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Backup Documents 06/02/1998 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING OF JUNE 2, lgg8 Naples DatLy Ne~s Naples, FL 339&0 Affidavit of PubLication NapLes DaiLy Heys BOARO OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800440 57699988 NOT[CE OF PUBLIC MEE State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, uho on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising uss published in said neuspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ,mil setter 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 she has neither paid nor proatsed any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I~JSLISHED ON: 05/31 AD SPACE: 53.000 INCH F%LED Off: 05/31/98 Signature of Affiant '' ' ~ Svorn to and Subscribed before me this --"~ '\ . /// Personally known by me ,_ · /'~-- - I PUBLIC/V~EE TING BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA Tuesdoy, June 2 Ig99 Notice Is hereby given th~ ~e Collier Coun~ B~rd of C~n~ Cornels. ~toners will meet In B~rQ'$ Chom~r~ on Third FI~ o~ ~e Admin- F} ~ ~e Collier Coun~ Government du~ the business o~ Co~- liar C~ntv, ~ the st~e~ time onQ C~ies Of ~e t~' 5old meeting will be ~ode ovolloble to fha pres5 ond moy be fOined ~ the offiCe o~ fha County A~mlnl&fr ofor, some I~J~, ~me ~erJ. ~ of time. Any pers~ who e~ to o~eol o ~clslon of ~J$ ~d will need o C~d ol the proceedings e~ointng thereto, and eref~e may need to eh. sure ~ot 0 ver~lm re. c~ Of ~e ~eedln~ m~e, whlc~ re¢~ In. clH~s the ~sfl~nv ewae~e ~ ~lch BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, j FLORIDA BARBARA B, BERRY CHAIRMAN ' - DWIGHT E. BROCK, CLERK By:/~/~oureen KenYon D~u~ Clerk ~oy 31 No. June 2, 1998 COLI,IER COUNT%' BOARI) 01" COUN'I"Y COMMISSIONERS AG .--I~I)A Tuesday, June 2, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGFRgDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPF2%KERS MUST IAEGISTER Wl'Iql TIlE COUNq"f ADMINISTRATOR PRIOR TO q~IE PRESENTATION OF qqIE AGENDA ITEM TO BE ADDRESSED." REQUESTS TO ADDRESS ~ BOARD ON SUBJECTS ~{ICH ARE NOT ON ~{IS AGENDA MUST BE SUBMITTED IN ~{ITING WI~I EXPLANATION TO COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WIIO DECII)ES TO APPI':AIo A DECISION OF TillS BOARD WILL NEED A RECORD OF ~7[E PROCEEDINGS PERTAINING 'ITLERETO, AND THEREFORE MAY NEED TO F~NSURE ~TL~T A VERBATIM RECORD OF qT{E PROCEEDINGS IS MADE, WIIICI{ RECORD INCLUDES 77[E TESTIMONY AND EVIDENCE UPON W7[ICII ~IE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED gq FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TiM CI~IRMAN. ASSISTED LISTENING DEVICES FOR ~ IfF-ARING IMPAIRED ARE AVAILABLE IN ~ COUNTY COMMISSIONERS' OFFICE. LUNLU{ RECESS SCI~DULED FOR 12:00 NOON q~ 1:00 P.M. INVOCATION - Reverend Grant Thigpen, New Hope Ministries PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGFLNDA Approved and/or adopted with changes - 5/0 APPROVAL OF MINUTES PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of June 6 - 13, 1998 as National Homeownership Week. To be accepted by Sam Goodman, Vice Chair of the Affordable Housing Commission Adopted - 5/0 ' Page 1 June 2, 1998 2) Proclamation proclaiming the week of May 31 - June 6, 1998 as National Small Business Week. To be accepted by Nell D3rrill, Economic Development Council of Collier County, Dan Rege±ski and Suzanne Specht, Florida Gulf Coast University Small Business DeveloDment Center and Tony Ferrari Service Corps of Retired Executives (SCORE). ' Adopted - 5/0 SERVICE AWARDS Presented 1) Robert Costner - Road & Bridge - 25 years. 2) Rhonda Augustyn - Library - 10 years. 3) Harry Chancy - Compliance Services - 10 years. 4) Chartchai Isaroskul - Road & Bridge - 10 years. 5) John Marron - Stormwater - 10 years. 6) Janice Elliott - Parks & Recreation - 5 years. PRESENTATIONS 1) Added 2) Presentation of a plague to Lieutenant Michael Goguen for EMS Paramedic of the Year. Presented Presentation by Donna Fiala representing the East NapLes Civic Association, of a check for $17,000 to support the Davis Blvd. Phase I Median Beautificaiton Project (Staff's request) Presented ' 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF C~DINGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT ao 2) COMMUNITY DEVELOPMENT & ENVIRON]~q~AL SERVICES Community Development and Environmental Services Division report regarding Density Reduction, Transfer of Development Rights, and Clustering. Approved w/changes - Approved 5/0 Approve funding: Gulf Coast Runners Naples-On-The-Run - $3,500; Naples Girls Basketball Foundation Tournament - $5,000; Naples Sailing Center Youth Sailing Regatta - $5,650; North Naples Little League Sports Festival - $8,000 in Tourist Development Special Events Funds. Approved - 5/0 Page 2 June 2, 1998 3) 4) Request that the County Board of Commissioners acknowledge the scope of review applicable to reconsideration of a PUD Development Order pursuant to Section 2.7.3.4 time limits f3r approved PUD Master Plans, (PUD Sunsetting) of the Land Development Code. Approved as per the Executive Summary - 5/0 David Woodworth requesting an appeal of declaration of public nuisance - weed abatement Code Enforcement Case No. 71027-05 Record. Appeal Denied - 5/0 B. PUBLIC WORKS 1) Corridor study for the extension of Santa Barbara Blvd. Sou~k betwee Davis Blvd. And Rattlesnake Hammock Road. (Project No. 60091) CIE No. 32. Continued to 6/9/98 C. PUBLIC SERVICES D. SUPPORT SERVICES Moved from Item tl6D1 1) Award a Contract to Candito Management Group, Inc. for Food and Beverage Concession at the Main Government Complex and to Terminate the Agreement with the State of Florida, Division of Blind Services. Approved - 5/0 E. COU1TI"f ADMINISTRATOR 1) Fo County Administrator's reorganization plan. Approved; County Administrator to provide ratio of projects done in house versus those projects done via outside contracts. 3/2 (Commissioners Mac'Kie and Constantine opposed). AIRPORT AUTHORITY 9. CO~ A~I~D~'S REPORT Recommendation that the Board of County Commissioners authorize the settlement of the case of Collier County v. Bettye J. Matthews, Case No. 98-224-CC. Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS Appointment of member to the Isles of Capri Fire District Advisory Committee. Res. 98-177 Appointing Matt Crowder - Adopted 5/0 Page 3 June 2, 1998 Added B. Discussion regarding Animal Control and Pit Bulls. (Commissioner Hancock) Staff to review and provide a report with regard to dangerous animals/severity of attacks. 11. O~TfER ITEMS OT}IER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. Ty Agoston re codes relating to land clearing in Golden Gate Estates. Mary Dunivan requesting 4 laning of Immokalee Road all the way to Immokalee. PUBLIC HF2%RINGS WILL BE }{RARD 1-MM~.DIATELY FOLLOWING STAFF 12. AUVERTISED PUBLIC }[F2%RINGS - BCC A. COMPR/~[ENSIVE PLAN AMENDMEN"rs B. ZONING AME~q)MENTS 1) 2) An Ordinance amending Collier County Ordinance No. 86-41, as amended, the ordinance establishing standards for creation and review of county boards; amending Section Three, Creation of New Boards; renaming County Manager as County Administrator; amending Section Five, Qualifications and Requirements for Membership on Boards; providing that specific categories of expertise required to qualify for service on county boards are primarily directory and not mandatory; amending Section Seven, Term of Office; providing that all members of boards created by the Commission shall serve at the pleasure of the Commission; providing for extension of terms of board members; amending Section Nine, Review of Boards; updating the dates when existing advisory boards are to be reviewed; providing for the inclusion of new boards; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Ord. 98-46 - Adopted w/change 5/0 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing, in its entirety, Collier County Ordinance No. 76-63, as amended, abolishing the District 1 Municipal Services Taxing Unit; providing for Page 4 I I I II III I II I IIIIII I I II II II II I I I I I June 2, 1998 3) inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective d~te. Ord. 98-47 - Adopted w/change 5/0 Recommendation that the Board of County Commissioners of Collier County adopt an Ordinance amending Collier County Ordinance ~;o. 76-72, as amended, amending Section One, adding land and increasing the boundaries of the District 3 Municipal Services Taxing Unit; providing for corl£1ict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. Ord. 98-48 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. AD~FERTISED PUBLIC IfEARINGS 14. STAFF'S COMMUNICATIONS Collier County vs. State of Florida (Interim Governmental Services Fee Validation hearing scheduled for June 26, 1998 au 9:00 A.M. o County Attorney to draft Public Records Policy for the Board's review. 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS ao County Attorney to provide information re Nudist type operations being allowed as a conditional use in certain zoning districts. B. Upcoming Review of County Administrator's Performance 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 Added 1) COMMUNITY DEVELOPMENT & f/NVIRONMENTAL SERVICES Final Acceptance of Water and Sewer Facilities for Partridge Pointe, Phase 2. (This item was part of the printed agenda package - title was inadvertently removed from the Agenda Index). 2) Award of RFP 98-2780 and approval to sign agreement to provide Page 5 June 2, 1998 3) 4) Added 5) Deleted 1) 2) 3) 4) 5) 6) 7) legal counsel for the North Code Enforcement Board. Roetzel & Andress as primary provider; Maria Chiaro to serve as substitute counsel in cases where the primary provider has a conflict of interest. Resolution of the Board of County Commissioners, Collier County, Florida, agreeing to join the Local Partnership for Homeownership. Res. 98-175 Authorize waiver of water impact fees, sewer impact fees, library impact fees, parks and recreation impact fees, road impact fees, emergency medical services impact fees, and educational impact fees for one house to be constructed by Feliciano Martinez and Sofia Martinez and to fund said waivers from Affordable Housing Trust Fund, Fund 191. Res. 98-176 Request to approve a preliminary work authorization for Forres~ Glen Golf Course. (Staff's request). PUBLIC WORKS Report on the status of the Groundwater Monitoring Program at the Naples Landfill. Recommendation to award Bid No. 98-2806 for the purchase of one dump truck for the Water Department. to Wallace International Trucks, Inc. in the amount of $48,750 Approve a recommendation to award Bid No. 98-2800 for the burial of agricultural mulch to Adwood, Inc. and approve the associated Budget Amendment. Recommendation to accept the bid for surplus of one Magna One Synchronous AC Generator. To CJs Sales and Services in the amount of $5,578 Acceptance of various Drainage Easements to provide for flooding relief to property owners abutting Sperling Pond. Approve Construction Change Order with Better Roads, Inc. for Van~rbilt Drive Pathway Improvements (Vanderbilt Beach Road to 111-- Avenue). In an amount not to exceed $7,900 Approve additional professional services by Johnson Engineering, Inc. for analysis of utility impacts within the Goodlette-Frank Road Four Laning Corridor (Pine Ridge Road to Vanderbilt Beach Road), CIE Project No. 065. In an amount not to exceed $100,000 Page 6 June 2, 1998 8) Accept a donation agreement for conveynace of utility easements for access and maintenance of the Reclaimed Water Main to the North County Regional Water Treatment Plant. 9) Award contract to Guymann Construction of Florida, Inc., te construct work remaining to complete, and approve Amendment No. 4 to Agnoli Barber & Brundage for Pro£essional Services during construction of the Riviera Colony Water-Sewer Improvements, Phase II, Bid 96-2588, Project No. 73025/70034. 10) Approve Settlement Agreement with Gu~nann Construction of Florida, Inc., regarding Riviera Colony Water-Sewer Improvements, Phase II, Bid No. 96-2517 Project No 73025/70034. ' ' C. PUBLIC SERVICES D. SUPPORT SF~VICES Moved to Item 18D1 1) Award a Contract to Candito Management Group, Inc. for Food and Beverage Concession at the Main Government Complex and to Terminate the Agreement with the State of Florida, Division cf Blind Services. E. CO~ ADM1N I STRA'I~DR 1) Budget Amendment Report F. BOARD OF COUN'I~ COMMISSIO~.q G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITFL~IS TO FILE FOR RECORD WI~! ACTION AS DIRECTED. Ho (Yl~IIZR CONSTITUTIONAL OFFICERS COUNT"/ ATTORNEY AIRPORT AUq~!ORITY 17. ADJOURN INQUIRIES CONCERNING CtlANGES TO TIKE BOARD'S AGENDA SItOULD BE MADE TIlE COUNq"f ADMINISTRATOR'S OFFICE AT 774-8383. Page 7 AGENDA CIblNGES BOA RD 0 F CO UNTY COA IMISSIONER.¢;' ?,tEETING .JUNE 2, 1998 ADD: ITEM $(C)(2) - PRESENTATION BY DONNA FIALA REPRESENTING TtlE EAST NAPLES CIVIC .,ISSOC'L.t TION, OF A CltECK FOR $17, 000 TO SUPPORT THE DA VIS BL VD. PIIASE 1 MEDIAN BEA UTIFICA TION PROJECT. (STAFF'S REQUEST). ADD: ITEM 16(A)(1) - FIN,IL ACCEPTANCE OF WATER AND SEWER FACILITIES FOR PARTRIDGE POINTE, PttASE 2. (TtlIS ITEM IS PART OF THE PRINTED AGENDA PACKAGE- TITLE WA.C; INADVERTENTLY REMOVED FROM THE AGENDA IND~V). ADD: ITEM 16(A)($) - REQUEST TO APPROVE A PRELIMINARY WORK AUTItORIZATION FOR FORR, EST GLEN GOLF COURSE. (STAFF'S REQUEST). DELETE: ITEM 16(B)(I) - REPORT ON TIlE STATUS OF TttE GROUNDWATER MONITORING PROGR,,131 ,,IT TttE NAPLES L4NDFILL (STAFF'S REQUEST). 5 A 1 P I~ O C L A ~4 A WI-Ig'I~EA$, the Board of Coun~ Commissioners of Col#er Coun~ supports hom~owngrshlp opportunities for dl cHizgns of Colh~r Count; ond W~AS, the Boord of Coun~ Commissioners of Collier County works coopero h'vely with o thgr public ond privo ~e sec tot orgoniza tions to hou~in~ fo~ d/ dtiz~ ~f ¢olli~ ¢ou~: and ~N~EA~, the Boord of Coun~ Commissiongrs of Collig~ Coun~ rgcogniz~ thor th~ Unimd 5tot~ is on~ of th~ first coun~ri~ in th~ world to o f hqm~ownershtp ~v~ b~ o~n~d to mlllio~ o~ fomflles ove~ the , , ,~ h~,~- ..,,, NOW THEREF~E' be it phocloJmgd by fhg B~rd of Counl ,'~om~iss/oners of ' ' i: - - ' ~ ~:~,~,~'~,'. Co/bec County,' Flo~ld~,;th~f th~ w~k of ~un~ ~3, 1998 b~ , ~ ~ .~ , ~. . ~, ~ ,~?:~." ~N~ AND ORDERED T~ ~ D~ of ~u~j' :I99B BOARD OF COUNTY CO/H/d£$$£ONER$ COLLIER COUNTY, FLORIDA T E. BROCK, CLERK PROC WHEREAS, each year since 1963, the Prgsid~nt of the United State$ has de.$tgrmted a week os ~ho~l Small Busings Week tn recogm'tion of the small busings contctb~hon$ to the American economy and$ociety; and WH~A$. the ~5. Small ~u$in~$ Administ~hbn. in ~rtnership with pubh~ ~d pri~te- sector small bus~$ s~porters, spo~ors spect~l activiti~ honoring the ~tion~ entrepreneurs at the Ioca~ state and~tt~l /eve&' and WME~A$. the ~ 5. Small Bust~s AdminiStration has ~cked over 49, 4~ I~ to American~ small businesses; made g. 7~ t~v~tm~ts through its v~tore copital p~o9r=~. provided 50. 000 I~n$ to dtmstee viSit'ms for c~identia~ pe~so~l peop~ty and business IosseX' ~t~ded ma~em~t ~d technical assistance to nea~ly 9~, s~011 bus~se$ thrash its 5ervt'ce Corps of ~ett?ed &ecutive (SCO~E) vol~,teers and 5maff Busings Oev~lopm~t C~ter locations: and ~sumed a /eadershtp role ~n the P~id~t~ Welfare-to-Woek initt~Nve by entrepreneursh~p and linki~ small bost~s~ with pot~ttal employe~' and WHE~A$, the Economic Oevelopm~t Co~cil of Colh'ee Coun~, thrash the Peblic/Pm'~te Port, ersh~p for Economic Prospeei~ with the Colh~e County Board of County Commtssw~er$. th¢ S~ll B~in~ D¢vel~m~t C~ter and the Service Carps for Reit?ed &ecutiv~ (~0~) stm~ to ~vide ec~om~ opportum't~ for e~trepr~eur$ th~o~h b~in~$ ~n~i~ andn~w busings developm~t for small bust~$~$: and W~EAS. the Ec~omic bevelopm~t Co~cil of Collier Co~ e~tin~ to serve as an ad~te for small business by ~deov~9 to create p~g~ms that promote job develapm~t ~d bo~n~s ~t&' ~d WH~A$. the Ec~m~ be~lopm~t Co~cil o( Co/I/er Co~ will ~finu~ to build and st~glh~ ~rtn~s ~th th~ ~ 8~11B~in~s Admt~i~tion, 5ervic~ Corps of ~eh?ed &~cu~iv~ (SCO~E), the Flori~ ~1~ C~ ~iv~sity Busthe~ bevelop~ C~t~, ~nteeprtse Florida, and ath~ p~lic and prt~te- sector o~nt~ottb~. ~W THE~EFO~ be it proc~imed ~ ~he B~rd of Co~ Co~]~s of Colh~r Co~, and do hereby ~co~ oil ~iflz~ t~'~M~ $~ll busin~s~ ~d thgt~ employ~ for their contm'buttbn to Doe comm~ity. DOME AND ORDERED TH~5 ~ boy of Jme. 1998. BOARD OF COUNTY COIAt~rssTOMER5 COLLTER COUNTY, FLORTDA ~TE. BROCI~, CLERK 1998 TOURISM AGREEMENT BETWEEN COI.i. IER COUNTY AND GULF COAST RUNNERs CI.UB, INC. RE(;ARI)ING NAPLES-ON-TIIE-RUN 20-K EVENT TillS AGR. EI/Mt~NT, is made and entered into this ,:.~ day of ~'.'.,~,_. 1998, bv and between Gulf Coast Runners Club, Inc., a Florida coq~oration, hereinafter ret'erred to as "GRANTEE" and Collier County, a political subdivision of the Slate of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") fimdcd by proceeds from the Tourist Devclopmcnt Tax; and WHERE,.\S. the Pl:m provides that ccrlain of the revenues generated by thc Tourist Development Tax arc to be allocated for thc promotior~ and advertising of Collier County nationally antl intcmationall? and for the promotion and advertising of activities or events intended to bring tourisls to Collier County; and WHEREAS, ¢;R,,XNI'I![! has applied to the Tourist Development Tax Council and the County to usc Tourist l)cv¢lopment Tax funds ['or the promotion and advertising of the Naples- On-Thc-Run 20-K event scheduled for September 13, 1998, (thc "Evcnl"): and WHEREAS. thc COUNTY desires t¢~ fired thc proposed advertising and promotion pursuant to this Agreement. NOW, 'I'[IFA~f:.FORI!, BASED UPON THE MUTUAL COVENANTS AND PREMISES PRO\"IDED IfEREIN, AND OlttER VALUABLE CONSIDERATION, IT IS MUTUALLY AGRI£F.D AS FOLLOWS: I. SCOPE OF WORK: In accordance with thc Budget attached as Exhibit "A," thc GRANTEE shall advertise aild promote the Event through print media. Thc date o[' thc Event may not be changed without an amendment to ti'tis Agreement as provided in Section ! 7. 2. PAYMI!NT: The amonnt to be paid under this Agreement shall be Thirty Five Hundred Dollars ($3.5(~(I.()(}). Thc GRANTEE shall bc paid in accordance with fiscal procedures &the County for expcmtiturcs inet,fred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the sen'ices described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to thc County Administrator or his designee. The County Administrator or 8 A-2 his designee shall determine that the invoice payments are authorized and thc goods or ser',,'~ces covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute at, thorization of' ti`ce expenditure described in the invoices provided that such expenditure is made in accorttance with fi'tis Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies ofcorresponding vendor invoices and proof of receipt of goods or perfonnancc oF thc services invoiced. GRANTEE shall ccrliFy in writing that all subcontractors anti vendors have been paid for work and materials from previous payments received prior to receipt oF any Further payments. The COUNTY shall not pay GRANTEE until the Clerk ortho Board of Cottnly Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall bc paid for its actual cost not to exceed thc total amount for various linc items and up to thc maximtm~ amount budgeled pursuant to thc Attached "Exhibit A." Tire amounts applicable to thc various line items of Exhibit "A," sub. iect to the maximum total amount, may bc increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. At[justmcnt in excess Of ten percent (10%) of any linc item must be authorized b.,,' the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section i will be paid by COUNTY. Any expenditures paid by COUNTY which arc later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 clays of COUNTY's written request to repay said l'tmds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. In addition, thc/bllowing items arc ineligible expenditures: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not spc~i- fled in grant application. 3) Capital improvement, including but not limited to new construction, renovation, rcs- toration amt inst:tIlatioll or replacement of fixtures. 4) Purchase of tangible personal properly, including but not limited to office furnishipgs or equipment, permanent collections or individual pieces of an. :5) Interest. or reduction of deficits or loans. allcr project I'ullding period. Expenses incurred or obligated prior to or 6) Prize money, scholarships, awards, plaques, or certificates. 7) Travel not directly associated with the project. 8) l'~rojects which arc rcslrictetl to privale or exclusive parlicipaliol~ except for thy;ra- tional events which require a prcqualification of participants through proven ability to generate hotel room nights during the Naples' area sboukt season. 9) Private cntcrxainmcnt, tbod or beverages except for invitational events which require a prequalification o£ participants through proven ability to generate hotel room nights during thc Naples' area should season. 10) Making payments I'or goods or services purchased For previous or other events. I I) Events which arc exclusively local in nature such as a parade. 4. INSLIRAN(.'I.~: GRANTEE is required to submit a Ccrtilicate of Insurance naming Collier Ccmmy. ami its Board of County Commissioners and the Tourist Developmen, Council as additionally insured. The certificale mtlst be valid for the duration of this Agreement. and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less ll'~an thc following amounts: BODILY INJtIRY I.IABILITY $300,000 each claim per person PROPERTY I),,\MA(iE I.IABILITY $300,000 each claim per person PERSONAL IN.IUP, Y LIAB!LITY $300,000 each claim per person WORKER'S ('()Mf'I!NSATION AND EMPLOYER'S LIABILIT't'-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agremnent by lhe COUNTY. Thc GRANTEE shall not commence promolional and advertising activities which are to bc funded pursuant to this Agreement until tile ('crtificatc of Insurance has been received by the COUN'FY. 5. MONTItLY REPORTS: GRANTEE shall provide to County monthly reports on the duties perfonncd and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties perlbrmcd, and tile sen'ices provided and goods delivered during said period. 8 A-2t GRANTEE shall take reasonable measures Io assure the continued satisfactory performance of all vendors and subcc)nlractors. 6. CIIOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendo~ or subcomractors to provide se~'iccs as described in Section 1. CO~INTY shall no~ be responsible for paying verniers and shall not he involved in thc selection of subcontractors or vendors. GRANTEIL agrees to disclose any relationship between GRANTEE and thc subcon- tractors or vendors, including, hut not limited to, similar or related employees, agents, officers, dir~tors an~or sharcl~oldcrs. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. Thc reasonableness of the expenditures shrill be based on intlustD, standards. 7. INDI~blNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, alld its agents and employees, fronl any and all suits alltl actions including attorney's fees and all costs of litigation and judgments of any name and dcscriptitm arising out of or incidental to thc pcrlkmn',mcc of this Agreement or work performcd thereunder. This provision shall also pertain to any claims hrought against the COUNTY by any employee of the named GRANTEE, any sul,contractoF, or anyone directly or indirectly employed or authorized to perfonn work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by ibc agreed upon Agreement price as shown in this Agreement or the G~NTEE's limit of~ or lack o1~ sufficient insurance protection. 8. NOTICES: All no)ices from the COUNTY lo the GRANTEE shall be in writing and deemed duly scFvcd il' mailed by registered or codified mail to thc GRANTEE at thc following address: I~cvvy Silvcmmn, Race Director Gulf' Coast Runners ~,O.-I~ox8636 3[I,, ?,k, ~, ,~',t,~. Naples, Florida 34102 Ail notices from thc GRANTEE to the COUNTY shall bc in xvriting and dccmcd duly sen'cd il' mailed by registered or ccrtiticd mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 4 8 A-2 The GRANTE[! and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant Io this Section. 9. NO PARTNERSIIIP: Nothing herein contained shall I~e construed as creating n pannership between iht ('()tIN'I'Y itlltl the GRANTI!t!, or its vendor or subcontractor, or to constitute thc (;RAN'I'[~I!, or its vendor or subcontractor, as an agent or employee of the COUNTY. I0. TERMINATIOn: Thc COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance whtten notice of such temqination pursuant to Section 8 and spccil~ving thc cf/bctive date of tem~ication. If thc ('OUNTY temfinates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incu~ed, or contractual obligations incurred wifl~ subcontractors and vendors, by GRANTEE up to lhe effective date of the te~ination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all flmds cxpcnded by COUNTh pu~uant Io this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were suflqcicut to justify the use of tou~st development tax l~mds. Il. GENERAl, ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separale checking account. All revenue related Io the Agrccmem should be recorded, and all expenditures must bc incumed within the tem~ of this Agreement. 12. AVAILABILITY OFRECORD8: GRANTEE shall maintain records, books. documents, papers and fimmcial infom~ation pe~aining to work perforated under this Agree- ment. G~NTEE agrccs flint the COUNTY, or any of its duly authorized representatives, shall, until the expiralion of three (3) years rifler final payment under this Agreement, have access and the fight to examine and photocopy any pe~inent books, documents, papers, nnd records of G~NTEE involving transactions related to this Agreement. 13. PROlllBITION OF ASSIGNMENT: G~NTEE shall not assign, convey, or transfer in whole or in parl its interest in this Agreement without the prior written consent of the COUNTY. 8 A-2 14. ~: This Agreement shall bccomc cffective on [date Board approvesl and shall remain effective for one year. Thc GRANTEE shall request an extension or this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment lo this Agreement to extend Ibc term Ii)r an additional one year. Any funds not used by GRANTEE during Ihe term of this Agrccmcnt and any extension thereto shall be a','ailahl¢ rot t\~tt~r¢ applicants. 15. EVALLI:\TION OF TOURISM IMPACT: GP, ANTE[~ shall monitor and evaluate the event identifying thc success of the event, explaining how thc success and quality were evaluated, report overall attendance including residentJnon-rcsidcnt attendance and how attendance in£on'nation was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only bc amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 6 8 IN WITNESS \Vl tEREOF, the GRANTEE and COUNTY have each respectively, b3 an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk ,l BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.OR. IDA WITNESSES: ; ~ / (1) ~,' ', rimed/Typed Name GULF COAST RUNNERS CI.UB, INC. (corporate seal) Approved as to form and legal sufficiency Assistant County Attorney h:~hg~£a\98tdc\GulfCoas! Runners, Inc. EXHIBIT "A" BUDGET Print Advertising S3,500 South Florida Running Forum (3 Ads) Race Place Magazine (2 Ads) Florida Running (2Ads) Florida Sports (1 Ads) 8 A-2 GULF CDAST RUNNERS P 0 BOX 86;~6 NAPI F.$.FI 34102 \I,\P, Kt:TIN~; p! .\N X(/1 'TI I I:t ¢IRII).\ ltl '"'d",/IN(i F(')RI IM R,\('I( Ill ,\('1: .'Si 'X(i.'~71NI: '2 ADS -- FI.ORII')..\ RI '"x'NINC 2 .\DS FI.(')RII').,\ RI~('~R'I'R 1 Al')% TOTAI (ii Il .l:('().'~.gT R! I~,~,.~[:R~ \VII !. F)IRTRII~I TTF ,,,~(~ts '\PPI .1(' a,'FIONS TO R~ "~NIN(; ('1,1 '1/S ,.xN'r~ ,x'I'~ Il '1 FI'lC STORES STATI' Wll)l' TI I1: RACE WII,I. II1: f~N TItF IN'I'I:RNI:T WI: Iq;lq 'FII&T TIllS YI~&R WI: Wll I I IAVF ~o0 RI 'NN't{RS' Al,l. PR(}('I:I:I~X FROM TIlE l{l,~Ol~ WII.I (;(I '1'(~ Y()[ :'l'l I DI:VI:I OPMI{NT Fl INj~ TIIANK YOI' I"()1~ 5'flI'R P..~%T CONTRII]I"I'I()N~ -XNI) I"()R 5'OI~R ('I~N'I'INI ~I:1~ gl IPIqlRT I"I.iRRY R ,\Ct: ('c. llicv (~ouuly Tourist i)evelol~me.t (;raul Al~plication (';llt'?jll'y I~-~ I,ocal Projects and/or Activilic~ Which I'romole 'i'o.rism ,1. Org::mization':¢ ~ 't~icl'~ )l'l]ci:,l ami lille: Al:idiC.lml ,':.q:,:::,i i,x $2j~.I))Il :x Ic:;%: ..... '1 Iow lilllt'[{ I'l l)escribe linc local i~,~iccl :~ml/o~ aclivily lk)r which I\mds arc requested: 1(). ni.~Ctl.~.~ JlO~V ),()tlr ()l?.:llli'/;lli(~ll will measure thc number of tourist attracted and thc numhcr of ti,om nights generated by your I I. Identify the estimated nttmlll~ct t~l' "otll of Cotlllly" spectator:; or particip:ults [k~r your' organi/:ition's special event and indicate flit nlclJu~l Ik~r your estimation: 12. Identify thc estim:,Icd Iltltllhcr of hotel/motel o~ Caml)grotmd organization's Sl~¢Ci:d cv,.nl ;u,t indical¢ thc method for your Development fmuls. Inclmtc in-kiml services ns well as other ftmdh~g sm.cc:;: (l~c specific) 15. Applications nmst be acc<mtpanicd hy thc fi~llowin§: a) Incnrporatim~ ¢locumcnt.s b) For non-profit organi:,'.aikm, vcrit'~cation of status c) l.ast fiscal year fin',racial stammcnls d) Time line For thc event c) For requcst of $25,000 or i) Detailed budget fi~r tin,jeer .specify which items Ti)C Ikmd~ will fired. R~er to in=li~iblc expenditures in thc ?,uidclincs. ii) Provide marketing plans idcnlilying how the event will bc p~om,.}lcd to draw out of County visitors. 0 For requests greater than i) Funds may be used only Iht attvcnising and promoting your org;miT:~tion's event. ii) Provide an overall Imdgct for thc event iii) Provide a detailed markclin!,, plan including the media 1o bc re;cd lo promote event, frequently adve~isements, rc:tsm~ ~ncdi:t to be used was selected, and :.~y otltc~ information pcrtincn~ promotion. I have read the Tourism (;ranl I'rt~!,~am guidelines and criteria 1998 TOURISM AGREEMENT BETWEEN COI.I.IER COUNTY AND NAPLES SPORTS FOUNDATION, INC. REGARDING Tile FllrFll ANNUAl, NAPLES SPRING GIRI.S BASKETBAI.I. CI.ASSIC TOURNAMENT TillS AGREEMI'~NT, is made and entered into ti'tis t ..~ day of...,._,...,:~_.. 1998, hy and between Naples Sports Foundation, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier ('ounty, a political subdivision of thc State o[' Florida, hereinafter referred to as "CO[JNTY." WtIEREAS, thc COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development 'Tax; and WHEREAS, thc Plan provides that certain of the revenues generated by the Tourist Development Tax arc to bc allocated for the promotion and advertising of Collier County nationally and internationally and for tile promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GR.,\NTEE has applied to tile Tourist Development Tax Council and the County to usc Tourist Development Tax revenues for funding of tile Fifth Ammal Naples Spring Girls Basketball Classic Touman'mnt scheduled for May 2, 1998 and June b940'7, 1998 (t.l'~e WHEREAS, thc COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDE[) IIEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached ;.is Exhibit "A," the. GRANTEE shall provide the Event. The date(s) of the Event may not be changed xvithout an amendment to this Agreement as provided in Section 17. 2. PAYMENT: Thc amount to be paid under this Agreement shall be Five Thousand Dollars (55.(.~00.00). The GRANTEE shall be paid in accordance with fiscal procedures of thc County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice arc completed or that goods have been received. GRANTEE shall determine that the goods and services have bccn properly provided, and shall submit invoices to, thc County Administrator or his designee. Thc County Administrator or his designee shall determine that tile invoice payments arc authorized and thc goods or services covered by such invoice have bccn provided or perfon'ned in accordance with such at,thorizaticn. Thc line item budget attached as Exhibit "A" shall cor~siitutc authorization o1' Ire expenditure described in tile it~x'oiccs provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized irt sut'Gcient detail for audit thereof and shall be sttpportcd by copies of corresponding vendor invoices and proof of receipt of goods or pcrfon'nancc o1' the sen'ices invoiced. GRANTEE shall certify in writing that all subcontractors and vendors t~avc been paid for work and materials from previous payments received prior to receipt of ;my fi,rther payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of' County Commissioners pre-audits payment invoices in accordance v.'ith the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maxirnttm amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," st,bjcct to tile maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjusln'~cnt itl excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. EI.IGIBLE EXPENDITURES Only eligible expenditures described in Section 1 xvill be paid by COUNTY. 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 repay said t'tmds. COUNTY may request repayment of funds for a period of up to one year after termination of ~his Agreement or any extension or renewal thereof. In addition, thc following items are ineligible expenditures: 1 ) Annual operating expenditures not directly related to the activity or project. 2) Employment o1' personnel not directly related to the activity or project and not speci- fied in grant application. 3) Capital improvement, including but not limited to new constrt, ction, renovation, rcs- toration and installation or replacement of fixtures. 2 8 t -2 4) Purchase of tangible personal properly, including but not limited to office fumiship, gs or equipment, permanent collections or individual pieces of art. 5) Interest, or rcductior~ off deficits or loans. Expenses incurred or obligated prior to or after project filnding period. 6) Prize money, scholarships, awards, plaques, or certificates. 7) Travel not directly associated with the project. 8) Projects which arc restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, Food or beverages except for invitational events which require a prcqtmlification of participants through proven ability to generate hotel room nights during thc Naples' area should season. 10) Making payments Ibr goods or services purchased tbr previous or other events. 11) Events which arc cxclusix'ely local in nature such as a parade. 4. iNSLIRANCE: GRANTEE is required to submit a Ccriificate of Insurance naming Collier County, and its Board of County Commissioners and thc Tourist Development Council as additionally insured. Thc certificate must be valid for thc duration of this Agreement, and be issued by a company liccnscd in the State of Florida, and provide General Liability Insurance for no less than thc following amounts: BODILY INJURY LIABILITY 5;300,000 each claim per person PROPERTY DAIXtAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY S300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. Tile GRANTEE shall not commence pronmlional and advcrtising activities which are to be funded pursuant to this Agreement until thc Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly repons on the duties perforated and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. Tile report shall identify the amount spent during the preceding 30 days and 8 A-2 the duties performed, and tile services provided and goods dclivcrcd during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontraclors. 6. CIIOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontraclors Io provide services as described in Section 1. ('OUNTY shall not be responsible for paying vendors and shall not be involved in thc selection of subcontractors or vendors. GRANTEE agrccs to disclose any relationship between GRANTF. E and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement For unreasonable expcmtitures. The reasonableness of the expenditures shall be based on industry, standards. 7. INDEMNIFICATION: The GRANTEE shall hold hamdess and defend COUNTY, and its agents and employees, from any and ali suits and actions including attorney's fees and all costs of litigation :md judgments of any name and description arising out of or incidental to the performance of this Agreement or work pcrfon'ncd thereunder. 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 tile agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack off sufficient insurance protection. 8. NOTICES.: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: T. Troy Costain, CPA-President Naplcs Sporls Foundation, Inc. P.O. Box 10768 Naples. Florida 34101 8 A-2 Ail notices From thc GRANTEE to thc COUNTY shall bc in writing and deemed duly scr'ved if mailed by registered or ccrtiticd mail to thc COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Tile GRANTEE and thc COUNTY rnay change tile above mailing address at any time upon giving thc other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall bc construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTI'~E, or its vendor or subcontractor, as all agent or employee of the couNTy. I0. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pa>' the GRANTEE For all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of tile tem'fination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficicn! to justify tile use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism fimds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that thc 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, papcrs, and records of GRANTEE involving transactions related to this Agreement. 13. PRO}IIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without thc prior written consent of COUNTY. 14. ~: This Agreement shall become effective on [date Board approves] and shall remain cf[cctive for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any fimds not used by GRANTEE during the tem'~ of this Agreement and any extension thereto shall be available for future applicants. 15. EV:',,LLIATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identil'ying thc success of the event, explaining how thc success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written rcport to the County Administrator or his designee within sixty (60) days of thc datc o£ thc cvcnt. 16. RE©LIIRED NOTATION: Ail promotional must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may literature and media advertising only be amended by mutual agreement of thc panics and after recommendation by the Tourist Development Council. 8 A-2 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on thc date and year first above written. ATTEST: DWIGHT E. BRocK, Clerk Att, e~'t as to ChairM~n's s ~(jnat'.'r e only,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES: (1) ~x~ / Printcd/l'yp~d Name NAPLES SPORTS FOUNDATION, INC. Printed/Typed Name Printed/Typed Tille (corporate scal) Approved as to form and legal sufficiency Heidi F.-J~h-ton - Assistant County Attorney h:hg/hfa/98tdc-Naples Sports Foundation, I,c. 05/12/19cja 14:~O 6430898 GARRETT CONSTRUCT Naples Sports Foundation, Inc. d/b/a Naples Girls Basketbdll Foundation Budget Spring Classic 1998 PAC~ 02 8!A-2 Tournament costs Officials Programs 4,400.00 600.00 5,000.00 Total Costs TDC FUNDING 5,000.00 (5,000.00) 0.00 ('oilier C. ovnty Tourist l)evclopmen! Co,ncil ( ;I'll Ill Aplfiicalion Which Pronmte Tourism 8 /~-2 (':mqflct::d ::lqqic:ltions must he received 30 days prior to d:c ,,\prit m' ('}c[o['ICl' Tourist l)cvchqmlcm ('mmcil :i:o.'tin!,. ('l I)C nlccts thc third Moml',iy of tl:c ::::::,h). .,\l'T, licalicm~; must I,c rccciv,.d at Ibc below mhlrcss: A:hnilli:d ~:,or/l)ircclc~r ('allicr ('mmty Tourist Development Cc, m¢il ~. ':::,:iv Admini:aralor Office ..\dminist:ation l~,uilding, 2"': Floor 3301 'l'::nlianfi Trail East N::plc!,. Florida 3,1112 I. Name and .,\dthc:;s of.,\plflic:ml ( h!t;tl'li/ati:m: 2. Ori.amz;ll ohs ('hicf()fl]cia] and ).Comacl I'crxmh'l'Jtlc and l'h~mc X.~Z~'- ~qz_z ............ ~.~Z' ~o9.5~ ~-7 ' '- Applic;m! roquc:;t for $.q5.0(1l)::r lc~x: $. lhnv llltlCh 'J'J)(' 'I l]C l'i[' i:; \'Otll (~:!'aluz;tli(m l'CqtlCtl;lJl1,1f,i 7. Describe the local pt'oj¢ct and/or activhy for which fimds arc requested: 8. What is (are),he scheduled date(s) l;~r your project/activity?_~Q~ Z' ~ .~_/_D~ ~'ZIj I q~ / 9. lbs your organizalion l~Cx'~ously received Collier County Tourist [)evclolm~Cnt funding'? ! 0. Discuss how your m't3t ~/: ion ,,,.'ill measure the number of tourist attracted and tl~c number of room nights generated by your cvc~t' 11. Identify the estimawd luIml~ut ~I' "out of Cotlnb," SI~CCI:IIOIS or participants Ii,' v,mr organiv~qtion's special event and indicate thc mclh,M I~r vm~r estimation: t iZ~ '~of ~~" vt5i~r5. ~c ~~ oxm~X~~''~' ~'-:t~ ~t~mbers 'f~' fi~e. ' 12. Idendfy Ihe estimated mmfl~cr of holcl/motcl or Caml~ground nights generated as a rcsuh of your organization's special cx'cn~ mxt imlicatc the melhmt tbr your estimation' 13. Discuss thc capacily of thc prtqt:ct It) enrich Ihe artistic, cullural, and environmcnt:d attractiveness of thc visiting puhlic and COml)alii~llily with community in gcnctal: hc aM pmwae ~uiOh & :0 Incorpc~ration documents b) For non-profit organization, vcrilicalion of status c) Last llscal year financial d) Time line for thc evem e) For request of $25,000 or less: i) Delailed budget for project specify which items TDC fimds will fired. R~er to ineligible expenditures in the guidelines. ii) Provide marketing plans idcntif3, ing how the event will be promoted to draw out of County visitors. O For requests greater than i) Funds may be used only I})r mh'crlising and promoting your organiTation's event. ii) Provide an ok, erall hml~m fi,r ~he event iii) Provide a detailed mm'kcting plan including the media to bc used to promote event, frequently of advertisements, reason media tn be used was selected, and any other information pertinent to the promotion. I have read the Tourism Grant l'rogram guidelines and criteria Signature of Organization's Chic f Official l)ale: II'~l'l)ljlll~;! I)ID,'ITI.III'MIJ',/I {.'¢}IINCII.'~I II(' (illll'l I It;I ", Al'Pi h z 8 A-2 · ~ n'0 ~ ~:~-0 8 A-2 ® BONITA BEACH ROAO 111THAVE. NAPLES PARK VANDERDILT BCH. RD, PELICAN ~) BAY SEAGATE DR. NA~L~$ 'H[OLI.EY 1'O! SHOREDR DR I[ARVF, b~ Cr MOORINGLINE DR ,~,,_~ co~ c~vrs, n ~,.. ~'u,z~.~,..~,::~;. :, .~' :., TI~ F~GL~SII' PB ~ s D~ 5;-, BANYAN S. GOLF DRIVE 7TH AVE. N. 4THAVE. N. 3RD AVE. N CENTRALAVE. 4THAVE. S. 5TH AVE. S. 8TH AVE. S. 10TH AVE. S. BROADAVE 12THAVE. S, 131'H AVE. S. 14TH AVE. S. BAY ST. t 41 FORT MYERS BONITA SPRINGS BONITA BEACH RD. " ~. '~ ,-t . ~71['' ~ "*' NAPLES - IMMOKALEE ROi FLEISCHMANN t8 A-2 S.W. INTERNATIONAL , AIRPORT GREEN BLVD. SJ GOLDEN GATE PKWY. oS · I G_~OLDEN NAPLES AIRPORT THOMASSON DR. GATE MERCANTILE AVE.~ TO MIAMI DAVIS BLVD. EAST NAPLES RATTLESNAKE HAMMOCK RD. LHS LELY MARCO ISLAND EVERGL. A DES t~rT,.V Naples Sports Foundation, Inc. d/b/a Naples Girls Basketball Foundation Spring Classic Marketing 1998 8 A-2 We issue a press release via the fax to all area radio stations T.V. stations as well as the Naples Daily News. We have also gone on air 1270 talk radio in order to promote our event and our organization Naples Sports Foundation, In d/b/a Naples Girls Basketball Fou Spring Classic Timeline 1998 8 Dates: May 2 & 3 Times: 8:00am to 9:00pm Saturday 8:00am to 3:00pm Sunday Locations: Naples High School Barron Collier High School Lely High School Commun:ty School St John Neumann Goldengate Middle School Naples Sports Foundation, Inc. d/b/a Naples Girls Basketball Foundation Budget Spring Classic 1998 Cost to a~tract, teams to Naples toutnament Initial Tournament Mailing 75.00 Tournament Brochures 700.00 Tournament Brochures Mailing 150.00 Tournament costs 925 . 00 Officia.ls Gym fees Trophies & Awards Prog~-ams Basketballs Cellphcnes Follow-up Survey 4,400 00 2,250 00 1,200 00 800 00 400 00 350 00 9,400.00 Phone/Fax cost Pos t age 100.00 75.00 175.00 8 A-2 Total Costs Estimated Revenue Shortfall 10,500.00 (5, 500.00) 5,000.00 8 A-2 Naples Sports Foundation, Inc. d/b/a Naples Girls Basketball Foundation Statement of Assets, Liabilites & Fund Balan December 31, 1997 Assets Cash Total Assets Liabilities Fund Balance Total Liabilities & Fund Balance 8,797.95 8,797.95 0.00 8,797.95 8, 797. 95 Naples Sports Foundation, Inc. d/b/a Naples Girls Basketball Foundation Statement of Revenue & Expenses As of December 31, 1997 Revenue Expenses Administrative Cost Insurance Entry fees Travel Un].forms Revenue over e:<penses 24,963.24 545.17 835.00 5,540.00 15,103.13 1,216.50 23,239.80 1,723.44 r-. 4.., _ 8 A-2 l)ick [ ,t.'l:l;l ( ]l,',l.Iill I )II :'i II:I Rick I }[' l, ll, Il Il Jim ,\Iccrl,,hl ])Ill': :\likt: Nchn,.:,Iv: l)~n'c ~\'.tlk,u Naples SpopLs Fot~ndation. d/b/a/ Naples fiirls Basketball Foundation is a Florida Corporation with 50I(C) 3 status with tt~e Internal RevenLle Service il IRS), We also carry a youth activities insurance D,olice for the. players coaches and Board members. ' ' Mission Statement. To promote arid develop girls youth ba k', s,cLball at both a fundamental and competitive level, in Ccl liep County. Profile. For the ~998 season we have sixty-eight (~8) participants ages ~-~7. Tt~ey play on five (5) teams grouped by age. We recruit these young ladies from the Girls Optimist Middle School League and the YMCA youth league. Girls from all the middle schools and high scheols have been invited with nearly, all the schools hav~ng aL least one representative. Funding Sources. We feel each player-needs to have a vesLed interest in the program. This "sweat equity" hopefully will create a sense of ownership in the program. Wi~h ownership, we feel, comes a grea~er sense of pride wher~ ~raveling and representing ~he gpoup, their parents and Naples. Thus we make the PapLicipants responsible 'For- helping fund raise in Lwo ways. First they pay a SkO0 registration fee and are pequiped to'-sell 50 $2 raffle tickets. Second, Lhey are required to participate in our other two fund raisers a garage sale and golf Cour'nament. Scholarships No player is ever ~uprled away if they ca~ not afford the S~O0. We have a couple service organization whic~ provide scholarships. May 31, 1994 FLOR[DA DEPARTMENT OF STATE Jim Smith Secrebary of State VEGA, BROWN, STANLEY ET AL 2660 AIRPORT RD. S. NAPLES, FL 33962-4899 8 The Articles of Incorporalion for NAPLES SPORTS FOUNDATION, INC. were filed on May 25, 1994, and assigned document numberN94000002697. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. A corporation annual report will be due this office between January 1 and May 1 of the year following the calendar year of the file date year. A Federal Employer Identification (FEI) number will be required before this re)oort can be filed. Please apply NOW with the Internal Revenue Se~ice by calhng 1-800-829-3676 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have questions regarding corporations, please contact this office at the address given below. Sandra Pearce Corporate Specialist New Filings Section Division of Corporations Letter Number: 594A00025795 Division of Corporations - P.O, BOX 6327 -Tallahassee, Florida 32314 tat.of o iba I cedi~ the a~ached is a true and corre~ copy of the A~icles of Inco~oration of NAPLES SPORTS FOUNDATION, INC., a Flodda corporation, filed on May 25, 1994, as shown by the records of this office. The document number of this corporation is N94000002697. at ~allal]a~et, tlje ~aptta[, tbi~ Thidy-first ~aPOfMay, 1994 ~im ~mit}I CR2EO22 (2-91) ~,cr..ru .f ~tnt, APP REG LICATION FOR ISTRATION OF FICTITIOUS NAME Ct I 0uS Name :.3 Ce Rvg,Sh..r~:d ....... o Madlng AOdre55 OI ~.5,r',eSS City ~ 3. Florida County _~ ~_~ (" Z,p Code 4. FEI Number . 8 Tins space for olhce use only A_2 A, Owner(s) el Fictitious Name II Individual(s) (use an atlachment I! necessary): Las1 r ,, ... t P J, I Las! F~tst P,'I I Address Z~p Code CH¥ ...... ::T ................... ;. ..... S,~le Z~;) (.ode C~ty Sidle SS# ..... . ........ . SS~ B. Owner(s) of Fictitious Name Il Corporallon(s) (use an allachmenl II necessa~): ~O~Ate Name Coroorale Name Address ........ Fc S~dLe Z~p C 0---~'~-' FEI Number: , , Applied for ;' ~ Nol Applicable C,ly Sidle Z~p Code Florida Corporate Document No.: FEI Number: :] Applied for ~ Not Applicable I (we) Ihe unOersrgnea, being Ihe sole (all Inel parly(,es) o,,,, nlng intetesl ~n Ihe above hclH~ous name. cerldy thai Ihe tntornmatiOq tndicaled on Ibis form is Irue dna accurale I (we) lullher cerlity ma[ Jr, e hchhOuS name shown in Secbon 1 of Ih~s fo~m has been adverllseO al least once In a newspaper as oehneo m chaplet 50, Flouda Slatules. ~n ttte COurtly where Ihe apphcanl's punc~pat place of business Is Iocaled. I lwe} undersla~'t~l~he 5~gna~ure(5) below shall have Ihe same legal eltecl as d ma~e un,er oath. (Al Least One Signalure RequlreO) . S gnalure el Ow~ r Da~e FOR CANCELLATION COMPLETE SECTION 4 ONLY: FOR FICTITIOUS NAME OWNERSHIP CHANGE COMPLETE SECTIONS 1THROUGH4: I (we) the undersigned, hareby cancel the I~c:~llOuS name ..... ................................... whiCh was registered on .... registration number .... and was assigned S,gnature ol O.~-~=; ...................-~-~T~ .............. S,gnalure el O,',,ner Date Mark the applicable boxes [] Certificate el Status -- $10 [] Certified Copy -- $30 FILING FEE: $50 Note: Acknowledgements/certificates will he sent to the addres~ in Remtinn 1 nnlv, CR4E .,0O~l (I ~'11 ~taples Daily t~ews tlaples, FL 33940 Affidavit of Publication 8 FICTITIOUS NA~E NAPLES FL 33940 REFEREUCE: 008240 57293055 I~01 :CE State of Florida County of Collier Before the undersigned a,Jt!,crity, personally appeared llina lverson, who cn cath says that she serves as the Assistant Secretary of the ~aples Daily Neus, a daily neuspaper published at Naples, in Collier ¢~unty, Florida: that the attached copy of advertising uas published in said newspaper on dates listed. Affiant further says that :he said ~laples Daily News iS a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been :antinuausly published in said Collier (aunty, Florida, each day and has been entered as second class mai~ matter at the post office ~ r~aples, 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 coporation any disccunt, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ott: 04/19 AD SPACE: 2.000 FILED ON: 04/19/96 Signature of Affiant ~ /~'. '?_ -/ ~OTIC~ UN~)ER ' · ' · FIgTITIOUS NAME [LAW · t~OTICE/IS HEREBY'GIVEN mat ~e~ undersigned, desiring iD engoO~.ln business under ~e fl~lous nome of N~les Girls ~e~ll Fou~lon I~ed ~ PO. ~x 107~, In the C~, of N~les, Co,leG ~n~ FI~I~;. ~3941~lntends ~ register ~e saio ~ ~W~: ~ej ~Mslon.:of~or~lons of e ue~nme~o~St~e ~.*..~. . :~ ~ed ~o~les, Fl~lda, ~ls 16 dot of April, ~996.. :~ Naples S~ Found~lon,]nc ' "" * '' P.O.~xl07~a Afl,ney f~ App~lco~ ': ' :' · * ' April 19 No~791961: ' D£F'ARTMENT OF' TH£ 8 .... ?;~;~ 6. ,0,..40,.,,.,o Ca~ NL~mher: ';:':~::, 58507306A Cc, n ~ct F'erson: ' "' ROE:ERTA VAN HF CCm~C~ Telel~lh:me ~.~umb,.r: ',.~Dec eh,bet ol ~09(~) Advance F<ulihft Pur~,.,d l;,.d~h ;: May "~ Adva~lce Rulil,~ F'er~,:,~ Addendum AppI e~:;:. Yes Dear' App icat, t: ~tated in your applic:,~f.i,:,z~ for ':',c,:,gniLion of exr..ml}t:i,~,n., ~,,.. h~v,: ,'lel;,~rmi~ed you ar'~: u~:empl; ff",:,m 1"Baler,il in,.:,:,n~e l;ax und,~r '~ection 50~¢a) .',t ~t,,~. ]T~t..el'h¢t[ ~.Ve~l~;l,~, Cod,.', as ,in organ i:..'aki,.:,r~ d¢.'i;crib,:..d in *,,.'..cti,:,n 501 (c) (3). E:~;-('aU~;· you ~r'c. ,~ noilly CI'c.<~E-d ,:,l'.Clatli-'-atjoTl,~ I.~¢, 81'L- n,.,i n,.,H makjllg fill,tI dr:.,i;ermination ,:,f your' f,'ut~d,,t:i,',t~ st,3t~ls under soc'Li,,n ',,.)?,'..~', ,.,f thc. l{OIIoVor~ H~, haVE, d~'l.':er~in¢,cl thal. y,,u ':;t[I I-,"o,.l~'~ol~abl5, ,-.,xl)~..r I. ',, I~,;. ,'~ i~ublicl? sul~p,:,r'L~:'d ,:,r!~ahizati,::,t~ des~rlbml =r, ,,ec'cion 507(a)(2). AcL'.,.',rdingly* durlr, g an advd,ce ruling period v,-,u.. , , '. ,;r'~.,f.,~;d as a · p~d~licly ~,upt~,:,rt~.d oruaniz..~t~,:,n., and m',b a~ a privat~ f,,tml~d,, m,,~,, rh~ advance .~. I'~llRq ijOr'l,;,d haying, at,d ends ,:m the Within 90 dd'/s attar Lhe o~,,J ,,f ./our advance rulinq send u~ thc, inf,:,rm~f.i,.,n needed ;.,', deLermi~e ;.~hether you r,~ent~ ,:,f l, ho appl icabl,:. ~upp,:,r'l; f.,~st durl~g the ad,,,mr~ce ru, ,~,.j p('-'i,:,d. If yo~ ¢~,tabli,,h that you hav,;t b~.,c.n a I,ql~l,( ly supported ¢,rga~, fy you as a ~,,,~.tic, n 507(a)([) ,.,:. 509(~)(2) c, rganizati,:,t~ a,~ .,,ng a~, you cor, i;lnue ~0 Jim~Cd; th~. r'oquirem,~:t~l;g ,:,f the ~Jppricabl~ suppc, r~ t, en%, ~rh~ ptibrlc ~lf~port i..oqoil-~m,:,~l.,.2 JLJ~lTig fhc. a~v~i~F~ tull.., ~,'~m'J,,d? ~.4~-, Hill cl~fssjfy you as a pr'iv~te f,:,urmd,',~;~,:,n ~,:,r future peri,:,d~ A, ,:,, '~ He clas~iify youl- begitlniug date for pur'p,:,s~:. ,:,f t, ec~io~ ~07(d) and I~r,~tit,,.'.,r',i drill C.,::,nl;l';J. lllJ;,' l'5 t'd,l~' r..]~,, Of! OIII' dc~'J;c,l'llll;, i'.,.,, w. Ji.lJ. :/,:,U or(, flor. ~ flr'ivaf,~, t':'tiT, ddl;J,'l~ unL;l 90 da;.", .4ltL,r" 'Lh,~ ~nd of 7,:,u~ .,.l,.:,.:,... rLLlillg perJ,:,d. It Y,:,U '~:~d ,is thc.: re,lUired in! ,"n~.',t.,.,~ urChitl I:he ?0 .'; .... ,' ~r,I;,',r., and c,.~ltribttt,.-,r~o ii1(i,%, COfl~;JDUL? J;o rely ,:,n the advance dt:t~.'Fllilh.ll;I,,71 ,jt, l:il I.l¢- blake, a I"inel deter'mit),3L:i,::,n ,::,r ?,::,ur Y,:,u~d~.l;~,:.,Ti st;;atus, lt.!Ct [ 'r [,:,t,t,r ihut,:,r,~ hi,4,/ not J'4.1y ,',r, tl~t,j d~.'i,,:'F~lh,ttio~ a'[i,~,r- :al;ioTf~ aTId . ~r'dT~{,r ,',r* E,:,~rlJ,q~,:,r, ~t,l,~ re~p,*,Tl~ible f,.:,r, ':,~ u~,': ,,~n',~, ,:,f~ thc, ac~. ~,r faiJ~j,,,~ t,', art,, hh,:i r,:,.~;ult, ed ih v,,ur I,:~ ,*[' ~u{h m,qV fl,:,~ rely ,'.,u LI,,, ~:ote~mtn,~L~,,n ft,:,J, tl~ d~? ,;,{ fih~,~ ~ ,,r' ~.,;Jllr, t;,~, ,JEt. AIs,:,~ if a ~r-~nh'.,' ,,, r,,~t.~buL,,~' I~',~n~-d that; ~,:, had qiv,~.n ',,*,: ~'11~ pert~,T,n maV n,.t r,.Is, ,..n t'h,. dA~'.'rt,llr,.~l:i,-,n ar, ,',~ t;h~. ~a( h of ~)0111' ~t:llt~l,,',/~..,:.,, du, in9 a ~al(.:,~cl~r v~.~r. Y,[,II afc. not Iml),t,s¢:d und,:-r' th,-. F~-..d(.ral Ilnempl,-,Vr, teut ~,~; ,, . ,.<t If yOU ar~.. requ~;::,d t,, [il,. ; !",',~,url, y,t,u r, lust file ii, b'~, t. lu. l';th day ,',f t;he fit'l;h m,:mth :,it,.r pellalty ,..f ~,~0 a day ul,c,r, .:. N~I"L.£S ,~;F-'OI'<TL; FOLIND61 f.;,ltl~ for t;I'iF~ d~::l,',y. I!,:,~,.'.',.:.r'~ Lb,? m;~;.'jmilm pe, llal~y :!F.-' clh~r'CK. ,,IH,~,,t; e~'.¢~,.d ,. $..,~uO0 Or' ~ IJt~'t"¢:¢~F~'~ ,:, your ~]l ,,.-;:~, I"¢.~.iJit;~ for t;.h~ vt.-~i', ;.,I',l, !'..v,-.l' J~.; lC%:". ~,:,. II1,,1~ ~J~,) CJ'h~l'(.]¢: t;Jll~, tl,'..fl,~JJ.'., II ,t r'~.l, tll"t'~ i~ tlc, t: C,.,,,'~pi .'..I... :'.,., ?~]11 r~l:urn i~', CC, IliDIDI;,.-h(-i,c.F,'.. ,,,,',~! 1",!~ t~liJ~J~C~ t,,:, ~hc. ~a,: ,_,r, ,:nl','.J~lb,:., hu~Jt, emt, income Ut~d,:F :,, tl,,~, ",11 ,',i the I...1,'.. ]f yoll ,~l'~. ~ub.jc-c'L L,', Lhl:, LF~,:- yOU S i ncere..l y ',',, u I f~d,len dura F,:,rm 87.:~- C N6PLEG f~PORT:; ! I , '~ ' 8A..2 4,~('~j<,~,, m~n~b~.r~;,il' ,;r~v,~. o[.r,,, ~'l~,.r~ ~,,:,n,~-ihi~i~ of' value reh~r~ for ~:',h~r~,u~.,,,hs, '/'J.~J c:.~r~ h,-~p ,/,;,~¢ d,',n,::,r~; avoid thoir incon~(. ~:,:>: re~,~,':,s h':, ,~,,~ :t:ir,,t t~.,-~:~ i~ det;¢~;.~inihO i~ your futid-t-,~i~n¢t r,~,~t'~r-ial~ '..~lch ,~,.i ~':,/ici~a'~i,:,h~;~ '(:i,::ke~, ~ You may ,'bt,~i:~ c,.,t, ies ,::,f F'ublic,-:f.i,:,h 1391 fr,:,~ your Ioc,',l ~]67-2 C.Ei. 104 arid R,:.'./en,~,'.-. Pr,::,(:edur~'. 90 ..12~ L~?90-'.I C.E:. Frucedure -47, l?'22.26 I,,R,,E:. Consent Flxing Period of Limitation Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code CSee m.~ru~lo~l$ on revere StYe.) 8 -2 In (lui'wlc4 ~. Under section 6501(c)(4) el the Internal Revenue Code, and as part of a request fiJed with Form 10 !;~ organization named be ow be treated as a ublicl ' 23 thai the 509 .... · P y supt~orted or~amzahon under sect on 170 b 1 A , ,~[: ~m( a ) (2) Uunng an advance ~ling penoO. ( )( )( ){vO or secbon '; 9836 [.'-:--~ ....... { Internal Revenue, or '?~L;:?i~ ~v~ b~'~t, Naples, ~.~ 33942 t and thn ~ ~ ~ ~;.' ;~'[ '~' ~'~' ',:; ;~ 'i~' [:~'~; ......................... / ~mmis S Drier Consent and agree that the penoo for assessing tax [imposed under section 4940 of the Code) for any of Me 5 tax years in the advance ruling pericd will ox';end 8 years, 4 months, a~d 15 days beyond the end o! the first tax year. However, if a notice of deficiency in tax for any of ~ese years is sent to the oGanization belore the period expires, the time for making a~ ~sessment will be further extended by the number of days the assessment is prohibited, plus 60 days. Ending date of first tax year Name of organizatJon (as shown in or~amz;ng 1ND~T~__ SPORTS FOUNDATIC]~, LNC. Officer ~ b'u's'J.ee~vlng'aUthorrty4o s,~qn For IRS use only Dis'~.ct ~r~"t, or or Assistant Comm,ssloner (Emoloyee Plar,.s ~n~ Exempt OGamzations) D~te Jamm_~y 24, 1995 Tit~e ~. President Date Published by T~x Mu~erne~ Inc.. a Su~dlu7 of Th~ Burm4u c~ N,mtk:x'~ X~,,r~. Inc. 8A-2 1998 TOURISM AGREEMENT BETWEEN COI,LIER COUNTY AND NAPLES SAILING CENTER, INC. REGARDING TIIIRD ANNUAL SMALL BOAT REGATTA THIS AGRI.~EMF. NT, is made :md entered into this ~ day of (~ ~-.r,~._ ,1998, by and between Naples Sailing Center, Inc., n Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of thc State of F'lorida, hereinafter referred to as "COUNTY." WItEREAS, thc COUNTY has adopted a Tourist Dcvdolmlenl Plan (hereinafter referred to as "Plan") funded hy proceeds fi'om tile Tourist Development Tax; WI IERI.iAS, thc Plan provides that certain of the revenues generated by thc Tourist Development Tax arc to bc allocated for the promotion and advertising of Collier County nationally and inlcrnationally and for Ihe promotion and advertising of activities or events intended to brii~g tourists to Collier County; and WIIEREAS, GRANTEE has applied to the Tourist Developmcm 'Fax Council and County to use Tourist Dcvelopmer~t Tax revenues for tile funding of tile Third Annual Small Boat Regatta scheduled for November 14-15, 1998 (the "Event"); and WIIEREAS, thc COUNTY desires to fired tile proposed advertising and promotion pursuant to this Agreement. NOW, TIIERF. FORE, BASED UPON THE MUTUAl. COVENANTS AND PREMISES PROVIDED ItEREIN, ANt') OTI-IER VALUABLE CONSIDERATION, IT IS MUTUAI.LY AGREED AS FOLLOWS: I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTI.-;E shall fired thc Event. The date(s) of lhe Event may not be changed without ~ amendment as provided in SOClJO~I ] 7. 2. I'AYN'jJ~Z~: 'l'i~c amotmt to be paid under this Agreement shall be Five Thousand Six l ltmdrcd ami Fifty Dollars ($5,650.00). Thc GRANTEIi shall be paid in accordance with fiscal im)ccdures oF the County for expenditures incu~cd For the promotion ~d advertising expenses as described in Section i upon submitlal of an invoice and upon verification that Ihe services described in thc invoice arc completed or that goods have been received. GRANTI!I~ shall dctcm~inc that thc goods and scmiccs have been properly provided, and shall submit invoices to thc County Administrator or his designee. The County Administ~tor or : ~. 2 his designee shall deIcmfine that the invoice payments arc authorized and the goods or sc.,-viccs covered by such invoice l~avc been provided or performed in accordance with such authorization. The line item budget attz~ched as Exhibit "A" shall constitute authorization of the expenditure described in tile invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supporled by copies of corresponding vendor invoices and proof of receipt of goods or pcrfon'nancc of thc services invoiced. GRANTEE shall cerlify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until lhe Clerk of thc Board of ('otmty (7onm.tissioncrs pre-audits payment invoices in accordance with Ihe law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to thc maximum amount budgelcd pursuant to thc Attached "Exhibit A." The amounts applicable to thc various line items of Exhibit "A," subject to tile maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of' ten percent (I 0%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBI, E I.;.XPI:;NDI'FLIRES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible cxpenditurcs shall bc repaid to COUNTY within 30 clays of COUNTY's written request to repay said fimds. COUNTY may request repayment of funds for a period of up to one year after ten'nination of' this Agreement or any extension or renewal thereof. In addition, thc following items are ineligible cxpendilurcs: I) Annual operating expenditures not direc't'ly related Io thc activity or project. 2) Employment of pcrstmncl not directly related to tile activity or project and not speci- fied in grant application. 3) Capital improvcmcnL including but not limited to new construction, renovation, rcs- toralion :md installation or replacement of fixtures. 4)Purchase of tangible personal properly, including but not limited to office fi~mishings or cquilm~Cnt, permanent collections or individual pieces of art. 2 5) Interest, or reduction of' deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6) Prize money, scholarships, awards, plaques, or certificates. 7) Travel not directly associated with the project. 8) Projects which arc restricted lo private or exclusive participation except for invita- tional events which require a prequalifieation o£participants through proven ability to generate hotel room nights ,.luring the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prcqualification of participants through proven ability to generate hotel room nights during thc Naplcs' area should season. 10) Making payments for goods or services purchased for previous or other events. ! I ) Events which arc exclusively local in nature such as a parade. 4. INSUILhNCE: GI~,AN'I*F. Ii is required to submit a Certificate of Insura:,ce naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. TI~e ccrti fic:xte must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODI1.Y INJURY LIABILITY $300,000 each claim per person PROPI']RTY DAMAGE LIABII.ITY $300,000 each claim per person PERSONAl. INJURY I..IABILITY $300,000 each claim per person WORKF_.R'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of cxccution of lhis Agreement by thc COUNTY. Thc GRANTEE shall not commence promotional and advertising activitic~"which arc to bc funded pursuant to this Agreement until the Ccrlificate of Insurance has been rcccivcd by thc COUNTY. 5. h4ON'I'l tl.Y RI:.I'ORT$: (;I,',ANTEE shall provide to County monthly reports on the duties pcrf~mncd and service provided hy ¢;RANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall idcmiffy the amount spenl during thc preceding 30 days and the dulies pcrl'ormcd, and thc sm'vices provided and goods delivered during said period. GRANTEE shall lake reasonable measures to assure lbo continued satisfactory pcrfom'mnce of all vendors and sul)contractors. 6. CItOICE OF VENDORS AND FAIR DEALINg: GRANTEE may select vendors or subcontraclors to provide services as described itl Section I. COUNTY shall not be responsible for paying vcmlors and shall riot be involved in thc selection of subcontrac,,ors or vendors. GRANTI-~F, agrees to disclose any relationship between GRANTEE and the subcon- tractors or verniers, inch,(ling, but no! limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require rcpaymcnt if invoices have been paid under this Agreement for unreasonable CXl,cmlittu.cs. Thc rc:tsonablcncss of thc expenditures shall bc based on industD, standards. 7. INI)I';LvlN~FI('ATION: The GRANTEE shall hold harmless and defend COUNTY, and ils agents and employees, from any and all suits and actions including attorney's fees anti all costs of litigation and judgments of any name arid description arising out of or incidental Io thc l~crfonnancc of this Agreement or work performed thereunder. This provision shall also pertain Io any claims brought against lite COUNTY by any employee of tile named GRANTEF,, any subcolm'actor, or anyone directly or indirectly employed or authorized to perform work by any of them. Thc GRANTEE's obligation under this provision shall not be limited in any way by thc agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit el; or lack oF, su£ficient insurance protcclion. 8. NOTICES: All notices from the COUNTY to tile GRANTEE shall be in writing and deemed dt,ly served ii' mailed by registered or certified mail to the GRANTEE at the following address: Joc ltonncss Ill, President Naples Sailing (;enter, Inc. I'. (). Box 1251 Naples, Florida 34106 All notices fi'om Ibc (.;I~,AN'I'I![! lo the COUNTY sllall be in writing and deemed duly se~'ed if mailed by rcgislcrcd or certified mail to Ibc COUNTY to: ('otmty Administrator Sccomt Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 4 8 A-2 The GRANTEF. and thc COUNTY may change tile above mailing address at any time upon giving tile other party written notification pursuant to this Section. 9. ~: Nothing herein contained shall be construed as creating a partnership between thc ('OlIN'FY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTI:.I~, or its vcmlor or subcontractor, as an agent or employee of thc COtJN'FY. I¢). ~Q._N_~: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such tcn'nination pursuant to Section 8 and specifying thc effective date of tcmfination. If the COUNTY terminates this Agreement. thc COUNTY will pay thc GRANTEE for all expenditures incurred, or contractual obligations incurred with subc{)llll'acloFs and vendors, by GRANTEE up to tile effective date of tile Icrnfination so long as such expenses lire eligible. Provided, however, or if GRANTEE fails to hold thc cvmlt or activity, (;RAN'I'll1:. shall pay to COUNTY all fimds expended by COUNTY pursuar~t Io this Agreement, unless thc Board of County Commissioners detcm'fincs that thc completed promotion and advertising of tim event or activity were sufficient lo justify the use of tourist development tax flmds. II. GF. NF, P, AI~ AC('OLIN'FING: GRANTEE is required to maintain complete and accurate accounting records and kcc1) tourism funds in a separate checking account. All revenue related to the Agreement should hc recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAII.ABIIJTY (_)J: RF. CORDS: GRANTEE shall maintain records, books, documents, papers and financial infi'mnation pertaining to work performed under this Agree- meat. GRANTEE agrees that thc ('()[ IN'FY, or any of its duly authorized representatives, shall, until the expiration of three (3) yc~trs allot final payment under this Agreement, have access to, and the right to examine amt photoc~,py any pertinent books, documents, papers, and records of GRANTF. I~ irwolving transactions related to this Agrccmcut. 13. PROItlBITION .C)J:~._AS~: GRANTEE shall not assign, convey, or transfer in xvholc or in part its InlCFc,'-;l ill this Agreement without the prior written consent of thc COUNTY. 14. ~: This Agreement shall become effective on .[date Board approvesl and shall remain cll'cctivc fi, r one year. Thc GRANTEE shall request an extension of 8 A-2 this term in writing at least thirty (30) days prior to tile expiration of this Agreement, and thc COUNTY may agree by amendment to this Agreement to extend the tem~ for an additional one year. Any funds not used by GRANTEE during thc term of this Agrccmcnt and any extension thereto shall be availahlc for future applicants. 15. EVA1,UATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying thc success of the event, explaining how thc success and quality were evaluated, rcpt)rt overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Adrninistrator or his designee within sixty (60) days of the date of the event. 16. ]~,I'~(_?LI!f~,I';I,)NOTATJON: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. .AMI:,NI)MI£NT$: This Agreement may only be amended by mutual agreement of thc p:,'tics and after recommendation by tile Tourist Development Council. 8 A-2 IN WITNESS WIIEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. : DWIGHT E. BROCK, Clerk ..~.. ;~ ~:; ; .. r .... ;~- ~57__~_~._~_ Attest ~,s to Ch?.~rman's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES' I'rintcd/Typcd Name NAPLES SAILING CENTER, INC. Pri.ted[rypcd Na..z i, / ?r/nled/rypcd Name Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency ? ,._I / HeiW F. Ashton Assistant County Attorney h:~hg~ffa~98tdc\Naplcs Salhng ('c.ler, Naple.s Sailing Center 8 EXIlllIIT "A" NAPI~ES SAII~IN(; CF',NTEI/REGATTA November 14/15, 1998 PI~,OPOSEI) BlJl)GI£T Tourist l)cvclopmcnl ('otmcil (TD(') fimding is requested for the following expenditures: Advertising' Tentage Tables and ('hairs Security T-Shirts Guest Speaker/Entertainment Insurance PA System Porta-Potty's Racing Equipmcul Remal Printing/Postage TOTAl, 5;5,650.00 P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 o 8 A-2 Collier County Tourist Development Council Grant Application Category B-2 l,ocal Projects and/or Activities Which Promote Tourism Completed applications must bc received 30 days prior to the April or October Tourist Development Council meeting (TDC mccts thc third Monday of thc month). Applications must bc rcccivctl at thc below address: Administrator/Director ('oilier County Tourist Dcv¢lopnmnt Council County Administrator Office Administration Building, 2"d Floor 3301 Tamiami Trail Easl Naples, Florida 34112 Name and Addrcss of AI,plic:mt Organization: Naples Sailing Center Inc. P.O. Box 1251 Naples, Florida 34106 Organization's Chief Official and Title: MR Joe Bonness !ii- President Contact Pcrson, Title anti l'honc Number: o MR Peter G. Bolton - Secretary (941) 775-2695 (il) (941) 643-5506 (W) Applicant request for S25,000 or less: Applicant request foF over $25,000: X flow much TI)C funding is your organization requesting? $5,650.00 Briefly describe your orgnnizz~tion's capability to promote Collier County as a tourist dcstinmion' Numerous tourists are attracted by our location along the Gulf and the expectation of enjoying water related activities. Naples under utilizes this natural resource. Sailing is a leisure activity that can be enjoyed lifclonR by individuals of any age, and it's off the beach activity enhances the aesthetics for beach goers and waterside restaurants and hotels. Grandchildren of recent 'visitors often return fi~r out' Summer sailinl~ programs. We are currently seeking designation for our annual regatta as a qualifier for the US Team Trials, thereby attracting young sailors throughout the US. o 10. II. 12. 13. Dcscribc thc local projcct and/or activity For which funds arc rcqucstcd: 8 A-2' To condnct lhe third annual Naples Sniling Center small bo,qt sailing regatta, primarily for youth ages 8- 18, in conjunction witl, ti, e Cit.,,, of Naples Diamond Jubilee celebration. Participants are expected to number between 130 - !$0~ with the vast majority (80%) being out of county guests. This two day regatta will require most participants to arrive Fridav evening and depart Sundav PM. ' - What is (arc) thc scheduled date(si For your projecfdactivily? November 14/15, 1998 I las your organization previously rcccivcd ('oilier County Tourist [)cvclopmcm Ft, nding? Yes ( ) No I X) Discuss how your organization will IllC;.lsttr¢ the number oftot, rists altr~,ctcd and thc number of room nights generated by your cvcnt: Enlry form registration is required of :Ill participants, specifying home address and club affiliation. Ali youth arc reqt, ired to lie accompanied by parents and/or coaches. This two day event will require both a I:riday and S:,urday night stay. l.oc.'d hotels will be requested to bl~)ck rooms for particip;~nts. Identify tile estimated number oF"out of Cot, nty" spectators or particilx, ms for your organization's speci:,l event and indicate the mclhod for your estimation: The estimated number is 2110. This figure includes 110 out of County participants and 90 parents, coaches, and accompanying family men~bers. The estimation is b:lsed tin the historical experience of the Naples Sailing Center R:,cing Teams attendance at some fifteeu area regattas per.,,'ear. Idcntif'y thc estimated number of'hotel/motel or campground nights generated as a result of your organization's special cvcnt and indicate thc method for your estimation: 88 rooms for Friday night and 88 rooms for Saturday night. 80% ufthe 1 I0 out of Countv participants will purchase accommodation. Travel distances for 80% of the ot, t of Count'S' participants will be in excess ora four hour roundtrip. Due to the early start racing time~ on Saturday and Sunday mornings, participants will opt to stay both nigi~ts. Disct,ss tile capacity o£ thc project lo cra'ich tile artist'ic, cultural, and environmental attractiveness of thc visiting public and compatibility with Ibc community in general' The event is, in general, co,ducted fin' tile benefit of thc sailin~ .vovth of ('cntral and South Florida. Sailboat racin~ enha,lces a child's self-dependence and self-esteem, and encourages him/her lo enjoy and respect the natural environment. Naples is ide'.lllv located to provide the opportunity to utilize it's natural resources through the sport ofsailin~ which is a clean and non- polluting activity idealh' comp:,ible with the Naples community. 14. Demonstrate your organization's ability to generate support from sources other than the Tourist Development funds. Include in-kind scr,,'iccs as well as other funding sources: (Be specific) The principle income will be derived from the participant's entry fees. Sponsorships from local area businesses will be pursued to support the regatta. The Naples Sailing Center depends largely upon the generosity and volunteer support of those within it's own organization. Applications must be accompanied by tile £ollowing: a) b) c) d) e) Incorporation documents. For non-profit organization, verification of status. Last fiscal year financial statements. Time linc for thc cvcnt. For request oC$25,000 or less: i) Detailed budget for project, specifying which items TDC flmds will fired. Refer to ineligible cxpcnditurcs in thc guidelines. ii) Provide marketing plans, identifying how tile event will be promoted to draw out of County visitors. For requests grcatcr than $25,000: i) Funds may only be used for advertising and promoting your organization's event. ii) I~rovidc an overall budget for the event. iii) Providc a detailed marketing plan including the media to be used to promote event, frcqucncy of advertisements, reason media to be used was selected, and any other inl'ormation pertinent to tile promotion. I have read the Tourism Grant Program guidelines and criteria. Si~r~.ture of Organi.zation's Chief Official [)ate: Naples Sailing Center 8 EXillBIT "A" NAI'LES SAILING CENTER REGATTA November 14/15, 1998 I'ROI'OSED BUDGET Tourist Dcvelopmcm ('otmcil (TDC) ftmding, is requested for the following expenditures: Advertising" Tentage Tables and Chairs Security T-Shirts ~ ",.i [)Il',' ~ Guest Spcakcr/l~ntcrtainmcnt '..~? 3&'" Insurance PA System Porta-Potty's Racing Equipment Rental Printing/Postage TOTAL $5,650.00 P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 Sailing Center 8 NAI'LES SAILING CENTER REGATTA November 14115, 1998 I'ROi'OSED BUDGET Entry Fees (130x .$45) Bar-B-Q ( 40 x S 5) S 5.85O S 20o Total $ 6,05(I Expenditures Requested TDC Funding Advertising $ I J)00 $ 1,000 Tentage $ 800 $ 800 Tables and Chairs S 400 S 400 Security $ 3OO $ 300 T-Shirts S 1,20() $1,200 Guest Spcakcr/l:'nlc~lainmcnt S 1,500 $ 1,500 Insurance $1,200 $1,200 PA System $ 3o0 $ 300 Porta-Potty's S 2()(} $ 200 Racing Equipment S 800 $ 800 Printing/Postage S 50O $ 500 Bar-B-Q S 1,500 $1,500 Lunches S 1.00o $1,000 Breakfasts $ 5¢)0 $ 500 Miscellaneous $ 500 $ 500 Troph. ies S 1,4(10 0 Total $13,100 Total $1 i,700 l,ess income $ 6,050 Net l.oss (S7,050) Requested Funding $ 5,650 P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 Naples Sailing Center NAPI~ES SAILING CENTER November 14/15, 1998 MARKETING~P! Thc Naples Sailing Center l*,cgaua ,,','ill hc promoted to draw out of County participators as follows: Published birnonlhlv hv thc IJnitcd States Optimist Dinghy Association (USODA). All Optimist dinghy racers arc required to hc members of' the USODA ofwhich approximately 400 are based in Florida. A firll page advcrliscmcm Iht thc regatta ,,','ill be published in bolh the At, gust arid October editions. 2. "l,aser Sailor" National publication scm lo all members of thc Laser Sailing Association (LSA). Published quarterly, a fifil page advcrliscmcm wi II appear in the Scptcmbcr cdhion. Publication xvill reach a minimum of 90 active Florida Laser sailors. Mail Out A three page regatta notification w/Il bc individually rnmled to all Florida based members of USODA and LSA. Mailing labels arc available from both Class organizations. The regatta notification xvill include specific details of thc regatta to include a comprehensive listing of all local area hotels/motels with telephone numl~ers Yacht Clubs/Sailing Centers A regatta notificaticm will bc mailed to tile fifteen yacht clul~s/sailing centers in Central and South Florida which actively SUplmrt both Optimist dinghy and lmscr racing. Thc purpose of the notification is to ensure coaches arc aware o1" tile event and no scheduling conflicts exist. Naples Daily News 'File Naples Daily News has historically published oulslanding articles and photographs of past regatta events. It is hoped lhal a mRjor sports article will be published during the week prior to the event and I'ollowed up with photographs and race results at the conclusiorl of the weekend. P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 Naples Sailing Center 8 A-2 NAPI.ES SAILING CENTER November 14/15, 1998 TIME IANE February 1998 Regatta notification mailed to thc t :nitcd States Optimist Dinghy Association (USODA), the Laser Sailing Association (LS:\). and Iht l:lorida Youth Sailing Association (FYSA) for inclusion in the respective regatta schedules. March 1998 Application for Tourist Dcvclopmcm Council funding submitted to thc Administrator. Pein'fit applicati'on submitted to thc ('it,., off Naples for use of Lowdennilk Park. April 1998 Ti)C ;,pplication consideration and approval. Conlh'mation of event scheduling with [JSODA, LSA, and FYSA. ,May 1998 Noli Iicalion of regatta event to' t initcd States Coasl Guard Florida Marine Patrol Collier County Shefi frs Office Naples Police Depadmcnt Marine Unit June 1998 Commence business sponsorshil~ applications. Aueust i 998 Regatta noti fication mailed to coaches of area yacht clubs/sailing centers. Full page advertisement published in "Ol'~tincxvs". .Seple'mbcr 1998 " Full page advertisement pul'dished in "l.:mcr Sailor". Three page regatta notification mailed out lo all Florida based members of USODA and LSA. October 1998 Scccmd fi~ll page advcrtiscmcm in "()ptincws". November 1998 ! 