^~. ~,. s~~ ~u~ 1. Fir~ I~h of ~ff C~a: ~ ~ Volu~ = (1") (Prd~[~e~ ..... ~a~ ~aB~.Vq!~ ~ ~ 0.70 ac-ff 2. % I ~.O~A q[~.., ria; ....... ;a. Si~ ~ = Prd~t ~ea - (~ke + R~0 ............ g~ ~ ~ ~ acm~ Vo~ ~ ~r~e R~d= 0.301=-ff ~e, ~u~ I ~o~ a~ a ~r ~ ~ of '0'~'~0- ~:ff- ........................ t ~ i ~uir~ D~ ~n~ = 75% of ~ uir~ Wat~ ~a~ Volu~ ~ ........... ~ vo~~ ~T ......... ~ ~'~/~ .............. and ele~dion i 0012.1 Eagin~'r's Report Wiikism & Associa~, Inc. I SE IMMOKALEE REVITALIZATION S3/T47S/R29E, COLLIER COUNTY, FLORIDA I PUBLIC PARTICIPATION MEETING ANALYSIS [ l [ I A public participation meeting was conducted in accordance with County regulations on December 18, 2001 at the offices of the Collier County Housing Authority, 1800 Farmworker Way, Immokalee, FL. Several members of the public were present along with representatives from Collier County (Fred Reischl and Marlene Foord) and the Immokalee Bulletin Newspaper. Also present were Mr. Fred Thomas, Executive Director of the Collier County Housing Authority; Ms. Barbara Cacchione, Enterprise Community Coordinator of the Empowerment Alliance of SW FL-Community Development Corporation; and Ms. Dottle Cook, Immokalee Program Director, also of the Empowerment Alliance. Mr. Vince Cautero of Wilkison & Associates, Inc. opened the meeting and provided a project description. Mr. Thomas and Ms. Cacchione also discussed their respective agencies' role in the development of the property. A few questions were asked by members of the public and answered by the presenters. A copy of the sign-in sheet is attached along with an article pertaining to the meeting that appeared in the December 27, 2001 edition of the Immokalee Bulletin. r [ 0012.1 Public Participation M~'ting Analysis Wilkison & Associates, Inc. December 28, 2001 WILKiSON & ASSOCIATES INCORPORATED Joe CONSULTING ENGINEERS AND SURV~ORS ~. ~/~ ~. 35~ ~C~NGE AVENUE 941-~3.6752 941.~-24~ F~ 941.643-5173 ~BY ~-:t/,~/a~ DA~ [ I I ,JUN 2 5 2002 ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE LrNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 7903N AND 7030S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF EAST EUSTIS AVENUE AND SOUTH FIRST STREET IN IMMOKALEE, IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM C-4 WITH MAIN STREET OVERLAY SUBDISTRICT (MSOSD) AND C-5 WITH A AGRI BUSINESS OVERLAY SUBDISTRICT (AOSD) TO RMF-6 AND FROM RMF-6 TO C-4 WITH THE MAIN STREET OVERLAY SUBDISTRICT (MSOSD); PROVIDING FOR STAFF ANq3 PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING FOR AN EFFECTiVE DATE. WHEREAS, Vincent A. Cautero, of Wilkison and Associates, Inc., representing Empowerment Alliance of SW Florida, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 3, Township 47 South, Range 29 East, Collier County, Florida, is changed from C-4 with the Main Street Overlay Subdistrict (MSOSD) and C-5 with the Agri Business Overlay Subdistrict (AOSD) to RMF-6 and from RMF-6 to C4 with the Main Street Overlay Subdistrict (MSOSD) in Immokalee and the Official Zoning Atlas Maps numbered 7903N and 7903S, as described in Ordinance 91-10.2, the Collier County Land Development Code are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions in Exhibit "B". JUN 2 5 2002 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED ANT) DULY ADOPIED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COI_TNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN .APPROVED AS TO FORM ANT) LEGAL SUFFICIENCY Mmjorie M. Student Assistant County Attorney RZ-2001 -A R- 1934/FR~'1o JUN 2 § 21 12 ~_ ~T UN£ 0~ ~ NW I/4. mE SW 1/4 OF" SECTION 0 50 100 150 THE ORIGINAL RAJ<~'n SEAL. OF A F~.O~IDA UC~S~Z) SU~',~r'YI~ AND I~P~ SKETCH AND D£SCRIPllON iWlLKISON & TES NC:. ~ CONSULTING ENGINE]~$ AND SURVEYCRS 350~ ID(CHAN~: A~ ~ ~ (9~1) 6~2~ F~ NO. (~41) 6~-5173 ~A aU~N~ ~ NO. ~5~0 ~ ~} ~c/~ ,.o. ,o.I~ ~,~ ~ ~ ~ lAS NO~ 3/47/29 0012 ~W FIE~.DWG '2/01 ~ ! OF 2 ~ DJHJ~ 47-~-236-t ~IDA .JUN 2 5 2002 ~oin ~e Subdi~si~. ~d ~e N~y R~t-o~Woy line of Rose ~h~nce S~h 01~3'20' Eo~ a ~t~ce ot t~.01 f~ th~ce N~h E*nib,t ~, ~'Page 2 of 8t AGE~DA I1T. J~ JUN 2 5 2002 ~,ST DELAWARE AVENUE ("D' AVE) t 0 80 160 240 ~ : DAVID J. IFr'~AT~'. PZ,~.M. (FOR TH'E  , ~ - ~= FLA. LIC.:NO. 5854 ~ ~ I ] ~-it-CZ (DA~ SIGNED) L ....... ~ ....... J ~E ORIGINAL RAISED SEAL CF ~T 'FUS~NU[_ . ....... ('E' A~[ _ ~- .... LICENSED SURVEYOR AND MAP°E~ L1 ~S~ UN[ ~ SI ,- ~ ~ - ~ :CH AND .... R. ~. - ~~ WlLKISON ~ ASSOCIATES ~ ~ ~NC. "ADDITIONAL INFO." RZ-200t-AR-1934 I SCALE PROJECT #2001120047 } FILED REISCHL LRE'v",$ED 2/06/02 BOUNDARY 2ONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE ~,VE. NAPLES, FL/,. .r-,~ 643-24C4 :AX NC. -':'LOR1DA BUS.NESS LICENSE : SEC./SUB I W.O. NO. [ DRAWN -' ~-~ 29: 0012 ~: .' --::': 'L - : S~EE- ~ PC, C"'- EC~i ES =v C.-"- EXhibit A, Fage a CT 8) JUN 2 5 2002 aortic? ct the Southwest one-auorter of Section 3, Townshi~o ~-7 Scurf,. ~cnoe 29 East, of Collier County, Florida, together with lots 1 though 4 and ~o~s 5 trough 17, Bloc~ ~, of the Main Line Subdivision as recorded in Plat Book !, Pcge g~ of the Pub'!: Records of Collier County, Florida, being more particularly described cs folios's: Commence at the southwest corner of Section .5, Township 47 South, Rcnge 29 East. Collier County, Florida; thence North 87'55'56" East, along the south line of said Section 5, and' the centerline of Eustis Avenue for o distance of 4.0.00 feet; thence North 01"15'42" West, along the Easterly right-of-way line of County Rood 846 Immokalee Road (First Street) for a distance of 140.95 feet; thence hiorth 14'.57'56" East, along the eosterty line of Block 2, which is also, the Westerly Line of the Former Atlantic Coast Railrood Right-of-Way, as depicted on the Plat of the Main Line Subdivision as recorded in Pi~t Book 1, Page 98 of the Public Records of Collier County, Florida, for a ~istonce of 298.~4 feet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 14'57'56" East, ~long said westerly right-of-way, for a ~istan:e of 24-5.10 feet; thence North 88'15'08" E~st, for a distance of 26.82 feet, to the Northwesterly Corner of of Block 2 of said Main Line Subdivision; thence North i4'87'56" East, for a distance of 141.4.8 feet; thence South 88'15'08" West, for ~ distance of 26.82 feet; thence North 14'57'56" East, for d distance of 62.66 feet to the southeasterly corner of Block 1 of said Main Line Subdivision; thence South 88"15'08" West, along the northerly right-of-way line of East Delaware Avenue ("9" Avenue) for distance of 97.73 feet to the southwesterly corner of lot 15, Block 1 of scid Main Li~.e Subdivision; thence North 01'11'55" West, o'long the westerly boundary of lots !5 and z cr Block 1, of said Main Line Subdivision, for o distance of 458.15 feet, tc '._ne nortnv, esterly corner of Lot 4, B!ock 1 of said Mai~ Line Subdivision; thence Nc. rtn _:~'~'.*¢*" E~st, c,3rc the northerly boundory of Block 1, for o distance of 125.85 feet, to t"e centerline of Roiirood Street obanaoned by resolution os recoraea ;n Official ~eco'.ds :_oak ?4, ~cces 24 ~nd 25 :f the Pcblic Records of Collier County, Z!orido; thence N~h I z'$'~'~6'' -*~ cicna scic centerline of abcndoned Railroad Street. fc~ a distance o~ 6~.~'~ ~eet; North 88'16'55" East, for a distance of ~00.25 feet to c point of cusp ,vth a curve, -onc~ve Northeasterly, having a radius of 28.00 feet end a central cngle cf ?once run Northwesterly, along the arc of said curve to ~ rlaht bsv!n,3 c r3dius c; 2~.C'© feet, through a central ong!e of 106'~0'45", subtended by a chord c* ~-4.9£ feet o ~e~rin~ of Nort~ 38'22'46" West, for on crc ;engtn of 52.15 feet to t~e end ef cur~e; thence North 14'57'56" East, for a distance cf 66.77 feet; thence ~'~, East, for a C;stance of 104.59 feet; thence South 14'57'56" West, for c distance :f ~:= ....... ther~e North ~'16'5~'' East, ~' : distcnce e~ 6-~ ;=~ feet. '- ~ :.:ir,: :~ intersection of the Easterly Right-of-Way line of said Former Atlantic Coast Roiiroc:d an: the Northerly ~oundarv of said Main Line SuDcivis;on; thence Sout,~ ~4'ffT']6" './vest. scid easter!',' riaht-o~]woy line, for a distance cf 552.4~- feet, to [ts [~tersection w:tn Scutheriy Riaht~-of-WdY line of East Dek~wdre Avenu'e("D" Avenue); thence SOUth West, f:r a distance of 67.88 feet; t,bence South 14'57'56" West, ~iong tne for : distance of 406.14 feet; mence North 75'02'24" West, for a distance o~ 65.00 ;eot, tc the POINT OF BEGINNING; Containing 182,878.59 sqcore feet or 4.198 acres, mire cr ! ~.., z£'. 12Z7 2 .' .3 ~ ,.' ,5 2 L~OUNg~.~':' , SKETCH AND DESCRiPTiON WlLKISON ASSOCIATES INC.~ CONSULTING ENGINEERS AND SJRVEVORS 5556 EXCHANGE '-"E. N~PLES, (9"'I) 64.3--2404 FAX NO. (94-1~ 643-~'73 :'LCRIDA BUSINESS LJCENSE NC. LB5770 '. SC.'~L-- ! ~EZ.'Z:J? W.O. NO. ] DRAWN BY ! , , I _, .--' -- Exhibit .A ¢Page 4 of 8/ JUN 2 5 2O02 -'1 Notes: !. This is no( a survey. 2. Basis of bearing is the north right-of-way line of East Eustis Avenue as being N 87'55'33" E. Subject to easements, reservotions and restrictions of recora. 4-. Not valid without Sheet 1 of .5 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. P.O.C. represents Point of Commencement. P.O.B, represents Point of Beginning. LINE TABLE LINE I LENGTH BEARING Z4- ! 40.00 N 87'55'56"E 140.95 NO1 '15'42"W 298.44 N! z-'57'56"E 26.82 N88'13'OS"E !Zl.48 N14'57'56"E L6 26.82 S88'15'08"W L7 :: 62.66 ~ N14'57'56"E L8 [ 97.73 L9 ~].~7 100.25 S88"15'08"W N!z'57'56"E LIO Lll L12 L13 L14 N88'16'53"E 66.77 NI4'57'56"E 67.85 N88'!6'53"E 67.88 S8713'08"W 65.0C I N75'O2'24"W CURVE RADIUS C1 28.00 CURVE TABLE BELTA ARC LENGTH CHORD BEARING CHORD 106'40'45" 52.15 N 58'22'46"W F£,:S--Z Z,/©6,,~2 BOUNDARY SKETCH AND DESCRIP~qOr,' ,~~ WlLKISON & ~ASSOCIATES CONSULTING ENGINEERS AND 5506 EXCHANGE t, VE. ~'i,',:uE;, :_~. (9~-I) 64.3-2404 FAX NO. :9~-1',. --LCR',DA BUSINESS~_ ~,:_,,~' F'~=: '43. __:~7--- Exhibit A ~ Page 5 of 8' JUN 2 § 2002 Ll 0 --Ct_ ~ uz~ OLd> ~?' N, ' __ m .-------------~[ M,,(~',~C~./--gg ,96'/9 © N JUN 2 5 2002 Description A portion of the southwest !,/4 of Section 3, Township 47 South, ~cn=e 29 East, Collier County, Florida being a port[on of the former Atlantic Coast Line Railroad Right-of-Way, as depicted on the MaFn L;ne Subdivision as recorded in Plat Book 1 at Page 98 of the Public Records of Collier County, Florida. COMMENCING at the southwest corner of Section 5, Township 47 South. Range 29 East, Collier County, Florida, run North 87'55'33" Ecst, a!oqc the south line of said Section 5, and the centerline of Eustis Avenue for 75.60 feet; Thence North 01'15'19" West for .30.00 feet to a point on the Northerly Right-of-Way line of Eustis Avenue and the POINT OF BEGINNING; Thence North 14'57'36" East for .394.55 feet; Thence South 75'02'24" East for 65.00 feet; Thence South 14"57'36" West, (:long the Westerly Boundary of Block 3, end it's Northerly Projection, of said Main Line Subdivision, for 574.64 feet, to a point on the Northerly Right-of-W(]y line of Eustis Avenue; Thence South 8755'55" West, aJong said Northerly Right-of-Way line, for 67.98 feet to the POINT OF BEGINNING. Containing 24-,998.85 Squ(]re Feet or 0.574 Acres more or tess. Notes: i. This is net a survey. 2. Basis of bearing is the norm ricn;-::-~¥:, :ne cf Scsi Eust s -' ,onCe 3s being N 87'55'33" E. Subject to easements, reservations and restr;.ctions of record. ~'. ,,~."~ va!ia 'w:tnoat Sheet i of 2 depicting Sketch cf Descri2t!:r s'-: bearing tine original signature and embossed seal of o Fiorld~ re,Ts-tared Surveyor (]nd M(]pper. 5. P.C.S. represents Point of Comma'cema-:. :.3._~. res'esau, ts :':'-: ; _-ne~;nning. 7. E'.SES; 5¢ 06/'02 BOUNCAR~. SKETCH AND DESCRIPTION WlLKISON TES INC, I CONSULTING ENGINEERS AND SUR','E' '?~S 5506 EXCHANGE ~',"E. ,~tl} 643-2404 rAN NO. JUN 2 5 2002 E?