4/15 - Regatta. P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 ,,~' ~ ~ u 8 A-2~ [ certifv that the attached is a true and correct copy of the Articles of Incorporation of NAPLES SAILING CENTER, INC., a corporation organized under the Laws of the State of Florida, filed on MaV 8, 1991, as shown bv the records of this office. The document number of this corporation is N43312. ARTICLES OF INCORPORATION OP' NAPLES SAILING CENTER, INC. 8 FILED ?l' '"'"' ': ' $ t':';i 2.: ..: ¢-',"DrT' ~" OF STATE FLOR:D,, A-2 In compliance with the requirements of Florida Statutes, Chapter 617, the undersigned, bein9 of full age, does this day certify for the purpose of forming a corporation not for profit as follows: ARTICLE I: The name of the Corporation is Naples Sailing Center, Inc. ARTICLE II: The corporation shall have perpetual existence. ARTICLE III: The corporation does'not contemplate pecuniary gain or profit, and the specific purposes for which it is formed are to operate a sailing school for the teaching of skills related to the sailing of boats. ~he corporation shall have such powers as are permitted by Chapter 617 of the Florida Statutes, as the same may be amended from time to time. ARTICLE IV: The qualifications for members and the manner of their admission, if such is provided, will be regulated by the by-laws of the Corporation. ARTICLE V: The initial registered office of this Corporation is located at 896 River Point Drive, Naples, FL 33942, and its initial registered agent at that address is John C. Feirich. ARTICLE VI: There shall be three (3) managers constituting the initial board of managers, and the name and address of each person who is to serve as an initial manager is as follows: John C. Feirich, 533 15th Ave. So, N~ples, FL 33940, an adult person. Ed Magruder Jones, ?. O. Box 2236, Naples, FL 33939, an adult person. Kingsley Purton, 594 Gold Coast Court, Marco Island, FL 33937, an adult person. ARTICLE VII: There shall be one incorporator, namely John C. Feirich, whose address is 533 15th Ave. So., Naples, FL 33940. ARTICLE XII: BY-LAWS The By-Laws of this Corporation shall be adopted by the Board 8 A-2 of Managers and may be aA. tered, amended or rescinded as provided in the By-Laws. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Florida, I the undersigned, constituting the Incorporator of this Corporation, have executed Articles of Incorporation on this ~ day of ~ 1991. n C. Feirfch STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowlwdged before me this day of ~ by John C. Feirich. · Notary Public My Commission Expires: INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 401W. PEACHTREE ST. NH ATLANTA, GA 303&5 Dear Applicant: DEPARTMENT OF THE TREASURY 8 A-2 If we have indicated in the heading of this letter that an addendum, applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private fo,tndation status, please keep it in your permanent records. If you have any questions, please contact the person whose na~e and telephone number are sho~n above. .. District Director Grantors and conbribut,:,rs may rely. on this de~.erminatio,~ unless the t~nternal Revenue Service publishes notice to ~he contrary. However, if yo,~ lose your section 509(a)(2) status, a grantor c,r c,)ntributor may not rely this del;ermination if he or she was ih part resp,)n.sible for, or was aware the act or fai lure to act, or the substantial or material change on the part of the organization that resulted in ye,ir loss of such stat;us, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you Hould n,:, longer be classified as a section 509(a)(2) organization. Your exempt status under section 501(a) ¢,f th~ Internal Revenue Code a~ an organization described in ~ection 50I(c)(3) is st~;I ~n effect. Based on the informat!on you submitted, He have duterminee thct you are nc,: a private foundation ~ithin the meaning of section 509(a> of the Code because you are organization of the t,/pe described in section 509(a) -- This m,:,difi~s our letter of the above date i,~ Hhi,:h ~.'e stated that you ~ould be treated as an ,)rganiza~.ion. ~hat is not a prival;e f,:,,tndabion until the expiration of yaur advance ruling period. Naple.s Sailing Center 8 NAPI~ES SAILING CENTER Profi! & l,oss Statement - 1997 Program Services Regatta Income Contributions Total Income $15,752.04 $ 4,772.46 $ 6,343.00 $26,867.50 ~XPENDITURES Instructional Costs Insurance Licenses Office Expense Postage Teaching Supplies Boat Repairs Regatta Expense Social Security Tax Florida Unemployment Ta× Boat Supplies Subscriptions Travel Wages Fee Rebate N/G Check F.I.T. Total Expenditures 810.00 2,851.8O 99.20 328.69 52.80 1,261.81 1,796.68 5,020.01 2,028.24 89.10 1,769.57 150.00 699.00 9,860.25 75.00 180.00 68.00 $27,140.15 Net l,oss ($ 272.65) P.O. Box 1251 · Naples, Florida 34106 · (941)435-9932 8 A-2 1998 TOURISM AGREEMENT BETWEEN COLI, IER COUNTY AND NORTH NAPLES LITTLE LEAGUE, INC. REGARDING NAPLES I.ITTI,E LEAGUE SPORTS FESTIVAL THIS AGREEMENT, is made and entered into this c.~ day of ',"¢'~,"J--.-- 1998, bv and between Norlh Naples Little League, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State o£ Florida, hereinafter referred to as "COUNTY." WI-tEREAS, thc COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") fimdcd by proceeds fi'om tile Tourist Development Tax; and WItEREAS, thc Plan provides that certain of tile revenues generated by the Tourist Development 'Fax arc 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 Tax Council and the County to use Tourisl Development Tax funds for a Sports Festival including adult fl~a.,g football, adult and youth softball, duathlon and 5K race scheduled for August 7-9, 1998 (the "Event"); and ' WHEREAS, thc COUNTY desires to fund the proposed Event pursuant to this Agree- menI. NOW, TItEREFORE, BASED UPON TIlE MUTUAL COVENANTS AND PREMISES PROVIDED IIEREIN, AND OTItER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. SCOPE OF \VOP, K: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide thc IEvcnt. Tile date(s) of tile Event may not be changed without an amendment Io this Agreement its provided in Section 17. 2. PAYMF, NT: The amount to be paid under this Agreement shall be Eight Thousand DolJ, ars (58,00(,).00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses tis described in Section I upon submittal of an invoice and upon verification that the sen'ices described in the invoice arc completed or that goods have been received. GRANTEE shall determine Ihat thc goods and scrviccs have bccn properly provided, and shall submit invoices to thc County Administrator or his designee. Thc County Administrator or his designee shall dctcnninc that the invoice payments are authorized and the goods or sen'ices covered by such invoice have bccn provided or performed in accordance with such authorization. The line item budget attached as l:.xhibit "A" shall constitute at,thorization of the expenditure described in thc invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have bccn paid for work and materials from previous payments received prior to receipt of any timber pasta'rants. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhil~it" A." 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 GRAN'rEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. EI.IGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible cxperJditurcs shall be repaid to COUNTY within 30 days of COUNTY's written request to year after 1) 2) 3) repay said funds. COUNTY may request repayment of funds for a period of up to one termination of this Agreement or any extei'ision or renewal thereof. addition, thc following items are ineligible expenditures: ,,\n,n,al operating expenditures not directly related to the activity or project. I!mploymcnt of personnel not directly related to the activity or project and not speci- fied in grant application. Capital improvement, including but not limited to new construction, renovation, rcs- Ioration and installation or replacement of fixtures. 2 8 thc duties peri'on]lcd, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure thc continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE rfiay select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to tile reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for nnrcasonable expenditures. The rc:~sonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all 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 pcrfom~ancc of this Agreement or work performed thereunder. Tffig 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 way by tile agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly sen'ed if mailed by registered or certified mail to the GRANTEE at the following address: Brctt Ortcngrun, President North Naples Little League 1441 Pine P, idgc Road Naples, Florida 34109 All notices from tl~c GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or ccrtificd mail to thc COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamianfi Trail East Naples, Florida 34112 The GRANTF~E and the COUNTY may change the above mailing address at any time upon giving thc other party written notification pursuant to this Section. 9. NO I'ARTNERSIqIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTIZE, or its vendor or subcontractor, as an agent or employee of thc COUNTY. I0. TF~RMINATION: Thc COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY tem'finates this Agreement, the COUNTY will pay thc GRANTEE for all expenditures incurred, or~ contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective dale of the temfination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COL/NTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient lo justify the use of tourist development tax funds. I1. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and kccp tourism funds in a separate checking account. Ail revenue related to thc Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORI)S: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTI'..'F. agrccs that thc 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, 8 A-2 and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written con,;ertl of the COUNTY. 14. TERM: This Agreement shall become effective on Idate Board approves] and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirly (30) days prior to the expiration of this Agreement, and tile COUNTY may agree by amendment to this Agreement to extend tile term for an additional one year. Any funds not used by GRANTEE during tile Icrm of this Agreement and any extension thereto shall be available for future applicants. 15. EVALLIATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event idcntiFying thc success of tile event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and ho', attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days ofthe date of the event. 16. REQLIIRED NOTATION: All promotional literature and media.advertising must prominently list Collier County as one ofthe sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 8 A-2 IN WITNESS WItEREOF, tim GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. .ATTEST: DWIGHT E. BRO~K, Clerk / jR'test as 1~o ~-'-Y , ,;/Signature on 1~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES' (1) _ Primcdrl)l~ed Nan,: NORTIt NAPLES LITTLE I.EAGUE, INC. I'rintcd?ryped Name / By::~ Printed/Typed Na~/ Printed/Typed Title (corporate seal) Approved as to form and legal su ~ciency H~ ~'.'4¢Asl~ton V ' Assistant County Attorney h:hg~hfa\Ogldc\Nor~h Naplcs I.ttdc I.eatme. Inc. 0~ 199~ 11: 421:~1 P2 8 A-2 TDC Grant Regi~trat{on Sponsorships Hotel Rebate Concessions T-shin Sales Total l~fiows $8,000.00 $15,985.00 $5,O00 00 $I,500.00 $750.00 $ I, 100.00 S32,335.00 Outflows Referees Fast Action Staff Police StaffMeals Insurance Awards T-shins Application Printing Postage Advertising Transportation Equipment Rentals StaffLodging Beverages Travel Duathlon Food Misc. Total S2,000.00 $1,000.00 $4,350.00 $500.00 $2,250.00 $1.250.00 Sl,50o.o0 S3,760.00 $1,200.00 $960.00 $2,250.00 S500.00 S500.00 $1,700.00 $1,022.00 5;500.00 S200.00 SSO0.O0 S26,242.00 - Exl~ndituresfor Grant. . Balance of $840. OOfrom Referees. ~ ~ i i,llll~ llll iii iii,iii III I I IIIIIII IIII ~ IIIIII III I RECEIVED Collier C,n, nly Tourist Development Council Grant Application C'atcgory 11-2 l,ocal Projecls and/or Activities Which i'romote Tourism APR I 4 1BBS ttOUSIN,'~ & URBAN IMPROVEM[ NT 8 A-2 Name and Address ol'A pplicant Organization: North Naples l.ittle t.cague 1441 Pine Ridgv Road Naples, Fl. 341,)9 ()rganization's ChiefOllicial and title: Ilrett Ortengrun - President Person, Title mid Phone Number: 1½roll Ortcngrun - President Marlo Signor(Il,) - Event Coordinator (941 ) 598-g897 (305) O554)627 Al~plicant request for $ ....O0 or less Yes i lmv much TDC t'unding is vour organization requesting? $13,500.00 I~,rlclly describe your organization's capability to promote Collier County as a tourist destination: The combined efforts oF Nonb Naples and Champion Spt)ns Productions (('SI:') will draw adult flag Football players, runners and bicyclists, aduh and youth softball players from all over thc state for one weekend. All of these athletes compete in either C'SP':: other events, or are on the same circuit as the North Naples Softball Circuit. When recruiting teams via print and electronic media, we are recruiting a niche m u'kct we ah'cady control, with the United States' largest adult Ilag fimtl)all league Fast Action Football, the largest Duathlon (running arid biking) Series in the So~theast, and thc Softball Series. I)cscribe thc local project and/or activity for which funds are requested: Naples Sports Fastival is a combination ofdiffercnt sporting events all combirwd in one xvccke '~d. Thc c',cnts are. Adult Flag Football, Aduh and Youth' Softball. and a l)uathlon and 5K race. A golf"tournament is held on Friday afternoon targeted at ct trent Sport.q Festival participants. Tim events will bring participants and familie:, over a I~'mr day period. \Vhat is (arc) tim scheduled date(s) for your project/activity? ALIgLISt 7 - 9 l0 II. 12. 14. I las your organization [,reviously received Collier County Tourist Development fitr~ding'7 Discuss how your organization will measure tile number el'tourists altracted and the Immbcr of mom nights generated by your event: All participators, once on sile, will he requested to sign an inlbrrnation I'orni stating age. which coun:v they are from, how many in traveling party, which I~otcl staying (iFapplicable), and hmv many nights Identify the eslimated n m~ber of"out of County" spectators or participants I'or your organization's spe,:ial event and indicate the method for your estimation: \Ve estimate 1,250 "out of County" visitors ranging from one Io three night stays These numbers arc based on past track record ofevcnts held in Collier Counly. and cxcnls average m~mbcr ofparlicipants. For every Football, Aduh Sof'lhall. and I)uathlctc we compute a .5 traveling party, with youth softball at a I I ratio Iden!i['y thc estimated n mil,er of hotel/motel or campground nights generated as a rcsuh el'your organizal oh's special event and indicate the method for your estimation It is estimated tltat the 1,250 people will produce 1,762 overnight stays This number is calculatcd by the average Ibotball and softball pamicipant staying 1.75 nights, and 125 for l)uathlctc. Staffing will be approximately 30 people three nights fi~r an additional 90 nights bringing the estimated total to !,852. l)iscuss thc capacity of thc projec! to enrich the artistic, cuhural, and environmental attractiveness of the visiting public and compatibility with community in general Thc "<ml of ('et nty" participants view the Naples Sports Festival as a get- a-way weekend involvi~g sports. '['he Friday GolCTournamcnt, and Friday night Kickoff I)any as well as participating sponsors are aimed at increasing the traveling parties. All participants are given information on other area attractions, shopping, and entertainment 1998 will mark the fifth year ofevents ofthis nature in Collier County, thc rctm'n rate increases each year with the emphasis on families. The competition also gives ('ollier County residents the ability to compete in events wilh people fl'<ma other parts of the state i.n their own backyard. Dernonstratc your organization's ability to generate support from other sources other than the Tourist Dcvclopmcni funds. Include in-kind services as well as Ihnding sources (lie sp~citic) The ex'tnt will be supported by local and national sponsors, llotels, and all participams pay an ent~': fcc. Revenue is also generated through concessions and merchandise stiles ('orsiderablc products (i.e. Gatorade, water, food) are donated I'or tile events 15. Applications must be accompanied by the following: a) Incorporation doctmmnts b) For non-profit organization, verification o~status c) l,ast fiscal year financial statements dj Time linc liar the ~vcnl e) For request or$25,000 or ineligible expenditures in the guidelines. ii) Provide marketing plans identifying how the event will be promoted to draw out o~Counly visitc,rs. I) For requesls greater than $25,000' i) Funds may be used {rely lbr adve~ising and promoting your organization's event iij Provide an overall I.udgel fi~r the event. iii) Provide a detailed be used to promott event. I?cquently of advertisements. reasons media to bc used was selected, and any other information perli,ent to thc promotion. I have read thc Tourism Grant [:'rograrn guidelines and criteria gi~nature of Organizati~f Official 8 /1-2 a, b, c) Thc incorporation documents, for non-profit organization, verification status, and last fiscal year financial statements ,.viii follow. d) Timeline: l_:.rj..d a.y_ t~_u.gust 7th 7 O0 - lO'O0 Golf Tournament Welcome Reception .."; at_t trsJjr y o00 AM lo 6:0~) PM o 00 AM to 8:0~)PM 9:00 AM to 8:00 PM I 00 PM to 5:0(~ PM Flag Football Tournament - Veterans Adult Softball Tournament - Veterans Youth Softball Tournament Duathlon and 5K Pre-Registration 7.00 AM 7'45 AM 9:00 AM Io 4:0~) PM 9'00 AM lo 4:0~) PM 0 0O AM to 4:01) PM 5K Run - Lawdermill Park Duathlon - Lawdermill Park Flag Football Tournament Adult Softball Tournament Youlh Softball Tournament ¢) ii) Out of County Prorrotions The aduh sports ,.,,'ill rely primarily on CSP's niche market database of over 3,000 athletes; selected print and electronic media in various parts of the state. Thc youth softball tournament will primarily attract teams from other tournaments on the surnmer circuit, in which the youth league now competes. : Champ Sports Productions F"r'lOt,lE ~. : 385 655 8697 g:q:,r. 17 1998 10:E~1P2 8 A-2 o 1997 NAPLES SPORTS FESTIVAL SUMMARY OF EVENTS Kick OffParty, (~ality Inn GolfResort, 200 in altandancc August 8th 4-on-4 Flag Football Tournament, Veterans Park, August 9/lOth Firsl yeas in Naples 21 teams of 10 pla::erx = 210 partlmpanls 200 from outside C:olliex Coun .ty + !.00 in traveling par'dca Average stay = 2 nights x 300 people -, 600 overnight stays Men's Class D Softball Tournament, Veterans Park, August 9/10Ih 16 teams of 15 players = 240 participants 120 from outside ('oilier Count)' + 60 additional traveling parties Average stay - 2 nights x 180 - 360 ~ght Naples DuatMon (Florida DuatMon Series), Lowdermilk Park, 168 participants 122 from outs/de (:oilier Count}' + $4 ~_,SdRional traveling parties Average sma3' = 1.2 nights x 162 ,,, 194.4 overt~t stays August 10th 5K Run (Florida DuatEon Series), Lowdennilk Park, August lOth 57 participants 19 from outside Cx,lliex County 4- 5 additional travding parties Average stay = I night x 20 = 20 overnight ~-ys CSP Staff+ Trave!ing l'~u-ty = 29 Ave.rage slay = 2.5 nighl.~ x 2') = 72.3 o('~light shays Champion Sports Producti~$ PHOI~ NO. : B4~ 655 0697 ~4pr. 17 1998 TOTALS: Part/cipants = 704 (461 from outside of Collicr County'} Es! # m'ernight I traveling participants and parties '= 691 Est. #ovcrnight stays = 1,246.9 x $108.00 (daily rr uldplier) = $134.665.20 ECONOMIC IMPACT The economic impact figures a:'e provided by thc Florida Sports Foundation systcm, which is baaed on total number of participants, number of outside the area participants and tnweling parties. The total hUrt, bet of overnight visitors is then multiplied by $108 for each overnight stay. These figures ate based solely ,n overnight stays and do not factor in the impsc~ of pre- event nvaketing outside of Collier County or any post. event publicity. Also not included is the "Super Bowl Muhiplier" of' 1.78 for second generation dollars, or the additional dollars spent by local busines~s as a result of increased revenue 8A-2 Local Sponsors.'.. B,T. Boomers Bar & Grille Collier County Napl~ on the Run Bike Route Coastal Beveragc Qual/t7 Inn / comfotl Inn Holiday Inn L.__ocal Volunteer Crro. ups/ N0n-Pr0fit Organi~ti0ns: North Nai: les Little L~tg~c Naples Little League GULF CDAST RUNNERS P.O BOX '8636 NAPI,ES, [:I...14102 TO'TOI tl~,lR'l' I~!:\"t:l OPMF_NT COI, INCll R F. N.'\Pl.I".c-(~.',,~,'!'t IF-RI ~N 20-K i 8 ? RACEPI,ACI{~!.,XCi,k/iNE 2ADS -- FI.ORII)A RI ~NNI~(i 2 ADS --$tt~flO FI.ORIDA SPORT~ I ADS TOTAl. ~2400 GUI.FCO.,~S'F f>,! ~N?,,.~i:i.,,S \VII,L DISTRIBI rTF (.,t)oo APPI,ICATIONS TO ?.[ 'NNING CI,UBS ..\ND -VI'I llrl .ITIC STORES fiT,.\TF WI[317 TI IE RACE'O, qI,l. I!F ON THE INTERNF. T WI: Fl:FI. THAT THIS YEAR WF WII.I. HAVE 500 RI'NNERS.' ALL PRO("I:.F.I)Sq FRO~,1 Tt'IE RACE Wll.l (iO TO YOUTH !3EVEI.OPMENT Ft./ND TIIANK YO[I l:()l{ Y¢)I 'R PAST CONTRIBI "rlONS ..\ND FOR YOI.?R CONTINUED SUPPORT PERRY SII.V'I:.I~M.SN RACF. EXHIBIT "A" BUDGET Print Advertising S3,500 South Florida Running Forum (3 Ads) Race Place Magazine (2 Ads) Florida Running (2Ads) Florida Sports (1 Ads) 8 (,'oilier' Cou n ~y To. tis! Development Council (; r:t.t Applicn(ion (5~lc~oO' !~-2 l,ocal Projects nncl/or Aciivilics Which Promote Tourism 8 l)evelopmcnl (]ouucil meeting ('1'I)(7 IllCt:lS the third Monday of the mo~tth) Applicali.n~; nm.st I)c received at thc below address: Administrator/I)i rector Collier County Tourist l)evelopmcnt Council County Administrator Office Administration Building, 2"4 Floor 3301 'l'nrniami Trail l-2'tst Naples, Florida .34112 Name and Ad(hess of Applicant Organization: Organization's Chicf()fficial and title: Contact Person. 'l'idc and Phone Nt,mber: Applicant rcqt,c:;t Ibr $25,000 or lcss:~ Applicant rcqu¢:;t for over $25,000: 'How much TI)C lun~li~u.; is your organization Briefly describe your organization's capability to promote Collier County as a ~,n,~:;t destination: 9. l/a.'; your organization prcvi(~u:;ly received C:ollicr County Tourist I)cvclol)mCut 10. Discuss how your organization will mc:t.qurc the number of tourist auractcd and the number of room nights generated by your event: ! !. Identify ti'sc estimated rtumbcr of "out o£ County" spectators or participants for your organiz:ttiou's special event and indicate thc method for your estimation: 12. Identify the estimated number of hotel/motel or campground nights generated organization's special event and indic,ate Ih¢ method for your ¢:;ti,nation: as a result otc )'our 13. Discuss thc capacity of the pro oct to enrich thc artistic, cultural, and cnviro,m'~crttal attractiveness o£ thc visiting public and compatibility with cornmunity in general' ~Dcmonstratc your org;mb,;~tlon's ability to gcncrat¢ support from sources othcr than thc Tourist Development funds. Include in-kind services as well as other funding sources: (Be specific) 15. Applications must be accompanied by thc [ollowing: a) b) c) d) e) Incorporation documents -. For non-profit organi?~'~tion, verification of status Last fiscal year financial statcm'ents Time line for the event For request of $25,000 or Icss: i) Detailed budget for' project specify which items TDC funds ,.viii fund. Refer to ineligible expenditures in the guidelines. ii) Provide marketing plans idcntifying how the event will be promoted to draw out of County visitors. For requests greater than $25,000: i) Funds may be used only for advertising and promoting your organization's event. ii) Provide an overall budget for the event iii) Provide a detailed marketing plan including the media to be used to promote event, frequently of advertisements, reason media to be used was selected, and any other infom~ation pertinent to the promotion. I have read the Tourism Grant Program guidelines and criteria Signlture o[r'~ani~tic~n s Chi'~r Omcbl fl '~T{JIIRI4~I I)f'¥fl.OrM! NT (~Ol/N~lt.qlt)~. GtJll)l!l.l~l.~, ,~,PI'I.ICA I e.5/].2/1998 1.4: 4;) 6438898 GAR~E]~' (~TRU~T ION 8 Tournament costs Costs : TDC FUNDING Officials Programs Naples Sports Foundation, Inc. d/b/a Naples Girls Basketball Foundation Budget Spring Classic 1998 4,400.00 600.00 5,000.00 5,000.00 (5,000.00) 0.00 Collier County Tourist Developmenl Council (.~ ra,~l Application Cnlegory II-2 l.,cal Projects nnd/or Activities Which Promote Tourism 8 Co,nplelcd application:; m,::;t bc received 30 days prior to the April or October 'l'ouri:;t Development Council mccti !, ('1'1)C met:ts the third Monday of thc mtmth'L Applicati,m.s mtmt N: n'ccivct[ :it thc bclm. v address: 2 ,'\dm ini:;t rah~r/I)ireclor Collier County Tourist Development Cotmcil Cmmty Administrator Office Administrntion Building, 2"~ Floor 3301 Tamiami Trail Nalflc:;, Florida 34112 Name and Address of Applicant 2. Organiz.ation's Chief Official and title: 3. Contact Person, Title and Phone N (.~ ,Sql- 2q5 Z ~...~ deu---S ' (oq.3- 2qCO o Applicant request for $25,000 or less: Applicant request for over How much TDC. fi,haling is yot,r ot.t;aniz;~li~l~ rcqucxting.':~ s 5,t3C~ Briefly describe your organiatlion's capabililv to pronmle (..'oilier County as a tourist destination: _ - ' .. : _ /q- '7. Describe thc local p,'ojcct and/or aclivity [or which fumts are requested: 9. Has your organizalim~ previously received Collier County Tourist Development Yes ( ) Na ~ I0. Discuss hov., your organization ,,viii n'masure tile m;rnber of tourist attracted and tile number of room nights generated by your event: ~c~aJ ~be.~ oF h~s in b~. c_~r:¼ ¢__am's c'csad, n ! !. Identify the estimated number of "out of County" spectators or participants for your orgamzatlon :, special event and indicate tile mclhod for your estimatmn: &e~0rdt~ b ~m ro~rs. ~c tnas~ 12. Identify the estimated number of hotel/motel or campground nights generated as a result of your organization's special event and indicate the mci[md Iht your estimation: 13. Discuss the capacity of tile project to enrich Iht arti:;tic, cultural, and environmental attractiveness of tile visiting public and COmlaatibility with community in general: Wd~ ~s from .or_ 't~ VL~k am' .mq their ~tmji~ c~r cc, nmundu. Spr~ C,~ssic 14, Dem¢)nstratc your organizations ability to gcncratc supporl from sourccs otbcr thnn ! Development funds. Include in-kind services as well as other funding sources: (Be specific) 8 A 2 the Tourist 15' Applications must c accompanied bv thc following: a) b) ¢) Lnst fiscal year financial statements d) Time line for the event ':Eot request of':$25,000 or less: i) Detailed budget for project specify expenditures in the guideline:;. Incorporation documents For non-profit organization, vcrilicati(m of status which items TDC fi, nds will fund. ReA'er to ineligible ii) Provide marketing plans identifying how the event ,,viii bc promoted Io draw out of County visitors. For requests greater than $25,000: i) Funds may be used only for advertising and promoting your organization's event. ii) Provide an overall budget for the event iii) Provide a detailed marketint: plan including the media to I~c used to promote event, frequently of advertisements, reason media to be used was selected, aud any other infom'mtion pertinent ~., the prornotion. I have read the Tourism Grant Program guidelines and criteria Signature of Organization':; { ;hie f 0 fficial II ~?OlJ#l~i! l}l. Vl'Llil'l~ll;tll COUNCIt31'tX: C~UII)I;[.I!~I $ A PI'I. I1: A ! I, Collier Counly Tourist Dcvclopmcnl Council Grant Applicalion Calc~,,'y l~-2 l,ocnl l'rojcc~s and/or Aclivi/ies Which l'romolc Tourism 8 C,mmplelcd applicatim~s m,,.;t hc received 31) days prior to the April or (.)clol)ct I)cv¢lopmcnt C{mncil Illcctlll{,, ('J l)(..J III¢CES thc third Monday or thc month). Applicati,ms must Ix~ rcccivcd :n' {he bch~w ;uhlrcss: 2 · '\, hn ~ ni:;l r;m)r/l)ircctor C-11icr Cm]nty Tourist Development Council Cn,m~v ^dministrator Office ^dministrntion Building, 2~ Floor 3301 T:,miami ]'rail East Nat>h::;, Florida 34112 1. Nameand Address of Applicunt 2. Organi~tion's ChicFOfficial and 3. Conlacl Person, Title and l){mnc Numbci: o Applicant request for $25,000 or less: ~, Applicant request for over $25.¢)0f): l'h~w much TI)C fimding is you~ mg;mizat~,m rcqucsling':' Bricl]y describe your organiT~ti{m's Cal):{bllitv to pronmtc Collier County as a tourist destination: 7. Describe the local project and/or activity £or which funds arc requested: ~ ~ ~ 8. What is(are)tl,c schcd,,Icd date(s)rot your projcct/activity'Z_~fl~ 2'3. [qq~ / ~~-Zi 9. Has your organization previously received Collier County Tourist Development fimdit~g? Yes ( ) No ~ 10. Discuss how your organization ,,viii mcasurc tilt: number of tourist attracted and thc number of room nights generated by your event: I 1. Identify the estimated number of "out of County" spectators or participants ['or your organization's special event and indicate thc mclhod for your estimation: 12. Identify the estimated number of hotel/motel or campground nights gencn, cd as a result of your organization's special cvcm and indicaw tl~e mcflmd for your estimation: 13. Discuss the capacity o£ tile project to enrich the artistic, cultural, and cnvirot:mental attractiveness of the visiting public and compatibility with community in general: acdons, a¢om aq . · 8 A2 14. Dcmonstr~tc your or~anixadon's ability to gcncmtc Stlp~orl ~rom sourccs othcr tlmn Iht Tour~ ~ Dcvclopmcnt funds. Include in-kincl services as well as other fimcting sources: (Be specific) · ~" ~~~~u~l~~~6 15 ~o~&~ 6~~. [n ._ . ;' 15. Applicalions mus~ be accompanied hy c) d) e) lncorpormion documcms For mm-profit organization, vcrilic:~tim~ of ~atus i.ma fiscal year financial Time line for thc event For request of $7..5,000 or i) Detailed budget for projezt ~pccify which items TDC flmtts will tim& R~er to ineligible expenditures in the guideline:;. ii) Provide marketing plans idcntil3'ing how thc event will be promoted lo draw out of County visitors. For requests greater than i) Funds may be used only fl~r adverti:;ing and promoting ynur organization's event. ii) Provide an o~erall budget Ibr thc <vent iii) Provide a detailed markcti.g adve~isements, reason media to be used was selected, and :my other infom~ation pc~inent .o rite promotion. I have read thc Tourism Gram I'rogram guidelines and criteria ,Signature of Organization':; Chief Official II~TI)IIRI%T I)I;%'I'I.OI'I~II;N! Cf)UN(' t. ITIX (;U)I;L ;;I (, -',1' ' .1('*, ! Collier County Tourist Development Council Grant Application Category 13-2 Local Projects and/or Activities Which Promote Tourism Completed applications must hc received 30 days prior to thc April or October Tourist Development Council meeting (TDC meets the third Monday of the month). Applications must be received at the below address: Ailministrator/Dircctor Collier County Tourist Development Council County Administrator Office Administration Building, 2"'~ Floor 3301 Tamiami Trail East Naples, Florida 34112 Name and Address of Applicant Organization: Naples Sailing Center Inc. P.O. Box 1251 Naples, Florida 34106 Organization's Chief Official anti Title: MR Joe Bonness Iii - President Contact Person, Title and Phone Number: MR Peter G. Bolton - Secretary (941) 775-2695 (II) (941) 643-5506 (W) Applicant request for S25,000 or less: Applicant request for over $25,000: X How much TDC funding is your organization requesting? $5,650.00 Briefly describe your organization's capability to promote Collier County as a tourist destination: Numerous tourists are attracted by our location along the Gulf and the expectation of enjoying water related activities. Naples under utilizes this natural resource. Sailing is a leisure activity that can be enjoyed lifelong by individuals of any age, and it's off the beach activity enhances the aesthetics for beach goers and waterside restaurants and hotels. Grandchildren of recent visitors often return for our Summer sailing programs. We are currently seeking designation for our annual regatta as a qualifier for the US Team Trials, thereby attracting young sailors throughout the US. I0. 11. 12. 13. Dcscribc thc local project and/or activity for which funds are requested: To conduct the third aunual Naples Sailing Center small boat sailing regatta, primarily for youth ages 8 - 18, in conjunction with the City of Naples Diamond ,lubilee celebration. Participants arc expected to number between 130- 150, with the vast majority (80%) being out of county guests. This two day regatta will require most participants to arrive Friday evening and depart Sunday PM. What is (are} thc scheduled date(s) for your project/activity? November 14/15, 1998 Has your organization previously received Collier County Tourist Development funding? Yes ( ) No (X) Discuss how your organization will measure thc number of tourists attracted and thc number of room nights generated by your event: Entry form registration is required of all participants, specifying home address and club affiliation. Ali youth are required to be accompanied by parents and/or coaches. This two day event will require both a Friday and Saturday night stay. Local hotels will be requested to block rooms for participants. Identify the estimated number of"out of County" spectators or participants for your organization's special event and indicate the method for your estimation: The estimated number is 200. This figure includes 110 out of County participants and 90 parents, coaches, and accompanying family members. The estimation is based on the historical experience of the Naples Sailing Center Racing Teams attendance at some fifteen area regattas per year. Identify the estimated number of hotel/motel or campground nights generated as a result of your organization's special event and indicate the method for your estimation: 88 rooms for Friday night and 88 rooms for Saturday night. 80% of the 110 out of County participants will purchase accommodation. Travel distances for 80% of the out of County participants will be in excess ora four hour roundtrip. Due to the early start racing times on Saturday and Sunday mornings, participants will opt to stay both nights. Discuss thc capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the visiting public and compatibility with the community in general: The event is, in general, conducted for the benefit of the sailing youth of Central and South Florida. Sailboat racing enhances a child's self-dependence and self-esteem, and encourages him/her to enjoy and respect the natural environment. Naples is ideally located to provide the opportunity to utilize it's natural resources through the sport of sailing which is a clean and non- polluting activity ideally compatible with the Naples community. 8 2 Demonstrate your organization's ability to generate support from sources other than the Tourist Development funds. Include in-kind services as ,,veil as other funding sources: (Be specific) The principle income will be derived from the participant's entry fees. Sponsorships from local .nrea businesses will be pursued to support the regatta. The Naples Sailing Center depends largely upon the generosity and volunteer support of those within it's own organization. Applications must be accompanied by thc folloxving: a) b) c) d) e) Incorporation documents. For non-profit organization, verification o£status. Last fiscal year financial statements. Time line for the event. For request of $25,000 or less: i) Detailed budget for project, specifying which items TDC funds will fund. Refer to ineligible expenditures in the guidelines. ii) Provide marketing plans, identifying how the event will be promoted to draw out of County visitors. For requests greater than $25,000: i) Funds may only be used for advertising and promoting your organization's event. ii) Provide an overall budget for thc event. iii) Provide a detailed marketing plan including the media to be used to promote event, frequency of advertisements, reason media to be used was selected, and any other information pertinent to the promotion. I have read tile Tourism Grant Program guidelines and criteria. S, Jfi,~ture ofOrgani.zation S ~'h-~ef~fficiai Date: '~-~3 Sailing Center EXIil BIT 8 A-2' NAI'LES SAILING CENTI~I/REGATTA November 14/15, 1998 PROPOSEI) BUDGET Tourist Dcvcl,,pment Council (TDC) funding is requested for the following expenditures: Advertising Tentage Tables and (.'hairs Security T-Shirts Guest Speaker/Entertainment Insurance PA System Porta-Potty's Racing Equipmcn! Rental Printing/Postage TOTAl. S5,650.00 PO Box 1251 · Naplos. Florida 34106 · (941)435-9932 FI~C~q : Ch,amp~or-~ 5ports Producttc~s PHC~iE HO. : ~ 655 ~;cJ7 8 A 2 BUDGET TDC Grant ReRistration Sponsorships Hotel Rebate Concessions T-shirt Sales Total Inflows $$,000.00 $15,985.00 $5,000 O0 $1,500.00 $750.00 $I,I00.00 S32,335.00 .Outflows Referees Fast Action Staff Police StaffMeals Insurance Awards T-shir~s Application Printing P0~e Adve~slng T~spo~ation ~q~pment S~Lodg~ng B~erages T~vel ~on F~d ~SC. Total $2,000.00 $1,000.00 $4,350.00 $$00.00 $2,250.00 $1,250.00 $1,500.00 $3,760.00 $1,200.00 $960.00 $2,250.00 $500.00 $500.00 $1,700.00 $1,022.00 $500.00 $200.00 S$00.00 $26~242.00 - F. aInndituresfor Grant. . Balance of $840. OOfrom Referees. RECEIVED Collier County Tourist Development Council Gran! Application Category 1I-2 Local Projects and/or Activities Which Promote Tourism APR 1 1998 HOUSING & URBAN IMPROVEMENT Name and Address of ,a pplicant Organization: North Naples Little League 1441 Pine Ridgc. Road Naples, FI. 341,)9 Organization's Chief OFficial and title: Brett Or~engrun President Contact I)erscm, Title and Phone Number: l~rell Ortcngrtm President Mario Signorcll,) Event Coordinator (941 ) 598-9897 (305) 655-0627 4 Ar)plicant request for $:'.5,00 or less: Yes l lmv much 'I'I)C ft,nding is your organization requesting? $13,500 O0 Briefly describe your organization's capability to promote Collier County as a tourist destination. The combined etTorts of'North Naples and Champion Sports Productions (CSP) will draw adult flag football players, runners and bicyclists, adult and youth softball players from all over the state for one weekend. All ofthese athletes compete in either CSP':; other events, or are on the same circuit as tile North Naples Softball Circuit. When recruiting teams via print and electronic media, we are recruiting a niche m ~rkel we already control, with the United States' largest adult Ilag Football league Fast Action Football, the largest Duathlon (running and biking) Series in tile So~theast, and the Softball Series. l)cscribe the local project and/or activity for which funds are requested: Naples Sports Festival is a combination of'different sporting events all combined in one weeke ~d. The events ar~'Adult Flag Football, Adult and Youth' Softball, and a l)uathltm and 5K race. A golf tournament is held on Friday afternoon targeted at ct trent Sport.~ Festival participants. The events will bri,'~g participants and familie:, over a four day period. What is (arc) tile scheduled date(s) for your project/activity? /\U~US! 7 - () 10 l las your organization previously received Collier County Tourist Development~ funding? Yes II Discuss how your organization ,,viii measure the number of tourists attracted arid the number of mom nights generated by your event: All participants, once on site, will be requested to sign an information form stating age, which county they arc from, how many in traveling party, which hotel staying (if applicable), and how many nights Identify thc estimated n .~mbcr of"out of County" spectators or participants for your organization's spe.:ial event and indicate the method for your estimation: \Ve cslimatc 1,250 "out of County" visitors ranging from one to three night stays 'These m~mber's are based on past track record of events held in Collier (..'ounty, and ex'cms average number of participants. For every Football, Adult Softball, and Duathlcte we compute a .5 traveling party, with youth softball at a I I ratio 12 I.I h. lcn!ify the estimated n.~mbcr of hotel/motel or campground nights generated as a result' ol'your o~ganizat oh's special event and indicate the method for your estimation. It is estimated tltat the 1,250 people will produce 1,762 overnight stays. This number is calculated by the average football and softball participant staying I 75 nights, and I 25 fi~r Duathlct¢. Staffing will be approximately 30 people three nights fin' an additional 90 nights bringing thc estimated total to 1,852. Discuss the capacity ot' thc project to enrich the artistic, cultural, and cnviron,ncnlal attractiveness of the visiting public and .compatibility with cc>mmunity in general The "out ol'('Ot nty" participants view the Naples Sports Festival as a get- a-way wcckcmt involvittg sports. The Friday Golf Tournament, and Friday night Kickoff' l>any as well as participating sponsors are aimed at increasing the traveling parties. All participants arc given information on other area attractions, shopping, and entertainment 1998 ,,,,,ill mark the fifth year of events of this nature in Collier County, the rettnn rate increases each year with the emphasis on families. The competition also gives {,oilier County residents the ability to compete in events with people from other parts of the state i_n their own backyard. I)cmonslralc your orga~li/.atioll's ability to generate support from other sot~rces other than the 'l'm~risl I.~cveloprnen{ £unds Include in-kind services as well as lhnding sources (be sp,tcilic) The event will b,: supported by local and national sponsors, Hotels, and all participants pay an chic'; fcc Revenue is also generated through concessions and merchandise sales ('orsidcrable products (i.e. Gatorade, water, food) are donated for the events 2 0 Applications mttst be accompanied by the following: Incorporation docul~lcr~[s For non-profit organization, verification of status I.ast riscal year financial statements Time line for the ~x'ent For request of $25.000 or I,:ss i) Detailed budget For .0rojcct specify which items TDC funds ,.rill fund Refer ineligible expenditures in the guidelines. ii) Provide marketing plans identifying Ilow the event will be promoted to draw out ot'CourW visitc.rs. For requests greater than $25,000: i) Funds may be used only for advertising and promoting your organization's event ii) Provide an overall budget for the event. iii) Provide a detailed n~arketing plan including the media to lie used to promote, event, frequently ofadvertisements. reasons media to b,: used ,,vas selected, and any other information pertinent to tile promotion. 8 A 2 I have read the Tourisnl Grant ?rogram guidelines and criteria 5~gnature of Organization s--Chief Official Date: t'"i- / ~ '~'(-(/ 8 a, b, c) The incorporation documents, for non-profit organization, verification status, and last fiscal year financial statements will follow. d) Timeline: Friday_6_._ugu st 7th 230 PM 7:00- 10 00 PM SaturdayAugtlst 8th 9:00 AM to 6:00 PM 9:00 AM to 8:00 PM 900 AM to 8:00 PM 1.00 PM to 5:00 PM Golf Tournament Welcome Reception Flag Football Tournament - Veterans Adult Softball Tournament - Veterans Youth Softball Tournament Duathlon and 5K Pre-Registration Sunday August 9th 7:00 AM 745 AM 9.00 AM to 4:00 PM 9 O0 AM Io 4:0{) PM 9 O0 AM to 4:0~) PM 5K Run - Lawdcrmill Park Duathlon - Lawdermill Park Flag Football Tournament Adult Softball Tournament Youth Softball Tournament 2 c) ii) Out ofCounty Prorrotions 'rile adult sports will rely primarily on CSP's niche market database of over 3,000 athletes; selected print and electronic media in various parts of the state. The youth softball tournament will primarily attract teams from other tournaments on the summer circuit, in which tile youth league now competes. PHOb~ h~. : 305 655 0697 Apr'. 1997 AMPLES SPORT8 FESTIVAL NUMMAR Y OF EVENTS i Kick OffParty, Quality Inn GolfKesori, 200 in alicndanac August 8th 4-on-4 Flag Football Tournament, Veterans Park, August 9/10th First ycar in Nap[cs 21 teams of l0 playem = 210 paruCnpanls 200 from outside (:oilier Coun .ty + 190 in tra~ partics Avcvdg¢ ~3.' = 2 nights x 300 peoplc= 600 o,,~ra/ght stays 17 1.098 10:0~.AM P2 8 2 3 Men's Class D Softball Tournament, Veterans Park, August 9/I 0th 16 team~ of 15 pla:~'s - 240 participants 120 from outside ('oilier Cotm~), + 60 additional travdi~g partlc~ Avcragc ~tay - 2 nights x lB0 - 360 owxn]ght sta~ Naples DuatMon (Florida Duathlon Series), Lowderrailk Park, 168 participants 122 from oatside (',oilier Count}' + 54 .-dditional traveling parties Average stay = 1.2 nights x 162 - 194.4 overnight slays August 10th 5K Run (Florida Duath. on Series), Lowdermilk Park, August 10th 57 lXarticipants 19 from outside Ca,llier Coumy 4. 5 additi~ml trawling partie~ Average m7 = I night x 20 = 2/) ovem/ght stay~ CSP Staff+ Trave!ing Party = 29 Average s~ay = 2.5 nights x 29 -- 72.5 o,.v, might TOTALS: participants = 70¢ (,161 from outsid~ of Collier County) EsT # m'ernight / traveling participants and parties '= 691 Est. # overnight stays = 1,246.9 x $108.00 (daily n: ultiplier) = $ I34,665.20 ECONOMIC IMPACT Explanation of factors: The economic impact figures a:.'e provided by the Florida Sports Foundation system, which is based on total number of partlcipants, number of outside the area participants and tn~veling parties. The total number of'overnight visitors is then multiplied by $1 os for each overnight stay. These figures arc based solely on overnight stays and do not factor in the impact of pre- event marketing outside of Collier County or any post. event publicity. Also not included is the "Super Bowl Multiplier" of'1.78 for second generation dollars, or the additional dollars spent by local businesses as a r,:sult of increased revenue .Loczl Sportsors~ B.T. Boomct~ B~r 8: Grille Collier Cou. nty Nap[es on thc Run Bike Rot~e Coastal Beverage Qual/ly Inn / Cotafon lan Holiday Inn Local Volunteer Groyps / Non:Profit Organimtion$; North Nat:les Little League Naples Little Lcaguz: ~}002 4 TI~ ~po~it,~e dull · d~ <d =~' d~li, P~t~ Idt, lf· Iml,U e 003 · , '). So~ 71 Ad, l,f,4 SAFE RIDE ADXI,~ I~uu4 Business Information Report" Paget oflt ROGER MATHI$-AC, CTS PAY lqGR iqay 27, 19981 I~UNS: 7g-146.6386 /d'~ ~,qiCE SERVICES $I c NO, RATIIqG 1R4 sTARTED 1997 SALES $}, 300, 000, 000 PRo~) [~LOYS ;7, oo0(25 H! STOR1 CLEAR CHIEF [~CUTIVE: GEORGE B D£HUFF II1, PRES If you have questions about tlnis report, please call olJr CuStomer Service Center at 1-800-234-3867 from any~ere within the U.S. If you are outside the U.S., contact your local DAB Of fi ce. *** Additional Decision Suptort Available **' , Additional DAB products, credit recommendations and specialized investigations are available to help you evaluate this company or its industry. Call Dun A Bradstreet's Solution Centee a'c 1-B00-362-3425 from any~era within the U.S. The SumJery ),nal~is section reflects inforsatlon tn O&g's file as of I~ay 25, 1998. RATING SU]q~RY .... The 'IR" portion of the Rating {the Rating Cllsslftcation) indicates business size of 10 or mare emp/O)'ees for this caepany. The '4" on the right (Composite Credit Appr~istl) indicates an overall ~11mited" credit appraisal. Thts credit appraisal was assigned because of DAB's overall assess~nt of the company's payamnt and history tnfornmtlon. Below is an overview of the compan~s OM Rating[s) since 01/08/g7: RA~NG DATE ~PLIEO IR4 a7/os/g7 under contract for the exclus Cop~ight ag98 ~ Inc. V3. g o$/2e/~8 THL' 1...6 FAA $0231467S1 SAF'~ RIDE ADXlS FAX NO, I~oo$ 8 A- 2 $, oul Pigs 2 May 27. 1'. lg pm PAYA~IfI' The Payment $ummry section reflects payment tnforMtion in DIB's file as of the date of this report. The PAYO£X for this co~pany Is 62. This PAYO£X score Indicates that payments to_suppliers average 21 days beyond terms, ~ighted by dollar amount~. When dollar amounts are not considered, approxi~tel¥ 63~ of the company s payamnts are within term. Below is an overview of the compan~s dollar-weighted paynmnts, seg~nted by its suppliers' primary industries: TOTAL LARGEST & DAYS SLOW TOTAL OOLLAR HIGH W/IN RCV'D AJm40UNTS C~OIT TER~ ~J 3J-60 61-g0 gl* Total in D&B' s file Z)4 1, $~, 650 ~00, 000 Top 10 Industries: Telephone co~nictns 13 260,400 aS,000 8t 10 g - Radiotelephone cobflJn g $7,3S0 35.000 77 17 q Z - Who1 computers/softwr 7 ~,000 100,000 41 44 IS - - Mfg comuters 6 11S, 000 SS, O00 23 57 4 16 - Ne~peper.prt nt/publ S (2,550 tS,~O 5g 2g 12 - - 6enerml wmr~eu~in9 4 221,0~ 7~,000 ~00 - - - ~g tires/inner tuee1 4 X20, O00 45,~0 - 3~ ~2 - - Ret stmtfonery 3 g7,500 ~5,000 X 28 - 2X 50 ~ol electronic parts 2 200,100 200,~0 100 .... Passenger car lessing ~ gS, OOO ~5,~0 SO SO - - - O~ER %NOUSTKIES 165 3~,gSO ~5,~0 4S 31 a I0 S Other Payment Categories: Cash exper! encee 1 100 100 Payment record unknown 14 (,700 2,$00 Unfevorable commmnte 0 0 0 Placed for collection wi th Ol~ 0 0 other 0 N/A The highest "No~ O~s" on file is $50,000 The ~tghest "Psat Oue' on file is $30,000 Dun & Bredstreet has Z3& payment experiences in Its file for this company. your convenience, we hsve despised ~ representative exTeriences In the PA~MT$ sectl on. For II 05/25/9~ THU 12:.e0 FA.~ 6023146751 SAFE RIDE ~t~c - Antfcipmted 01sc o 01scounted Ppi - tro~t 05/98 04/98 {Pmy~ntm received prior to date of tnvoice} Pay~nts recefved wlth(n trade discount perlod) Payments received within term grmnted} HIGH NOW PAST SELLING CREO1T O~S OUE TERI~S Ppt Pat 25o0 FpP zsoo FpP 7so Ppt 5oo Ppt 25o Ppt-$1ov 30 15000 Ppi-Slow 30 2500 Ppt-Slow 60 ZSO0 Ppi. Slow 120 750 Slow 5 2SO0 Slow 15 7500 Slow $0 I000 Slow 30-60 10000 Slow EO 250 DIsc 750 Ol$c 100 Dtsc-Ppt 1000 Ppi 25000 Ppt Ppi 10000 PDt 7500 Ppt /SOO Ppt 5000 Ppt 2500 Ppt 1000 Ppt IOO0 Ppt 1000 Ppt lO00 Ppi 1000 Ppi 750 Ppt SO0 Ppi SOO FpP 500 Ppi 500 Pat ZSO Lease agreenmnt Ppt 25O Ppt Ppi I00 Ppi 100 Ppi 100 P~t 100 Ppi SO Prow(dod un, er contract for the exclu$ ire use of LAST SAL[ WI TM I X SO00 -o- N30 -0- -0- N30 500 100 M30 Z$O -0- I000 -0- NlS 2~00 250 -0- 2500 50 lO00 1000 -0- -0- N30 ZSO0 -O. ZSO 250 -0- -0- ~ 30 N45 50 -0- -0. -0- 2 30 N45 15000 500 7500 -0- 5000 -0- 250 -0- 2 30 N45 1000 -0- 500 -0- H30 I000 -O- soo -0- Regulmr terms 1000 -0- 500 -0- -0. -0- 1 10 N30 SO0 -0- 250 -0- 250 -0- -0- -0- X30 -0- -0- N3O 1t98 OL~ Irc. ~}. 3 05/28/g8 TUU 12:-"? FA.'( ~AY-27-~8 ~D 12:37 PM S.~.FE RIDE ADXI."~ _ ~oo? For: R~R MATH2 S- DUN & BRAOSll~EET 03/98 P-"~ 4 af 11 Hay 27. ]9981 1:19 pm~ r~por~ fs bef~f sent to ~ fr~,e of ~ It ~I~ m~ ~ ~~ ~ ~s~ (continued) Ppt Pgt 50 -0- -0. 2-3 Ppt. S1ow Ppt-Slow 30 3000o 30000 I~000 t MO Ppt-Slov 30 15000 1000 1000 N30 I p t-S~o~ 30 10000 2500 1000 1 pt-S1 ow 30 7SOO ~500 -0- 1 Ppt. Slow 30 2500 2500 1000 I Ppt-31ow 30 2500 750 Ppt-~low 30 1000 1000 SOO Ppi-S1 P~t-Slo~ 30 750 Ppt-Slov 3o Ppt-Slov 30 250 -0- -0- N30 ~-~2 Ppt-Slo~ 30 250 -O- Ppt-Slov 30 XO0 -0. -0- I Ppt-Slow 30 ~00 -O- Ppt. Sl o~ 60 5000 -0- -O- Ppt-Slo~ 90 2500 2500 ~00 2 30 Ppi-S1 ow 90 750 500 ~00 N3O Ppt-Slov Slow 30 S5000 7500 -0- N30 Slow 30 750 750 Slow 30 500 -0- .O- Slow 30 Slaw 30 Slow 30 ~00 -0- -0- 6-12 Slow qS ~000 Slow 60 30000 7500 7500 Slow 30-60 Slow ~0 7S0 Slo~ gO Slow ~0 SO00 Slav 140 Slow gO-1SO~ 40000 ~0~ Slow 80 25O -0- -0- X30 4-5 ~S ' Pey~nt experiences reflect how btll$ are met in relation to the term! grantee. In some tnst&nce$ peyment beyond terms ¢&n be the result of disputes over merchandise, skipped Invoices etc. * Each experience shown represents a sepirmte account r~ported by a supplier, U~dmted trade experiences re~lmce t~oseprewiou~ly reporte~, Aeo~nt~ my be rounded to nemrest figure in prescribed ranges. 01/20/g8 On JAN ZO lg98 Ellen Morris, ex msst gov tel, deferred financial statement. She submitted the follow~n9 partial estimates dttmd JAN Projected annual smle~ are $ ~¥-27-9B gED 12:37 PM SAFE RIDE AI)XIN FAX fi0, 8 P, 08/12 Fc~; RO(~R MATI. II$-ACCTS PAY M~ IXIM & BRAOSTR£ET I MC P~ge 5 ~ 1~ May 27. 1998 1:19 pm bis ~t~rt fl t~j jwr~ to ~ free of d~ It rJ~Id ret be reFr~r~ or rt~strfZx~r, ed, The follo~ng date is for inform:ton purposes only end is not the offJcl&l record, Certified ¢op~e$ ten on~y be obts~ned froe the offl¢ltl source. If it t$ indicated that there are defendants other than the report subject, the la~uit maybe an action to clear title to property and does not necessarily t~ply a claim for ~ney mgm(nit the subject. * * * SUIT(S) ' ' , DOCKET NO.: g~VO0489 PL~N~FF: FLORENCE ~OO DEFENDANT: AJ~ERIC~ ~DICAL RESPONSE lNC, NCRON, OH and OTl~ERS ~ERE FIL[O~ STARK COUNTY COHMON PLEAS COURT CAMTON, OH STATUS: Pendf ng DATE STATUJ ATTAIMEO: DATE FILED: LATEST INFO RECEIVED: 03/1~/199~ 0311211998 D4/ZI/1998 OOC~T NO.: gTCVCXO~&O PLAINTIFF: BRIANNA BOGG$ STATUS~ Pending . DEFENDMT: A~EILYCAN HEOICAL RESPONSE, DATE STATUS ATTA2MED. 1111711997 NO~OM, OH OATE FILED~ 11117/1997 and OTHERS LATEST IMFO REC[IVEO: II/OgliNg7 ~ERE FILED: FR.&MKI. IN COUNTY CO)4'~OH PLEA~ COURT, COLU~U$, OH DOCKET NO.: CVgTOl~lZ6 PLAINTIFF! CORMEL GREENE STATUS: Dismissed DEFEMDANT: WHERE FILED: PI(TSICIANS & SURGEONS iERV INC, AKRON, ON and OTI(ER$ iU/~WiZT COUNTY CORDON PLEAS COURTS, AXRON, OM DATE STATUS ATTAIREO; DATE FILEO: LATEST INFO RECEIVED: 08/2g/1997 01/Z4/lgg? 09/16/1Qg7 OOCK[T MO.: 02736 NOV ~6 PLAINTIFF: $SO, O00-LUCIA MERM~O[~ iTATU~ Pending OEFENOANT: ~0 TRAMS OF DELAWARE VALLEY, DATE STATUS All'AIMED: PNILAOELPNIA~ PA DATE FILED: WHERE F~LED: PMILAOELPHIA COUNTY CO~40N LATEST INFO RECEIVED: 05/0~/lgg7 PLEAS COURT~ PHILAOELPHXA~ PA OOCICET NO.i 91C1429 PLAINTIFF: ~0IC-3, ~NC. iTATUS~ Settled OEFENOANT: U S HEALT~ TECH, INC., R~AO~NG, DATE STATUS ATTUNED: 01/09/1995 PA DATE FILED: 0&/~S/lg93 k~ERE FILED: LEHIGH COUNTY PROT~ONOTANY, LAITiT INFO RECEIYED) ALLEMTOk~, PA On 12/13/g~, Pat Kennedy, President, Treasurer, U S HEALT~ TECH, INC., wes THt' 12:2~ FAX SAFE RIDE AD.~I.~; I II I IIIIIIIIIIII II IIIII IIIII IIII MR¥-27-98 ~D 12:38 PR ?~ HO. For: ROaR MATHI$-AC~is PAY ldC, R OUN & BRaOSll~ET 8 h- 2 P' oTm PIgt 6 Of 11 27. 1990 l: 19 pm This reye~ f~ bm]m] se~ (~ ~ &'~e oF c~lr~m, .~t sha~ld m! be rm~q:duc~ ~r re~str~te~ t~Ll C I:'ltllfl~ (con tfnue~) unavetleble for comment, on t. his :uit. COLLATERAL: FILING NO: SCC, PARTY: COLLATERAL: Equipment end proceeds · FILING NO: 0876552 DATE FILED: 03/Z7/1995 TYPE: Ortg~nal LATEST INFO R~C£IVEO~ 07/05/~g~S SEC, PARTY: ~AR~NG OIL COFF~Y, VICKSBURG, FILED ~TN: SECRETARY OF MS STAT~IUC¢ DIYI SlO~, DEBTOR: MOBILE ~DIC, dACKSON, MS MS ~007394 DA~ F~LCD: 02/02/~998 O£BTOR: Orlgtnel A~I~T~CR CREOIT CORP, ROLLING )~AO0~$. IL A~RICA~ JI(OICAL RESPONSE LATEST INFO RECEI¥[/:): 02127/1998 FILEO WITN: SECRETARY ~ STATE/UCC DI YI SI Otq, CO COLLATERAL~ FILING NO:, TTPEI SEC. PARTY: OEBTOR: PRO PROOUCT$ CO., IX¢., S~ARK$, NV AJaR.[CAN ~OICAL RESPONSE, DALLAS, TX DATE FILED: 1212911997 LATEST INFO RECEIVED: 01/27/~998 FILED I~TH: SECRETARY ~ STATE/UCC DI VI SION, TX Com~nicetians equlpeent Business machinery/equipment . Ecluipmnt FILING NO: g720723Sl DATE FIL[O; 0812515997 TTP[~ OrlgJnll LA. ST I~FO ~CEZVEO: 09/03/[997 SEC. P~: LE~M & ASSOCIATES, OENVER, CO FILED ~TN: $EC~T~ ~ ~SIGNEEt ATiT C~IT~ t~I~G SERVICES STATE/UCC DIVISION, CORP, ~S~OUGH, ~ CO COLLATE~: Equj a~nt .................................... FILING HO: 11~0938 DATE FILED: 07/08/1gg7 TYPE: Original LA. ST INFO RECEZVEO: Iz/lg/lgg7 SEC. P~TY: SN~-ON TOOLS CORP, ST ROSE, LA FILEO ~ SECRETMY ~ DEBTOR: ~C~ ~OlC~ RESPOHSE, STATE/UCC DIVISION, LAUREL, ~ ~ COLLA~R~f Buslness Nchlner~/equlpmnt ................. FILING J~O; 0954602 TYPE: OH SEC, PARTY: FIRST UNITEO LEASING CORP, B~NOCRBURN, O[8TORI ~RIC~ ~OIC~ RESPONS~ ZNC, J~ON, DATE FILEOI Ol/22/lgg& LAIZST INFO RECEIVEO: 02/22/1996 FILEO KTH: SECRETARY OF STATE/UCC aiVISION, COLLATERALI Busi ness tach! nery/equ! peen: FILING NO: g535560558 DATE FILED: 1211911995 TYPE: Orig~B1 LATEST %NFO RECEIVED: 1~/~8/~995 Prov~ ded u~der centrmct fey the eTclusi Ye use oF ~ L BIL~S~££T J~. CaTyrlg~,t 1998 ~ 1.¢. v3. g I I I OS/-e$/OS Tilt' 12:29 FAI 80~31457,~1 SAF~ RIDE ADXI.*~ ~AY-27-98 ~O 12:39 P~ F~ HO, II I Page 7 ~f 11 ROGER ~'l~S-ACC'i~ PAY ldGR DH I BRADSTREET ZNC May 27. 1998 ., ]: ]9 pm ~hfs ,--~.,,~ fs briar se~t to ~ free of charge. It should mt be rr.~t:duced or redYstr~bvted, PI,~L[£ F',~L/~;S (¢~ $£C. PARTY: TAYLOR MAD[ OFFICE SYSI'~X$ IHC, FILED NTH: S£CRETARI' OF WALMUT CREEK, CA STATE/UCC DIVISION, DEBTOR: A~RZC~ ~ZDZCAL RESPONSE PCA~, CA ~DESTO~ CA COLLATER~: Equ~ ~nt ...................... FILING HO: 003400524 OATE FTLED: 0S/16/1995 TYPE: Orlglnal LATEST INFO ~CEZV~O: OS/~2/Igg5 SEC. P~: NEOPOST LEASING, ~AY~O, CA FILED ~: SEC~TM? OF OEITO~ ~C~ ~DIC~ RESP~SE. STA~/UCC DTVZSZOX. 6L[RO~E HEXGHTS~ IL iL COLLR~R~= Lellld Co~ntcatlons equlp~flt I~d proceeds - Lelled luslness ~cMnery/equtpmnt arid proceeds FILING N~ g7~728 TYPE: Original SEC P~TY: J~NOLTA BUSINESS SYSTE~, PARK DEBTOR: ANERICAN ~DXCAL RESPONSE, THC,, HYDE PARKi ~ DATE FI LEO: OB/OS/Egg? LATEST IN~ro RECEZl/£D~ FILED I,~TH; SECRETARY OF' TX[ CO~INON~ALTH/UCC DIV2SIOW, COLLATERAL: Leased Business machinery/equipment ~nd proceeds FILING NO: 97487727 DAlE FILED: 08/o5/1997 TYPE: Original LATEST INFO RECEIVED: gB/lS/lgg7 SEC PARTY: ~NOLTA IUSINESS SYSTTRS, PARX FILED ~: SECRETARY OF THE ~O~, NJ ¢O~eqON~TALT~/UCC 0EBTOR: ~U~EP.% CN( ~DIC~ HYDE ~ere ere mdd!ttonml UCC's in O&B's file on ~ts co~any aw(l~ble by ¢ontlctlng 1-~0.234.~?, The public record items contmtned In this re~rt ~y have been Pm(U, ter~nmted, vacmted or rl)ei$ed prior to the dire this report q$ pr(nted, ~count{s) eYeriges m~lum $ figures, Account open under ! year. GEORGE B D[NUFF III, PRESIDENT. C£0 DIRECTOR(S}t The officers Identified by (+) CORPORATE AND BUSINESS REGISTRA~ON$ REPORTED BY THE SECRETARY under contract for the excl~siv~ use ef CLW t BRADSrAEET Iq:. 12:39 Peae 6 of 11 ~Y 27. 1998 1:19 OF STATE OR OT~ER OFFICIAl. SOURCE AS OF 05[12/1998; ~YSI~[SS T~P[: Corporation . DATE ~CORPO~ATED~ 02/21/1992 Profit STATE OF INCORP: ~ss~chusetts ~TH SH~S.CO~N: 25,000 P~ V~UE-CO~R: S0.0100 lusiness started Igg2 by Plul Iq Yerrocht, Oo~nic J Puopo]o and others as founders. Present control succeeded Feb lg Xg~7, lO0~ of capital stock ts o~ed byLatdlav, Inc. Starting capital $74;000 derived from the resources of toe founders. Delaware corporltto~ for~d tn lB92 is i ~011 On dun 8 1992, the ~ssachusetts co,any vas ~rged Into the Oelav~re co~an~ ~ch ~a~ t~e surv~v~ng Inttty, L" :". ~ ................. CONTROL .... , ......... .. _ . un ~g 5 1~92~ the Co~inyco~lated an n .............. ? )t~ co~n stock ~ich . ..k~;.~ ....... f i~f~l Public offering n~e~ ~' ~'~"~'( ~rmamq an~ li~ted on the Xev ruEry Lg, 1997, aha Co.any wS acgulred by Latdliv Inc, ~nc~uoeo Mrglng Laldla~ s ~dtrans, San Otego, C~base~ division ~th the Co an -an~ t r~)ructurtn9 else Include +~ ..... ~__Y_. _ he Co~anys d ... ~ce~mQn OT c~ sep4rete oper/ting unll$, health ¢~re transportation and health care ......................... AC~I S) TI OM$ ................. In ~r Xg~5 the Co~eny announced It he~ acquired ~our service co.ante, In Southern California, The m~remmnt includes three Lo) Angeles Countyprovi~eru A(~ ~ulance Services {South (;ate, CA), ~ A~ulance In ~lttterl mhd Rlsher ~ulance Service Inc in ~ntebello, Zn San Bernard(no County, ~ Inc acquired C~rtesy Services of San )ernardino Inc, Ter~ O~ the ~re not qiscl~sed. The four co.an(es ~I1 b~o~ part of ~erf¢an ~dicel Response ~st (Sen Jo)e, CA}, m sub~id(ary ~f ~ Inc. In Oct lgg6, the Co~lnyco~leted the acquisition of tour t~ulance comp~nlel and s(gne~ letters of trite e co~antes ac ulre q four {Redlends, CAI~ ~dstar ~,---~ ~?~LlfeCere ~d~cml Trmns~ort~tton Zn Dec ~996~ the Co~;~yco~leted e ~r er ' lnc (Houmton~ TX. t g . ~th Stat Healthcar ,. -.vur aT The ~rger. )n the ~rger, each sh&re of ~tat co.on stock was converted into 0.25 shares o~ sto~k of ~rfcan Medicel Response. Based upon the mgreed-upon exchange ratio, A~rtcan ~dfcll Res onme ~11 issue mp ro~tely ~lllon shares, for m transaction va~ue of about $~20 .~lllon. 4 _ Also fn Dec 1998, the Co~mn completed the mcquisftion of )prtngs A~ulence (Palm Springs, ~A) end ~lson (Pal~mle C . . ~ulence Service , A) In addition, the compmnyacqutred ~hore A~ulence 1998 O,l~rnc. v).~* TH{.' 12:3u FAll 6u23146751 SAFE RI{)£ ADMI.~ ~u12 ~Y-27-98 ~D 12:40 P~ F~ ~, & BR~EET I MC Service ~L~ke~od, On Feb Z6 1997, the Compnfly acquired Oil gar Trinsfer Service l nc 4bm Gelge~ ~u]ance, Laurel, ~, for a~ undisclosed e~unt. ~lger locatlen of Getger Transfer Service Inc t$ now operaZin{ es a branch of ~rican ~dlcal Response {nc. The e~lo~es an~ the ~nege~n: of the rorer business were retal ne~ by the acquiring company. Further detai]s are unavallab]e at this ti~. ~e Co~an~s agree~nt acquire International Life Support, Aeie, ~, ~ ~de fin~l ~ ~une 26, 2997 ~ki~{ the Co~ny t~e ]argest mrivete e~ulance pro~der ~m~tt. co~lete term of the agree~nt ~re not dls~loted, Mo~er, ~n ~r IggT, the Coep~ny had prev{eus]y announced that It ~uld purchase {ntern~t{ona] L~fe Support lnc for eppro~mtely S~.S or $5.5 ................... ~E~MT BACKGR~O .................... GEORGE B OE~UFF III. ~tecedent$ are undeter~ned, ................. , ...... O~ER OFFICERS .... , .............. ,... OAVID C COLBY, executive vice president, gEORGE executive vice president end chief operating officer. Subsidiary of Laidlaw lnc, Burlington, Ontario, Canada, star.ted lg)& Parent company o~t 100~ ~f cap(ell stock, rmrent co~ny hms X75 other sub$tdtmr~i ~rou{h its mubsidia[ie{, pray{del emrgency and non-m~rgency a~ulmnce $ervice~. Services tn~lude ~re-ho$~(tal e~r~en~y care tn response to 'glO' emrgen~y m~icel c~11s mhd provides non.emergency ambulance servlces to patients during transfer to ~nd from health care facilities ~nd residen~es mnU non-~dicml trmnsport services to the handicapped and the elderly, ~e Ce~mny currently provides m~ulmn:e services tn )7 smtms. Ter~: paints ~rm dye on receipt of ~mrv(ceQ. Sells to general public and ~ird party pm~rs un,er ~d(c~re, ~4(c~id and private insurers. Territory: Uni ted Nonsem$onal. E~LOY~(S~ ~7,000 ~(ch tn~lude$ officer{s). ~6 e~lo~d here. FACILI~(S: Leases pre~ses tn m ~lldlng. LOCATIOM: Centrml business ~ect$on on ~(n street. IR~C~ES: ~lntmins a branch facility mt 67 Bmtter~rch Street, Ioston~ ~ GLOIAL ACT[V[ TY. O~'s ~on-U.S. custom, rs ~en evmlu~tin90~l reports an U.S. compant es. Contract; for the exclusive us e of ~ I, BR~L~SI'~£( T Ilar_ Ti{L' 12:31 FAX ~o~314~?$1 SAFE DUN I B~IEET IK ~013 NATI~S-ACC'~ PAY NGP, Hay 2~,, 1998/1 ~A ~M (c~tfn~ed) ~o~ Repo~ed. extended 8 digit SIC. D&l's use of 8 digit SICs enables us to be specific to a cor~any's operatlonl than if ~m use the standard 4 digit code. ¢llggg02. (OIg?)MNOUMCED ~RGERYACQUI$ITIOM: According to published reports, American l~dical Response Inc {Aurora, Co) ha) signed a definitive egreemnt through which Laidlaw loc will acquzre Amricen I~dicml Response. According to the term of the merger agreement, Ltid)aw will cominco a tender offer to mcquire 100~ of American Medical Response's outs. tan~ing shares for $40 per share, or an equity value of approximately )1.12 billion. The trlnsictton Is expected to close in bmeebruary, 19~7, subject to e tender of m tlnir~u of tw~.thirds of rlcan Medical Response'S outstanding shares, required regulatory approvils, and other custol#lry co_ndittons. Laidlaw plans to merge 1ts MedTrsna a~bulance services unit (Sen Diego, CA) ~tth AmPlcen ~dical Response. Tlqe combined fntity will operate as AMrlcan ~dtcal Response )nc, end will remain headquartered in Aurora, ¢0. 5~8$XDIARI£$: The company acquired the following entities that are nov operating es w~olly-owned subsidiaries wtth no intercompany Pal uti ans. Regional Ambulance Inc, Fremont, CA. Originally e Cal)fornlm corporation dieing from 1974. Acquired 1992, provides emergency end non-emmrgency aMulance services, DUNS . .Ammr.ica.n ~dtcm. 1 Ruponse Vest lac, (formerly Vanguird Aabulance ~erwces lnc], ~an ~;se, CA. Acquired 19g~, provlcies emergency non-emr~ancy Imbulmnce services. DUNS AMrlcan ~dlcal Response Of Connecticut, {formrly New Haven A~bulenca Servlce Xnc), New Haven, CT, Originmily I ConnectJcut corporation dmt(ng fr;. 10SS. ~ired 19gZ, provides ~r~ency non-eM~gency I~lmnce services. DUNS Professional ~ulince 3ervlcm Eric ~l~ngton, D~. Ora nelly Deliware corporitfon dating from 1977. ~ ulred l~ gin , prowl d. ewrgency sod non-~mrgmncy m~ulince services, D~S 101-7~411. ~bllm ~dic Ambulinci Smrvtce, Znc, ~lfporC) ~. ~q~ire~ 19gZ, provides eNrgency mod non.emrgency mlbulmnce ~ of Colorldo, Oenver, CO. ~qulre~ Oe~ 1992, provides emergency mod non-emergency m~ulince se~ySc,. OUNS JK-77Q-3434. Bu~ ~dicil Service Znc, Pantlind, O~ Acqutred Jan ~g93, proYtdes eNrgency tod non-e~rgency m~ulmnce servlces. K4-97~8904. ~ ~ulmnce ~ervice Inc, I~lde% CO. ~qu~red ~r %993, proY(~es ,~rgmncy mod non.e~rgency mmbul~nce smrv(c~. Prov(~Jed ur~Jer contract for the ixcl u$ivt us t of ~ i BAN~lli.[ET INC. Copyright I gg8 D&B lrc. 05/~/9a TEU 1~:31 ~A./ ~02314~751 SAFE RIDE AD]fIN ~014 i BRiSkET INC R,ndle E,~t~rn ~ull~ce lnc. ~o~, FL. ~ 993. provides .mrgency end non.e~rgency e~bultnce services, Reed A~ul~nce Service [nc, OenveP~ CO. ~qulred Jun e~ul&nce service provldeP. Ir[dgeport ~lence ~rvlce Xne, Itldgeport, CT. ~a~red Jul ~93, e~ulance ~ervlce provider. Ufo ~dlcal Zndustrles [nc, Stockton, C~ kqulred Oct ~3, e~lenee set, ce provider. g~ EMrgency Services thc, ~d~to, C~ Acquired Feb e~lanco service provider. oustofls ~ ~qulr~ Feb ~4, l~lencl lervtce provider, . .~dtx of ~ovllt~ Count~, Longvlly, Y~ ~tred Feb l~JenCl iervlCe pro, der, M ~lincl Service of Portland thc. Portland. ~ ~f~d ~r ~4. l~ullnce lervlcl provider. . .~ev [nglend ~bulince anco Shelton, CT. ~qu~red ~r e~l Inca ler~ce U H 8ellthtec the, Phllede~tl, PL k~tred ~r ~994, ~ulince Setvlce Cet~ratton~ ~[cego, ZL. ~qul~ed i~allnCl strYfce provider. ~ t R ~ulance hrYtCe XnC, 3ackson, ~ ~qulred ~y ~994, e~lence ~ervfce provfder. ~evee ~tcal h~lc~ Xncj Top~B~ ~ ~q~red Jun ~994. e~ullAce service provl ~tro ~ul~nct Ltd~ ~nrH, L& kquired ~g ~gg4, e~ul~nce servt ce provlde~. ~dstee ]nc. Vltir~ty, CT. ~qulred ~p ~994~ ,~ulence slrYlce provfder. · dlc One ~ulence Ser~ces. Ney 0rleens. L& Acquired Sep 2gg4, a~ulance lervlce ,~bac~, Ck. Acqulred Aug 1992, ulince Service Cop~tny, CO, Acquired Dec 2992. antic Ctty cQntrsct, NJ. Ac~fred Otc 1992, ~Ul, LAnai & ~1",l cofltreet,-- ~qulred Jul Z994. Vinden~rg ~uleAce, ZL Ifld ]N. NZ~qulr~ FIMI~ ~ulence, H~. ~lr~ oct ~4. R~cue tfgh~ IL, ~4utred Nov ~vaflcld cs1 Trenlport, IL, Acqutred Nov 1~g4. Goldcross Ambulance lac, m, Acquired XoY 1994, J~nson & Beverage lnc, IL, ~quired Ney 2gg4, ~B~erle~fl ~ullnce Znc, CT, ~Jr~ Kev ~g94, L1fefleet Of ~lihom.~ ~qutred Oeo Petered Znc. ~. ~quIred gcc 1994. OS-~7( 491 /491) OOOO~ 0~7067067 N END OF REPORT -- FOOD & BEVERAGE CONCESSION AGREEMENT AT THE MAIN COUNTY GOVERNMENT CENTER THIS AGREEMENT made effective thisZ, day of,~u~14~1998 A.D. between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Subway Real Estate Corp. d/bla "Subway", a Delaware Corporation with offices at 325 Bic Drive, Milford, Conn. 06460 (hereinafter called "Concessionaire"). SCOPE. The County hereby grants to the Concessionaire the exclusive right (bare license) to operate the following described concession at the Main County Government Center, 3301 Tamiami Trail East, Naples, Florida in conformance with the purpose and for the period stated herein and subject to all terms and conditions hereinafter set forth. A. The Concessionaire shall be solely responsible for all costs associated with the proposed concession implementation and operation including but not limited to: Equipment, material, supplies, construction costs, permits, design fees and licenses. B. The Concessionaire shall set up the concession as a full service Subway Sandwich line with full Subway dbcor .The design of the concession both inside and outside will require the approval of the Contract Officer. The signage will be appropriate standard signage and will require the written approval of the Contract Officer. Any changes in the appearance of the concession operation, either interior or exterior, will require the approval of the Contract Officer. C. The Concessionaire will provide catering services including special services during crisis management times (hurricanes, etc.) on a pricing schedule to be mutually agreed upon by the Concessionaire and the Contract Officer. If a need is determined by the Contract Officer, the Concessionaire agrees to provide delivery service based on a pricing and delivery schedule mutually agreed upon by the Concessionaire and the Contract Officer. TERM. This Agreement shall be for a term commencing on the date of approval by the Board of County Commissioners, June 2, 1998 and a fully executed contract, and shall continue until June 1, 2001. The Agreement shall be renewable upon satisfactory performance by the Concessionaire, for three (3) additional separate two (2) year periods under the same terms and conditions. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original two (2) year term or following any of the extended terms. The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of that Agreement term. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: Existing concession building "snack bar". USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: The sale of food and non-alcoholic beverages, and any other lawful activity approved in writing by the Director of the Facilities Management Department, hereafter referred to as the "Contract Officer". The Contract Officer may, in writing, authorize the Concessionaire to expand the services provided. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Joseph P. Candito, Candito Management Group, Inc. d/b/a "Subway" 2626-3 E. Tamiami Trail Naples, Florida 34112 and Subway Real Estate Corp. 325 Bic Drive Milford, CT 06460-3059 All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of Facilities Management (Contract Officer) 3301 Tamiami Trail East Naples, Florida 34112 NOT A LEASE. It is expressly understood and agreed that no part, parcel, building structure, equipment or space is leased to the Concessionaire; that the corporation is a bare license concessionaire and not a lessee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. IMPLEMENTATION SCHEDULE. The Concessionaire's proposed Construction Schedule shall be utilized as the Implementation Schedule as follows: Construction will commence within one (1) week of the issuance of the building permit. Construction shall be completed within 30 to 45 days and the Concession will be open and operational 2 10. 11. 12. 13. 14. within two (2) days of the completed construction. The Concessionaire shall be fully operational within twelve (12) weeks after approval of the Agreement by the Board of County Commissioners. Failure to maintain the Implementation Schedule shall be considered a material breach and may be cause to terminate the Agreement immediately. The Concessionaire shall not be penalized for delays caused by the County. MAINTENANCE. The County agrees to provide the assigned facilities in their "as is" condition, it is the responsibility of the Concessionaire to maintain the premises in good operating condition and to perform necessary exterior and interior maintenance on the facilities as needed. The Concessionaire shall be responsible for the cleanliness of the facility and shall be responsible for daily removal of litter from the concession facility. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash, and garbage within this area. ASSIGNMENT. The Concessionaire may not assign this Concession Agreement or any part hereof without prior written approval of the Board of County Commissioners, except as provided in Exhibit "B". Concessionaire agrees that without the prior written consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law), nor shall the corporation issue any additional shares of stock if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. SECURITY. The Concessionaire must provide any security measures which may be required to protect his area and his equipment, materials and facilities. Such security measures may not violate other restrictions of this Agreement. PERMITS, LICENSES, TAXES. The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conducting of business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. This shall also include HRS screening for the Concessionaire and its employees. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, and the U.S. Government. UTILITIES. The County shall supply electrical power, lighting, air conditioning and water/sewer for the concession facilities. The County will not be liable for any power failures. The Concessionaire agrees to pay for telephone charges associated with the concession operation, including long distance telephone charges CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of 9 % of the total retail sales of the Concessionaire's business. The percentage shall be based on total gross revenues per month. Said payments shall be tendered to the County by the 15th of each month for the preceding month and such payments shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State, or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. The Concessionaire shall provide a copy of his State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 15. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other fees due must be submitted to the County, through the Director of Facilities Management, to be received no late than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for such late payment in addition to compound interest at ten (10) percent per annum. If the payment of consideration and accumulated daily penalties (late charge and interest) are not received within thirty (30) days after the normal monthly due date, after written notice the County may take possession of the Concessionaire's assets on County property and may cancel this Agreement. A monthly report of activities shall be submitted to the Director of Facilities Management by the 15th of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. 16. CONCESSIONAIRE NOT TO REMOVE PROPERTY. The Concessionaire agrees not to remove from the Concession Facility any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the County. Upon expiration of the term specified in Paragraph l-a, if the Concessionaire has made full payment under this Agreement and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from the Concession Facility and shall do so within fifteen (15) days following the expiration of this Agreement. Such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale 17. RECORDS, AUDIT. The Concessionaire agrees to establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at a location and a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within three (3) business days after the County's notice is to do so received all at no cost to the County. Such statement shall be certified as true, accurate and complete by the Concessionaire and by Tenant's Chief Financial Officer. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. 18. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of concession services. Further, the County agrees to provide the Concessionaire with advance notice of any special event and to coordinate with the Concessionaire regarding same. County also agrees to provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 19. INSPECTION. The Concessionaire agrees that the concession facilities and premises may be inspected at any time by the Contract Officer or his designee or by any other agency having responsibility for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any reasonable deficiency cited by such inspectors. 20. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. ,Any such interference shall not relieve the Concessionaire from any obligation hereunder. 21. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all claims against the County for loss or damage sustained by the Concessionaire. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and cause of action arising from this Agreement except intentional torts committed by County Offices or employees. 22. NO LIENS. Concessionaire agrees that it will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days of written notice to do so from the Contract Officer. 23. ORDERLY OPERATIONS, ETC.. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. 24. EMPLOYEES; MANAGER. As per Exhibit "A", the Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. ,All employees shall observe all the graces of personal grooming. The Concessionaire shall supply competent employees who are capable of performing their employment duties. ,All Concessionaire employees shall wear approved uniforms with the Concessionaire's logo or other identifying marking. 