~ibit A ([~age 8 of 81 ~ AVPLAT200 I-AR1861 SHEET 1 OF 2 EXECUTIVE SUMMARY PETITION AVPLAT2001-AR1861 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 5 FOOT WIDE UTILITY EASEMENT AND A PORTION OF THE DRAINAGE AND GOLF COURSE EASEMENT LOCATED ON LOT 415, OF THE PLAT OF "RIVIERA GOLF ESTATES UNIT 2", AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH 111, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 5 foot wide Utility Easement and a portion of the Drainage and Golf Course Easement on Lot 415, of the plat of"Riviera Golf Estates Unit 2". CONSIDERATIONS: Petition AVPLAT2001-AR1861 has been received by Planning Services from Richard Doll, oWner and petitioner, requesting the vacation of a portion of the platted 5 foot wide Utility Easement and a portion of the Drainage and Golf Course Easement on Lot 415. The owner wants to build a swimming pool on the back of his house and needs to vacate these portions of the easements so that the new construction will not be encroaching into the easements. The Petitioner. will grant a relocation easement to Sprint along the south property line of Lot 415. Collier County and utility providers other than Sprint will not need a relocation Easement. Letters of no objection have been received fi.om Collier County Engineering Review, Collier County Public Utilities Division, Collier County Stormwater Management, Florida Power and Light Company, Sprint, Comcast, Riviera Golf Club, and adjacent property oWners. Zoning is P.U.D. This Executive Summary was approved by Greg Garcia in'Transportation on 5-28-02 and by Roy Anderson in Public Utilities on 4-16-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee fi.om the petitioner which covers the County's cost of advertising, recording and processing the Petition. AVPLAT2001-AR1861 SHEET 2 OF 2 GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR1861 for the vacation of a portion of the 5 foot wide Utility Easement and a portion of the Drainage and Golf Course Easement on said Lot 415; and 2. Authorize the execution of the Resolution by its Chairman; and 3. Direct the Clerk to the Board to record a certified copy of the Resolution and to record the Grant of Easement from Richard Doll and Janet M. Doll to Sprint Florida, Inc. in the Official Records, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: fT:',~-_~_ ~ tz:t~,~ Rick Grigg, P.S.M. Engineering Services DATE:~ Thomas E. Kuck, P.E. Engineering Services Director DATE: o(to~unity Development & Environmental Services I 2 3 4 6 7 8 9 10 11 12 RESOLUTION NO. 2002: RESOLUTION FOR PETITION AVPLAT2001-AR1861 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 5 FOOT WIDE UTILITY EASEMENT AND A PORTION OF THE DRAINAGE AND GOLF COURSE EASElvl~NT LOCATED ON LOT 415, OF THE PLAT OF "RIVIERA GOLF ESTATES UNIT 2", AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH !11, PUBLIC RECORD~ OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Richard Doll, owner and petilioner, 13 requests the vacation of a portion of the 5 foot wide Utility Easement and a portion of the Drainage and 14 Golf Course Easement on Lot 415, of the plat of"Rivien Golf Estates Unit 2", as recorded In Plat Book 15 13, Pages i 08 Through 111, Public Records Of Collier County, Florida; and 16 WHEREAS, the Board has this day held a public hearing to consider vacating said portion of the 17 5 foot wide Utility Easement and said portion of the Drainage and Golf Course Easement located on Lot 18 415, of the plat of "Riviera Golf Eatates Unit 2", as more fully described below, and notice of said public 19 hearing to vacate was given as required by law; and 20 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 21 convenient access of other property owners. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 23 OF COLLIER COUNTY, FLORIDA, that the County's and the Public's interest in the following 24 described portion of the above stated 5 foot wide Utility Easement and the following described portion of 25 the above stated Drainage and Golf Course Easement be and is hereby disclaimed, renounced and 26 vacated: 27 See Exhibit "A" attached hereto and incorporated herein, for legal description and sketch. 28 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 29 certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper 30 notation of this vacation on the recorded plat as referenced above. 31 This Resolution is adopted this day of ,2002, after motion, second 32 and majority vote favoring same. 33 34 DATED: 3:5 ATTEST: 36 DWIGHT E. BROCK, Clerk 37 38 39 Deputy Clerk 40 41 42 Approved as to form and 43 sufficiency: 45 46 Patrick G. White, Esq. 47 Assistant County Attorney BOARD OF COUNTY COMMISS~ COLLIER COUNTY, FLORIDA BY: James N. Colcrsa, Chairman JUN2§2002 MONTAUBON COURT NOTE:: LOT 41S RIVIERA GOLF ESTATES, UN*IT 2 PLAT BOOK 13, P&GF.S 108-111 MO_~_ 5' UoE. TO BE VACA TED ~NT TO ~ VACATg. D ! ! ! I I ! I I ! I I I l ! ! ! l ! ! POR TIQN OF 5' UTS TO REMAIN ! EXHIBIT ~A" SHEET I OF 1 AVPLA'I'2001 -AR1861 LEGEND ~ ~T LINE TABLE CURVE TABLE P~TR TION OF EXISTING 5' TO BE VACATED PORTION OF EXISTINq 5' U.E. TO REMAIN PORTION OF DRAINAGE & GOLF COURSE EASEMENT TO BE VACATED FOR LOT 41S ESrAIES~ Ut~T ~ A~ IeE~ aV PLAT BOGr ~ P~q~ES !08 Tt~OUO~ PROPOSED PROPOSED S' ~IDE 5' UTS EASEMENT UTS EAS~ CDiIJ~I*I~W~ AT THE NORItF_,4ST ~ OF LOT 41~, ~ GOLF* ESTATE~ UNIT Z ~ ~ ~ ~ ~ ~'0~ ~ ~ ~y~ ~ ~ LOT ~Y ~ A ~ ~ 5~,~ ~ ~ ~ ~~y ~ ~ ~ LOT 4t~' ~ ~'0~, ~ ~ ~ ~ ~ ~ LOT 4iS A ~ ~ ~ffi ~ ~Y ~ ~ ~ LOT 415 A ~ ~ I0.~ ~ ~ A ~r ffi A PORTION OF S~ WIDE U.E. TO BE VACATED SKETCH AND LEGAL DESC , JOINDER, CONSENT AND SUBORDINATION TO GRANT OF EASEMENT FIFTH THIRD BANK, being the owner and holder of that certain Mortgage recorded on 05/09/01, in Official Records Book 2821, Page 2961, of the Public Records of Collier County, Flodda, which Mortgage encumbers the land described in the PROPOSED 5' WIDE UTS EASEMENT hereby joins in and consents to the said easement. The joinder of the undersigned shall be construed to be a subordination of the lien referenced herein but in other manner shall it affect the priority of the lien of the undersigned's mortgage or the terms thereof. Executed this ,,?5?~day of ,j""~,-~u,,~/' ,20 oZ.. FIFTH THIRD BANK Name: Title: STATE OF ~ Oh//o COUNTY OF ~ N~l'¢/~-7~o~7 i HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the, County aforesaid to take acknowledgments, personally appeared .~h,'//r) C, /~r,~c./~ (name of party ,sig.ning),. /~r,, /~'f--,/~,~,,,, ,.,~e~'~,',~(title ' of party signing) of ~ 7'~r~/~,~ (n.~mfe of ~ortgagee), t(~ me known to be or shown to be by IP e,'.~,..~/ /~0~/~'~.~· (type of identification) the person described in and who e~(ecuted' the foregoing instrument and. she/he acknowledged before me that she/he executed same on behalf of ~, ~f-/~ 7'.~,',~Z~,n ,~.; ~VV[TNESS my~hand and official seal in the County and State last aforesaid this~day of ~1~,~.,/ ,20~/... / (SEAL) N& lq. EASEMENT It is hereby agreed that W. RICHARD DOLL and JANET M. DOLL, husband and wife, hereinafter called Grantors, for $1.00 and other valuable consideration, paid by SPRINT FLORIDA, INC., hereinafter called grantee, do grant, sell and convey unto Grantee a non-exclusive easement upon and across the property and described as follows: (~QMMENCIN(3 AT THE NORTHEAST CORNER OF LOT 415, RIVIERA GOLF ESTATES, UNIT 2, AS RECORDED IN PLAT BOOK 13, PAGES 10g THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.04~'04'01"W., ALONG THE EASTERLY LINE OF SAID LOT 415 A DISTANCE OF 53.37 FEET; THENCE S.33'20'17"W., ALONG SAID EASTERLY LINE A DISTANCE OF 21.70 FEET TO THE POINT OF BEGINNING: THENCE S.33'20'17"W., ALONG SAID EASTERLY LINE A DISTANCE OF 54.62 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 415; THENCE S.89'21'07"W., ALONG THE SOUTH LINE OF SAID LOT 415 A DISTANCE OF 42.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 415; THENCE N.03'09'30"E., ALONG TEE WESTERLY LINE OF SAID LOT 415 A DISTANCE OF 10.21 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADI-tJS OF 140.00 FEET, A CENTRAL ANGLE OF 02'07'45", A CHORD BEARING OF N.77'02'36"E. AND A CHORD LENGTH OF 5.20 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 5.20 FEET TO THE END OF SAID CURVE; THENCE S.03'09'30W., A DISTANCE OF 6.31 FEET; THENCE N.89'21'07"E., A DISTANCE OF 34.00 FEET; THENCE N.33'20'lT"E.,A DISTANCE OF 41.90 FEET TO A POINT ON A CURVE TO TIdE LEFT, HAVING: A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 04'14'59", A CHORD BEARING OF N.47'33'03"E AND A CHORD LENGTH OF 10.35 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 10.38 FEET TO THE END OF SAID CURVE; THENCE S.56'39'43"E., A DISTANCE OF 2.45 FEET TO THE POINT OF BEGINNING. The easement herein granted shall be used only for the purpose of telephone of telephone utilities on the easement. The easement, rights and privileges herein granted shall be perpetual. The easement granted herein is non-exclusive, and Grantors reserve and retain the right to convey similar fights and easements to such other persons as Grantors may deem proper. This inslxument shall be binding on, and shall inure to the benefit of, the heirs, executors, administrators, successors, and assigns of the parties hereto IN WITNESS WHEREOF, this instrument is executed this / '7 P4 day of ~'~.~ ,o a,,/ ,2002. Signed and acknowledged In the presence of: FlfrA ~ C,~JltJN MY GOMMI,~I0~ # 00 0~4T$ E~I~S: Oc~t~ g, ~ W Richard4)oll Jati~t M. Doll nc, fJqt)A ~ JUN 2 5 2002 MONTAUBON COURT EASEI~NT~ RE~ERV, qrfl)V~ AND RESTRICTJZTN~ Of' RECDRa LOT 415 R/V'IERA GOLF ESTATES, UNIT 2 PLAT BOOK 13, PAGES 108-111 PORTION OF 5' UTS TO REMAIN ! ! 5' U.E, TO / BE VACA TED £4~EI~NT rD BE VACAT£,D PORTION OF I 1~ ~IBT ~Y ~ ~ ~ LEGEND LINE TABLE U ~ 1~1' L3 ~'~4~ ~' t~ ~3~ ~4' CURVE T~BLE I 1~' ~ ~ ~ N77~ 3 l~ ~'4~' ~8~ ~' 4 1~ ~ '~ '~ 74.4 ~ 71 ~ ~9 '~ ~ ~ $ 1~ ~'1~' 64~7' 6&71' ~'4~37'V. PROPOSED PROPOSED 5' ~FIDE 5' UTS EASEHENT ~~~ ~~r ~ ~r ~ ~ tor ~,~ ~ ~ rsr~x ~r z ~s ~Y ~ A ~ST~ ~ 54.82 ~T ~ ~ ~~r ~ 4~5; ~ I~'0~, ~ ~ ~ ~ ~ ~ LOT 415 a ~ST~ ~ 42.~ ~T TO ~ ~S~Y ~ ~ ~ LOT ~f~ ~ N.~'~, ~ ~ ~y ~ ~ ~ LOT 415 A ~S~ ~ 10.21 ~T ~ A ~T ~ A A ~ ~G ~N.~2'~'[ ~ A ~ ~ ~* ~ ~ ~.~ ~ ~ N.~O'I~, A ~ST~ ~ ~l.~ ~ ~ A ~T ~ A ~ TO EXISTING 5' TO BE VACA TED PORTION OF EXI$ TING 5' U,E, TO REHAIN ?Z43' EA~t-NENT TO I~rNA1N PORTION OF DRAINAGE ~r GOLF COURSE EASEMENT TO BE VACATED FOR LOT 415 ESTATES, UNIT ~ AS I~ IN PLAT ~ ~J. PAGES I0~ 1HROUGH S.04~4'01'W, ALONG DiE E,~SY~LY ~ OF SAIO LOT ~15 A DISTANC~ O~ F~ET TO a p{TINT ~4 A CURV~ T~ D'I~ Rt~HT, HAHN~.. a RADK~S OF ~ fl~Bqk~E S:~'17~ A ~ISTA~CE OF ,29.81 FEE~ THEHC:E S.89"21'07~ ,40ISTA~ OF' 27.4,~ FEET TO ,4 POINT OIV A N4:~VTA~ C~ TO ~ L~, HAVING: A RADII, IS OF' ~44~00 F~, A PORTION OF S' WIDE U.F,. TO BE VACATED ~ ~1PL,4TBO01~ 13, PAOE~ I0~ ~ lt~ OF' 1HEIaI,~UC RECORDS OF t,J~lttr'lt (~,INI~. Ig,.O~l~A: IJ~RCE S.O~'O~'OI'~Z, ALONG ~HE E.A~I~RLY LINE 0~' ~ LOT ~~A ~T~~~A~A~ ~ ~ ~ ~ ~ ~ 74.47 ~T ~ ~ ~ ~ ~ ~' ~ ' SKETCH AND LEGAL D Date Received: PETITION Attachment "B' FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: 6A Petitio her :~~~~~~k~__ Address: It'x ,.(--- ./'~_ ~. ~'~ ~ ~_ ,,~-/ ~__.,'/--' City/State: wJ~. A ~-~'-~- ,~'=L_ Agent: Address: City/State: Address of Subject Property: 1(~ .~. /x~)~../_7'"ad ~,,~ ~-]- Location: Section~ Township .=~"C~ Range Legal Description: Lot ~. ~ Block Unit.__~ Telephone: Zip Code:.~_~_l~_~ Telephone: Zip Code: Subdivision: u :o. -r= ~ Plat BookL~ Page(s)..Lo_j~ Reason for Request: Current Zoning: P I hereby authorize Agent aboy, e~ represent m~for this petition: Signature °f]Petitio-n~r ' / / Print Name [-'] Yes ~ No Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land tFUSt, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity,~ principals. List all other owners. . JUN 2 5 2002 Attachment "B" Page 4 of 4 I~ I~._ 8 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 304260 tDate 12/13/2001 8:20:10 AM Post Date 12/13/2001 IPayment Slip Nbr AR 1861 Appl Name: W RICHARD & JANET M DOLL Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 104 MONTAUBON CT NAPLES FL 34112 Proj Name: DOLL, W. RICHARD Type: RSF TAZ: 146 Subdiv Nbr: 1545 Project Nbr: 2001120015 Payor' W RICHARD DOLL Fee Information ' Fee Code Description ~ 12TRVC REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Total Amount!Waived $1000.00 1 $1ooo.oo I Payments Payment Code Account/Check Number Amount 'CHECK ~,570 $1000.00 Memo: Total Cash Total Non-Cash Total Paid $0.00 $1000.00 I $4000.00 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G AGF~4DA-m~m4 ' JUN 2 5 2002 - ~. ~ Collier C~¢":'.,' Board of County Commissioners CD-PIu5 .... v',"dows 95/NT Printed:12/13/2001 8:20:53 AM ALOREM TAXES AND NON-AD VALOREM ASSESSMENTS NOTICE 2001 COLLIER COUNTY OF AD V )UNT EARNED 4% IN NOV 13% IN DEC 12% IN JAN I1% IN FEB 10% IN V~-' ~ PAY IN U.S. FUNO~ ORAWN ON A U.S. BAJIK TO: :) ~ AO VALOnEM TAX~S COLUER COUNTY TAX COLLECTOR 1~47 · 100 3.9192 4.5710 2.5660 1.0071 .5265 1.6465 .0318 14.2681 576.52 com,~ 5 672.39 ~mom.. ~A~ 1 377 · 46 ~mOOL*Ur.~. 1 148.14 me, eme, 3 77.45 m~mm~. 2 242.20 ~.~ 2 4.68 ~.~. 7 2,098.84 21 ~URTHOUSE COMPU~C - ~G C-1 NAPLES, ~IDA ~1124997 --'-'~- I 159 I Em~COOE I DOLL, W RICHARD & JANET fl 104 MONTAUBON CT NAPLES FL 34112-7148 PAID - 01/11/26 2,137.0' RECt 5617.05 GUY L. CARLTON - TAX COLLECTOF 300070621240004 0000222611 0000000000 00000 8 JUN 2 5 WARRANIT DEED INDIV[D. TO INDIVID. £etum to: (enclo~d seli-~:ld.,es..~/stamped envelope) Name: Act~ T/dc c.,,rv~'c~ 3733 T~mmi Trail Naple.~, ~ 34i03 l%s I~mmem I~eps~d ~ WINDY ,~d~ 3733 Ta~ ~fl ~h ~ 3410~ 70~1~4~ File ~.: *** 2792469 OR: 2821 PG: 2960 *** OS/OJ/ZOOl at Il:tiM NI~T I. IIOCl, CLItl uc ~1 i.oO I250.30 tern: &~lOI TZTLI CO PI¢I ~ SFACE A~OVE TI"II$ LINE FOR RIT~ORDING DATA This Warranty Deed ~ ~e 4th ~yof ~y A.D. 2~I ~ JO~ ~ ~ wh~ ~ offi~ ~ is 10001 T~I ~IL N., NA~, ~ 34108 ~r ~ed ~e ~r, W W. ~ ~ JAN~ ~ ~ HUSB~ ~D ~ who~ ~ office ~ is 104 MO~A~N ~., N~, 34112 he~i~er ~I~ the ~tee: (~e~ver ~ he,in the ~ ~to~ ~ '~' ~clu~ ti~e pani~ to t~ in~ment ~d the heirs, le~ ~p~n~fi~ and ~ of i~d~, ~d the and ~i~s of co~fio~) Witne~th: ~t the ~ntor, for ~d in consi~mfion of the mm of $10.~ ~d ~ ~le consi~tions, ~ei~ whe~f is he~ ~owl~g~, he~ ~ts, ba~, gl~, ~ens, ~, ~1~, conveys and ~nfi~s unto the ~nt~ all t~t ~n ~d slate in ~er ~un~, S~te ~ ~o~ ~: LOT 415, ~VIE~ GOLF ~A~ UN~ 2, ACCO~ING TO ~E FMT ~E~OF, OF ~CO~ IN ~T BOOK 13, FAGE(S) 108 ~ROUGH 111, OF ~E ~BLIC ~CO~S OF COLLIER COU~,.~DA. GRANTOR ~ARRANTS SUBJECT PROPERTY IS NOT HIS HONESTEAD PROPERTI, NOR CONTIGUOUS TO HIS HONESTEAD. Subject To covcnan~, con~fions, ~tnctions, ~afio~, iimi~tions, e~men~ and ag~cmcn~ of ~co~, if an~ taxks and ~mcnM for thc y~r 2~I and sub~ucnt yea~; and to all applicable ~ning o~inanc~ and/or ~t~ctions and prohibitions imbed ~ governmental authodfi~, if any, Tosethcr, ~th all the tenement, he~ditamcn~ and appu~cnanc~ thc~to ~lon~in~ or in an~ ap~inin~. To Have and to Hold, thc ~me in f~ simple forever. And thc grantor he~ covenanO ~th ~id grantee that the grantor is la~ully ~i~ of ~id land in fee simple; that the ~mntor ~ ~ fight and la~ul authon~ to ~11 and convey ~id land, and hereby wa~nO thc title to ~id land and ~fill defend thc ~me against the la~ claims of all In Witnc~ ~cmof~ ~ the ~id grantor has sign~ and ~al~ the~ p~nts the day and y~r fi~ a~ve ~cn. / ~nted N~e: ~ Wtme~ Signa~e 5igna~ ~nted N~e: WflnesS Signature Printed Name: f S~gn~ture STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 4th day WINFIELD who is/are ~rsonallv known to me or who has/have produced DRIVERS~LICEN$E as identification and who DID NOT take an oath. Notary ~.% state and ~_.~ty Aforesaid In' ~,,. ~,~2~,p~,u~,.~a ~ r~RA M. PELHAM- ' '- ) -' ~ .,< 00017o~ My Commission Exp=es: I ~:,_~"~e~ ~'~"'*~""~ A~.NI~A ITEM ' """°"" JUN 2 5 2002 MARSEILLE DRIVE BOULEVARO ~ITF__ ,! MONTAUBON CHAMONIX Iil LEANORE NO. SUBDIVISION 1. RIVIERA COLONY GOLF EST. (TRACT MAP) 2. RIVIERA GOLF EST. UNIT 1 PH 2 3. RIVIERA GOLF EST. UNIT 1 PH 3 4. RIVierA GOLF EST. UNIT 2 5. ROYAL WOO0 GOLF & COUNTRY CLUB UNIT 2 P.B. 10 12 t2 ~5 PG. i04-i08 108-109 110-11! i08-111 19-20 NO. SU JUN2§2002 I (d).O0'OC ~ -~v/~ (]NV ~.).0,'~, ~ .Z'g[ .g'gt (n)' (d)'~.O~,~C 5 2002 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Since~y yours, ... Date: JUN 2 5 2002 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 'November 5, 2001 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Mr. Richard Doll Winfield Companies 1001 Tamiami Trail N Naples, FL 34108 104 Montaubon Court, Lot 415 Riviera Golf Estates, Unit II Dear Mr. Doll: This office has reviewed your request to vacate the above-referenced site. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Barbara Olko Administrative Secretary CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineering tech\easement-r.o.w, vacation\104 montalbon ct.doc JUN 2 5 2002 W. RICHARD DOLL 104 Montaubon Court Naples, Florida 34112 (941) 774-3537 Cell: (941) 825-3954 dickiedoll(~.aol.com Oct. 19, 2001 Collier County Planning Department Attn: Rick Grigg Dear Mr. Grigg: I propose the following two easement changes for your consideration. Replace the 5' portion of the U.T.S. (Spdnt) or utility easement that diagonally bisects our rear yard with a new 5' easement that runs parallel with our side and rear yard property lines as indicated by the red hatch marks on our boundary survey. Create an additional 10.39' drainage and golf course easement running parallel to both our rear property line and the new Sprint or utility easement as indicated by the black x marks on our boundary survey. Enclosed is a copy of our boundary survey and a letter from Sprint dated Oct. 8, 2001. The best way to reach me is on my cell phone 825-3954. Your assistance is greatly appreciated. Sincerely yours, rrr~a 2002 FPL 4105 15th Ave. SW Naples, FL 34116 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours~ · - ~ 6.~+~ C~ ,.,/ Date: Please return signed and dated Letter of No Objection to: Richard Doll 104 Montaubon Court Naples, FL 34112 Thank You JUN 2 5 2002 _ Sprint Box 2469 Naples, FL 34106-2469 October 8, 2001 Mr. W. Richard Doll 104 Montaubon Court Naples, Florida 34112 RE: Proposed New Easement / Lot 415 Riviera Golf Estates Unit 2 Dear Mr. Doll: Upon reviewing the sketch and legal description of the proposed new easement for Sprint-Florida, Inc.'s utilities at your property located at Lot 415 Riviera Golf Estates Unit 2, we find it acceptable. Sprint-Florida, Inc. does not have any objection to the transfer of the existing easement as proposed in the aforementioned documents. A copy of the sketch and legal description is attached on this letter. If we can be of further assistance, please do not hesitate to contact us. Robert B. Whaley Engineer Manager- Naples RBW:ns cc: Chron File Attachment (1) JUN 2 5 2002 ( omcast 301 Tower Road Naples, FL 34113 Telephone: 941-732-3819 FAX: 941-992-1289 December 6, 2001 Richard Doll 104 Montaubon Court Naples, FL 34112 Re: Request for a Letter of Review and Recommendation on a Proposed Relocation Of 5 foot Utility Easement to the rear property line at 104 Montaubon Court. Dear Mr. Jassy, Comcast has no objection with the Relocation of the above referenced Utility easement. Sincerely, Scott Miller Design Coordinator 2002 Riviera Golf Club 48 Marseille Drive Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Date: /~F4~ ~-~/ ~00/ Please return signed and dated Letter of No Objection to? Richard Doll 104 Montaubon Court Naples, FL 34112 Thank You ITEM J UN 2 5 2002 .,. 2_0 Mr. Jim Nichols 108 Chamonix qourt Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, JUN 2 § 2~2 Mr. and Mrs. Jerry Richert 109 Cha~Qnix Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Annette Katz 105 Chamonix Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Mr. and Mrs. Raymond Hmura 101 Chamonix Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, JUN 2 5 2002 Mr. and Mrs. John Sweda 161 Marseille Drive Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Mr. Timothy Coleman 100 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours,,~_~4~~. ~_~~ Date: ~~d . ("/',, ~00I 313N 2 5 2002 Mr. and Mrs. Eugene Palmieri 108 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Mr. and Mrs. Carl Faust 112 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Mr. and Mrs. Guy Powell 1 1 6 MontaUbon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: 2092 Mr. and Mrs. Dexter Spanitz 117 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, JUN 2 5 2002 Mr. and Mrs. Robert Malone 1 13 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2002 Mr. and Mrs. Jerry Marks 109 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Date: JUN 2 5 2O02 Mr. and Mrs. Demi Dimitroff 105 Montaubon Court Naples, FL 34112 To Whom It May Concern: I/We have no objection to the proposed relocation of the 5' U.T.S. easement and the drainage and golf course easement to the rear property line at 104 Montaubon Court. This is shown on a survey by Bruns & Bruns, Inc. Sincerely yours, Lot No 411 412 413 414 416 417 418 419 420 421 422 LIST OF PROPERTY OWNERS WITHIN 250' Ail zip codes are 34112 Name Annette Katz Mr. and Mrs. Raymond Hmura Mr. and Mrs. John Sweda Mr. Timothy Coleman Mr. and Mrs. Eugene Palmieri Mr. and Mrs. Carl Faust Mr. and Mrs. Guy Powell Mr. and Mrs. Dexter Spanitz Mr. and Mrs. Robert Malone Mr. and Mrs. Jerry Marks Mr. and Mrs. Demi Dimitroff Street Address 105 Chamonix Court 101 Chamonix Court 161Marseille Drive 100 Montaubon Court 108 Montaubon Court 112 Montaubon Court 116 Montaubon Court 117 Montaubon Court 113 Montaubon Court 109 Montaubon Court 105 Montaubon Court 409 410 JAMES W. NICHOLS, TR. GERALD F. & ALICE E. RICKERT 108 CHAMONIX COURT 109 CHAMONIX COURT JUN 2 5 2082 t~t~l to t#e herein 'described property an4 that su~k tttle vested t-, &~lricln'DestSn & Development Corporation of follo~s: F~ortda.eS recorded ~fl Offlc~&l ·eecor4 Boot /'/~/ pages '~. ~ "t~rOelh -- of tne Public Records ~T~ia~. AT. [r~ee~,k~d~r. ltt.or~e~-it-La~ ~tcensed ~n Florida " : COUhTT Or COL.Z£~)' de$crt'bed kereo~ has closed this pl.it entitled RIVI£~ GOLF ESTATES .o In)~ TVO to be .Bade'and-does heroh~ ·dedtcate~ the streets ltd easeaentS .is .skoe~ hereon to the 'perpetua] use dedicated to Collter'Count~ .upon acceptance ef the Improvements 7) ! d P I ll) STAT£ COUNT' 'du~ '~ Sucre) Of th4 execul ~n' tkq -tkere~ WITHE' · fo re] C_O~L'N?T CONN!ssIO" APP.~OV&L Count~ CeasisS~ener'~ ~f Co~t~r Co,'~ty, Fie'fido, this· diy of M~.'., 1964, A,D,, prevS~ed t~at the ia the e-~~¢ the Clerk ef till CirCuit. C~urt e¢ Cellter Ceuet;, F.)ortdt. ¢OblTv, FLOIIDA .'... I JUN 2 5 2002 Cee EXECUTIVE SUMMARY N OF A RESOLUTION AMENDING THE PARKS AND ADOPTIO ....... .~= n^~= SCHEDULE, WHICH IS IONAL FACILITIES IMPAq;! r== RECREAT ......... ~ ~uAOTER 74 OF THE COLLIER SCHEDULE THREE OF APPENUI~ CODE OF LAW AND ORDINANCES, AS AMENDED BY THE Cc~ULLNI~ COUNTY CONSOLIDATED IMPACT FEE ORDIANCE, AS AMENDED OBJECTIVE: Board of County Commissioners adoption of a Resolution amending Schedule Three of Appendix A (the Parks and Recreational Facilities Impact Fee Rate Schedule) of Chapter 74 of the Collier County code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended. CONSIDERATIONS: Collier County has used impact fees as a funding source for ~rowth-related parks and recreational facilities capital improvements since February 1989. The Board of County Commissioners established the current impact fee rates in May 1999. These rates have been in place for slightly more than three years. On March 15, 2002, the County executed a consultant contract, in the amount of $23,380, with Duncan Associates to update these fees to reflect the current level of service and current costs to provide parks and recreational facilities. The attached report describes the technical and legal framework and methodology used to complete this update study. The County's exceptional growth in the past three years, in conjunction with growing capital construction costs, which are largely driven by escalating land acquisition values, has necessitated an increase in impact fee rates. The proposed impact fees were presented to the Board's Development Services Advisory Committee (DSAC) on June 5, 2002. Representatives of the Collier Building Industry Association (CBIA) were also present. By a vote of five to four, the Committee opted not to recommend Board approval of the proposed new rates. Committee members cited concerns regarding the update study methodology, specifically the fact that all single- family homes greater than 3,000 square feet would be assessed at the same rate regardless of size differential. Although staff explained that impact fee rates are required by law to correlate to measured impacts on County infrastructure rather than to the size or value of the residential construction, the majority of Committee memberg present maintained their opposition to adoption of the proposed rates without further scrutiny of the methodology. Resolution - Parks & Recreational Facilities Impact Fee Update Page 2 In addition to updating the rates for residential construction, the consultant incorporated Hotels/Motels as and additional land use category to be assessed Parks and Recreational Facilities Impact Fees. This addition more widely distributes among future developments the pro rata share of the costs of constructing growth-related parks and recreational facilities. The consultant has agreed to develop, at no additional cost to the County, an indexation formula to facilitate manual parks and recreational facilities impact fee rate updates beginning in FY 03. This new provision will be presented