5 25. HOURS OF OPERATION. The concession shall be open and properly staffed Monday through Friday. The hours of operation shall be from 7:00 a.m. to 5:00 p.m. The Concessionaire shall be open on any day that the County Facilities are open and closed on the days that County facilities are closed. The Concessionaire may open at an earlier time and close at a later time subject to prior written approval of the Contract Officer. All hours of operation shall be conspicuously posted and easily read by the public. Failure to maintain the approved hours of operation shall be considered a material breach and good cause to terminate the Agreement immediately. 26. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, or County Law, Ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the Contract Officer shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the Contract Officer. 27. PRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the Collier County Government Center Complex. All prices must be displayed and visible by the Concessionaire's customers. All such prices and fees must be approved in writing by the Contract Officer. The Concessionaire shall sell only those items approved in writing by the County. 28. NO DANGEROUS MATERIALS OR STORAGE BUILDINGS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzene, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. Storage buildings are prohibited from use at the concession site. 29. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof except for non-payment in Paragraph 14 hereof, and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may cancel this Agreement and revoke the license of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present or occupy any part of the premises for the purpose of exercising any rights so revoked. This fifteen (15) day period may be extended by the Contract Officer if the situation warrants. 30. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide or the safety, orderly operation and security of the facilities. 31. TERMINATION. The Agreement may be terminated by the County immediately due to any material breach of this agreement, including, but not limited to, failure to meet implementation schedule timeframe, failure of the concessionaire to maintain the approved hours of operation, The agreement may be terminated without cause for the convenience of the County. If the termination is without cause, the County shall provide the Concessionaire at least ninety (90) days notice. During the notification period, both parties agree to meet its respective contractual obligations in good faith. 32. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 33. SlGNAGE. The Concessionaire shall provide, at his sole expense, required signage at the concession. All signage, advertising and posting shall be as approved by the Director of Facilities Management. The use of the Collier County Logo is prohibited. 34. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its sole negligence. 35. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with Collier County's Risk Manager. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employer's Liability with a limit of $1,000,000 Each Accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal sent to the County at least 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any required insurance coverage. 7 · Concessionaire' shall insure that all of its subcontractors comply with the same ir~surance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 36. THIS AGREEMENT shall be administered on behalf of the County by the Facilities Management Department. 37. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate(s); RFP No. 98-2784, Exhibits "A" and "B" and "C". IN WITNESS WHEREOF, the Concessionaire, Sublicensee and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dated: ATTEST: DWIGHT E. BROCK, ' Attest as to Chairman's signature onlz. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR')~kRA B. E~ERR~ Ted Parent, Vice President CORPORATE SEAL Subway Real Estp~e Corpe~m~,&la~Im~i~ _'l-he,~~re" (/) Signature of Vice President Subway Real Estate Corpemli~m,,~, Approved as to form and legal s~,'ency: Thomas l. PalmerI~~ Assistant County Attorney EXHIBIT A Subway agrees that Subway, its assignee, agents or ~loyees shall not: 1) Be under the influence of alcohol or any controlled substance or permit the consumption of intoxicating beverages; 2) Use, possess, distribute or sell illicit or unprescribed controlled drugs, drug paraphernalia or alcoholic beverages; 3) Sell any item not available on the typical Subway national menu; 4) Maintain all parts of the premises in a neat clean and safe manner and in compliance with all applicable laws concerning health and safety including but not limited to those concerning toxic substances, right to know and occupational safety and health. Subway agrees that Subway, its assignee, or ~loyees shall: 1) Maintain adequate manpower levels during operating hours; 2) Wear subway approved uniforms while servicing the public during working hours; 3) Render prompt, fair, courteous and efficient service to its customers; 4) Provide qualified personnel to render quality service to customers; In addition, the County shall have the right to make reasonable rules and regulations affective Subway's conduct that in its judgment may be required for the safety, care and cleahliness of the premises. Such rules and regulations will become effective within ten (10) days of Subway's receipt of same, provided they do not conflict with any terms of this License, any standard operating requirements of the Subway Franchisor, or in any way unreasonably interrupt the operation of the Subway's business. EXHIBIT "8" Rider to License datedthe~'~ day of~''~ ~J--/~ 1998, made by and between Collier County, ("County") and Subway Real Estate Corp., ("Concessionaire"). Premises will be known as: Main County Government Center 3301 Tamiami Trail Coast Naples, FL. Notwithstanding any clause in this lease to the contrary, the following provisions shall prevail: Definitions The following terms when used hereinafter shall be defined as follows: Bui!dinH: The County's property (including the land), of which demised premises comprise a portion. Premises: The portion of the Building which is leased to Concessionaire. Ri. Concessionaire may assign this license or sublicense the premises to any bona-fide licensee/franchisee of Doctor's Associates Inc. doing business as a SUBWAY- sandwich shop, without the prior consent of or written notice to the County. Such assignment or subliscensing shall not alter the Concessionaire's responsibility to the County under this lease. County agrees to accept rent from the Concessionaire, its assignee or sublicensee. R2. COUNTY RECOGNIZES AND ACKNOWLEDGES THAT THE CONCESSIONAIRE IS A DELAWARE CORPORATION AND THAT CONCESSIONAIRE'S ASSETS CONSIST ALMOST EXCLUSIVELY OF LEASES, SUBLEASES, AND OPTIONS TO PURCHASE LEASED PREMISES. COUNTY ALSO RECOGNIZES AND ACKNOWLEDGES THAT THE CONCESSIONAIRE WAS ORGANIZED PRINCIPALLY FOR THE PURPOSE OF NEGOTIATING AND DRAFTING LEASES WITH A VIEW TOWARDS SUBLETTING THE LEASED PREMISES TO FRANCHISEES/LICENSEES OF DOCTOR'S ASSOCIATES INC. ("DAI"). COUNTY RECOGNIZES AND ACKNOWLEDGES THAT IT HAS BEEN ADVISED THAT DAI IS A FLORIDA CORPORATION THAT OWNS ALL RIGHTS TO AWARD FRANCHISES FOR SUBWAY- SANDWICH SHOPS, AND THAT County HAS ALSO BEEN ADVISED THAT THE CONCESSIONAIRE HAS NO RIGHTS WHATSOEVER TO AWARD FRANCHISES FOR SUBWAY- SANDWICH SHOPS OR COLLECT ANY FRANCHISE RELATED ROYALTIES FROM ANY PROSPECTIVE SUBLESSEE OF THE DEMISED PREMISES. COUNTY ACKNOWLEDGES THAT CONCESSIONAIRE DOES NOT, AS A MATTER OF POLICY, PROVIDE FINANCIAL STATEMENTS IN CONNECTION WITH THE FINANCIAL CONDITION OF CONCESSIONAIRE, AND NOTWITHSTANDING THE FOREGOING, County HAS DECIDED TO EXECUTE THIS LICENSE. COUNTY FURTHER RECOGNIZES AND ACKNOWLEDGES THAT NO PERSON OR ENTITY OTHER THAN THE CONCESSIONAIRE HAS MADE ANY REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ABILI,T~O~ THE CONCESSIONAIRE TO PERFORM THE CONCESSIONAIRE OBLIGATIONS HEREUNDER. THE COUNTY ALSO RECOGNIZES AND ACKNOWLEDGES THAT THE CONCESSIONAIRE INTENDS TO SUBLICENSE THE PREMISES TO A PERSON(S) WHO HAS OR WILL BE AWARDED A FRANCHISE/LICENSE FOR A SUBWAY- SANDWICH SHOP FROM DAI, UNDER WHICH SUBLICENSE THE SUBLICENSEE WILL PAY RENT AND OTHER CHARGES DIRECTLY TO THE COUNTY SO THAT THE RENTAL PAYMENT FROM SUCH SUBLICENSEE WILL NORMALLY NOT BE RECEIVED OR HELD BY THE CONCESSIONAIRE. ALTHOUGH THE SUBLICENSEE MAY OPEN A BUSINESS OPERATION DOING BUSINESS AS A SUBWAY- SANDWICH SHOP AND MAY HAVE FRANCHISE AND OTHER BUSINESS RELATIONSHIPS WITH CORPORATIONS RELATED TO OR ASSOCIATED BY THE GENERAL PUBLIC WITH "SUBWAY", AS IT IS C05fMONLY KNOWN, THE COUNTY RECOGNIZES AND ACKNOWLEDGES THAT THE SOLE .AND EXCLUSIVE PERSON OR ENTITY AGAINST WHICH THE COUNTY MAY SEEK DAMAGES OR ANY REMEDIES UNDER THIS OR ANY OTHER DOCUMENT IN WHICH THE COUNTY AND CONCESSIONAIRE OR COUNTY AND SUBLICENSEE ARE PARTIES, WHETHER FOR UNPAID RENT AND ASSOCIATED DAMAGES, CLAIMS OF UNJUST ENRICHMENT, CLAIMS OF UNFAIR TRADE PRACTICES, OR ANY OTHER THEORY OF RECOVERY OF ANY KIND OR NATURE, IS THE CONCESSIONAIRE. FURTHER, IT IS EXPRESSLY UNDERSTOOD_AND AGREED THAT THERE WILL NOT BE ANY LIABILITY WHATSOEVER AGAINST (A) DAI, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, AND/OR (B) ANY PERSONS AND ENTITIES WHO ARE THE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND/OR AGENTS OF THE CONCESSIONAIRE. SUCH EXCULPATION OF LIABILITY SHALL BE ABSOLUTE AND WITHOUT ANY EXCEPTION WHATSOEVER. R2A-In no event shall the Tenant be obligated to modify their internal sublease form attached hereto. R3. County recognizes and acknowledges that the Concessionaire is leasing the demised premises for the purpose of sublicensing to a franchisee/licensee of Doctor's Associates Inc. ("Franchisor") which requires its franchisees/licensees to utilize standard SUBWAY- decor and signs. Concessionaire may, at Concessionaire's option, terminate this Agreement upon three (3) days written notice to the County should Concessionaire, its assignee or sublessee fail to receive any approval, permit, licenses, rezoning or variance that is required to meet or exceed its requirements as stated herein. This provision shall expire 180 days after the effective date of this agreement. R4. County and Concessionaire acknowledge that it is extremely important that rent be paid in a timely manner as required by this lease. Since the Concessionaire may be subletting the premises to a licensee/franchisee of Doctor's Associates Inc. and the licensee/franchisee will be paying rent directly to the County, the Concessionaire does not receive rental income and will not know if rent has not been paid. Since the parties recognize that time is of the essence in this matter, County agrees to give written notice to Concessionaire within ten (10) days of any default committed under this lease by a Sublessee or Assignee of Concessionaire. Failure of County to give such notice will not constitute a waiver of monetary and non-monetary claims against the Concessionaire. Any notice which is to be given to Concessionaire shall be deemed sufficiently given if sent by Certified or Registered Mail, postage prepaid, addressed as follows: Concessionaire: (1) Subway Real Estate Corp. 325 Bic Drive Milford, CT 06460-3059, (2) To the Development Agent at: 321 E. Hillsboro Blvd. Deerfield Beach, FL.33441 (3) And the demised premises. County address for notice is: Director of Facilities Management, 3301 Tamiami Trail East, Naples, FL. 34112 The customary receipt shall be conclusive evidence of service, and notices shall be effective as of the date of mailing thereof. County agrees to accept rent at the above-referenced address. Any change in the e~tity to whom rent is due must be authorized in writing by the named County, its mortgagor, or by court order. Absent such acceptable authorization, Concessionaire shall not be in default of this lease if it continues to pay rent as specified herein. R5. If the whole or any part of the Premises shall be taken by any lawful authority under the power of eminent domain, then this license and the term demised, shall thereupon terminate and Concessionaire shall be liable for rent only up to the date of such termination. In addition, Concessionaire shall not be entitled to participate in any and all awards for such taking to the extent that any such award includes the loss, if any, sustained by Concessionaire as a result of the termination of this license for loss of business, fixtures, goodwill, and moving expenses. R6. In the event of litigation between the County and the Concessionaire relative to rights, obligations and duties of either party under this license, each party shall pay its own attorney fees and costs. Further, County hereby waives any claim(s) against Concessionaire and any related parties for consequential, exemplary, and/or punitive damages. In addition, both parties hereby waive their rights to a trial by jury. R7. If the County shall fail, refuse or neglect to comply with County obligations in accordance with the terms of this license, or if Concessionaire makes any repairs by reason of any act, omission of the County or its employees,Concessionaire shall have the right, at its option, to make such repairs on the behalf of and for the account of the County and deduct all costs and expenses thereof from the next installment(s) of rent due under this lease. R8. For good and valuable consideration, County agrees to the following provision: In the event of a default by the Concessionaire, County acknowledges an affirmative duty to mitigate damages and shall in no event accelerate rent due to the remainder of the term. Further, County and Concessionaire agree that Concessionaire's ~/ liability upon default shall not exceed one (1) month's base rent or the remainder due pursuant to this license, whichever is less. Upon the termination of this license, whether in accordance with this section or otherwise, Concessionaire shall be permitted access to the Premises to remove any and all logo or trademark items. Such items shall include, but shall not be limited to, signage and murals. R9. Concessionaire may, at Concessionaire's option, terminate this license at any time. In the event Concessionaire chooses to exercise this option, Concessionaire shall be required to pay to the County a sum of money equal to twp (2) month's base rent or rent for the remainder of the term, whichever is less. If Concessionaire elects to exercise this option, it shall give County at least sixty (60) days written notice thereof, which notice shall designate the date of termination and the lease shall expire on such date. Concessionaire shall make the payment required by this section within thirty (30) days after such termination. Ri0. County agrees nDt to sell, lease, let, use or permit to be used, any property owned or controlled by it except within the courthouse now or at any time during the initial term of this agreement or any renewal thereof to any entity which sells or serves hot or cold sandwiches or prepared salads. Further, current tenants shall be prohibited from adding items to their menus which conflict with this exclusive. County warrants that Concessionaire shall not be in violation of any other exclusive rights when this license commences. County agrees to provide the Concessionaire with all future exclusivity agreements with other tenants. Rll. If the licensed premises are not ready for occupancy by Concessionaire within three (3) months of the final execution of this license agreement, Concessionaire shall have the option of terminating this license by giving County written notice. In the event Concessionaire chooses to terminate the license, County agrees to execute documents related thereto and to promptly return any and all monies paid by Concessionaire, less any amounts due to the County. R12. If any government or local agency requires an inspection for toxic or hazardous materials prior to a new tenancy, County shall bear the cost of inspection. If a governmental authority requires the removal of hazardous or asbestos related material from the premises, lands or the building(s) of which it forms a part, it will be the County's responsibility to remove the offensive material. If the County does not comply with the ordinance within thirty (30) days after written notice from the Concessionaire, the Concessionaire may terminate this license. County agrees to hold Concessionaire harmless from any and all past environmental problems not approximately caused by the operation of Concessionaire's business. R13. In no event shall Concessionaire be liable for any tax related to income, transfer, sale, excise taxes or inheritance tax, if any, imposed upon the County. Should the County choose to contest the imposition of any tax or assessment, the cost of maintaining any such .action shall be borne solely by the County, and shall not be reflected in any later charge to the Concessionaire. R14. County represents that there are no oral agreements affecting this license; this license, exhibits and rider, if any, attached hereto and forming a part hereof, supersede and cancel any and all previous negotiations, arrangements, letters of intent, license proposals, brochures, agreements, representations, promises, warranties and understandings between the ~.arties as stated by, including but not limited to, Concessionaire's agent(s), employee(s), SUBWAY- franchisee(s), and/or SUBWAY- Development Agent(s) cf Doctor's Associates Inc. No alteration, amendment, change or addition to this lease shall be binding upon either par%y unless reduced to writing and signed by each paruy. IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E.' Brock, Clerk Attest as to Chairman's signaLure only. First W/itness ?Type/print witness name? Second '~Vitne~d BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA~ARX Bi BERRY, Ch~i'~ ~~'~ , Vice President S[ubwav R~I Estate Corporati,o,n, Inc.  ~Th~essionaire ~Y//' Signa~re of Vice President eal Estate Corporation, Inc. JOHN DEVINE VICE PRESIDenT Typed signature and title J'Type/print witness name? Approved as to form and legal sufficiency as to Collier County: Thomas X2. Palmer Assistant County Attorney CORPORATE SEAL (corporations only) F~XHIB IT "C" LICENSE COMM~NC~ AGREEMENT TO L/~SE AGRW. k~NT DATED THE ~ ~-~ DAY OF~ ~f~ , 19 ~ ~ ~WAY ~ ESTA~ CO~., Concessionair~j~;.nn,~,f__ Co~tY,D~S~G '7 70 SQU~ F~T AT ~% II1 f~ ~dz, ~ ,. p~~ ~ ~ PRO~SIONS OF ~ ~ LIC~SE CO~ ~ SUBLICENSEE CONCESSIONS, ~~G ~ BE T.R~Y ~ ~Y, AG~R~ ~T ~ ~ OF S~D LIC~SE CO~C~ ON ~ ~ DAY OF ~ ~ CO~C~ ON ~ ~DAY OF , 19~ ~ LIC~SE S~T.T. ~ AT ~D~G~ ON ~ DAY / OF ~~ PRO~D~. ~ "CO~C~ DA~" PRO~D~ ~~ S~TJ, BE US~, ~ DE~ ~ O~ION P~OD(S) ~ FOR ~ P~SES. CONCESSIO~ AG~RES ~T, ~ OF ~ ~OUGH ~ DA~ ~OF, C0~ ~ F~Y ~ T~.Y CO~LI~ ~ ~ P~O~ ~ ~ ~Y OF ITS OBLI~TIONS ~ SET FOR~ ~ ~ LIC~SE ~ ~T CON~SSIO~ ~ NO C~(S) OR ~USE(S) OF ACTION A~ST CO~ ~TSO~ ~ ~ NO ~G~ ~ ~ SE~(S) A~ST ~ ~ ~LT, ~ D~ CO~. COUNTY AG~T~.S THAT, AS OF AND THROUGH TWE. DATE ~RREOF, CONCESSIONAIRE HAS FUT,T~ANDTI]~ COMPLIED WTT~AND PERFO~EACHAND EVERY OF ITS OBLIGATIONS AS SET FORTH I/q ~ LICENSE AND THAT COUNTY HAS NO CLA~(S).ORCAUSE(S) OF ACTION AGAINST CONCESSIONAiRE.WHATSOEVER. WITNESSES: COUNTY: Dwiqht E. Brock,' Clerk WITNESSES: Board of County Commissioners __3~..~~_.~,llier C°unty 'r~F1 °r/~a BARBX'A'RA B, BERRY, CHAI CONCESSIONAIRE: SUBWAY REAL ESTATE CORP. (SEAL) VICE PRESIDENT Approveci sm to fc~~mimlcy Asststaat Coaat~ A~r~; Ekq~IB IT "C" LICENSE COMMENCEMENT AGREEMENT TO SE AGREEMENT DATED THE ~ ~-~ DAY OF BET~TI~.lr2~ CO j/' ~'~ " dotty, ~ ~WAY ~ ESTA~ CO~., Concessionaire, D~S~G '7 7~ SQU~ F~'I' AT (~//1 ~ ~ ~L~ , LIC~SE S~T.L ~ AT ~D~G~ ON ~ DAY / OF ~u~ ..... ~/, ~SS S~ ~~ OR ~~ PKO~D~- ~ "CO~C~ DA~" PRO~D~ ~~ S~T,T, BE US~, ~ DE~ ~ O~ION p~OD(S) ~ FOR ~ P~SES. CONCESSIO~ AG~ES ~T, ~ OF ~ ~OUGH ~ DA~ ~OF, CO~ ~ F~Y ~ T~.Y CO~LI~ ~ ~ P~O~ ~ ~ ~Y OF ITS OBLI~TIONS ~ SET FOR~ ~ ~ LIC~SE ~ ~T CON~SSIO~ ~ NO C~(S) OK ~USE (S) OF ACTION A~ST CO~ ~TSO~ ~ ~ NO ~ ~ ~ SE~(S) A~ST ~ ~ ~T.T, ~ D~ CO~. CO~ AG~S ~T, ~ OF ~ ~OU~ ~ DA~ ~OF, CONCESSIO~ ~ ~y ~ T~,Y CO~LI~ ~ ~ P~O~ ~ ~ ~Y OF ITS OBLI~TIONS ~ SET FOR~ ~ ~ LIC~SE ~ ~T CO~ ~ NO C~(S) OK ~USE(S) OF ACTION A~ST CONCESSIO~.~TSO~- WITNESSES: Dwioht,E. Brock, Clerk 'WITNESSES: COUNTY: Board of County Commissioners /,~__~k, ~~1~%,I 1 i er C ou n t y,~F 1 or ~, a BARBX~RA B~~, CHAIR~N~ qo~~o~~ ~ ~' ~C~ ~SID~(S~) Approve~ ~s to ictr,~u ~ legal suilici~Y A~ut Co~ut~ A~ar~; TO: FROM: DATE: MEMORANDUM Sue Filson, Administrative Assistant, Board of ~mmissioners Lawrence S. Pivacek, Assistant County AttorneK,~~ August 10, 1998 Collier County v. Betty Matthews, Case No. 98-224-CC Attached is an original Settlement Agreement and Release in settlement of the above styled lawsuit for Chairman Berry's signature. The Board approved this settlement on June 2, 1998 at its regular meeting under Regular Agenda Item 9(A). After Chairman Berry executes this document, please call either myself or my secretary, Gail Bonham, at X8400 for pick up. Ifyou have any questions, or need additional information, please do not hesitate to call me. /gb Attachment ce: David C. Weigel, County Attorney h:lifigaflon~'ratthew~'nemo.fi I~on ' SETTLEMENT AGREEMENT AND RELEASE This Scttlcmcnt Agrccmcnt and Rclcasc ("Agrccmcnt and Rclcase") is cntcrcd into and made on this /7~'''~ day of August, 1998 by and betwcen Bettye J. Matthews ("Matthcws") and Collier County, Florida ( "Collier County"), a political subdivision of tim State of Florida. W ITN E S S ET 1t: WIIEREAS, Collier County bas filed a lawsuit for declaratory judgment against Matthews in Circuit Court for Collier County, Florida (Collier Cottttty v. BetO,e J. Matthews, Case No. 98-224-CC "Lawsuit"); and Matthews, in responding to the complaint, filed a counter- complaint against Collier County; and WHEREAS, Collier County and Matthews, without admitting any liability or fault by either of them, nevertheless recognize the cost of litigation and now desire to finally resolve any and all clai~ns asserted or that could bavc been asserted in the Lawsuit, including but not limited to all claims for damages, equitable relief, attorney's fees, costs, or expenses of any kind, and to resolve all claims that relate in any way to or arise directly or indirectly from the Lawsuit or the events or conduct referred to in the complaint filed in the Lawsuit; and WHEI~EAS, Collier County and Matthews desire to reduce their settlement of the Lawsuit to a writing so that it may be binding upon Matthews and Collier County. NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Collier County and Matthews mutually agree to the following: i. Collier County and Matthews agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. Malthews agrees Io pay Collier County tile sum of One Thousand Six llundred ($1,600.00) Dollars and submit to the Court a Voluntary Dismissal With Prejudice o1' her counter-complaint against Collier County. 3. In consideration of Matthcws' aclions as described in Paragral)h 1t2 above, Collier County agrees to submit to Ihc ('ourt a Voluntary Dismissal Wilh l'rcjudicc ol' Ihe complaint filed against Matthews. 4. Collier County and Matthews each agree to bear their own attorney's fees and/or costs incurred in the Lawsuit. 5. Collier County and Matthews agree that immediately upon execution of this Agreement and Release by Collier County, Collier County shall file a Stipulated Order of Voh, ntary Dismissal With Prejudice of the complaint and counter-complaint following approval of the form of that Stipulated Notice and execution by tile Office of the County Attorney. 6. Collier County and Matthews agree that this Agrccmcnt and Rclease constitutes the entire settlement between Matthews and Collier County. 7. In the event of an alleged breach of this Agreement and Release, Matthews and Collier County hereby agree that the claims asserted or that could have been asserted in tile Lawsuit are hereby extinguished and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its temps and conditions. 8. Collier County and Matthews agree that this Agreement and Release shall be governed by the laws of the State of Florida. 9. 'rile effective date of this Agreement and Release shall be tile date it is executed by tile Clmirman of the Board of Counly Commissioners of Collier Counly, Florida as appears below. 2 IN WITNESS WHEREOF, Matthews and Collier County have entered into Agreement and Release on the day and year first above written. : ;. DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: I)ate I;.xectstcd l'rintcd,rrypcd Name Printcd/'i'yped Name BETTY J. MATTHEWS Printed~ryped Name this Approved as to Lawrence S. Pivacek Assistant County Attorney il0,4 RESOLUTION NO. 98-177 RESOI,UTION APPOINTING MATT CROWDER TO TilE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for thc Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist of three to five members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, TtlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Matt Crowder meets the prerequisites for appointment and is hereby appointed to thc Isles of Capri Fire Control District Advisory Committee to fulfill thc remainder of the vacant term, said Icrm to expire on December 31, 1998. This Resolution adopted after motion, second and majority vote. DATED: June 2. 1998 ATTEST: DWIGHT'E:BROCK, Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Wcigcl County Attorney DCW&n Naples 0atIy News Naples, FL 319~0 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY CC~IHISSIONERS ATTN: NANCY SALOGUB PO BOX &13016 NAPLES FL 3&101-3016 REFERENCE: 001230 0010105106~91 57695088 NOTICE OF iNTENT TO State of FLorida Co~qty of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the NapLes 0ally Ne~s, a daily newspaper published at Naples, in Collier Catty, F[ortda: that the attached Copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy N~ la · newspaper pub&ished at Naples, in said Cattier County, Florida, and that the said ~s~eec~ has heretofore been continuously in said ColLier Cot~ty, Florida, each day and has bee~ entered as second class matt 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 she has neither paid nor promised any person, firm or coperation any dls¢o~t, rebate, commission or refund for the p~brpose of securing this advertisement for tics[toff in the said newspaper. PUBLZSHED ON: 05/22 AD SPACE: 107.000 INCH FILED ON: 05/22/98 Signature of Affiant '/-~/-- / ~,. / Sworn ,o and S scr,b% ore ]oyce E. Blazier MYCOMMISSION de CC702521 EXPIRES April 10, 2002 ~ON0~D THI~'J tl~¥ FAIN 1.NSL~ANC~ 12. C 0110 NOTICE OF INTENT TO CONSIOER ORDINANCE Notice h, hereby glve~ that on TUESDAY. JUNE 2, 1991, In Boardroom, :)rd Floor, Act- ministration Building, Col: missioners will consider ff~a e~ctm~t of a Cou~y Or dlna~ca. The will commence at 9:00 ~ The rifle of of. AN ORDINANCE AMENDING ORDI- NANCE NuMGER 16-41~ AS AMENDED, THE ORDINANCE ESTAB- LISHING STANDARDS FOR CREATION AND REv,Ew o. COU.TY .OARDS; AME.D,.G ATION BOARDS; RENAMING COUNTY MANAGER AS COUNTY ADMINIS- TRATOR; AMENDING ~CT1ON FIVEo QUN. I- FICATIONS AND RE- QUIREMENTS FOR MEMBERSHIP ON BOARDS: PROVIDING THAT SPEC~IC CATE- GORIES OF EXPER- TISE REQUIRED TO QUALIFY FOR SERV- ICE ON COUNTY BOARDS ARE P~IMAR- ILY DIRECTORY ANO NOT MANDATORY: AMENDING - SECTION SEVEN, TERM OF OF- FICE; PROVIDIHG THAT ALL MEMBERS OF BOARDS CREATED BY TH~ COMMISSION SHALL SERVE THE PLEASURE OF THE CO MAAISSION; PR OVa- lNG FOR EXTENSION OF TERMS OF BOARD MEMBG. R S; AN~NO4NG SECTION NINE, RE- VIEW OF BOARDS~ DATING THE DATES WHEN EXISTING ADVI. SORY BOARDS ARE TO VIDING FOR TI-IE IN- CLUSION OF NEW BOARDS: PROVIDING FOR CONFLICT AND SEVI~RABILITY; PRO- VIDING FOR INCLUo irON IN COOE OF LAWS AND ORDI- EFFECTIVE DATE. O~olnor~e Is on'fl~e with the Ctert~ to the Board and All Int~'esto~ porltes_ ore he~rd. co~d M ~e proceidlnos oet~Mfllng t~eto ond J~e'eforeo may ne~J to : record M ~4 Woceedinos I )' Is n, cde. which rKord k'~ I cOU.T COLLIER COUKTY, BAR~ARA I~, DWIGHT E. 1 (~ncluding ~ covm:) Iii1111111111111!i111111111111111111111111111111111111111.111111 263...4864~ .o o · iiliillilllllilillilliilllilillilillllllliiiilllilllllliliiili 2g 1 Collier county COUrthouse ',: I~HOI~' NO: 774-8408 , (813) 774-8406 ~7 I ~5-13 e~ I 85-14 859 J 85-14 15:41 11:~? ~: 24 11:37 13:23 May 14, 1998 Ms. Judith FlanaGan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 86-41 Dear Judy: Please advertise the above referenced notice one time on Friday, May 22, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure CharGe to: 001-010510-649100 120 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby Given that on TUESDAY, JUNE 2, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Bc~rd of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-41, AS AMENDED, THE ORDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION THREE, CREATION OF NEW BOARDS; RENAMING COUNTY MANAGER AS COUNTY ADMINISTRATOR; AMENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS; PROVIDING THAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN, TERM OF OFFICE; PROVIDING THAT ALL MEMBERS OF BOARDS CREATED BY THE COMMISSION SHALL SERVE THE PLEASURE OF THE COMMISSION; PROVIDING FOR EXTENSION OF TERMS OF BOARD MEMBERS; AMENDING SECTION NINE, REVIEW OF BOARDS; UPDATING THE DATES WHEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED; PROVIDING FOR THE INCLUSION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement [] Other: (Display Adv., location, etc.) 12C 1 OriginafingDep~/Div: County Attorney Person: ~t._~_.~(2~ Date: ~"~,,~...~,~ Petition No. (If none, give brief description): Ordinance Amending Ordinance No. 86-41, as amended. Petitioner: (Name & Address): Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Heating date: (Based on advertisement appearing 10 days before hearing.) June 2, 1998 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDIN,.MNCE AMENDING COLLIER COUNTY ORDINANCE NO. 8641, AS AMENDED, THE ORDINANCE ESTABLISIIING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION THREE, CREATION OF NEW BOARDS; RENASIING COUNTY MANAGER AS COUNTY ADMINISTRATOR; A~'gLENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS; PROVIDING THAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN, TERM OF OFFICE; PROVIDING THAT ALL MEMBERS OF BOARDS CREATED BY THE COMMISSION SHALL SERVE AT THE PLEASURE OF THE COSL'~HSSION; PROVIDING FOR EXTENSION OF TEPaMS OF BOARD MEMBERS; AMENDING SECTION NINE, REVIEW OF BOARDS; UPDATING THE DATES WHEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED; PROVIDING FOR THE INCLUSION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost'? x Yes [] No 00 I-010510-649100 If Yes, what account should be charged for advertising costs: ReViewed by: David C. Weige'~', Coun~'omey Division Head Date Approved by: County Administrator Date List Attachments: Ordinance As DISTRIBUTION INSTRUCTIoN,g For hearings before BCC or BZA: lnltlnting person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Mnnnger. The Mnnnger's office will distribute copies: I"] County Mnnngetr agenda file: to Clerk's Office f"l Requesting Division l-] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: .~///,g~-//q,~?-Date of Public hearing: ~,,~.2//~/' Date Advertised: ORDINANCE NO. 98- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-41, AS AMENDED, TIrE ORDINANCE ESTABLISIIING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION TilREE, CREATION OF NEW BOARDS; RENAP.lING COUNTY MANAGER AS COUNTY ADMINISTRATOR; AP, lENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSIIIP ON BOARDS; PROVIDING TIIAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN, TERM OF OFFICE; PROVIDING TIIAT ALL MEMBERS OF BOARDS CREATED BY TIlE COMMISSION $11ALL SERVE AT TIIE PI.EASURE OF TIlE COMMISSION; PROVIDING FOR EXTENSION OF TERMS OF BOARD MEMBERS; AMENDING SECTION NINE, REVIEW OF BOARDS; UPDATING TIlE DATES WIIEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED; PROVIDING FOR TIlE INCI.USION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCI.USION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, Collier County Ordinance No. 86-41, as amended, was established to create standard policies for tile creation and review of County Boards; and WHEREAS, it is the desire of lhe County Commission that fidl board membership be maintained by all Connly Boards for tile purpose of meeting quort~m requirements; and WIIEREAS, the Collnly Commission recognizes that all otherwise qualified applicants for County Board membership do not always possess the exact educational background and technical expertise which is outlined in Counly Board ordinances as categories of expertise necessary to eITeetively accomplish thc Board's purpose; and WHEREAS, thc County Commission recognizes that Ibc forms of some Board members will need to be extemled from lime lo lime in order to meet such Board's quon:m obligations. NOW, TIlEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 86-41. Section Three, Crcalion Of New Boards, of Collier Connty Ordinance No. 86-41, shall be amended to read as follows: SECTION TIIREE: CREATION OF NEW BOARDS. (a) All Boards created after the effective date of this Ordinance shall be created hy ordinnncc only. except Cot thc Ad-l-Joe Stndy CommJllees which fall umler Ihe definition of Exempt. Such ordlnanee shall set £otlh the Board's purposes; fimclions; powers; responsibilities; .jurisdiction; membership requirements and reslrictions; terms and eonditlons of appointment to and I Words Und~ arc added; Words ....... Th.~ugh am deleted. removal from thc Boar(l; and lite specific staff support, if any necessary to prepare an annual report, either oral or wriltcn, to he presented to thc Commission. (b) Prior to thc advcrliscd p,hlic hearing held for said ordinance, the County Manege;= ~ shall submit to thc Commission, a report setting forlh the following information conccming thc proposed new Board: I.) Whether thc establishment of Ihe Board will create suf~cient betterment to thc comm,nity to justify the Commission's delegation of a portion of its authority. 2.) Whether another Board or agency, either public or private, already in cxistcncc, co,id serve, or is serving the same purpose. 3.) The costs, bolh direct anti indirect, of establishing and maintaining the new Board. 4.) Whether crc:trion of* the new Board is necessary to enable the County to ohtain state or f*cdcrnl grants or other financing. 5.) Whclhcr thc Board should have bonding authority. 6.) Whether creation of a new Board is tile best method to achieve the benefit desired. SECTION TWO: Amendment to Section Five ofCollier Cotmty Ordinance No. 86-41, as amen(lcd hy Or(linancc No. 92-44. Section Five, Qtmlifications And Requirements For Membership On Boards, of Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be amended to read as follows: SECTION FIVE: QUALIFICATION AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS. All members o1' County Boar(ts shall bc permanent residents and electors of Collier Cotlnty and shottld hc reputable and active in community service. In addition, all Board mcmhers should have demonstrated an interest in tile activity or service which is Ibc purpose of Ibc Board. Any member of* a County Board who ceases to be a resident of Collier County during his or her tem~ of*o£i~cc shall immediately advise the Commission of such chanse in slalus. Upon such notice thc Commission shall declare Ihe position to be vacant and shall promptly fill same purstmnt Io thc provisions of Scclion Six herein. Thc Commission's primary consideration in appointing Board members shall he to provide Ibc Board with thc technical, prof*cssional, financial, business or administrati,.e expertise necessary to cf*f*cctivcly accomplish the Board's purpose. ~£ No person shall serve on more than two County Boards simultaneously, if application is made for service on a third Board, the applicant must resign 2 Worths ~ nrc added; Words 8lmek--.~weu~h am dele(cd. 12C 1, simultanco,sly from one of his or her curront Board positions, or the application for the third Board shall be disqualified. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board during his candidacy. Should any County Board member beonmo bccom~ a candidate for an elective political office, such candidacy shall be deemed a tender of resignation from such Board and the Board members shall immediately advise the Commission of said resignation. The Commission shall, as soon as practicable after such resignation, declare tile position to be vacant and shall promptly fill same pursuant to thc provisions of Section Six of this Ordinance. Tile Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. No member of any Co,nty Board, as defined herein, shall print or create, or have printed or created, or ,se or dis,rib,re any business or informational card depicting the County logo or in ~,ny way representing such Board member as a representative of Collier County or as a Co,nty Board member. Tile Co.nty Mmm.ge~ ~ or his designee may, ,pon reqt,est and prior approval in writing, authorize County Board members to ohtain a Co,nty photo I.D. card identifying st,ch member as a County advisory Board member. SECTION TilREE: Amendment to Section Seven of Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44 Section Seven, Term of Ofl'icc. of Collier County Ordinance No. 86-41. as amended by Collier Cot,nty Ordinance No. 92-44, shall be amended to read as follows: SECTION SEVEN: TERM OF OFFICE. (a) Terms of office for Board members shall be staggered. (b) (I) Ten'ns of office for Board members shall be limited to two consecutive Icm~s of service on any one Board; provided, however, that appointment of a Board member to an initial term ot' one year shall not be considered a ",emi of office" for purpose of the limitations set I'orth in this section and st,ch members shall be entitled to serve two additional terms if so appointed. (b) (2) Appointmenls to fill a vacancy for tile remainder or balance ora term ofoffice shall be cm~sidcred a tem~ ofoffice for tile purpose of,be limitations scl forlh in Seclion (b)(I) above only if the remainder of tile term to be served exceeds 50% of thc fi, Il term. (b) (3) By a t,nanimous vote of the Commission. the limitations set forth in subsection (b) {I ) above may be waived. (hi 1~41 Thc lerm ora Board member shall automatically be extended beyoqd its expiration dale ,nlJl the Commission appoints a sueeessor~ (c) Nolbing set forth in subsection (b) above shall prohibit any individual from being re-appointed to a Board after n hiatus oflwo years. Words ~ nrc added; Words ~:mc:: ,Th,.~ui;h are deleted. SECTION FOUR: Amendments lo Scctlnn Nine of Collier County Onlinancc No. 86-41, as amended hy Collier Cm,nty Ordinance No. 92-44. Section Nine, Review n£ B(mrds, nF Collier County Ordinance No. 8~-4l, as amended by Collier County Ordinance No. 92-44, shall be amended to read as follows: SECTION NINE: REVIEW OF BOARDS. Commencing Janua~ l, 1987, each Boa~ shall be reviewed in thc following mflnncr: (a) On or bcforc .[anua~ 15'~ of fl~c year in which a Board is to be rcvicwcd, i~s Chai~crson shall suhmi~ ~o tim County ~ ~ a rcpo~ sclting foflh ll~c fi~llnwing info~alion regarding the Board: I.) Whether thc l~o:~rtl is sc~ing Ihe pu~ose for which it was crealed. 2.) X~efl~er ll~e ~ts:~rtl is mleqtmlely se~ing cu~enl community needs. 3.) A list of fl~c l~o:~rd's major accomplishments for the preceding Iwelve month peHod. 4.) Where fl~ere is any other Board or agency, either public or private, which is se~ing or wotdd better se~e the pu~ose for which the Board was created. 5.) Whefl~er tl~e ordinance creating the Board should be amended to allow the Board to more ~dequ~tely se~e the pu~ose for which it was created. fi.) Whefl~er tl~e Board's membership requirements should be modified. 7.) The cost, hofl~ direct and indirect, of maintaining the Board. (h) On or hefore Fehma~ 15'h of Ihe year in which a Board is to be reviewed, fl~e County M~n~ ~ shall deliver to Iht Commission fl~e report suhmlt~ed hy ~l~c Chai~erson of each Board, pummnt 1o Section 9(a) of this Ordinance, Iogcfl~cr wilh any recommendation or comments the County Ma~ ~ may have. In order Io assist tl~e County ~ ~ and tl~e Commission in the evaluation of the Chai~erson's report, tl~e County Ma~e~ ~ and Commission may review applicable minutes of meetings of tl~e Boards. All Boards shall be required 1o lo,yard the rain,les of all Board meetings Io the Commission in a timely manner. (c) D,ring March of fl~e year in which a Board is ~o be reviewed, ~he Chai~erson shall m:tke an oral presentation to the Commission. Said presentation shall be based upon the report submitted to Ihe County ~ ~ pursuan~ to Section 9(a) of this Ordinance. At ~he conclusion of said oral presentation :,~y Commissioner may request the fo~ation of a subcommittee consis~h~ of fl~ree (3) memben of fl~e Commission. Said subcommittee shall cv~luale fl~e Chai~enon's r~on, Ihe County ~ ~~ recommendations anti any other in fo~ation it deems relevant to 4 Words ~ ~rc added; Words ~~ are deleted. determine whclhcr Ihc Board shall continue in its present form. The subcommittee shall report to thc Commission not later than within ninety (90) days after their initial meeting. (d) At thc conclusion ol'this review process, thc Commission sh~ll dctc~inc whclhcr Io abolish, cm~dnuc, consolidate or modify thc Doard ~or ~our ycnm. (c) Thc ~ollowin~ Boards slmll bc reviewed in thc years ~s set ~o~h below nnd slmll hc reviewed ~mcc cvc~ ~our (4) years {hcrc~cr: ~ 1999 Board of Actjuslmcnt and Appeals Tourist Development Cotmcil Emergency Medical Semices Advisou Council County Government Productivity Commitlcc Pelican Bay MSTBU Adviso~ Commitlee Library Adviso~ Board Golden Gate Community Center Advlso~ Board ~menl Settees Adviso~ Commi~le~ Immok~ec Enlemrise Zone Development ~ 2000 Conlracmrs' Licensing Board Isles of Capri Fire Conlrol DislHct AdWso~ Board Parks and Recreation Adviso~ Board ~is{~ Con~4a~cc A'Jv~:cD' Ccmmi~ Immokalec Beautification Adviso~ Committee Cidzc,s' AdvisoQ, Task Force Collier County Code Enfforccment Board No~% Collier Counly Co(lc Fnforccmen~ Board Souih Golden Gate Parkxvay Bcat~tification Adviso~ Committee ~ 2001 Collier County Planning Commission Golden Gate Estates ~d==~ ~ Advisou Committee Lely Go~ Estalcs Beautification ~ ~¢~ver~y Rcv~c~v CcmmJlt~ Ochopce Fire Control District Advisou Commiltcc Environmcnlal Adviso~ Board Disaster Rccovc~ Task Forcq Radio Road Bcaulifcallon Adviso~ Commiltcc Bnyshorc/Avalon Beautification MSTU Adviso~ Commiltc~a ~ ~ Public Vehicle Adviso~ Commitlcc M ~sl~ ...... ) ..c~cu~c..mc= .... v~ccr, Ccmmht Environmental Policy Technical Adviso~ Board A~ordnhlc l lousing Commission tlispanic Affairs Adviso~ Board Bhck A [fidrs Adviso~ Board Hislorical Archaeological Adviso~ Board Forest Lakes Roadway & Drainage MSTU Adviso~ Commitlec (0 All Boards created after Ihc effective date of this Ordinance shall reviewed once cvc~ four (4) years thereafter. SE~ION FIVE: Conflicl nnd Scvcrability. Words ~ arc added; Words St.-.':k ~:rc::g',i aro delclcd. In thc cvcnt this Ordinance conflicts with any other ordinance or Collier County or othcr applicable law, the more rcstficlivc shall apply. If any phrase or portion orthis Ordinance is held invalid or unconstitutional h¥ any court orcompctent jurisdiction, such portion shall bc dccmcd a separate, distinct and independent provision and such holding shall not affect thc validity or the remaining portion. SECTION SIX: Inclusion In Thc Code OrLaws And Ordinances. Thc provisions or this Ordinance shall become and be made a part or thc Code or Laws and Ordlnnnccs or Collier Cotmty, FlnrJda. Thc sections or thc Ordinanccs may hc rcnumbcrcd or rcicttcrcd to accomplish such, and thc word "orclinnncc" may bc changed to "section," "arficlc," or any olher appropriate word. SECTION SEVEN: Effective Dale. This Ordinance shall become effective upon filing with tile Department of State. PASSED AND DULY ADOPTED by tile Board or Co,nty Commissioners of Collier County, Florida this (lay or ., 1998. ATTEST: DWIGIIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY', FLORIDA Approved as to form and legal s, rficiency: David C. Weigel ~) ' Co,nty Attorney DCW&ntordin.',nce By:. BARBARA B. BERRY, Chairman 6 Words Underlined are added; Words 8a.aeg-3q~ are deleted. COI.,LIER COUNTY FLORIDA REQUEST FOR I,EGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: 12B I x Normal legal Advertisement (Display Adv., location, etc.) 1"3 Other: Originating Depr~ Div: County Attorney Person: Date: Petition No. (If none, give brief description): Ordinance Amending Ordinance No. 86-41, as amended. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ' Hearing before x BCC BZA Otl~er Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) June 2, 1998 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-41. AS AMENDED, THE ORDINANCE ESTABLISttlNG STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION THREE, CREATION OF NEW BOARDS; RENAMING COUNTY MANAGER .AS COUNTY ADMINISTRATOR: AMENDING SECTION FIVE. QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS; PROVIDING TIIAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN. TEPu~I OF OFFICE; PROVIDING TIIAT ALL MEMBERS OF BOARDS CREATED BY THE COM~,iISSION SHALL SERVE AT Tile PLEASURE OF TIlE COMMISSION; PROVIDING FOR EXTENSION OF TERMS OF BOARD blEMBERS: AMENDING SECTION NINE. REVIEW OF BOARDS: UPDATING TIIE DATES WItEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED: PROVIDING FOR 'FILE INCLUSION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? x Yes [] No If Yes, what account should be charged for advertisine costs: O0 I-010510-649100 ~ Reviewed by: bavici C. weige'l", Cour~At~'orney Division Head Date Approved by: Coun .ty Administrator Date List Attachments: Ordinance For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval bet0re submitting to County Manager. Note: if legal document is involved, be sure that any necessary, legal review, or request for same, Is submitted to County Attorney before submitting to County Manager. The Manage~ s office will dislribu~e copies: ' F=I County Mnnager agenda file: to Clerk's Off[ce Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public heating: Date Advertised: ORDINANCE NO. 98- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-41, AS AMENDED, TIlE ORDINANCE ESTABIASIIING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION TIIREE, CREATION OF NEW BOARDS; RENAMING COUNTY MANAGER AS COUNTY ADMINISTRATOR; AMENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSIIIP ON BOARDS; PROVIDING TIIAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN, TERM OF OFFICE; PROVIDING TIIAT ALL MEMBERS OF BOARDS CREATED BY TIIE COMMISSION SIIALL SERVE AT TIIE PI,EASURE OF TIlE COMMISSION; PROVIDING FOR EXTENSION OF TERMS OF BOARD MEMBERS; AMENDING SECTION NINE, REVIEW OF BOARDS; UPDATING TIlE DATES WIIEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED; PROVIDING FOR TIlE INCLUSION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCI,USION IN CODE OF LAWS AND ORDINANCES; AND I'ROVIDING AN EFFECTIVE DATE. WIIEREAS, Collier County Ordinance No. 86-41, as amended, was established to create -~tandard policies for the crcalion anti review of County Boards; and WHEREAS, it is the desire of tile County Commission that fi, Il hoard membership be maintained by all Cotinty Boards for tile purpose of meeting quorum requirements; and WIIEREAS, the County Commission recognizes that all othenvise qualified applicants for Co(rely Board membership do not always possess the exact educational background and technical expertise which is outlincd in County Board ordinances as categories of expertise necessary to effectively accomplish tile Board's purpose; and WHEREAS, tile Counly Commission recognizes that the terms of some Board members will need to be cx~cndcd front limc lo time in order to mcct such Board's quon~m obligations. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLI L:R COUNTY, FLORIDA, that: SECT1ON ONE: Amcndmcnt lo Scction Three of Collier County Ordinance No. 86-41. Scclion Thrcc, Creation Of New Boards. of Collier County Ordinance No. 86-41, shall be amended to read as follows: SECTION TIIREE: CREATION OF NEW BOARDS. (a) All Boards created after tile effective date of this Ordinance shall bo created hy ordinnnce only, except for lhe Ad-Hoc Sludy Committees which fall under lite definition of Exempt. Such ordinance shall set £oMh lite Board's purposes; fi,nc(ions; powers; responsibilities; jurisdiction; membership requirements ami rcstriclions; terms and conditions of appointment to and 1 Words Uadgrli~ :,re added; Words glmek-~weugh are deleted. 12C 1 removal from the Ilo:mi; anti thc specific staff' support, if any ncccssary to prepare an annual report, either oral or written, Io bc presented to Ibc Commission. (h) Prior to thc .'tdvcrtiscd public hearing held for said ordinance, the County Manage~ ~ shall submit to the Commission, a report scttinlg forth the following information concerning tile proposed new Board: l.) Whether ~hc establishment of the Board will create sufficient betterment to thc community to justify thc Commission's delegation of a portion of its attthorily. 2.) Whether another Board or agency, either public or private, already in existence, couhl scrvc, or is serving Ihe same purpose. 3,) The costs, bofll direct and indirect, of establishing and maintaining the now Board. 4.) Whcfl~cr crca6on of the new Board is necessary to enable thc County lo ohlain stalc or federal ~rants or olhcr financing. 5.) Whether ~hc Board should have bonding authority. 6.) Whether crca6on of a new Board is the best method to achieve the benefit desired. SECTION TWO: Amendment to Section Five of Collier County Ordinance No. 86-41, as amcn(led 1)y Ordinance No. 92-44. Section Five, Qualifications And Requirements For Membership On Boards, of Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be amen(lcd to read as follows: SECTION FIVE: OUALIFICATION AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS. All mcmhcrs o£ (_'otmly Boards shall be permanent residents and electors of Collier Col. ln[y and should be reputable and active in community service. In addition, all Board mcmbcrs should have demonstrated an inlerest in the activity or service which is Ibc purpose of(he Board. Any mcmher of' a County Board who ceases lo be a resident of Collier County during his or her term of off icc shall immediately advise the Commission of such change in slatus. Upon such notice thc Commission shall declare tile position lo be vacant and shall promptly fill same pnrsuant to the provisions of Section Six herein. The Commission's primary consideration in appointing Board members shall be to provide Ibc Board with Ihc technical, professional, financial, buslncss or administr,,tive expertise necessary to cf'f'cctively accomplish the Board's purpose. ex ' I~ o ' ' ' ' No person shall serve on more than two County Boards simultaneously If application is madc for service on a third Board, the applicant must resign 2 Words ~ are added; Words gt~h are deleted. 12C 1 simtdtancously from one of his or her current Board positions, or thc application for the third Board shall be disquali fled. No member o£ nny County Board shall become a candidate for an el~live political office and continue to seine on st~ch Board during his candidacy. Should any County Board memher I,~me ~ a candidate for an elective political office, such candidacy shall be deemed n tender of resignation from such Board and the Board members shall immediately advise the Commission of said resignation. Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promplly fill same pursuant to Ibc provisions or Section Six of this Ordinance. The Board member shall not seine at any meetings after his or her position is declared vncnnt by thc Commission. No member or any County Board, as defined herein, shall print or create, or have prinled or created, or use or distribute any bnslness or infomational card depicting the Counly logo or in any way representing st~ch Board member as a representative Collier Cotmty or ns n County Board member. The County ~ ~r or his designee may, upon request and prior approval in writing, authorize County Board memhe~ to ohtain a County photo I.D. card identifying such member as a County adviso~ Board memher. SE~ION TIIREE: Amendment to Section Seven orCollier Cotmty Ordinance No. 86-41, as amended hy Ordinance No, 92-44 Section Seven, Term of Office, or Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be amended to mad as follows: SECTION SEVEN: TERM OF OFFICE. (a) Terns oroffice for Board membem shall be slaggered. (h) (1) Ten. s or office for Board membem shall be limited to two consecutive lerms oF semice on any one Board; provided, however, that appoinlment or a Board member Io an initial tern crone year shall not be considered n "Icftu of office" for pu~ose of thc limitations set forth in this section and s.ch members shall be entitled lo seine Bvo additional terns if so nppoinled. (h} (2} Appoinhnenls to fill a vacancy for the remainder or balnnce cfa tern oroffiee shall be considered a tem~ of office for Iht pu~osc of the limitations scl forth iu Sectio. (b)(I) above only ir thc remainder or the tern to be seined exceeds 50% of Iht fi~ll lc~. (b) {3) By n unanimous vote orthe Commission, thc limitations set forth in s.hsection (h) ( I )ahove may be waived. {e} Nothing set forth in subsection ~) above shall prohibit any individual from being re-appointed lo n Board after a hiatns of two yearn. 3 Wo~s ~ are add~; Wo~s ~ am delel~. 12g 1 [dj All merub ~£..r_,~.~ * · pleasure ol*thc Commi ~ · · vote of the quoqlnl ~ F t l~c Commission. SECTION FOUR: Amendments to Scctlon Nine o~Collicr County Ordinancc No. 8~-41, as amcndcd hy Collier County Ordinance No. 92-44. Section Ninc, Review ~1' Boards, o~ Collier County Ordinance No. 85-4~, as amended Collier County Ordinancc No. 92-44, shall hc amended to read as ~ollows: SECTION NINE: REVII[W OF BOARDS. Commcncin~ Jnnnn~ I, 1Og?, each Board shall hc rcvicwcd in the ~ollowing manner: (a) On or hc~orc J~nua~ 15~ ortho year in which a Board is to hc reviewed, its Chai~crson shall stlhmit to thc County ~ ~ a r~o~ soiling fo~h ll~c Fallowing inro~alion rcgarding tim Board: I.) Whcfl~cr Ibc I~onrd is sc~'ing Ihc pu~osc for which i~ was crcalcd. 2.) Whclhcr Ihe Bn:trd is adcqualcly sc~ing cu~cn[ community needs. 3.) A list or Iht Bnnrd's major accomplishments for Ibc prcccding twelve monlh 4.) Where fl~erc is auy off,er Board or agency, either public or privalc, which is sc~ing or would holler sc~,c thc pu~osc ~or which lhc Board was crcalcd. 5.) Whcfl~cr II~e ordiuancc creating Iht Board should be amended to allow thc Board 1o more ;~dcquatcly se~c the pu~osc for which it was created. 6.) Whclher Ibc l~oard's membership requirements should be modified. 7.) Thc cost, both direct and indi<ct, ofmaintaining thc BoaM. (b) On or hcforc Fchnm~ 15'h of thc year in which a BoaM is to reviewed, the County Mana~e~ ~ shall deliver lo the Commission the report submitted hy thc Chai~erson of each Board, pursuant to Section of this Ordinance, togcfl]cr with any r~ommendation or comments the County Mn~ A(lminj$1r~l~ may have. In order Io assist lhe County Administrator and the Commission in th¢ evaluation of Ihe Chai~e~on's repo~, Ihe Cotmly Mnnnge~ ~ anti Commission may review applicable minutes of meelings of Iht BoaMs. All BoaMs shall be r~uired lo fonvaM the minutes of all Boar(I meetings to thc Commission in a timely manner. (c) During March of thc year in which a BoaR! is lo bc reviewed, tim Chai~e~on shall mnkc an oral presentation lo thc Commission. Said presentation shall bc based upon thc report submilted lo the County Adminislralor pt~rsunnl to Section g(a) of this OMinanee. At the conclusion of said oral presentation :my Commissioner may request Ibc fom~ation of a suhcommitlee cousisdng of three (3) membe~ of the Commission. Said subcommittee shall evMuatc the Chai~emon's repofl, the County Adminislralor's recommcn(lations and any other info~ation it deems ~levant to 4 Words Underlined are added; Words ~ am dctcm'finc whclhcr thc Board shall continue in ils present rorm. The subcommitlcc shall report to Ihe Commission nol lalcr than wilhin ninety (90) days after Ihcir initial tootling. (d) At Ibc conclusion of this review process, thc Commission shall determine whether to abolish, coulinue, consolidate or modify thc Board for the ensuing four years. (c) The following Boards shall bc reviewed in thc years as set I'orlh below and shall he rcvicwed once every four (4) years Ihcrcaftcr: :1991 1999 Board of Adjustment and Appeals Tourist Development Council Emergency Medical Services Advisory Council County Govcmmcnt Productivity Committee Pclican Bay MSTBU Advisory Committee Lihrary Advisory Board Golden Gale Community Ccntcr Advisory Board Development Services Adviso .ry Committee Immokalee Enterp. rise Zone Development Agency -1-903. 2000 Contractors' Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board Fire--Distr4e{-C~tidatien Ad;'i~c~' Committee hnmokalce Beautification Advisory Commiltee Citi×¢ns' Advisory Task Force Collier County Code Enrorcement Board Norlh Collier Cc~unty Code Enforcement Board South Golden Gate Parkway Beautification Advisory Committee 199~ 2001 Collier County Planning Commission Gol&n Gate Estates C--hizerts ~ Advisory Committee [.ely Golf Estates Beautification Advisory_ Committee Poeket-o~-Pove~:,, Reviv:: Ccmmi::c; Mar~st~m~en~:fi~ccficn Adv':cD' Ccmmit~c; Ochopee Fire Control District Adviso~ Committee Envirom~cntal Adviso~ Board Disaster Rccovc~ Task Force Radio Road Beaufi ficntion A(tviso~ Commitlce Bayshorc/Avalon Beautification MSTU Adviso~ Commitw~ 2002 PuNic Vehicle Advisory Committee lmmo~lee44.?o."l. Advi:c.7 Pcard Ho,te!e.~s Ad'.'iac~' Commit:cc Mar-eo4sl~m! Becel: Rencg~:hm:=~ Adv':oW Ccmmi~ Environmental Policy T~hnical Adviso~ Board Affordable I lousing Commission Hispanic Affairs Adviso~ Board Black Affairs Adviso~ Board l lislorical Archaeological Adviso~ Board Forest Lakes Roadway & Drainage MS~ Adviso~ Commiltee (f) All Boards crea~cd after thc effective date o1' this Ordinance shall be reviewed once every four (4) years thereafter. SECTION FIVE: Conflict and Sevcrahility. $ Words .[J. lld.cflin~ are added; lVords £:.".'ck .Tt:..rcugh are deleted. 12C 1 In the cvcnt Ibis Ordinance conflicts with any olher ordinance of Collicr County or other applicable law, file more restrictive shall apply. If any phrase or portion oflhis Ordinance is held invalid or unconstitutional hy any court ofcompetentjurisdiction, such portion shall be deemed a scparate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part or the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettcred to accomplish such, and the word "ordinance" may be changed to "section," "article," or nny other appropriate word. SECTION SEVEN: Effcctivc Date. This Ordinance shall become effective upon filing with the Department o£State. PASSED AND DULY ADOPTED by Ihc Board o£County Commissioners o£Collier County, Florida Ibis ... day of ,1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: David C. Wcigcl County Attorney DeW&n/ordinance 6 Words ~ arc added; Words ~ are deleted. ORDINANCE NO. 9g-46 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-41, AS AMENDED, TIIE ORDINANCE ESTABLISIIING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS; AMENDING SECTION TIIREE, CREATION OF NEW BOARDS; RENAMING COUNTY MANAGER AS COUNTY ADMINISTRATOR; AMENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSIIIP ON BOARDS; PROVIDING TIIAT SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON COUNTY BOARDS ARE PRIMARILY DIRECTORY AND NOT MANDATORY; AMENDING SECTION SEVEN, TERM OF OFFICE; PROVIDING TIIAT ALL MEMBERS OF BOARDS CREATED BY TIlE COMMISSION SIlALL SERVE AT TIIE PI.EASURE OF TIlE COMMISSION; PROVIDING FOR EXTENSION OF TERMS OF BOARD MEMBERS; AMENDING SECTION NINE, REVIEW OF BOARDS; UPDATING TIlE DATES WIIEN EXISTING ADVISORY BOARDS ARE TO BE REVIEWED; PROVIDING FOR TIlE INCLUSION OF NEW BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier Cotmty Ordinance No. 86-41, as amended, was established to create standard policies for thc creation and rcvicw &County Boards; and WHEREAS, it is the dcsirc of the County Commission that full board membership be maintained by all County Boards for Ibc purpose of meeting quorum requirements; and WHEREAS, thc County Commission recognizes that all otherwise qualified applicants for County Board membership do not always possess the exact educational background and technical expertise which is outlined in County Board ordinances as categories of expertise necessary to effectively accomplish the Board's purpose; and WHEREAS, thc County Commission recognizes that the terms ofsome Board members will need to bc extended from time to time in order to meet such Board's quorum obligations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COI. FNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amcndmcnt to Section Three of Collier County Ordinance No. 86-41. Section Thrce. Creation Of New Boards, of Collier County Ordinance No. 86-41, shall be amended to read as follows: SECTION THREE: CREATION OF NEW BOARDS. (a) All Boards created after the effective date of this Ordinance shall be created by ordinance only, cxccpt for the Ad-Hoc Study Committees which fall under the definition of Exempt. Such ordinance shall set forth the Board's purposes; functions; powcrs; responsibilities; jurisdiction; membership requirements anti rcslrictions; terms and conditions of appointment to and I Words ~ arc added; Words ............ ~,.. are deleted. 12C 1 removal from thc Board; and the specific staff support, if any necessary to prepare an annual report, either oral or written, Io be presented to the Commission. (b) Prior to thc advertised public hearing held for said ordinance, the County .'?.:r,=g:r Administrator shall submit to the Commission, a report setting forth the following information concerning the proposed new Board: !.) Whether thc establishment of the Board will create sufficient betterment to thc community Io justify the Commission's delegation of a portion of its authority. 2.) Whether another Board or agency, either public or private, already in existence, could sen, c, or is serving the same purpose. 3.) Thc costs, both direct and indirect, of establishing and maintaining the new Board. 4.) Whether creation ot' thc new Board is necessary to enable thc County to obtain state or federal grants or other financing. 5.) Whether thc Board should have bonding authority. 6.) Whether creation of a new Board is the best method to achieve the benefit desired. SECTION TWO: Amendment to Section Five of Collier County Ordinance No. 80-41, as amended by Ordinance No. 92-44. Section Five, Qualifications And Requirements For Membership On Boards, of Collier County Ordinance No. 85-41, as amended by Collier County Ordinance No. 92-44, shall be amended to read as follows: SECTION FIVE: QUALIFICATION AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS. All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. In addition, all Board members should have demonstrated an interest in the activity or service which is lhe purpose of Ibc Board. Any member of a Cot,nty Board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the Commission of such change in status. Upon such notice the Commission shall declare the position to be vacant and shall promptly fill same pursuant to lhe provisions of Section Six herein. The Commission's primary consideration in appointing Board members shall be to provide the Board with the technical, professional, financial, business or administrative expertise necessary to elTectively accomplish the Bom~l's purpose. Calegorie~ 9.I' expertise referenced by Courtly Boards' Ordinances as qualifications for Board membemhip are considered to be primarily dlreelory and not mandalo~. No person shall serve on more than two County Boards simultaneously. If application is made for service on a Ihird Board, the applicant must resign 2 Words Underlined are added; Words ~ are deleted. simultaneously from one of his or her current Board positions, or the application for the third Board shall be disqualified. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board during his candidacy. Should any County Board member heearne ~ a candidate for an elective political office, such candidacy shall bc deemed a tender of resignation from such Board and the Board members shall immediately advise thc Commission of said resignation. Thc Commission shall, as soon as practicable after such resignation, declare thc position to bc vacant and shall promptly fill same pursuant to the provisions of Section Six of this Ordinance. Thc Board member shall not serve at any meetings after his or her position is declared vacant by dm Commission. No member of any County Board. as defined herein, shall print or create, or have printed or created, or ttse or distribute any business or informational card depicting thc County logo or in ~,ny way representing such Board member as a representative of Collier County or as a County Board member. Thc County Manage~ AdllIJllLgl31~ or his designee may, upon request and prior approval in writing, authorize County Board members to obtain a County photo I.D. card identifying such member as a County advisory Board member. SECTION TIlREE: Amendment to Section Seven of Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44 Section Seven, Term o£ Office, of Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be amended to read as follows: SECTION SEVEN: TERM OF OFFICE. (a) Terms ofoffice for Board members shall be staggered. (b) (I) Terms o£ office for Board members shall be limited to two consecutive tcnns o£ service on any one Board; provided, however, that appointment of a Board member to an initial term of one year shall not be considered a "tcm~ of office" for purpose of the limitations set forth in this section and such members shall be entitled to serve two additional terms if so appointed. (b) (2) Appointments Io fill a vacancy for the remaindcr or balance ora term of office shall be considered a term ofoffice for the purpose of the limitations set forth in Section (b)(1) above only if the remainder of the term to be served exceeds 50% of thc £ull term. (b) (3) By a unanimous vote of the Commission, the limitations set forth in subsection (b) ( 1 )abovc may be waived. (c) Nothing set £orth in subsection (b) above shall prohibit any individual from being rc-appointcd to a Board after a hiatus of two years. 3 Words ~ arc added; Words ~ ~ deleted. 12C 1 Ld.} All members of Boards created by the Commission shall serve at th~ pleasure of thc Commission and may automatically be removed by a ma_ioHty vote of the quorum o['flm Commissio11_ SECTION FOUR: Amendments to Section Nine of Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44. Section Nine, Review of' Boards, o£ Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be amended !o read as follows: SECTION NINE: REVIEW OF BOARDS. Commencing January I. 1987, each Board shall be reviewed in the following manner: I'a) On or bcforc January 15~ of thc year in which a Board is to be reviewed, its Chairperson shall submil to thc County M:na~;cr Administrator a report setting forth tile following information regarding the Board: 1.) Whether tile Board is sen'tag the purpose for which it was created. 2.) Whether Ihe Board is adequately sen'tag current community needs. 3.) A list of tile Board's major accomplishments for the preceding twelve month period. 4.) Where there is any other Board or agency, either public or private, which is serving or would better scn'e the purpose for which the Board was created. 5.) Whether tile ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. 6.) Whether the Board's membership requirements should be modified. 7.) The cost, both direct and indirect, of maintaining the Board. (b) On or before February 15'~ of the year in which a Board is to be reviewed, the County ,Manager Administrator shall deliver to the Commission the report submitted by the Chairperson o£eaeh Board, pursuant to Section 9(a) of this Ordinance, togclhcr with any recommendation or comments the County Mmm-,ge~ Administrator may have. In order to assist the County Manager Administrator and thc Commission in the evaluation of the Chairperson's report, the County M. anager Administrator and Commission may review applicable minutes of meetings of tile Boards. All Boards shall be required to forward the minutes of all Board meetings to the Commission in a timely manner. (c) During March of tile year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County .M. anagc~ Administrator pursuant to Section 9(a) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee consisting of three (3) members of the Commission. Said subcommittee shall evaluate the Chairperson's report, the County Ma.':agcr'a Administrator'8 recommendations and any other information it deems relevant to 4 Words Underlined are added; Words gte~l-4:h,teu~ are deleted. 12C 1 determine whether thc Board shall continue in its present form. Thc subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. (d) At thc conclusion of this review process, thc Commission shall determine whether to abolish, continue, consolidate or modify thc Board for the ensuing four years. (e) The following Boards shall be reviewed in thc years as set forth below and shall be reviewed once every four (4) years thereafter: ~ 1999 Board of Adjustment and Appeals Tourist Development Council Emergency Medical Services Advisory Council County Government Productivity Committee Pelican Day MSTBU Advisory Committee Library Advisory Board Golden Gate Community Center Advisory Board ~ 2000 Contraclors' Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board lmmokalcc Beautification Advisory Committee Citizens' Advisory Task Force Collier County Code Enforcement Board No~h Golden Gate Parkway Beautification Advisory Committee ~ 29.9.1. Collier County Planning Commission Golden Gate Estates ~ LtalILT..D~ Advisory Committee Lely Go l f Estates Beautification ~ ]~ak42.{_0 · . Ochopcc Fire Control District Advisory Committee Environmental Advisory Board 4x)94 2002 Public Vehicle Advisory Committee Environmental Policy Technical Advisory Board Affordable Housing Commission Hispanic Affairs Advisory Board Black Affairs Advisory Board Historical Archaeological Advisory Board Forest Lakes Roadway & Drainage MSTU Advisory Committee (f) All Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. SECTION FIVE: Conflict and Scvcrability. Words ~ arc added; Words ~ ar~ dclctcd. 1_20 In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. It'any phrase or portion of this Ordinance is held invalid or unconstitutional by any court o£competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: Inclusion In The Code O£Laws And Ordinances. The provisions o£ this Ordinance shall become and be made a part of the Code ot' Laws ~nd Ordinances of Collier County. Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board o£County Commissioners of Colller County, Florida thi.~.~a_.day of_ ))~t../ ,1998. ATTEST: '+ .' DWIGHT E. BRO~K, Clerk Approved as to form and legal su~cicncy: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA David C. Weigel County Attorney DCW&n/ordinance 6 Words ~ are added; Words ~ are deleted. 12C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-46 Which was adopted by the Board of County Commissioners on the 2nd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of June, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Ellie Hoffman Deputy Clerk Naples 0airy News Naples, FL 339~0 Affidavit of Publication Naples Daily News '''''-----------------------............... ............. ....................... BOARD OF COUNTY CO~4ISSIONERS ATTN: NANCY SALOGUB PO BOX A13016 NAPLES FL 34101-3016 REFERENCE: 001230 1021636466491 57695127 NOTICE OF INTENT TO State of Florida Co~ty of Collier Before the undersigned authority, ;>ersonaily appeared g. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples 0atly Ne~, a dotty newspaper published at Naples in Co[tier County, Florida: that the attached copy of advertising was published in said neuspaper on dates [isled. Affiant further says that the said Naples Daily Net~ is a neuspaper published at Naples, in said Cai&let County, Florida, and that the said ~ee~ has heretofore been continuous,y In said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Cot&let County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further lays that she has neither paid nor promised any person, firm or coporatton any discount, rebate, c~isston or refund for the purpose of securing this advertisement for pub[Jcott~ in the said newspaper. PUBLISHED ON: 05/22 AD SPACE: 66.000 INCN FILED ON: 05/22/98 Signature of Affiant S~orn to and Subscribed/b~ore me this .~day of 12C NO ! ICE OF INTENT TO CONSIDER ORDINANCE. Notice iS he~'eby given moO en TUESDAY, JUNE :2, 199~0 In ~ Bo~rdro<~n, :)rd Floor, Administration Bulldlng, Collier County Government Center. 3301 East Tornloml Troll, Na~les, Florida, the Board of County Commlssk~ers will co~slder the enact. merit of a commerce at 9:00 A.M. The title of of the pro- _p~...e.d Ordinance Is os AN ORDINANCE RE. PEALING, IN ITS EN- TlR ETY, COLLIER COUNTY ORDINANCE NO. 76-63, AS AMEND. ED, ABOLISHING THE DISTRICT 1 ARUNICIPAL SERVICES TAXING UNIT: PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDI- NANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Orcllnofl~e I~ on file wlt'A the Clad[ to the Board end Is available for Inspectk~. All Interested parties ora Invltecl to offend omi be heard. es to ar~,oo a decision ot the Board wgl need o re- cord of the proce~.~dlngs pertofnlng thereto emure that o verboolm B°~0~ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA Bi BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK HO. 1~214613 2 120 Ii1111111111111111111111111111111111111111111111111111111.111111 2~3-486~ Z,C)C)Z~,LON s ii11111111111111111111111111111111111111111i111111111111111111 · ~o~'Ho: (813) 774-8406 '°e NO. DATE ST. TIME TOTAL TIME ABBR ID STATUS tIPGS DEPT CODE COFI~.CODE ~7 85-19 12:19 ID~°~8'52 9416~J6968 OK 1 8~8 05-19 13:49 E~ 01 ' 54 92634864 OK 3 ~8~8A15 869 85-19 1J: 58 8EP 01 ' 54 92634864 OK 3 ~lC May 19, 1998 Ms. Judith Flanagan NaDles Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider An Ordinance Repealing Ordinance 76-63 Dear Judi: Please advertise the above referenced notice one time on Friday, May 22, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to 102-163646-649100 12L 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 2, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-63, AS AMENDED, ABOLISHING THE DISTRICT 1 MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 120 2 ORDINANCE. NO. 9~.___ AN ORDINANCE REPEAl. lNG, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-63, AS AMENDED, ABOLISlllNG TIlE DISTRICT ! MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WilEREAS, Ihe Board 0£ County Commissioners adopted Ordinance No. 76-63, as amended, which created the District I Municipal Services Taxing Unit; and WI I EREAS, the City of Marco Island was created on August 28, 1997; and WIIEREAS, the City of Marco Island has requested Ihat the city be removed Imm Ihe District 1 Municipal Services Taxing Unit. NOW, TIIEREFORE, BE IT ORDAINED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Ihat: ~: REPEAl. OF COI.I.IER COUNTY ORDINANCE NO. 76-63, AS AMENDED. Collier County Ordinance No. 76-63, as amended, is hereby repealed in its entirety. ~: INCLUSION IN TI IE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The scclions of the Ordinance may be renumbered or re-lettered to accomplish su:.h, and Ihe word "ordinance" may he changed to "section," "article," or any other appropriate word. ~: CONFLICT AND SF. VERABILITY In Iht event Ihis Ordinance conflicts with any other Ordinance of Collier County or other applicable law, thc more rcstrictivc shall apply. If any phrase or portion of thc Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hokling shall not affect the validity of the remaining portion. ~: EFFECTIVE DATE This Ordinance shall become effective September 30, 1998, and the Clerk is instructed to file this Ordinance with the Department of State within 10 days after its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this ~day of ~, 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIIT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY:~ BY:. Approved as to form and legal sumcicncy: County Attorney BARBARA B. BERRY, Chairman COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement [] Other:. (Display Adv., location, etc.) Originating Dcpt/Div: County Attorney Person: I~avid C. Wei.~)ate: May 19. 1998 P,titio. (Ir,o.e. give brier de,¢ription): Petitioner: (Nam~ & Ad&ess): Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) June 2, 1998 Newspaper(s) to be used: (Complete only if imporlant): x Naples Daily News [] Other .,~ ~'~eV"[] Legally Required Proposed Text: (Include legal description & common location & $'~. ,~n Ordinance repealing, in its entirety, Collier County Ordinance No. 76-63, as amended/the District I Municipal Services Taxing Unit; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severabillt¥; and providing for an effective date. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost7 [] Yes [] No 163646-6491O0 Revie~ If Yes, what account should be charged for advertising costs: 102- Approved by: Division Head Date County Administrator Date List Attaclunents: Ordinance DISTRIBUTION INI~[~RUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's omce [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: / Date Received: ~,/,/,~",~ DateofPublic,earin,: .~/,~/,~/ Date Advertised: . / / ORDINANCE NO, 9g-, 6 ? AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-63, AS AMENDED, ABOLISIIING TIlE DISTRICT I MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES1 PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 120 2 WIIEREAS, thc Board of County Commissioners adopted ordinance No. 76-63, as amended, which created thc District I Municipal Services Taxing Unit; and WIlEREAS, thc City o f Marco Island was created on August 28, 1997; and WiIEREAS, the City of Marco Island has requested that the city be removed from the District 1 Municipal Services Taxing Unit. NOW, TIIEREFORE. lie IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-63, AS AMENDED. Collier County Ordinance No. 76-63, as amended, is hereby repealed in its entirety. SECTION TwO: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such. and the word "ordinancc" may be changed to "section." "article," or any other appropriate word. SEa, ri'ION TtIREE: CONFLICT AND SEVER.ABILITY In thc event this Ordinance contlicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOI)'R: EFFECTIVE DATE This Ordinance shall become cffecdve October 1. 1998, and the Clerk is instructed to file this Ordinance with the Department of State within 10 days after its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. ATTEST: . r'.. c~ DWIGHT E. BROCK, Cl~rk Approved as to form and legal sufficiency: David C. Weigel ~ ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA 12C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-47 Which was adopted by the Board of County Commissioners on the 2nd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of June, 1998. DWIGHT E. BROCK ,,'-~: Clerk of Courts and ~erk' Ex-officio to Board~'f County Co~issione~. .. ',. " ~.~' . ~/.. ~ ~ ~ · ~.,.,~ .., , By: Ellie ~offman ,, ~..,.,, ..~ .... . · D~Duty Clerk ,, Nap[es Daily News Naples. FL 339G0 Affidavit of Publication Naples Daily Ne,s 80ARD OF COL~ITY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX &13016 NAPLES FL 3&101-3016 REFERENCE: 001230 loll636&36491 ~769S126 NOTICE OF INTENT TO State of Florida County of Cattier Before the undersigned authority, personally appeared B. Lant~, who on oath says that she serves es the Assistant Corporate Secretary of the Naples Daily News, · deity newspaper published at Nap[es, In Cattier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Nap[es Oaily News is a newspaper published at Nap[es, in said Cattier County, Florida, and that the said =[il~s~eec~ h,, heretofore been cont,nuous,y in aatd Cailler County, Florida, each day arid has been entered as second class mai~ eat[er at the post office in Nap[es, in said Collier Couqty, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, co~missfon or refund for the iI~brpose of securing this advertisement for [ica[ton in the said newspaper. PUBLISHED Off: 05/22 AO SPACE: 69.000 INCN FILED ON: 05/22/98 Signature of Affiant .. '" ' r Sworn to and SubsorJbedJ:~.~ore me this ~"'~1,~ day of loyce E. Blozier MY COM~41S$10N # CC702521 EXPIRES April I0, 2002 ~)N:)[ O TH~'U T~O¥ FA~N INeaU~ M~L'~, ~ NOTICE OF INTENT TO CONSIDER ORDINANC~ Notice Is hereby glve~ that on TUESOAY, JUNE 2, 1~, In ~d F~, Admlnls~ Bulldl~, C~ller Coun~ ~v~nme~ Ce~- 3~1 East Tomloml ~roll, ~ C~ ~mlss~s ~11 ¢~sl~r ~e e~- me~ of a C~ ~e. The m~J~ will c~me~ ~ 9~ A~ The ~le Ordl~ AN ORDINANCE A~ENDING COLLIER COUNTY ~DINANCE NO. 7~72, AS A~END* ED, ~ENDING ~C- TION ONE, AODING LAND A~ IN~ lNG T~ BOUNDARIES OF THE DISTR~T 3 ~UNICIP~ ~RVICES TAXING DISTRICT; PROVIDING* F~ CON- FLICT ANO ~RA- BILITY; PROVIDING F~ INhUmaN IN ~E C~E ~ LAWS A~O ~DINANCES: ~O,~D-- lNG FOR AN EFFEC- TI~ DA~. A cmv ~dl~e i~ ~ file w~ ~e CI~ All I~er~ he~ - J ~e ~d ~11 n~ o re-I c~d  ng ~ereto ev~e CObLIER COUNTY, FL~OA BARBARA B. BERRY~ C~N DWIGHT E. BROCK, C~K B~ Isl ~1~ ~ Cl~ N~ 121~17 (inc.l. udtng ~ cove~) III11111111111111111111111111111111111111111111111111111[i11111 2C % · ' !illilllllilillllllilillllilllilllilililllilillllllllllllllilll C.oll~er County C.o~rthouse ',: (813) 77~-8~08 , (813) 774-8406 92634864 May 19, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider An Ordinance Amending Ordinance 76-72 Dear Judi: Please advertise the above referenced notice one time on Friday, May 22, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to 104-163643-649100 12C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 2, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-72, AS AMENDED; AMENDING SECTION ONE, ADDING LAND AND INCREASING THE BOUNDARIES OF THE DISTRICT 3 MUNICIPAL SERVICES TAXING DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) l:,'g 3 ORDINANCE NO. 98-,,, AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-77., AS AMENDED; AMENDING SEC"I'ION ONE, ADDING I,AND AND INCREASING TIIE BOUNDARIES OF TIIE DISTRIC"F ,1 MUNICIPAL SERVICES TAXING DI,~FFR I CT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, thc Board of County Commissioners adopted Ordinance No. 76-72, as amended, which created the District 3 Municipal Services Taxing Unit; and NOW, TIIEREFORF., BE IT ORDAINED BY TIlE BOARD OF COUTrrY COMMISSIONERS OF COLL[F.R COUNTY, FLORIDA that: ,~ECTION QNIi: AMENI)MEN'['S '['O SEC'I'ION ONE OF ORDINANCE NO. 76-72, AS AMENDED. Scclion One o['Ordinancc 76-72 is hereby amended to read as follows: SECTION ONE: CREATION, PURPOSE, TAXING AUTIIORITY. (a) Thc District 3 Municipal Services Taxing Unit is hereby created, with boundaries described as follows: (U.S. '~'~ ,A n.~: ........ :~. ~c,t. ....... ~:-- ~e e.~,:~_ ~ !, .r .....~':i: ,:n c,~.,n. R:ng~ 2~ al Ibc intersection of thc easterly shoreline o}e the Gulf of Mexico with the north line o~' Section 34, Township 50 South, Range ~5 F~aSI, Tallahasscc Meridian, Collier County, Florida; thence easterly along the north line o~'Seetion ,34 to the southwest comer of Secdoq .~6~ said township and range; thence northerly along thc wes~ line of Sections 26. 23.14. I1 ond 2 to the intersection of North ~ood; thence easterly along the centerline of North Road to the intersection of Airport Road (C-31); thence northerly along the cmtcrline of Airport Road (C-31) to the intersection of the south line of the north half of Section 35, Township 49 South, Range 25 East; thence westerly along aforesaid south linc to the intersection on the west linc of aforesaid Section .35; thence southerly along 0ac ImM west line to the intersection of thc norlh 1 nc of the south quarter of Section 34, Township 49 South, Range Page 1 of 4 Words underlined are added; words :tr'--':~ thrcug~ are deleted. 12C 3 a.~ 25 East; thence weslerl¥ along said ~ south quarter atr Section 34 to the interscclion of the Gordon River; Ihencc norlherl¥ along the ccnterline of the Gordon River Io Ibc inlersection or Ihe norlh line Gl'Section 26, Township 49 South, Range 24 25 East; lhence easterly along the north line o1' said Section 26 to Ihe inlersection Gl' the ~ exlension of the west lin.._~e f~ or the subdivision ot' Poinciana Village. as recorded in Plat Book 8, page 61, and Plat flank I0, page SS, at' the Public Reeord.~ or Collier County; tl~enee northerly along said west line to the intersection or the north line or said Poinciana Village; Ihencc easterly along said north line lo the intersection of' Airport Road (C-31}; thence northerly along thc centcrline o1' said Airport Road (C-31) Io thc intersection of Pine Ridge Road; thence easterly along the centerline ot' said Pine Ridge Road Extension Io the inlerseclion at'thc Florida Power and Light transmission lines; thence soulherly along the eenterline oF Florida Power and Light transmission lines to Ihe intersection o1' Ihe north line oF Section 19, Township 49 South, Range 26 Easl; thence easterly along said north line of Section 19 to the northeast comer of Section 19; thence southerly along the east line o~' Section 19 to thc intersection of (he Green Canal; thence easlerly along the centerline of the Green Canal to the intersection of the west line Section I$, Township 49 Soulh, Range 25 'East; thence northerly along said west line to Iht interseelion of Green Boulevard; thence easterly along the centerline o£ Green Boulevard to lhe inlersection or.g',a4e Cot,n~ Road 95 ]; thence northerly along thc centerline of gave (7aunty Road 951 to the intersection o~'thc lmmokalee Road (g(~-846); thence easterly and norlhcrly along the centerline Gl' lmmokalec Road (gC..-845} to thc intersection of Oil Well Road (gg.gsg); thence ea.~terly along thc centerline ot' Oil Well Road (gC-858) to thc intersection or' Ihe northeast comer or Unit 67A Golden Gate Estates; thence southerly along Ihe east lines of Golden Gate Estates, Units 67A, 67, 72, 7:1, 78, 79, 84, 85, 90, 91 and southerly along the east line oFUnit 9lA to Ibc southeast comer o£Unit 9lA, Golden Gate Estates and the intersection of Alligator Alley (So84); thence westerly along the center line or Alligator Alley to the intersection at' ~ ~ Road 951; thence southerly and .southwesterly along the eenterline of gle*e ~ Road 951 ' · .Tamiami Trail ('U.S. 41); thence soulhea,lerlv alone the Tarniamj Trail ('U.S, 41) lo inlerseglinn or Manatee Road: thence westerly alone thc centerline or Manatee Road to intersection of' Counly Road 0511 thenc~ ~outherl¥ alon~ the centerlin<~ or gounty Road 9,';I Page 2 or*4 Words ttnderlirlgd are added; words ~ are deleted. 12C In thc Marco River; thence smtthcastcrl¥ alon~ the centerline of the Marco River to a poi~ 3.500 fee due soulh of Coon Kev [,i~ht: Ihence westerly ~o lhe Southernmost tip of ~apr Romano: Ihcncc noMhwcstcrlv alon~ Ibc weslerly shoreline of Cape Ro~ano and Kiqe Island to thc Waters of Caxamhas pass; thcnc~ No~heasterly in lhe wate~ of ~axamba~ ['ass to the centerline of the channel of ~aid qax~mbas Passi thence mn easterly along the centcrljne of ~he channel of Caxambas Pass. to a ~oint intersectine a marked channel mnqing northerly towards B~rficld Bay; thence nm no,hotly along the cenlerline of said channel to a point 3~0 feet of~hore in Bar,eld Bay from thc Mean lligh TMe I Joe of the casteHy end or lands ro~erly knm~ as ~,M~ Barfield Subdivision; thencc ~tn northerly, ~aslerly and sm~thcrly 300 feet offshore in B~rficld Bay from the Mean lligh Tide Line of Marco Island lo inlcrscction wilh lhe centcrline of Blue I fill Creek; thence mn southeasterly ~lone the centcrline of Blue llill Creek m a ~oinl ~00 feet offshore in Blue llill Bay fi'om ~he Mean l ligh Tide l.ine of Margo Island; thence continue northerly, easterly, and southerly 300 fcgl offshore in BI.e llill Bay from ~he Mean lligh TMe Line of Marco Island to cepterline of the aforementioned Blue lull Creek; thence mn no~heasterly along the ccnterline of Blue Ilill Creek, hut m a point imersection lhe li~¢ commoR to Rang¢ ~6 Eas~ and Ranne 27 Easl. To~shin 52 South. Collier Counlv. Florida: three mn no~herly ~lonp the line common to said Range 26 and 27 but Io a poiq$ intcrsecfing the centerline of the channel of Ihe Big Marco River; thence no,hotly, ~o~hwesterly, and westerly along the cenierline of the aforementioned Big Marco River and oul through ~apfi Pass; three no~hwesterly to the most Southwes$ end of Ke¢waydin Island; thence northerly alon~ thc casl shoreline of the Gulf of Mexico to the point ofbe~inninff. Excluding all lands within the inco~orated city limits of Naples. Excl,ding all lands wilhin the jnco~orated 9iW limils of lb0 City of Marco lsland~ (b) ~e unit hereby created and established is for the pu~ose of ex~eising those pow~ authorized by F.S. ch. 125. and oth~ applicable laws. SE~ON ~vQ: ~CLUSION IN ~IE CODE OF LAWS A~ O~ANCE ~e provisions of this Ordinance shall ~eome and ~ made a pa~ or the C~e of ~ws and Onlinanccs of Collier County, Florida. ~e sections ortho Ordinance may ~ mnumbered or re-lenered ~o accomplish such. and lhe word "ordinance" may be changed to "section." "aflicle," or any other appropriate word. Page 3 of 4 Words ~tndcrlined are added; words ::.-c:k :~rc::gh are deleted. - 120 *~: CONFLICT AND SEVERABILITY In Ibc evcnt this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, thc more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court o£ competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity otthe remaining portion. '~: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of _, 1998. A'FI'EST: BOARD OF COUNTY COMMISSIONERS DWIGIIT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: County Attorney BARBARA B. BERRY, Chairman ! I:dda/tndinaneeu'19911/MSTtJ-I Page 4 of 4 Words ~ are added; words stmek-O~ are deleted. '.'-:..' ' . 12C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 12g 3 ~:~Normal legal Advertisement (Display Adv., location, etc.) I-1 Other: Petition No. (If none, give brief description): Petitioner:. (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before ~ BCC BZA Other Requested ltearing date: (Based on advertisement appearin~10~ays before hearing) ~ ~ ~.~,C~ ~ Newspaper(s) to be used: (Complete only if important): ZLNaplcs Daily News [] Other Proposed Text: (include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: [] Legally Required Does Petition Fee include advertising cost? ~ Yes Division [lead Date I / - List Attachments: [] No If Yes, what account should be charged for advertising costs: Approved by: County Manager Date Ae DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will dL~tribute copies: i-I County Manager agenda file: to Clerk's Office [] Requesting Division f"l Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY:~ ./ Date Received:-Y"/~T.~./'/ . Date of Public hearing: ~/4/fi~/ DateAdver~ised: ....-~/~/a2f ORDINANCE NO. 98- 48 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-72, AS AMENDED; AMENDING SECTION ONE, ADDING LAND AND INCREASING TIIE BOUNDARIES OF TIlE DISTRICT 3 MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WllEREAS, thc Board of County Commissioners adopted Ordinance No. 76-72, as amended, which created the District 3 Municipal Services Taxing Unit: and NOW. TiIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNq'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ~: AMENDMENTS TO SECTION ONE OF ORDINANCE NO. 76-72, AS AMENDED. Section One of Ordinance 76-72 is hereby amended Io read as follows: SECTION ONE: CREATION. PURPOSE, TAXING AUTHORITY. (a) The District 3 Municipal Services Taxing Unit is hereby created, with boundaries described as follows: C:.'::!; :hen:: =~'~:h:'.'zs:-zr!}' :!cng :~: :cn:erNn: :f :he !,eh' C:.'::! :: :~: !r.:cr::::!:.-: ~,~ ................ ~ ...... ~, ,'.~?.'.:'c~.*.sr · -,~..o ........... {tLS. ~. ~ ) ;c :~: !n:cr.~c'.i,cn ~ '~- ;;.::: ~:-* -e ~-~.;~, ~ ,, ~r ..... ~:~, ~n e-...~ P-:.~i;: at lhe inter~ection of the easterly ;ihor¢lip¢ of th(~ Gulf of MCXiqo with the north line of Section 34, Township 50 South. Range 25 East. Tallahasscc Meridian, Collier County., Florida: thence easterly alonJz thc north line of Sccti0ll ,}4 lq the southwest comer of 26, said township and range: thence nortberl¥ alonu thc west line of Sections 26, 2,t, 14, 1 I iln~! 2 to [he intersection of North R0a(;l; thence easterly along the centerline of North Road to the intersection of Airport Road (C-31); thence northerly along thc centerline of Airport Road (C-3 I) to Ihe intersection of the south line of the north half of Section 35, Township 40 South, Range 25 East; thence westerly along aforesaid south line to the intersection on Ihe west line of aforesaid Section 3.5; thence southerly along O~e ~aid west line to the intersection of the Oorth line of thc south quarter of Section 34, Township 49 South, Range · 36 25 East; thence westerly along said north line of lh¢ south quarter of Section 34 to thc Page I o1'4 Words undcrlinc~0 am added; word~ Mmek.4ki,ee~b are deleted, intersection of. thc Gordon River; thence northerly along thc ccntcrlinc of thc Gordon Rivet to thc intersection of thc north linc o£Scclion 26, Township 49 South. Range 2-& 25 East; thence castetly along thc north line of said Section 26 to the intersection of' thc ~ ~ west line ~ of thc subdivision of Poinciana Village, as recorded in Plat Book 8, page 61, and Plat Book 10, page 85', of the Public Records of Collier County; thence northerly along said west line to the intersection of the north line of said Poinciana Village: thence easterly along said north line to the intersection of Airport Road (C-31); thence northerly along the centerline of said Airport Road (C-31) to the intersection of Pine Ridge Road: thence easterly along the centcrline of said Pine Ridge Road Extension to the intersection of the Florida Power and Light transmission lines: thence southerly along thc centerline of Florida Power and Light transmission lines to the intersection of thc norlh line of Section 19, Township 49 South. Range 26 East; thence easterly along said north line of Section 19 to the northeast comer of Section 19; thence southerly along the cast line of Section 19 to the intersection of the Green Canal; thence easterly along the centerline of the Green Canal to the intersection of the west line of Section 15. Township 49 South, Range 26 East; thence northerly along said west line to the intersection of Green Boulevard; thence easterly along the!centetline of Green Boulevard to the intersection of ~ County Road 951; thence northerly along the centerline of,ga~e County Road 951 to the intersection of the lmmokalee Road (g~-846); thence easterly and norlherly along the centerline of Immokalee Road (gC-846) to the intersection of Oil Well Road (gC-858); thence easlerly along the centetline of Oil Well Road (g~-858) to the intersection of the northeast comer of Unit 67A Golden Gate Estates; thence southerly along the east lines of Golden Gate Estates, Units 67A, 67, 72, 73, 78, 79, 84, 85, 90, 91 and southerly along the east line o1' Unit 9lA to the southeast comer of Unit 9lA, Golden Gate Estates and the intersection of Alligator Alley (S-84); thence westerly along the center line of Alligator Alley to the intersection of ~ ~ Road 951; thence southerly and ~ along the eentetline of Stele ~ Road 951 ' ' ~ i S 4 'th c uh 1 t a ' ' i 4 'rite ectionof Manatee Road' h c wester n h ten ' aha ee Road to~ · i un o 9' ' u a 9 a 'vt hn u r' 'v ;'at Page 2 of 4 Words ~ are added; words ~meg4lm~,h are deleted. 12C 001' u ~ r Io h o thcmmos ti o~' a o ano' h ncc northwcsterl alon Ih w sterl shor lin f' Ca Romano and Island to thc Waters of Caxa has Pass' thence ortheasterl i th watt-rs or' Caxambas ass to thc centcriinc of the channel of'said Caxamhas Pass: thcncc run castcrl alon thc ccntcriinc of' thc channc of axambas Pa~rs ctin a marked channc runnin no hcri towards Barfield a · thence run northerl al n thc ccnteriinc of said harm 1! a oint 00 fc toffsh cinBarficld a fro the a l-i TidcLincofth~e ca tcri end of and~' ion' thence mn northerl eastcrl and southcrl 00 fc t offs o c i Barfl Id Ba t'rom th Mcan tli h Tide Line of ar o s dtoin se rio w' i lu '1 't ns uthe set Ion h n ri'ne of lue ' i 0 et ho in I e Ilill Ba from the ea !1' bT' e into a c Isla 'he c continuen rlherl easteri and southeri 300 fc~t offshore in Blue llill a t'rom th can ~Ii h T'de ine of Marco Isl nd t centcriine of the aforementioned Blue llil~ thence run northeasteri alon the centcriine of Blue llill reek ut to a oin intersection th lin mon to Ran e 6 Eat and Ra e :27 East Townshi 2 South olh'er oun Florida' hencerun northcri alon the line comm n to said Ran 6 and 7 bu to a in i tcrsec in the centeriine of th channe o the Bi Ma co Riv t ce o r oft west [ and west I alon Ih [:enteriine of thc aforeme tion i arc iv u u a ri P ss' t c nort wet rl t th most ut w s d f wa d' slan · h o her Ion he ca t h relin ofthcGulfo M ' th i in i Excluding all lands within the incorporated city limits of Naples. · cludin al landswithi~ rat it ' it o t ' arcolsl nd (b) The unit hereby created and established is for the purpose of exercising those powers authorized by F.S. ch. 125, and other applicable laws. I~u[~[[.~: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 3 of 4 Words ~ are added; words ~ are deleted. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, thc more restrictive shall apply. Irany phrase or portion orthe Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct .',nd independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOU[~: EFFECTIVE DATE This Ordinance shall become effective October 1, 1998, and thc Clerk is instructed to file this Ordinance with the Department of State within 10 days after its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this ~ day of__~ ,'--'-~. ._, 1998. · ATTEST: DWIGIIT E., BROCK, Clerk · signature onl.1,. Approved as to Form and legal sufficiency: David C. Weigel- ~.~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t I:dd~/m'dinmncest 1098/M STU. I Page 4 of 4 Words dP.o_4g:li!l~ are added; words s~ are deleted. STATE OF FLORIDA] COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Florida, do hereby certify that th~ foregoing is a true copy of: ORDINANCE NO. 98-48 Which was adopted by the Board of County Commissioners on the 2nd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of June, 1998. Ex-officio to Board:of .' ' .~' ~ . '. Deputy Clerk RESOLUTION NO. 98- 175 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COI,LIER COUNTY, FLORIDA, AGREEING TO JOIN THE LOCAL PARTNERSHIP FOR IlOMEOWNERSIlIP, WHEREAS: For millions of families, homeownership is the American Dream and for more than two centuries, our nation has embraced this dream. Homeownership has been reaffirmed as a fundamental objective of national policy in the National ltousing Acts of 1934, 1949, 1968 and the Gl Bill of Rights in 1944, as a means to realize the goal ora "decent home and a suitable living environment for every American family." WHEREAS: The United States is one of the first countries in the world to make homeownership a reality for ama. iodty of its people. Thanks to effective cooperation between industry and government, the doors of homeownership have been opened to millions of families over the last six decades. WHEREAS: High homeov, mership levels are not inevitable. The national homeownership rate declined from a peak of 65.6 percent in 1980 to approximately 64 percent in 1991. After 46 years of growth, homeownership opportunities in America became unattainable for millions of hard-working families during the 1980's. While the homeownership rate has risen over the past five years, it is still below the 1980 peak. Continuing the trend toward greater homeownership is vital to our nation's families, communities and economic prosperity. WHEREAS: Homeownership strengthens families and stabilizes communities. It encourages savings and investment, promotes economic and civic responsibility, and is the primary means of wealth accumulation for most Americans. Owning a home provides greater opportunity for personal control and family security. Expansion of homeownership spurs new production and sales of good and services, thereby strengthening the economy and creating jobs. WHEREAS: More than 50 national public and private organizations have committed to reaching an all-time high level of homeownership. Under the guidance of the 16A-3 United States Department of'Housing & Urban Development, an unprecedented Pannership has been established and a National Homeownership Strategy has been developed to help reach this goal. WttEREAS: Only through the cooperative efforts of the private and public sectors, including industry, government, non-profit and communily groups at the national, state and local levels, can homeownership be raised to record levels. No one organization or government program can accomplish what a public-private partnership can achieve. WUEREAS: The Collier County/Naples Partners t'or Homeownership is committed to stabilizing neighborhoods, providing increased homeownership opportunities to households, and otherwise improving access to homeownership within Collier County and the City of Naples. THEREFORE BE IT RESOLVED: Collier County Government agrees to .join with other private and public sector organizations in t'onning a local pannership in Collier County and the City of Naples, consistent with the National Homeownership Strategy. DATED: ATTEST: DWIGHT E. BROCK, Clerk signature onl$. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Assistant County Attorney RESOLUTION NO. 97- RESOI.UTION OF TI II': BOARD OF COUNTY COMMISSIONERS. ('OLI.ll~R COUNTY. FI.ORIDA. AUTIIORIZING WAIVER OF REGIONAl. WATER SYSTEM IMI'AC~ FEES. REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE I IOUSE TO BE CONSTRUCTED BY FELI£'IANO MARTINEZ AND SOFIA MARTINEZ, ON LOT 4, BLOCK I I, NAPLES MANOR ADDITION. NAPLES, FLOR1DA. WIIEREAS. Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, Iow. and very.low income households in the County nod the need for creative and innovative programs to assist in Ibc provision of such housing by including several provisions in the C'ollicr County Grov. lh Management Plan. including: objective 1.4. policy 1.4.1; objective 1.5. policy 1.5.2. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6: ohjcclivc 1.6. policy ].6.3; objective 2.1. policy 2.1,1. policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 ol'the 11ousing Element; and WHEREAS, Collier County has received funding pursuant to the State Ilousing Initiatives Parlncrship Program set forth in Section 420.907 eL_ar~.. Florida Statutes and Chapter 91-37. Florida Administrative Code; and WIIEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Ilousing Initiatives Parlnership [SIIIP] Program for waivers of Collier County impact ~':cs; and WllEREAS. Feliciano Martincz and Sofia Marlinez are seeking a waiver of impact fees: and WiIF, REAS. Feliciano Marlincz and Sofia Marlinez will construct one (1) lhrec-bedroom unit (lhe "Dwelling Unit") on Lot 4, Block 1 I, Naples Manor Addition which is proposed to sell for Sixty-Seven Thousand One Ilundred Dollars ($67,100.00); and WIIEREAS. Feliciano Martincz and Sofia Martinez. submiUed to the Office of tlousing and Urban Improvement an Affordable llousing Application received on April 29. 1998 for a waiver of impact fees for the construction of' a house on Lot 4, Block I I. Naples Manor Addition. a copy of' said application is on file in the Housing and Urban Improvement Dcparlmcnt: and WIIEREAS. in accordance with Section 3,04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86. as amended: Section 3.04 of Ihe Regional Sewer System Impacl Fee Ordinance. ordinance No. 90-87. as amended; Section 3.04 of the Library System Impacl Fee Ordinance, Ordinance No. 88-97. as amended; Sectmn 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Scr~'iccs System Impact Fee Ordinance. Ordinance No. 91-71. as amended; and Section 3.05 of Ihe Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-33. as amended: an applicant may oblain a waiver of impact fees by qualifying £or a waiver: and - ! - · 16A ~II£R£AS, F¢li¢iano Mar~in~z a~d Sofia Mar~in~ h~v~ qtmli~ ~or ~n imp~t re ~ai~r A~d u~n ~ D~lling Unil shall be sol~ Io a fi~t-limc home ~c Dwelling Unit shall ~ sold to a household wilh a v~ Iow income level as that lc~ is defined in thc Ap~ndiccs to thc rcs~clivc Impact Fc~ ~dinancc~ and thc monthly payment ~o purch~ the unit must ~ within thc affordable housing guidelines established in thc Ap~ndiccs to the ms. tire Impact Fcc ~dinance~. C. ~e Dwelling Unit shall ~ thc llomcstcad ofthc D. ~e Dwelling Unit shall remain a~dahlc fi~r fiRccn (15) years ~rom thc date thc certificate ~cupancy is issued. NOW TIIEREFOR[L BF. IT RI~SOLVED BY ~lR BOARD OF CO~ C'OMMISSIONERS CO[.LIER CO~. FI.ORIDA. Ihat: I. ~e B~ard o~ County C'ommi~sionc~ h~ehy authorizes the County Manag~ to issue an Aulhorization ~or waivt'r or impact fees to Fcliciano Ma~in~ and Sofia Ma~inez ~or one (]) house which shall ~ const~ctcd on Lol 4. Bilk I I. Naples Manor Addition. Coll~er County. Florida. 2. U~n receipt b7 thc llousing and Ur~n lmpmv~t Director of an agreement for waiv~ impact fcc~ signed hy Fcliciano Manin~ and Sofia Ma~in~. ancot Ihc purchase, or oth~ d~umcntation acceptable to Ibc County Attom~. thc B~rd o~ C~unty ('ommission~ he~tby authorize~ thc payment hy Collier County o[ Ihe following impact ~ccs from the Affordable ilousing T~st Fund. Fund (191), in thc following amounts for thc one (I) house lo ~ built on Lot 4. I I. Naples Manor Addition by Feliciano Ma~in~ and So~a Maninez: A. I.ihra~ Impact Fcc S 180.52 B. Road Impact Fcc 1.379.~ C. Parks and Recreational Facilili~ Im~ct Fcc: ( I ) Community Park~ (2) Regional Parks 179.00 I). I?MS Impact l:ce 14.00 E. l~ducutiona] Facilities System Impact Fcc 1,778.~ F. Wat~ Impact F~ ~.~ G. Sewer Impact Fee TOTAl, IMPA~ FEES S6.169.52 3. ~e payment o~ impact fees by Col]i~ County is subj~t to thc cx~ution and recordation oran agreement ~or waiver o[ Collier County Impact Fees ~twcen the pro.ny o~&~ ancot purchaser and thc County. -2- T~is Resolution adopted aRer motion, second and majority vote favoring same. ATTEST: DWIGtlT E. BROCK, Clerk ~ ;'signature onl.~. ·" Aj~a'ovcd Js to form and '~ legal sufficiency:.. · Assistant Count7 Attorney BOARD OF COUN'I~ COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm/c/marfinez/re~o -3- 4 EXIlIBIT"A" LEGAL DESCRIPTION LOT 4 OF BLOCK i I, NAPLES MANOR ADDITION, ACCORDING TO TIIE PLAT BOOK TItEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF TIIE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. EXHIBIT "A" PAGE 1 of 2 EXlIIBI? PAGE 2 of 2 2328160 OR: 2426 PG': 2260 16A-4 AGREEMENT FOR WAIVER OF COi,I.IER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into thisc~ 'day of,~___ 1998, by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Fcliciano Martincz and Sofia Martincz, hereinafter referred to as "OWNER." WITNESSETtI: WiiEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, thc Collier County Regional Sewer System Impact Fcc Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System lmpact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance. as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide tbr v,'aivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WIIEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of ttousing and Urban Improvement; and WilEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and ' ... 16A · OR: 2426 PG: 2261 WliEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-/,7,./ at its regular meeting of ~ ,~-.. . 1998; and WllEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement ,,vilb the COUNTY. NOW, TIlEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as foilo,,vs: 1. RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAl, DESCP, IPTION. The legal description of'the dwelling t, nit (the "Dwelling Unit") and the site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to lhe Impact Fee Ordinance for a period of fifteen (1.5) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. the following: a. OWNER represents and warrants Thc Dwelling Unit shall be sold to a household with a very Iow income as defined in thc appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidclines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall bc the homestead of owner; Thc Dwelling Unit shall remain as affordable housing for fifteen years from the date the certificate of occupancy is issued for the Dwelling Unit; and 2 OR: 2426 PG: c. OWNER is the owner of record of Ihe Dwelling Unit anti owes impact fees in thc total amount of .5;6,169.52 pt, rstmnt to the hnpact Fcc Ordinance. In return for thc waiver ol'tlle impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housi,~g impact fee waiver qualification criteria detailed in thc hnpact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells thc Dwelling Unit subject to thc impacl fcc waiver to a subsequent purchaser, tile Dwelling Unil shall be sold only to households meeting thc criteria sci forlh in thc Impact Fee Ordinance. 6. AFFORDABI,E REQUIREI~IENT. Thc Dwelling Unit taus! be utilized for affordable housing for a fifteen (15) year period after tile date thc certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during st,ch period, the impact fees shall be immediately repaid to thc COUNTY. 7. I,IEN. lbe waived impact fccs shall be a lien upon thc Dv,'clling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with thc requirements of this Agrccmcnt. 8. REi,EASE OF i,iEN. Upon satisfactory completion of thc Agreement requirements and fifteen (I 5) years after thc date of issuance of thc certificate of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at the expense of thc COUNTY. record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. 'i"his Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth iu the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against thc Dwelling Unit until thc provisions of Section 8 arc satisfied. OR: 2426 PG: 226 IO. RECORDING. This Agreement shall be recorded by OWNER at tile expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chaimlan of the Board of County Commissioners. I I. DEFAUI,T. OWNER shall be in default oFthis Agreement (I) where OWNER fails Io comply with Ihe affordable housing standards and qualification criteria established in tile Impact Fee Ordinance and thereafter fails to pay the impact fees due witllin thirty (30) days of said non-compliance, or {2) where OWNER violates one of the affordable housing qualification criteria in thc Impact Fcc Ordinance for a period of fiftcen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of Ihe property fifil Io comply with thc said qualification crilcria for fifteen (I 5) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact Fees waived shall be paid itt Full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fccs waived shall conslitute a lien on tile Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years front thc date of issuance of thc certificate oFoccupancy or until repaid. Such lien shall bt superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for Cot, nty taxes and shall be on parity with Ihe lien or any such County taxes. Should thc OWNER bc in dcfimlt of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a cMl action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to tile COUNTY. Tile Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by thc Board in enforcing this agreement, plus interest at tile statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WilEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Prirfi Name i'T)c ~ .. tot int Name OR: 24~6 OWNER: /*",. t' , ~.,, /',"c ,, ,'...; ~ ,-_ ¢. Felieiano Martinez PG: 2264 16~ DATED: ATTEST: DWIGHT E. BROCK, Clerk sfgnaeure only. Approved as ~o ~o~ and legal su~ciency Heidi F. Ashton Assistant County Attorney OWNER: Sofia Marfinez BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BarbXara B. Bcn:y~, 5 OR: 2426 PG: 2265 STATE OF Florida ) COUNTY OF {Td;llli.eJ~) The foregoing instrument was acknowledged before me this ..... ,,..z by Feliciano Martinez who is known to m¢,-or-has produced ..... id~ification:. [NOTARIAL SEAL] STATE OF ~__ COUNTY OF Collier .... day of ~,:~/'/,~, ~_ .. 1998, / ,- /~.'~ ~'/' '' )r Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Print(d or Stamped 2,.~c.._..,~.>., ,..,, ~,.~,. :,~ v_~.~h.,_~..I .) ) The foregoing instrument was acknowledged before me this by Sofia Martinez who is known to me,.or~has produced- day of [NOTARIAL SEAL] 8ig6ature of Pcrson 'Taking Acknowledgment Name of Acknowledger Typed, P~nted or Stamped ,1998, jd/f/martinez/agree 6 OR: 2426 PG: 2266 I I EXiliBIT I,EGAL DESCRIPTION LOT 4 OF BLOCK I!, NAPLES MANOR ADDITION, ACCORDING TO THE PLATBOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUCLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXItIBIT "A" PA(;E 1 of 2 '': ' *** OR: 2426 PG: 2267 *** 16A 4 (Ye Sc:le) PAGE 2 of 2 GOLF COURSE EARI,Y WORK AGREEMENT FOR Forest Glen of Naples THIS AGREENIENT. made anti entered into this 22nd day of , l'la¥ 19 98 . by and between THE BOARD ©F COUNTY COMMISSIONERS OF COLLIER COUNTYi FLORIDA (hereinafter referred to as "County") and Forest Glen Golf Community. Limited Partnership, (hereinafter referred to as the "Developer"). WHEREAS, Developer is the rec()rd title owner of Naples Golf Estates PUD, and due to the size and complexity of the golf course portion ()f the subject project, demands for certain infrastructure which is specifically described herein exceed the rate at which the remaining tx)rtions of the subject property would typically be expected to develop anti provide infrastructure supporting the golf course portion c,f the subject project; and WHEREAS, Developer is desinms ~ff vegetation removal in the proposed golf course, lake, and road areas prior to filling for the golf course construction on the lands subject to this Agreement in advance of plat recordation: and WHEREAS, the Developer wishes to construct a golf course hereinafter referred to as the Forest Glen Golf Course in accordance with the Collier County Land Development Code. Collier County Ordinance 91-I02. The Infrastructure which is the subject of this Agreement is needed to support the golf course is specifically described in Exhibit "A" and WHEREAS. this golf course is to be c~nstructed in an area remote from existing or immediateiy planned infrastructure and the golf course ctmstruction requires grow-in and other Iomz lead time items; and ~ WHEREAS, the golf course construction planned d~es not and will not be amended to include plans for residential or clubhouse related uses beyond the limited infrastructure subject to Agreement; and NOW THEREFORE. in consideration of the premises, the mutual undertaking of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows: The fi)regoing recitations :,re true and correct and are incorporated herein by reference. 2. Deveh)per agrees t() pr(~ceed with the plat fl)r the golf course and the required infrastructure to support the golf course. The plat shall remain unrecorded and no bonding shall be required while the Developer completes the golf course and the related infrastructure described in Exhibit "A". Developer agrees to execute a construction and maintenance agreement in a format acceptable to the County at the time of the plat approval by the Board of County Commissioners of the golf course. 3. Developer agrees to complete the golf course and its required improvements within three years. Operation of the completed golf course shall not commence until the final plat is recorded and the County grants preliminary acceptance to the required subdivision improvements and all required support facilities are in place and approved fi~r occupancy and use as a golf course facility. 16A 5 4. Dev¢lop,:r agrees to dedicate :,nd grant, without cost or reimbursement to the County. all necessary easements to the County and all ,~her service providers to service the golf course and the remaining l~)rti,ns of the overall pr,jecl and other lands, provided said easement granls do not unreasonably interfere with thc use and ,pcrali.n ,f the golf course. 5. Developer agrees to roe,rd the final plat upon completion of construction and final inspection of infrastructure and lake cxcavati,n work and agrees to provide a maintenance bond for the infrastructure required within the golf c.ursc pursuant to the provisions of the Collier County Land Development Code. Collier County Ordinance 91-10:2. as amended or its successor in function, same being sometimes referenced herein as "Subdivision Regulations". 6. Developer shall prepare subdivision construction plans and a final plat and shall submit these plans and plat fi)r review and approval in accordance with the Subdivision Regulations. Plans shall include where applicable water management lakes, conveyance structures and outfalls, irrigation facilities, other permanent or temp, rary access roads or utilities, utility crossings and the like. and site clearing. 7. Developer shall obtain all requisite federal, state and local permits and approvals and shall construct the infrastructure subject tis this Agreement including the aforementioned golf course. lakes and water management facilities, irrigation pump stations, shelters, temporary infrastructure and any maintenance facility in accordance with all applicable federal, state and local regulations, land use and land development regulations. 8. Developer agrees and acknowledges that any temporary water, sewer and access facilities, if required, shall be abandoned in favor or permanent connectionat such time as the permanent services are available to the site. Verification and approval of any temporary facilities will be made during the site development plan and/or building permit review process, which ever is applicable. 9. Developer agrees that a Site Development Plan (sometimes refen'ed to herein as "SDP") shall be submitted for any vertical construction, such as a maintenance facility or proposed structure serving the golf course in accordance with Ordinance 82-02. as amended by Ordinance 90-24. or their successors in function, to obtain site plan approval. After the gDP is approved Developer shall be allowed to apply fi)r building permits which directly relate to the development of structures for the golf course only. Any proposed clubhouse or like facility shall not be deemed to be pan of this Agreement or the infrastructure addressed herein. 10. County agrees and shall permit the Developer to proceed with the planning, permitting and construction of the golf course irriga~i,n pump station, rest shelters, maintenance facility, and requisite infrastructure subject this Agreement. Issuance of County approvals to commence construction of the golf course shall be conditioned up, n the fidlowing: a) Upon the County Adminstra,)r. or his designee, finding that the subdivision construction plans and documents and final plat for fi'~e golf course are in compliance with the provisions of the Growth Management Plan and the Subdivision Regulations and thereafter upon approval of same by the Board of Commissioners during a regularly scheduled meeting. b) Developer's submittal to County a copy of the following permits andJor approvals: South Florida Water Management District. Application No. 971205-22. 16A-5 c) Developer posts the necessary lake excavation bonds pursuant Ordinance 88-26. as amended, or it successor in function. Upon full and go~xi faith compliance with the provisions of this paragraph, the County shall process building permits subject to normal review procedures. A certificate of occupancy for those building permits approved under the terms of thi~; Agreement will be issued upon satisfactory completion of building and site construction in acc()rtlance with approved plans. Occupancy and operation of any irrigation system, maintenance facility. ()r rest stations shall not be withheld pending the preliminary acceptance of the Forest Glen golf course infrastructure and recordation of the Forest Glen golf course plat, provided all necessary temporary or permanent support infrastruclure is completed and properly placed in service by the County. II. County shall not permit and the Developer shall not seek to place the golf course in service until the final plat of the golf course is recorded, preliminary acceptance of the golf course infrastructure is granted by the County and all temporary or permanent water, sewer drainage and access facilities are available to support Ihe golf course and its related uses and activities. 12. All notices required or permitted to be given hereunder shall be in writing as follows: If to County County Administrator Courthouse Complex Naples, FL 34112 With copies to Development Services Director and Pro, ct Plan Review Manager if to Developer Forest Glen Golf Community. Limited Partnership 3185 S. Horseshoe Drive Naples. FL. 34104 13. This agreement shall be binding upon the parties, their successors and assigns, and shall run with and bind the lands described and encompassed herein. 14. Developer agrees to indemnify and hold County harmless against any and all liability. loss. damage or expense from claims or causes of action, including attorney's fees and court costs. resulting from a challenge by any person or entity objecting to the legality or validity of this Agreement. 15. Unless terminated by the written mutual consent of the parties hereto, this Agreement shall terminate upon final acceptance of the infrastructure and subdivision improvements addressed herein upon the final acceptance of same by the County in accordance with the Subdivision Regulations. 16A-5 IN WITNESS WHEREOF the parties have executed this Agreement thc date first above written. Signed. sealed and delivered in the presence off STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chair'h~n ...... ~ A' i--- .B- k Cl;rk ~ ~ Limited Pa~oe~ ~' · Approved as to form & legal sufficiency Assistant Co~unty Attorney (affix notary seal) The foregoing instrument was acknowledged before me on ,his..~ay of~ ~LLL] . 1998. by Mark S. Taylor. as Vice President of Ronto Golf Estates, a Florida Corporation. general paq'tner of Forest Glen Golf Community Limited Partnership, a Deleware Lira/ired Partnership who is personally known to me and who dig"did not take an oath. N0/tary Pu~l~¢ / My Commission Expires: Notary Prit~d Name Civil Engineers, Environmental and Development Consultants 16 -5 FOREST GLEN OF NAPLES LAKE INTERCONNECTS Summary of Preliminary Opinion of Cost Item Description Estimate STORM DRAINAGE Total' $283,788.70 $283,788.70 Civil Engineers, £nvironmental and Deueloprnent Consultants FOREST GLEN OF NAPLES LAKE INTERCONNECTS Preliminary Opinion of Cost STORM DRAINAGE .... DESCRIPTION 24" RCP 36" RCP 42" RCP 48" RCP 60" RCP 24" Mitered End Section 36" Mitered End Section 42" Mitered End Section 48" Mitered End Section 24"Concrete Headwall Precast 36"Concrete Headwall Precast 60" Concrete Headwall Precast FDOT Type "C" Catch Basin Control Structure QUANTITY [ UNIT 1943 LF 838 LF 217 LF 1036 LF 417 LF 14 EA 4 EA 2 EA 6 EA I EA 1 EA 2 EA 13 EA 2 EA STORM DRAINAGE SUBTOT,,\ L COST $30.30 $49.90 $63.60 $72.60 $104.40 $450.00 $600.00 $700.00 $800.00 $1,080.00 $2,380.00 $4,295.0O $1,200.00 $4,000.00 TOTAL ] $58,872.90 $41,816.20 $13801.20 $75 213.6J $43 534.80 $6 300.00 $2 400.00 $1.400.00 $4,800~00 Sl,080.00 $2,38O.O0 $8,590.00 $15,600.00 S8,000.00 S283,788.70 -SURVEYOR'S' DESCRIPTION: A"porflon of Section 2, Ta~nshlp 50 S<~th, Rc. nge 26 East, Collier County, Florida, being more porticulad~ d~ed as. fdlaws: Commerme at the Northeast comer of s-~id Section 2, thence South 00'20'39" West, along the East Line of said Section 2, a dlstance of 200.00 feet to the Southerly Right-of-Way Line of State Ro~d 84. and the Point of Beginnin~ thence, continue South 00'20'59" West, along said East Line, a distance of 2670.16 to the Southeast corner of the Northeast One-Quarter of ~id Section 2; khence, South 00'21'01' West, along the East Line of ~ald Section 2, a distance of 2649.53 feet to the Southeast Comer of said Section 2; thence, South 88'18'14" West, along the South Line of ~1d Section. 2, a distance of 5234.58 feet to the Eastedy Right-of-Way Line of State Road 951; t~ence, North.O0'50'47' East, along s~id East Right-of-Wadi Line, a distance of 3764.03 feet to He Southerly most comer of Parcel 112 as described and recorded In Official Records Book 1120 at Pages 1989 thru 1991 ~)f the Public Records of Collier County, Flortda; thence, North 04'03'14' East, along the EasteHy Line of s~id Parcel 112, a distance of 828.58 feet; thence, 'South 89'09'13' East, a olstance, of 572.21 feet: thence, North 59'25'04" East, a distance of 31.3~ feet; thence, South 89'09'13' East. a distance of 136.39 feet; thence, North 00131'14' East, o dletance of 704.50 feet to the Southerly Right-of-Way Line of aforementioned State Ro<3d 84; thence, Nbrth 79'25'2.1' East, along said Southerly Line, a distance of 155.41 feet; thence, North 89'56'36' East, along s~ld Southe~y Line. a dlstance of 900.00 fe~t; thence, North 51'21'50' Eas~. along ~aid Southerly Line. a distGnce of 255.84 feet; thence, North 89'56°36- £a~t, along s~ld Southerly Line, a distance of 547.99 feet; thence, South 89'44'49' East. dong · ald Southerly' Une, a dlstance of 152.01 feet; thence, South 00133'24' East, along s~=id Southerly Line, a distance of 100.00 feet;, thence, South 89'44'49' East, along said Southerly Line, a distance of 55,5.01 feet; thence, North 00~3'24' West, along said Southerly Line, a distance of 100.00 feet: Ulence, South 89'44'49" East. along said Southerly Line, a distance of 1928.59 feet to the Point of Beginning.. ' ' Said lands situate, lying and being in Collie~ County, Florlda. I I I IlUl Ill I , , I IIIII I I I I I I I I III IIII i~ ~Mcnu Florida Division or Corporations Public Access Inquiry by: O O[ficcr / Rcgi~lcmd A~cnl O Rcgi~ Ag~ N~ OT~ ~n~ O~1 Numar O ~ ~nl NumN. r OT~e~ Se~h String: ~ 1 lom¢l)a,_l~ Corporate Inquiry Meuu: Plea.~ .,,elect an inquiry I.vp~. fr,m thc list below. Ihen enter a ~arch key in Ibc .~arch field. Prc~,~, SI- ibc .~,rc'h. §/21/9B CORPORATE DETAIL RECORD SCREEN NUM: P9700004823j Nr:I.'L ACTIVE/FL PROFIT FEll: 59-3464745 NAME : R()NT¢) G()I,F ESTATES, INC. PRINCIPAL: ]185 IIOP. SESIIOE DRIVE S ADDRESS l.'!Rgr I.'I,¢)OR NAPI,i.::4, ~"L 34104 US MAILING : 311iff IIOR,qI.:SIIOE DR S ADDRESS I.'I RF:T t.'[,(,~l,~ NAPI,HS, FI, ]4104 US RA NAME : SOI,r):'I()N, A. ,lACK RA ADDR : .]185 IIORSH()E DRIVE SOUTII FIRST FLOOR NAPI,I.:S, PI. 1414 US ANN REP : FLD: 06/02/1997 CHANGED: CHANGED: ADDR CHG: (1998) B 0: ..... TIllS Document I ma,j NOT c)Vt.'ICIAL RECORD; SEE DOCUMENTS QUESTION OR Ct Coqx~ate lnquiq~ Menu 6A-5 Pa.~c I Florida Division of Corporations Public Access Inquiry by: O Corp. muti,,n 1 Tra.,Icma~ Name O Officrr / Rcgi',,te~ud Agcn! Nan,: O Registered Agent Name OTr~er~ C~er N-,mc O{~l Nul~er 0 ~cumen! Numlx. t 0 Trademark Name Search String: Corporate Inquiry ,Menu: Please .~lecl an inquiry ly'pc from thc list below, then enter a ~:,rch key in the ~arch field. Press SI- Ihe ~arch. 5/22/98 OFFICER/DIRECTOR DETAIL SCREEN CORP NUMBER: P')7000048233 CORP NAME: RONTO GOLF ESTATES, INC. TITLE: DP NAH[.:: SOLOMON, A J {~85 IIORSESHOE DRIVE SOUTH NAPLES, FL 34104 TITI,E: VI' HAME: TAYLOR, MARK S 11185 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 TITLE: ST NA:.iE: WELKS, KAREN E 3185 HORSHOE DRIVE SOUTII NAPLES, FL 34104 TITt. E: VP HA:d}.;: I,ESPERANCE, ANGELA {185 HORSESHOE DRIVE SOUTH NAPLES, FL 34 104 ..... Tills is NOT ~H.'F'ICIAL RECORD; SEE DOCUMENTS IF QUESTION OR C( ~)ocumen t FOREST 8185 HOf NAPL INT£RSTA TE 75 S~AI~ROCK COUNTRY CLUB ARET~ CASA CJTY CATE t! JNT~STA TE 75 PROJECT: Sperling Court PARCEL: 701,801 and 801A FOLIO: 5 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between WILLIAM L. MORRIS and PATRICIA I. MORRIS, husband and wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires an Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for installing and maintaining drainage and utility facilities; and WHEREAS, the Owner desires to convey the Easement to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement over, under, upon, and across 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 are hereby mutually acknowledged it is agreed by and between the parties as follows: ' 1. Owner shall grant Purchaser an Easement over, under, upon, and across the Property in exchange for the sum of SEVEN THOUSAND FIVE HUNDRED ($7,500.00) DOLLARS as full payment for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easement by County Warrant. 3. Bolh Owner and Purchaser agree that closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. However, Owner agrees that closing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and to the Property are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver an easement to Purchaser in a form acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, the execution of such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from lhe Property. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Easement, or any interest in Ihe Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written agreement, including all exhibits altached hereto, sh~,ll constitute the entire agreement and understanding of the parties, and there are r~o other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 6. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents lhat ~he Property and all uses of the Property have been and presently are in compliance wi~h all Federal, State and Lo~l environmental laws~ Ihat no hazardous substances have been generated, stored, treated or Iransferred on the Property except as specifically disclosed 1o the County~ Ihat the Owner has no knowledge of any spill or environmenlal law violation on any properly contiguous to or in Ihs vicinity of ~he Property to be sold ~o Ihs County, Ihat the seller has not received notice and olherwise has no knowledge of a) any spill on the Proper~y, b) any existing or threatened environmenlal lien against ~he Property or c) any lawsuit, proceeding or investigation regarding Ihs generation, slorage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title, 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect lo, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of lhe breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the easements. All other costs associated with this transaction including but not limited !o lransfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. 10. If the Owner holds the Property in Ihe form of a partnership, limited partnership, corporation, trust or any form of representative capacily whatsoever for olhers, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida SIatutes.) 11. This Agreement is governed and construed in accordance with the laws of/he State of Florida. 5 IN WITNESS W. HEREOF, tl~_ parties hereto have_.executed this Easement Agreement on this ,-~ day of Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED:_ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAI~RA B. AS TO OWNER: DATED:_ I ~"~.,.i -~ ~ Ic/ '? '" FIRST WII.I'iEd~I~ jalpa t u r e~lrld a (Print SECOND WITNESS (Sighature) Vlacent Murphy i'Print Name) "J~-"l ,;, . · ~':,:(!,.~, ~ ~,.,,,..'.., FIRST WITNESS (Signalure) /Inda Davis (Prix s CON~E~l~l~s.!?.atu~e (Print Name) J. 6t~ William L. Morris 5 Patrtcia I. Morris Approved as to form and le~su~ien~y:/~ H6iai F~ A s'hto-n Assistant County Attorney 168 5 3301 OFFICE OF CAPITAL PROJECTS TRAIL NAPLES, FLORIDA 34112 EAST TAMIAMI (941) 774-8192 LEGAL DESCRIPTION ('NOT A SURVF~_~ PROJECT NO. ,Ro,~rcr PARCEL NO FAX PARCEL NO._/O I t~/"/'5'~tj[ 0007 'FILE EAST TEN (ID') FEET OF TIlE WEST 2o FEF. T OF TIlE SOUTH 80 FEET OF TIlE NORTH 95 FEET OF A PORTION OF I.OT 69 ¢)F TI Il'; PI.AT 'I'IIEREOF,NAPLES IMPRO~ME~ COMPANY'S LI'ITLE FARMS, AS RECORr)EI) IN PI.AT B~K 2, PAGE 2 OF ~IE P~LIC RECORDS OF COI.I.IER COUNTY, FI.ORIDA AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS; ' BEGINNING AT A POI~ ON Ti IE NOR'FII I.INE OF SAID TRA~ 69,DISTA~ 2 FEET EASTOF TIlE NOR~IWEST CORNER 'FI IEREOF,CONTIN~ EAST ON SAID NOR~I LI~ FOR 140 FEET;TIIENCE DEFLECT RIGI IT S') I)HGREES 53 MIN~S 50 SECONDS. RUN I I0 ?1 FEET SOUTII AI.ONG 'FILE WEST RIGI~OF WAY LINE OF 14TII.STREET NORTII, TIIENCE DEFLECT RIGII'F 90 DEGREES ~ MI~S 10 SECONDS, RUN WESTERLY I I 1.21 FEET.TI IENCE DI[FI.E~ LE~ 26 DEGREES 3 I MINUTES 30 SECONDS.RUN SOUTIIWESTERi. Y 32 18 FEET,~IENCE DE~E~ RIGid, 116 DEGREES 21 MINUTES 30 SECONDS.RUN NORTI IERLY 125.~ FE~TO ~IE ~1~ OF BEGINNING. SAID DESCRIIII~I) TRA~ CONTAINING o O lx ACRE {gO0 SQUARE ~ET), MORE OR LESS. PARCEL 701 PROFESSI~'NAL LAND SURVEYOR ff2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 EXHIBIT "A" PAGE ,Z OF r~ 168 3301 OFf'ICE OF C.:I P/7'/I f, PROJECT'S EAS'r T^Ml^~al 'rR~H. N^PLE$, FI_ORll)^ 34112 (:'941) 77,t-8192 SPERLING COURT STORM DRAIN PROJECT #31302 E 140' 2295' TO tlW CCR LOT 69 SPERLING COURT E 140' 10' CONSTRUCTIOH EASEMENT MORRIS 10' DRAINAGE EASEMENT PROPERTY PARCEL 701 W 111.21' 1) P,O.C. Indicates Point of Commencement 2) P,O,B, Indlcotes Point of Beglnnlng 3) Sec. Indicates Section ~) Twp, Indicates Township 5) Rge. Indicates Range 6) R/W r~dicates Right-of-way 7) All distances are In feet and decimals thereof 9) Not valid unless signed and sealed with the embossed seal of the profeeslonal land surveyor PARCEL THIS IS ONLY A ~.;I(I"TCt-I sc,i[: ] o,m I r,~ £ SP[:RT01 ,DWG SHEET I 701 1OF 1 168 5 330 ! OFFICE OF CAPITAL PROJECTS TRAIL NAPLES, FLORIDA 34112 EAST TAMIAMI(941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO. PROJECT PARCEL NO TAX PARCEL NO._~ I~-//~ ~007 TI IE WI:'ST TEN (I o') FEET OF TI IF. SOI;'I'It SO FEE'F OF TIlE NORTil 95 FEET OF A PORTION OF I.OT 6,) OF TIlE PIoAT TtII:'RIZOF,NAPLi£S IMPROVEMENT COMPANY'S LI'FrLE FARMS. AS RECORI)ED IN PL. AT BOOK 2, PAGE 2 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICUI.AR DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON TIlE NORTII IJNE OF SAID TRACT 69,DISTANT 2155 FEET EASI'OF TIlE NORTIIWEST CORNER TJ I[[REOJ:,CONTII~ EAST ON SAID NORTH I.INE FOR 140 FEET;TllENCE DEFI.ECT RIGI IT 8') DEGREES 51 MINUTES 50 SECONDS, RUN I1(! 71 FEET SOUTI! AI.ONG 'FILE WEST RIGHT OF WAY LINE OF 14TI ISTREE-r NORTI I; Ti IENCE DEFLECT R IGI IT ,)il DEGREES 06 MINUTES I O SECONDS, RUN WESTERLY I 11.21 FI:'ET,TI IENCE DEFLECT I.EFT 26 DEGREES 3 I MINtYTES .lo SECONDS,RUN SOUTI IW[:STI".RI.Y ]2. IN FEET,TIIENCE DEFLECT RIGIIT, 116 DEGREES 21 MINUTES 30 SECONI)$,RUN NOR'FI IERLY 125.¢)6 FEET TO THE POINT OF BEGINNING SAID DI!SCI~IHEI) TRACT CONTAINING o O l8 ACRF. ~00 SQUARE FEET), MORE OR LESS PARCEL ~01 ~J~RGE R. RICHMOND . PROFESSIONAL LAND SURVEYOR ~2408 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TA~IIA~tl TRAIL NAPLES, FLORIDA 341~2 EXHIBI- ",,X" PAGF ~ OF 6 5~ 3301 OF' t IC~ Ot? C.4 PI 7'A I, P.ROJEC7"S EAST TANIIAMt TR,N, II NAPLES, FLORIDA 34112 (9,11) 7'/,1-8192 SK:7. i'Cii Or' DESCRIPTIOH 2155' TO NW COR LOT G9 i LAKE 2) ~) e) 7) 9) SPERLING COURT STORM DRAIN PROJECT #31302 14o' SPERL/NO COURT ;~ 140' - 10' DRAINAOE EASEMENT ~'PARCEL 801 MORRIS PROPERTY w 111.21' P.O.C. Indicates Point of Commencement P.O.B. Indicates Point of Beginning Sec. Indicates Section Twp. Indicates Township Rge. Indicates Range R/W Indicates Right-of-way All distances are In feet and declmale thereof Not valid unless signed and sealed wlth tho embossed seal of the professional land surveyor PARCEL rayed 'rills IS ONLY A SI<I:':TCH ~CAL[I O~ff: ,r~t~ hk%: I,Irs o2-2o-on SPERBO1.DWO J SHEET 801 I OF I 3301 OFFICE OF CAP/TAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 1 6~ ~ (941) 774-8192 A RIPTION NOT A SURVEY PROJECT NO I'ROJECT PARCEL NO. lAX PARCEL NO, ~___~__~ Z~.~' ~ IlL 0007 TIlE SOUTII TEN (llr) FEET OF TI IF. NOR'H I I .~ FEET OF A PORTION OF LOT 69 OF Tile PI.AT TIIEREOF.NAPLE$ IMPROVEMENT ('()MI'AN'f'$ I.rFrLE FARMS. AS RECORDED IN PI.AT BOOK 2, PAGE 2 OF TI IE I'Ulll,l(] RECORI)S OF ('OI,I.IER COUNTY, FLORIDA, AND BEIN(J MORE PARTICUI.AR I)ESCRIIH:.D AS I"OI.I.O~VS, BF. GINNING A'r A I~')INT ON 1'11F. NORTII I.INE OF SAID TRACT 69,DISTANT I;I,~I:T EAS'I'OF TIIF. NORTIIWEST ('()RNIiI[ TI II!RI!OF,('ONTINUE EAS'F ON SAIl) NORTII I.INE I.'O1~, 14u FEET,TI IENCF. I)F.I;I.I~CT R I(;I H' ~') DEGRI'.'F.S 5;1 MINUTES SI.X2ONI)$, RUN I IO ?1 Fl.;ET SOIJTI I Al,ON(; TI I1'.' WEST RIGIIT OF WAY LINE OF 14TII $'rREE'r NORTII, TIIENCE I)F. FI.E('T RIGI IT 9o I)IiGREF.$ IX~ MINUTES 51:'CONI)S, RUN WE'STERLY I I I ~1 FF.i,Tr,'I'I II';N('I~ I)EFI,ECr l. El:r 26 DEGREES MINIITI..'$ 3~1 SI'X'ONI)$,IIUN SOJI'I"I IWI~$'I'I,~RI.Y .1.) I~ FEET,TIIENCE DEFLECT RIGIrr, 116 DEGREES ~1 MINUTES .10 SECONI)~,R[JN NOI{'rlll!RLY 1~5 (~ FEET TO TIlE POINT OF BEGINNING SAIl) I)I'.'SCIHIII:'D TRACr CONTAINING ~J n 12 A('IH'.' (141lo SQUARE FEET), MORE OR I.ESS PARCEL IqJlA PROFESSIONAL LAND SURVEYOR jl2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN'IY GOVERNMENT COMPLEX 3.301 E 'TAMIAMI 1RAIL NAPLES, FLORIDA 34112 168 5 3301 OFFICE Of" CAP/TAL PROJECTS EAST TAMIAMI [RAIl. NAPLES, FLORIDA ,34112 (9,11) 77d-8192 SI<ETCH OF DESCRIPTION SPERLIH(; COl JRT STORM DRAIN PROJECT //31302 2155' TO NW COR LOT 69 ~ k, PARCEL 801 ' i I z i EASEMENT MORRIS at~ i PROPERTY 1) P.O.C. indicates Point of Commencemer~t 2) P.O.B. indicates Point of Degimfing ,3) Sec. indicates Section 4) Twp. indicates Township 5) Rgo. Indicatos Rango 6) R/W indicates Right-of-way 7) All distances ara In loot and docimuls 9) Not valid unless signed and sealed with the embossed seal of th~ professional land surve~r PARCEL 801A THIS IS ONLY A SI<ETCH ro~ SC/V,[: DALE: [It[ 1404 NTS 02-20-98 SPER101.DWC SHEET I OF I PROgECT: Sperling Court PARCEL: l)¢voe DONATION AGRF. EMENT Tills DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered b~;' and between Richard H. Devoe, Trustee of tile Richard H. Devoe Trust, dated May 4, 1988 (hereinafter singularly or collectively referred Io as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County"). WHEREAS, the County requires an Easement over, under, upon and across the lands described as follows, Io wit; See attached Exhibit "A" which is incorporated herein by reference (hereinafter referred to as the "Property") for drainage, utility, and maintenance purposes, and WHEREAS, the Owner desires to convey the Eascment to the County for thc stated purposes, on the terms and conditions set forth herein; and NOW TItEREFORE, in consideration of these premises, the sum ofTen Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as I'ollows: I. Owner shall grant County an Easement over, t,nder, upon, and across the Property in exchange for the following: A. The storm drainage pipe must be reinforced concrete pipe with O-ring rubber gaskets. B. Planting of'trees and bushes will be allowed in the I0 foot drainage easement area provided there are no more than a Iotal of'twenty (20) plants in the easement area, they do not exceed I0 feet in height, and they do not have an aggressive water seeking root system. In addition, nothing in this agreement shall restrict Owner from erecting a fence/visual screen in accordance with applicable zoning ordinances. County reserves the right to remove or relocate a portion or all of the plants if they interfere with the drainage. C. The installation of tile storm drain will be closely inspected by County Staff. In addition, it is agreed that Wi/son, Miller. Barton & Peek,/nc. will represent Owner and inspect said work and County agrees to pay Wilson, Miller, Barton & Peek, Inc. fees for such work. Said fees shall nol exceed Five I'lundred ($500.00) Dollars. D. County will pay for recording of easement document. E. County will pay Owner's attorney's expenses, not to exceed $500.00, upon receipt of invoice from attorney for Owner. ' 2. Both Owner and County agree that time is of tile essence in regard to the closing and that, therefore, said closing shall occur within sixty (60) days o£the execution of the Agreement by County. 3. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, tile execution of,such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Property. Such instruments shall be provided to County on or before the date ofclosing. 4. Conveyance of the Easement, or any interest in the Property, by the Owner is contingent won no other provisions, conditions, or premises other than those so stated above; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. The County shall pay for all costs of recording tile easement. Ail other costs associated w{th 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. 5 7. If the Owner holds the Property in the form of a pannership, limited pannership, corporation, trust or any form of' representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns (If thc corporation is registered with Ihe Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the gene. ral public, it is hereby exempt from thc provisions of Chapter 286, Florida Statutes.) 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the panics hereto have executed this Easement Agreement on this ~ day of_ l~q/~ U-, _, 19..~_~. Dated Project/Acquisition Approved by BCC: AS TO COUNTY: DATED ~ _ ATTEST: DWIGHT E. BROCK, Clerk signature onl;o AS TO O~R: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAI~BARA'I~. 'B E R~V~:hma-~,~~ DATED: WITNESSES: · RST ~ITNESS~ (S'ignature) (Print. Name) ~ .0 -- ~3ECOND WITN~SjSr[Signature~- (Print Name) - "1!/ ?'jUl ;S t:} f'¢~;,I ~. j.q'~' :i'ff;; !~rI, COUNTY OF ~.o~.,..~ ~:~ L:i.,.;.t ~.~..., ~. ........ -;% ' The roregoi.g Donation Agreement. wa~ acknow[ed~s ~ day of ~[,,,,t~.I , 199_~X., by Richard H. Devoe, Truste~lly known to me ~ who has prodt~ced - as identification. ' (Affix notarial seal) Richard H. Devoe, Trustee (Print Name of Notary) Commission # My Commission Expires: 30.00° 80.00' LOT 4, BLO~ 134,56' 168 ""'~L-~.~i~'sou TH - 4 I~£T OF' LOT 4. BLOCK LOT 5, BLOCK 0 L.__ 134.85' 154.90' 10.00' LOT 6g, NAPLES IIdPRO~EIdENT CO. UTILE FARM, PLAT BOOK 2, PAGE 2 THE SOUTH 10 FEET OF THE DESCRIBED PARCEL BELOW: THE SOUTH 4. FEET OF LOT 4, BLOCK C, TRAIL TERRACE AMD ALL OF LOT 5, BLOCK G, TRAIL TERRACE, AS SHOWN IN PLAT BOOK 2, PAGE 94., PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SCALE: SKETCH OF DESCRIPTION THIS IS NOT A SURVEY! RED BY: ' ~CENSE NO. LS 5194. WlLKISON & ASS0ClAT~.S, INC. FLA. BUS. UCENSE NO. LB 5770 ~i~lll~ WILKISON &: A$$OCIATE~ w ~ INC. I ENGINEER~ SCI~N~STS AND SUR~YCRS 3506 EXCH~GE A~. NAPLES, ~A. 34'04 (941) 643--2404 FAX HO. (941) 643-5173 : SPER~ASE DWO $AH PROJ 9554/4g-L-gt 168 8 PROJECT: PARCEL: FOLIO: 74008(Vineyards) Unit1P-3, Unit3 P-3 80683560007,80708177006 80672960006,80708204759 DONATION AGREEMENT FOR CONVEYANCE OF UTILITY EASEMENTS THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between VINEYARDS DEVELOPMENT CORPORATION, a Flodda Corporation, by its undersigned officer, who has been duly authorized by the corporation to execute this Donation Agreement, whose mailing address is 98 Vineyards Boulevard, Nsples FL., 34119 - 4747, joined by THE VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida corporation, by its undersigned officer, who has been duly authorized by the Condominium Membership, in accordance with the Declaration of Condominium, to execute this Donation Agreement, whose mailing address is 100 Vineyards Boulevard, Naples FL., 34119 - 4747, hereinafter collectively re[erred, to as "Owners", 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, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, (hereinafter referred to as the "County"). WHEREAS, the County requires Utility Easements over, under, upon and across the lands described as follows, to wit; See attached Exhibit "A" which is incorporated herein by reference (hereinafter referred to as the "Property") for utility and maintenance purposes, and WHEREAS, the Owner desires to convey Utility Easements to the County on the terms and conditions set forth herein; 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner hereby grants County Utility Easements over, under, upon, and across the Property as shown and described on the attached Exhibit "A". 2. Both Owner and County agree that closing shall be deemed to have occurred upon execution of this Agreement by County. 3. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, the execution of such instruments that will, upon their recording in the Public Records of Collier County, Flodda, clear any and all encumbrances from the Property. Such instruments shall be provided to the County on or before the date of closing. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Flodda. Donation Agreement Page 2 5. Owner represents that the Properly and all uses of the Properly have been and presently are in compliance wilh all Federal, State and Local environmenlal laws; that no hazardous substances have been generated, stored, treated or transferred on the property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Properly to be conveyed to the County, that the seller 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, c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on Ihe Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out ol~ the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. The County shall pay the cost of recording Utility Easements, and the recording costs for any curative instruments associated with recording this transaction. 8. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 9. Conveyance of the Utility Easements, or any interest in the Property by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. Donation Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on this /~?.~... day of >)/.,,, ,19-8' · / Dated Project/Acquisition Approved by BCC: AS TO COUNTY: DATED:. ATTEST: DWIGHT E. BROCK, Clerk Signature 0,11 j~, WITNESSES: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAl~q~A R~ B.'BER~ W~'tness (Signature) Name: '~,.,~ (Pdnt) Witness (Signature) / Name:~l,qH/,ll. l, (',(',/'la V (Print) Vineyards Development Corporation, a Florida Corporation (Print or type) 98 Vineyards Boulevard Naples, FL 34119-4747 STATE OF '"~/~ ,,~., COUNTY OF ~",o / / [ ~ ~,e..~ The foregoing Donation Agre~ent was acknowledged before me this /~ ~day of ~ ~ 1998, by (name) ~ ;~ ~ I .~/~~c ~ as (title) ~ ,'~ ~eyards / Development Co~oration, a Florida corporation, on the behalf of the corporation, who is pemonally known to me or who has produced ~.~- as identification. (affix notarial seal) (Signature of Notary Public) ( ~rint name of Nota~ Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: Donation Agreement Page4 ; WITNESSES: Witness (Signature) Name: .'~'~ .~,_/ (Print) Wii'~es~ -(Signature) Name: (Print) The Vineyards Community Association, Inc., a Florida corporation Title/IkJa-me - ~p. xl~1I- (Print or type~ 100 Vineyards Boulevard Naples, FL 34119-4747 STATE OF 7 /(J re ~'J~ COUNTY OF C o L L I,~ Ke._ The foregoing Donation Agreement,was acknowledged before me this /5'//'Z'day of/~' 1999, by(name). /)?/c/~../ _..-)//,~,,//as (title) "~/~'J' ' "/'~ ~J '~' ~f The / Vineyards Community Association, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced /'~//'/~ as identification, (affix notarial seal) /~nalure of Notary Public) ( Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: David C. Welgel, Esquire -,.. Office of the County Attorney' $301 East Tamlami Trail / Naples, Florida 33962 (813) 774-8400 .... $.W. COR. SEC..5 P,O,C. '-~ 89.49' '"' N 87'36'22' 105' P,O.C - POINT OF COMMENCEMENT P.O.B - POINT OF BEGINNING D.E. - DRAINAGE EASEMENT C.M.E. - COUNTY MAINTENANCE EASEMENT E.E. - ELECTRICAL EASEM£NT (EASEMENTS AS SHOWN ON PLAT OF 'THE VINEYARDS', PLAT BOOK 14, PC. 73.) LINE DIRECTION DISTANCE: L1 N 87'3~'22' E 18.03' .... 1.2 N 05'57'34' w 223.48' L3 N 0~'111'40- W L4 N 87'48'20' r 17.50' L5 N 02'11'40' W 15.00' L6 S 87'48'20' W 17.50' ... L7 N 0211'40' W 282.50' L8 S 01'28'00' W 917.27' Lg S 0557'34' E 172.06" ~ OF A PARCEL IN THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCINC~ AT THE SOUTHWEST CORNER OF SAID SECTION 5, RUN N 87'36'22" E 89.49 FEET ALONG THE SOUTH LINE Or SAID SECTION 5 TO THE POINT OF' BEGINNING: THENCE CONTINUE ALONG SAID SOUTH LINE N 87'36'22" E 15.03 FEET; THENCE N 05'57'34" W 223.48 FEET; THENCE N 02'11'40" W 568.34 FEET; THENCE N 87'48'20" E 17.50 FEET; THENCE N 02'11'40" W 15.00 FEET; THENCE S 87'48'20" W 17.50 FEET; THENCE N 02'11'40" W 282.50 TO A POINT ON A LINE RUNNING 76.00 FEET EAST OF', AND PARALLEL TO, THE WEST LINE OF SAID SECTION 5; THENCE S 01'28'00" W 917.27 FEET ALONG SAID PARALLEL LINE; THENCE S 05'57'34" E 172.06 FEET TO THE BOINT OF BEGINNIN(~. BASIS OF BEARINGS: SOUTH LINE OF SEC. 5 AS BEING N 87'36'22" E 15' SOUTH LINE SEC, 5 El ~,-L1 9557D-N.DWG THIS IS NOT A SURVEY! REV. - CORRECTED DESC. BEARING 10-24-g7 JNW REV. - CORRECTED DESC. DIM. 9-19-97 FILE: SKETCH OF DESCRIPTION FOR COLLIER COUNTY O.C.P.M. PREPARED BY: .. ,,~AMES N. wILKISON, P.S.M. u'FLA. UC. NO. LS4876 WILKISON &: ASSOCIATES INC, I CONSULTING ENGINEERS AND SURVEY'ORS 3506 EXCHANGE AVl:. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 DAT~ I F'B PG I DRAWN BY I PROJ_/DWG_ NO. t N N.W. COR. SEC. s / P.O.C, 87'36'22' E NOR~I LINE OF SEC~ON 8 N scA[z: 1' - Ioo* ~ OF A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: _ los' ~ I . ~2.50' , Ih s 00 7 47 _ 4o. w N 00'17'~7" E 12..50' I THIS IS NOT A SURVEY! SKETCH OF DESCRIPTION FOR COLLIER COUNTY O.C.P.M. COMMENCIN(~ AT THE NORTHWEST CORNER Of SAID SECTION 8 RUN N 87',36'22" E 105.12 FEET ALONG THE NORTH LINE OF SAID SECTION 8; THENCE S 00'17'47" W ,590.26 FEET ALONG A LINE RUNNING 105.00 FEET EAST OF, AND PARALLEL TO, THE WEST LINE OF SAID SECTION 8 AND TO THE POINT OF' BEGINNING; THENCE S 89'42'13" E 12.50 FEET; THENCE S 00'17'47" W 40,00 FEET; THENCE N 89'42'13" W 12.50 FEET; THENCE N 00'17'47' E 40.00 ALONG SAID PARALLEL LINE TO THE POINT 0[ BEGINNING. BASIS OF BEARINGS: NORTH LINE OF SEC. 8 AS BEING N 87'36'22" E KEY:. P.O,C - POINT OF COMMENCEMENT P.O.B - POINT OF BEGINNING C.M.E. - COUNTY MAINTENANCE EASEMENT E.E. - ELEC~ICAL EASEMENT (EASEMENTS AS SHOWN ON PLAT OF 'THE V~NEYARDS', PLAT BOOK ~4, P(~. PREPARED BY: ' ' ,,JAMES N. W1LKISON, P.S M. ,~+~LA. MC. NO. LS4876 WILKISON &<: ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES FLA. 34104 (941) 643-2404 FAX NO, (94i) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 RL[: gS$7D-M.DW~ 9-16-97 - - JNW 9557/4g-L-lO4 8 N.W. COR. SEC. 8 P.O.C. I 87'36'22' E -105.'.12.",--, ,,,~ SCALE: I' - 100' NORTH LINE OF SECTION 8 DESCRIPTION OF a PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: -- [--r P.O.B. 'l //--S 89'42'13" E ii ! / 22.50' '" d 15.00' i 22.50' N 00'17'47" 15.00 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8 RUN N 87'36'22" E 105.12 FEET ALONG THE NORTH LINE OF SAID SECTION 8; THENCE S 00'17'47" W 482.44 FEET ALONG A LINE RUNNING 105.00 FEET EAST OF, AND PARALLEL TO, THE WEST LINE OF SAID SECTION 8 AND TO THE POINT OF BEGINNING; THENCE S 89'42'13" E 22.50 FEET; THENCE S 00' 17'47" W 15.00 FEET; THENCE N 89'42'13" W 22.50 FEET; THENCE N 00'17'47" E 15.00 ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. BASIS OF BEARINGS: NORI~I UNE OF SEC. 8 AS BEING N 87'36'22" E KEY: P.O.C - POINT OF' COMMENCEMENT P.O.B - POINT OF BEGINNING C.M.E. - COUNTY MAINTENANCE EASEMENT E.E. - ELECTRICAL EASEMENT (EASEMENTS AS SHOWN ON PLAT OF "THE ~NEYARDS', PLAT BOOK 14, PG. 73.) THIS IS NOT A SURVEYI SKETCH OF DESCRIPTION FOR COLLIER COUNTY O.C.P.M. RE~ - CORREC~ON TO OESC. & ADOED BA~S OF BEARING 10/24/97 JNW REv. - CORRECTED DESC. BEARING 9-19-97 RLE: 9557D-M.OY~ ..% ,:l;' PREPARED BY: · .:.; ........ JAICES N. WlLKISON,' P.S.M. Ff.'~. UC, NO. LS4875 :. ~~llI~ WILKISON I~l~I, ASSOCIATES ~ ~ INC. I CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGI[ AVE. NAPLES FLA. 34;04 (941) 643-2404 FAX NO. (94i) 643-5~73 FLORIDA BUSINESS MCENSE NO. LB5770 DATE F'B PG DRA~ BY W.O./DWG. NO. 9-16-97 - - JNW 9557/49-L-103 DESCRIPTION OF A PARCEL IN THE NORTHEAST'l/4 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: CQMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, RUN SOUTH B9'54'21' EAST 555,86 FEET ALONG THE NORTH LINE OF SAID SECTION 5 TO 1HE NORDtWEST CORHER OF TRACT "DD". THE VINEYARDS UNIT 3A, AS RECORDED IH PLAT BOOK 17, PAGES 7- scA,.£: I' - 40' 18. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 00'05'39" WEST 10.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT "DD'; THENCE SOUTH 88'16'16" EAST 662.30 FEET ALONG THE SOUTH LINE OF SAID TRACT "DD" TO THE POINT OF BEGINNING: THENCE CONTINUE ALONG SAID SOUTH LIHE SOUTH 88'16'16" EAST 60.00 FEET; THENCE SOUTH 01'4.%'44" WEST 15,00 FEET; THENCE HORTH 88'16'16" WEST 60.00 FEET; THEHCE NORTH O1'43'44" EAST 15.00 FEET TO THE POINT OF BEGHqNING._ CONTAINING 900 SQUARE FEET MORE OR LESS r- .o.cP /NORIH' 1/4. or SECTION 5. ,,g s, RoE. 26 E. / S 89'54°.2,1" E ' NORTH LINE--~ " ~' 555.86 SECTION 5 ~ ,-P.O.B. _VANDERBILT BEACH "' '/%' ..... ~ ~/'%"- -\..m --------/ .... ROAD EXTENSION TRACT AA ' . reACT L- ~? reACT D.E. (LAKE) PREPARED BY: TH.S ,QT. ^ SUR¥ Y ..uc.u.'ho- · . ...;... ~.......... SKETCH OF DESCRIPTION " COLLIER COUNTY, O.C.P.M. ~IATES II--INC. M ENGINEERS, SCIENTISTS, AND SURVEYORS 3506 EXCHANGE AV~. NAPLES FLA. 34104 (941) 643-2404 FAX NO. (g4i) 643-5173 FLA. SURVEYORS AND MAPPERS BUSINESS UC, NO. LB5770 DATE IrB PD DRAWN BY w.o,/pwG. NO. FILE: 9557DES4.OWG 12-10-97 191 52-53 TER 95§7/49-L-106 /,,-- P.O.C. WEST CORNER SECTION 8 O 1/,4, N 89'1g'23" E 119.82' $(~ALF: I' - 100' O ~ f N 88q0'38' E _j 20.00' o P.O.B 20' U TILl T'"~"I EASEMENT / /'"'~ w \\ ~ - . T.O~. · ,g. \ THIS IS NOT A SURVEY I I~.gRIP~LQ,~ OF A PARCEL IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLI.IER COUNTY, FLORIDA, AND, IN TRACT L-l, THE VINEYARDS UNIT ONE, AS RECORDED IN PLAT BOOK 14, PAGES 67-74, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: COMHENCING AT THE WEST 1/4 CORNER OF SAID SECTION 8, RUN SOUTH 00'12'17" WEST ,386.57 FEET ALONG THE WEST LINE OF SAID SECTION 8; THENCE NORTH 89'19'23" EAST 119,82 FEET; THENCE SOUTH 01' 49' 7.2' EAST 4,30,65 FEET ALONG A LINE COMMON TO GALE) IR/,,CT L-1 AND PARCEL 121, A RIGHT- OF-WAY PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 907. PAGES 6,37-643, PUBLIC RECORDS AND AS SHOWN ON THE PLAT OF THE VINEYARDS UNIT ONE TO A POiI,IT OF CURVATURE AND THE POINT OF ~ OF THE HEREIH OESCRIBED PARCEL; THENCE NORTH 88' 10' 38" EAST 20.00 FEET RADIALLY TO A POINT ON A CIRCULAR CURVE', THENCE 510.33 FEET ALONG 'THE ARC OF SAID CIRCULAR CURVE CONCAVE TO THE EASTERLY, RADIUS 2227,79 FEET, CHORD 509.21 FEET, CHORD BEARING SOUTH 08' 2.3' 07" EAST TO A POINT OF TANGENCY, SAID ARC RUNNING PARALLEL AND 20 FEET EASTERLY OF SAID COMMON LINE BETWEEN TRACT L-1 ANO PARCEL 121; THENCE SOUTH 14' 56' 52" EAST 47,..30 FEET ALONG A LINE RUNNING PARALLEL AND 20 FEET EASTERLY OF SAID COMMON LINE; THENCE NORTH 89' 47' 4,3" 'WEST 20.72 FEET ALONG SAID COMMON LINE; THENCE NORTH 14' 56' 52" WEST 41.80 FEET ALONG SAID COMMON LINE TO A POINT OF CURVATURE; THENCE 514.91 FEET ALONG SAID COMMON LINE AND ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EASTERLY, RADIUS 2247.79 FEET, CHORD 51,3.79 FEET, CHORD BE&RING NORTH 08' 25' 07" WEST TO A POINT OF TANGENCY AND THE POINT OF BEGINNING. CONTAINING 11,144 SQUARE FEET MORE OR LESS z~ = 13'07'30' TRACT L-1 R = 2227,79' LAKE A - 510.33' CH = 509.21' CHB - S 08'23'07' E PARCEL 1 21 N 8g'47'43' W 20,72' SKETCH OF DESCRIPTION FOR COLLIER COUNTY, O,C.P.M, · i , . ', ,"',';. i: ..I I ,.,,..,' ,,~ xs 6t.