to the Board at a later date. A comparison of the current and proposed rates is shown below in the Fiscal Impact Section. The attached resolution provides that the proposed rate schedule shall become effective, after adoption by the Board, upon filing with the Florida Department of State. GROWTH MANAGEMENT IMPACT: The proposed impact fee rates are designed to provide adequate funding for needed parks and recreational facilities capital improvements as documented in the Capital Improvement Element of the Growth Management Plan. FISCAL IMPACT: The anticipated increase in revenue to be generated by the recommended impact fee rates is $3.6 million per year. The following is a side-by-side comparison of the current and proposed impact fee rates: Commumty Parks Per i Regional Parks Per Combined Total Fee Per Dwelling Unit Dwelling Unit Dwelling Unit Land Use (Unincorporated Area) (County-wide) (Unincorporated Area) Currentt Proposed Current l Proposed Current Proposed S/F Detached , < 1,800 sq. ft. $571.02 $598 $249.82 $597 $820.84 $1,195 1,800-3,000 sq. ft. $571.02 $777 $249.82 $776 $820.84 $1,553 > 3,000 sq. lt. $571.02 , $919 $249.82 $917 $820.84 $1,836 < 1,000 sq. lt. $571.02 $471 $249.82 $470 $820.84 $941 1,000-1,700 sq. lt. $571.02 $531 $249.82 $530 $82084 $1,061 > 1,700 sq. fi. $571.02 $688 $249.82 $686 $820.84 $1,374 Mobile Home /RV (Pad) $571.02 $650 $249.82 $649 $820.84 $1,299 Hotel/Motel (Rm) N/A $381 N/A $380 N/A $761 Agenda. JUN 2 Resolution - Parks & Recreational Facilities Impact Fee Update Page 3 RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution, amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, promulgating the proposed Parks and Recreational Facilities Impact Fee rates with an effective date established upon filing with the Florida Department of State. Pfi]l Tififfall, Iml~act Fee Coordinator Reviewed by: 1 RESOLUTION NO. 2002- 3 A RESOLUTION OF TRE BOARD OF COUNTY COMMISSIONERS OF COLLrltR 4 COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF $ CHAPTER 74 OF TI~ COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, THE SA. MX BEING THE COLLIER COUNTY CONSOLIDATED IMPACT ? FEE ORDINANCE; INCREASING COMMUNITY PARKS II'PACT FEE RATES FROM $571.02 PER £QUIVALENT DWEI.LING UNIT (EDU) TO $74~.00 PER EDU; ALSO INCREASING REGIONAL PARKS IMFACT FEE RATES FROM $249.82 PER EDU TO 10 $746.00 PER EDU; ESTABLISIII~G TIERED RATES ASSOCIATED WITH VARIED 11 HOUSING TYPES AND UNIT SIZES; ADDING A NEW LAND USE CATEGORY FOR 12 HOTELS AND MOTELS APPLICABLE TO COMMUNITY AND REGIONAL PARKS IMPACT FEES; PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, on May 25, 1999, the Board of County Commi~ioll~l~ Of Collie' CORllty 16 adopted Ordinance No. 99-39, the Collier County Parks and Recreatiomal Fa~li~ies Impact Fee ! 7 Orctin:~nce, thereby establishing the County's then applicable par~ and recrr~ioanl facilities 18 impact fee rates, and, as such, those ra~s have been ia edfect for more tJma ~ (3) y~ars; and 19 WHEREAS, on March 13, 2001, the Board of Coumy Commissioners adopted 20 Ordinance No. 2001-13, the Collier Coumy Consolidated Impact Fee Ordinance, repe, almg and 2 ! supercedmg all of the County's then existing nnPact fee regulations, and consolidating all of the 22 County's mapaa fee regulations into tha~ Ordinance, codified as Chapter 74 of the Collier County 23 Code of Law and Ordinances (the Code), and incorporating the aforementioned parks and 24 recreational facilities impact fee rotes established by the adoption of Ordinance No. 99-39; and 25 WHEREAS, Section 74-502 of the Code states that impact fee studies should be 26 reviewed at least ever3' three (3) years, thus, the County has retained Duncan Associates (the 27 ConsLiltan0 to review the erds0.ng parks and recreational faciliues impact fees and recommend 28 changes to the fees where appropriate; and 29 WHEREAS, Collier County uses impact fees to supplement the funding of necessa~, 30 capilal improvements reqmred to provide public facilities to serve new population and related 31 d~velopment; and 32 WHEREAS, the County's exceptional growth in the past ~ree (3) years, in conjun~on 33 with sharply increasing parks and recreational facilities replacement costs warrants that the Board 34 should undertake proactive measures to match parks ami recreatioml facilities mvemory levels 35 with furore needs~ and 36 WBEREAS, the County's Consultant recommencls a commumty parks impact fee rate 37 increase from $571.02 to $748.00 l~t ~quivalent dwelling unit (EDLO (an mcre~ of $176.09); 38 and a regional parks impact fee rate mcre. ase from $249.82 to $746.00 per EDU (an increase of 39 S496.18); and 40 WEEREAS, the County's Consuliant also r~ommends establistring tiered impact fee 41 rotes rehrive to housing type and umt s~7~, as well as ~dding hotels ami motels as a r~w land us~ 42 category vath respect to these unpact fees, in order to more ~quitably distribute the costs of 43 acqmrmg public facilities based upon a rationa~l nexus relating costs recurred by fee payers to 44 infrastructure impacts created by various land uses; and JUN 2 5 ?0fl WI~REAS, sta~ has ~ghly reviewed the Co~ul~mt's Rudmgs a~l recommendations and concuzs with the recommended parks and recreauonal facilities impact fee rate increases a~ specified hereto. NOW, TH~RKFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMI~I~SSIONERS OF COLU~R COUNTY, FLORIDA, that: TI~ Board o~ Col.~ty Commi~-~iol~S ~ d~lare~ thai the parks axial l~=reatic}~la] faolities impact fee rates set forth m the revised Schedule Three of Appendix A of ~n~n~ No 2001-13, as amended, the Collier Coumy Consolidated Impact Fee Ordinn~ee, the ~ bem~ Schedule Thee o£ Appenct~x A of Chapter 74 of the Collier County Code of Law and Otdinn~, attached hereto, and incoq~orated by reference hereto as Exhibit "A' are fair and reasonable sums to be assessed to those who receive the benefit~ of new and expanded [=orks and n:o'eational facilities public facilities necessitated by mc~.ased population and related development. BE IT FURTHER RESOLVED that the revised Parks and Recreation unpact fee schedule shall take effect upon filing with the Florida Department of State. This Resolution is adopted after motioa, second and majority vote favonng adoption this day of 2002 17 ATTEST 18 Dwight E. Brock, Clerk 19 20 21 22 By 23 Deputy Clerk 24 25 26 27 Approved as to form 28 and legal sufficiency: 3o 31 32 Tho~nas C. Palmer, 33 Assistant County Attorney 34 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Colena, Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .6 17 APPENDIX A SCHEDULE THREE EFFECTIVE [DATEI PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Land Use Community, Parks Per Dwelling Unit {Unincorporated Area) Regional Parks Per Dwellin£ Unit (County-wide) Combined Total Fee Per Dwelling Unit {Unincorporated Area) Single-Family Detached Less than 1,800 sq. fl. 1,800 - 3,000 sq. fi. More than 3,000 sq. ft. $598 $597 $1,195 $777 $776 $1,553 $919 $917 $1,836 Multi-family Less than 1,000 sq. fi. 1,000 - 1,700 sq. fl. More than 1,700 sq. fi. $471 $470 $941 $531 $530 $1,061 $688 $686 $1,374 Mobile Home/RV Park {Pad) $650 $649 $1,299 Hotel/Motel (Room) $381 $380 $761 Note: Community Parks Impact Fees do not apply to the City of Naples, City of M~arco Island and Everglades City. Underlined text is added; ~ text is deleted. l A gend I1~/-[~-- _ 1 JUN 2 2002 PARK IMPACT FEE UPDATE prepared for COLLIER COUNTY, FLORIDA prepared by ~luncantassociates June 2002 Agen ~d~.~..~l~.~ J U N 2 -/ Contents Introduction ..................................................................... 1 Legal Framework ................................................................. 3 Benefit Districts .................................................................. 4 Service Unit ..................................................................... 5 Cost per Ser,=ice Unit ............................................................. 10 Revenue Credits ................................................................. 15 Maximum Fee Schedules .......................................................... 17 Assessment by Housing Tsq~e ................................................ 17 Assessment by Housing Type and Unit Size .................................... 18 Tables Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table 1: CURRENT LM-PACT FEES PER DWELLING UNIT ............................... 1 2: POPULATION GROWTH, 1990-2000 ........................................... 2 3: AVEIL~.GE HOUSEHOLD SIZE BY HOUSING TYPE, 1990 ....................... 5 4: AVERAGE HOUSEHOLD SIZE BY BEDROOMS, 1990 ........................... 6 5: BEDROOMS AND DWELLING UNIT SIZE ..................................... 7 6: EQUIVAI.ENT DWELLING UNIT MULTIPLIERS ............................... 8 7: TOTAL DWELLING UNITS BY JURISDICTION, 2002 ............................ 8 8: DWELLING UNITS BY TYPE AND JURISDICTION, 2002 ........................ 9 9: EXISTING RESIDENTIAL DEVELOPMENT .................................... 9 10: EXISTING PARK SERVICE UNITS ........................................... 10 11: EXISTING COz'vEWUNITY AND REGIONAL PARK ACREAGE ................... 12 12: PARK COSTS PER ACRE .................................................... 13 13: COMMUNITY PARK REPLACEMENT COSTS ............ : .................... 13 14: REGIONAL PARK REPLACFxM2ENT COSTS .................................... 14 15: PARK COST PIER SERVICE UNIT ............................................ 14 16: PARK DEBT CREDIT ....................................................... 15 17: PARK GRANT FUNDING, 1997-2001 .......................................... 16 18: PARK GRANT FUNDING CREDITS .......................................... 16 19: PARK NET COST PER SERVICE UNIT ........................................ 16 20: POTENTIAL PARK LM'PACT FEES BY HOUSING TYPE ........................ 17 21: COMPARISON OF CURRENT AND POTENTIAL PARK FEES ................... 17 22: POTENTIAL PARK EM-PACT FEES BY HOUSING TYPE AND UNIT SIZE ......... 18 Collier County\PARK IMPACT FEE UPDATE Introduction The County's community and regional park impact fees were last updated in 1999. The last park impact fee study was the "Rate Study for Impact Fees for Park and Recreational Facilities," prepared by Henderson, Young & Company in March 1999. The regional park impact fee is calculated on the basis of county-wide population, and is assessed on new residential development throughout the county, including within the incorporated municipalities of Naples, Marco Island and Everglades City. The community park impact fee is calculated on the basis of unincorporated county population, and is assessed only in the unincorporated areas. The county is not divided into benefit districts for either type of park fee. Collier County's current park impact fees are assessed on a flat rate per unit, regardless of housing type or urfit size. The current impact fees are shown in Table 1. Table 1 CURRENT IMPACT FEES PER DWELLING UNIT Fee Type Jurisdiction Amount Community Park Fee Unincorporated $571.02 Regional Park Fee County-Wide $249.82 Tota Unincorporated $820.84 Source: Collier County Government, Office of Financial and Records Management. The primary purpose of this study is to update the fees to reflect the current level of service and current costs to provide park facilities. The data used in tine last update was collected in 1998, so the current fees are based on four-year-old data. A secondary purpose is to take a fresh look at the impact fee methodology, ordinance and administrative practices, and to propose any refinements that might strengthen the legal defensibiliB, of the impact fees and promote other communiB, objectives. In particular, this study proposes to make four changes to the County's park impact fee system. 