~.:, Pm'PA.~'O "]~?:'~i'F':;:'. ' BY;..? ' ,,"¢b'~ ,. , '. ".. 2 ;, I~;, .~. · ; .~.-: ~: ,.,. k.~ J E ;>- . ';,q. ..' Fh ...~,vo .. -..% ' J~,.,_,,,:~',~':'.,. JA/~:S N. WLK~SON. I~.S.H.'( ' Ir~. ge. NO. LS4675 ,,.. ' ~~1~ WILKISON & ~~1~ ASSOCIATES ~ ~ INC. CONSULTIN(~ ENGINEERS. AND SURVEYORS 3506 EXCHANGE AVE. NAPLES. FLA. ~4104 (941) 643-2404 FAX NO, (941) 643-5173 FLA, SURVEYORS AND MAPPERS BUSINESS LIC. NO. LB5770 1-15-98, RE'ViSED [ DA'r[ '[--"lr~ PROJ./D~. NO. 6 -9 CONTRACT A~,IENDMENT NO. 4 TO: Agnoli, Barber & Bnmdage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Florida 33963 i:R()~I: ('oilier County Government 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 34112 Project Name: Phase II Utilities Improvement, I,',ivicra Colony Subdivision. Agreement Dated: May 16, 1995. Professional Services Agreement No.: 95-2331 Contract Amendment No.: 4 l)ate: May 15, 1998 Description: (Attach justification anti supporting documentation for this change.) Amendment No. 4 is to provide additional Design Pro£essional services rcqt, ired for the sewer work and to adjust the original contract rate schedule in accordance with the contract documents. Full time constrtlction inspection by thc Dcsign t'rofcssional accounts for the majority of this increase ($108,000). Thc remaining costs arc l~)r constrt~ction progress meetings and survey record drawings by the Design Professional. The scope o£work ami fees arc shown in the attached letter from Agnoli. Barber & Bnmdage, Inc. dated April I, 1998. As stated in thc AB&B letter, most ofthese fees ,,,,,ill be billed on a time and materials basis as the services are providc(I. Paragraph 4.3 of'AB&B's Professional Services Agreement dated May 16, 1995 mandates that thc Consultant's compensation be adjusted after a 24 month period to allow for any incremental cost increases. Accordingly, the current date of thc rate schedule shown in Schedule "B"- Attachment B ofthe contract documents has been changed from July 20, 1994 to April 30, 1997 to reflect all rate increases due the Design Professional and will be used calculate any time and material costs for fim~re invoices. Original agreement amount (Contract #95-233 l ) ............................. $122,851.00 Sum ofprcvious amendment amounts (;t l, #2 & #3) ....................... $ 67,484.00 This Amendment #4 Amount [add] ................................................. $ 120,00.00 Revised Agreement Amount ............................................................... $310,335.00 Your acceptance of this contract amcndmcnt shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions tis contained in our Agreement indicated above, as fully as if the same were repeated in Ibis acceptance. !6 -9 Amendment No. 4 Agnoli, Barbcr& Brundagc Page 2 of 2 ACCEl'TED: Agnoli, Barber & Brundage, Inc. Office of Capital Projects ~anagcmcnt ]"~,.l', ;/'-,/..' By:_ Brundage, P.E.i President By: -'5' -:.-----d, .,, ) / / ',;, ,z/f,'..,, w. ,'~/" Date: Richard Hellriegel, P.E., Interim/Director Collier County Wastewater Department By: I ~ ,1.I ,,, , Tim Clcrhons, Wastcwatcr Director Date: i '.~.,! , Collier County Public Works Department Ed Ilschner, Public Works Administrator Approved as to Form And Legal Sufficiency Assistant County Atton~.~__~) Owner, Board of' County Commissioners of (;oilier County, Florida. Ex-Officio Collier Cotln(y Water-Sewer District Date: Attest: Owner. Dwight E. Brock, Collier County Clerk of Courts Attest as to ChMrIaA'$ signature oMI. Date: SI'71'I'I.I:,M}:.N'[' AGR}:.[:.MI:,NT AND MUTUAl. RI:.I.EAS[:. Tills SI:.'I'TI,F. MI:.N'i' A(;IU.iI:.MI.~NT AND MUTUAl, Il. El ,EASE (hereirmftt,r ",,\grecmenl and Mutual l>,('leasc ) is ('r~tct'ed into and made cm this ,.-., day (fl' ,-o,..~, , 19'98 by and between (;UYMANN CONSTRUC'['[()N O[: FI.ORIDA, INC. (t'wreina':fter "Guymann') and TI-IE BOARD OI: COUNTY COMMISSIONERS, EX-OFFICIO, TI 1t:'. GOV[:,RNING BOARD OF T}tE CO[.[.IF, tt. COUNTY WATER-SEWER I)ISTRICI' LOCATED IN COI.I.IEIt COUNTY, a political subdivision of the State of Florida (hereinafter "Collier County"). WITNESSET[ I' WItEI~,I:,AS, ((;uymanr~ and Collier County entered into a contract on or about June 18, 1996, wherel)y (;l. lynl;.ulll would perform all work ("Work") in connc(.'lioll with Pha:;c II Utilities [ml)roven'wnts, Riviera Colony Subdivision, Contract//96-251 7; (hereinafter "Contract") and WI--tER[.~AS, sometime after (iuymann began to prosecute the Work ptu'stmnt to the Contract a dispute arose between Collier County and Guynmnn. As a l't'sull cfi' thai dispu;c Collier County ultimately terminated the Contract for convenience in accm'dance with tint' Contract documenls; and ~ Wt'tERI'/xS, (iuymann has now alleged damages as a result of tmlslartding claims and that terminali(>n; and WHEI1EAS, Collier County denies liability for the claims and damages asserted Guymann; and WHEREAS, Collier County alleged Guymann performed certain Work not in accordance with the Contract and sought damages against (iuymaru'~ for recovery of tint, same; and WHEP, I'~AS, (;uymarm denies liability tk)r thc claims and damages asserted by Collier County; and WHEREAS, the parties desire to settle and compromise arty and all aspects of tt:t' dispute arising between Guymann and Collier Cotmty relating to the Work artd Contract. NOW THEI~,EFOR[/,, irt consideration of tim promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 16 10 1. The p~Fties ~ctopt and affirm tho recitals set forth ;.~bt)ve ~.~s true and correct, and incorporate the same ~s m~terial terms of this Agreement and Mutu;.~l 2.. Collior ¢:otmty agrees Io pay Ire totad of Ninety Nine Thousand, [:our [lundrcd One ~md [~leve~ 19ollavs ($99,,t01.1 I), represcnling tho 1¢~ti~l am~¢>unt due ~:~ (Guymann foF d~tmr~gt'.s, m~tt'ri;~Is and [~ltomcvs feos claimed by (',t~ym~tm in ~cc<~rd~nct, materials is z~tt[~cl~cd ~s l(xhibit A and mnde a p[~t'l of this Agreemet~t. The l'~;~yn~et'tt ¢~l'$99,401.11, st't;dl reprt'sent all ;tmotmts dut, damages, materials and attot'neys fees herotofc)re claimed and will l't,s{)lvt, ~ll legal equitable cl~ims, suits or ~ctions by (;uymillM1 itlld lilly ired all which could l~;tvt' been m~tle b5' (;uymcmn rt'l:~ting l~ the Work ;~nd/t~t' ,1.. l)i~ymeFtt Fr()~l'~ (;oilier c.X~tmty I() (.itL','maFm shall bt' i~cc{~mDlisht,d by ¢~nt' lureD sum pi~yme~qt (~f $99,4()1. l I ul)t>n i~DDl-(~:'id ILv r, it~llit'~' (.X}untv. forth in and liability i~Fising omi t~f {~F t'eli~tiFtg tt~ the Work imcl/or Conlract i~ ilcc{~Fdlmce xvilh tt~t, terms i~n¢t c(>ncliti(>Fts mt~Fc, sDt,cifici~lly st!t l'~Fth l~oFt'inllt'lt,r i~ 'i 8 I~t,l{~x'. Release, Guym~nn, on bt,halF of itsolf, its elocted officials, its ol'l'icoFs, empl(~yeos. employees, ill l()l'lloys. St~cct'SSOl'S, pFedccessoFs, ilgt'Ills, rcpresent~tivt,s, illSt~l'OFs. ~nd assigns ht'l't'l~y rt'mist's, Folt~ilst's, tltlils, Sill isFit's ~llld t})rt'vt'l' its oflicers, emlMOyet,.s, l'ot-meF employees, i~t t t>rnoys, i~gents, Feprt,st, nli~livt,s, predect'ssoFs. successors, insure'rs, suFt, tit~s it~cl i~ssigns l'rt~m imv ired all mi~imer ()t' cause or caust'$ c)f i~c[i())l, st~ils, debts duo, Stl{llS (}1' [l]()Iq('y, [lCC(}tllllS, charges, dam~gt's, ol)lig;~ti()ns, lild>ilities, contrivers, promises, .judgments, executions. claims, complaints, lt, g~ll t)t' oquital>le and xvlloll~c,F known oF tmkt~o~vl~ which (2olliox- County has ilsSt'l'lt'd, hrtd, or ~o~v hi~s ()r miry h~vt, ~gi~inst (;uymltn~, its t~l'ficers, director's, owners, empl(,?os, F{)i'iq~t,1-omDloyees, [ll[Ol'IqC}'$, ilg{'nts, rcpl'eSt'l~li~tivt's, predecessor,.;, successors, insuroFs, suFt'tios and ~ssigns whet}~eF kllt)Wll ()I' tlllkll()ivtl nny wi~y coni~,ct~,d with, t}m(~ ~orN and/or l:.xcc'Dt l't~r ~mv claim to t'tll'{)l'Ct, II'~t, tt'rms of this Agl't,t, mt, m ired Mutultl llelei~st,, CollioF (X~tmty, ot~ 1,ehidt' of itself, its t'lectt, d t)fl'icitds, its t~l'l'ict,t's, omployot,s. fomlor (,mployt.t,s, ii[l()rneys, st~ccessol'S, pl'edt'ct'ssors, llgt'lllS, I'epl'eselll[llives, insurers, sureties and ~ssigns ht, Fobv remises, releases, quits, satisfies ired l'orovor dischi~rgos Guymlmn, its r~fl'icet's, omDIoyees, fOl'lller employees, atlomeys, i~gt~lls, Ft,.Dresentlltives' 2 16glo predecessors, successors, insurers, surclics and assigns from any ired alll maimer of action or actions, Ciluse ()r ciltlsos of itel iOll, StlilS, del)ts due, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contrivers, pn)mises, .iudgmenis, executions, cktims, complaints, legal or ecluitad~le nmi whether kno~vn or unknown ~vhic}~ Collier County has z~ssertc, cl, had, or now has or may hnve i~guinst (;t~ymz~nn, ils officers, directors, owners, empl%'t'es, former employees, altorneys, agents, representatives;, predecessors, success~rs, insurers, surt't icg i~nd ilssigns whelher kn~wn ~n' unknoxvn arising out of, t~r in any wily c~nnecled with, the Work nnd/or Contt'ztct. 9. Both (.;uynlnrm ;md Collier C{~unty agree that nny claims or dnmnges which may have emani~ted l't'om ll'~e Work atld/or tilt' (]~:)nll'ilcl ils Ill' lilt' dnte set forIt: hereinabove art' precludt'd by execution of this Agreement trod Mutual Agreement and acceptunce of t>t~yment of $99,401.11 by Collier County to (;uymunn, in ttccordunce with the terms nmi conclitiot~s more fully set Forth herein. 10. This Agreement ired Mutual l~.elt'ase shldl be construed according to the of' the Stnte of Florida. 11. (;uymann and Collier County agree that this Agreement and Mutual Release constitutes the entire ilgl'OplllOllt between Guymann and Collier (~Otllllv mid Ihill lhere no other agreements, orld or ~vritlcn, between them relnling in nny way t~ utly sub.jeer this A~lreement ~mt Mutuid l~elense. [n this rcgm'd, (;uymnnn ired C~fllier C~mnty a~gree this Agreement i~i~cl Mtnuad Rclcnsc is ~hc product of mutual negotintion auld Ilo doubtful or ambiguous term or provision hereof is to be construed more strictly against the pm'iv that drnfted/physicldly prepared the Agreement i~nd Mutunl [~elease. Guvmlmn nnd Collk'r County tk~rlher agree theft this Agreement and Mulual [lelease supersed~,s i~nd replaces nll pNor ugreemt'nts i~lld tmclc, rstamdings with respect tc~ thc subject lllalltc~I' of this Agreement and Mulunl 12. (;uymm'm ired Collier County agree that the sole venue for ~my ~ction urising out of or reln~ing to this Agreement nmi Mutual Relei~se shall lie ill tilt' Twentieth Judicial Circuit in and for Collier County, Floridll in Naples, Floridn m'~d Iht, prt'vi~iling pm'ty shrill be entitled to rt'c~vcr attorney fees and costs. 13. This Agreenwnt and Mutual Release shall be binding upon the parties, their heirs, adminis~ rioters, representatives, executors, beneficim'ies, emi~lc~yet,s, ak'4t'nts, successors and nssigns and st'mil inure to Ihe benefit of the putties, their hi'il's, administrntors, representntivt,s, ext'cutors, beneficiaries, employees, agents, stlccesst)rs illlcl assigns. 14. All pax'ties herelo understand and agree lhnt Iht, re in't' nc~ orul ur other agreements, arrangt'ments, representations tlr understandings between tht'n~ relevnnt to thc' matter covered and understood by this Agreement and Mutunl [1. ele~tst,. . I I lira ' iii .......... I II IIIII .................. III [1111~ ~ 16g O 15. This Agreement and Mutual Release is intended to cornp,'omise and resolve all differences and claims between the parties relating m any damage allegedly sustained of liability for any claims of thc respective pm'tics. [lowever, if Collier County fails t~> approve this Agreement and Mutual Release. the parties shall bc returned to lhch' respective posilions statu~ quo ante without prejudice as to any pamy's rights, defenses. duties and/or claims. The parties also agree that nothing in this Agreement and Mutual Release shall preclude or limit cilhcr party from cnfln'cing this ducumcnt's terms in thc event of a breach by either party. 16. Should any pmvisicm of this Agreement and Mutual ll. elcasc be declared cr be determined by any Court to be illegal or invalid, the wfliditv of thc remaining paris. terms and provisions shall not be affected thereby and such an illegal or invalid part, te,'m or provision shall bc doth'Lcd not to be a part t~l' this document. 17. This Agreerrwnt and Mutual Release sets forth the entire agreement by anti between thc parties hereto and fully supersedes any and all prior agreements understandings between the parties hereto pc'training to the subjecl mattcr hereof. 18. Collier Cotmtv's consent and approval of the rights and dulies set forth hereinabovc and contemplated as arising l~crcfi'om is an express condition prccedent to thc assent, creation, validity and cxistence of this Agrcement and Mutual [lclcase. 4 16810 IN WITN[:.SS Wt II':RI':O[:, lhe parties, by flwir duly authorized agt, nts have signed and sealed this agreement on the date set forth above. DATED: ~/~.x) ,~i:? ATrEST: DWIGHT E. BROCK, Clerk ... ,~.,?~.. ..,./.. .. , ' ~ Att~ ,-.~ t', .... '~n'~ / Witnt's~ (2) .,,. , Witness Printed/Typed Name BOARD Ot'-' COUNTY COMMISSIONERS OF COI~I,IER COUNTY, FI.ORII)A Date Executed GUYMANN CONS'I'I~,UCI'ION OF FI.()RII)A, INC.. · ,~__ Printedfl'yped Name Date Approved as to form and legal sufficiency: Melissa A. Vasquez ~ Assistnnt County Attorney / (corporate seal) () :\...\(; ti yHh II1 II"v"~gl t'~'2 5 1 6 E) 1 GUYMA N C©P',JSTDUCTIOI OF FLORIDA, INC. L.ANI3 (-]1 Vt ~()I'MI.NT AN[3 t. JNI)t IH.3[]L)UN[) 5686 Youngquist Road Fort Myers, Florida 33912 (941) 481-6545 Fax (941) 481 -9255 April 8, [998 Riviera Ort5lnal Contract (96-2517)~ COST I.XCURRED & ORIGINAL CONTPw\CT ITEblS DUE GUYMANN (REVISED 4/8/98) I. Contract Pay Items Earned: ITEM NO. DESCRIPTION QUANTITY UNIT PRICE COMPLETED BID TOTAL SEWER 2 8" PVC Sewer (6-8) 92 LF 3 8" PVC Sewer (8-10) 200 LF 8 ,XU\NHOL E ($- 10) 1 EA GENERAL Mobilization Maint of Traffic Construction Stakeout II. Other Cost:s Incurred by Guymann: 1. Payment for precast manholes 51.86 65.86 2240.00 SUB TOTAL SEWER 5. 6. 7. $ ~,771.1 13,172.C 2,240.C $20,I83.1 1LS I0000.00 10,000.0( 0.09 LS 20000.00 1,800.0( 0.23 LS 22000.00 5,060.0( SUB TOTAL GENE~\I. TOTAL CONTRACT ITDIS & castings furnished by PRECON/Guymann and not paid by Sovereign per agreement. (See attached statement from Precon) Restocking & freight charges paid by Guymann to Ferguson to return pipe & fittings, etc. (See attached invoices) Loading & hauling charges for above (Flatbed truck 14 hrs.@ 30.O0/hr. ~ 420.00) (Fork loader 10 hrs. @ 50.00/hr. = 500.00) Videotaping by FL Contractors Video (See attached Invoice) Crushed stone & trucking (left on mite) (See attached Inv.) Attorney's Fees. ( See attached invoices) Idle Equipment Cost (from date of shutdow~ to Contract termination @ 37% of cost.)(See attached breakdow"n) Flex stakes left in place (See attached invoices.) TOTAL OTHER COSTS TOTAL DUE 16,~00.0( $37,0:3.1: 34,S60.70 920.00 1,200.00 1,650.00 7,248.85 IO,O00.OC 954.0C 62,357.9E 99,401.1] IV)ARI) ()F C()~INTY ('()MMISSI¢)NEI~IS M1 SCI !1 .I.ANI!()t IS C( )R RI~SI~ONI)I:.NCI7 .IUNI! n 1998 16U 1 FOR B()ARI) ,\CI'I()N' 1. MI.~('I!I.I.ANI.~()tiS I'I'I.'.MS '1'() I:II.I'; I:()R RI!(,()RD WITII AC'I'I()N AS [)IRE(7'FF.I): Clerk t>l' ('~)t~rts: .Nuhmiltcd For public record, pursuant lo Florida Y, latutes. Chapter 130.06(1 ), thc disbursements for thc Board of County Commissioners for the period February 2.t - February 27. 1998; March 2 - March 6, 199fl; March 9 - March 1.3,199:8: March 16 - March 2(}. 1998; March 23 - March 27, 1998; March 30- April 3, 199fl: April 6 - April 10. 199bk April 13 - April 17, 19t,~R: April 20- April 24. 1998: April 27- May I. 199R: May4 - May 8, 1998: May 11 - May Iff. 1998. 3. Districls: Pelican Marsh Community l)¢vclopment District - Fiscal Year 1997 Annual Financial P, eporl ol'tlnits ol'l,ocal (;ovcrnment. I Icrimge (;rcens C'mnrnurfity Development District - Fiscal Year 1997 Annual Financial Report of Units of l,ocal (hwcrnment, minutes ol'January 7, 1998 meeting and minutes of l,andowners November 4, 1997 meeting. I'.'vst Naples I"ire Control and Rescue District - 1997 Annual Financial Report and Public Facilities Report. [). (;olden Gate Fire Control & Rescue District - 1996-97 Annt,al l.ocal Govcrnn~cn! Financial Report & Special l)istrict Report - March 27, 1998. Kc',' Marco Community Development District - Local Government/\nnuai Financial Report & C, eneral Purpose Financial Statement - September 30, 1997. I,'. l"iddtcr's Crock Community l)cvelopment District - Local Gt)vcrnmcnt Annual l:in:mcial Report. General Purpose Financial Statement - September 30. 1997 & Minutes o1' February, 1998 meeting. (L I'ort of die Islands Community Improvement District - February 19 & March 19. 1998 minutes. II. Naples I lcritage Conlmunity I)evclopment District - minutes of Board ot' Supervisors meeting ofJammry 26, 1998: General Purpose Financial Statements - ,";cptcmber 30, 1997 axld Local (iovcrnment Annual Financial R. cport. AGENDA I_T Eli .o. JUN - 2 1998 MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager 1~t:,; Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence. BCC Agenda DATE: RE: Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pelican Marsh Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Local Government Annual Financial Report Thank You. :Tspectal~special Marsh ! Community Development District 10300 N.W. I1 th Manor*Coral Sprmg~,0 Florida 33071 *Phone: (954) 751-01gO*Fax' (954) 345-1,9a 1 April 24, 1998 General Accounting Manager 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Attention: Subject: Mr. Derek Johnssen General Accounting Manager Pelican Marsh Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. Local Government Annual Financial Report. 2, There is no Management Letter, or Management Letter Comments. Our office has not received the General Purpose Financial Statements for the year ended September 30, 1997. As soon as we are in receipt of same, we will forward them to you. If you have any questions or require any additional information, please contact me. Yours sincerely, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW/Ids Enclosures RECEIVED Z ir' 16G 1 '11 IIIII I ........ I I II ii I ....... ~, FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 PELICAN MARSH REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 16G 1030 REPORTING FUND GROUP: GENERAL FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 363,100 366.000 369.000 383.000 Interest Earnings Special Assessments Contributions and Donations from Private Sources Other Miscellaneous Revenues Proceeds from Capital Lease Whole Dollars Only Amount S10.431 1,282.427 200.019 6,914 80.538 $1,580.329 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 PELICAN MARSH REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP' GENERALFUND 1030 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 511 10 512 10 513 30 514 30 517 60 517 71 517 72 519 30 529 30 539 10 539 30 541 30 Supervisors Fees Management Fees Financial and Administrative Legal Fees Capital Outlay Debt Service Payments-Principal Debt Service Payments-Interest Other General Governmental Services Other Public Safety-Operatin9 Expenses Other Physical Environment-Personnel Services Other Physical Environment-Operatin9 Expenses Road and Street Facilities-Operatin9 Expenses Whole Dollars Only Amount 58.200 36.000 12.450 12.921 93.845 14,753 2.797 35,230 227.609 338.902 284.896 133.777 $1.201,380 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page ff additional lines are needed FORM DBF-AA-403 Rev. 10/9/97) III REPORTING ENTITY: HI FUND GROUP REVENUES AND EXPENDITURES/EXPENSES '1996-97 PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 16fi 1' 1030 REPORTING FUND GROUP: DEBT SERVICE FUNDS REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 Interest Earnings 363.100 .Special Assessments 384.000 Debt Proceeds Whole Dollars Only Amounl $212.374 1.250,132 10.044,110 $11,506,616 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 PELICAN MARSH REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICEFUNDS EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 517 71 517 72 581 70 Description Debt Service Payment - Principal Debt Service Payment - Interest Interfund Transfer 1030 Whole Dollars Only Amount S6.665.450 1,259.974 13.387 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA,-403 Rev. 10/9/97) 27.938.811 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES ]. 1996-97 PELICAN MARSH REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS 6G 1 1030 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No, Description 361.000 Interest Earnincjs 381,000 Interfund Transfer 384.000 Debt Proceeds Whole Dollars Only Amount $47,722 13.387 16,306,150 S16,367,259 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 PELICAN MARSH REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS 16G 1 1030 EXPENDITURES' AND OTHER DEBITS (511 THROUGH 769) Account No. Object 538 60 .Description Cost of Development Whole Dollars Only Amount S6.939,654 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) $6.939.654 16G 1 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # ~ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritaqe Greens Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Hedtage Community Development District has submitted the following: (a) Local Government Annual Financial Report (b) Minutes of Meeting Held January 7, 1998 (c) Minutes of Landowners meeting held November4, 1997 Thank You. ;~specia r~special Heritage ( reen$ ,,eommunit~t Development District 16G April 29, 1998 General Accounting Manager 2671 Airport Road, Court Plaza P.O. Box 413016 Naples, Florida 34112-3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Heritage Greens Community Development Dlstrict Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find the following: 1. Local Government Annual Financial Report. 2. There is no Management Letter, or Management Letter Comments. Our office has not received the General Purpose Financial Statements for the year ended September 30, 1997. As soon as we are in receipt of same, we will forward them to you. It' you have any questions or require any additional information, please contact me. Yours sincerely, HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW/Ids Enclosures FII IANCE RECEIVED 10300 NW 11 Ih Man~..Coral Springs, Florida 33071..Telephone (954) 753.5841..Fax (9'_.,4) 345-1:292 REPORTING ENTITY: REPORTING FUND GROUP: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1 ~) ~ '1996-97 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 1016 GENERAL FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 366.000 369.000 Contributions and Donations from Private Sources Other Miscellaneous Revenues Whole Dollars Only Amount $81,77~ 1,355 $83.134 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) REPORTING FUND GROUP: EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 512 30 513 30 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 HERITAGE GREENS REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 30 30 GENERAL FUND Description Supervisors Fees Management Fees Financial and Administrative Legal Fees Other General Governmental Services 16G 1 ~016 Whole Dollars Only Amount $15,000 36.333 5,000 8,684 16,757 $81,774 , Duplicate this page if additional lines are needed. FORM DBF-AA-403 10/9/97) FUND GROUP '~ 6 [J REVENUES AND EXPENDITURES/EXPENSES 1996-97 HERITAGE GREENS REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 1016 REPORTING FUND GROUP: DEBT SERVICE FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 Interest Income 384.000 Debt Proceeds Whole Dollars Only Amount $54,538 1,247,625 $1,302,163 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-~03 (Rev, 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 HERITAGE GREENS REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUND 1016 EXPENDITURES AND OTHER DEB/TS (511 THROUGH 769) Account No. Object Description 517 72 Interest Expense 581 70 I nterfund Transfer Whole Dollars Only Amount $165,000 26.505 $191,505 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed, FORM DBF-AA-403 Rev. 10/9/97) 2 REVENUES AND EXPENDITURES/EXPENSES 1 6 (~ ~ ]l~? REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: 1016 REVENUES AND OTHER CREDITS 1~;(311.O00THROUGH390. O00) ?~ii' i Whole Dollars Only Account No, Description Amount 361.000 Interest Income .598,552 ~ Interfund Transfer 26,505 ~ Debt Proceeds 4,752,375 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed, (continued) FORM DBF-AA-403 (Rev. 10/9/97) $4,877,432 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 HERITAGE GREENS REPORTING ENTITY: COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECT FUND EXPENDITURES AND OTHER DEBITS (511 THROUGH 789) Account No. Object 538 65 538 73 Description .Capital Outlay Other Debt Service Costs 1016 Whole Dollars Only Amount 53.249,424 150,000 23,399.424 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) L. Moger, P.A. Land Dcvelopmenl t~ Management Consultant 16G 1 May 1, 1998 Memorandum To: ," Reference: I0300 Northwest Elm'enth Manor Coral Springs, Florida 33071 (954) 753-0380 Clerk of the Circuit Court Finance Department do Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Benton, P.A. P.O. Box 7907 Naples, Florida 33941 Minutes of Meeting held January 7, 1998 and of the Landowners Meeting held November 4, 1997 From: Gary L. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.D.D.) as referenced above. GLM/nk Eno. NHNU'rES OF LANDOWNERS MEE'IU~G HERITAGE GREENS COMMUNITY DEVELOPtVIENT DISTRICT The Landowners Meeting of the Heritage Greens Community Development District was held Tuesday, November 4, 1997 at 10:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present were: James P. Ward James Reinders Mark Taylor Peter Comeau 1 FIRST ORDER OF BUSINESS Call to Order Mr. Ward called the landowners meeting Community Development District to order at 10:00 a.m. of the Heritage Greens SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Ward stated I have received proxies £rom Heritage Greens Golf Enterprises, (A Florida General Partnership) by KGE Inc., Managing General Partner, by Ben Klass, President, entitling James M. Reinders to vote 141 votes at this landowners meeting. I have received a second proxy from US Homes Corporation, entitled Peter Comeau to vote 4 votes in this landowners meeting, and I have received a proxy from Heritage Greens Development Ltd. Partnership, entitling Mark S. Taylor to vote 463 votes. .. THIRD ORDER OF BUSINESS Election of a Ch,M,:man for the Purpose of Conducting the Landowners Meeting Mr. Ward stated generally on the Agenda there is a item for the election of a Chairman of the Landowners to continue on with this meeting, with the concurrence of the landowners present, either in person or in proxy, I would be glad to continue on in that role or you may elect one of yourselves to act as your Chairman. Mr. Reinders stated we are happy to continue with Mr. Ward. Mr. Ward asked are there any other landowners present at this meeting, in person, who intend on voting at this landowners meeting, at this meeting today'! 16& November 4, 1997 Hearing none, FOURTH ORDER OF BUSI]qESS Nominations for the Position of Supervisor Mr. Ward stated there are three Supervisors whose terms have expired on the Heritage Greens Community Development District, and it would be appropriate for the landowners who are present or who are present by proxy today to discuss and then to nominate three (3) individuals to serve in the position of Supervisor of the Heritage Greens Community Development District. Mr. Taylor stated I would like to nominate three (3) people known to us at Heritage Greens Ltd. Partnership. One is Karen Welks, another would be Peter Comeau, and the third James Newell. Mr. Ward asked are there any other nominations from the floor? Mr. Comeau asked who do we have still sitting at this point? Mr. Ward responded Mr. Reinders and Mr. Taylor who serve until 1999. Mr. Ward asked are there any other nominations from the floor? Hearing none, the nominations will stand closed. FIFTH ORDER OF BUSINESS Casting of Ballots Mr. Ward stated I am going to pass out to the three (3) landowners who provided to me proxies, an official ballot for you to fill out. Please take a moment, fill in the names of the three (3) candidates, and the number of votes that you will cast for each of them. So you understand how the election will work, the two (2) Supervisors receiving the highest number of votes will serve a four (4) year term on the Board, and the third Supervisor receiving the lesser number' bf votes will serve the two (2) year term. Mr. Taylor asked do you divide up the 463 votes? Mr. Ward responded whatever the number of votes for each nomination. You have up to 4 votes for each candidate. You may vote up to all four for each candidate or a lesser number, at your discretion. SIXTH ORDER OF BUSINESS Ballot Tabulation Mr. Ward stated I received the official ballots from the three (3) landowners, and have taken the opportunity to tabulate. The first position, Karen 2 Welts received 608 votes, Mr. Newell received 608 votes and Mr. Comeau received 545 votes. Mr. Comeau stated that cannot be right. Mr. Ward stated correction, Mr. Comeau received 608 votes and Mr. Newel! received 545 votes. The tabulations will be made official at the next regularly scheduled meeting of the Board of Supervisor, who will canvass the results of the election and adopt a Resolution certifying the ballots that have been sent today. If' there are any errors in what I had indicated on the record, they will corrected at the regular meeting of the Board of Supervisors. Mr. Reinders asked will we have Ms. Welks and Mr. Comeau serving four (4) year terms and Mr. Newell serving two (2) years? Mr. Ward responded yes. SEVF_aNTH ORDER OF BUSINESS L,xndowners Questions or Comments Mr. Ward stated this is an opportunity for the members of the public who choose to attend today's meeting to ask any questions of the staff of the Heritage Greens District. There not being any, the meeting Adjourned at 10:10 a.m. 3 November 4, 1997 Tuesday 10:00 A.M. AGENDA LANDOWNERS ~ETING ttERITAGE GRRENS COM2ffUNITY DEVELOP1WE~NT DISTRICT 277 N. Collier Boulevard Marco Island, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Nominations for the Position of Supervisor (3) 4. Casting of Ballots Ballot Tabulation 6. Landowners Questions or Comments 7. Adjournment 1 Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News HERITAGE GREENS COMMUNITY DEVELOPMENT 0ISTRICT - J. WARD 10300 N~ 11TH HANOR CORAL SPRINGS FL 33071 REFERENCE: 027769 57579746 NOTICE OF LANOOgNERS State of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves ss Assistant Secretary of the Naples Daily News, a daily newspaper pumtishe~ at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Neus is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or cap. ration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/13 10/20 AD SPACE: 96.000 INCH 0120 NO T)Ctm3')F LANDOWNERS MEETING HERITAGE GREENS CO N~A UNITY DEVELOPMENT OISTRI~ ~ce I$ h~y given H~e ~e~s ~mmu. f~ I~ consl~ of proxlm~ely 252 acres ~eneraliy des~lbed ~lng I~ed In ~ly 2 miles ~ at In- ~m Highly · e ~ side of ~u~ Road 846 (]mmoka~ee ~ by ~ R~ 846. Imm~olee · e w~ by f~e~ un- o~ will P~e of ete~ng su~J$~ Novem~r Time: 10:~ A~ Place: 277 N. ~lller ~ulev~d oxy. ~oxy ~ln~ u~n r~uest ~ ~e offices of ~e Dis- Florida '33071, (954) me~ng ~h a~e of J~ ~ by Sworn to and Subscribed before me this Personally known by me ~, .'.i. FILED ON: 10/20/97 os one acre. Irnmecllatel¥ followlnQ. ................................................ :?; .......... .. '"' r~u~ m~ of Signature at Affiant ~.~ 6' ~ day of " .' 19 lng c~ln ~lz~ ~sof~e ~d~l~ ., ~ clu~ el~ of c~ln ~ly C~e ~f~e the ~ The ~ Is ~n ~ ~e ~llc a~ will once wl?h the Provisions at Florida Low toe- Co~n- rnuntty Oeve~oorne~t Dis- Each !~-rson who decid- es to ~1 any o¢flon taken crt these meetings Is odvlse~l thor Perso~ will neecl a record of the I~O- ceedlngs ond th~ accord- Ingl¥, the person may need to ensure th~ o ve~. ballm record of the pro- ceedlngs Is mode, Including the testimony and evidence upon which such appeal Is fo he basecL G~'y L. Mayer /V~anoger Ocl~er 13, 29 No, 1083182 16G 1 Shirley Calhoun ,Ronto Donn, Holiday,Gary Moyer [;~ 9547966662 ~ 9547966625 11/3/97 9:42 AM LANDOWNER PROX~ LANDOWNERS ~G - NOVEMBER 4, 1997 HERITAGE GRI~NS COMMUNITY DEVELOPMENT DISTRICT KaNOW ALL MB' BY THESE PRESENTS, that the undersigned constitutes and appoints: Mark S. Taylor ~ 2of3 hereby' And each of them, attorneys and agents, with power of substltut'i0n in each of them for and in behalf of the undersigned, to vote as proxy at the meetin~ of the Landowners of the Heritage Greens Community Development District to be held at 277 N. Collier Boulevard, Marco Island, Florida, Tuesday, November 4, 1997, at 10:00 A.M., followed by the regular bus[ness meetin~ of the Board of Supervisors; said meetln~ published in a newspaper in Collier County; and at any adjournments thereof, accordin~ to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would b~ entitled to vote if then personal],y present, upon any question, proposition, or resolution or any other matter or thln~ which may come before said meeting including, but not limited to, the election of members of the Board of Superv~o~'~ and may vote in accordance with thetr d/scretion on all matters not known or detennined at the time of solicitation of this proxy, which may leg'ally come before the meeting. Any proxy heretofore given b.y the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until thru'conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Heritage Greens Community Development District. Number of unplatted acres owned and entitled to vote: 0 463 Number of plated lots owned and entitled to vote: "Exhibit A" HERITAGE GREENS November 4, 1997 Heritage Greens Development Ltd, Partnership has ownership rights to the following lots at Heritage Greens as recorded in the Plat Book 28, pg. 78 - 94. Block A Lots 1 through 124 124 Lots Block B Lots 5 through 163 159 Lots Block C Lots I through 54 54 Lots Block D Lots I through 42 42 Lots Block E Lots ! through 42 42 Lots Block F Lots I through 42 ,:42 LQt.~ Total Lots 463 Lots Pete Comeau,U. S. Home [J~nna Holiday,Gary Meyer 954796666;] ~ ]O,'Z4,97 4:]6 PM =~ 2of2 LANDOWNER PROXY LANDOWNERS MEETING - NOVEMBER 4, 1997 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT K.\'OW ALL MEN BY THESE PRESENTS, that the undersigned hereb!.' constitutes and a~o[n~s: And each of them, attorneys and agents, with power of substitution in each of them for and in behal[ of the undersigned, to vote as proxs' at the meeting cf the Lando~mers of the Heritage Greens Community Development Disn'ict to be held at 277 R'. Collier Boulevm'd, Marco Island, Florida, Tuesday, R'ovember ,l, 1997, at 10:00 A,M., follovmd by the regu[m' business meeting of the Board of Supervisors: said meeting p~blished in a newspaper in Collier Count:,': and a~ an:.' adjournments thereof, according to the number of acres of unplatted land and/or platted lots m~med by the ~ndersigned landmmer which the undersigned would b~ entitled to vote if then personally present, upon any question, proposition, or resolution or an5' other matter or thing which may come before said meeting including, b~t not limited to. the election of members of the Board of Supervisors and may vote in accordance ~J. th their discretion on all matters not known or detenTfined at the time of solicitation of this proxss which may legally come before. the meeting. Any proxs' heretofore liven by the undersigned for said meeting is hereby revoked, This proxy is to continue in force from the date hereof until the conclttsion of the annual meeting and any' adjournment or adjournments thereof, b~ ma5' be revoked at any time bk' notice thereof, in '~witing, filed wi~h the Secretmy of the Her'~f~Gre~ns Conu:numity Development District. Votes Entitled To: Number of unp[atted acres owned and entitled to kote: Number of plated lots mira. ed and entitled :o ',ate: LAND 0WNF_R~ PROXY LANDOWNERS M~.~rlNG. NOVENIBER 4, 1997 ttF. RITAGE Gi~ RF. NS CO}h-MITNITY DEVEI,OPMENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: ,T~mR~ M. Rmindor~ And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Heritage Greens Community Development District to be held at 277 N. Collier Boulevard, Marco Island, Florida, Tuesday, November 4, 1997, at 10:00 A.M., followed by the regular business meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the n,,mber of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervi'~;ors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to cnntinue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Heritage Greens Community Development District. Heritage Greens Golf Enterprises (A Florida General Partnership) By: KG.~ Inc. ~,.Managing General Partner Votes Entitled To: Number of unplatted acres owned and entitled to vote: 141 Number of plated lots owned and entitled to vote: 16G I OffICIAL BAT,LO? ttERITAGE GBEENS COM]ViUNITY DEV~LOPME~ DISTRICT COLI,IER COUNTY, FLORmA LANDOWNERS MEETING NOVEMBER 4, 1997 The undersigned certifies that he is the owner of land in the Heritage Greens Community Development District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elect, ed for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Name: Address: N,,mber of Votes OFFICIAL BAr ,LOT ttERITAGE GREENS COM~ILrNTI~ DEV'EI,OP1VIENT DISTRICT COLr,rRR COLrNTY, FLORrr)A LANDOWNFA:~ 1WEETI~G NOVEM]3ER 4, 1997 The undersigned certifies that he is the owner of land in the Heritage Greens Community Development District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nmme of Candidate N-tuber of Votes . iq e L4 z l l /'//. OFFICIAL BAT.T,OT FF~RiTAGE GRE~,NS C05~VKJNITY DEV~T,OP1KENT DISTRICT COT.T,r~,R COUNTY, FLORmA LANDOWNERS ~ETING NOVF2V[BER 4, 1997 16G 1 The undersigned certifies that he is the owner of land in the Heritage Greens Community Development District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nnme of Candidate Name: Address: Number of Votes 1VHNIYrES OF IVIEETING TItE HE--AGE GRF~F. NS CO~TY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Grecns Community Development District was held Wednesday, January 7, 1998 at 11:30 A.M. at 3185 Horseshoe ])rive South, Naples, Florida. Present and constituting a quorum were: James Reinders Mark Taylor Karen Welks James Newell Chairman Supervisor Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Jack McKenna Alice Carlson District Staff (By Telephone) Attorney (By Telephone) Engineer District Staff(By Telephone) FIHSI' ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 11:40 A.M. and stated the record will reflect that Mr. Reinders, Mr. Taylor, Mr. Newell and Ms. Welks are present and Mr. Comeau is absent at roll call. Mr. Reinders stated for the record, I did post a notice on the door at 277 N. Collier advising of the change of meeting place to this location and I did tha~ on Monday. SECOND ORDER OF BUSINESS A. B. C. Organizational Matters Oath of Office Election of Officers Consideration of Resolution 98-1 Canvassing and Certifying the Results of the Landowners Election Mr. Ward stated under item two on your agenda we have Organizational Matters related to the election of Messrs. Comeau, Newell and Ms. Welks to the Board of Supervisors from the Landowners Election. What we normally do at this point is administer the oaths of office. Those ~vere done today by Mr. Anderson at January 7, 1998 1 his office for Karen Welks, Pete Comeau and Mr. Newell. I have them in possession and they will be made a part of the record. Those individuals have been sworn in. Mr. Anderson stated as has Mr. Tayh)r. He indicated that he had not previously been sworn so the oath was adnfinistered to him today. Mr. Ward stated generally what we do is reelect the officers o[' the Dist,-ict after each Landowners Election. I will tell you who the officers currently are and you wil! have the opportunity to elect whomever you want to these positions. Reindecs is currently sitting as the Chairman, Gary Meyer is the Secretary and Treasurer and I am an Assistant Sec,'etary and Assistant Treasure,'. For purposes of election, you would need to elect a Board member as Chairman and Vice Chairman. The balance of the Boa,'d ~vho do not serve as Chairman or Vice Chairman should be elected as Assistant Secretaries of the Board. You can do it in one motion or individual motions for each of those positions and I will open it up at this point to discuss it. I would elect your Chairman first and if you make a motion, since I am by telephone, please state for the record who is making the motion and who is seconding the motion. On MOTION by Mr. Taylor seconded by Ms. Welks ~vith ] all in favor James Reinders was elected as Chairman the Board. ]]0 MOq. ION by Ms. Welks seconded by Mr. Newell w~th] []all in favor Mark Taylor was elected as Vice Chairman]] llof theBoard. Il liOnMOTION by Mr. Reinders s, econded by Mr. Newelll] Ilwith all in favor Gary Moyer ,~as elected as Secretary[[ [[and Treasurer of the Board. [[ [On MOTION by Mr. Reinders seconded by Mr. Newell]l with all in favor James P. Ward was elected as Assistant[] Secretary and Assistant T,'easurer of the Board. [] llO~ MOTION by Mr. Reinders seconded by Mr. Newell][ with all in favor Karen Welks, Peter Comeau and James[[ Newell were elected as Assistant Secretaries and[ Assistant Treasurers of the Board. January 7, 1998 I~i? ~ January7,1998 · Mr. Ward stated item 2(C) on the agenda is consideration of Resolution 98-1 Canvassing and Certifying the Results of the Landowners Election. Essentially what this does is indicate that Karen Welks and Peter Comeau received 608 votes at the Landowners Election and Mr. Newell received 545 votes. In accordance with the statute, Karen Welks and Peter Comeau will serve four-year terms and Mr. Newell will serve a two-year term. A motion to adopt Resolution 98-1 would be in order. On MOTION by Mr. Reinders seconded by Mr. Newell[[ with all in favor Resolution 98-1 Can,v,a, ssing and[I Certifying the Results of the Landowners Election wasll adopted. Il THIRD ORDER OF BUSINE~ Approval of fl~e Minutes of the October 23, 1997 Meeting Mr. Ward stated you have all been previously distributed copies of the minutes. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. On MOTION by Mr. Reinders seconded by Mr. Taylor][ with all in favor the Minutes of the October 23, 199711 Meeting were approved. FOURTH ORDER OF BUSINESS Consideration of Resolution 98-2 Adopting Inveslaxtent Policy Mr. Ward stated item four on your agenda is Resolution 98-2 relative to the adoption of an Investment Policy. Briefly, for the Board's informati({fi, State Law was changed a couple of years ago which essentially required the District to adopt an Investment Policy. This was a direct result of the investment of derivatives by Orange County, California. The Statute was essentially changed to allow yau to adopt an Investment Policy or, in lieu of a written Investment Policy, to elect to proceed under sub-section 15 of Chapter 218.415. This particular Statute is applicable to your General Fund surplus investments and at this time obviously this Distx'ict does not have any of those. It allows you to utilize things such as certificates of deposit, U.S. Treasury notes, bills and obligations and certain investment vehicles of the federal government. It is in order and would be recommended for your consideration. 3 January 7, 1998 On MOTION by Mr. Reinders seconded by Mr. Newellg with all in favor Resolution 98-2 Adopting an Investmentl Policy was adopted. FIFTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Anderson asked do you have a copy of the Construction and Maintenance Agreement for Subdivision Improvements? Mr. Reinders asked with the letter dated December 31, 19977 Mr. Anderson replied yes. Are there any comments? Mr. Reinders replied paragraph 8, page 8, Miscellaneous provisions regarding notices under the second item, To the Developer, we need to have that addressed to A. Jack Solomon, Ronto Developments Naples, Inc. at 3185 South Horseshoe Drive, Naples, Florida 34104. In like vein on the next page the execution page under Developer please set for execution by A. Jack Solomon, President, Heritage Greens Development Limited Partnership by Ronto Developments Naples, Inc. Strike my name and insert A. Jack Solomon. On MOTION by Mr. Reinders" s~conded by Ms'.'" Welksl with all in favor the Construction and Maintenancel] Agreement was approved as modified... __~ Mr. Reinders stated please get me a clean execution copy, I will get signatures by the Developer and I will sign on behalf of the District. Is our bond ready? Mr. Ward replied yes. Mr. Reinders asked what was the fee on the bond, do you know yet? Mr. Ward replied I do not know. Mr. Reinders asked was it estimated at a couple points? Mr. Ward replied I do not remember but two points comes to mind. Mr. Reinders stated I remember being impressed with the reasonableness. If you will send the Agreement to Ronto's offices on South Horseshoe, I will go there and sign, have the Developer sign and we will forward it to Mr. Moyer for his signature. Is there anything else Mr. Anderson? Mr. Anderson I have nothing additional. Mr. Reinders asked do you have a question Mr. Newell? 4 January 7, 1998 Mr. Newell replied on the meeting place, can we change that to 3185 South Horseshoe Drive, Naples Florida to reflect the correct address'? Mr. Reinders stated we talked about the change earlier. If it is appropriate, let me bring up a couple of things. Number one, we have a proposed Change Order No. 17 which we think is probably the final Change Order. It is in the amount of $55,758.00 bringing our contract price to $2,481,172.06. I have looked at it previously, Mt'. McKenna has looked at it and Mr. Taylor has said it is a cleanup of a lot of miscellaneous items. If you have any questions,*Ir. Taylor ,,rill be happy to address them. Are there any comments? Hearing none, On MOTION by Mr. Reinders seconded by Mr. Taylor}[ with all in favor Change Order No. 17 in the amount $55,758.00 was approved. Mr. Reinders stated for everyone's information, we have a current draw which contemplated the approval of this final Change Order which draw has a current payment of $113,031.09 and indicates a balance to finish plus retention, with all change orders in, of $70,088.52. We believe at this point with good cause that we are looking at cost to complete of $183,~20.00. The next subject for discussion is that we entered int,o at Second Acquisition Agreement with the Developer some time ago for various work related to entries, walls, landscaping, berming, irrigation and so forth which Acquisition Agreement, in addition to specifying the scope of the work, placed a cap of $,t00,000.00 on the amount, to be reimbursed to the Developer. My understanding, based on their information is that the actual anticipated cost of all of that work will be $418,597.00. In addition, there is some further work that sho~fld be done for the benefit of the community in the way of some additional landscaping at the front entry, and some necessary and required modification of road sig'nage. What I would I like us to discuss is, in effect, amending the Second Acquisition Agreement to increase the original cap of $400,000.00 to correspond with the actual cost of $418,597.00 and to add to the scope of the work contemplated thereunder this additional landscaping at an estimated cost of $35,000.00 and this modified road signage at an estimated cost of $20,000.00. Put another way, what I would like us to consider is the modification of the Second Acquisition Agreement which would add to the scope of the work and increase the cap to a figure of 5 January 7, 1998 $475,000.00. Is there anything inappropriate about any of that to your minds, Mr. Ward or Mr. Anderson'? Mr. Anderson asked what incentive does the District have to approve it? Mr. Reinders replied the additional landscaping is a like treatment with the additional work. It is further enhancement of the work that is already in place. The rest is just to more fairly reconcile the amount of the reimbursement to the actual cost of the prior work and I think in order to get our final approvals from the County we are going to have to modify some of the road signage or is this a different kind of signage? Mr. Taylor responded it is more an aesthetic type rathe, than a requirement. Mr. Reinders stated these are admittedly more aesthetic types of items but for the overall appearance, benefit and value of the community. Mr. ga~derson asked why did we have that original cap in there in the first place'? I don't recall why. Mr. Reinders stated I think we didn't want an open-ended Agreement, we wanted to put in a number. At that time, we hadn't done the work, ~ve had a good faith estimate fi'om the Developer as to what he thought it would cost and it came in fairly close but it was just to put some control feature in the Agreement. Mr. Ward asked has the work been done? Mr. Reinders replied I believe as to the $418,000.00 versus $400,000.00 that work is complete. Mr. Ward asked how about the original $400,000.00, is that done? Mr. Reinders replied yes, it is done. In fact, I believe the Dist,'itt has so far reimbursed $374,365.00 of the $400,000.00 and the rest would be pengt.fl~g invoices. This all relates back to the initial Acquisition Agreement which basically provided for reimbursements to acquisition payments to the Developer of $1,400,000.00 of which they got $850,000.00 at bond closing and were to get up to the remaining $550,000.00 to the extent it existed at the end of the day. I say it relates to that because there won't be a total of $550,000.00 in the available funds that the Dist,-ict has, so whether this takes the form of an ~,dditional reimbursement to the Developer or additional acquisition under the Second Acquisition Agreement, or whether those dollars just flow under the first Acquisition Agreement, the final analysis won't matter to this District. We are never going to have the $550,000.00 to give them under the first Agreement. We ',rill either have more or !ess depending' on how much we give them under the Second Agreement. 6 January ?, 1998 Mr. Anderson stated if we can do it under the first one, as you indicate that might be the preferable way. Mr. Reinders stated I am not sure it matters in the final analysis. Mr. Taylor stated if we are at a point where we can start to zet'o out the balances remaining with the contingencies left, because as of this draw, the project is 100% complete so no new invoices will be coming in but we ought to leave the contingency in so that when we do our final acceptance for repairs, tops, ~tters and such, that is provided for. Mr. Reinders stated based on your analysis the other day or what [ got in the way of a summary of Source and Application of Funds to date, Mr. Ward, it indicated that there was available in the funds of the District $753,964.22 all of which is available with the amendment to the Construction Maintenance Agreement and the bonding off of that contingent liability. Mr. Ward stated if you go up a bit in the summary, you have apparently $2,375,000.00 in overall construction projects and $2,200,000.00 in paid amounts so you owe some money. It looks that what is available is the amount shown as Future Projects, $481,043.96, plus the Construction Reserve, $246,000.00, but that again assumes for example that there is a second lift of asphalt that hasn't been paid for yet. Mr. Reinders stated we have a determination of the total cost to complete, we will come to that in a moment. Let me start with the availability. I have thought that looking at the balance of trust accounts, there is a figure of' $507,711.22. Mr. Ward stated that is cash in the bank. Mr. Reinders stated is the Construction Reserve Accottn. t not also segregated cash in bank? Mr. Ward replied yes but it is included in the $753,000.00. Mr. Reinders stated so total available cash is $753,964.00. Mr. Ward stated that is correct. Mr. Reinders stated if all of our bills ,vere paid today, we would have roughly $754,000.00. Mr. Ward stated assuming you didn't have any contractual obligations for any more funds and you just approved $55,000.00 in Change Order No. 17 plus whatever is due on the balance of the Bonness contract and what is not considered in here is what is due to the Developer under the Acquisition Agreements. 7 January 7, 1998 Mr. Reinders stated it is not so much what is potentially due but what is available to partially satisfy, that requirement. I analyzed it as follows: We have essentially $754,000.00 of available cash inclusive of Change Order No. 17. The balance payable to Bonness is approximately 5183,000.00. We will have some cd, er miscellaneous costs, we are anticipating a little bit of FP&L, we are anticipating some further Agnoli, Barber and we are anticipating some further legal and bond acquisition fees related to this Maintenance Agreement and some kind of a contingency, and if we quantify those, the balance to FP&L is a known ~gure of 516,000.00 in round numbers. The balance under the Agreement with Agnoli, Barber is $43,000.00. We estimate 55,000.00 for the surety bond under the amended Construction and Maintenance Agreement. I have $1~,000.00, $43,000.00 and 55,000.00 and I would suggest that we are looking at around $40,000.00 for contingency or any other unknown soft cost be they managers, attorneys or miscellaneous which would take us to a ~gure of about 5105,000.00 in round numbers. The question is, would it be appropdate to say that we have $754,000.007 We have to put aside 5183,000.00 for Bonness, we put aside the $105,000.00 for all other, plus contingencies and the balance is therefore available for payment to the Developer under the oziginal Acquisi6on Agreement which would be a figure of about $,150,000.00 and then the Developer can do whatever the Developer cares to do in the way of landscaping or pasing oft old landscaping, sign modifications and so forth. Mr. Ward stated I understand the analysis but what is the question'.> Mr. Reinders asked is it appropriate to release $450,000.00 to the Developer pursuant to the terms of the Acquisition Agreement holding back in effect $300,000.00 in the District to meet the less than $200,000.00 to Bo~ess which is essentially 100% complete? It is really just retention that is left and some provision of roughly $100,000.00 for miscellaneous costs based on everybody's analysis, the balance of any contract billing and a reasonable contingency. Mr. Ward stated assuming the En~neet' would be willing to provide you with an unqualified opinion as to the final cost of consb~ction of the prQect, you could probably start to get there. The problem is that releasing those kinds of funds to a Developer before you actually complete [he project could be problematic for the Board so the value decision you have to make is whether or not the project is complete. That is your legal obligation. Mr. McKe~a stated this is the Engineer. I agree that all of the work is complete. The second lift of asphalt is already figtwed into the Bonness payment. January 7, 1998 It looks to me that all o£ the figures are complete so I think I would be in a position to write such a letter. Mr. Reinders stated I am not uncomfortable. The other way to have done this would have been to make the Acquisition Agreement payment to the Developer on day one and take the risk of the Construction Fund being adequate. Their was a conscious decision on the part of all parties to stage that acqu{sition to provide a contingency. In retrospect, it is good that we did because a hundred thousand of it actually got used. We don't have any real uncertainties with Bonness. The rest is what we have in the way of contracts, we ~re still pr(~vidi~.g a reasonable contingency so I am not uncomfortable with it. As I recall the terms of that Acquisition Agreement, it provided that this payment would be made upon completion and I will tell you that we are complete so I think there is an entitlement on the part of the Developer for timely payment at this point anyway. Mr. Anderson stated whatever motion you make should probably include authorization to amend the Second Acquisition Agremnent if it is necessary if it can't be accomplished under the first one. Mr. Reinders stated I am not sure we have come to that if in Fact we reach the decision to release the net available funds to the Developer. Even if we did amend the second one, we would still be talking about the release of a lesser amount to the Developer cu,','ently. I think this is the cleaner one-step process. In what I would consider an exercise in excess prudence and caution, rather than to currently address the $450,000.00 because in another month o~' so, we will have seen everything we will ever see on this thing, I am going to move for the current release of $400,000.00 of' the available funds to the Developer under the first Acquisition Agreement. That will leave us on top of Ba~nness about $150,000.00 fronds relatively minor trailing sort of things and we can alw_~ys revisit it within a month or so when we can satisfy ~urselves that we haven't missed anything. Is there any discussion? Mr. Anderson stated just one clarification, l'our motion mentioned the first Agreement. Is that correct? Mr. Reinders stated what we are saying is that under that first Agreement, that Agreement obligated this District to make a second-stage acquisition payment to the Developer based on what was long ago analyzed and certified to as a total of $1,400,000.00 of which $850,000.00 was paid at closing. The ori~nal Acquisition Agreement contemplated that up to an additional $550,000.00 if fu;~ds were available at completion of the project would go to the Developer. 1 January 7, 1998 Mr. Ward stated another issue you should consider is that you have currently an obligation to the Developer in excess of funds you }lave available. A part of the motion should be that you obtain a release from the Developer for any obligations under the Acquisition Agreements after this payment is made. Mr. Reinders stated I don't know if that is necessary because the original Acquisition Agreement only obligated the District to pay such funds as were available to a maximum of $550,000.00 and to the extent such funds were not available, it was not a fixed obligation of the District. Mr. Ward stated I understand that but I just want to be sure that you get released. He may come back at some point in the future and say that is true })ut I still want my other $150,000.00 although there were no moneys itl the bank account at that point, you need to figure out how to get the extra money so you need to get a release from the Developer for any additional obligal, ions. Mr. Reinders asked do you concur with tim[ Mr. Anderson? Mr. Anderson replied to quote you, in an exercise o~' excess prudence, yes. Mr. Reinders stated I am going to amend my motion and will restate it as follows: I move that we currently release the sum of $400,000.00 as a payment under the Acquisition Agreement conditioned upon a release from the Developer of any additional reimbursements subject to the fact that to the extent that we still have excess funds at the end o~' the day, we will be paying those over to the Developer. We are going to revisit this, in my opinion, in a month or two and there will still be a few dollars, fifty, seventy-five or a hundred and they are going to want that up to their original $550,000.00 in any event. Is that suffidently clear? Mr. Ward stated it is clear. Mr. Reinders stated I have a second from Mr. Taylor of the motion as amended. Is there any further discussion? Implicit in this is that Mr. McKenna will write a letter stating that in his opinion the remaining funds available to the District of approximately $300,000.00 will be sufficient to meet the District's construction contract obligations. !On MOTION by Mr. Reinders seconded by Mr. Taylor with all in favor the release of $400,000.00 as a payment under the Acquisition Agreement was approved conditioned upon a release from the Developer of any additional reimbursements subject to the fact that to the extent that there are still excess funds, the District pay those to the Developer. 10 January 7, 1998 Mr. Reinders stated at your reasonable earliest convenience, Mr. Ward, please cut that check for release when Mr. Anderson and I can decide that we have an appropriate executed form of release. Mr. Ward stated a release from the Developer and [ don't remember the Acquisition Agreement. I assume there were terms that the Developer bad to comply with under the Acquisition Agreement for payment, for instance, to dedicate the assets and a description of what the assets are including bills of sale and easements and other pertinent items. Mr. Reinders stated Mr. Anderson should look at that. Mr. Anderson stated [ need to have Mr. McKenna furnish me with a copy of the plat that was approved. Mr. Reinders stated if Mr. McKenna will do his letter to me, I will send a copy to Mr. Ward and to Mr. Anderson. Mr. Ward stated we both need originals. Mr. Reinders stated we will provide originals and the plat will go to Anderson and I will talk to Mr. Anderson tomorrow to get his comments on the original Acquisition AgTeement and a fl~rm of release. What other business do we have? Ms. Welks asked have we progressed any further on getting the bond pa'?off amounts? Mr. Ward replied that has been done [br two months. Ms. Welks stated our attorney talked to Randy White yesterday and as of yesterday he has still not received the payoff information. Mr. Ward stated since I have seen the payoff amounts come in fi'om escrows from your attorney, I ~vould assume that that is done. Ms. Welks stated there must be a communication problem because there are no funds that have transferred to pay off the bonds. Mr. Ward stated I will follow up. Mr. Reinders stated I would appreciate that because it is a matter of some urgency at this point. Please let Ms. Welks and me know. Mr. Ward stated I will do that. Mr. Reinders asked are there additional questions'? Welks asked who are the check signers? Ward replied I am a check signer. 11 January 7, 1998 Ms. Welks stated I am still getting some delays in getting some reporting out of the District on our monthly expenditures and I would like to make sure that those reports are sent to us as the Developer on a regular basis. Mr. Ward asked is there anything specifically that you are looking for'? Ms. Welks replied a report came in yesterday on the Bond Series Capital Expenditures. Mr. Ward stated those are not done monthly. Ms. Welks stated this is the first one I have seen since June. Mr. Ward stated that is the first one that has been done since June. Ms. Welks stated it makes it a little difficult for the Developer to report it on the financial statement to the investors. Mr. Ward stated I understand that but they are not prepared monthly, they are only prepared as needed. Mr. Taylor asked do we need to request one as needed'? Mr. Ward replied .yes just call. Mr. Reinders asked does anyone have anything else? Is therea report from the Engineer? B. Engineer Mr. McKemm stated sections have been completed and accepted relative to the utility portions of the project. There is a final inspection scheduled on lB and 2 on Monday. That should wrap up all of the County's inspections and our inspections. All the figxu'es that are in, the final Change Order No. 17, as far as I can tell, should conclude all the work that would occur on the project. That is all I have to report. Mr. Reinders asked is there anything else? C. Manager Mr. Ward replied I have nothing. SLXTH ORDER OF BUSh-NESS Supervisor's Requests m~d Audience Conunents Mr. Reinders asked are there any further requests from the Supervisors? There are none and no audience members present. SEVENTH ORDER OF BUSINESS Consideration of Financial Statements ,':md Funding Request Mr. Reinders asked are there any questions regarding Pay Request #107 Hearing none, January 7, 1998 JlOnMOTION by Mr. Reinders seconded by of" Iwith all in favor Pay Request #10 in theMr'amountNewell]] 1510,970.08 was approved. Mr. Reinders asked is there any other business? Hearing none, is there a motion to adjourn? lion MOTION by Mr. Newell seconded by Mr. Taylor with]] all in favor the meetin~ was adjourned at 12:20 P.M. s P. Ward - ~ssistant Secretary ~ames Re}riders Chairman 1 Wednesday January 7, 1998 11:30 A.M. AGENDA HE~RITAGE GREENS COMMUNITY DEVELOPME~NT DISTRICT Roll Call Organizational Matters A. Oath of Office B. C. 3185 Horseshoe Drive South Marco Island, Florida Election of Officers Consideration of Resolution 98-1 Canvassing and Certifying the Results of the Landowners Election Approval of tt~e Minutes of the October 23, 1997 Meeting Consideration of Resolution 98-2 Adopting Investment Policy Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Financial Statements and Funding RequeSt Adjournment 1 16G 1 Naples Daily News NapLes, FL 33940 Affidavit of Publication Naples Daily News HERITAGE GREENS COHMUN[TY OEVELOPHENT DISTRICT - J. gARD 1030(] Ng 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 027769 57616498 NOTICE OF MEETING HE State of Florida County of Collier Before the undersigned authority, personally appeared Judith A. Flanigan, who on oath says that she serves as an agent of the Naples Oaily News, a daily newspaper published at Naples, in Collie.' County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier C~unty, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/31 NOTICE OF -- MEETIt~G HERITAGE GREENS COMMUNITY DEVELOPMENT I)ISTI~CT A me~'lng of the Bo~r oi' Super~l$o~-$ of the HerJ* ~e Green~ CommunJ~ Devei~mem Oi~id will ~ hela ~ Thur~o.t Jon- uc~ 7, 1998 ¢ lg0 A~. vet~mem M~co, 227 N. C~II~ Boulev~d, M~CO Island, FlorlQo, The me~- lng Is ~en to ~e and will ~ condu~ Jn ~c~nce w~ ~e ~ro- visions of FIorJoO Low Communi~ ~evel~ment There may be ~cm sJons when ~e or m~ Sureties will P~icI- ~e by teleph~e. At o~ve I~on ~e will ~ pr~e~ a ~e~er tele- Ph~e ~ ~ any inter. e~d per~n ~n ~end ~e m~lng ~ ~e a~ve Ioc~ and be ~lly t~m~ ~ ~ dl~ussi~s ~klng pl~e el~er In per- ~n ~ bv teleph~e com- munlc~l~, E~ ~r~n who ~kcn ~ ~ese meetings ~VIS~ ~ p~ will n~ a rec~d of ~e pcm c~dlngs ond ~ acc~d- ingly, ~e Person may ne~ ~ entre ~ a v~- ~m r~d of ~e pro- ceedings S mode, ncluO{~g ~e festfmony ond evlOence upon which such ~peol Is ,o ~ L ~oyer No. J 12~50 AD SPACE: 54.0(0 INCH FILED ON: 12/31/97 -._ . · A' I / , "" Signature of Affiant i"~,'"'/-~ Apn~ tO, lgg8 Oath of Office I, Peter R. Comeau, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the t-Ieritage Greens Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. and ,,,,'ill faithfully. honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Heritage Greens Community nt D~, Col.._),.. Development Di , Collier C~ounty, Florida. / ../ Peter R. Comeau /- 7-?oo Date STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this .r],/~ day of January. 1998 by Peter R. Comeau. (Affix Seal) ~:~'~'½"~'"'Y'/L '; ELIZABETH M. DtLLINGHAM ,,,,- .. :. ' /l, ii~ :,: MY CO~,~I~SS)ON ~ CC422150 EXPlflES ¥5,~";' '" J~n,,m, 9, ~ l 5ignamre,)~ Notary Dublic Elizabeth M. Dillingham NOTARY PUBLIC Commission ~ CC 422150 My Commission expires January 9, 1999 Personally Known ~ OR Produced Identification Type of Identification Produced Oath of Office I, Karen E. Welks, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Heritage Greens Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Heritage Greens Community Development District, Collier County, Florida. Kgarer~ E. Welks Date STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ,,v-,/ day of January, 1998 by Karen E. Welks. (Affix Seal) ELIZABETH M. DtLLINGHAM MY COIVIMISSION ~ CC422150 D(P~RES Ja~ 9, 1999 ~C~'C~O ~ ~ F~ ~L,'R,~'~7,E. INC. Elizabeth M. Dillingham NOTARY PUBLIC Commission # CC 422150 My Commission expires January 9, 1999 Personally Known ~ OR Produced Identification Type of Identification Produced Fr"Z'/--], /) /, . /_.~ ) h",_qtO--..~'OS-,5,g' 'Q9//-g) 1 Oath of Office I. James O. Newell, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Heritage Greens Community Developmertt District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and ,,,,'ill faithfully. honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Heritage Greens Community Deve~ STATE OF FI.ORII)A COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this "?r/-/'5 day of January, James O. Newell. (Affix Seal) ELIZABETH M. DiLLING~ ~ ~10fl I CC_,422150 EX~P~S ~/ / ,, , '~ // / Sig~r~of ~'o~ ~:'blic Elizabeth M. Dillingham NOTARY PUBLIC Commission g CC 422150 My Commission expires Janua~ 9, 1999 Personally Known OR Produced Identification Type of Identification Produced ~/~ /9,/.. 1998 by Oath of Office I, Mark S. Taylor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Heritage Greens Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Heritage Greens Community Development District, Collier County, Florida. Mark S. o )' Date STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~/) day of January, 1998 by Mark S. Taylor. (Affix Seal) EUZ.~J~EI~ M. DILLINGI.L~M MY COngeStION I C.,C422150 EX~IRES Ja~.,l~ 9, 1999 Elizabeth M. Dillingham NOTARY PUBLIC Commission//CC 422150 My Commission expires January 9, 1999 Personally Known __ OR Produced Identification Type of Identification Produced FL/J L),I . ~LLrrION 98-2 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, ADOPTING INVESTMENT POLICY FOR THE DISTRICT AS PROVIDED IN SECTION 218.415 (15), FLORIDA STATUTES (1995). WHEREAS, in direct response to the investment crisis in Orange Count),, California, and other reported investment losses by some local governments in Florida, the Florida Legislature passed CS/SB2090 (codified in Section 218.15, Florida Statutes, (1995)); and WHEREAS, Section 218.415, Florida Statutes (1995) creates supplemental provisions that update existing state statutes requiring, in part, that written investment policies be adopted by the local government on or before October 1, 1995, or in addition to or 'in lieu of establishing a written investment, to elect to proceed under Subsection (15) of Section 218.415 which sets forth alternative investment guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVEI,OPMENT DISTRI~ 1. At this time, the District elects to proceed under the Alternative Investment Guidelines set forth in Section 218.415(15), Florida Statutes (1995), in lieu of establishing a written investment plan as set forth in Section 218.415(1) - (14), Florida Statutes (1995). 2. This Resolution shall become effective immediately upon passage. Adopted by the Board of Supervisors of the Heritage Greens Community Development District, Collier County, Florida, the 7th day of January, 1998. Secretary Jc~a ~rSmRf~ n d e r~ 1 RESOLUTION 98-1 A RESOLUTION CANVASSING AND CERTIFYING THE ~TS OF THE LANDOWNERS EI,F. CTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.0(O(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 4, 1997 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and.certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVE. I OPMENT DISTRICt, 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Karen Welks 608 votes .. Peter Comeau 608 votes James Newell 545 votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Karen Welks Peter Comeau four (4) year term four (4) year teem James Newell two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS 7TH DAY OF JANUARY, 1998. James Reinders ~ Chairman Secretary DEC-Jl-1997 1D:D2 FROm YU~U V~N ASS£~DCnP YOUNG NRPLE5 YOUNG, .VA/g 2~SSENDERP ATTO;qN ~YS AT ~D%~ TO: Naples December 31, 1997 lu ?. U1 1 Via M E M 0 R A }: D U F1 Facsimile (954) 345-1292 i0 pages TO: James B. Ward, kssis[ant District Manager Heritage Greens Community Development District FROM: R. Bruce Anderson~~ RE: ~J~ended Subdivision Construction with Collier County DATE: December 31, 1997 and Maintenance Agraamen~ Transmitted herewith for you to distribute to Board members for the J~%ua~/ 7, 1998, meetinq of the Board of Super~/isors is an amended version of the "Construction and Maintenance A~reement for Subdivision Improvements of Community Development Districts" that was requested by Chairman Reinders. This amended agreement has been reviewed a~d approved by the County Attorney's Office. The only changes from the prior agreement that the Board had approved and entered into with Collier County are in paragraphs 2 and 5 of the a~reement, which provide tha~ the District n%ay post with Collier Cou~.ty the t.vpical ten percent subdivision maintenance performance security, as an alternative to retainin~ ten percent of ~he total construction costs as a reserve amoun~ with the bond trustee as provided in the existing agreement. Should you have any quesuions, please do not hesitate ~o contact me. Thank you. cc: James M. Reinders (via facsimile 389-1166) w/enclosures Jack McKenna (via facsimile 5~6-2203) w/enclosures I II IILI IIIIII III III CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of , 19 by and among HERITAGE GREENS CO~47INITY DEVELOPM]~NT DISTRICT, an independenu special district and body politic of the State of Florida (the "District"), HERITAGE GREENS DEVELOPMENT LIMITED PARTNERSHIP, a Eelaware limited partnership (the "Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as Heritage Greens (the "Plat"). B. Division 3.2 of tke Collier County Land Development Code ~the "Code") requires the District and the Developer to provide certain guarantees to the Board in connection with the construction cf ~he improvements required by the Plat. C. The District and the Developer desire to provide the required guarantees to the Board hereby. NOW, TKEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the District, the Deve!cPer and the Board do hereby covenant and agree as follows: OPEP~ATIVE PROVISIONS: I. Required Improvements. The Distric~ will cause ~o be constructed: Those certain roadways, drainage and water managemen5 facilities and water and sewer utility facilities for Heritage Greens, except those improvements within the golf course (collectively, the "Required Improvements"). Subjec: to Paragraph 3 hereof, the Required DEC-31-19D7 l~J: [~3 FROM YU'&U NP4PLE5 lU 195aZaSI292 ~. ~]3 Improvements will be constructed within thirty-six (36) months from the date that the Board approves the Plat. 2. Security for Required improvements. A construction fund .[the "Construction Fund") has been established by resolution of the Disnrict adopted on December 27, 1996 (the "Bond Resolution") from which the cost of constinaction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody cf a bond trustee (the "Trustee") . Proceeds of bonds authorized to be issued by the Distric~ pursuant to the Bond Resolution shall be deposited, au a minimum, in the Construction Fund as follows: S2,462,534.00 for costs cf the Required Improvements (the "Construction Amount") and $246,253.00 representing ten percent {10%) of the Construction Amount (the "Reserve Amoun[") . The Reserve Amount shall be retained as a reser%.e in the Construction Fund pursuant to Paragraph 5 hereof; or District shall post with the Board a subdivision performance security in an amount equal ~o the Reserve Amount. In addition to the foregoing, proceeds of the Bonds shall ke deposited with the Trustee to be held as capitalized interest which shall be sufficient to pay interest on ~he Bonds during the seventeen (17) month oeriod following the issuance thereof. In addition, ~oc~_ds o~ the Bonds shall be deposited with the Trustee in tke Debt Service Reserve Account established by the Bond Resolution in an amoun~ sufficient to pay approximately twelve (12) months of debt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements and all other improvements authorized by the Bond Resolution, as well as to fund ~he Reserve Amount. 3. Construction of Required Improvements. -2- DEC 31 '97 18:89 9al 597 i868 PAGE.OE (b) Department and the issuance, sale and delivery of ~he Bonds (the "Commencement Period"). The District will pursue constructicn of the Required Improvements [o substantial comple~ion within twelve (12) months following the end of the Commencement Period (the "Construction Period"). In the even5 the District fails to: (i) commence construction of eke Required Improvements w±thin the Commencement Period; or (ii) substantially complete construction of ~he Required Improvements prior expiration of the Construction Period, upon written notice to Developer by the Board, Developer shall immediately become responsible for the construction of the Required Improvements. The obligation ~o cons~rucu the Required ImprovemenZs within ~he Construction Period shall be a joint obligation of bosh the District and 5he Developer. 