1) Differentiate fees by housing type and/or unit size. The current fees are assessed as a fiat rate per dwelling unit. Virtually all park impact fees vary by characteristics of the unit that relate to the number of persons Likely to reside in the unit, which in turn is related to the demand on park facilities. These characteristics include housing type (e.g., single-family, multi-family) and umt size (often square footage categories that correspond to the number of bedrooms). Currently, two of the County's impact fees 0ibraries and EMS) charge residential development on the basis of dwelling unit size categories, while others (schools, roads) are based on housing type. This study calculates the revised park impact fees two different ways: (1) by housing type alone and (2) by a combination of housing type and unit size categories. Take occupancy rates into consideration. The last study calculated a cost per person, based on permanent, year-round population, and appLied this to persons per occupied unit, without taking into consideration that not all units are occupied. We propose to base the fee on the cost per equivalent dwelling unit (EDU), which represents the park demand of a typical single-family home. This gets away from the problem of occupied versus total units or peak versus permanent population entirelr. Collier ~3urtty\PARK IMPACT FEE UPDATE 3) Charge hotels/motels. Tourists and vacationers also take advantage of the County's parks and recreational facilities, and many Florida communities charge park impact fees on new hotels and motels. This will not increase overall park impact fee revenues, but will result in lower fees for residential development than if hotds/motels were exempted. Calculate revenue credits appropriately. The previous report provided a revenue credit for fund balances in the impact fee accounts, but argued that there was no need for any other credits since the County intends to use only impact fees to fund park improvements. This is simply wrong. There is no need to provide a credit for fund balances, but it is necessary to provide credit for any outstanding debt on existing parks, and for anticipated grant funding, if applicable. Collier County's rapidly growing population creates demands for new park facilities in order to maintain acceptable levels of service in terms of parks and recreational facilities. Park impact fees are one way to help ensure that rapid growth does not degrade the level of service for park facilities. As shown in Table 2, the permanent, year-round population of the county grew at an annual compounded rate of 5.2 percent during the 1990s. ~q-dle the population of the incorporated cities of Naples, Macro Island and Everglades City only grew by 2.0 percent (which is still a significant rate of growth), the unincorporated area of the count5., grew by 5.8 percent. Overall, the county's population increased by two-tl~rds during the decade. Table 2 POPULATION GROWTH, 1990-2000 Annual Jurisdiction 1990 2000 Increase City of Naples 19,905 20,976 0.53% City of Macro Island 9,493 14,879 4.60% Ever~]lades City 321 479 4.08% Subtotal, Incorporated 29,719 36,334 2.03% Unincorporated 122,380 215,043 5.80% Total, County-Wide 152,099 251,377 5.15% Source: U.S. CensJs Bureau. Collier County\PARK IMPACT FEE UPDATE Legal Framework Impact fees are charges that are assessed on new development to help pay for the capital facility costs they impose on the community. Unlike other types of developer exactions, impact fees are based on a standard formula and a pre-determined fee schedule. Essentially, impact fees require that each new residential or commercial project pay its pro-rata share of the cost of new facilities required to serve that development. Since impact fees were pioneered in states like Florida that lacked specific enabling legislation, such fees have generally been legally defended as an exercise of local government's broad "police power" to protect the health, safety and welfare of the community. The courts have grad,ally developed guidelines for constitutionally valid impact fees, based on a "rational nexus" that must exist between the regulatory fee or exaction and the development activity that is being regulated? The standards set by court cases generally require that an impact fee meet a three-part test: 1) The need for new facilities must be created by new development; 2) The amount of fee charged must not exceed a proportional fair share of the cost to serve new development; and 3) .&Il fee revenues must be spent within a reasonable period of time and benefit the fee-paying development. These principles have some important corollaries, which ma5, be broadly categorized under the headings of "proportionality," "credits" and "benefit." The proportionalit3, rules require that the fees cover only those costs that can be attributed to new development. In addition, applicants must have the option of attempting to demonstrate that their development will have less impact on the need for public facilities than is indicated by the fee schedule. The credit rules are designed to ensure that new development is not overcharged. These rules address both revenue credits, which are calculated up-front in the preparation of the fee schedule, and construction credits, which are determined on a case-by-case basis prior to fee payment. Revenue credits reduce the impact fee schedules to account for any other revenues that will be generated by new development and used to retire debt for existing facilities or to construct new facilities. Construction credits are used to offset an indi~4dual development's impact fees by the value of required land dedications or other developer improvements or contributions for the same types of facilities. Finally, the benefit rules require that the fee revenues be spent within a reasonable period of time and within a reasonable proximity to the fee-paying development. The Horida courts have ruled that earmarking of funds for expenditure in the area in which they were collected is generally sufficient to establish reasonable benefit. ~There are six Florida cases that have guided the development of impact fees in the state: Contractors and Builders Association of Pinellas CounD' v. Cig.' of Dunedin, 329 So.2d 314 (FLa. 1976); Hollywood, Inc. v. Broward Coung,, 431 So.2d 606 (Fla. 1976); Home Builders and Contractors Associanon of Palm Beach Coung,, Inc. v. Board of Coung' Commissioners of Palm Beach Counu,, 446 So.2d 140 (Fla. 4th DCA 1983); Seminole Counu, v. City of Casselber%,, 541 So.2d 666 (Fla. 5th DCA 1989); CSt5,, of Ormond Beach v. CounD' of Volusia, 535 So.2d 302 0qa. 5th DCA 1988); and St. Johns Counu, v. Northeast Florida Builders Associauon, 16 FLW S264 (April 18, 1991). ' .*.~=nd~_I l~m JUN 2 S 2002 Collier County\PARK IMPACT FEE UPDATE While impact fees in Florida are primarily governed by case law, there are some statutory provisions that do apply. Section 235.26(1)(a), Florida Statutes, provides that public schools are exempt from impact fees: ...all public educational and ancillary plants constructed by a district school board or a community college district board of trustees shall conform to the State Uniform Building Code for Public Educational Facilities Construction, and such plants are exempt from all other state, county, district, municipal, or local building codes, interpretations, building penn3.ts, and assessments of fees for building permits, ordinances, road closures, and impact fees or service availability fees... Benefit Districts The Collier County, park system has evolved into a single county-wide resource. Facilities that are generally considered "regional" in terms of their use ( e.g., swimming pools, amphitheaters) are sometimes located in at parks that are officially designated community parks. Conversely, facilities that are generally considered 'communitT' in terms of their use (e.g., picnic pavilions, children's playgrounds) may be located at parks that are officially designated regional parks. For this reason, the system of separate benefit districts for community parks, in which ali park impact fee revenues collected are earmarked to be spent on parks within that same district, was discontinued as part of the 1999 update. The only remaining geographic distinctions are that regional park impact fees are charged county-wide and community park impact fees are charged only in unincorporated areas of the county. Community parks are provided by some local municipalities for the primary use of residents in the areas adjacent to such parks. The municipalities within Collier County provide such parks to their residents, with the County providing communi9~ parks to residents living in unincorporated areas. As a result, the Count?'s impact fee for communi~ parks is not charged within the cities. On the other hand, regional parks are designed to serve all residents of the county, including residents in the incorporated areas. Therefore, the Coung;'s impact fee for regional parks is assessed on all new residential development within the county. Collier County\PARK IMPACT FEE UPDATE i JUN 2 5 2002 Service Unit Disparate types of development must be translated into a common unit of measurement that reflects the impact of new development on the demand for park facilities. This umt of measurement is called a "service unit." The most common service unit used in park impact fee analysis, including the County's current park impact fees, is population. Population estimates are based on three factors: the number of dwelling units (and hotel/motel rooms for peak season population), average household sizes for various types of units and occupancy rates. The nurnber of dwelling units can be estimated with some degree of precision, and average household size has been declining somewhat predictably but has been stabilizing in recent years. Occupancy rates, on the other hand, tend to vary significantly over time, and not in predictable directions. Consequently, this report recommends the use of a service unit that avoids the need to make assumptions about occupancy rates. This service unit is the "equivalent dwelling unit" or EDU, which represents the impact of a typical single-family dwelling. By definition, a typical single-family unit represents, on average, one EDU. Other types of units each represent a fraction of an EDU, based on their relative average household sizes. Since the level of service for park facilities is measured in terms of population, demand for park facilities is proportional to the number of people in a dwelling unfit. Consequently, data on average household size for various types of units is a critical component of a park impact fee. The most recent and reliable data on average household size in Collier Count' is still the 1990 U.S. Census. Comparable data from the 2000 census ~411 not be available for at least another year. While 1990 census data is t~-elve years old, we know from a varlet7 of sources that the steep declines in average household size observed in the 1970s and 1980s have largely stabilized in the 1990s.2 The best available data source on average household size in Collier Count' is still the 1990 U.S. Census. Average household sizes for Collier County by housing types are available from the full census enumeration, consisting of 61,703 households. As shown in Table 3 below, average household size varies significantly by housing t~e, ranging from 2.02 persons per multi-family unit to 2.73 persons per single-family detached unit. Table 3 AVERAGE HOUSEHOLD SIZE BY HOUSING TYPE, 1990 Housing Type Population Households Av9. HH Size Single-Family Detached 81,965 30,025 2.73 Multi-Family 49,429 24,471 2.02 Mobile Home 16,205 6,819 2.38 Other 935 388 2.41 Subtotal, Households 148,534 61,703 2.41 Group Quarters 3,565 Total Population 152f099 Source; U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables) for Collier County from web site (http://venus.census.gov/ cdromAook~p). 