4. Development Services Director's Preliminary Approval of Required Improvements. The Deve!opmen~ Services Director shall not consider the Required Improvements complete unzil a statement of completion by the District's or Developer's consulting engineers, together with the final project records related thereto, have been -3- DEC-J 1-19~'? 1Ut D4 F~UM ¥~gU N~LE5 [U 155Jd~b 12¥2 ~. Db !6G 1 furnished for review and approval to the Development services Director of Collier County, Florida (the "Director") for compliance with the Code. Within sixty (60) days of receipt of the statement of completicm from the District, the Director shall either (a) notify the District or Developer, in writin9, of its preliminary approval of the Required Improvememts; or (b) notify the District or Developer, in writing, of his refu~ai to preliminarily approve the Required Improvements, therewith speczfying those conditions that the District or Develooer must ful=i~ in order to obtain the Development Services Director's ?reliminary Approval cf the Required Improvements. In no event shall the Board refuse Preliminary Approval of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements o~ this Agreement. 5. Maintenance and Reserve ~ount. The District or Developer, as the case may be, shall maintain all Required Improvements for a minimum of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the District or Developer and upon submission of a written request for inspection~ the Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code shall recommend approval to the Board. The District or Developer's responsibility for maintenance of the Required improvements shall continue unless or until ~he Board accepts maintenance responsibi!iny for the County. Sums equal to the Resel-ve Amount shall be maintained by' the Trustee on deposit in =he Construction Fund, or as provided in Paragraph 2 hereof, District shall post with the Board a subdivision performance security, until the final approval of the Required Improvements. The DEC 3I '97 1~:1~ 9~1 597 iD6O '~GF.Pc DEC-~i-I~7 10:04 FROM ¥~U NAPLES Board shall reflect its acknowledgment of such finding' by notifying the District, in writing, of its final approval of the Required improvements. Upon receipt of notice of such final approval, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund, or as the case may be, the Board shall release the subdivision performance security posted by District. In the event that during the inspection the Director finds that all or some portion of the Required Improvements are not in compliance with The Code, the Director shall promptly specify, in writing, to the District and Developer those deficiencies that must be corrected in order to bring 5he Required Improvements in~o compliance with the Code. Un]ess the District has posted a subdivision performance security with the Board as provideg in Paragraph 2 hereof, the District shall apply the Reserve Amount payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, or as provided in Paragraph 2 hereof, the Developer shall bring the Required !mprove:nents into compliance with the Code. Upon correction of the specified deficiencies and written notice thereof, the Director shall again inspect the Required Improvements and, if found to be in compliance with the Code, shall submit such findings ~o the Board for its final approval thereof. In the event the District and Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certificanion of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the -5- DEC-3[-[997 [0:B5 FRI2~ YU';..U 1'4::~.E5 TO 19543451292 P.07 16G 1 improvements required herein. The Developer shall be iiable to palJ and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but nec limited to, engineering, legal and contingent costs, together with any damages, either direct or consequenuial, which the Board may sustain on account cf the failure of the District or Developer to fulfill all of the provisions of this Agreement. 6. Plat Recordation. The parties acknowledge that this Agreemenn is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the requirements established by, Division 3.2.9 of the Code. The parties acknowledge and agree than following the Board's approval of the (a) The Developer shall not be entitled to record ~he Plat until the Board receives: (1) Written notice from the Trustee that sums at least · ~ equal to the Construction Amount and Reserve Amount ~ are on deposit in the Construction Fund (the ~!~,.~, "Trustee Notice"); ~,~, (2) Written notice from District and the Trustee that: received by District includes the Required Improvements; I!~' (b) Such Bond oroceeds are sufficient 50 finance ,i.J, jii,i~ the Required Imp re yemen ts as well as all other improvements to be financed by the Bonds j~le~t ~i~Yn~ '.' rh~h~r~]r~)e, ~n~e~e sfeUn~da~ i~~ DEC-Jl-1997 lO:B5 (b) FROM YU~U NAPLES TO that funds Project for are sufficient 155~3~:512¥2 ~. ~38 to finance the which Bond proceeds have been received as well as to fund the Reserve ~,~ount is based upon the District Engineer's estimation of construction costs which is attached hereto and incorporated herein; and (c) The project cannot be amended or changed without the consent of the Board (the "Project Notice"). (3) A representation and warranty from ch.e District that all governmental pe:~nits to enable the District to commence construction of the Required Improvements have been obtained ("Permit Warranty"); and Upon receipt by [of] the Board of the Trustee Notice, Project Notice and the Permit Warranty, Developer shall be entitled to record the Plat without further condition, other than payment of any related recording fees established by applicable law and the execution of the Plat by all required parties. 7. Liability. The County shall have no liability whatsoever to the bond holders. Neither the enforcement of the terms of this Agreement by the County nor the failure to enforce such terms shall create any liability whatsoever to the bond holders, the District, or the Developer. Any disclosure documen~ prepared by the District or Developer in the offering of such Bonds shall provide a statement as described above relating to the lack of liability of the County. -7- DF_.C-~ 1-1~'-I? ltd: k~b P l~blq 8. Miscellaneous. herein concained are, successors and assigns Nl;'~u L [:. 5 I U Ail of the terms, and shall be, binding upon of the District, Developer 16G covenant's and conditions the respective and Board. By Execution below, the Trustee shall evidence its acknowledgment of and assent to the matters addressed herein. Any notice, demand, request or instrument authorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: Gary L. Moyer, District Manager 10300 N.W. llth Manor Coral Springs, Florida .3307i To the Developer: James M. Ruhnders 277 North Collier Blvd. Marco Island, Florida 34145 To the Board: c/o County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 With a Copy to: Collier County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 To the Trustee: First Union National Bank of Florida Attn: Ms. Vivian Cerecedo 200 South Biscay-ne Blvd. Miami, Florida 33131 -- IN WITNESS WT/EREOF, the District, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives as of this day of , 199__. SIGN]KD, SEAJ~ED A/ND DELIVERED IN THE PRESENCE OF: ATTEST: DISTRICT: HERITAGE GREENS COMI~UNITY DEVELOPME1TT DISTRICT Gary L. Moyer, District Secretary By: James M. Reinders, Chai.-qT, an -8- DEC 31 '99 10:11 941 597 1860 DEC-51-1997 1~:~$ P~DI1 Y~&U Witness NI-.~LE 5 1U 15b.434b 1,='¥~ P. lid DEVELO?~.R: HERITAGE GREENS DEVELOPMENT LIMITED PARTN~RSHI P By: RONTO DEVELOPMENTS NAPLES, INC. By: James M. Reinders, President Witness ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and Legal Sufficiency. BOARD: BOA/LD OF COIIN~fY COM/~ISSIONERS COLLIER COUNTY, FLORIDA OF By: Chairman David C. Weigel Collier County Attorney Acknowledged and assented to: FIRST U/qION NATIONAL BA/TK OF FLORIDA as Trustee under zhe within-mentioned Bond Resolution By: Its: Date: -9- TOTAL D-cC 31 '9'7 1D:ll aa1 ~,c'~ !0~¢ =ca-- -.~ ............................................ ]Ill .................................... ii ilnl 1'ia,a Heritage Greens Community Development District Series 1997 Special Assessment Bonds For Ihe Month Ended November 30, 1997 Source of Funds Construction Year to Projects Date Amounts Overall Paid/Rec'd by Variance Budget Bond Funds Fay. - (Unfav.) Deposit to Construction Account Deposit to Construction Reserve Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Debt Service Accounts Interest from Construction Accounts total sources Uses of Funds Costs of Issuance $4,371,310.00 $4,371,310.00 $0.00 $231,065.00 $231,065.00 $0.00 $647,625.00 $647,625.00 $0.00 $600,000.00 $600,000.00 50.00 $150,000.00 $150,000.00 50.00 SOO0 $42,920.07 ($42,920.07 50.00 $108,582.92 ($108,582.92 $6,000,000.00 $6,151,502.99 (5151,502.99 Bond Counsel- Greenberg, Traurig et al Trustee Fees- First Union National Bank Trustee Counsel- Holland & Knight District Counsel- Young, van Assenderp et al Financial Consultant- Fishkind & Associates District Manager- Gary L. Moyer, P.A. Underwriter's Counsel- Nabors, Giblin,& Nickerson Costs of Issuance & Underwriters' Discount Deposit to Capitalized Interest Account Deposit to Reserve Account Contingencies total costs of issuance $57,700.00 $57,700.00 $0.00 $4,625.00 $4,625.00 $0.00 $5,150.00 $5,150.00 50.00 $54,400.00 $54,400.00 $0.00 $12,000.00 $12,000.00 $0.00 $43,000.00 $43,000.00 50.00 515,000.00 $15,000.00 $0.00 $150,000.00 $150,000.,0.0 $0.00 $647,625.00 $647,625.00 $0.00 $6OO,OOO.OO $600,000.00 $0.00 $3,000.00 S0.00 S3,000.O0 $!,592,500.00 $1,589,500.00 $3,000.00 Heritage Greens Community Development District Series 1997 Special Assessment Bond,~ Construction Costs Underground E/ectrici~y Utility Connections Commercial Tariff 118 Lots Underground Electricity Location total underground electricity Acauisition of the Prqiect- Phase Ronto Development Corporation Reimbursements to Developer ' Wall System- Vestem, Inc. Equipment Rental- Naples Rent-All, Fla. Contractor's, Hertz Aluminum Fence- OK Welding Bomanite Entrance Way- T& S Concrete & Bomanite Electricity- FP&L Landscape Mulch- Forestry Resources Tree Transplanting & Landscape Installation- Tudmaster Sod- Golden Gate Nursery, S. Florida Sod Removal- Waste Management Fountain- Golf Ventures Electrical- Roberts Electrical Entry Gate System- Action Automatic Door Trees- Pro Tree Farms, Ray's Tree Farm, Green Cay Nursery Irrigation System- Annco Services Painting of Guardhouse- B. McMahon Plants- Statewide Palms, Clark's Nursery Engineering Costs- Agnoli, Barber & Brundage Water Distribution, Sewer Collection, Roadway & Drainage Miscellaneous- Permits etc. total reimbursements to developer Construction Projects Overall Budget Year to Date Amounts Paid/Rec'd by Vari,~nce Bond Funds Fay. - (Unfav.) $35,661.00 $23,152.00 $135,158.00 $35,661.00 $0.00 $23,152.00 $0.00 $135,158.00 50.00 $193,971.00 $193,971.00 $0.00 $850,000.00 $850,000.00 $0.00 $89,126.00 $89,126.00 $8,610.95 $8,610.95 $10,618.00 $10,61800 $9,950.00 $9,950.00 $904.26 $904.26 $3,888.71 $3,888.71 $55,551.37 $55,551.37 $14,052.00 $14,052.00 $3,221.51 $3,221.51 $5,419.78 $5,419.78 $1,180.00 $1,180.00 $16,419.40 $16,419.40 534,384.32 $34,384.~ $28,775.00 $28,775.00 $623.00 $623.00 513,357.61 $13,35761 $42,357.00 $42,357.00 $98,213.75 $98,213.75 $1,186.83 $1,186.83 50.00 50.00 S0.00 $0.00 S0.00 S0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 50.00 50.00 $0.00 SOO0 S0.00 $0.00 $437,839.49 $437,839.49 S0.00 Agnoli, Barber & Brundage $35,954.25 $35,954.25 50.00 Construction Related Legal Fees Young, vanAssenderp & Varnadoe S33,275.24 $33,275.24 S0.00 Heritage 6reens Community Development District Series 1997 Special Assessmerlt_B_~ Water Distribution, Sewer Collection Roadway and Drainage Construction Projects Overall Budget 166 ! Year to Date Amounts Paid/Rec'd by Var;ance Bond Funds Fay. - (Unfav.) Sanitary Sewer Phase lA Lift Stations Sewer Lateral Modifications Force Main Locate & Test Pump Down Sewer System Waterline & Conduits Phase lA Install Conduits Install Addtl FP&L Conduits 2" Jumper Meter Asse.mbly Asbuilt Waterline Appurtenances Chlorinate & Perform Tie-In Pour Valve Pads & Hydrant Breakaways Replace Inlet Top Rework Base & Prime 314 Asphalt (1st lift) 3/4 Asphalt (2nd lift) Density Tests Final Grade R.O.W. Bahia Sod Hydroseed Sanitary Phases lB & 2 Lift Station Complete PVC Sewer Line- Surface PVC Sewer Line- 0' o 6' PVC Sewer Line- 6' - 8' Sanitary Manhole- 0' - 6' Sanitary Manhole- 6' - 8' Sanitary Manhole- 8' - 10' Sanitary Manhole- 10' - 12' 6" PVC Sewer Service 4" PVC Force Main 6" PVC Force Main 8" PVC Force Main 6" Plug Valve Blasting & Rock Excavation 8" PVC Sewer $53,040.51 $4,161.60 $1,632.00 $8,853.60 $12 316.50 $8 835.75 $3 O6O.OO $1 632.OO $2 346,00 $1 530.00 ;550.00 $18,060.00 $18,782.40 $22,394.40 $261.00 $3,000.00 $5,720.00 52,816.10 $148,410.00 $6O,804.94 $27,978.60 $17,136.00 $12,852.00 $7,344.00 $9,792.00 $5,508.00 $83,387.04 $22,001.40 $642.60 $4,207.50 $714.00 $12,737.76 $5,304.00 553,040.51 S0.00 $4,161.60 $0.00 Sl ,632.00 $0.00 $8,853.60 $0.00 $12,316.50 SO.O0 $8,835.75 .$0.00 $3,060.00 S0.00 $1,632,00 $0.00 $2,346,00 $0.00 $1,530.00 $0,00 $550.00 $0.00 $18,060.00 $0.00 $18,782.40 $0.00 $0.00 $22,394.40 $261.00 $0.00 $3,000.00 $0.00 $5,720.00 $0.00 $2,816.10 $0.00 $148,410.00 $0.00 $60,804.94 $0.00 $27,978.60 $0.00 $17,136.00 $0.00 $12,852.00 $0.00 $7,344.00 $0.00 $9,792.00 $0.00 $5,508.00 $0.00 $83,387.04 $0.00 $22,001.40 $0.00 $642.60 $0.00 $4,207.50 $0.00 $714.00 $0.00 $12,737.76 $0.00 $5,304.00 $0.00 Heritage 6reens Community Development District S~ries 1997 Special Assessment Bonds Water Distribution, Sewer Collection Roadway and Drainage- continued Construction Projects Overall Budget Year to Date Amounts Paid/Rec'd by Variance Bond Funds Fay. - (Unt'av.) Water Phases lB & 2 Drainage 10" Waterline 8" Waterline 6" Waterline 6" Waterline 10" Gate Valve Box 8" Gate Valve Box 6" Gate Valve Box Fire Hydrant Assembly Temp Bacti Sample Perm Bacti Sample 3' PVC Water Conduits Clubhouse Service Stub Phases lB & 2 15" RCP 18" RCP 24" RCP 30" RCP 36" RCP 14 x 23 ERCP 24 x 38 ERCP Storm Manholes Type A Inlet Gutter Inlets Type C Inlets Blasting/Rock Excavation 12" Stabilized Subgrade 2" Valley Gutter Throat Inlet Top 4' Wide Sidewalk Type A Curb 6" Limerock Base 3/4" Asphalt (1st lift) 3/4" Asphalt (2nd lift) Density Tests Final Grade R.O.W. Signage & Striping Bahia Sod Hydroseed Performance Bond $9,828.80 $46,308O0 $35,955.00 $2,662.20 $816.00 $4,692.00 $5,967.OO $47,736.00 $2,499.00 $1,989.00 $15,279.60 $463.00 S4,781.76 S6,705.48 $57,405.80 $51,408.00 $12,053.34 $695.64 $2,423.52 $14,535.00 $17,952.00 $5,2O2.OO $714.00 $11,277.12 $23,973.75 $64,856.00 $10,704.00 $42,383.25 $3,150.10 $89,747.OO $40,001.52 $47,694.12 $1,8OO.OO $5,800.00 $5,828.OO $12,330.50 $6,070.50 $13,018.30 $9,828.80 $0.00 $46,308.00 $0.00 $35,955.00 $0.00 $2,662.20 $0.00 $816.00 $0.00 $4,692.00 $0.00 $5,967.00 $O00 $47,736.00 $0.00 $2,499.00 $0.00 $1,989.00 $0.00 $15,279.60 $0.00 S463.00 $0.00 $4,781.76 $0.00 $6,705.48 $0.00 $57,405.80 S0.00 $51,408.00 S0.00 $12,053.34 $0.00 $695.64 $0.00 $2,423.52 $0.00 514,535.00 50.00 $17,952.¢¢ $0.00 $5,202.00 $0.00 $714.00 $0.00 $11,277.12 $0.00 $23,973.75 $0.00 $64,856.00 $0.00 $10,704.00 $0.00 $42,383.25 $0.00 $3,150.10 $0.00 $89,747.00 $0.00 $40,001.52 $0.00 $0.00 $47,694.12 $1,800.00 $0.00 $3,288.60 $2,511.40 $0.00 S5.$28.00 $0,00 $12,330,50 $0.00 $6.070.50 S13,016.30 $0.00 Heritage Greens Community Development District S~ries 1997 Special Assessment Bonds Change Order//1 Fill to Residential Areas Change Order//2 Modifications to Sanitary Collection Change Order//3 Residential Portion of Shared Drainage Change Order/14 Surveys Change. Order/15 Drainage Canal on East Property Line Change Order//6 Omit 4' Wide Sidewalk Change Order//7 Adjust Bond Costs Change Order//8 Drainage Modifications at Lake # 11 Change Order #9 Crest'view Way Waterline Change Order//10 Street & Canal Crossings- Conduits Change Order//11 Gatehouse Parking Change Order//12 Exotic Removal in So. & We. Pres. Change Order//13 2nd Asphalt Lift 500' Entrance Road Construction Projects Overall Budget Year to Date Amounts Paid/Rec'd by Var!ance Bond Funds Fay. -/Unfav.) $825,000.00 $825,000.00 S0.00 ($7,857.12) (S7,857.12) $43,043.70 $43,043.70 SO.O0 $0.00 $39,249.00 $35,521.00 S3,728.00 $39,945.00 $39,945.00 S0.00 (S42,383.25) ($42,383.25) SOO0 $8,970.00 $8,970.00 $0.00 $14,928.14 $14,928.14 $0.00 $4,408.70 $4,408.70 $0.00 $39,999.01 $32,399.24 $7,59977 $1,120.00 $1,120.00 $47,732.00 $47,732.00 1 $0.00 $0.00 $4,757.88 $4,377.25 $380.63 Heritage Greens Community Development District Series '1997 Special Assessment Bonds Construction Year to Projects Date Amounts Overall Paid/Rec'd by Variance Budget Bond Funds Fay. - (Unfav.) Change Order//14 Littoral Shelf Plantings Change Order t115 Additional Clearing at South Preserve Change Order/116 Sod Lake Banks $11,006.00 $10,180.55 5825.45 $5,111,00 55,111.00 50.00 $25,870.00 $16,815.50 $9,054.50 Stored Materials 50.00 50.00 S0.00 Future Pro_iects total water distrib/sewer co//. 52,375.416.06 52,256,998.79 5118,417.27 $481,043.96 50.00 $481,043.96 total construction costs $4,407,500.00 $3,808,038.77 S599,461.23 total costs overall $6,000,000.00 $5,397,538.77 $602,461.23 available remaining funds $0.00 5753,964.22 (5753,964.22) Balance of Trust Accounts Construction Account Construction Reserve Account total $507,711.22 $246,253.00 $753,964.22 c~...'o~_ OWNER: CONT~OR: CONT~K~ FOR: You arc dircclcd 1o make Iht following changes in thc Contract Atlachments: (List documents ~uppoming change) CHANGE IN CONTRACT PRICE: ()nginal Contract Price Prcvious Change Orders No.. / to No. _ /'~ · . /, ; Contract ]~rice prior 10 Ihis Change Order _ s 2~ ~ ~/ ~/~ ~ ' Nc~~ccrcasc) of this Change Order s ~, W ~ ~ O~ e / Contracl Price with aJI approved Change Orders CHANGE IN CONTRACT TIME: Original Contr-acl Time Net change from previous Change Orders Contract Time Prior to Ibis Change Order Net Increase (dccrcase) of this Change Order Contract Time with all approvcd Change Orders / RECOMMENDED: by EJCDC No. IglO-g.B II"J83 Edmon) APPROVED: 16G Page No. / of , . Phone. Dale PROPOSAL SUBMITTED TO: /z//z. //;, ~ Name: Proiect: Street: Locatmn: City: Design Profess,anal: State: Drawirgs No. Specifications No ~ages Oa~e: Subject to prompt acceptance within days and to all conditions stipulated on the reverse side. we propose to furnish materials and labor at the price(s) set forth below: Item No, Z BID ITEMS Description Quantities Unit / UNIT PRICE TOTAL //. /3. 16G 1 RDMC, INC. 6115 lalewqd Street S.E. Ft. Myers. Flor;de 33912 Phone' 941-275-1166 Fax. 9,41-2 7,5~8 7 4 INVOICE Invoioe NO 2657 Name Bonn~ss. Inc. ,~dd,-e~ P.O. BOx 9140 ?_2' Naples St~'. Florida 34101 Octobor 24, lgg7 Hurltage Greens Qb' 8 8 8 2 6 2O Unit HRS HRS HRS F_A EA LF Description Move fire hydrant et entrance to gel il oul o~' Ina center Fief[rage Greens sign Foreman with sbrvice lruck Laborer JCB 214 with operator Meterials ;6" MJ 90 Degree Bond 6" PVC Mega Lugs with accessories 6" C900 DR14 PVC Pipe '-r ¢-- $ $ $ TOTAL Pdco 420O 200O 55.00 70.00 32.00 4.00 TOTAL 336.00 160 CO 440 00 ~40 00 192 00 80 CO I .3,4~ 00'-' THANK YOU ~howld you hav'~ any que~Jonl pl¢~- c. all BILL TO 1 t,'90 SEWARD AV'E_NUE NAPLES, FI...13942 DESCRIPTION .$2.0~0.00 B:llcd co Dace (l oo% ('omplctc) ; $ 0 ('XI Rcn~aininl~ Balarmc i I 1/13~7 7774 · P.O. NO TERMS i ....... I JOB NUMBER DAVE HURD Duc o, rrrc~pt ' ~7 X I ~ QTY ~:~a, TE AMOUNT Stake Ottt Pole Linc & Easement (F_.ast~Iy Propc~y (./nc) F'P&L · ~ 520.00 Coat , $ ~2') ('ti ri,lied to D~tc ~ 100% Con,pre,e) , · ~'"SD-~'~c O~t Frc, n~ L--~t' .~U'.'.'.'.'.'.'.'.~.~ ~/Cr,xtc for FPLAJTF/C,bl¢ x~ $ 0 ~ning Rala~c ~ ~ ~ $780.~ Bdl~ to ~ (100% C~tplctc) ~ ~ s O,~~i.~B~ ~ ~ PHASE I R ~ ~ ~ 0. O0 ~mm8 B~c¢ ~ Tota I s i.oa~ ~0 ADVANCED GEO-5~TERIALS 5930 YOUNGQUIST ROAD FT. MYERS, FLORIDA 33912 941-481-0344 FAX 481-3900 Invoice Number: 974718 invoice.Date: 11/14/97 Page: I Sold BONNESS CONSTRUCTION TO: P.O. BOX 9140 NAPLES FL 33941 Ship BONNESS CONSTRUCTION To: HERITAGE GREENS PHASE IA ' AGS PROJ ~972056 Ship Date: 11/14/97 Due' Date. : 12/14/97 Terms .... : 2/10, NET 30 I. D. /Desc. Cus~ I.D ..... : 972056 P.O. Number..: P.O. Date .... : 11/14/97 Job/Order No. : Salesperson..: Item Ordered Shipped Unit Price Net ............................................................................. oo.oooo ASPHALT CUTTING COMPACTION TESTING 1600.00 16 LOCATIONS LAB ~ID & 2D 9-12-97 Sub[csal: 1600.00 Tax ..... : 0.C0 Payments: 0.O0 Total...: !600.Cf RDMC, [NC. 6115 Idlewlld Street, S.E. Fort Myers, Florida 33912 TEL: ]. -8 ! 3-275-887.q D ATE: 17. '$? No.OO2 lgG 1 Phone: 941-275-1 Fax # · 941-275.887 November 19, 1997 SUBMITTED TO: Donness, Inc. P O. Box 9140 Naples, Florida 34101 CHANGE ORDER FOR: Heritage Greens Install ~ruclure -~.dB and re-align 30" RCP along Io/line Remove 30" RCP .. Re-install 30" RCP Install storm manhole Mochfy existing Inlet and tie In 30" RCP Remove and re-install existing hoedwall GRAND TOTAL 150 LF 170 LF lEA lEA $ 9,750.00 All materiel is guaranteed to be as specified. All work to be completed In a workmanlike manner accordir~g to standard practices. Any alteration or deviation from the above proposal involving extra coats, will be executed only upon written authorization, and a cost adjustment wlll become necessary to the signed conlract. Robert D: llile,~l<~ws, P~a~lr.~nt /~:¢eDtance of Char,..~, The above prices, specifications and conditions are hereby accepted. You are authorized to do th~ work as ,~pec_Jflecl. Payment will be made and detailed on the attached conditions. Accepmd by: ' Date: Page 1 of 1 RDMC, INC. E~115 IcUew~ld Street S.E. Ft. Myers, FJoride 33912 Phone: ~1-275--1 Fax. S~41- 2 7.5-8~ 74 16 8 HRS HRS INVOICE Invoioe No. sram. Florida z~ 34101 .-.-..___.___ De.cH_~tlon Cut end bury cloering and other "debris" elc~g so.th pr'operty line along fairway #2. Haul tires and other debris to front to be hauled offsllo. 2~)0 excavator with operator V25 haul tr~c~ $ $ TOTAL THANK YOU 2673 November 25, 1997 Heritage Greens TO TAL ,3~:~O. 00 76OO0 RDMC, INC. 611.5 Icllewl[d Strut S E Ft. Myers. F~'~da 33912 Phone 941-275-1166 Fax: 9~ 1-275-8874 Ao~r P.O. BOx 9140 Naples INVOICE Invoh~ No. 2675 Florida 34101 Novembur 25, 1997 Horitege Greens Golf Course Construchon ? .. 16635 Unit De~cdpflo~ Rip Rap - over and above cor~rac~ quantlly. SF Rip Rap Pdce TOTAL TOTAL $ 24,952.50 $ 24 THANK YOU 16G 1 RDMC, INC. 6115 I(~owild Stro~t S.E. Fl. Myers. Florida 33912 Photo: 941-275-1 F ax: 941-275-8874 INVOICE Invoice No. 2674 Bonness. Inc, P. O. Box 9140 Naples Unit 165 CY 231 CY 242 CY 143 CY 44 CY 55 C¥ 3 WK I LS November 25. 1997 Florida ~__p: 34101 Jo~ Heritage Greens I LS De.,cdt~t~on L~meroc~ screemngs for golf cart paths as per Steve 10/13/97 15 [oads at 11 cy 10/14/97 21 loads at 11 cy 10/15/97 22 loads at 11 cy 10/27/97 13 loads at 11 cy 10/28/97 4 loads at 11 cy 10/'29/97 5 loads at 11 cy 313 pen renlal from period 10224 - 11/24 Fuel for drill rigs for Florida Energy Serv~ceB Fuel for generator (Ronto) Pr'ica 3.00 3.00 3.00 3 O0 3.00 3.00 TOTAL THANK YOU TOTAL 495.00 -693.00 726.0O 429 O0 132.00 16500 $ 4,500.00 10,140.00 BBL:::) SLrRVEYORS & ,.X, IAPPERS. [NC. ,4848 OLD US 41, NAPLES. FL 34110 BILL TO BO.N~ESS. [NC. 1990 SEWARD AVEN~'E N.-kPLE$, FL. 33942 16G 1 Invoice DATE INVOICE NO. 12/5;97 7827 P.O. NO. TERMS JOB NUMBER DAVE HL'RD Due on r~eipt ' 97 81 DESCRIPTION HER. ITAGE GREENS CDD CHANGE ORDERS QTY RATE AMOUNT Prepare Li-oral Map S6.380.00 Total Change Orders $6.380.00 Tot,xl B~lled to D~te (t00% Compte~e) :S 0.00 Remaining Balance 400.00 4 O0 O0 Th.tnk you :'ct .~ou~ business Total S-tOO ~ 9412623630 L I PPOLD- ENT ERP-- !2/18/97 14'09 PO2 Dcccmbcl- 18, 1997 TO: F'ROM: Golf Course Con.struction & Renovation D~vid tlurd Bormc~, Inc. Revised Cimngc Order #5 per your rcqucat I-I~rit.~e Groom Project Sod in ~ of ON-! Per your rcqucst, thc following i~ · revised Changc Order #5 to thc Contr~t: :54,850 ~l..fl. of Bahia Sod ~ $.165/sq.fl.- Berm 24,000 ~q. ft. of Bahi- Sod ~ $.165/~q.fl. - Preser~ 1.3,2 Acm GN-1 (~ $975.00/Acr¢ ($1,287.00) Balance Due Change Order Rc,pcctfu~ ~ ~' $II,723.25 4951 Tomiomi Trail North · Suite 12 · Naples. Florida 33940 94 ] -262-2,561 · 800-647-4342 · Fax 041-262-3(330 TO: ~ BONNESS INC. Paving a. nd Sllre,,ork Contzlc/or~ P.O. Box 9140 Naples, Florida 34101 1 [~WORK ORDER [] CHANGE ORDEF [] BACKCHARGE Number ~ DATE JOB ~ATION JOB NUMBER CONTRACT DATE We hereby agree to perform the work specified below; LABOR, MATERIALS, EQUIPMENT RENTAL &/or WORK PERFORMED QTY. RATE EXT. ,~'- CHANGE ORDER. This Change Order becomes part of and in conformance with the existing con- tract. All work to be Performed under same terms and conditions as specified in original contract unless otherwise stipulated. OriginalC°ntract1 TotalPrev. Changes t Amt. of this Change I New Total to Date Accepted - The above prices and specifications are satisfactory and are hereby accepted. REQUESTED & APPROVED Company PROVIOEOBYBONNESSINC. 1090 Dixie Trucking, Inc 1918 40th Terrace S.W. Naples, FL 34116 (941) 352-0079 B:LL Bonhess, Inc P.O Rox 9140 Naples, FL 34101 ,T~M · S'E S C q' :'-. O.,,~ Hauling (Per Load) 3ATE 0/10/97 Heritage C-,eer',s T:ssh Fill Hau'. :.ff QTY Net ~O EOM 50 30 29132 D_,E 11/10/97 930 03 PAYMENT Thank you for calling Dixie Trucking'.!!!! '~.5% Finance Charge if not paid in te:ms. r ; /~. -~:,-~7-~ P.0, Total 5900.0,:. TO: BONNESS INC. P~vtn~ &ncl ~llr~ork Contz~ctor~ P.O. Box 9140 Napl~. Flodda 34101 (941) 597-6221 16G 1 ~_h'~O R K ORDER E~ CHANGE ORDER [] BACKCHARGE Number.._ "~--'1 JOB NAME/LOCATION ~OB NUMBER CONTRACT DATE We hereby agree to perform the work specified below; LABOR, MATERIALS, EQUIPMENT RENTAL &/or WORK PERFORMED CHANGE ORDER. This Change Order becomes part of and in conformance with the existing con- tract. All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated. Original Contract T TotaIPrev. Changes I Amt. of this Change New Total to Date Accepted - The above prices and specifications are satisfactory and are hereby accepted. REQUESTED & APPROVED Company PROVIDED BY BONNESS INC. Heritage Greens Community Development District 16G November 28, 1997 The Ronto Group 277 North Collier Blvd. Marco Island, Fl. 34145 Attention: Jack Solomon Subject: Heritage Greens Community Development District Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. Pay Request # 10 First Union National Bank 1/98-12/98 Series 97 Bond Trustee Fee FedEx #4-316-44779 10/8 Service #4-301-46932 9/24 & 9/25 Service Gary L. Moyer, P.A. 11/97 Management Fee 12/97 Management Fee/Other Services Naples Daily News #1450714 10/23 Meeting Notice #1451826 11/4 Landowners Meeting Young, van Assenderp & Varnadoe #52 9/12-9/23 Representation #53 10/1-10/31 Representation $3,174.58 $10.75 $19.50 $2,666.67 $4,149.1 I $52.38 $167.04 $247.25 $482.80 Total Request: $10,970.08 1 Accordingly, it would be appropriate for The Ronto Group to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain, Heritage Greens CDD 10300 NW llth Manor Coral Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting ?- ~ E ~. 0 '-- Z §~§oo§§°°°§°°°§°°°§°o°° § § § O0 000 000 000 o~oooo§§o§§oooo§ooo~§OOo o g ~ ~ §~g~°°oo o~°°°~o ~ o o~ooooooo§oo§ooo~ooooOO~o . ~ 2 ~ o ~ooo~ooooo~ooo~ooo~oooo §ooog§ooooggoo§§oo§gOOgooo oooooo oo oo 16G §°°§§°°°°§°° oo oooo 0 ooooooo o ~§§ooo~ ooo ~oooooo ooooooo §oo~o ~ ~ 2 ooO~Oo ~ ~ ~ ~ g°°~oooo~ S ~ ~ 00000 cD ~ 0 1 oo oo ooooo ~ ooooo ~ 1 0 0 0 0 0 0 °°~§°° ~ § § O0 O0 ~ooo ~ ~ ~ ooooo~ MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item #___ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. East Naples Fire Control And Rescue District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Annual Financial Report 1997 (b) Public Facilities Report Thank You. :~pectal~peciaf ~"~!i/~;~EAsT NAPLES FIRE CONTROL I:/l iAND RESCUE DISTRICT ~"~:~'~74798 Davis Blvd. Telephone (941) ~4-7111 Naples, FL 34104 Fax (941) 774-1782 March 24, 1998 Mr. James L. Mitchell County Finance Director Collier County Finance Department 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Mitchell: As per Florida Statute 189.415, enclosed you will find a Public Facilities Report for the East Naples Fire Control and Rescue District. Should you have any questions, please don't hesitate to give me a call at {941) 774-7111. Thank you. Sincerely., ~,(~ YZl¼d Ad~ninistrative Assistant YI Enclosure 1 RECEIVED EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 DAVIS BOULEVARD NAPLES, FLORIDA 34104 774-7111 The East Naples Fire Control and Rescue District currently maintains arid owns 4 facilities and 1 vacant parcel of property. In 1995. the department responded to 5,194 fire and/or emergencies. B/C. Do Headquarters 20, and Station 20 are located at 4798 Davis Boulevard. Naples, Florida. Administrative and Fire Prevention activities are conducted from Headquarters 120. and is currently staffed with 9 full-time employees and 1 part-time employee, ' Station 20 currently houses 18 employees. 2 fire department vehicles. 1 supervisor vehicle, and I h~-mat vehicle. Station 21 is the Public Safety Facility located at 1 1121 East Tamiami Trail. Naples, Florida. It currently houses 15 employees and 4 fire department vehicles. Station 22 is located at 5665 Warren Street in the Lely subdivision. This station is the department's maintenance facility. It is staffed with 2 full-time mechanics and 1 part-time mechanic. Station 23 islocated on SR951. 1 mile south of US 41. It houses I fire department vehicle and 1 bus. It is staffed with 9 employees. 5 Year Outlook: The District owns 6 acres on S. R. 951. There are no immediate plans to construct a facility on this site. The District has just recently purchased .53 acres acres on U. S. 41, next to our existing station located in Naples Manor. Preliminary plans call for a building to be constructed for our Fire Prevention Bureau as well as a training classroom. Also if room permits, a separate training tower will bc constructed to enhance our training capabilities. Construction is projected to be completed in 1999. o The District has also purchased .63 acres on Bayshore Drive for the future construction of a fire station. We expect to fund these capital growth items with impact fees. · " 16G ~L No other replacements are expected within the next 10 years. The anticipated capacity of each of the proposed facilities will be a minimum of a 3 bay station with approximately 8 to 12 personnel. Updated 03/98 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax (941) 774-1782 March 24, 1998 Mr. James L. Mitchell County Finance Director Collier County Finance Department 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Mitchell: As per Florida Statute 189.415, enclosed you will find a Public Facilities Report for the East Naples Fire Control and Rescue District. Should you have any questions, please don't hesitate to give me a call at (941) 774-7111. Thank you. Sincerely. ,. YA'.6dl)~nd~ Itrnaa~bvnei t~ s i s t an t Y1 Enclosure 1 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 DAVIS BOULEVARD NAPLES, FLORIDA 34104 774-7111 The East Naples Fire Control and Rescue District currently maintains and owns 4 facilities and 1 vacant parcel of property. In 1995, the department responded to 5,194 fire and/or emergencies. B/C. Do Headquarters 20, and Station 20 are located at 4798 Davis Boulevard. Naples, Florida. Administrative and Fire Prevention activities are conducted from Headquarters 20, and is currently staffed with 9 full-time employees and 1 part-time employee. Station 20 currently houses 18 employees, 2 fire department vehicles, I supervisor vehicle, and 1 haz-mat vehicle. Station 21 is the Public Safety Facility located at I 1121 East Tamiami 'Frail, Naples, Florida. It currently houses 15 employees and 4 fire department vehicles. Station 22 is located at 5665 Warren Street in the Lely subdivision. This station is the department's maintenance facility. It is staffed with 2 full-time mechanics and 1 part-time mechanic. Station 23 is located on SR951, 1 mile south of US 41, It houses 1 fire department vehicle and 1 bus. It is staffed with 9 employees, 5 Year Outlook' The District o',ms 6 acres on S. R. 951. There arc no immediate plans to construct a facility on this site, The District has just recently purchased .53 acres acres on U. S. 41, next to our existing station located in Naples Manor. Preliminary plans call for a building to be constructed for our Fire Prevention Bureau as well as a training classroom. Also if room permits, a separate training tower will be constructed to enhance our training capabilities. Construction is projected to be completed in 1999. 3. The District has also purchased .63 acres on Bayshore Drive for the future construction of a fire station. We expect to fund these capital growth items with impact fees. 1 No other replacements are expected within thc next 10 years. The anticipated capacity of each of the proposed facilities will be a minimum of a 3 bay station with approximately 8 to 12 personnel. Updated 03/98 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax (941) 774-1782 March 30, 1998 RES Mr. Otis Smith Department of Banking and Finance Bureau of Accounting Room 1202, The Capitol Tallahassee, FL 32399-0350 Dear Mr. Smith' Enclosed you will find the Annual Financial Report from our District Please note that our annual audit has not been done. The auditors are scheduled to begin on April 20, 1998. We are submitting this report utilizing our internal financial statements as of September 30, 1997. Once the audit is complete, we will submit another Annual Financial Report containing the audited information. If you should have any questions regarding this matter, please feel free to contact me. Sincerely, / :Ih m 16G c 1 _<r-o m z --t Z Z m 0 IT' 16G 1 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES tg95-96 - t ~':~ c,. -"r" REPORTING ENTITY: }C,~:ur~ c-. ,a;,;..-. ., .~ ,,.,~ ,.~,,,,~,~.c ID NUMBER: REVENUES AND OTtlER CREDITS (31I. 000 THROUGH 390. 000) ~Vhole Dollars Only ACcount No. pescript;ign Amount TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FO~M DBF-AA-403 ("Rev. 10/9/96) 1 ---, ICC.:, FUND GROUP REVENUES AND EXPENDIIURES/EXPENSES REPORTiNG ENTITY: '- ~]" , rQr~ C / ?' ,',~lc: , ;.:5,: .,'r.' ,' REPORTING FUND GROUP: ~-~-,-',-~ :'. t.',, L 1<,,~,- EXPENDITURES AND OTItER DEBITS (511 THROUGH 592) Account No. Object Description TOTAL EXPENDITU~S AND OTHER DEBITS Duplicate this page if additional lines are needed. FO~M DBF-~-403 ~ev. 10/9/96) 2 %Vhole Dollars Only Amount .-?, ,.-L: '.' / '-~ d. 16G 1 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES -.1995-96 REPORTING ENTITY: _~_,'~9 [~tt,t ,.!c'... 't-,'~.:' .. ,r,, ~','.~,' ID NUMBER: REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (311.000 THROUGH 390. 000) 'O,'hole Dollars Only Account No. Description ,Amount ~,5~ . - . .~ _ . TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FORM DBF-A.A-403 (Rev. 10/9/96) I FUND GROUP REVENUES AND EXPENDITURES/EXPENSES -t095~96 ~'4-t ~.- "-i'", ') ,, EXPENDITURES A ND 0 TttER DEBITS (511 THROUGH 592) Account No. Object Description ,,....q,..,_~ t- '~(_'r-' ~./or~;t"cL - TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if' additional lines are needed. FOPM DBF-A.A-403 (Rev. 10/9/96) 2 VVhole Dollars Only t\mount FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 4995~96- i 0,-1 i,~ -- 't '7 REPORTING ENTITY: ~11~,5- f'/~ q~,rv; ;. rD NUMBER' REPORTING FUND GROUP: REVENUES AiVD OTHER CREDITS (311.000 TtIROUGH 390. 000) Whole Dollars Only t\mOunt TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Re,,'. 10/9/96) 1 rd; -7 ~ FUND GROUP REVENUES AND EXPENDITURES/EXPENSES -1-995;96 Ic~ REPORTING ENTITY: REPORTING FUND GROUP: EXPENDITURES AND 0 THER DEBITS (5II THROUGH 592) 8ccount No, Object Description ~"'- "/)C 'r~ 1.~_,/- -t i'L'"L-(_.. ~" " 2_0 ID NUMBER: TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORJVi DBF-AA-403 (Rev. 10/9/96) 2 Whole Dollars Only FUND GROUP REVENUES AND EXPENDITURES/EXPENSES fL'_ 4 // REPORTiNG ENTITY: /C,~:br /' /~,,,.-':',.'-/)£;. ' c,,~:',.~c.'..[D NUMBER: REPORTiNG FUND GROUP: ~ t'47,,c .t {_:,._, > !5: r 'q ~i o lc? ;' REVENUES AND OTHER CREDITS (311. 000 THROUGH 390. 000) Whole Dollars Only Account No. Description Amount TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA.-403 (Rev. 10/9/96) 1 II FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 4-995-96 t ch q q. - ,_~ -~ REPORTING ENTIT Y'.~,%4, REPORTING FUND GROUP: 16G p, Ccount No. EXPENDITURES AND OTttER DEBITS (511 THROUGH 592) Object I Description ( 2-'~,l ; e c - TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FOPM DBF-AA.-403 (Rev. ~019/96) 2 Whole Dollars Only r~mount ."5 MEMORANDUM 16G 11 Misc. Correspondence Agenda Date~ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Golden Gate Fire Control & Rescue District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Annual Local Government Financial Report 1996-1997 (b) Special District Facilities Report March 27, 1998 Thank You. :~pecial~pecial GOLDEN GATE FIRE CONTROL & RESCUE DIETRICT 4741 GOLDEN GATE PARKWAY . NAPLES, FLORIDA 34116-6901 (941) 455-212'i · FAX (941,) 455-7917 SPECIAL DISTRICT FACILITIES REPORT MARCH 27, 1998 The Golden Gate Fire Control & Rescue District operates out of two (2) stations. Station 71 is located at 100 13th Street S.W. and is owned by the Fire District. The second station (Station 70) is located at 4741 Golden Gate Parkway. This station was replaced and expanded in a joint venture funded by both the Fire District and Collier County to now include a sub-station for the Collier County Sheriff and Collier County EMS. The County and the Fire District signed a lease agreement that includes an option to buy out the County and lease space back to them. Station 70 houses the administration offices of the Fire District and includes the inspection offices. The Fire District provides a minimum of three (3) paid personnel 24 hours a day at this station plus an administrative staff currently of four (4), and is assisted overall by fifteen (15) volunteers and off-duty paid staff. Currently the apparatus assigned to Station 70 includes the following: one (1) reserve Class A engine, one (1) quick response rescue truck with fire fighting capabilities, one (]) 3,000 gallon tanker with fire fighting capabilities, one (1) 4X4 brush truck, and one (1) sixty-five (65) foot telesquirt Class n engine. Station 71 includes an assigned staff of two (2) paid personnel 24 hours a day. Equipment housed at this station includes the following: two (2) Class A engines, one (1) 6X6 brush truck, one (1) 4X4 brush truck with CAFS system and one (1) 6,400 gallon semi-tanker. In the fiscal year of 1996/97 the Golden Gate Fire Control and Rescue District responded to 3190 calls for service. This represents an increase of 12.24 percent over the fiscal year of 1995/96. The Fire District has property set aside for future growth through the G.A.C. Trust Fund. One (1) piece is located near the intersection of Golden Gate Boulevard and Desoto Boulevard, and the second piece is located in the northwest corner area cf Everglades Boulevard and 1-75. 16G Special District Facilities Report Golden Gate Fire Control & Rescue District March 27, 1998 Page 2 In addition to the current property set aside, the Fire District has targeted two (2) additional areas to secure property in within the next five (5) years. They include the intersection of C.R. 951 and Davis Boulevard area, and the intersection of Yanderbilt Beach Extension and C.R. 951. The Fire District is currently working on a contract for property in the Davis Boulevard area for closing on in this fiscal year. Due to the rapid increased development occurring and projected for these two areas, some type of facility with a minimum of two (2) bays, three (3) personnel and two (2) vehicles will be needed. Impact fees and increases in ad valorem taxes will continue to be used to pay for capital growth items plus working with new developers, when possible, to provide facilities and/or equipment. Currently, no facilities are planned for replacement within the next ten (10) years. The Golden Gate Fire Control and Rescue District remains committed to the goal of having a minimum of four (4) personnel at every fire or emergency scene within five (5) minutes of call out. REC£1V. I-) m, Z ITl ITl mO'>"-{ ~ 0 0 7 c .<r-O m r- "n rtl m © III III .... I- ~111111 I a-- I 16G 1' FUNI) GROUI) R E V EN U I55 A N I) EX I' EN I) ITU It ES/EX P':" e 1996-97 REI~ORTING ENTITY:Golden Gate Fire Control ID NUMBER: & Rescue District REPORTING FUND GROUP: General Fund 198 REVENUES AND OTIIER CREDITS (311.000 TIIROUGI1390. 000) Whole I)ollars Only ,aCCO,hi No. l)¢$cription A!.nou,t 311 000 Ad Valorem Taxes 1,098,883 342 200 361 000 366 000 369 000 Services-Public Safety-Fire Protection Interest Earnings Contributions & Donations From Private Other Misc. Revenues 102,573 39,121 57 7,093 1,247,727 TOTAl., REVENUES AND OTIIER CREI)ITS Duplicate this page ifadditional lines are needed. FORM DBF-AA-403 (Rev. 10/09/97) 1 FUND GROUI' II.I,;VENUES ANI) EXPENI)ITUII. I;;S/EXI'I,;NSI:;S 1996-97 REPORTING ENTITY' Golden Gate Fire Control & Rescue District REPORTING FUND GROUP: General Fund IDNUM13ER' 198 EXI'ENDI TUR ES A ND 0 TILER DEB I TS (511 TtlROUGII 769) Whole 1)ollars Only 1 Acco..INo, Object Description 522 10 Personal Services 522 30 Operating, Expenses 522 ~ Capital Outlay 522 70 Debt Service 964,187 2~3,896 32~352 4,199 TOTAL EXPENDITURES AND OTIIER DEBITS Duplicate this page i£additional lines are needed. FORM DBF-AA-403 ('Rev. 10/09/97) 2 1 , 244,634 FUND GROUP IIEVIP_,NUES AND EXPENI) ITUR15S/EXPENS ES 1996-97 REPORTING ENTITY: Golden Gate Fire Control ID NUMBER' & Rescue District REPORTING FUND GROUP: special Revenue Fund t98 R E VI£NUES A ND 0 TILER CR ED I TS (311.000 77tROUGH 390. 000) Whole I)ollars Only t\¢count N0, l)¢sgripliOn t\m0unt 361 000 Interest Earnings 43,352 363 200 Impact Fees-Public Safety TOTAL REVENUES AND OTIIER CREDITS Duplicate this page i£additional lines are needed. FORM DBF-AA-403 (Rev. 10/09/97) I 254,063 297,415 16G FUND GROUI' RI£VENUES AND EXPENI)ITUIIIi;S/15XI'ENSI,]S 1996-97 REPORTING ENTITY: Golden Gate Fire Control ID NUMBER: & Rescue District REPORTING FUND GROUP: Special Revenue Fund EXPEND I TUR ES A ND 0 TILER DEB 17'5' (511 TIIROUGII 769) Acco.n! No, Object 522 522 60 l)escrip{iOn Capital Outlay Debt Service 198 Whole Dollars Only ,'\ HI Ol! ~1 t gl, 654 12,631 104,285 TOTAl, EXPENDITURES AND OTIIER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 ('Rev. 10/09/97) 2 16G 1" GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (9.41) 455-7917 March 19, 1998 Auditor General's Office P.O. Box 1735 Tallahassee, Florida 32302-1735 Dear Sir/Madam: The firm of Wentzel, Berry & Alvarez, P.A. recently did a 1996/97 fiscal year audit on the Golden Gate Fire Control & Rescue District. The audit report was received by the Fire District on March 2, 1998. The Board of Fire Commissioners were provided copies of the report for their review. At the regular commission meeting held on March 11, 1998, the Board of Fire Commissioners made a motion, which was unanimously approved, to accept the 1996/97 audit report as presented. As a matter of record, the Golden Gate Fire Control & Rescue District intends to comply with the Rules of the Auditor General Chapter 10.550. REGARDING RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT: There were no management comments for fiscal year end 1997. STATUS OF PRIOR YEAR RECOMMENDATIONS; There were no management comments for fiscal year end 1996. Sincerely, / Tom Henning, Chairman Board o f Fire Commissioners TH/pm GOLDEN GATE FIRE CONTROL & RESCUE 0tSTRICT 4741 Golden Gate Parkway N~les, FL 34116-6901 16G GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997_ GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT TABLE OF CONTENTS SEPTEMBER 30, '! 997 INDEPENDENT ACCOUNTANTS' REPORT PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Notes to General Purpose Financial Statements PART II. OTHER REPORTS Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Management Letter PAGE 2 3 4 5 13 15 16 December 12, 1997 INDEPENDENT ACCOUNTANTS' REPORT Board of Commissioners GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audited the accompanying general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, as of and for the year ended September 30, 1997, as listed in the table of contents. These general purpose financial statements are the responsibility of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT'S management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe thai. our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, as of September 30, 1997, and the results of its operations for the year ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated December 12, 1997 on our consideration of the District's internal control structure and a report dated December 12, 1997 on its compliance with laws and regulations. ALVAREZ, P.A. Codified Public Accountants ~,,n~,~,: ~'l.,.,i .... f.l,~,l~t.l, ,,ft'e,l,f,,,l ".i~,/:.~'...d ...... I,,.1,, Of..,,,/,, .q.,l,/.t, ,.! r.'a,t,fi,.Iu'~.-,,/:,[,~ .°l..-.,,.,,,',,,,t,, .-~:,, ',' . .d '.l-',-,,a, ,'.',,,.p ....... 'd',,,:n., _~',:t ..... PART I. GENERAL PURPOSE FINANCIAL STATEMENTS ACCOUNTGROUPS GENERAL GENERAL TOTAL FIXED LONG-TERM (MEMORANDUM ASSETS DEBT ONLY) 16G 1 $ 0 $ 0 $1,417,585 0 0 35,584 0 0 22,662 2,263,743 0 2,263,743 0 468,326 468,326 0 $ 0 $ 9,091 0 0 40,288 0 73,664 73,664 0 394,662 394,662 0 468,326 517,705 2,263,743 0 2,263,743 0 0 935,3O5 0 0 491,147 2,263,743 .. 0 ...3,690,195 The accompanying notes are an integral part of these general purpose financial statements. -2- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1997 GOVERNMENTAL FUND TYPES SPECIAL GENERAL REVENUE Revenues: - Ad valorem and county taxes ,$1,185,983 $ 0 Fees 15,473 254,063 Interest 39,121 43,352 Miscellaneous ... 7,150 0 Total Revenues Expenditures: Current Pubic safety: Employee costs Outside services Materials and supplies Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess of revenues over expenditures Other financing sources (uses) Excess of revenues and other financing sources over expenditures and other financing uses Fund Balances, September 30, 1996 Fund Balances, September 30, 1997 TOTAL (MEMORAt,~DUM ONLY) $1,185,983 269,536 82,473 7,150 1,247,727 297,415 1,545,142 964,187 0 964,187 178,760 0 178,760 65,136 0 65,136 32,352 91,654 124,006 4,199 12,595 16,794 0 .. 36 36 1,244,634 104,285 , 1,348,919 3,093 193,130 198,223 3,093 193,130 196,223 488,054 742,175 1,230,229 491,147 $ 935~305 The accompanying notes are an integral part of these general purpose financial statements. -3- SPECIAL REVENUE FUND BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) $ 0 $ 0 $ o 200,000 254,063 54,063 0 43,352 43,352 0 0 0 200,000 297,415 97,415 0 0 0 0 0 0 0 0 0 436,080 0 436,080 351,324 91,654 259,670 12,596 12,595 0 0 36 (36) 800,000 ... 104,285 695,714 (600,000) 193,130 793,129 0 0 0 $ (600,000) 193,130 742,175 $. 935.305 The accompanying notes are an integral part of these general purpose financial statements. -4- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 1 ~ G NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reportin.q Entitv GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier County, Florida, and is an independent special district authorized and existing under Florida enabling statute chapter 87-498. The District is operated by a three-person board of commissioners. The General and Special Revenue Funds and account groups include all of the operations and activities relevant to the District. In evaluating the District as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the District's general purpose financial statements. have been addressed. The basic criterion for including a component unit within the District's reporting entity is the exercise of oversight responsibility by the District's Commissioners. Factors other than oversight which may significantly influence the entity relationship, are Scope of Public Service and Special Financing Relationship. There were no entities that required inclusion as a component unit within the District's general purpose financial statements. Additionally, there were no entities, for which there were positive responses to specific criteria used for establishing oversight responsibility that were excluded from the District's general purpose financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows -- Manifestations of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to Significantly Influence Operations, -- Accountability for Fiscal Matters: Budgetary Authority; Surplus/Deficit; Responsibility of Debt; Fiscal Management. and Revenue Characteristics. ' Fund Accounting Tile accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balances, revenues. and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The following fund types and account groups are used by the District: -5- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTINC POLICIES (Continue(I) Governmental Fund Types General Fund - The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. .Special Revenue Fund - The Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in response to growth of the community. Account Groups General Fixed Assets Account Group -The General Fixed Assets Account Group accounts for fixed assets used in the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at estimated fair value on the date donated. The District does not have any infrastructure. No depreciation has been provided on general fixed assets. .Long-Term Debt Account Group - The Long-Term Debt Account Group accounts for long-term liabilities expected to be financed by the District. Basis of Accountinn The General and Special Revenue funds use the modified accrual basis of accounting. Revenues are recognized when they become measurable and available as net current assets. Revenues are recorded as received except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, impact fees and interest. Expenditures are recorded when the liability is incurred, if measurable, except that: a) Disbursements for supplies inventory are considered expenditures at the time of purchase; b) Interest on long-term debt is not accrued, but recorded as an expenditure when due. -6- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Budgetary Process The budget and amendments, if any, are approved by the Commissioners. The budget is prepared on the cash basis which is considered not to be materially different from the modified accrual basis in accordance with generally accepted accounting principles. The annual budget serves as the legal authorization for expenditures. Expenditures cannot legally exceed the total amount budgeted. All budget amendments, which change the legally adopted total appropriation, are approved by the Commissioners. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in these general purpose financial statements for encumbrances. Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget Actual -All Governmental Fund Types ' The budget column of this statement is prepared from the District's adopted annual budget, as amended during the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a cash basis which is comparable to the modified cash basis of accounting for the year ended September 30, 1997. Appropriations lapse at year end. Property Tax Calendar The calendar is composed of the following dates: 1. Lien date - 3rd week in May 2. Levy date July 1 3. Due date March 31 4. Collection dates November through March Taxes and Fees Receivable No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. -7- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIE~ 1 (Continued) Compensated Absences The District's employees earn vacation which may either be taken or accumulated, up to certain amounts, until paid upon retirement or termination. Unused sick leave accumulates and is subject to a reduction if paid in cash upon retirement or termination The liability for compensated absences reflects amounts attributable to employee services already rendered on a cumulative basis which is probable for payment. The liability for accumulated vacation and sick leave is reflected in the long-term debt account group since the liability is not expected to be expended within the next year. Total Column on the Combined Balance Sheet and the Combined Statement of Revenues, Expenditures and Changes in Fund Balances The total column on each combined general purpose financial statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position or results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. Investments Investments are stated at cost, which approximates market value. Florida Statutes allows the Dist,'ict to invest surplus funds in: a) the State operated Local Government Surplus Funds Trust Fund; b) securities guaranteed by the U.S. Government or agencies of the U.S. Government: or c) interest bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State, provided collateral requirements are met. Risk Management it is the policy of the District to purchase commercial insurance for the risks of losses to which it is exposed. The District's risk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current year. -8- GOLDEN GATE ii', NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS I i{ SE.TE BE 30, !1 :'; Cash and cash equivalents held at September 30, 1997 consisted of the following: State Board Investments Account Demand Deposits Petty Cash SPECIAL GENERAL REVENUE FUND FUND $ 458,832 $ 849,124 43,505 66,048 76 0 $ 502.413 $ 915,172 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Florida Statutes. NOTE 3 - CHANGES IN GENERAL FIXED ASSETS ACCOUNT GROUP A summary of changes in the general fixed assets account group is as follows: BALANCE BALANCE SEPT. 30, SEPT. 30, 1996 ADDITIONS DELETIONS 1997 Land Building Fire equipment Equipment Autos and trucks Equipment under capital lease Building under capital lease $ 15,000 $ 0 $ 0 $ 15,000 156,356 0 0 156,356 152,486 1,582 0 154,068 158,711 85,303 0 244,014 941,591 37,121 (14,006) 964,706 164,776 0 0 164,776 564,823 0 0 564,823 Total ~ ~ $ (14~006) .~ -9- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTR SEPTEMBER 30, 1997 16G NOTE 4 - ACCRUED LIABILITIES Accrued liabilities at September 30, 1997, were comprised of the following: Accrued wages payable Payroll taxes payable Retirement contribution payable $ 30,021 2,297 7,970 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP Lease Obligations The District is committed to one capital lease. Capital leases are generally defined as leases which transfer benefits and risks of ownership to the lessee. The cost of building acquired under this capitalized lease is reflected in the general fixed assets account group (Note 3). The District and Collier County have a lease agreement for the facility previously constructed by Collier County to be shared by the District, the Sheriff's Department and Emergency Medical Services. Based on the lease agreement, the lease has been recorded as a non-interest bearing capital lease in the accompanying general purpose financial statements. Following is a schedule of the future minimum payments on the facility capital lease as of September 30, 1997: 1 YEAR ENDED SEPTEMBER 30~ 1998 1999 $ 16,794 2000 16,794 16,794 2001 16,794 2002 16,794 Thereafter 310,692 $ 394,662 -10- GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP (Continued) A summary of changes in general long-term account group is as follows: BALANCE BALANCE SEPT. 30, SEPT. 30, 1996 ADDITIONS PAYMENTS 1997 Compensated absences Capitalized lease - building $ 57,682 $ 15,982 $ 0$ 73,664 ... 411,456 0 (16,79.4) 394,662 4..$____&.6..9~ ¢..____J..5..,..9...8~ $ (16~794) $ 468.326 NOTE 6 - PENSION PLAN OBLIGATIONS All paid District employees are participants in the Florida Retirement System (System), a defined benefit non-contributory multiple-employer, cost-sharing public retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Retirement. The plan covers a total of approximately 790,000 employees of various governmental units within the State of Florida. The System provides for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of service. Early retirement is available after 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years-of-service credit, where average compensation is computed as the average of an individual's five highest years of earnings. Participating employer contributions are based upon State-wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees - 17.66% and special risk employees - 27.50%. On July 1, 1996, rates changed to 17.43% (regular) and 27.10°,/o (special risk). The funding policy provides for monthly employer contributions at actuarially determined rates that are determined using the entry age actuarial funding method. The District's contribution to the plan for the year' ended September 30, 1997 was $168,096 and was paid by the due date for the contribution. This represents approximately 26.6% of the District's covered payroll of $632,751. The total payroll for fiscal 1997 was $633,876. In addition, the District's contribution to the plan for fiscal 1996 and 1995 was $139,666 and $132,658 paid by the required due date for the contribution. -11 - GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 6 - PENSION PLAN OBLIGATIONS (Continued) The pension benefit obligation for the System as a whole, determined through an actuarial valuation was $51.3 billion at June 30, 1996, the date of the most recent actuarial report. The report also indicates that the System had total net assets available for benefits of approximately $44.4 billion at that date resulting in an unfunded pension obligation of $6.9 billion. The total unfunded liability is being amortized over varying periods not to exceed 30 years. The pension benefit obligation which is the actuarial present value of credited prospected benefits, is a standardized disclosure measure of the present value of plan benefits, adjusted for the effects of projected salary increases and step-rate benefits estimated to be payable in the future as a result of employee service to date. A variety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a) a rate of return on the investment of present and future assets of 8 percent per year compounded annually; b) projected salary increases of 5.5 percent per year compounded annually, attributable to inflation; c) additional projected salary increases of 2.0 percent per year attributable to senority/merit; and d) a post-retirement benefit increase of 3 percent per year. The measure is intended to help users assess the System's funding status on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among retirement systems and among employers. The System does not make separate measure of assets and pension benefit obligations for individual employers. Significant assumptions used to compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation. Ten-year historical trend information showing the System's progress in accumulating sufficient assets to pay benefits when due and other pertinent factors are presented in the System's June 30, 1996 Comprehensive Annual Financial Report issued by the State of Florida Division of Retirement. NOTE 7- POST EMPLOYMENT BENEFIT~ The District provides a former fire chief with health and life insurance. The District provides this non-contributory benefit as part of the former fire chief's contract. The District considers this as a pay-as-you-go plan. The District is obligated to pay for these benefits until death. The total health and life insurance premiums paid by the District under this arrangement was $2,015 in fiscal year 1997. -12- 16G 1 PART II. OTHER REPORTS '¥,',,:l:,~1',~ _4 Z_'ll .... , .... ,'_':~-%-I 'J_~,.l:,,.,,J~ Z' _~q ......... /_".~_-I INDEPENDENT ACCOUNTANTS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARD,CC December 12, 1997 Board of Commissioners Golden Gate Fire Control And Rescue District Naples, Florida We have audited the general purpose financial statements oi' the Golden Gate Fire Control And Rescue District (the "District"), as of and for the year ended September 30, 1997 and have issued our report thereon dated December 12, 1997. We conducted our audit in accordance with generally accepted auditing standards and Govemmenl Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The District's management is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1997, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant -13- Golden Gate Fire Control And Rescue District December 12, 1997 Page 2 16G policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively Iow level the risk that errors and irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. Certified Public Accountants INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS December 12, 1997 Board of Commissioners Golden Gate Fire Control And Rescue District Naples, Florida We have audited the general purpose financial statements of the Golden Gate Fire Control And Rescue District (the "District"), as of and for the year ended September 30, 1997, and have issued our report thereon dated December 12, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the Districl is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we pedormed tests of the District's compliance with certain provisions of laws, regulations, contracts and grants. However. the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. WENTZEL, B~RRY &~AI~VAREZ, P.A. ' Certified Public Accountants - 15 - December 12, 1997 MANAGEMENT LETTER 16G 1 Board of Commissioners Golden Gate Fire Control and Rescue District Naples, Florida Commissioners: This letter is in regard to the independent accountants' report on internal control and is prepared in accordance with the Rules of the Auditor General Chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of the date of this letter. The District will prepare the financial report and it will be in agreement with the annual financial audit report for the period ended September 30, 'I 997. I. RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT: There were no repodable conditions identified for fiscal 1997. II. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, as of and for the year ended September 30, 1997, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.550. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. -18- Golden Gate Fire Control and Rescue District December 12, 1997 Page 2 16G We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during our engagement. Should you have any further questions as to this letter, please feel free to call us. Very truly yours, WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants -17- 16G MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department ,'~/,,',~ .".' '1'f .! DATE: May 15, 1998 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. .Key Marco Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Local Government Annual Financial Report (b) General Purpose Financial Statement September 30, 1997 Thank You. ;t~ pecia ~r,l:~Clal April 16, 1998 l e /lllarco Development District 16G 1 General Accounting Manager 2671 Airport Road, Court Plaza Ill P.O. Box 413016 Naples, Florida 34112-3016 Attention: Subject: Mr. Derek Johnssen General Accounting Manager Key Marco Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find lhe following: 1. General Purpose Financial Statements September 30, 1997. 2. There is no Management Letter, or Management Letter Comments. 3. Local Government Annual Financial Reporl. If you have any questions or require any additional information, please contact me. Yours sincerely, KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW~Ids RECEIVED FINANCE District Offices 10300 N'W 1 l th Manor.:.Coral Springs, Florida 33071.:.Phone: (954) 753-0380.:.Fax: (954) 345-1292 REPORTING ENTITY: REPORTING FUND GROUP: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 Key Marco Community Development Distdct ID NUMBER: General Fund 976 REVENUES AND OTHER CREDITS (31f.000 THROUGH 390.000) Account No. Description 363.100 361.000 369.000 Special Assessments Interest Earnings Other Miscellaneous Revenues Whole Dollars Only A. mount $77,466 933 132 $78,531 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-A.A.-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 Key Marco Community REPORTING ENTITY: Development District ID NUMBER' REPORTING FUND GROUP: General Fund 976 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 511 10 512 10 Description General Government- Legislative Whole Dollars Only Amo~li3[ 800 General Govemment- Executive $31,800 513 10 General Government- Financial & Administrative $5,500 514 10 General Government- Legal 3,O74 519 10 Other General Governmental Services 18,229 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) $59,403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES REPORTING ENTITY: REPORTING FUND GROUP: 1996-97 Key Marco Community Development Distdct ID NUMBER: Debt Service Fund 976 REVENUES AND OTHER CREDITS (3f f . O00 THROUGH 390.000) Account No. 363.100 361.000 ..Description Special Assessments Interest Eamin~ls Whole Dollars Only Amount $1,835,462 118,828 $1,954,288 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10./9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 Key Marco Community REPORTING ENTITY: Development District ID NUMBER: REPORTING FUND GROUP: Debt Service Fund 976 EXPENDITURES AND OTHER DEBITS ($11 THROUGH 769) Account No. Object 517 70 517 70 Description Principal Debt Retirement Interest Expense Whole Dollars Only Amount $415,000 1,204,628 517 70 Other Fees & Charges 31,720 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev, 10/9/97) $1,651,348 I I KEY MARCO COMMUNITY DEVELOPMENT DISTRICT GENERAL-PURPOSE FINANCIAL STATEMENTS AS OF AND FOR THE YEAR ENDED SEPTEMBER 30, 1997 1 I I i I I I I I I I i I TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT GENERAL-PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement &Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of'Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Notes to General-Purpose Financial Statements SUPPLEMENTARY INFORMATION Report on Schedule &Special Assessments Levied for Debt Service Schedule of Special Assessments Levied for Debt Service GOVERNMENT AUDITING STANDARDS Independent Auditors' Report on Compliance and on Internal Control Based on an Audit &General-Purpose Financial Statements Performed in Accordance with Government ~4 uditing oCtandard~ MANAGEMENT LETTER RESPONSE TO MANAGEMENT LETTER 1-2 5 6-12 13 14 15- 16 17- 18 19 16G 1 SCHULTZ I CHAIPEL I I i I I I INDEPENDENT AUDITORS' REPORT The Board of Supervisors Key Marco Community Development District Collier County, Florida We have audited the accompanying general-purpose financial statements of Key Marco Community Development District, as of and for the year ended September 30, 1997. These general-purpose financial statements are the responsibility of the Key Marco Community Development District's management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Audit#~g Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are flee of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general-purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of Key Marco Community Development District, as of September 30, 1997, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In the current year, 90 of the 134 special assessments levied were not paid by the respective property owner. These 90 assessments were collected pursuant to Florida Statute Section 197.432 Sale of Tax Certificates for Unpaid Taxes. There can be no assurance that Tax Certificates will be sold in the future if subsequent year's special assessments are not paid by the respective property owner. See also Note 5. In accordance with Government Auditing Standards, we have also issued our report dated November 21, 1997, on our consideration of Key Marco Community Development District's internal control over financial reporting and our tests of its compliance with certain provisions, laws, regulations and contracts. Schultz, Chaipel & Co., L.L.P. November 21, 1997 2 Il' KEY MARCO COMMUNITY DEVELOPMENT DISTRICT COMBINED BALANCE SHEET - ALL GOVERNN[ENTAL FUND TYPES AND ACCOUNT GROUPS September 30, 1997 i6G 1 Gow~nmental Fund T,vl~s Accoun! Groups General Cs~nc'ra~ To~Js Debt Fixed Long-Term 0,{=rnorandum Only) C-e~-r~l Sm-v~ce Assets D~bt 1997 1996 Asaeta and ocher dcblta Ca.~ S 14,497 $ S $ S 14.497 S 10,813 Due fxom o1~ governments 9,811 Due from olfiea' funds 22,757 22,757 Special assessments receivable (Note 3) 12,902,683 12,902,683 13,540.0~9 Accrued intent receivabla 34.173 34,173 35.92'.1 Investments (Note 2) 2.827,661 2,827,661 2,500,459 Oaher assets 500 500 500 Prol:~ly (Note 4) - 10,650,461 10,650,46 1 10,650.461 Amount available in debt sex-vice 2.816.563 2.816,563 2.513,6~ Amount to be provided for r~tir~nent of general long-term debt .,, 10,723,437 10,723.437 _ 11,441.337 Total a.ss~ts $ 37.754 $ 15.764.517 $ 10,650,461 $ 13,540,000 $ 39.99,..73~'~ " $ 40,703.014 LLabntth~ equl~ and o~her credits Llabilll~ea Accounts payable $ 2,636 $ 22,514 $ $ $ 25,150 $ 2'7,891 Due to ol~er funds 22.757 22,757 D~ farted rev'~ue 12.902.683 12.902,633 13,540,089 Bonds payable (Note 5) 13.540.000 13.540,000 13,955,000 Total liabiliti~ 2,636 12,947,954 13.540,000 26,490.590 27,522,980 gqutt7 and e~her ert-dlU Im~a'tm~t in 8en~r~ fixed as~ts Fund balances R~'rved tot' debt service UoreservecL undeaignated Total equi~ and o~et a'edits [0.650.461 10.650.461 I0,650,46[ 2,816.563 . 2.816,563 2.513,623 35,118 . . 35,118 .. 15,990 35. I I 8 2.816,563 10.650,46 1 - 13.502. I-t2 13.180,074 15.764,517 $ 10.650,461 S 13,540,000 $ 39,992,732 S 40,703,054 Total liabilities, equity and olhex crndits $ 37.754 The accompanying notes are an intregal part of these financial statements KEY MARCO COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES For the Year Ended September 30, 1997 Special assessments Interest income Miscellaneous Total revenues Expenditures Current Genera/government Operating expenditures Debt service Principal retirement Interest Other fees and charges Total expenditures Excess revenues over expenditures Governmental Fund Types Debt General Service $ 77,466$ 1,835,462 933 118,826 132 Totals (Memorandum Only) , 1997 1996 1,912,928 $ 1,700,983 119,759 125,548 132 9,802 78,531 1,954,288 2,032,819 1,836,333 59,403 58,479 59,403 415,000 415,000 400,000 1,204,628 1,204,628 1,238,563 31,720 31,720 50,624 59,403 1,651,348 1,710,751 1,747,666 19,128 302,940 322,068 88,667 Fund balances, October 1 Fund balances, September 30 15,990 2,513,623 2,529,613 2,440,946 $ 35,118$ 2,816,563 $ 2,851,681 $ 2,529,613 The accompanying notes are an intregal part of these financial statements 4 KEY MARCO COMMUNI~ DEVELOPMENT DISTR/CT COMBINED STATEMENT OF REVENUES, EXPENDITLS~$ AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - ALL GOVERNMENTAL FUND TYPES For the Year Ended September 30, 1997 1 1 General Fund Budget Actual Special assessments $ 75,816 $ 77,466 Interest income 933 Miscellaneous 132 Total revenues 75/816 78:53[ Variance Favorable .(Unfavorable) $ 1,650 933 132 2,715 Expcnditurea Current General government Operating expenditures Debts service Principal retirement Interest Other fees and charges Total expenditures 76,147 59,403 16,744 76~147 59~403 16,744 Excess revenues over (over) expenditures ( 3 31 ) 19,128 19,459 Debt Service Fund Budget Actual Variance Favorable (Unfavorable) 1,500,962 S 1,835,462 $ 334,500 71,926 118,826 46,900 1,572~888 1,9542.88 381,400 315,000 1,212,095 45~793 I~572~888 415,000 1,204,628 .. 31~720 1~651~348 (1C~.0o0) 7,467 14.073 (78,460) 302.940 302,940 Fund balances, October 1, 1996 Fund balances, September 30, 1997 331 15~990 15~659 35,118 $ 35,118 $ 2,513,62_3 2.816,563 2,513,623 S 2,816,563 Thc accompanying notes are an intregal part of these financial statements 5 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Key Marco Community Development District (the "District") was established June30, 1992, by the Collier County Board of County Commissioners pursuant to Ordinance Number 92-45 and the provisions of Chapter 190, Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community-wide infrastructure. The accounting policies of Key Marco Community Development District conform with generally accepted accounting principles (GAAP) as applicable to governments. Key Marco Developments, a Florida general pannership, is the present major landowner in the District. All members of the Board of Supervisors are employees of the Developer. The following is a summary of the more significant policies: Scope of the District The criteria used in determining the scope of the entity for financial reporting purposes is that of management oversight by the District's Board of Supervisors. All such activities are included in the following funds: Governmental Fund Types General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources for, and payment of, general long-term debt principal and interest and related costs. Account Groups General Fixed Assets and General Long-Term Debt The general fixed assets and general long-term debt self-balancing groups of accounts are used solely to account for the long-term assets and liabilities that are not properly accounted for in Governmental Funds. In Governmental Funds, purchases and sales of long-term assets are recorded as expenditures and revenues. Payments of long-term debt principal are recorded as expenditures in Govern, nental Funds. 6 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Account Groups (Continued) These two account groups are measurement of financial position. operations. not "funds". They are concerned only with the They are not involved with measurement of results of Measurement Focus The General and Debt Service Funds are accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balances (net current assets) are' considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Basis of Accounting The Governmental Funds are accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable and available for use. Expenditures are generally recognized when the liability is incurred. Budgets On August 13, 1996, the District adopted the operating budgets for the General and Debt Service Funds. These budgets are adopted on a basis consistent with generally accepted accounting principles. Unexpended balances expire at year end. Expenditures may not legally exceed budgeted appropriations at the activity level. The District monitors expenditures-to-date on a monthly basis to avoid exceeding the budget, but does not use formal encumbrance accounting. Fixed Assets All property including infrastructure assets are recorded at cost. No depreciation has been provided on general fixed assets. 7 ! KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 1 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Totals (Memorandum Only) Column The totals columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or changes in financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Comparative Data Comparative total data for the prior year have been presented in the accompanying general-purpose financial statements in order to provide an understanding of changes in the District's financial position and operations. However, comparative data have not been presented in all statements because their inclusion would make certain statements unduly complex and difficult to understand. NOTE 2 - CASH AND INVESTMENTS Florida Statutes provide that each special district may deposit its public funds in the Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All such deposits are classified as fully insured. Florida Statutes also provide that Special Districts may invest in secuhties limited to obligations of the U.S. Government, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual funds which invest in only the aforementioned securities. The bond resalution provides similar limitations on authorized investment securities. All deposits and investments during and at the end of the year were in compliance with statutes and the bond resolution. At September 30, 1997, the carry/ng amount of the District's deposits was $14,497 and the bank balance was $14,710. These deposits were entirely covered by federal depository insurance or by collateral pursuant to the Florida Security for Public Deposits Act (Florida Statutes Chapter 280). KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 NOTE 2 - CASH AND INVESTMENTS (Continued) The following is a schedule of the District's investments at September 30, 1997: Mutual funds money held by bond trustee U.S. Government and Agencies securities held by the bond trustee in the District's name Totals (Memorandum Only) Cost Market $ 1,402,389 $1,402,389 1,425,272 1,426,340 $2~827~.661_ $_2~ NOTE 3 - SPECIAL ASSESSMENTS Current Year Levy On August 13, 1996, the Board adopted Resolution 96-4 levying non-Ad Valorem Special Assessments for the purpose of meeting the debt service and operation and maintenance requirements of the District for fiscal 1997. The amount levied was $1,505,607 for debt service and $75,816 for operations and maintenance. Special Assessment Outstanding Special assessments receivable, beginning of year Principal component of current year debt service levy Prepayments $13,540,089 (335,000) (302,406) Special assessments receivable, end of year NOTE 4 - PROPERTY Property in the general fixed assets account group consists of infrastructure assets (roadways, bridges, water management and street lighting) and water, sewer and irrigation facilities. A Certificate of Substantial Completion was issued on July 7, 1995. NOTE 5 - BONDS PAYABLE On December 23, 1992, the District issued Special Assessment Revenue Bonds, Series 1992 in the amount of $14,460,000 dated December 29, 1992, bearing 8.75% interest. 9 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ~, 6 6 NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 NOTES- BONDS PAYABLE (Continued) Statutes and to the assessment rolls approved by resolutions of the District. The collections are to be strictly accounted for and applied to the debt service of the bond series for which they were levied. The District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the bonds. However, payment of principal and interest on the bonds is dependent on the money assessmentsaVailable in levied.the Debt Service Accounts and the Distfict's ability to collect special Of the amounts levied during the year ended September 30, 1997, $1,126,965 was received from the Tax Certificate Sale for delinquent special assessments. At the time of the Tax Certificates Sale, special assessments on 90 lots were delinquent. The non- payment of the District's special assessments for debt service associated with the District's Series 1992 Bonds along with the non-payment of the operations and follows: maintenance assessment may create a significant loss contingency which is estimated as Debt Service Bond principal outstanding allocable to Operations/maintenance Current year assessments allocable to the 90 lots $. 50.9_2[ The bonds are subject to mandatory redemption at par on a schedule of annual redemptions beginning December I, 1995, through maturity December I, 2013. The District is required to redeem the bonds at par prior to scheduled maturity from the proceeds of any assessments prepaid in full or monies received as a result of condemnation or destruction of the project. The bonds are subject to redemption at the option of the District at par on or after December 1, 2008, or at a premium between December 1, 2002 and November 30, 2008. Interest is payable on the first day of each June and December, and commenced June 1, 1993. 10 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 16G 1 1 NOTE 5 - NOTE 6- BONDS PAYABLE (Continued) A summary of changes in Bonds payable during the year follows: Bonds payable at October 1, 1996 Principal retired Bonds payable at September 30, 1997 $13,955,000 415,000 $13.540.000 The following is a schedule of debt service requirements for the next five years and thereafter: Principal Interest September 30, Due Due Total 1998 $ 335,000 $1,170,094 $ 1,505,094 1999 365,000 1,139,469 1,504,469 2000 400,000 1,106,000 1,506,000 2001 430,000 1,069,688 1,499,688 2002 470,000 1,030,313 1,500,313 Thereafter 11,540,000 7,608,561 19,148,561 $13.124.12~ $ 2 6: 6_6_4_. J 2_.~5 $1__3.540.000 DEBT SERVICE RESERVE The Indenture provides for a Debt Service Reserve Fund which shall be held by the Trustee separate and apart from all other funds. The Debt Service Reserve Fund requirement is the lesser of: (a) the maximum principal and interest requirements in the current or any future bond year; or Co) the maximum amount allowed under the Internal Revenue Service Code, which is ten percent (10%) of the bond proceeds. The following is a schedule of reserve requirement and account at September 30, 1997: Special Assessment Revenue Bond, Series 1992 Reserve Requirement $1,446,000 balance in the reserve Reserve Balance $1,446,000 The remaining fund balance is reserved for the payment of principal and interest. 11 I Ill l Il Il - I Il I Illl Illllllllllll I ........ [[ -- - .[ [~n~.,.,,,.,,,, ,r--- ,,- KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1997 NOTE 7 - EXPENDITURES IN EXCESS OF APPROPRIATIONS The Debt Service Fund reported total expenditures in excess of appropriations. This resulted fi.om additional principal payments being made during the year. The Bond Resolution calls for the payment of bond principal upon the receipt of prepaid assessments. 12 SUPPLEMENTARY INFORMATION REPORT ON SCHEDULE OF SPECIAL ASSESSMENTS LEVIED FOR DEBT SERVICE SCHULTZ CHAIP Board of Supervisors Key Marco Community Development District Collier County, Florida Our report on our audit of the general-purpose financial statements of Key Marco Community Development District for the year ended September 30, 1997, appears on page 1. That audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The Schedule of Special Assessments Levied for Debt Service is presented for the purpose of additional analysis and is not a required part of the general-purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general-purpose financial statements taken as a whole. Schultz, Chaipel & Co., L.L.P. November 21, 1997 13 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT SCHEDULE OF SPECIAL ASSESSMENTS LEVIED FOR DEBT SERVICE For the Year Ended September 30, 1997 Special Assessments levied for debt service Add: Amounts prepaid by lot owners Less: Amounts collected during the year ended September 30, 1997, including prepayments Special Assessments receivable at September 30, 1997 $1,500,962 302,406 (1,803,368) $ Ofthe amounts collected during the year ended September 30, 1997, $1,126,965 was received from the Tax Certificate Sale for delinquent special assessments. At the time of the Tax Certificate Sale, special assessments on 90 lots were delinquent. 14 16G 1 SCHULTZ CHAIPEL INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERNMENT AUDITING STANDARDS To the Board of Supervisors Key Marco Community Development District Collier County, Florida We have audited the general-purpose financial statements of the Key Marco Community Development District ("the District") as of and for the year ended September 30, 1997, and have issued our report thereon dated November 21, 1997. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Stw~dards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's general-purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. 15 I !! lOG Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general-purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of the management of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. Schultz, Chaipel & Co., L.L.P. November 21, 1997 16 MANAGEMENT LETTER SCHULTZ CHAIPEL ,"40 t! Honorable Board of Directors Key Marco Community Development District Collier County, Florida We have audited the general-purpose financial statements of the Key Marco Community Development District (the "District"), whose headquarters are located in Coral Springs, Florida, as of and for the fiscal year ended September 30, 1997 and have issued our report thereon dated November 21, 1997. We have issued our Independent Auditors' Report On Internal Control Structure and our Independent Auditors' Report On Compliance With Laws and Regulations both dated November21, 1997. Disclosures in those reports, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards, and Government Auditing Standards issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1)(01.) require that we comment as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. There were no irregularities disclosed in the preceding annual report. The Rules of the Auditor General (Section 10.554(1)(02.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been followed. The recommendations made in the preceding annual financial audit report have been corrected. As required by the Rules of the Auditor General (Section 10.554(1)(03.), the scope of our audit included a review of the provisions of Section 218.503(I), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that the Key Marco Community Development District is in a state of financial emergenzy as a consequence of the conditions described in Section 218.503(1), Florida Statutes. 17 I ! I ! ! ! ! ! As required by the Rules of the Auditor General (Section 10.554(1)(04.), we determined that the annual financial report of the Key Marco Community Development District for the fiscal year ended September 30, 1996, was filed with the Department of Banking Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1996. The Rules of Auditor General (Sections 10.554(1)(06.,7.,8.,9.) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on the interna! control structure or compliance: recommendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed no matters required to be disclosed by Rules of Auditor General (Sections 10.554 (I)(f)6.,7.,8.,9.). The Rules of the Auditor General (Section 10.554(1)(010.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the general-purpose financial statements. The Key Marco Community Development District was established by the Collier County Board of County Commissioners pursuant to Ordinance Number 92-45 and the provisions of Chapter 190, Florida Statutes. This management letter is intended solely for the information of the Key Marco Community Development District and management, and the State of Florida Office of the Auditor General. However, this report is a matter of public record and its distribution is not limited. Schultz, Chaipel & Co., L.L.P. November 21, 1997 18 l{et lIlarco Community Development District · ;an uar¥ '13. "998 Schultz, Chaipel & Co, L.L.P. 12660 World P~aza Lane Fort Myers, Florida 32907 [)ear Sir' Pursuant to the Rules of the Auditor General Section 10.55;'(11 this letter serves as our written- statement of explanation. i am pleased that you have reported no findings in your report, dated November 21, 1997 on Compliance and on Internal Control and that ,ecu repnrted ¢o management comments in the current or prior year management letters look forward to working with your firm m the future. Sincerely, KEY MARC(') COMMUNITY DEVELOPMENT DiS FRK'.'I ~James P Ward Assistant District Manager District Offices 19 10300 NW llth Manor-:.Coral Springs, Florida 33071-;.Phone: (954) 753-0380-.'.Fax: (954) 345-1292 MEMORANDUM 16G Misc. Correspondence Agenda Date~ Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager /?~'""' Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda DATE: RE: Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Fiddler°s Creek Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Local Government Annual Financial Report (b) General Purpose Financial Statement September 30, 1997 (c) Minutes of Meeting held February, 1998 Thank You. ...... iddlerr$ Greek ~ommunlt~ Development Dlstric~ 166 April 6, 1998 General Accounting Manager 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Fiddler's Creek Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 1997. 2. There is no Management Letter, or Management Letter Comments. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Randolph G. While Director of Accounting RGWllds Enclosures 10300 NW 111~ Manor. Coral Spdngs, Florida 33071..Telephone (954) 753-5841..Fax (954) 345-1292 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERAL FUND 1086 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 366,000 Contributions and Donations from Private Sources Whole Dollars Only Amounl $89,365 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) $89,365 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERAL FUND 16G 1086 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Whole Dollars Only Account No. Object Description Amount 511 10 512 30 514 30 519 3O Supervisors Fees ManagementFees Le~alFees $8,000 Other General Governmental Services 33,000 29,905 13,923 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) 2 $84,828 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUND 1086 REVENUES AND OTHER CREDITS (311,000 THROUGH 390.000) Account No. Description 361.000 Interest Earninc~s 384.000 Debt Proceeds Whole Dollars Only Amount $177,453 4,654,956 $4,832,409 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) REPORTING ENTITY: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUND 16G 1 1086 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. ., Object Description 517 70 Interest Expen se Whole Dollars Only Amount $589,459 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) $589,459 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUND 1086 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 Interest Earnincjs 384.000 Debt Proceeds 389,900 Other Nonoperatin~ Sources Whole Dollars Only Amount $320,587 15,555,044 455,0,44 $16,330,675 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-A.A.-403 (Rev. 10/9/97) REPORTING ENTITY: REPORTING FUND GROUP: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: CAPITAL PROJECTS FUND 10~6 E~PENDITURES AND 0 THER DEBITS (5'11 THROUGH 769) Account No. Object Description 538 60 Capital Outlay Whole Dollam Only Amount $10,771,557 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) $10,771,557 16G 1~ FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 1997 16G TABI,E OF CONTENTS Independent Auditor's Report .................................................. I General Purpose Financial Statements: Combined Balance Sheet - All Governmental Fund Types and Account Groups .............................................. 2-3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types ............................................. 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Notes to General Purpose Financial Statements ................................ 6-14 Other Auditor's Reports: Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Governmental Auditing Standards ............... 16-17 Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government A mhting Standards ....................................... 18 Report on Compliance with Certain Bond Terms, Covenants, Provisions and Conditions ................................................. 19 1 DASZKAL, BOLTON & MANELA CERTIFIED Pt;BI.lC ACf'OUNTANTS A P.'..RTNER.'q I l P OF PROFESSIONAl, ASSO( 'IATIONS 166 2.10 W. PAL.MET ro PARK Re)AD. SUITE 300. BOCA R. XTON. FI,ORIDA 33432 TELEPII()NE (,¢~1)367.1040 FAX JF. FFRF, Y A,. BOI,TON. ('PA, P.A. MICII.~,EI, I. DASZK,*sl. CPA. P.A. RO BERT ~. M,'L'",'E 1~. CPA. TIMO]'llY R. DE',,'IJ.",'. CPA. P.A. .M F~M B ER OF TIlE A.hlERICAN INST]TI-fE OF CERTIFIED I'UBI.IC ACCOL.'N-FA.N'TS INDEPENDENT AUDITOR'S REPORT 2 Board or' Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District, (the "District"), as of, and for the year ended September 30, 1997, as listed in the table ofcontents. These general purpose financial statements are the responsibility of Fiddler's Creek Community Development District's management. Our responsibility is to express an opinion on these genera[ purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Governme,t Attditing Standards', issued by the Comptroller General ofthe United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are tYee of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all mater/al respects, tile financial position of the Fiddler's Creek Community Development District. as of September 30. 1997. and the results of its operations for the year then ended, in conformity with generally accepted accounting principles. In accordance w/th Gorer, me,t Auditing Stamtard~. we have also issued a report dated January 14. 1998 on our consideration of Fiddler's Creek Community Development District's internal control structure and a report dated January 14. 1998 on its compliance with laws and regulations. Boca Raton, Florida January 14, 1998 -1- 16G 16G 'j 'j FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Defining the Governmental Rep. orting. Entij.y Fiddler's Creek Community Development District (tile "District") is located in the metropolitan Naples area of Collier County, Florida and consists ofapproximately 1,389.8 acres. The District was established to provide public improvements and to deliver community development systems, facilities and services in the area of the District thereby providing a solution to the County's planning, management and financing needs for delivery of capital infrastructure within that portion of Collier County encompassed by the District. The District is a community development district organized and existing under the Florida S:atutes. It was established on July 23, 1996, pursuant to The Unit~orm Community Development District Act, Chapter 190, Florida Statutes, as amended (the "Act"). The Act was passed in 1980 to provide a uniform method for the establishment &independent districts to manage and finance basic community developments throughout the State of' Florida. The Act provides legal authority for community development districts to manage and finance tile acquisition, construction, operation and maintenance ofthe major infrastructure for community development. The Act provides for a five-member Board of Supervisors to se~'e as tire governing body of the District. Members of the Board of Supervisors must be residents of'tlre State and citizens off the United States. Initially, the members were designated and appointed in the f'ormative petition and the rule establishing the District. Thereafter, the members are elected on an at-large basis by the owners of'property within the District. Basis of Accounting and Measurement Focus The District uses modified accrual basis of accounting for governmental thnd types whereby revenue is recognized when it becomes both measurable and available. Measurable means the amount can be determined. Available means collectible with the current period or soon enough thereafter to pay current.liabilities. Expenditures are generally recognized tinder the modified accrual basis of accounting when tire related fi. md liability is incurred except for principal and interest on general long- term debt which are recognized as expenditures in the year due. The acceunts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for using a separate set of'self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes tbr which they are to be spent and the means by which spen:ting actMties are controlled. Tire various funds are grouped by type in the financial statements. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting and Measurement Focus (Continued) Government Fund Types - These fund types are accounted for using a current financial resources measurement focus. This means that only current assets and current liabilities are generally included in the balance sheets. Therefore, Governmental Fund Type oper.ating statements present increases (revenue and other financing sources) and decreases (expenditures and other financing uses) in net current assets. The government fund types of the District are: General Fund - The General Fund is the general operating fund of the District. It accounts for all financial resources, except those required to be accounted for in another fund. Debt Service Fund - The Debt Service Funds is used to account for the accumulated resources for the payment of general long-term debt principal, interest and related costs. Capital Projects Fund - The Capital Projects Funds is used to account for financial resources to be used for the acquisition or construction of major capital projects. Account Groups - The General Fixed Assets Group and the General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all fixed assets of'the District. General Long-Term Debt - This self-balancing account group is used to account for all long-term debt of the District. Fixed Assets Fixed assets t,sed in governmental fund types are recorded in the General Fixed Assets Account Group at cost or estimated historical cost if purchased or constructed. Major fixed asset additions are financed primarily from bond proceeds. No provision is made for depreciation ofassets in the General Fixed Assets Account Group. Investments Investments are stated at cost. -7- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE ! - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Long-term Obligations The District reports long-term debt ofgovemmental funds at face value in the general long-term debt account group. For governmental fund types, bond discounts and issuance costs are recognized in the current period. Bond proceeds are reported as another financing source net of discount. Bonds were issued to finance capital improvements, therefore, issuance costs are reported in the capital project's fund. Designated Fund Equity Designations of fund equity are used to show the amounts within unreserved equity which are intended to be used for specific purposes but are not legally restricted. Budgets and Budgetary'. Accounting Annual budgets are adopted on a basis consistent with generally accepted accounting principals for the General and Debt Service Funds. All annual appropriations lapse at the fiscal year end. Each year, Management of the District prepares a proposed operating budget for the fiscal year which includes proposed expenditures and the means of financing them. Estimated beginning fund balances are considered in the budgetary process but are not included as budgeted revenues. Furthermore, expenditures may not exceed appropriations at the fund level. The proposed budget is submitted to the Board of Supervisors for approval and formal adoption. Prior to adoption, hearings are held to obtain public comments. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not used by the District. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results ofoperations in conformity with generally accepted accounting principles..Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. -8- i i I I I I IIIII Ill II ii iii ....... ~"l FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 1 NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE i - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assessments Under certain Florida Statutes, the District has the power to levy and assess taxes on taxable real and tangible property and to levy special assessments on specially benefitted lands, with the District to pay principal and interest on bonds issued and provide for sinking or other funds established in connection with such bond issues. NOTE 2- CAStl AND INVESTMENTS _Deposits At September 30, 1997, the carrying amounts ofthe District's deposits were $46,096. These deposits were covered by Federal Depository Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. It is the District's policy for all deposits to be made into and held by financial institutions designated by the Treasurer ofthe State of'Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. Collateral is pooled in a multiple qualified public depository institution pool with the ability to assess members and recover losses in the event of a default or insolvency. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and the reporting requirements of the qualified public depository is defined by the Statute. The District has not experienced any losses in its cash accounts and believes it is not exposed to any significant credit risk to cash. Investments The District's investment policy allows investments only in: Local governmental surplus funds, trust funds or any intergovernmental investment pool. 2. Securities and Exchange Commission registered money market funds. 3. Savings accounts in state certified qualified public depositories. 4. Certificates ofdeposits in state certified qualified public depositories. 5. Other obligations permitted under the laws of the State of Florida. -9- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 2 - CASH AND INVESTMENTS (Continued) The District's investments at September 30, 1997 are categorized below by type to give an indication of the level of risk assumed by the District at year-end. Category 2 is defined as deposits and registered investments held by a pledging financial institution's trust department or agent in the District's name. Institutional Money Market Funds Approximate Category Carrying Market 2 Amount Value $9,760,509 $9.760,509 $9,760,509 1 NOTE 3 - CtlANGES IN GENER2kL FIXED ASSETS The summary ofchanges in general fixed assets for the year ended September 30, 1997 is as follows: Construction-in-progress Balance Balance October 1, September 30. 1996 Additions Deletions 1997 -I0- The 1996 Bonds are the first series of Bonds issued under a resolution authorizing bonds not to exceed the amount of $93,295,000. The following is a summary ofthe 1996 Bonds outstanding at September 30. 1997: Special Assessment Revenue Bonds Series 1996 Due 2003 Bonds payable. OCtober !, 1996 Bonds issued Bonds payable, September 30, 1997 Original date of bond issue 20.210.000 ~$~_0,2J_O,OOQ December 1, 1996 Final maturity date Interest rate May 1, 2018 7.50% The following are the annual requirements to pay bonded indebtedness outstanding at September 30. 1997: Series 1996 Bonds (Due May 1, 2018): Year Ending September 30 Principal Interest Total 1998 $ 1999 450.000 2000 485.000 2001 525.000 2002 565.000 2003-2018 18,185,000 -11- $ 1.515,750 $ 1.515.750 1.515.750 1.965.750 1,482,000 1,967.000 1.445,625 1,970,625 1,406,250 1,971,250 13,714,875 31,899,875 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 1 NOTE 4 - BONDS PAYABLE (Continued) Payment of the principal and interest on bonds outstanding is collateralized by special assessments. The proceeds of the 1996 Bonds are being used to finance capital improvements, including surf'ace water management and control systems; water and wastewater facilities; roadways; landscaping and security walls; recreational facilities; security systems and parks. The proceeds will not be used for operation and maintenance of these facilities. Redemption Provisions ..Optional Redemption The 1996 Bonds may, at the option of the District, be called for redemption as a whole, at any time, or in part on any payment date, beginning May I, 2007 to mandatory redemption beginning May 1, 1999 and to extraordinary, mandatory redemption, at the redemption prices (expressed as percentages of principal amount) set forth in the following schedule plus accrued interest from the most recent payment date to the redemption date. ...Redemption Periods Redemption Prices May 1, 2007 to April 30, 2008 May I, 2008 and thereafter 101% 100% Mandato _fy Redemption The i 996 bonds maturing on May !, 1999 are subject to mandatory redemption by lot prior to their scheduled maturity from monies in the 1996 Bond Sinking Act Fund Account at the redemption price of the principal amount thereof, without premium, together with accrued interest to the date of redemption on May 1 of the years and in the principal amounts set forth below: -12- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4- BONDS PAYABLE (Continued) May I of Principal Principal Year Amount Year Amount 1999 $450,000 2009 $ 955,000 2000 485,000 2010 1,030,000 2001 525,000 2011 1,110,000 2002 565,000 2012 1,200,000 2003 610,000 2013 1,290,000 2004 660.000 2014 1,395,000 2005 710,000 2015 1,500,000 2006 765,000 2016 1,620,000 2007 825,000 2017 1,745,000 2008 890,000 2018 1,880,000 Extraordinary, Mandatory Redemption The 1996 Bonds are subject to extraordinary, mandatory redemption prior to maturity, in whole or any date or in part on any payment date, and if in part, in inverse order of maturity and by lot in the manner determined by the Trustee. at the redemption price of 100% of the principal amount thereof, without premium, together with accrued interest to the date of redemption, if and to the extent ~hat any one or more ofthe following will have occurred: (a) on or after the Date ofCompletion ofthe 1996 Project, by application of monies transferred t?om the 1996 Acquisition and Construction Account to the 1996 Prepayment Subaccount in accordance with the terms of the Indenture; or (b) prepayments shall have been deposited into the 1996 Prepayment Subaccount; or (c) amounts on deposit in the 1996 Reserve Account, on the date on which the amount on deposit therein together with other monies available therefore, are sufficient to pay and redeem all of the 1996 Bonds then outstanding. Bond Resolution The bond resolution and trust indenture with a Florida bank established certain accounts and determined the order in which certain revenues are to be deposited into these accounts as outlined in Article V &the Master Trust Indenture. -13- 1 FIDDLER'S CREEK COMMUNrrY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4 - BONDS PAYABLE (Continued) Construction Reserve Account Proceeds received from the sale of the 1996 Bonds, after deducting costs of issuance, accrued interest, capitalized interest and the 1996 reserve requirement, were deposited to the Construction Reserve Account. At September 30, 1997, the balance in the Construction Reserve Account of $5,535,055 was included in Capital Projects Fund investments. 1996 Reserve Account The 1996 Reserve Account will be funded from proceeds ofthe 1996 Bonds to the least of(a) the maximum annual debt service requirement for all outstanding bonds, (b) 125% of the average annual debt service for all outstanding bonds, or (c) the lesser of(i) the aggregate of 10% of the proceeds &the 1996 Bonds or (ii) the principal amount &the 1996 Bonds outstanding. At September 30, 1997, the Reserve Account balance of$2,215,018 is included in Debt Service Fund investments. Interest Reserve Account The amount deposited into the Interest Reserve Account, together with other amounts on deposit, will equal the amount ofthe interest payable on the 1996 Bonds at the payment date. At September 30, 1997, the Interest Reserve Account balance of $2,010,436 is included in Debt Service Fund investments. NOTE 5 - RELATED PARTY TRANSACTIONS 95 ! Land Holdings Joint Venture, ("Developer"), is a major land developer and sole landowner of the land xvithin the District. In September 1996, the Developer, as sole landowner ofthe District, elected the Board of Supervisors. The Developer reimburses the District for all operating expenses of the General Fund. NOTE 6 - MANAGEMENT AGREEMENT The District has executed an agreement dated August 20, 1996 with a management company to perform management advisory services which includes financial and accounting advisory services. Under the terms of the agreement, the district compensates the management company for certain expenses such as travel, express mail, word processing, long distance telephone, postage, photocopying, courier and computer services. OTHER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA CERTIFIED PI;BI,lC AC¢'OUNTANT$ ,% PARTNERSIIIP OF PROFESSIONAL ASSCX;IA'FIONS 140 W. PAIo,METTO PARK ROAD. SUITE $00 · BOCA RATON. FLOR/DA 33432 TEI,EPIIONE (561D67.1040 FAX (561)750-3256 JEFFREY A. BOIoTON. CPA. I'.A. .MICI IAEI, I. DA.~ZK,%I, (TPA. ROBERT ,~..M AN'EI~%. CPA. P.A. TLMO17IY R. DEVLIN. CPA. P.A. M EMBER OF Tllg ,EM ERIC,LN' OF CERTIFIED PUBLIC ACCOU~'TA.N"I'S INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board oF Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District (the "District") as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standard¥, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of' the District is responsible for establishing and maintaining an internal control structure. In Fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives oran internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss From unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal controls structure, errors or irregularities may nevertheless occur and not be detected. Also. projection of any evaluation of the structure to thture periods is subject to the risk that procedures may become inadequate because ofchanges in conditions or that the effectiveness of the design and operation of'policies and procedures may deteriorate. -16- - P the District for the year ended September 30, 1997, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute ot~Certified Public Accountants. A material weakness is a condition in which the design or operation oFone or more of'the specific internal control structure elements does not reduce to a relatively Iow level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended solely For the Board of'Supervisors, the District's management, the Auditor General oFthe State of Florida and other state and Federal audit agencies. However, this report is a matter oFpublic record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -17- DASZKAL, BOLTON & MANELA CERTIFIED J'UBLIC ACCOUNTANTS A PARTNERSIIIP OF PROFESSIONAL ASSOCIATIONS 24¢! W. PAI,METTO PARK ROAD. SUITE 300 · BOCA RATON. FLORIDA 33432 TEI,EPIIONE (561)367.1040 FAX (561)750-3236 JEFFREY A. BOLTON. CPA. MlCllAEL L DASZKAI~ CPA. P.A. ROBERT A. MANEI.A. CPA. P.A. TLMOTI[Y R. DF, VI,IN. CPA. MEMBER OF 'I'llE A.M ERICA."V LN.,, I l I tYl'g 0 F CERTIFIED PUBLIC ACCOUN'I'A.N'r$ INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District (the "District") as &and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and Government Audi#t~g Standardv, issued by the Comptroller General of the United States and Section ii .45(3)(a)(4) of Florida Statutes. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations and contracts applicable to the District is the responsibility of the District's management. As part of'obtaining reasonable assurance about whether the general purpose financial statements are free of'material misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations and contracts. However, the objective of our audit of the financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under (;ol,ernment Attditittg Stattdard~. This report is intended solely for the Board of'Supervisors, the District's management, the Auditor General of the State of Florida and other state and federal audit agencies. However, this report is a matter of'public record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -18- 16G DASZKAL, BOLTON & MANELA ~'ERTIIrlED PI~BLIC. ACCOUNTANTS A PARTNERSIIIP OF PROFESSIONAL AS.~A~)CIATIONS 240 W. PALMETTO PARK ROAD. SUITE ..100 · BOCA RATON, FLORIDA 33431 TEI,EPIIONE (561)367.1040 FAX (561)750-32~6 JEFFREY A. BOLTON. CPA. P.A. .%flCI b~,EI, I. DASZI~AI,, CI'A. RO BIr, RT ,g .M,~NF, I,M CPA, P.A. TLMOTHY R. DF. VI,IN, UP/L P.A. M £M B ER O F 'D l E AM £RI C ,s.."4 LN':', ~i fLrl~ OF CERTIFIED PUBLIC ACCO I. LN~'A.N-r$ REPORT ON COMPLIANCE WITH CERTAIN BOND TERMS, COVENANTS, PROVISIONS AND CONDITIONS Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited, in accordance with generally accepted auditing standards and Governmen! Auditing Standardv. issued by the Comptroller General of the United States, the general purpose financial statements of Fiddler's Creek Community Development District (the "District"), as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. In connection with our audit, nothing came to our attention that caused us to believe that there was an event of Default as defined by Section 8.2 of the authorizing resolution for the Special Assessment Revenue Bonds, Series 1996 insofar as they relate to accounting matters noted in Articles IV and V. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. This report is intended solely for the use of the Fiddler's Creek Community Development District, the Auditor General of'the State of Florida and other state and federal audit agencies and should not be used for any other purpose. However. this report is a matter of public record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -19- Land Deuelopment 0 blanagement Consultant 16G 1 Date: Memorandum To: Reference: From' April 2, 1998 10300 Northtvest Elet,en/h Manor Coral SprinBs. Florida 33071 (954) 753.0380 Clerk of the Circuit Court- Finance Dept. do Tim othy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 . Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Minutes of Meeting held February 25, 1998 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Eno. Il IlI Il Illll l[ [ I [ Il Ill[ Il I [ [ [ - ' ........ Inet[a. It [ ~S OF ~G FIDDLe'S CREEK CO~VI-~N-ITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, February 25, 1998 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, The Larson Room, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford Olson Paul Riegelhaupt Arthur Woodward Grady Minor Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: James Ward Alice Carlson Chuck Adams Tony Pires Terry Cole Mark Strain Manager District Staff District Staff Attorney Engineer Gulf Bay Communities FIRST ORDER OF BU~ Roll Call Mr. Mullins called the meeting to order at 10:10 A.M. and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Approval of the Minutes of the January 28, 1998 Meeting Mr. Mullins stated you have previously been distributed a copy of the minutes of the January 28, 1998 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. Mr. Woodward stated I have one correction. The meeting was held at the Northern Trust Bank Building. Mr. Minor stated on page 3, just below the middle and at the bottom it said, "Mr. Minor asked" and I am not sure if I did but I don't think I did. Mr. Olson stated I asked those questions. 1 II II IIIII II II February 25, 1998 1 On MOTION by Mr. Minor seconded by Mr. Riegelhaupt[] with all in favor the January 18, 1998 minutes werel[ approved as amended. [] THIPJ) ORDER OF BUSINESS Consideration of Award of Contract for Aquatic Maintenance Mr. Ward stated you will recall at your last meeting the Developer had requested that we defer this item for thirty days in that the price that we had received for those particular bids was higher than what they were paying for the service as a private developer and during the month, we took the opportunity to look at the specifications that we bid that project under and the specifications that the Developer was utilizing for this particular service. We have rebid the project during that thirty-day period changing the District's specification to more closely parallel the specifications that the aquatic contractor is currently working under in Fiddler's Creek and by doing that, it effectuated a substantial savings in the bid that came in. We still have the same bidder, Aquagenix, on the project. They bid a price of $20,657.00 for a seven-month period which is this fiscal year through September 30th and a price of $38,419.00 for Fiscal Year 1999. The major difference was the number of times that they were going to treat the lakes within Fiddler's Creek on a monthly basis so what we did in this bid is reduce that to the cra'rent level that they have and provided a mechanism that if we needed to have them come in to do an additional inspection or an additional treatment during the contract period, they would do that at a fLxed price and the fixed price that they bid would be $300.00 per additional visit so you will get a certain level of service within the contract and the ability to add to that service as needed on a fixed level basis at the rate of $300.00 per visit. Based upon these new bids that we received, and the tabulations have been provided to you, it is recommended for award to Aquagenix in the amounts that I noted above and I will be glad to answer any q~estions that you have at this time. Mr. Olson stated the one thing that I noticed is that there is a nine percent increase from this year to next year overall on a per-month basis. That seems excessive. Mr. Ward stated it was in my opinion also when I initially looked at it. We do have the ability to rebid this next year. Sometimes, because the contractors can't predict the price of their materials for these contracts that far in advance, they might be a little conservative in their pricing increases but I thought we 2 February 25, 1998 would be able to review this in the October/November time schedule and make a decision based upon what we know about the pricing of individual chemicals and the market at that time whether that price increase was justified and whether or not we needed to rebid it. Mr. Strain stated one comment as a clarification. Cm'rently the contractor doing the lakes provides one time a month service. The contractor that is proposed would be three times a month. We are getting better service out of this contractor. The price is a little bit higher than we are paying now but I think it is well deserved in this case. Mr. Mullins stated I think it was at your request that we postponed the award because we hadn't been able to review it and I take it that you have satisfied yourself. Mr. Strain stated that is correct. Mr. Mullins asked is there any other discussion? Mr. Riegelhaupt asked relative to your comment, is the pricing for the seven months the same contractor as the pricing for the twelve months? Mr. Strain responded it is the same contractor. The second proposal is optional. Mr. Riegelhaupt asked are you using somebody other than this firm? Mr. Strain replied we are using somebody else who has not bid this project. For whatever reason, they did not respond to the bid advertisements. I am not too concerned about who the party is as long as it is a capable party and Aquagenix seems capable. Mr. Minor asked are these your Pelican Marsh contractors? Mr. Ward replied no in all of my other Districts on the west coast, this is all done in house. It is not unusual when those projects are that far in their development phase. Usually we bid these out in the first project. I have worked with Aquagenix for a number of years and they are a good, qualified quality contractor. Mr. Olson asked down the road is this going to become a homeowners association? Mr. Ward replied no, this will be yours for a long time unless you choose to do something else but ~t ~s proposed to be vatkin the C.D.D. Mr. Mullins asked are there any other questions? If not, I will entertain a . . . . mobon to award the contract to Aquagemx ~n accordance w~th the proposal. February 25, 1998 lOt{' MOTION by Mr. Woodward seconded by Mr. Olson with all in favor the Contract for Aquatic Maintenance was Awarded to Aquagenix Land-Water Technologies, Inc. Mr. Strain asked does someone know the turnover date to Aquagenix? Mr. Adams replied it will be the second of March. FO~ ORDER OF BUSI1NESS Staff Reports A. Attorney Mr. Pires stated I have been working with the Engineer and the Developer on various issues and reviewing various documents of a routine nature. Other than that, there is nothing else to report. Mr. Woodward stated I saw in the paper this morning for Fiddler's Creek that the PUD and Development Order changes were approved. What do you know about that? Mr. Pires stated I have not been involved in amending the PUD and the existing Development Order for the additional acreage which is outside the District's boundaries. Mr. Strain could probably comment. Mr. Strain stated Fiddler's Creek has a DRI PUD and was just approved to expand into 1,400 additional acres adjacent to the east boundary line. That gives the project almost 4,000 acres of land. We still retain the 6,000 residential units as our density but it gives the ability to have four golf courses well over one hundred plus acres of parks, almost seven hundred acres of lakes and a lot more area to spread out and produce a higher quality product within the project and give more space to the people living there plus more amenities. It expanded our ability to go to a tennis center as well as the club center that is currently under way for the residents and the golf club will now go to at least 30,000 square feet with a dual ~e driving range and a golf academy. A lot of amenities get put into the package with this additional land and no new density so every resident of Fiddler's Creek is going to benefit a lot by opening up the size. At the same time, we have deleted the development ability for the peninsula which is on the south side of the project. We will no longer be developing that and that was designated as a conservation area. Mr. Mullins stated related to this is the consideration of the Rookery Bay Utility Company. I read that the Developer of Fiddler's Creek has acquired that or 4 , , ~ ii II I III I III I I I I II II I IIII II ..... III .......... I February 25, 1998 16G 1 is in the process of acquiring it and "reselling" the customers to the County. Does that have any effect on the District? Mr. Strain replied not the District but it sec~res the project's future. As you know, Rookery Bay is a troublesome utility and one of the entities involved with Fiddler's Creek has become involved with the purchase of this utility although it has nothing to do with Fiddler's Creek, it is a separate operation but Fiddler's Creek's new properties, Sections 13 to 18 and 19 that are being added were under the franchise area of Rookery Bay and Rookery Bay was about to go under receivership or to go to another independently held utility which would have had a stranglehold on the development future for Fiddler's Creek similar to the case of Corral Mall. Corral just did an expansion and nobody can tie in. There has been a definite concern with that developer and Rookery Bay. By doing this acquisition it has helped Fiddler's Creek much to the benefit of the residents of the community and the future community. Mr. Pires stated from the standpoint of the current District, the current District is within the County's water and sewer service area. Mr. Strain stated ironically in January there was a court case settled that twenty acres of the current District goes into Rookery Bay unbeknownst to anybody at the time and that was settled in court and now the County does have all of the current District. Rookery Bay is not involved. Mr. Mullins stated after the transfer of the customers, the Rookery Bay Utility Company just becomes a shell. Mr. Strain stated the County intends to install a lift station to replace the entire processing facility and the facility becomes decommissioned which is some of the costs that Rookery Bay Services, Inc. has to bear which is why there is a spread in the numbers. The spread is not profit. The transaction was entered into to make sure that Fiddler's could go along consistently. The idea was to be sure we got our costs which is what most of the difference is. It is cost to decommission, to tie in, to put in new plants, the engineering and legal just to clear up all of the situations with the DEP and to give it to the County in a clean format which is the only way that they would accept it. Mr. Mullins stated when the County tried to acquire it, the price was $4,200,000.00. Mr. Strain stated we had an appraisal that we presented to the County by one of the most renowned appraisal specialists in the United States who does nothing but those plants. His number came in at $1.7 million which is as a February 25, 1998 16G bottom basis for the County. That is what their revenue generation is going to be off this facility once it is tied in. It was a win-win for the County and for Fiddler's Creek it was a big win. 1 Mr. Cole stated I passed out a map which summarizes where they are with the construction now. It also references one of the meetings that Mr. Pires had. They are continuing on the paving operations with Championship Drive, Fiddler's Creek Parkway, and Club Center Boulevard. It is anticipated the paving operations will be completed in about a month weather permitting. They have had some problems with rain and they are working on the golf cart tunnel and they are waiting for the fill material to dry so that it can be tested with passing density tests. After that is complete, the landscape planting will begin shortly thereafter. At this point, all of the underground work has been completed within this phase of the project and I also referenced that the Phase lB, Unit 3 plat will be recorded within the next two weeks and I have been working with Mr. Pires on the utility conveyance documents for the Phase lB, Unit 3 plat and that will complete the Phase lB project when those utilities are conveyed to the County. Are there any questions? Mr. Riegelhaupt stated one of the things I would like reported each month is how many drawings you have completed and how many man hours Hole Montes is charging to the District each month. Mr. Cole stated that is submitted to Jim Ward. As far as our time, it is similar to Mr. Pires, it is time we charge coming to meetings or doing invoices and that is submitted to Mr. Ward every month. Mr. Riegelhaupt stated I am not as concerned about the meetings but normally in engineering reports for meetings like this, I would like to know how many drawings were issued during the month and how many man hours were pertinent to those. Mr. Strain stated that would be an additional cost to our contract with them. We have not provided for that in our contract. That is reviewed by me and the on-site project manager and approved every month. Mr. Riegelhaupt stated I am not concerned about your drawings. I am concerned about any work that you do for which you are charging a certain amount of dollars to the C.D.D. 6 , , II I III IIII IIIIIII II ......................................... I' IIIII I~ February 25, 1998 Mr. Cole stated as I said, that goes to Mr. Ward every month in an itemized format. Mr. Ward stated those are your invoices that we get. Mr. Cole stated yes but it describes what we did. Mr. Ward asked would you like to see the invoices? Mr. Riegelhaupt responded no but I thought a simple couple of sentences that said we completed three drawings for the District. I m not talking about the development, I am talking about the District specifically. Mr. Cole stated on the invoice, we specifically say we attended the meetings, we reviewed contractors' invoices and that is what we have been doing for the District. If we attend District meetings and prepare conveyance documents, I will list that. That is the scope of what we have been doing recently for the District. Mr. Riegelhaupt stated I would like to know that once a month. Is that too much to put on here, a summary of what you have given to Mr. Ward? Mr. Cole stated I could do that. Mr. Mullins asked when the drawings are done for the roads which are under the maintenance responsibility and become the property of the C.D.D. that is what we are getting at but I think that the way that it operates is that the Developer is actually installing all of these things. Mr. Pires stated for the District, the Developer is your construction manager. Mr. Strain stated we are maintaining all of the drawings, we are maintaining all of the invoicing and we are approving it before it goes to ~he C.D.D. for payment and that is not just myself but a whole chain within the Developer's program. We all review and make sure that everything is right before it goes to the C.D.D. for payment and correct any deficiencies that are there. Mr. Mullins stated what Mr. Riegelhaupt is getting at is that all of that work is spelled out or cataloged somewhere along the line. Mr. Riegelhaupt stated I wotfld like it summarized because I go back to the thesis that some day there are going to be a hundred owners and they may raise a question on what the Board is paying the Engineer for. We would like to -know that. That is one of our responsibilities, we would like to know what this money is being spent on. A simple summary is what I am asking for. I don't know why this is difficult in your mind. To provide a simple summary of whatever the engineering output is from Hole Montes on District work. By summary I mean 7 February 25, 1998 the number of drawings issued and the number of man hours put into District work for that month. Those are just two items. Mr. Strain stated Mr. Cole and I can get together next month and we can answer that. Mr. Olson stated I have worked with these people and I think if you just attach a copy of the invoice it will summarize everything. Mr. Riegelhaupt stated I was hoping to avoid using a lot of paper. This is very nice as far as a status report. A couple more sentences and we would have the whole thing. Mr. Strain stated there were no drawings and the hours would have been the hours that he attended the meeting and responded to Mr. Ward. Mr. Riegelhaupt stated it would say twenty hours or thirty hours and that would be the end of it but it allows me to say to somebody that I have an idea of what the output of Holes Montes is to the C.D.D. That to me would be the ultimate so that the Board, not me personally, has the information in front of them each month. Mr. Mullins asked is there anything else? Mr. Minor asked on the aerial photo that is behind Mr. Ward, is that 951 on the left corrfing down on the diagonal? Mr. Cole responded if you will turn this around, you will see 951 on the bottom. Mr. Olson asked will you show us where the acquisition is that was in today's paper? Mr. Cole replied this was already contained within the project. This is Section 13. Mr. Strain stated that was added to the project which you likely were not aware of because it was done in 1996 in November which was before the Board was seated. Mr. Cole stated Sections 18 and 19 are where I have indicated and which go off the map. Also a portion of Section 29. Mr. Mullins asked is there anything else? Mr. Riege]haupt stated yes I would like to ask one more question about the engineering. Who does the surveying for anything related to the District? Does Hole Montes do that? Mr. Cole responded not any work that we are billing to the C.D.D. We are doing work that we bill to the Developer. 8 1 February 25, 1998 Mr. Riegelhaupt asked is that work going to be billed ultimately to C.D.D. or is it billed to the Developer for C.D.D. work? Mr. Strain replied the Developer gets the overall bill and I have to sort out which is which. Mr. Riegelhaupt stated it is more complicated than one would think. Mr. Cole stated yes. We give them an invoice every month that is quite thick and Mr. Strain reviews it and allocates it according to C.D.D. and non-C.D.D. In fact our invoices are stated that way. Mr. Riegelhaupt stated if there is an easy way to sort this out so we would have an understanding of how much engineering work is going into the C.D.D.? That would be a useful thing to 'know. Mr. Mullins asked is there anything else for Mr. Cole? Do you have anything Mr. Strain? Mr. Strain responded I have the latest draw which is very minor in nature indicating where we are for the construction. The second last column, Draw #14. Mr. Olson asked what is Boran, Craig & Barber building? Mr. Strain replied the guardhouse. That was completed a long time ago. Mr. Olson asked what did Accent Golf do? Mr. Strain replied they did the seawalls in Phase lA. Mr. Olson asked what did George Bother do? Mr. Strain responded landscape design and permitting for the DOT right- of-ways, the entrance to the community. Mr. Mullins asked is he the landscape architect? Mr. Strain stated just for the 951 comer. He is tied very closely with the Naples Beautification Committee which helps because the grant basis and all of the permitting and funding goes a lot more smoothly with the agencies because they are used to him. Mr. Mullins asked is there any thought that they will do much in the median? Mr. Strain replied yes it has been budgeted in Phase 2 C.D.D. to landscape the median immediately in front of the project. Mr. Olson stated you have Turner Tree & Landscape and you have Doria's Landscaping and I understand George Botner is the planner. Mr. Strain stated Turner Tree & Landscape did Phase lA. Phase lB is done by Doria's. 9 16G 1 February 25, 1998 Mr. Mullins asked does ,anyone have any further questions of Mr. Strain or staff?. C. Manager Mr. Ward stated we Federal Expressed out to you a couple of days ago thc audited finandal statements for the District for the year ended September 30, 1997. Let me tell you what your legal obligations are under the Statute and how this audit melds into that legal obligation. Each year a governmental agency is required by law to the extent that it expends more than $50,000.00 in ,uny one fiscal year to have an independent Certified Public Accountant who is qualified to provided auditing services to a governmental agency come in and audit your books and records. I said a CPA who is qualified to perform governmental audits because that level of expertise is different than the level of expertise of an auditor who will come in and audit a private client of his or hers so the auditors that we have chosen for Fiddler's Creek is based on that concept that they are certified to do audits of governmental agencies including Fiddler's Creek. I will go through these with you and I will jump around in the book because I want to go through it in its level of importance. There are a couple of reports in the book that are very important. The first one is the Independent Auditor's Report on page 1. The Independent Auditor's Report is the report that everyone will look at first to find out if we have what we call a clean unqualified opinion. This is four paragraphs, it is the standard language which indicates that Fiddler's Creek received what we call an unqualified opinion from the auditors. Unqualified means in this industry that there was nothing that came to their attention of a significant financial or material matter that would cause them to qualify their audit that indicated that one of the accounts or one of the funds was not auditable. That means that there wasn't sufficient backup material in the files to indicate that the expenditures of the District, for example, were proper under the law or under your bond indentures or the revenue didn't come in, etc. You do have an unqualified opinion that indicates that the books and records of the District ~net the test of having an unqualified opinion. That is a very good thing. Ifyou go to the back of the book to the first opinion which is on page 16, there is a second opinion that under State Law, the auditors are now required to provide to us and the Department of Banking and Finance and the Auditor General's Office under Chapter 218 of the Florida Statutes will guide the auditors through the requirements of providing to a governmental agency all of the various February 25, 1998 16G components of these letters. This is what we call the audit report on the internal control structure of the District. The internal control structure of governmental agency is akin to how you operate your financial department within a private business. How you pay the bills, how you write checks, who sig~ns the checks, how they go in and out of your office, how you comply with the provisions that are contained in your bond indenture. It is called internal control structure in the financial industry and what this indicates to you is that the internal control structures that my office put in place for Fiddler's Creek met the tests that they are required for materiality. That means that they found no instances of a material nature that would qualify this audit to tell them that you should be concerned about an issue of how we specifically operate this District from a financial perspective on a day-to-day basis. The next two reports, these days you can either combine them or do two different ones. One is a report on laws and the other one is a report on bond compliance terms, provisions and conditions. The auditors these days are required to not only be financially of a keen mindset but almost to be lawyers and quite frankly that is almost what we are these days as managers. To be a manager of a governmental agency, you almost have to be a lawyer and the same is true for auditors because what they must go through is all of the statutes that you must comply with on a yearly basis and opine to you that at least financially you haven't violated any of the laws, rules or regulations that you must comply with for purposes of an audit and that opinion is contained on page 18 and that is a clean opinion also that indicated that they found no instances of non-compliance with respect to laws or rules of the Auditor General or the Comptroller of the United States. The next very important letter is the compliance on bond terms, conditions and provisions. That means what the auditors do is go through your bond covenants and they opine first and most importantly that there is no default under the bond indenture and that is a key issue for you. It is a key financial issue because it must be disclosed to everybody ifyou go into default on a particular bond issue. They have opined to you in their letter on page 19 that nothing came to their attention that would cause them to believe that there was a default on the District's bond issue or any of the covenants, provisions or conditions that are contained in that letter. The final letter that is not in here that I will provide to you under separate cover that we haven't received is what we call the Management Letter. This is a 11 1 February 25, 1998 letter that is issued because the State indicates if the auditor couldn't fi=~ure out where to put anything else that came to their attention in the review of the governmental agency, they put it in thc Management Letter and it tells you that if there was anything that they consider non-material in natm'e that they may want to bring to your attention that they may want you to review, approve, change the policies or procedures that you have in place in terms of how you operate this District that they might want to tell you that in this lcLtcr. I can tell you that thc letter is a clean letter which means that there was nothing that is contained in the Management Letter at all so it is a clean Management Letter. That is a separate letter that they provide outside of thc context of your bound audited financial statements sometimes, not always though. That will be provided to you under separate cover. Those arc the five different opinion letters that you receive that are most important for you to look at in your financial statements. The next thing I want to take you to is the Notes to the Financial Statements and some of the key provisions in the Notes that I consider most important that investors will look at. The first is Note 2 and then Note 4. Note 2 is your Cash and Investments note and that is a note not so much with respect to the cash position but with respect to the investment position. This is on pages 9 and 10. In Florida, investments must be categorized by the degree of risk which those investments have. They have categories of risk, 1, 2, 3, 4, etc. What Note 2 tells you, and obviously on this District it is a relatively simple note, is how your investments are handled for you, both for your General Fund which is your daily operating cash which at the moment you do not have but as time goes forward you ~dll see that note expand and your bond investments which are your institutional money market funds and that is contained on page 10. Those basically tell you.., the category of risk that you have within the financial institutions that you invest these in. Category 1 is the highest degree of safety category, 2 is the next, category 3 and category 4. You are allowed to invest in all four categories that are contained in the State under State Law. This just assigns for you the degree of risk. In Category I the risk is considered minimal because it is essentiallY obligations of the federal government that are fully guaranteed by the fed,.~ral government like a Treasury obligation or Treasury note or Treasury bill. Category 2 risks are things such as notes of the agencies of the federal government like a Fannie Mae note or a Freddy Mac note or something where you are buying and reselling these kinds of notes in what is called the secondary market, money market funds and accounts of financial institutions where they February 25, 1998 are backed by obligations of the government but you are essentially in a pool of other governmental agencies. Those are considered Category 2 risks and Category 3 and Category 4 the State Board of Administration for example is a lower risk than Category 2 risk and it is a risk of things that might have in it commercial paper or bankers acceptance or things of that nature. Thc State does what I consider a very good job in categorizing the risk pool of the various investment vehicles that you have available to you both in your bond indenture and in your operating accounts and this as times goes forward will be a very important note for you to look at. I wanted to bring that note to your attention and the other note that I would like you to look at is Note 4, the Bonds Payable note. That note tells you as a snapshot in time what the status of your bond issues are and what the current amortization schedule is and your redemption provisions that you have in this bond issue. They become important when you want to look at a refinancing of a bond issue when you get to that point and how you might do that. You will note you still have $20,210,000.00 in outstanding bonds. The interest rate on them is 7-1/2% and then on page 12 Redemption Periods which indicate that you would not be able to redeem before the year 2007 and the redemption price is 101%. That means that if the market is such that you are in a position to redeem your bonds to achieve a lower interest cost and a higher savings for your residents and you did that before the year 2007, you would not be able to do it, so you would escrow your bonds until such time and then if you did it between 2007 and 2008, you would pay a premium on the par amount of bonds that are outstanding in that year and then you can look back to see in the year 2007 and the year 2008 what the prindpal bonds are and outstanding and if you will go to page 13 it gives you how your bonds are rated in terms of principal mounts. Those are the notes that I think are the most important and I did them for you in the order of importance that I tend to look at them. I go to the auditor's opinions first, the one on page 1, go back to the report on internal compliance, report on laws, reports on bond compliance and the Management Letter and then I go to Note 2 and Note 4 to find out the cash position, investment position, category of risk and your cash investments and then on to your bonds payable to see what the debt level is and how that debt is structured in the governmental agency. Those are the most important issues to me. If you want more detail than that, in this District pages 2, 3, 4 and 5 tell you the specific cash positions. Pages 2 and 3 are the balance sheet that gives you the positions in all of your funds and your account groups. Last month I indicated to you how your governmental structure works February 25, 1998 and explained to you what a General Fund, Debt Service and Capital Projects Fund is so you understand that. In government we also classify what we call account groups and an account group in a government is not a fund, it is just a way to generalize for you what the investment is that you have in what is called our General Fixed Assets. That means how much you have spent over a period of time over the life of the project in the value of the asset that you have in the ground. That is what that General Fixed Asset account group tells you and then your General Long-Term Debt account group will tell you the bonds outstanding that you have available, how much is in the bank that you can literally utilize to pay off those bonds if you had to today and what the amount that we would need to provide. In this instance what that means is how much in assessments you will be levying over time in order to pay off those bonds. The other important thing that it tells you and specifically in your Capital Projects Fund, which is the fund that is the construction account of the bond issue, how much is remaining in that account to construct infrastructure and at September 30th of 1997, you had roughly $5.5 million remaining remembering that as the bond issue moves forward, that will go down to zero and that fund will go away assuming that you never issued another series of bonds and your Debt Service Fund will be the key fund that you will want to look at in terms of understanding how much you are receiving in assessments as they come in, how much is in the bank, where the money is located, what kind of restrictions you have on those assets, those investment accounts, etc. That is how I tend to look at a balance sheet. Page 4 I don't pay a lot of attention to usually in a financial statement. On page 5, I will tend to look at the budget to actual statemeuts for the year for the General Fund and the Debt Service Fund to the extent they are pro~Aded and usually in the General Fund in this instance it is not particularly significant. It will become more significant in 1998 because you have a lot of operations goiug on and 1999 and in the year 2000, as more and more operations go ou, this gives you an audited point in time at which to look and determine if we did a good job or not. In the Debt Service Fund; the things that I like to look at are how much we will receive in assessments coming in in comparison to budget. That will tell you whether or not people are paying their assessments. It is not in this statement because we haven't levied assessments yet. This will tell you categorically whether or not we made the payments to the bond holder on the bonds each year in the principal retirement column and the interest and fiscal charges so that will tell you that. That is a very important thing to look at in comparison to your February 25, 1998 budget as you move forward. That is the sum and substance and in summary form how you read a financial statement for a governmental agency. As you have time to look through these, if you have any questions, please feel free to give me a call and I will be glad to meet with you individually ifyou would like to go through it in more detail or let me know and I will bring them with me next month to go through them. You are required to have them finished by law on September 30th 1998 so we finished them and got them to you in February. On March 31st of 1998, we are required to submit what we call the Annual Financial Report of the Units of Local Government to the Department of Banking and Finance. That has already been submitted to the Department of Banking and Finance and that will be reflected in your next year's audit when the auditor opines that you did do that. He also opines that he did that and that was consistent with what this document says also. Those are all of my comments. Mr. Olson stated on page 2 it says "Due from developer". Do we have an age schedule for that? Is that current? Mr. Ward replied it is current. Mr. Olson asked on page 10, who manages that $9,760,000.00? Mr. Ward replied I do. Mr. Olson stated on page 18, the only comment that I have is they keep putting in their comments that they don't express such opinions. In all of their letters, they have disclaimers. Mr. Ward stated they always do. Mr. Minor stated the one says that you are going to provide us ~-ith the assurance that you are complying with all of the laws. Mr. Ward stated that is correct. Mr. Minor stated that letter is forthcoming7 Mr. Ward stated I represent back to the auditor that we did that and Mr. Pires represents back to the auditor that he did that. That is a representation that my firm makes to the auditor and Mr. Pires represents that to the auditor also and he represents to you these four elements plus the Management Letter which said there is nothing else that I found when reviewing everything. Auditors in general have been sued many times over the last X number of years and I have found in the last few years, and this year was particularly cumbersome for me in terms of all of my audits and the representations that they are making tO you OF you more so making to you than anything else. I have not making to and not y more difficult because of tha 1 February 25, 1998 lawsuits that have occurred. I have noticed industry-wide, I don't think that this firm has done it, but the Big Six have reconfigured themselves as they have all been partnerships but are now all Limited Liability Partnerships out of Delaware which limits their exposure even si~wfificantly more than it was limited to prior to last year. It is an interesting business world that we work in today but it is becoming more difficult. Mr. Minor stated the $9.7 million that Mr. Olson asked about is totally separate from the Debt Service Fund. Is that correct? Mr. Ward replied that is in your Debt Service Fund but I do manage the investment portfolio. Mr. Minor stated it is our Reserve Fund. Mr. Ward stated it is your Reserve Fund, your Capitalized Interest Fund, your construction account. Mr. Minor stated it goes into that and we are going to start paying these bonds off. Mr. Ward stated your construction moneys go down. Of the $9.5 million, $5.5 million is in the construction account. The balance of it is in Reserves and Capitalized Interest. Capitalized Interest will go away this year. Reserve will stay there but will start to go up is the assessment amounts. Mr. Minor stated we won't see the first one until November at the earliest. Mr. Ward stated yes, you have Debt Service of $1.2 or $1.3 million a year that you will see so you will see assessments coming in that will get transferred into your Debt Service Fund and invested until the principal and interest comes due. Mr. Riegelhaupt asked if you look on page 2 at the ratio of General Long- Term Debt to Fixed Assets, it is roughly about a 2:1 ratio. Is this a reasonable number? Mr. Ward replied it is probably not a ratio that I pay particularly close attention to. I only pay attention to it to insure that the assets that you built are in the ground and are auditable numbers. From that perspective what you want to make sure of and what I tend to look at is how much money did I put into the construction account at the beginning of the day and how much do I have in General Fixed Assets at the end of the day? That ratio is about 3:1 so 70% of your total bond issue is going to be in your construction account and be in assets so that is what I will look at over time. What I tend to look at is the income statement and the balance sheet on the Debt Service Fund as we move forward to make sure that 16 February 25, 1998 16G the assessments are coming in, the debt is going down and the bonds are being paid and what is the volume of the prepayments that are occurring. Mr. Olson asked has anybody ever done an age schedule or projection on how these things get paid back? Mr. Ward replied you really don't do that in this kind of a business because what I have seen over time is they get paid down in accordance with the debt service schedule that is in the back of the bond issue unless you have developers buying down the assessments to maintain a certain market level in the field and that is something that I can never project. That will happen in this District, I am positive of that, because I have a feeling the market level of assessments is going to be lower than the actual amount of the assessment that we have on the lot so you will start to see that but it is not trendable from what I have seen. It is all over the board in every District that I have. FIFTH ORDER OF BUS~ Supervisor's Requests and Audience Comments Mr. Mullins asked are there any requests or comments from the Board? there anything from the audience? Is SDITH ORDER OF BUSINESS Approval of Financial Statements and Invoice List Mr. Mullins stated the next item is the approval of financial statements and the invoice list. Are there any questions about that? Mr. 01son asked why do we have two Claims Dockets? Mr. Ward replied the way our accounting system works, we produce one every time we do a payables run so you will see one is dated 1/21, one is dated 1/29 and one is dated 2/04. As a District gets more into its operations and as we pay bills more frequently, you will start to see more Claims Dockets in each of the packages. It is an internal control requirement that we have that when we write a check, my staff has to produce a Claims Docket so it is an internal procedure that we utilize. Mr. Olson asked why aren't we on here? I do not believe that we were on the last one either. Mr. Ward stated I will check that out for you. Mr. Minor asked is the Trustee Fee for Sun Trust an annual amount even though it says it is December to January? They are billing us for two months. Mr. Ward stated it would be January 1999, it is a one-year fee. 1 February 25, 1998 Mr. Mullins asked is there a motion for approval of the invoices? IOn MOTION by'Mr. Olson ~econded by Mr. Woodwardl[ with all in favor the invoices were approved. II Mr. Olson asked is the Sun Trust matter something that is bid out? Mr. Ward replied no, your Trustee was selected when you did the bond issue and they provide you with a fee which is set at that time. It is generally a percentage of the outstanding par amount of bonds. Mr. Olson asked is what Sun Trust is charging a competitive figure? Mr. Ward replied yes it is a competitive amount. Trustees are interesting breeds of the banking market itself and their fees vary widely. Barnett, Sun, Nations Bank and First Union are fairly much the players in the game, at least in Florida and their fees don't vary widely. I have found First Union to be priced a little bit better than most of the other ones but in this instance, when we did this bond issue, Sun Trust gave us a very good quote for it. Mr. Olson asked are the trust funds fairly insured? Mr. Ward responded in the financial statements in the investment section, it tells you the risk category but being in the Trustee, you are only allowed to invest them in certain categories of risk. That is what my job is to do for you. One of the things that I do every day is to make sure and the Trustee does that those are invested correctly. SEVENTH ORDER OF BUSINESS Adjournment Mr. Mullins asked is there anything else to come before the Board before we adjourn? liOn MOTION by Mr. Minor secon'ded by' Mr. Olson with[ Iai! in favor the meeting was adjourned at 11:00 A.M. Chairman February 25, 1998 16G 1 Fiddlers Creek Notes from 2/25/98 Meeting 1. MR. RIEGELHAUPT WANTS TO BE ADVISED DRAWINGS AND HOW MANY MAN HOURS HOLE MONTES DISTRICT WORK EACH MONTH. HOW MANY PUTS IN ON 2. SUPERVISORS FEES WERE NOT ON CLAIMS DOCKET. **DRAFT RECEIVED BACK ON 3/12 ON YELLOW FAX PAPER WITH MOST CORRECTIONS ILLEGIBLE. PUT BACK IN JIM'S PICKUP BOX WITH POST- ITS AT THOSE PLACES. Wednesday February 25, 1998 10:00 A.M. 2. 