2Nationwide, from 1990 to 2000, average household size declined from 2.63 to 2.59, according to the U.S. Bureau ~"'~[~ of the Census. In Florida, persons per household declined from 2.52 to 2.46 over the same perio& Collier County\PARK IMPACT FEE UPDATE June 1~2002, ! JUN2§ 2002 In addition, data are available on average household size by other housing characteristics, such as the number of bedrooms, from the 5 percent sample of households that filled out the long-form questionnaire. While the sample data for Collier County is combined with data from neighboring Morztoe County, the results should be representative of Collier County, which comprises two-thirds of the combined sample. As can be seen in Table 4, average household size is strongly related to the number of bedrooms in the dwelling unit. For example, a single-family detached unit with less than three bedrooms has an average of 2.19 persons, while a unit with more than three bedrooms averages 3.37 residents. Table 4 AVERAGE HOUSEHOLD SIZE BY BEDROOMS, 1990 Housing Type Single-Family Detached Less than 3 Bedrooms 810 3 Bedrooms 1,295 More than 3 Bedrooms 303 Sample Weighted Weighted Average Size Population Households Household Size 34,181 15,607 2.19 69,749 24,687 2.83 18,454 5,472 3.37 All Sizes 2,408 Multi-Family Less than 2 Bedrooms 406 14,188 8,258 1.72 2 Bedrooms 1,006 39,750 20,492 1.94 More than 2 Bedrooms 303 14,391 5,765 2.50 All Sizes 1,715 Source: U.S. Census BJreau, 1990 Public Use Microdata Sample (PUMS) 5% weighted sample data for Collier County and Monroe County combined. If the revised fees are based on dwelling unit size, it is recommended that the fees be based on square footage rather than number of bedrooms. Although some Florida counties charge park and school fees on the basis of bedrooms, it can be an administrative challenge to determine the number of bedrooms when there is a financial incentive to disgu/se bedrooms as something else (a den or storage room, for example). An alternative is to translate bedrooms into size categories, as is done in the County's library and emergency medical setw-ices impact fees. To convert single-family detached units with a certain number of bedrooms into square footage ranges, the consultant analyzed all single-family homes listed for sale in Collier County from the National Association of Realtors website (www.realtor.com). The on-line listings give square footage and the number of bedrooms for each home offered for sale. The correlation between bedrooms and square footage for multi-family units was derived from a sample of multi-family projects constructed over the last two and one-half years. The results are displayed in Table 5. Collier County\PARK IMPACT FEE UPDATE Table 5 BEDROOMS AND DWELLING UNIT SIZE Housing Type Single-Family Detached Less than 3 Bedrooms 132 3 Bedrooms 938 More than 3 Bedrooms 611 Sample Avg. Unit Unit Size Size Size (sq. ft.) Range (sq. ft.) 1,518 less than 1,800 2,157 1,800 - 3,000 3,773 more than 3,000 All Sizes 1,681 Multi-Family Less than 2 Bedrooms 140 649 less than 1,000 2 Bedrooms 234 1,391 1,000 - 1,700 More than 2 Bedrooms 181 2,031 more than 1,700 All Sizes 555 Source: Single-family detached data derived from all for-sate listings of single-family detached units in Collier Ccuntv from www.realtor.com on May 9. 2002; multi-family data from sample of multi-family projects constructed over last 2 1/2 years provided by Collier Cour~ty Office of Financial Management, April 30, 2002 memorandum; ranges broken at approximate midpoints between averages. In sum, the two characteristics that would be the most appropriate bases for assessing Collier Counq,'s revised park impact fees are housing t3,~)e or a combination of housing type and umt size. Since both approaches provide a defensible basis on which to assess park impact fees, the choice bet-ween them can be made on the basis of policy objectives or practical considerations. As described earlier, the proposed service unit for Collier County's revised park impact fees is defined as an equivalent dwelling unit, or EDU. An EDU is a unit that has an average household size equivalent to a tTpical single-family unit in Collier Count7'. The EDUs associated with each housing t3"pe and unit size categou; are shown in Table 6. Collier County\PARK IMPACT FEE UPDATE June r,O · __.../..~;g~/~ 2002, Page 7 JLIN 2 2002 Pg · /~-'" Table 6 EQUIVALENT DWELUNG UNIT MULTIPLIERS Average Household EDUs/ Land Use Size Unit Single-Family Less than 1,800 sq. ft. 2.19 0.80 1,800 - 3,000 sq. ft. 2.83 1.04 More than 3,000 sq. ft. 3.37 1.23 All Sizes 2.73 1.00 Multi-Family Less than 1,000 sq. ft. 1.72 0.63 1,000 - 1,700 sq. ft. 1.94 0.71 More than 1,700 sq. ft. 2.50 0.92 All Sizes 2.02 0.74 Mobile Home 2.38 0.87 Hotel/Motel /room) 1.40 0.51 ;ource: Average household size for all sizes of single-family and multi- family Jnits and for mobile homes from Table 3; average household sizes by size catgories based on average household size by number of ~)edrooms from Table 4 and correspondence between bedroom and square foot ranges from Table 5; average household size for hote!/motel rooms is based on one-half of average vehicle occupancy op vacation trips from U,S. Department of Transportation, Nationwide Personal Transporta#on Survey, 1995; EDUs/unit is ratio of average household size to single-family detached average household size. In order to determine thc existing level of service, it is necessary to estimate the total number of EDUs, both county-wide for the regional park impact fee, and in the unincorporated area for the communit-v park fee. The first step is to compile an estimate of existing dwelling units, which is summarized in Table 7. Table 7 TOTAL DWELLING UNITS BY JURISDICTION, 2002 Nsw Units, Jurisdiction 2000 Units 2000-2002 2002 Units Naples 16,956 Marco island 14,826 Evercjlades City 345 Subtotal, Incorporated 32,127 Unincorporated 112,409 Total, Collier County 144,536 182 17,138 460 15,286 20 365 662 32,789 10,460 122,869 11,122 155,658 'ource: 2000 units from 2000 U.S. census; new units 2000-2002 based on projections from Collier Cour~N Community Development and Environmental Services Division. 200! Demograph~ and Economic Prof#e. April 2001. p. 47. June~l, Collier County\PARK IMPACT FEE UPDATE The next step is to estimate the number of housing units by type in each jurisdiction. using the 1990 distribution of units by housing type, as shown in Table 8. Table 8 DWELLING UNITS BY TYPE AND JURISDICTION, 2002 HousinQ Type 1990 Units Distribution 2002 Units Single-Family Detached 5,794 38.27% 6,559 Multi-Family 9,196 60.73% 10,408 Mobile Home 152 1.00% 171 Total, Naples 15,142 100.00% 17,138 Single-Family Detached 3,783 34.24% 5,234 Multi-Family 7,259 65.71% 10,044 Mobile Home 5 0.05% 8 Total, Marco Island 11,047 100.00% 15,286 Single-Family Detached 144 77.42% 283 Multi-Family 30 16.13% 59 Mobile Home 12 6.45% 24 Total, Everglades City 186 100.00% 365 Single-Family Detached 27,026 40.25% 49,455 Multi-Family 30,141 44.89% 55,156 Mobile Home 9,982 14.86% 18,258 Total, Unincorporated 67,149 100.00% 122,869 Source: 1990 dwelling units from U.S. census {"other" units excluded}; distribution of units by housing type based on 1990 census; total 2002 units from Table 7; 2002 units by Wpe based on 2002 total units and 1990 distribution, This is done by The estimated dwelling units by tTpe and hotel/motel rooms for the incorporated and unincorporated areas of Collier ComaU, are summarized in Table 9. Table 9 EXISTING RESIDENTIAL DEVELOPMENT Unincorporated Total Land Use Cities Area County Single-Family Detached 12,076 49,455 61,531 Multi-Family 20,511 55,156 .75,667 Mobile Home 203 18,258 18,461 Total Dwelling Units 32,790 122,869 155,659 Hotel/Motel Rooms 4,047 4,452 8,499 Source: Dwelling units from Table 8; hotel/motel rooms from Collier County Office of Financial Management, May 10, 2002 memorandum. Collier County\PARK IMPACT FEE UPDATE June The final step in determining total service units is to multiply the number of existing residential units by the EDUs per unit calculated earlier based on relative average household sizes. To determine the t~tal EDUs for the purpose of the community park impact fee, the number of existing dwelling umts of each housing type in the unincorporated area is multiplied by the appropriate EDUs per unit and the results for all housing types are summed. The same approach is used county-wide to determine regional park EDUs. As shown in Table 10, there are 108,425 park service units (EDUs) in the unincorporated parts of the county, and 137,920 park service umts county-wide. Land Use Table 10 EXISTING PARK SERVICE UNITS Existing EDUs/ Total Units Unit EDUs Single-Family Detached Multi-Family Mobile Home Hotel/Motel (room) 49,455 1.00 49,455 55,156 0.74 40,815 18,258 0.87 15,884 4,452 0.51 2,271 Community Park EDUs, Unincorporated Area 108,425 Single-Family Detached 61,531 1.00 61,531 Multi-Family 75,667 0.74 55,994 Mobile Home 18,461 0.87 16,061 Hotel/Motel (room) 8,499 0.51 4,334 Re,qional Park EDUs, County-Wide 137,920 Source: Existi ng Jnits from Table 9; EOUs/unit for dwellings from Table 6; hotel/motel EDUs/room based or~ assumed occupancy of 1,4 persons, which is one-half of average vehicle occupancy on vacation trips from U.S. Department of Transportation, Nationwide Personal ?ranspor~r/on Surcey, 1995. Cost per Service Unit There is not necessarily a close link between the formal levels of service adopted by a community in its comprehensive plan and the methodology used to calculate impact fees. Generally, impact fees are based on the existing levels of service, rather than adopted or desired levels of service. In addition, the levels of service used in calculating park impact fees generally rely on the replacement value of existing park land and improvements, rather than on acres, since, for example, an acre of intensively-developed park land is not equivalent to an acre of open space or passive recreation land. This study continues the approach of basing the park impact fees on the existing level of service, and measuring that level of service in terms of the redo of the replacement valde of existing facilities to some measure of existing residential development. The difference is that instead of determining a cost per person, we will be determining a cost per EDU. An initial step in determining the current level of service is to identify the current inventory of park land owned by the County. The location of the County's existing community and regional parks are illustrated in Figure 1. As can be seen in Table 11, the County has 494 acres of communi~ park land ' ,-......,. and 604 acres of regional park land for a total of 1,098 acres, k--~ \--~ I' ! June }'002, Paoe 10 ~' ~ -- Collier County\PARK'..ACT FEE UPDATE Ll JON 2002 -- I Since the beach front is mostly developed, the County will not be acquiring much new land near the beach. The exception will be small sites for additional boat access. In addition, the County intends to acquire new sites for beach parking that will be shuttle lots from commercial areas west of US 41. Consequently, boat access and beach parking sites were inventoried separately from other regional park land. Other beach parks, excluding the portion used for parking, were included with other regional parks. Figure 1 LOCATION OF COMMUNITY AND REGIONAL PARKS Collier County\PARK IMPACT FEE UPDATE I JUN 2 6 2002 Table 11 EXISTING COMMUNITY AND REGIONAL PARK ACREAGE Facility Acres Eagle Lakes Park* East Naples Park Golden Gate Estates Park** Golden Gate Park Gulf Coast Park Manatee Property ** Max A. Hasse, Jr. Park Immokalee Park Immokalee Sports Complex Orange Tree Property** Pelican Bay Park Veterans Park Vineyards Park 37.30 41.45 120.00 35.O0 4.19 60.00 15.00 22.59 13.67 56.69 14.88 39,05 34.39 Total, Community Parks 494.21 Bayview Park Caxambas Park Cocohatchee River Park Goodland Boat Ramp 951 Boat Ramp 3.43 4.00 6.12 5.22 0.75 Subtotal, Boating Access Barefoot Beach Access Barefoot Beach Park (parking portion) Clam Pass Park (parking portion) Conner Park North Gulf Shore Access South Marco Beach Access Tigertail Beach (parking portion) Vanderbilt Beach 19.52 2.42 17.80 8.75 4.67 0.50 1.30 10.50 4.99 Subtotal, Beach Parking Barefoot Beach Park (excluding parking) Clam Pass Park (excluding parking) Gulf Shore Boulevard North Walkways Tigertail Beach (excluding parking) Jane's Scenic Drive Lake Trafford Park North Naples Regional Park** Su~]den Park Subtotal, Regional Parks Total 50.93 15.63 26.57 0.50 21.06 140,00 2,29 207.74 120.00 533.79 1,098.45 * excludes 100 acres used by Collier County Utilities for effluent ponds ** undeveloped Source: Acres from Collier County Property Appraiser records. Collier County\PARK IMPACT FEE UPDATE Recent park acquisitions were reviewed to update the costs per acre from those used in the 1999 park impact fee update. Due to the extremely rapid rate of land appreciation currently being experienced in Collier County, these recent costs were inflated by ten percent annually to approximate current land prices. Even so, due to the bargain price at which the County was able to purchase land for the new North Naples Regional Park, the cost per acre for regional parks was reduced from what was used in the previous study. The land costs used in this study are presented in Table 12. Table 12 PARK COSTS PER ACRE Community Park $87,000 Regional Park $36,000 Beach Parking $875,000 Boating Access $1,350,000 Source: Community park cost based on 1999 purchase of 8.03 acres for Golden Gate Community Center expansion for $525.000, inflated at 10% per year; regional park cost based on 2000 purchase of 207.74 acres for North Naples Regional Park for $6,242,085, inflated at 10% per year; beach parking cost based on value of one acre or larger commercial parcels west of US 41 in the vicinity of Vanderbilt Beach from Collier County review appraiser. Transportation Engineering ~ Construction Management Department. May 31. 2002 memorandum; beach access cost based on 1.69 acres for Lely Barefoot Beach purchased in 2001 for $4.75 million and 5.22 acres purchased for Goocflar~d Boat Ramp in 2002 for $4.588 million. The community park fee is used to acquire land for community parks and to develop facilities that are not regional in nature. These non-regional facilities tend to be located in community parks, but can also be located in regional parks. The estimated replacement values of the County's current community park land and non-regional recreational facilities are summarized in Table 13. Type Table 13 COMMUNITY PARK REPLACEMENT COSTS Units Unit Cost Cost Community Park Land (acres) 494.2 $87,000 $42,996,270 Bicycle Trail (miles) 64.10 $56,200 $3,602,420 Jogging Trail (miles) 9.00 $56,200 $505,800 Picnic Pavilion 30 $54,600 $1,638,000 Racquet Ball Court 22 $40,000 $880,000 Shuffleboard Court 22 $28,200 $620,400 Softball Field 14 $400,700 $5,609,800 Little League Field 6 $400,700 $2,404,200 Tennis Court 43 $40,000 $1,720,000 Baseball Field 5 $619,000 $3,095,000 Basketball Court 24 $40,000 $960,000 Playground 23 $103,000 $2,369,000 Community Center 6 $2,100,000 $12,600,000 Football/Soccer Field 14 $393,900 $5,514,600 Total $84,515,490 Source: Community park acres from Table 11; cost per acre from Table 12; other units and ~nit costs from CoIlier County Community Development and Environmental Services Division. Annual Update and Inventory Report on Public Fact?ities (AUIR), Parks Facility Inventory(9/30/01 ). November 2001. p. 26. except cost for community centers from Collier County Parks and Recreation Department. May 23. 2002. Collier County\PARK IMPACT FEE UPDATE The regional park impact fee is used to acquire land for regional parks and to develop recreational facilities that are "regional" in nature, regardless of whether they are located in regional parks. The estimated replacement values of the County's current regional park land and regional recreational facilities are summarized in Table 14. Table 14 REGIONAL PARK REPLACEMENT COSTS Type Units Unit Cost Cost Regional Park Land (acres) 533.79 $36,000 $19,216,440 Beach Parking (acres) 50.93 $875,000 $44,563,750 Boating Access (acres) 19.52 $1,350,000 $26,352,000 Multipurpose Center 2 $2,575,000 $5,150,000 Roller Hockey 2 $309,000 $618,000 Skate Park 1 $412,000 $412,000 Beach Parkin9 (space) 1,172 $3,000 $3,516,000 Amphitheater 2 $257,500 $515,000 Boat Ramp 11 $281,400 $3,095,400 Swimmincj Pool 2 $2,060,000 $4,120,000 Total $107,558,590 Source: Acres fromTable 11; costs per acre from Table 12: other units and ~nit costs from Collier County Community Development and Environmental Services Division, Annual Update and Inventor/ Report on Pu~l/c Fac/h~e$ ,'A ~'/R), Parks Facility inventory (9/'30/01), November 2001, p. 26. Dividing this total replacement cost of existing park land and capital improvements by the number of existing park service units (or EDUs) yields the cost per EDU to maintain the existing level of service. The cost to maintain the current level of service for community parks in unincorporated areas of the count3, is $779 per EDU, as summarized in Table 15. The cost per service unit to maintain the current county-wide level of service for regional parks is $780 per EDU. Table 15 PARK COST PER SERVICE UNIT Community Regional Parks Parks Park Replacement Cost Equivalent Dwellincj Units (EDUs) [Cost per EDU Total $1 f559.34 $84,515,490 $107,558,590 108,425 137,920 $779.48 $779.86 Source: Park replacement costs from Tables 13 and 14; EDUs from Table 10. Collier County\PARK IMPACT FEE UPDATE Revenue Credits New development should not be required to pay for new park facilities required to serve it through impact fees, while also having to pay for existing park facilities through property tax or other payments used to retire outstanding debt. In addition, new development should not have to pay for that share of new park facilities that will be funded through state or federal grants or other outside funding SOUrCeS. Collier County taxpayers are repaying two bond issues that were used in whole or in part to fund community or regional park improvements. In addition, the County is repaying a bank loan for park improvements. The County is using park impact fees to pay for a small part of the bond debt service and for all of the bank loan repayments. However, even if all of the debt would be retired with impact fees, and new development will not pay for the debt service through means other than impact fees, such as property taxes, a credit still should be provided for the outstanding debt. The park impact fees are designed to maintain the current level of service, and are based on the ratio of the replacement value of existing County park land and facilities to existing residential development. To the extent that the existing level of service is not completely paid for, however, some of new developments' impact fee payments will be used to pay for the existing facilities that are serving existing development, rather than for the new facilities needed to serve new development. One wax, to account for outstanding debt is simply to subtract outstanding debt from the replacement value of existing park facilities, so that the fees are based on the County's equity value in the facilities. Because it is difficult to determine what portion of the debt is attributable to community versus regional park land and facilities, the cost per service umt for each can simply be reduced by the same percentage. As shown in Table 16, outstanding debt for past park-related improvements amounts to 2.8 percent of the total replacement value of the County's community and regional park system. Table 16 PARK DEBT CREDIT 1996 Park and Recreation MSTU GO Refunding Bonds 1997 Special Obligation Revenue Bonds* Line of Credit with Nations Bank $1,560,000 $430,000 $3,304,921 Total Outstanding Debt Principal Total Park Replacement Value $5,294,921 $192,074,080 Percent of Existin~l Facilities Not Paid For 2.8% * total outstanding is $4.08 million, amount shown is portion attributable to parks Source: Outstanding debt as of September 30, 2001 from Collier County Finance Department; total park replacement value from Table 15. As noted above, the park impact fees should also be reduced to account for the likelihood that some growth-related park costs can be paid for with federal and state grants. Over the last five years, Collier County has received an average of $107,000 annually in grants for park improvements, as summarized in Table 17. / JUN 2 5 2OO2 Collier County\PARK IMPACT FEE UPDATE Grant Table 17 PARK GRANT FUNDING, 1997-2001 Date Description Amount Florida Dept. of Env. Protection 10/97 Florida Dept. of Env. Protection 10/98 Florida Dept. of Env. Protection 12/01 Coastal Impact Assistance Program 12/01 Florida Dept. of Env. Protection 12/01 Total Grant Funding, 1997-2001 Avera~le Annual Grant Funding Sugden Park - Landscape and Irrigation South Park - Ballfields/Bike Path Sugden Park - Bike Path around Lake Caxambas Park - Fuel Spill Clean Up Airport Park - Refurbish park Source: Lee County Human Services Department. April 13, 2002. $100,000 $100,000 $100,000 $104,704 $130,328 $535,032 $107~000 Since park grants can be spent on either community or regional park land or improvements, the credit will be allocated between them based on their relative share of total park replacement value. Based on recent funding and growth trends, the County has been receiving $22.22 in park grant funding for each new single-family unit or equivalent, as shown in Table 18. Table 18 PARK GRANT FUNDING CREDITS Community Regional Parks Parks Total Existing Facility Replacement Costs Annual Park Funding, 1997-2001 Annual New EDUs, 2000-2002 $84,515,490 $107,558,590 $192,074,080 $47,000 $60,000 $107,000 4,655 4,949 n/a Grant Funding Credit per New EDU $10.10 $12.12 $22.22 Source: Existing replacement costs from Tables 13 and 14; total annual park funding from Table 17; annual funding for community and regional parks allocated according to relative share of replacement costs; an nual new EDUs based on new housing units from Table 7 and average 0.89 EDUs per unit (total EDUs from Table 10 divided by total housing units from Table 7). Reducing the costs per service unit by the park debt credits and the anticipated grant funding per service unit leaves a community park net cost of $748 per EDU for new development in the unincorporated area, and a regional park net cost of $746 per EDU for new development throughout the county, as shown in Table 19. Table 19 PARK NET COST PER SERVICE UNIT Community Regiona( Parks Parks Total Cost per EDU $779.48 $779.86 $1,559.34 Debt Credit per EDU (2.8%) $21.83 $21.84 $43.67 Grant Fundincj Credit per EDU $10.10 $12.12 $22.22 Net Cost per EDU $747.55 $745.90 $1,493.45 Source: Costs per EDU from Table 15; debt service credits per EDU is cost per EDU times percent from Table 16; grant funding credits per EDU from Table 18. Collier County\PARK IMPACT FEE UPDATE Maximum Fee Schedules As discussed earlier, this report calculates t~o alternatives to the County's current method of charging a flat rate per dwelling unit, regardless of housing type or unit size. The first approach is to base the fees on housing type only. This is probably the most common approach to assessing park impact fees, and is consistent with how the County charges its school impact fees. The other alternative is to assess the fees on a combination of housing type and unit size. While not as common as the housing type approach, this approach is being used by more communities in order to take into account that larger units tend to have more residents and consequently have a greater impact on the need for capital facilities than smaller units. The County's road and EMS impact fees are charged in this way, and the County's library impact fees are charged strictly on the basis of unit size, without regard for housing type. Assessment by Housing Type The first option is to base the fees solely on housing type. This is accomplished by multiplying the number of equivalent dwelling units (EDUs) per unit associated with various housing types by the net cost per EDU of maintaining the existing level of service. These park impact fee calculations are presented in Table 20. Housin~l Type Table 20 POTENTIAL PARK IMPACT FEES BY HOUSING TYPE Community Perks Regional Parks EDUs/ Net Cost/ Net Cost/ Net Cost/ Net Cost/ Unit EDU Unit EDU Unit Combined Fee Single-Family Detached 1.00 $747.55 $748 $745.90 $746 $1,494 Multi-Family 0.74 $747.55 $553 $745.90 $552 $1,105 Mobile Home/RV Park (pad) 0.87 $747.55 $650 $745.90 $649 $1,299 Hotel/Motel {room) 0.51 $747.55 $381 $745.90 $380 $761 Source: EDUs per Jnit from Tables 6: net costs per EDU from Table 19. The revised fees by housing type calculated above are compared with the County's current park fees in Table 21. The significant potential fee increases are primarily attributable to the rapid appreciation of land values in the county. Because the County will be moving to a flat rate to one that varies by unit type, the potential increases are more dramatic for single-family detached than for other housing types. Table 21 COMPARISON OF CURRENT AND POTENTIAL PARK FEES Incorporated Cities Current Potential Potential Housing Type Fee Fee Change Single-Family Detached $250 $746 $496 Multi-Family $250 $552 $302 Mobile Home/RV Park (pad) $250 $648 $399 Hotel/Motel {room) $0 $380 $380 Unincorporated Areas Current Potential Potential Fee Fee Change $821 $1,484 $673 $821 $1,105 $284 $821 $1,299 $478 $0 $761 $761 Source: Current fees from Table 1; potentiat fees from Table 20. Collier County\PARK IMPACT FEE UPDATE Assessment by Housing Type end Unit Size If the County decided to assess park impact fees on the basis of housing type and unit size, the maximum fees that could be adopted are shown in Table 22. Note that while single-family detached, mobile/manufactured homes on individual lots and multi-family umts would be assessed based on the size of the unit, mobile home/PxV parks would be assessed per pad site and hotel/motels per room at the rates calculated above for housing types. Land Use Table 22 POTENTIAL PARK IMPACT FEES BY HOUSING TYPE AND UNIT SIZE Community Parks Regional Parks EDUs/ Net Cost Net Cost Net Cost Net Cost Unit per EDU per Unit per EDU per Unit Single-Family Detached Less than 1,800 sq. ft. 0.80 1,800 - 3,000 sq. ft. 1.04 More than 3,000 sq. ft. 1.23 Combined Fee $747.55 $598 $745.90 $597 $1,195 $747.55 $777 $745.90 $776 $1,553 $747.55 $919 $745.90 $917 $1,836 Multi-Family Lessthan 1,000 sq. ft. 0.63 $747.55 $471 $745.90 $470 $941 1,000 -1,700 sq. ft. 0.71 $747.55 $531 $745.90 $530 $1,061 More than 1,700 sq. ff. 0.92 $747.55 $688 $745.90 $686 $1,374 Mobile Home/FlY Park (pad) 0.87 $747.55 $650 $745.90 $649 $1,299 Hotel/Motel Iroom) 0.51 $747.55 $381 $745.90 $380 $761 Source: EDUs/unit from Table 6; net cost per EDU for community and regional parks from Talkie 19. In sum, the County has two reasonable opdons that are supported by the data and are administratively feasible. Whether to assess park impact fees by housing type alone or to assess by a combination of housing t3~e and unit size is a policy decision for the Board of Count3' Commissioners. Collier County\PARK IMPACT FEE UPDATE I JUN 2 EXECUTIVE SUMMARY. ~.~OPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF L/B/VS ~!~]O ORDINANCES, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMEMDED), INCORPORATINGS CHANGES TO THE AFFORDABLE HOUSING PROVISIONS TO UPDATE THE DEFINITIONS OF ELIGIBLE INCOME GROUPS AND TO EXTEND WAIVER AND DEFERRAL ELIGIBILITY STANDARDS TO INCLUDE OWNER-OCCUPIED RESIDENTIAL CONDOMINIUMS AND TOWNHOUSES OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance to amend Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 - (The Collier County Consolidated Impact Fee Ordinance, as amended). This amendment incorporates changes to the affordable housing provisions to update the definitions of eligible income groups to more closely conform to the State of Florida's State Housing Initiative Program (SHIP) and to extend waiver and deferral eligibility standards to include owner-occupied residential condominiums and townhouses. CONSIDERATIONS: On March 13, 2001, the Board of County Commissioners adopted Collier County Ordinance No.. 2001-13, the "Consolidated Impact Fee Ordinance," which now constitutes Chapter 74 of the Collier County Code of Laws and Ordinances. Ordinance No. 2001-13 became effective on March 19, 2001. This Ordinance is commonly referred to as the CIFO. In recent years, the cost of residential construction in Collier County has risen faster than income levels of very, very low, very low and low income families. As a result, it has become more difficult for families eligible for affordable housing waivers and deferrals to find homes to purchase that do not exceed SHIP cost limitations. These amendments to the CWO broaden the pool of eligible applicants by conforming to the income group definitions set forth by the SHIP program. Also, by adding owner- occupied residential condominiums and townhouses to the list of eligible dwelling unit types, these amendments addresses the shortage of available homes that qualify for waivers and deferrals. J Ulq 2 5 2002 Amendment to Ctmpter 74 of Code of Laws and Ordinances Page 2 SUMMARY OF AFFORDABLE HOUSING-RELATED IMPACT FEE ORDINANCE CHANGES Currently: 3 Levels of Benefit Very Low Income Low Income Moderate Income 0-50% Median Income (MI) 100% Waiver 5O-6O% MI 50% Waiver + 50% Deferral 60-80% MI 75% Deferral + 25% Paid Just owner-occupied single-family homes and duplexes are eligible. Proposed: 2 Levels of Benefit Very: Very & Very Low Income 0-35% + 35-50% MI 100% Waiver Low Income 50-80% MI 100% Deferral Owner-occupied single-family homes, duplexes, townhouses and condominiums would all be eligible. NOTE: In all cases with the proposed amendments, waivers and deferrals would be actually paid in to the appropriate impact fee fund accounts by the SHIP program. FISCAL IMPACT: Impact fee rate schedules are not being updated as part of these amendments. Implementation of these amendments will result in approximately $10,000 worth of additional waivers and deferrals per year; however, reimbursement funds are available from grant proceeds in the Housing and Urban Improvement SHIP Fund. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. Approval of these amendments will not adversely affect capital project funding. JUN 2 5 2002 Amendment to Chapter 74 of Code of Laws and Ordinances Page 3 RECOMMENDATION_: Subject to input at the public hearing, that the Board of County Commissioners adopt the attached Ordinance to amend Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001- 13 (The Collier County Consolidated Impact Fee Ordinance, as amended). SUBMITTED BY: REVIEWED BY: Impact Fee Coordinator Denny Baker, Business Manager Date: Date: APPROVED BY: // Date: ,/- J~oseph K. Schm~tt, Administrator .... (~/fCommunity Development & Environmental Services D~v~s~on AC~..N~)A ITeM JUN 2 5 2002 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 ORDINANCE NO. 2002 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), BY AMENDING THE AFFORDABLE HOUSING PROVISIONS TO PROVIDE FOR IMPACT FEE WAIVERS AND DEFERRALS FOR OWNER-OCCUPIED CONDOMINIUMS AND TOWNHOUSES; ADDING A DEFINITION FOR THE TERM "VERY, VERY LOW INCOME FAMILIES;" AMENDING THE DEFINITION OF THE TERM "LOW INCOME FAMILIES;" DELETING THE TERM "MODERATE INCOME FAMILIES;" PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, over the past three years, the cost of residential construction in Collier County has risen faster than income levels of very, very Iow, very Iow and Iow income families; and WHEREAS, County staff recognizes that the purchase of a condominium, townhouse or other type of multi-family, owner-occupied home can be more affordable for very, very Iow, very Iow and Iow income families; and WHEREAS, County staff desires to modify definitions of affordable housing income groups, as well as affordable housing benefit standards, in order to more closely model the State of Florida's State Housing Initiative Program (SHIP); and WHEREAS, these amendments to the affordable housing provisions will serve to increase the number of families that can receive affordable housing assistance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Article II, Subsection E in Section 74-201 of the Collier County Section 74-201. Imposition of Impact Fees. E. Affordable Housing Waiver or Deferral. 1. Pursuant to the requirements established in this section and Attic ,rlV, 2002 1 the County shall waive or defer, as applicable, the payment of the Impact Fee for any new 2 owner-occupied or rental Development which qualifies as Affordable Housing under 3 Article IV of this chapter. 4 a. Any Person seeking an Affordable Housing waiver or deferral for 5 proposed Development shall file with the County Manager an Application for waiver or 6 deferral, prior to receiving a Building Permit for the proposed Development. The 7 Application for waiver or deferral shall contain the following: 8 (1) The name and address of the Owner; 9 (2) An up to date, complete legal description of the site upon which 10 the Development is proposed to be located; 11 (3) The maximum income level of the Owner, or if the Owner is a 12 developer or builder, the income level of the household to which the Dwelling Unit is to be 13 sold or provided for occupancy; 14 (4) The number of bedrooms in each Dwelling Unit of the 15 Development. 16 b. If the proposed Development meets the requirements for an Affordable 17 Housing waiver or deferral as set forth in Article IV, the County Manager should enter into 18 an Impact Fee waiver or deferral agreement, as applicable, with the Owner or Applicant. 19 The Impact Fee waiver or deferral agreement shall be in lieu of prompt payment of the 20 Impact Fee that would then be due and payable but for the agreement. 21 2. With regard to any ~ single-family residences, residential 22 condominiums, townhouses or duplexes that are subject to Impact Fee waiver or deferral, 23 the County's interest in the Impact Fee may be subordinated to all first mortgages or other 24 co-equal security interests. Impact fee waivers and/or deferrals for only single family; 25 ~etach~'~l residences, residential condominiums, townhouses or duplexes, as owner 26 occupied dwelling units will automatically be subordinate to the owner's previously 27 recorded first mortgage and/or any government funded affordable housing loan such as 28 SAIL or HOME loan. 29 3. Impact fee waivers or deferrals may also be similarly subordinated in 30 the case of rental Multi-Family Dwelling Units, but only if the Owner provides additional 31 security satisfactory to the County such as additional or substitute collateral in the form of 32 cash or cash equivalent financial instruments which will yield the full amount of the 3,:3 deferred impact fees when they may become due and payable. 34 35 *** 36 37 38 39 SECTION TWO. Article IV, Subsection K in Section 74-401 of the Collier Count of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amem read as follows: 2 Underlined text $ added ............ '-.~ is deleted. JUN 2 5 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 38 37 38 39 Section 74-401. Impact Fee Waiver or Deferral. K. Agreements for the waiver or deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: 1. single family residences that are fully detached, and either owner- occupied or rental dwelling units, or 2. owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or 3. rental (leased) multi-family dwelling units. SECTION THREE. Article IV, Subsection A in Section 74-402 of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. A. The following sets forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals (herein referred to as "benefits"). 1. Definitions of Affordable Housing Income Groups. a. "Very, very Iow income families" means families whose incomes do not exceed fifty percent (35%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. a~ b_. "Very Iow income families" means families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. the 3fc3 by the Sccrct~ry of thc U.S. D~p~dm=nt cf Housing =nd Urbcn Development. c. "~te Low income families" means families ~ose incomes are more than sixty fifty percent (50% 50%) but do not exceed eighty percent (80%) of the median income for the area as determined by the Secreta~ of the U.S. DepaAment of Housing and Urban Development In no instance shall rental limits exceed the rent=l limits estabiished by the FI] Housing Finance Corporation for rents adjusted to bedroom size in projects assisted 3 Undedined tea is added; Stuck through te~ is deleted. ~rida ~der JUN 2 5 2002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. 2. Benefit Standards. a. Affordable Housing ownrr-occupie4 Dwelling Units which exclusively serve very, very Iow and very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms hereof. b. Affordable Housing rental Dwelling Units which exclusively serve very, very Iow, very Iow or Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms hereof. c. Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have pcrcent t~no/_~ ,.~ ,~. .... ';"'~-~'- Impact ~ ....... ;.,~d "",4 ~' .... ~;~+,, nnn hundred percent (8084~ 100%) of the applicable Impact Fee deferred pursuant to the terms hereof· d. ~,~,.,.,4,.,~.,,. ~ .... ; ............. p;,.,4 Dwelling '""~+~ red. red '" F~ .................. ~ ....~ ................. ' ~ d_· Development which meets the criteria set forth in Section 74- 401.A and 74-401.B constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms hereof. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional or by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be ch~ ngeu ~¢~,,,, ,-~,~,~, "section", "article", or any other appropriate word. JUN 2 5 2002 4 Underlined text is added; Stuck through text is deleted· - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I SECTION SIX: EFFECTIVE DATE. 2 This Ordinance shall be effective upon filing with the Florida Department of 3 State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk By:, Deputy Clerk By: Approved as to form and, legal sufficiency;"~'..~,~, ~; \ Patrick G. White,''J Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA James N. Coletta, Chairman Underlined text is added; Stuck thrcuc, h text is deleted. JUN 2 5 2002 - pgo ~