3. 4. AGENDA FIDDLER'S CP~EEK COMMI/N~ DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 T~m{.m{ Trail North 4th Floor - Larson Room Naples, Florida 33940 Roll Call Approval of the Minutes of the January 28, 1998 Meeting Cons{deration of Award of Contract for Aquatic Maintenance StaffReports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Financial Statements and Invoice List Adjournment Hap[es DaiLy He~s HapLes, FL 359~0 Affidavit of PubLication Hap[es OatLy Ne~s FIDDLER'S CREEK COHMUN[TY DEV. DLSTRLCT - GARY MOYER 10300 NV 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052301 S7639659 [lOT[CE TO CONTRACTOR State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, vho on oath says that she $erve~ as the Assistant Corporate Secretary of the NapLes DaiLy Nevs, a daily nevspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising uss published in said n~spaper on dates Listed. Affiant further says that the said NapLes OatLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class ~aiL eat[er at the post office in NapLes, in said CoLLier County, FCortda, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBL[SHE0 OH: 02/13 AD SeACE: 94.000 ZNCN FILED OH: 02/13/98 Signature of Affiant · J--'v" Svorn to and Subscribed before me this /-~ day of NOTICE TO CONTRACTORS NL~INTENANCE OF WATER MANAGEAAENT AREAS AQUAT)C ~LANAGEMENT WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN ~t seOled bids will ~ received by FIDDLER'S ~EE~ COM- mUNITY DEVELOP. ~ENT DISTRICT (th~ "DISTRICT"), COLLIER' COUNt, FLORIDA, u~ll ~e ~llowfng Ioc~l~, 985 Pelico~ Morth Blvd.. Nooles, FL 3410~, end ~e ~e ~e, su~ bids OS received will ~en~ a~ r~ aloud The work ~or which or~o~ls ore to ~ ~- ~lpme~ t~ ~e r~ne high ~1~ molnte~e of w~er monogement t~ms ~d co~on~ of the soeclflc~lons ond raining ~e~ which m~ ~ exoml~d ~ ~e Ds. ~ld ~ce. One c~v of m~k bid f~ms ~ ~ exe- a pr~l, may o1~ ~ce. A c~fl~ ~ C~hl~s ~e ~nk ~ Bid ~ In a ~m ~t less ~ five ~ercent the o~ of ~e mun~ Devel~m~ D ~l~, shall occompany ~h bid ~ a ~on~e ~ ~e bl~ wfll ~ lng ~e bids ~d. In ~e eve~ ~ ~e c~o~ ~d~ to ~e bi.er, he C~e ~ I~ur~e, falll~ which ~e Bid ~ may ~ r~in~ bY Be~s Guldelln~ J pared, addressed and J subm~ In c~oll~ce os set to~ In ~e c~ The OIs~l~ testes co~ ~ ~ deems will ~st se~e ~e I~e~ of J FI~I~'S ~eek Commu- n~ Oevel~me~ G~v ~ ~oyer Fe~u~ 13 No. 1154159 NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned B. Lamb authority, personally appeared ,, who on oath says that they ser~e as the ~-.. ~c~rp. Secrot'.ary of the Naples Dally, a daily newspaper published at Naples, in Collier County, Florida; that the attached copy of the advertising, being a in the matter of Fi d,~ 1 ~,~., ~ crooW 1 times in the was published in said qewspaper issues starting on 2 / 1 8/9 8 nnd ending on, Affiant further says that the said Naples DaVy News is a newspaper publisl3ed at Naples. in said Collier County. Flodda. and that the said newspape~ has heretofore been continuously published in said Co~lie~ County. FIo~la, each day and has been entered as second class mail matte at the pOSt office in Naples, in said Co~'lier County. RoHda. for a pedod of 1 year next p~eceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid not promised any person, firm or Corl:X:~'ation any discount, rebate, commission or refund for the purpOse of secudng this advertisement for publication in the said newspaper. (Signature of Affiant) Sworn to and subscribed before me this 1.8 dayof February 1998 ' ISignature ~l~ ~ }.[. MY COMMISSION ,t CC5687~7 Personally known %' Type of Identification Produced ~oduced identification 0120 ,(raCE 0F ' MEET1NG Notice Of Fiddler's O'e~k C ommu~'~i/y Im~eme~ DI~I~ The r~r mean9 of ~e Fl~le¢'s Creek C~mun~ Oevel~me~ DI~I~ Is ~1~ held W~, ~ ~, 1~1 ~ 10~ A~. In the Nom~ern Trust ~k 8ulldl~. ~01 To~l- o~l Trail N~, The Lorson Room, Nooles, Florida. The L~ ~ ~mmun~ veloDment Olstrl~. er, 10~ N.W. Corol Sarlng$, Florldo 33071. S~e~l~s will ~cl- ~e bY ~1~. At ~ve I~ ~e ~ll ~ ares~ a ~ tele- D~ ~ ~ ~y I~- e~ed ~ ~m~ ~ ~ dI~uss~3S f~l~ P~e e~er munl~ Any ~ ~e~lrl~ ~lel ~c~ · fs m~ ~ ~ o elCeme~ ~uld DI~I~ ~ce 7S3-0~0 ~ ma~ by me ~d w~n ceedlngs Is m~d~, In~udlng ~e such ~1 ~e~ F~ ]8 NO. TO: FROM: SUBJECT: DATE: CC: DIST1RIOT SERVICES MEMORANDUM JLM WARD- DISTRIC'I' MANAGER CI-lY. SLET E. ADAMS JR.. FIELD MANAGER FIDDLER'S CREEK AQUATIC MANAGEMENT BID AWARD 02/23/98 FILE 16G The District has recently re-bid the Aquatic Management Contract for Fiddler's Creek. The scope of work under this bid includes regular monitoring and treatment of water bodies in order to insure minimal amounts of nuisance and unsighfly aquatic plant material. The scope and timing of the work to be performed has been reduced slightly, from the previous bid, at the request of the devdoper, Gulf Bay. You will note that a line item has been added to the bid schedule, tided Additional Visit. The item is antidpated to address fast growing algae problems that may occur in between regular visits. The contractor will still be responsible to make additional trips "free of charge" for any other aquatic plant treatment. District staff received only one bid proposal for the work. The proposal, from AquagenL'( Land- Water Technologies, Inc, is for a first year (7 month) total base price of $20,657.00 and a second year option of $38,419.00. The additional visk cost for each year will be $300.00 per visit. Staff has reviewed all of the qualifications of Aquagenix, and has found their organization to be more than qualified for the scope of work outlined under this contract. Therefore, staff is recommending the award of the contract to Aquagenlx. If you should have any questions or require additional information, please contact me. 1 985 Pelican Marsh Boulevard, Naples. Florida 34108. 941-592-5181 · F~ 941-592-9021 FIDDLER'S CREEK CDD Maintenance ot' Wntcr Manag~ncnI Arca$ Aquatic Mm~ngcmcnt Bid Scl~uIo Firs1 Year 7 Months i'rke $ 2,4~9.00 $ 1,00B.00 $ 781,00 $ 25.00 $ 28.00 $ 705.00 $ 50.00 $ 239.00 $ 504.00 $ t51,00 $ 705,00 $ 579,00 $ 1,285,00 1,01§ 00 1,108.00 $ 730.00 $ 1,00~,~- 882,00 680,00 604,00 113,00 730,00 705.00 1,285.00 1,638.00 730.00 20,657.00 300.00 12 Months Price i 3 PR3RI I'E3RI 4 4a 6 7 ?a FCI 9a 10 II 14 16 17 I~. FC2 34 Total $ 7,233.00 $ 1,728,00 $ 1,339.00 $ 43.00 $ 48.00 $ 1,209.00 $ 88.00 $ 410.00 $ 884,00 S 28aoo $ 1,2o9,oo $ 993.00 $ 2,203.00 $ 3,283.00 $ 1,900.00 $ 1,262.00 $ 1,72~.b0 1,512.00 1,166.00 1,038,00 1~4,00 1,252,00 1,209.00 21203.00 2,8o8,bo- 1,252.oo 38,419.oo 300.00 Add,t:onal V~sll Additional Villi FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 210 NORTH UNIT E I DRIVE, SUITE 301 CORAL SPRINGS, FLORIDA 33071 954-753-5841 Fcbruaxy 17, 1998 Daszkal, Bolto.n and Mancla, P.A., C.P.A.'s 240 West Palmetto Park Road Suite 300 Boca Raton, Florida 33432 Gentlemen: In connection with your audit of thc gcnaral purpose financial statements of Fiddlcr's Creek Community Development District as of September 30, 1997, and for the year then ended,, for the purpos~ of expressing an opinion as to whetht, r the financial statcmcnts present fairly, in all mate-rial respects, the financial position of Fiddler's Creek Community Development District and the results of its opcrat, ions in conformity .with generally accepted accounting principles, wc confirm, tn tho best of our knowledge and belief, as of. September 30, 1997, the following representations made to ~,ou during your audit Certain representations in this letter are descn'bcd as being limited to those matters that are material. Solely for tho purpose of preparing thi.~ letter, the t,m~ "material," when used in the lettcn', means any'item or group of similar items involving potential mounts of $5,000 par fund vjpe or account group. Th/s am6unt is not intended to represent the materiality thr~old for financial reporting and disclosure p~. Notwithstanding th;% an' item is comidm'ed material, regardlesa of size, if it involves an omk, tion or misstatement of accounting information that, in thc light of surrounding circumstance, s, makes it pmbabl= that the judgmcmt of a reasonable, per, on relying on thc information would have been changed or influenced by the omission or mi~tatement.. 1. We axe responsible for thc fair presentation in the financial statements of financial position and results of opta-atiom of Fiddler% Cr=¢k Community Developmcm. t District in conformity with generally accepted accounting principles. Thc financial statements include all properly classified fun& and account groups of Fiddles Creek Community Development District required by gcnerally accepted accounting principles to be included in thc financial reporting entity. ..... IIIIIIIII IIIIIIIII I II II I .5. FEB 17 'c2~3 ~?:I! FR D~$Tn~¢T OFFICES ~2 9S4 ~4S 12~2 TO 19~1593WGS~-E~ P.O2/E~ ~ 6 G Daszkal, Bolton and Manela, P.A., C.P.A.'s F. ebruary.17, 199.8 Page Two We have mad~ availablo to you all: Finarmial records and related data. Minutes'of meetings of the Board of Supervisors of the Fiddler's Creek Commmaity Development District or summaries of actions of recent meetings for which m;nutes have not yet been prepared. There have been no: bo Co Instances of' fraud (intentional rn/sstatements or omissions of ~mountx or disclosur..es in financial statements or m/.~propfiations of assets) involving administrative officials, management or. employees who have significant r°les in the internal control stmcu~. Instances of'fraud involving other employees tha, could have a mater/al effect on the financial statement~. - Communications from regulatory agencies concernTng noncompliance w/th, or deficiencies in, financial reporting pracflees thai: could ha~'e a mater/al effect on the financial statements.' We have no plans .or intentions tMt may matcfially affect thc carry/ng value or classification ofa~sets,.Iiabillties, or fired.balances. The following have been properly recorded or di~losed ir/the financial statements: Related party I:ransacfions and related accotmts receivable or payable, including revenue, expenditures, loans, transfers, Iea~ing arrangements, and ~ees. There are ~io: Violations or possible violations of' budget ordinances Or laws or regulations, /nclud/ng those perta/n~g to adopting and amending budgets whose effects should be considered for disclosu~ in the financial ~tat~menls or as a basis for recording a fora cont/ngency. FEB I? '98 I?:12 FR DISTRICT OFFICES ~2 954 ~45 1292 TO 1941597'7654-~3 P.~4/~51 Das;,.kal, BORon and Manela, P.A., C.P.A.'s Page Thr~¢ ,. 10. 12. Other material liabilities or gain or loss contingeaCies that arc ~d to bc accrucd 6r disclosed by Statement of Financial .Accounting Standards No. 5, Reservations or designations of fund equity that were not properly authorized and approved. ' There. are no tmassened claims or assessment~ that our lawyer, has advised us are probable of assegi, 'on, and must be disclosed in aecontanee with Statement of Financial Accounting St~d~zds No. 5. .. · There. are.no material transactions th~ have not been properly recorded in the accounting records underlying thc fi~-cial stalemenls. ' The Fiddler's Creek Community Development District has satisfactory rifle to all owned aaset.~ and there are no liens or eneumbrmaee~ on ~aeh ass,~s nor has any asset b~n pledged. We have identified all aceounfi'ng ~-'timalea that eo'uld be matevi~ to the fi. naneial statements, including the key facteres and si~,nificant assumptions tmderlying 'those estimatez, and we belier" "--, -'~ ..... ~ ...... We have .not been. advl Sp~c'4.al'Asaesara~.'t Re status. We 'are in agreemem wi~ have been recorded in th 'records. with any covenant, ~o: 96-16, or other ev. elopment District their tax-exempt ~mmended and ~ey District's aec6un, ting 68 1 FEB I? '98 17:1~ FR DISTRICT OF*FICES 1292 TO 194159~7654-008 P.05/05 1 66 D;~zk~, Bolton Md Manela, P.A., C.P.A.% February 17, 1998 Page Four 14. Wo arc not aware oi' any cysts t,hat occulT, ed subsequent to the balance sheet dare that would require adjustments to, or disclosuro ia, th~ financial statements. Sincerely, FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT J~ard, As~istan! D~trict lvianager J"PW/LM/gb TOTAL PAGE. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 1997 i6G TABLE OF CONTENTS Independent Auditor's Report .................................................. I General Purpose Financial Statements: Combined Balance Sheet - All Governmental Fund Types and Account Groups .............................................. 2-3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types .............................................. 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Notes to General Purpose Financial Statements ................................ 6-14 Other Auditor's Reports: Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Governmental A ttditing Standards ............... 16-17 Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards ....................................... 18 Report on Compliance with Certain Bond Terms, Covenants, Provisions and Conditions ................................................. i9 1 DASZKAL, BOLTON & MANELA L'"T, RTI FI £D PUBLIC. ACCOUNTANTS A PARTNER.',;Iii P OF PROFESSIONAL ASSOCIATIONS 2.10 'ss,'. PALMETTO PARK ROAD. SL'ITE 300. BOCA RATO.%'. FLORIDA 33-132 TELEPIIONE (561)367.1040 FAX (561)750-3236 16G .J~FFRE'~' A. BOLTON. CT& P.A. MICIIAEL L DASZI~AL, CPA. P.A. ROBERT A. MA.,'EI.A. CPA. P.A. TLNIOTHY R. D E~'t. LN. CPA. P.A. M£M BER OF lIFE A.M £KICAN ~h'sl ITL'FE OF CERTIY'FED PUBLIC INDEPENDENT AUDITOR'S REPORT Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District, (the "District"), as of, and for the year ended September 30, 1997, as listed in the table &contents. These general purpose financial statements are the responsibility of Fiddler's Creek Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government AuditingSlw~dards, issued by the Comptroller General &the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free &material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Fiddler's Creek Community Development District, as of September 30, 1997, and the results &its operations for the year then ended, in conformity with generally accepted accounting principles. In accordance with Government Atwlit#~g Standards, we have also issued a report dated January 14, 1998 on our consideration of Fiddler's Creek Community Development District's internal control structure and a report dated January 14, 1998 on its compliance with laws and regulations. Boca Raton, Florida January 14, 1998 0 0 "l ' r~ FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) .Basis 9f Accounting and Measurement Focus (Continued) Government Fund Types - These fund types are accounted for using a current financial resources measurement focus. This means that only current assets and current liabilities are generally included in the balance sheets. Therefore, Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (expenditur~:s and other financing uses) in net current assets. The government fund types of the District are: General Fund - The General Fund is the general operating fund of the District. It accounts for all financial resources, except those required to be accounted for in another fund. Debt Service Fund - The Debt Service Funds is used to account for the accumulated resources for the payment &general long-term debt principal, interest and related costs. Capital Projects Fund - The CaPital Projects Funds is used to account for financial resources to be used for the acquisition or construction of major capital projects. Account Groups - The General Fixed Assets Group and the General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement &results of operations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all fixed assets &the District. General Long-Term Debt - This self-balancing account group is used to account for all long-term debt ofthe District. Fixed Assets Fixed assets used in governmental fund types are recorded in the General Fixed Asset:; Account Group at cost or estimated historical cost ifpurchased or constructed. Major fixed asset additions are financed primarily from bond proceeds. No provision is made for depreciation of assets in the General Fixed Assets Account Group. ,Investments Investments are stated at cost. -7- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Long-term Obligations The District reports long-term debt &governmental funds at face value in the general long-term debt account group. For governmental fund types, bond discounts and issuance costs are recognized in the current period. Bond proceeds are reported as another financing source net of discount. Bonds were issued to finance capital improvements, therefore, issuance costs are reported in the capital project's fund. Designated Fund Equity Designations of fund equity are used to show the amounts within unreserved equity which are intended to be used for specific purposes but are not legally restricted. Budgets and Budgeta _ry Accounting Annual budgets are adopted on a basis consistent with generally accepted accounting principals for the General and Debt Service Funds. All annual appropriations lapse at the fiscal year end. Each year, Management of the District prepares a proposed operating budget for the fiscal year w!fich includes proposed expenditures and the means of financing them: Estimated beginning fund balances are considered in the budgetary process but are not included as budgeted revenues. Furthermore, expenditures may not exceed appropriations at the fund level. The proposed budget is submitted to the Board of Supervisors for approval and formal adoption. Prior to adoption, hearings are held to obtain public comments. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not used by the District. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Inteffund eliminations have not been made in the aggregation of this data. -8- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assessments Under certain Florida Statutes, the District has the power to levy and assess taxes on taxable real and tangible property and to levy special assessments on specially benefitted lands, with the District to pay principal and interest on bonds issued and provide for sinking or other funds established in connection with such bond issues. NOTE 2 - CASH AND INVESTMENTS Deposit~, At September 30, 1997, the carrying amounts &the District's deposits were $46,096. These deposits were covered by Federal Depository Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. It is the District's policy for all deposits io be ~ade into and held by financial institutions designated by the Treasurer of the State &Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. Collateral is pooled in a multiple qualified public depository institution pool with the ability to assess members and recover losses in the event of a default or insolvency. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and the reporting requirements of the qualified public depository is defined by the Statute. The District has not experienced any losses in its cash accounts and believes it is not exposed to any significant credit risk to cash. Investments The District's investment policy allows investments only in: Local governmental surplus funds, trust funds or any intergovernmental investment pool. 2. Securities and Exchange Commission registered money market funds. 3. Savings accounts in state certified qualified public depositories. 4. Certificates &deposits in state certified qualified public depositories. 5. Other obligations permitted under the laws of the State of Florida. -9- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 2 - CASH AND INVESTMENTS (Continued) .The District's investments at September 30, 1997 are categorized below by type to give an indication of the level of risk assumed by the District at year-end. Category 2 is defined as deposits and registered investments held by a pledging financial institution's trust department or agent in the District's name. Approximate Category Carrying Marke~ 2 Amount Value Institutional Money Market Funds $9,760,509 $9,760,509 $9,760,509 NOTE 3 - CHANGES IN GENERAL FIXED ASSETS The summary ofchanges in general fixed assets for the year ended September 30, 1997 is as follows: Balance Balance October 1, September 30, , 1996 Additions, Deletions 1997 Construction-in-progress $ - $I0.771.557 ~ FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4- BONDS PAYABLE The 1996 Bonds are the first series of Bonds issued under a resolution authorizing bonds not to exceed the amount of $93,295,000. September 30, 1997: Bonds payable. October 1, 1996 Bonds issued Bonds payable, September 30. 1997 Original date of bond issue Final maturity date Interest rate The following is a summary of the 1996 Bonds outstanding at Special Assessment Revenue Bonds Series 1996 Due 2003 5; ,, 20,210,000 December 1, 1996 May 1, 2018 7.50% The following are the annual requirements to pay bonded indebtedness outstanding at September 30, 1997: Series 1996 Bonds (Due May 1, 2018): Year Ending September 3 0 Princit>al Interest Total 1998 $ - 5; 1,515,750 $ 1,515,750 1999 450,000 1,515,750 1,965,750 2000 485,000 1,482,000 1,967,000 2001 525,000 1,445,625 1,970,625 2002 565,000 1,406,250 1,971,250 2003-2018 ..18,185,000 13,714,875 31,899,875 5;.__21.080;52_50 ~290.2 -11- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 1 NOTE 4 - BONDS PAYABLE (Continued) Payment of the principal and interest on bonds outstanding is collateralized by special assessments. The proceeds of the 1996 Bonds are being used to finance capital improvements, including surface water management and control systems; water and wastewater facilities; roadways; landscaping and security walls; recreational facilities; security systems and parks. The proceeds will not be used for operation and maintenance of these facilities. Redemption Provisions Optional Redemption The 1996 Bonds may, at the option of the District, be called for redemption as a whole, at any time, or in part on any payment date, beginning May 1, 2007 to mandatory redemption beginning May 1, 1999 and to extraordinary, mandatory redemption, at the redemption prices (expressed as percentages of principal amount) set forth in the following schedule plus accrued interest from the most recent payment date to the redemption date. Redemption Periods Redemption Prices May I, 2007 to April 30, 2008 May I, 2008 and thereafter 101% 100% Mandatory Redemption The 1996 bonds maturing on May l, 1999 are subject to mandatory redemption by lot prior to their scheduled maturity from monies in the 1996 Bond Sinking Act Fund Account at the redemption price of the principal amount thereof, without premium, together with accrued interest to the date of redemption on May 1 of the years and in the principal amounts set forth below: -12- FIDDLER'S CREEK COMMUNI"I%' DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 1 NOTE 4 - BONDS PAYABLE (Continued) May I of Principal Principal Year Amount Year Amount 1999 $450,000 2009 $ 955,000 2000 485,000 2010 1,030.000 2001 525,000 2011 1,110,000 2002 565,000 2012 1,200.000 2003 610,000 2013 1,290,000 2004 660,000 2014 1,395,000 2005 710.000 2015 1,500,000 2006 765.000 2016 1,620,000 2007 825,000 2017 1,745.000 2008 890,000 2018 1,880,000 Extraordinary, Mandatory Redemption The 1996 Bonds are subject to extraordinary, mandatory redemption prior to maturity, in whole or any date or in part on any payment date, and if in part, in inverse order of'maturity and by lot in the manner determined by the Trustee, at the redemption price of 100% of the principal amount thereof, without premium, together with accrued interest to the date of redemption, if and to the extent that any one or more of the following will have occurred: (a) on or after the Date of Completion of the 1996 Project, by application of monies transferred from the 1996 Acquisition and Construction Account to the 1996 Prepayment Subaccount in accordance with the terms of the Indenture; or (b) prepayments shall have been deposited into the 1996 Prepayment Subaccount; or (c) amounts on deposit in the 1996 Reserve Account, on the date on which the amount on deposit therein together with other monies available therefore, are sufficient to pay and redeem all of the 1996 Bonds then outstanding. Bond Resolution The bond resolution and trust indenture with a Florida bank established certain accounts and determined the order in which certain revenues are to be deposited into these accounts as outlined in Article V of the Master Trust Indenture. -13- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4 - BONDS PAYABLE (Continued) Construction Rese~'e Account Proceeds received from the sale of the 1996 Bonds, after deducting costs of issuance, accrued interest, capitalized interest and the 1996 reserve requirement, were deposited to the Construction Reserve Account. At September 30, 1997, the balance in the Construction Rese~'e Account of $5,535,055 was included in Capital Projects Fund investments. 1996 Reserve Account The 1996 Reserve Account will be funded from proceeds of the 1996 Bonds to the least of(a) the maximum annual debt service requirement for all outstanding bonds, (b) 125% of the average annual debt service for all outstanding bonds, or (c) the lesser of (i) the aggregate of 10% of the proceeds of the 1996 Bonds or (ii) the principal amount of the 1996 Bonds outstanding. At September 30, 1997, the Reserve Account balance of $2,215,018 is included in Debt Service Fund investments. Interest Reserve Account The amount deposited into the Interest Reserve Account, together with other amounts on deposit, will equal the amount ofthe interest payable on the 1996 Bonds at the payment date. At September 30, 1997, the Interest Reserve Account balance of $2,010,436 is included in Debt Service Fund investments. NOTE 5 - RELATED PARTY TRANSACTIONS 951 Land Holdings Joint Venture. ("Developer"), is a major land developer and sole landowner of the land within the District. In September 1996, the Developer, as sole landoxvner of the District, elected the Board of Supervisors. The Developer reimburses the District for all operating expenses of the General Fund. NOTE 6- MANAGEMENT AGREEMENT The District has executed an agreement dated August 20, 1996 with a management company to perform management advisory services which includes financial and accounting advisory services. Under the terms of the agreement, the district compensates the management company for certain expenses such as travel, express mail, word processing, long distance telephone, postage, photocopying, courier and computer services. -14- 16G 1 OTHER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA (~?~RTIFiI';D P~BLIC ACCOUNTANTS A PARTNERSIliP OF PROFESSIONAL ASSOCIATIONS 1 240 W. PAI,METTO PARK ROAD. SUITE 300 . BOCA R.ATON. FLORIDA 33432 TELEPIIONE (561)367-1040 FAX {561)750-3236 J£PFREY A. BOI,TON. CPA. P.A. MICi [A£L I. DAgZKAI. CPA. P.A. ROBE. RT A. .M A.'~£L..~ CPA. P.A. TLMO'I'HY R. D EV'i..LN. CPA. P.A. M EMBER OF 'rilE A.M ERICA.'4 LN'$TITU'FE OF CERTIFIED PUB~.~C ACCO L.'?','TA..'~-f.~ INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VEILYMENT AUDITING STANDARDS Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District (the "District") as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Sta~vdards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of'an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal controls structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of' any evaluation of' the structure to future periods is subject to the risk that procedures may become inadequate because of'changes in conditions or that the effectiveness of'the design and operation of policies and procedures may deteriorate. -16- INDEPENDENT AUDITOR'S REPORT ON TIlE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITtl GOVERNMENT A UDITING STANDARDS 1615 In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1997, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to pro, fide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more ofthe specific internal control structure elements does not reduce to a relatively Iow level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended solely for the Board of Supervisors, the District's management, the Auditor General of the State of Florida and other state and federal audit agencies. However, this report is a matter of public record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -17- DASZKAL, BOLTON & MANELA (;.'ERTIFIED PUBLI~7 AccOUNTANT.~ A PARTNERSlllP OF PROFESSIONAL ASSOCIATIONS 24{I 'it,'. PALMETTO PARK ROAD. SUITE 300. BOCA RATON. FLORIDA 33432 TEI,EPIIONE (,{,61)367.1040 FAX JEFFR£Y A. BOLTON. CPA. MICIIAEL L DASZKAI. CPA. P.A. ROBERT A. MANElo'~..CPA, P.,L TLMOTI{Y R. DEt,'LLN, CPA, P.A. M E.M BER OF 'I-HE A.M ERICA.N' L'iS'ITsTL'TE OF CERTIFIED PUBLIC ACCOL.?,'T,'C';'I'S 1 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Fiddler's Creek Community Development District Naples. Florida We have audited the general purpose financial statements of the Fiddler's Creek Corrm~unity Development District (the "District") as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and Gover~rnent Auditing Standards', issued by the Comptroller General of the United States and Section 11.45(3)(a)(4) of Florida Statutes. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are f+.ee of material misstatement. Compliance with laws, regulations and contracts applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of' the District's compliance with certain provisions of laws, regulations and contracts. However, the objective of'our audit of the financial statements was not to provide an opinion on overall compliance with such pro,,-tsions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under (;ovet'nment Attditing Standards. This report is intended solely for the Board of Supervisors, the District's management, the Auditor General of the State of Florida and other state and federal audit agencies. However, this report is a matter of public record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -18- DASZKAL, BOLTON & MANELA C'ERTIFIED PUBLI~ A PARTNERSIIIP OF PROFESSIONAL ASSOC.'IATIONS 166 1 140 W. PALMETTO PARK ROAD, SUITE .31)0. BOCA RATON. FLORIDA ..t, 3431 TELEPIIONE (561).36'/.I040 FAX (S61}7.~,0-3236 JEFFREY A. flOLTON. CPA. P.A. MICIIA£I. I. DASZKAL. C?A. P.A. ROBKRT ,L MANEIo'.. CPA. P.A. TL','IOTIIY R. DE','LIN, CPA, P.,'t. MF.M BER OF DIE A.M ERICA.N' INSTFI-I-I'£ OF CERTIFIED PUBLIC ACCOL,'~q'A~N'I'S REPORT ON COMPLIANCE WITH CERTAIN BOND TERMS, COVENANTS, PROVISIONS AND CONDITIONS Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited, in accordance with generally accepted auditing standards and Government ,4 uditmg Standardv. issued by the Comptroller General of the United States, the general purpose financial statements of Fiddler's Creek Community Development District (the "District"), as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. In connection with our audit, nothing came to our attention that caused us to believe that there was an event of'Default as defined by Section 8.2 of the authorizing resolution for the Special Assessment Revenue Bonds, Series 1996 insofar as they relate to accounting matters noted in Articles IV and V. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. This report is intended solely for the use of the Fiddler's Creek Community Development District, the Auditor General ofthe State of FIorida and other state and federal audit agencies and should not be used for any other purpose. However, this report is a matter of public record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -19- H~ I .................. II IIII 0 ~ 0 ~ 0 ~ o i-- g o® 0 CD 0 0 0 0 0 0 166 1 16G Ii I I Ii 16G 1 0 '13 MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development Distdct has submitted the following: (a) Minutes of meetings held February 19, 1998 (b) Minutes of meetings held March 19, 1998 Thank You. ;~special~r, pecial Port of the Islands COI"AMLJNI [Y IMI"I[~OVEML_N 1 DI.~.;TI-~ICT 16G 1 March 25, 1998 Memorandum To: Clerk of the Circuit Court do Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hocb, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union I~ad Naples, Florida 34114 Reference: Minutes of Meetings held February 19, 1998 From' Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the B,ard Supervisors of Port of the Islands Community Improvement l)istrict as referenced above. GLM~mr ; ~AR 3 0 1998 10300 N.W. 11th Manor · Coral Springs Florida 33071 · (305) 753-0380 · Fax: (305) 755-6701 1 lV[INI,rrEs OF MZEETING PORT OF THE ISLANDS COMMIINITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, February 19, 1998 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Chairman Supervisor Supervisor Supervisor Aiso present were: John Petty Darrin Mossing Tim Stephens C. Lawrence Keesey Several Residents District Staff District Staff District Staff Young, Van Assenderp et. al FIRST ORDER OF BUSINESS Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that Supervisors are present with the exception of Mr. Burgeson. SECOND ORDER OF BUSINESS Approval of the Minutes of the January 15, 1998 Meeting Mr. Barnard stated that each Board member had received a copy of the minutes of the January 15, 1998 meeting and requested any additions, corrections or deletions? There not being any, IOn MOTION by Mr. W°l}ky seconded by Mr. Gatti with all]l lin favor the minutes of the January 15, 1998 meeting were [approved.. THIRD ORDER OF BUSINESS Consideration of Water and Sewer Standby Lien to be Placed on Additional Property within the District Mr. Barnard stated this item emanated from a phone call that I had to Mr. Mossing in the ongoing saga of the North Entry Parcel that all of you are familiar 16G February 19, 1998 with. I was meeting with the lenders that have tax liens on the property t~-ing to work out a deal to get everything brought up to date and paid. In that discussion. Mr. Mossing mentioned some other properties and asked if I wanted information about those and I said "tell me what they are". I will let him give you a report on what they are and what their status is. One was the commercial property that belongs to Mr. Carmangani which are the two parcels as you enter. If they have considerable fees it must be from day one because I think there are only 12 ERC's assigned to that property so it must have gone unpaid since he bought the property in 1994. Mr. Gatti asked which parcels are they? Mr. Barnard responded it was the two commercial properties as you turn into Cay's Drive. On the East side of the property is a three acre parcel and the other is a six acre parcel which has a wetland on it. Each one has six ERC's. It was in the magnitude of several thousands of dollars and I said that maybe we need to look at those that are in similar condition with the property that is across the street so we can have the Attorney draft a letter. That is the first step that we took with that property where we said "if you do not pay, we are going to file a lien". I thought that before we did that, we needed to bring it to the Board's attention and find out what other properties have so that we do not become guilty of not being even handed on how we treat properties. As you know, we have recorded a Lien and that lien has been assumed by a subsequent purchaser and the people that have the tax liens ahead of that are aware that they cannot develop the property unless that is taken care of. However, that could be someday down the road where you collect the lien amount plus the interest. That is why I put this is on the agenda and I wanted Mr. Mossing to come and give us a Report on the status of those properties. Mr. Mossing stated the Carmangani property has a balance of $10,000. There is another property that Old Florida Investments owns that has approximately $20,000 on it. Those are the two properties that have the standby billing wi~h substantial balances. Ms. Strohm asked where is the Old Florida property? Mr. Mossing responded that is by the RV Park. Mr. Petty stated that is the North Parcel behind the Hotel. Mr. Barnard stated I believe that is the proposed RV Park. I am not sure whether it includes the existing RV Park. Mr. Mossing stated it is not included. Those are the balances. Mr. Barnard asked are there any others that have more than $5.000? February 19, 1998 16G 1 Mr. Mossing responded the Harbor Club Developer has some standby fees that are substantial but we are going to be working with them. They are developing their property and we are working with them to take down from the existing multi-families that are going on-line and subsequently reducing their standby bills simultaneously a s they put all the new users on.line. I am not concerned. They have been paying in the past. Those are the standby accounts that I am not concerned about rushing forward with liens. Mr. Barnard stated I am not sure that hens is the answer. I suspect the letter is how we started with Mr. Martello. We wrote him a letter and then we did not get z, response. We let it go a couple of months and then we eventually wrote him a letter sa34ng that we were going to file a lien. Mr. Wolsky stated if we are going to do that for one landowner, it would seem to me to be even handed as you pointed out and do it for a number of landowners. Mr. Barnard stated I am not sure that the expense involved is a good business decision. The problem is that those same properties have three lots. I do not know about Mr. Carmangani. I suspect that is something that the Builder is not aware of. He gets this postcard every month and probably throws it away. I think a letter to him with a copy to his Attorneys who I have the name of, will get you a check. Tha~ would be my guess but that is the first I was aware of it. When you do that. you do not want to be tmfair in the way you deal with properties. The problem is that we go through the expense of filing and recording the lien. We could end up in the same position that we are with the property across the street where there will be in June over $700,000 worth ofliens against that property. If that was sold at auction, it is assessed at $135,000 and I do not know what it would bring but probably not $700,000 and our hen would be wiped out. A resident asked is it my understanding that tax hens and the CID assessment could take precedent over all other liens? Mr. Barnard responded the CID assessment becomes a part of the tax liens. Other than the IRS, they are high up on the list. A few agencies can get in front of them but not much. A resident stated instead of looking at each individual case, I would suggest that the Board come up with a type of policy where this is the time frame you have to pay your bill and if the bill is not paid, it would automatically go for a lien. It should be consistent throughout, with no exceptions. That way, I think all of you would stay out of trouble. 3 16G 1 February 19, 1998 Mr. Mossing stated the District's Counsel has stated before that it is in question whether the District, because of water and sewer utilities, has the ability to hen property for those utilities. The property that we did lien, we had to go through a court judgment and they consented to the District placing the lien on the properW. It is not a standard filing of a lien that you would normally see. The resident asked do we know what the cost is? Mr. Mossing responded yes. I spoke to Mr. Anderson and he said the cost was $3,500 to $4,000 for Attorney's fees or the placement of that lien. That was based upon the consenting party agreeing to it. Mr. Barnard stated that money is collectable if the lien is ever collected. In other words, if the lien is foreclosed and the property seUs For enough to pay everything that is against it. The resident stated that is not true. I think under the law, the tax lien and the special assessments get paid first before any other liens. Mr. Barnard stated that is what I said. It sells for enough to cover all of the first liens and all of the next liens plus the cost of placing that lien. You get your money back. However, anywhere short of that number, you have filed a lien that may not be collectable. This one is a $10,000 lien against property that is worth probably in the neighborhood of $300,000. I sa)' there is a good chance that the taxes are paid current. The resident stated my only concern is if we are not consistent in our poh%', someone could take us to court. That is what I am trying to get at. Mr. Petty stated I think we are being consistent with our pohcy by bringing it to the Board. Of course, there is nothing wrong with adopting a procedure for a time frame but I think we have been consistent whenever we have had overdue standby fees and have brought it to the Board. I think your suggestion about sending a letter first is consistent with past due policies. I also think that the rest of the matter is basically up to what you hear from legal counsel and I would like to give Mr. Anderson some time to take a look at that. I think the suggestion of sending out the letter is a good one. Mr. Bm-nard asked should the letter come from the Attorney or from the District? Ms. Strohm asked can we send the first letter from the District foUowed by a letter from the Attorney? Mr. Petty responded I would think that the suggestion of having the District send a letter followed up with the Attorney, is a good one. 4 February 19. 1998 Mr. Barnard stated saying "if we have not heard from you within 10 days. we wiJl notify the Attorney". A resident asked does interest accrue on this? Mr. Barnard responded it does once a judgment is recorded, assuming that the party against who it is being recorded agrees to it. That is what we did before. Ms. Strohm stated I would make a motion that the District send the first letter? Mr. Gatti asked to which group? Ms. Strohm responded to anyone that is outstanciing. Mr. Barnard asked is it a time different or a dollar amount? Someone could not pay on a lot for three years and still would owe $300. I do not thLrflc we want to go to that expense on a $300 item. We would just write them a letter saying "you will not get any water service until you pay it". We have tried to create something where the lots sell. I have the Closing Agent contact the District to find out if there are any water and sewer fees in arrears and try to collect them at closing if there are. Sometimes they sell by owner and I do not know that it is happening and there is no way that I can get involved. Mr. Gatti stated I would suspect that there are individual lots that have not paid their standby fees. Mr. Mossing stated some of them pay quarterly because it is $18 a month. Mr. Gatti stated there is a series of circumstances out there where the effort to go after them would be more than it is worth. Mr. Barnard stated I think maybe what we should do is to have the District come back to us at the next meeting with a recommendation for a level of trigger, whether it be $2,000 or $5,000. I do not know what the level is but 10 or 20 days certainty seems to be significant and I do not think we should not wait that long the next time. Mr. Wolsky stated it seems to me that when we went ttu'ough the whole process on deciding whether a lien should be placed on this property and when we tried to serve the lien, it turned out that one of the owners said "I do not own that property and it is incorrect to do a lien against me". Mr. Barnard stated that is correct. Nh". Wolsky asked would it be advisable to check out who these various organizations are? Mr. Barnard responded I think the Attorneys will probably do that this time. Mr. Wolsky stated before we go through the expense of doing that. February 19, 1998 Mr. Barnard stated with Mr. Carmangani, I know that he and his son own it together. The other entity is a corporation and I am sure that someone could get the names of the people that are involved. Ms. Strohm asked if we were in a City and had City water ,"md the tot owner, landowner or homeowner owed the City money and they sold it on their own, what would the City do? Mr. Gatti responded in the case of both the County and the City, you have to go in and fu'st pay the impact fees which is a little different than what we have here. Then you have to get a meter. Before we issue the meter, which is what turns the water on, you have to pay the bills. Mr. Barnard stated she is talking about a vacant lot. Ms. Strohm asked what ff they sell the property? Mr. Gatti responded we do not care how often the property changes hands. We accumulate whatever debt rides with that property. If that property does not get sewer or water, then the meter and the occupancy permit are on hold until the impact fees are paid which are considerable and any other outstanding costs on the property. Do we put in meters? ND. Barnard responded yes and that certainly is the trigger. When an unimproved lot is sold from one owner to the other, there may be some back fees. When I am aware of the sale, I ask the Closing Agent to check with Mr. Mossing or Mr. Dan Daly to fred out if there are any unpaid bills and we just collect them at the closing and bring it up to date. Mr. Gatti stated which is the best way to do it. Mr. Barnard stated but if it is a sale by owner that goes through another Closing Agent, I do not know anything about it and that can go unnoticed. On a single family lot, if someone had not paid since day one, we would still only have a $300 outstanding bill. It becomes important in the larger parcels. Mr. Gatti asked what is Old Harbor? ND. Barnard responded Harbor Development is Stella Maris. It is the land that Stella Maxis is being built on. Mr. Petty stated staff would recommend to this Board that you authorize us to send a letter to these three Parcels that we think are material to our system. Before we come back to the Board with a policy, we will wait to hear back from Counsel. it is my recollection that we had talked about this before. He preferred that the Board exert that influence based on their opinion of the need rather than have a policy that would have him spend $3,500 for a $500 collection. ....... ~ iii tml IIIIIII II IIII IIIIII I ........ ' ' - .......... III I iii 16 ; 1 February 19, 1998 Mr. Barnard stated I agree. Mr. Gatti asked should the letter include the suggestion that if the amount is not paid, that our next step would be to put a lien on the property? That might give an incentive to get someone's attention. Mr. Barnard responded that would be a possibility but [ would not commit yourself to it in the letter. Mr. Gatti stated maybe we should say "our first step is to make you aware of the problem. The next level of recourse is for us to put a Lien against your property. We are just bringing this to your attention". Ms. Strohm stated I would suggest that we send them a copy of the total amount due. Like you said, Mr. Barnard, when they get that postcard, they think there is nothing on the land and are not using water so they do not owe anything. Mr. Barnard stated I think it may be appropriate that the letter include a brief explanation of what standby fees are. Lets just assume that people do not understand what this is and do not know what they are getting. It would be a two line explanation of standby fees and then something to the effect of 'yoars have been unpaid since 'x' date. Currently $10,000 is due and we anticipate hearing from you within 10 days". Mr. Petty stated may I also suggest that it be sent certified mail as you are going to hear later on in the meeting that money is important to us. On MOTION by Ms. Strohm seconded by Mr. Gatti with all] in favor District staff was authorized to send a certified[[ letter to the three parcels that have unpaid bills demanding][ payment from the District and if there is no response, ali letter will be sent from the Attorney.. .... Ms. Strohm stated we had discussed sending a letter to the Hotel for payment. Was that letter sent? kix. Barnard responded that will be part of the staff report. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer Mr. Barnard stated I received a call from Mr. Benson asking ff there items to be addressed by the Engineering Firm and I told him that I was not aware of any. There were not any on the agenda. I did have a question which he is providing an 7 16G I February 19, 1998 answer to in regards to effluent dispersal and the capacity to do the same. It seemed like there was a temporary Operating Permit at a dispersal capacity lower than the capacity of the Plant but that is being corrected with the permanent Operating Permit. I will wait and let him discuss that when he is here. C. Manager Mr. Mossing stated we sent the letter to the Hotel by certified mail and the Hotel sent us a payment. They owed us approximately $11,000 in back assessments and the check that they sent us was for $10,600. I spoke with Joselyn at the Hotel and she still had a couple of questions on a small balance. I told her that I would continue to work with her and not discontinue service which is not what we wanted to do. Mr. Barnard stated that has never been our intention. Mr. Petty stated in reading the m~nutes from last month's meeting which I was unable to attend, sign issues came up for discussion. As you know, we have talked about various signs such as for neighborhood watch, architectural signs and informational signs. In the month of December, we had combined all of those signs into a dollar pool with the instructions for staff to come back with approximately four or five signs under $5,000 to include the very large informational signs on Newpo~ Drive, to replace the informational signs on the North Road and to incorporate the neighborhood watch signs. We have chosen a design. It has taken some time because these large signs take more attention than the neighborhood signs. We have finalized the design portion of it and are currently seeking competitive bids to make sure that the guy that we have worked with all tl~is time to get this design to this point, is not making too much money. We want to make sure that it is a competitive price. We have the colors, the information that is supposed to go on the sign, the wood design and the type of wood. Now what we are looking for is to get some competitive pricing from local companies. By the nezt meeting, we should either have the signs in place or be able to report to you that they will be there shortly. Mr. Barnard stated somehow the numbers are confusing me. Are they giving us four or five signs for $5,000? Mr. Petty responded four or five types of signs. I think there were a mi_pimum of six neighborhood watch signs. Mr. Barnard stated I knew that we had $5,000 but I thought we got more signs than four or five. 8 February19,1998 Mr. Petty stated the price that I got from the initial company was for one of each sign so I could place those and make sure that we were happy before I got the quantities thereafter. Mr. Barnard asked what was the bid price? Mr. Petty responded approximately $2,300, which means that we should makc the $5,000 range if we decide to go with them. Mr. Barnard asked will you bring something to us at the next meeting'? Mr. Petty responded yes. Either a sign or a Purchase Order. Mr. Barnard asked what else do you have? Mr. Petty responded also from reading the minutes, we had discussions on landscape maintenance, particularly in the form of pest control of the ants. In the existing landscape contract, we have an infestation by insects and control. It was basically put in there for the upkeep and caring for the plant material. When we look for infestation, we are looking for damaging insects in the lawn, specifically to see if is going to damage the bahia grass. That is included in the price and we had our Field Representative, Mr. Stephens contact the cun'ent Landscape Contractor and tell him that, that is exactly what he is supposed to do and will be watching for that. He is out there now spraying for those ants that have gotten out of control in certain areas. We are bidding out that job again for another two year period and that is ongoing as we speak. I have the advertisement in the newspaper and hopefully at the next Board meeting, we will have some bids for the Board to consider. The bids have not changed to a different type of control and I am looking for some direction, if that changes. We think that the current contract has enough control in it to satisfy most needs of the community but there are alternatives. Increased control raises the price drastically. The effective way we treat now is from Diazanon, Durasban and Andro placed on the mounds when they get large. Eradication control has not prcven to be effective. We are not talking about a $1,200 or $1,500 increase. We are talking about a very large increase in the annual contract for that method. It would be staffs recommendation that the existing policy can be effective. [ On MOTION by Mr. Gatti seconded by Ms. Strohm with all ]in favor the staff recommendation to remain with the[[ [existing policy for ant control was approved. Mr. Barnard stated it is a problem all over Florida. In cases like this where we have lawns and fields right next to them, you cannot go through and kill them 9 I I I I I IIII I I IIIIIII II I II III III Iil February l9, 1998 throughout the property. It is physically and economically impossible. We just have to do the best we can and within the constraints of the Budget. Is there anything else, Mr. Petty? Mr. Petty responded yes. The wetlands monitoring contract is also up for rebidding at this time. We just received the detailed specifications from the Engineer. If you recall, two years ago when we bid it, we were looking for better comparable qualities in the bid so the Engineer provided those and that should go out in the near future. It is probable that we will not get that by the next meeting but the following meeting because we would like it to be out there for three weeks to get amp!e opportunity for them to return. Mr. Barnard asked when does the existing contract expire? Mr. Petty responded I believe it expires April 1st but we c~m continue it on a month to month basis. Mr. Gatti asked can you tell me what that is? Mr. Petty responded that is basically the quarterly monitoring that is required in the discharge area of our Wastewater Treatment Plant. Mr. Barnard asked is that the wetlands monitoring for the Phase 2 area? Mr. Petty responded no. Mr. Barnard stated we also have a monitoring requirement ['or the wetland basins. Mr. Petty stated it is such a small number that we usually just tack it on. Mr. Barnard responded is there anything else? Mr. Petty responded yes. In the last couple of months, we have been visited by DEP for several different reasons, one of which is to look at the operational license of the Wastewater Treatment Plant. They have come up with several suggestions and operating protocols. It is quite possible that over the next six months to a year, some modifications to the Wastewater Treatment Plant may be required. This is something that we looked at when we first constructed the Plant four or five year~. ago and is now coming to the flow amount from development. We are reaching that stage where it may be time to take a look at adding some features to that Plant. On the Water Plant side, the Department of Environmental Protection is starting to look at our wellfield which is 36 or 38 years old. That also had been considered as a capital improvement project some five years ago and was put on our list of things to do to bring to the Board's attention as part of our rate study and water and sewer bills, which the standby fees help support. It is supposed to put approximately $75,000 a year into a Reserve Fund for these types of projects. It 10 ,, ~ ~ ~ i iii III III IIIIIIII I IIIIII I I - I I IIII II I I IIII II III ' ""- " ...... 1'"~ February 19, 1998 looks like we will be facing some of these capital improvement projects in the next year. In line with that, I am coming to the Board tonight to ask for permission to involve the District Engineer in this discussion with DEP over the quality of our wellfield. Mr. Barnard asked do you need a motion? Mr. Petty responded since we are expending the Engineer's time, I would like a motion. Mr. Gatti asked are they going to look at the water quality, the quantity and our right to that water via the South Florida Water Management District? What is the problem? Mr. Petty responded all of the above. The first issue that they have come at us with is that they have sampled the wells and have detected surface water quality. They do that by the presence of constituents. Their indications put us at one point above the limit and therefore, they are looking to institute surface water rules on us which would call for us to build a new Water Treatment Plant. Secondly, they have come back and said that they would re-test which of course we wish to do but they are already talking about some repair modifications to the well heads themselves, some tubing for draw down devices, etc. We know that the wells are 36 years old. They were built during a time where ground water monitoring wells surrounding them were not required. We know that during the issuance of a new permit, that will be required. When we looked at our capital improvement program five years ago we saw that. Mr. Gatti asked at this point, are you going to get a scope of work from the Engineer or are you going to actually direct them to do the work? Mr. Petty responded we are going to ask the Engineer to discuss with DEP the materialness of the program. We had just gotten an extension to our Consumptive Use Permit for five years which put us on a workable plan. If we have to go on another year, that is going to cause us some distress so we are looking for the Engineer to make sure that it is necessary. Mr. Barnard stated it is not to implement any repairs. Mr. Petty stated it is to make sure it is necessary. On MOTION by Mr. Wolsky seconded by Ms. Strohm with all in favor the District Engineer was authorized to participate in the discussion with the Department of Environmental Protection with regards to whether modifications to the Wastewater Treatment Plant need to be made. 11 February 19, 1998 16G 1 FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Wolsky asked is Stella Maris going to go all the way around the seawall along the canal? I noticed that there was a dredger out there that was dredging sana up and using it for fill all around that area. Mr. Barnard responded my understanding from the plans that I have seen is that eventually they will go all the way around. Mr. Wolsky asked are we allowed to dredge? How does someone go about doing that? Mr. Barnard responded we had a Maintenance Dredge PezTnit. [ am not sure whether it is valid at this point but it is something that can be obtained. They are good for five years and you have to go through the process. Generally if it is for a canal such as this, a Maintenance Dredge Permit is all you need. If you wanted to dig a new canal that is a different story but if you are maintaining one that is already there, it is fairly easy. Mr. Wolsky asked would that permit apply to the homeowners? Mr. Barnard responded it applies to any area that is approved. There ,,-ill be a drawing attached to the permit that has shaded areas where dredging can be done. We have had questions recently about maintaining the main canal and dredging tha~. out where there are some low spots. I have no idea how you would go about that. Mr. Gatti stated that would be the Corp. of Engineers. Mr. Barnard stated you could not have a spoil bank like there is there now. You would have to dispose of it, and we would need to have a way of paying for that, that I cannot invision from here. Mr. Wolsky stated I am asking for the benefit of the homeowners who have difficulty getting their boats in the water at certain tides. Who would you need to contact to do that without raising eyebrows? Mr. Barnard responded if you go through the permitting process, you are probably looking at six to eight months and $10,000 to $20,000. Mr. Gatti stated if you want to ask some questions, start with a gentleman bl.' the name of Mr. Steve Seal at the County. I do not think he can resolve your problem or give you specific direction but he can tell you who to talk to and what the proces~ Mr. Wolsky stated there is a fire plug down. Mr. Stephens stated that is being repaired. We had to order a part. 12 16G 1 February 19, 1998 Mr. Wolsky asked how does one pay down their assessment? Mr. Petty responded ff you would call the District office, we can tell you what your outstanding balance is and you can make a payment. Mr. Mossing's office would be the appropriate party to contact. Mr. Wolsky asked what is their number? Mr. Mossing responded you want to ask for Ms. Rhonda Archer. If you have a Fax Machine it would be better to fax your request but the direct number is (954) 796-6630. Just request from her the balance of assessments on your property. Mr. Wolsky asked can that be done at any time? Mr. Mossing responded there are two times a year, May 1 ,"md November 1 in which the District calls bonds if there are funds available in the Redemption Account. The funds have to be in the account 45 days prior to that date. On September 15th and March 15th we value that Redemption Account and the trustee notifies the bondholder of the redemption. Those are the dates that you want to pay closest to. Mr. Petty stated you are pa}Sng for this year's in your tax bill. If you pay for MW, you are paying in advance. You probably want to make your pa}q-nent in mid- Summer by the first of July. We can call out bonds every six months but you do not want to give me the money and lose interest on it because I do not credit you any interest. Mr. Wolsky stated if you get the money on July 1st, it will be against the amount on September 15th. Mr. Petty stated that year's tax bill will then show that reduction because we will have that money in here. Ms. Strohm asked what does that do to the interest that you collect on the money that we are paying? Mr. Petty responded by pre-paying this ~mount, it does not help anybody else in the District. It only affects you personally. No one else's goes up or down. Ms. Strohm stated I know that. Does the District base its Budget, assuming you are going to collect that interest over the '10 year period"? Mr. Petty responded no. Mr. Barnard stated that interest goes to the bondholders. The District does not get any of it. Does anyone from the audience have any comments? Mr. Berger asked Mr. Petty, could you clari.fy for me the problem with the neighborhood watch signs? 13 February 19, 1998 Mr. Petty responded there is no problem with them. We are just looking at getting a competitive price for the sign package which includes the neighborhood watch signs. Mr. Berger asked did we pick out a sign? Mr. Barnard responded yes, but we did not pick out the frame or approve the color. We have a whole consistent sign package. By the next meeting ~ve should have those signs. Mr. Berger stated we know which sign is going to go in the frame but we do not have the frame. Mr. Petty stated that is correct. We finally have the design ,and now we are verifying that we have a competitive price. Ms. Strohm stated the neighborhood watch signs match the directional signs. Mr. Green stated my name is Mr. Bill Green and I moved in December with my wife Marge. Is there an annual meeting in which you discuss financials? In the interim period, are the fmancials available to an average resident? Mr. Barnard responded the answer to both ofyour questions is yes. Mr. Petty stated our office has copies of the Budget available to any resident who requests them. We do not print them in advance because they take some time. Mr. Green stated my interest was peaked by the colloquy that went back and forth about what might happen as a result of the DEP. The inference was that we are getting $75,000 per year in a Reserve Account to provide for renovation. I would like to look at those numbers and see what might happen five years from now. Mr. Barnard stated it is too early, to determine what the scope of the problem is because until we get the Engineers to work with the DEP and try to mitigation and explain to them why we do not need to do that, I think the answer is that we do not know. Beginning in June, we will have a Prelirninars, Budget for the comir, g year which is our Fiscal Year from October 1st to September 30th and in the June meeting, we have the first look at the Budget. It gets approved in August so ~ve have about two months. Mr. Petty stated we have a minimum of two meetings to discuss the Budget. Mr. Gatti stated we do not have any significant reserves. Mr. Barnard stated there is a budgeted amount for a $75,000 standby fee Reserve Account to expand the capacity of the Plant. We have not been able to fund that. Is that correct? Mr. Petty responded there are monies in the Reserve Account but that is a line item that we use if there are not enough funds. 1 14 16G 1 February 19, 1998 Mr. Gatti stated your point is well taken because when you look long term when we are all here and evewthing is up, we are going to be in the position that we are going to put money into the Plant, the wells, replace some of our roadways and are not putting money aside for that. M_r. Barnard stated when you think about why we have a Plant and why we have to add to it, the bonds were issued and the estimate for the cost of construction of the Sewer Plant was approximately $2,100,000. We had the Plant designed, the bids came in and the cost of the Plant was somewhere in the neighborhood of $2,700,000, which was $600,000 or $700,000 higher than what we had anticipated. We did not have the money. We had only sold $2,100,000 worth of bonds and that was our Budget so what we did was we designed a Plant that would cover us for seven years and at that time, there were reasonable numbers. I think at that time we were looking at less than $200,000 to be able to expand the Plant to bring it up to full capacity and that is part of what we are setting aside reserves for. Sometimes the Reserve Accounts get used to pay the rent and that is what has happened. A resident asked can you still go on building out here after seeing all the problems? Mr. Wolsky responded we are all heartened by the fact that he is building because people are moving in. That is an increase of income for the water that we are producing. Mr. Barnard stated that is the only way that this community will ever become a viable community. Mr. Green stated it is more of a fixed expense property than a variable expense property. Mr. Barnard stated exactly. A resident asked when you pre-pay your bonds, do you expect some kind of acknowledgment from that payment or do you just wait? Mr. Petty responded no. Typically it is in the form ofyour tax bill. Mr. Barnard stated you should be aware that pre-paying your bonds relieves you of the principal and interest portion of the bond payment but there is still a maintenance assessment which is approximately $228 a year and that will still be there. You will see that you still have a small assessment. That is the Operational Budget as opposed to paying off the bonds. Are there any other questions? Hearing none, 15 February 19, 1998 16G SIXTH ORDER OF BUSINESS Approval of Invoices [ On MOTION by Mr. Gatti seconded by Ms. Strohm with all ][ [in favor the invoices for January and February for the[ [General Fund and Water and Sewer Fund in the Amount of [[$48,266.23 were approved. The adjourned at 4:45 P.M. f~T~. or~a~ L. Barnard Chairman 16 AGENDA PORT OF THE ISLANDS C O1VIiYIUNITY ~IPRO~ DISTRICT Thursday Febr~,~ry 19, 1998 4:00 P.M. 25000 Tsmiami Trail East Naples, Florida 1. Roll Call Approval of the Minutes of the January 15, 1998 Meeting Consideration of Water and Sewer Standby Lien to be Placed on Additional Property within the District 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment NOTE TO AT,T, MEETING ATIENDEE. S: Please identify yourself each time you speak to frill; ~ate txanscription of meeting m{ nLI~..S. -- Tbnnk you for your assistanc~ Naples OatLy News Naples, FL 339~.0 Affidavit of Publication Naples Daily Ne~s PORT OF THE ISLANDS 10300 NU 11TH MANOR CORAL SPRINGS FL 33071 57639179 Notice Of Meeting Po State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published st Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is 8 newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office Jn 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 she has neither paid nor promised any person, firm or coporstton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHE0 ON: 02/12 AD SPACE: 63.OCX~ INCH FILE0 ON: 02/12/98 .............................. ..... /) Si~Pature of Affiant ,'-' r~' S.orn tO and Subscribed before me this /~"'day of PersonalLy known by me !,.~-//,,~C /. .~ .,,~ ~-~ ~ / / ' / 0120 NOlle): OF MEETING Notice O~ Porl of r~e Islands Commun~v Irr~rovemer~ Co~mun~ lng Is ~en to ~e public and will ~ C~u~ed In visits ~ P~ldo Com~un(~ Devel~me~ There m~ ~ ~co- ~e by tel~e. At ~e ~ve I~on ~ere will ~ pr~e~ a ~er te~e- e~ea Oe~ ~ Ond be ~llv f~med of ~e ~1~ pl~e e~er In per. ~ or by tel~one c~- Any Pe~ ~lrme~ ~ld (9~) 7~3~0 ~ I~t five m~ by ~e ~d w~ re~e~ to any m~er cee~lngs Is made, Including ~e tesflm~v a~ evlde~e u~ such appeal Is G~ ~ Moyer 16G 1 · .,~,':::.::'.:?k, Judith A. F!aJn. igan : ' "~ "*'"' ' r,' C~L~,UISS;CN w CC~G8787 EXP!RES ;,.* ? __..r.~..; .'-ebru~/ t~. 20C0 Z~8888~8§'88~ ti llll 16G ~ 11 8 Interest Income P~oDedy Tax Revenue Total Revenues Administrative Legal Services A¢¢ounfln~ Annuol A~A A~e Re.re T~ ~r ~em Tele~ne P~ta~ Pen~ & L~ I~ra~e Pdn~ & 8~alng L~ol Adver~ O~er Current C~gm O~ce ~e~. ~s. etc. A~nt Poi ~e~ro~n Ca~ ~ Total Admlnlsb~ve Fte~d pe~nn~ ~A T~ P~ S~t I~gaflon Wo~r Ca~l Repa~s & ~tena~e O~ra~ ~a~e ~t~e La~a~ & I.~n M~ul~ C~ Total Field Total Expenditures Excess Revenues Fund Balance 10/I/97 Fund Balance 1/98 Port of the Islands Community Improvement District General Fund Statement of Revenues and Expenses For l~e Period Ending January 31.19q8 General Fund Prcxated Budget Actual Budget Thru 01/31/98 Thru 0 1/31/98 Variance $3.C1~ 51.0Cx~ 52.77101 51.771 01 $232.743 577.581 568.157.65 (S9.423 35) 5235,743 578,581 $70,728.66 ($7,~:~,2.34)I 53.500 $1.167 SO00 SI .166 67 56.000 $2.0CO S 1 2CO.CO $80000 S8.000 S2.667 51.061 59 S 1.6C5 C8 $12~CO 54.0CO S578.41 S3.4215~ ~3.G47 51.216 S1215.68 (SO01) S4.7CO 51.567 SO.CO S S2.315 $772 STll 68 (SO.01) SSO0 S267 S 161.90 S IC,4 77 S 7.875 S2.625 S2.625.00 SOCO SSO0 S208 S227.50 (S19 1 S625 S208 SO.CO S2C~.33 s,~)O s167 so.o0 Sl~ 67 SlCD 533 S4.74 S28.59 s 1.500 SSCO S506.26 (S6 26) S 1,200 S4C:O S 400.00 SO CO S3.685 S3.685 S3,685.C0 SO CO SS(~ S 167 S 76.76 S89 9 I SSEK) S2g8 S212.93 (S4.60) S50 SI7 S15.30 S137 $2~} S250 S349,82 (S9~ 82) Sl75 S175 S175.CK) SOCO S3,5.~0 S3.5C0 S3.5C0.00 SOCO 5500 Sl67 SO.CO $62,422 $25,964 516,767.57 $9,196.43 J S 40 ~co s 13,333 s 13.140.c~ S193.25 S3.060 51 .cr2g s 1,0CZ2.48 s 1752 s2.4C:0 s8Co s582 47 s217.53 S2.5C0 S833 S526.95 S306 38 52,276 S759 $109.50 S64~. 17 S 15~0~3 SS.CI~ S4,19O,04 S817.63 $4,363 $1,454 S346,42 S 1.107.01 S2.800 S2,8CO S2.76~. 77 S34 23 SS,CO0 51.667 S650 O0 S1.016 67 S 1.7gO S,G67 SOmco s5~6.67 S 7.200 52.4c0 51 .[x~2.co S 1.398 oo $5.CO0 51,667 SO,CO S 1,666.67 S 72.1~0 S24.CO0 5112.~5.40 s 12.744.~) 5 IO,OCO S3.333 S 1,215.07 S2,118.20 5173,322 $59,64 1 $36,786.18 $22,854.49 J J 5235,744 $85,605 553,553,75 $32,050.92 i $17,374,91 5214,485.55 i $231,860.46 J 1 1 -2- 16G 1 Port of the Islands Community Improvement District Water & Sewer Fund Sl'atement of Revenues and Expenditures r-or rne Period Ending January 31, 1998 W&$ Fund Prorated Budget Actuol J Budgel Thru 01/31/98 Thru 01/31/98 Variance $70.1~ ~23.333 $27.156 44 S3~23 11 511 ~CO S3.667 $3.746.74 ~ 07 $25~ S8.~3 ~ ~ (~J33 33) ~ ~ ~8.~ 7 5~.~. 79 ~.9~ 12 $1~ ~.~ ~.~6 ~ (51 473 40) 5~ 5167 S178~ 51191 Total Revenu®l Administrative .,$342.500 $114~167 $114,259.15 $92.48 J $6~C0 S2,000 S 1.20000 5800.00 S8,DCO $2.667 51.061 59 SI ~ ~ S8~ S2.~7 5578.41 S2.~ 26 S3.~7 S1~16 SI.215.~ (SO.Ob ~.7~ S1,~7 ~ Sl.~ 67 S2~15 S772 S771 ~ (so 01) S~ S267 s161 ~ 51~.77 S7~75 S2,~5 S2.~5 ~ ~ ~ S~ 5~ s227.~ (SI9 1 ~ S~S S~ ~ ~ S~ 33 S3~ 51.167 S1.1~ ~ (SO01) S~ S167 ~.~ S1~,67 Sl~ ~3 ~,75 S28.~ S1~ S~ ~14.12 ~.~ Sl~ ~ ~ ~ S10241 S5,121 S525~ ~ (S130 ~ Sl~ ~3 S76.71 53~.62 Sl~ 5~3 5212 ~ S 120.~ Sl~ S75 S~ ~ (58 ~) S 1~ S 1~ S~ ~ (S I~ ~) $~ S167 ~ 51~67 Total Admln~raflve I Plant P®~onnel S40~CO FKT. A Tc~ $3 Penek::~q H~h I~r~e S2~ W~ Co~ $2~76 C~r~t~ ~m Ut~ ~ 228 C~ 0~ S2 ~ Re~ & ~nt~e SlS~ O~ ~ ~5~ L~ Total P~nt ~ $276,~ Total Ex~ndlmes ~ ~9,017 Nel I~o~ ~) J ~,~ Reta~ Eam~g, 10/1/97 J Reta~ Eamh~ 1/~ J $22.691 $1S.669.5.1 $7,021.~J $13.333 S13,140 ~8 Sl93 25 $1 ,C~20 $ I .CCT2 52 S 17 48 SS00 55824;' S217~ 5~3 S3~ ~9 ~ S759 ~ ~ 57~.67 S12,~7 S 7~76.~ ~.I 7 S 1,167 5677 62 ~O ~ Sl O. 7~ S 13.~0 13 ~.822.~ S2,~ S2.~,82 (5282) SS,~ S13.~9.b7 (~.6~ Sl 1.~7 S0~.22 S2 226 45 ~167 587 75 S75.~ $9~021 ~2.326.27 $31,6~.06 ! $116,713 $77.995.80 $38,716.70 J $36,263.35 J $4.89,141.22 J $525,404.57 J Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Pedod Ending January 31,1998 Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments $11,4,30.61 S3,404.66 SO.O0 S268.11 S240,246.70 S8,926.50 Principal Interest Other Debt Service Costs Expenditures Excess Revenues S25,000.00 S 260,325.00 $ I 1,008.64 $296,333.64 ($32,057,0~)] IFund Balance 10/97 $1,029,678.50 Fund Balance 1/98 $997,621.44] Pod of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending January 31, 1998 Interest Income Construction & Acquisition ~rotal Revenues S932.5,3 $932.53,11 Improvements Other than Building SO. O0 [Excess Revenues $932.53 IFund Balance 10/97 $56,780.70 IFund Balance 1/98 $57,713.23 -5- 16G 1 0 0 < < 0 Z g § § § g o° ,g gg.. gg oo°° ~ g,'~ goo ~ 0 ,_: g g 16G 1 16G 1 Oo oo oo g g g o o o o z .Z g g ,l Z o o o 16G 1 i6G i O- 0 0 O' 0 0 0 w § § § § g 16G 1 Port of the Islands 16G 1 May 6, 1998 Memorandum To: Clerk of the Circuit Court do Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held March 19, 1998 From: Gary L. Moyer Manager Enclosed for your records Supervisors of Port of referenced above. is a copy of the minutes of meeting held by the Board of the Islands Community Improvement District as GLM/jmr r¸ .o I0300 N.W 1 lP, Manor · Coral S~'r~n,:::-'.. Flor,da 33071 · (954! 753-0380 · ;.~,, ~'.";~4~ 755-F~7~1 MINIfrES OF 1WE~G PORT OF THE ISLANDS COMi~-ON1TY IMI~ROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, March 19, 1998 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas Barnard Richard Gatti Bernard E. Wolsky Richard Burgeson Millie K. Strohm Chairman Vice-Chairman Supervisor Supervisor Supervisor Also present were: John Petty Darrin Mossing Ron Benson Tim Stephens Larry Keesey Several Residents District Staff District Staff Engineer District Staff Attorney FIRST ORDER OF BUSINESS Roll Col! Mr. Barnard called the meeting to order at 4:00 P.M. and stated that ail Supervisors are present at roll call. SECOND ORDER OF BUSINESS Approval of the Minutes of the February 19, 1998 Meeting Mr. Barnard stated that each Board member had received a copy of the minutes of the February 19, 1998 meeting and requested any additions, corrections or deletions? There not being any, On MOTION by Ms. Strohm seconded by Mr. Wolsky][ with all in favor the minutes of the February 19, 1998[] meeting were approved. THIRD ORDER OF BUSINESS Consideration of Award of Contract for Maintenance of Rights of Ways and Water Management Areas Mr. Barnard asked did we have any bids? March 19, 1998 Mr. Petty responded as it has happened with the last t~vo times we had bid, we have only one bid response. Typically what I give is referred to as a bid tabulation, but now it is just a report that tells you that the lone bidder, which is Big Cypress Landscape Maintenance Company, who has been doing our landscaping for four years now, is the only one who has responded. His pr-icc $48,823.87 is identical to what we are paying him for this year's maintenance. is asking for no increase. Generally speaking, we find his work acceptable. although, we find that we have to stay on top of him on a regular basis. However. he does respond when we do have problems. It is Staffs recommendation that the Board consider this a valid bid and that we award the bid in the amount of $48,823.87 to Big Cypress. Ms. Strohm asked is this for two years? Mr. Petty responded yes, it is the same amount for both years. Mr. Wolsky asked are you looking for a motion then? Mr. Petty responded yes. Ms. Strohm asked did anyone else put in a bid? Mr. Petty responded we solicited bids from five companies in total and only one responded. Mrs. Gatti asked I spoke to Cino and he said that he would like to put in bid. Did you get anything from him? Mr. Stephens responded I gave him a bid document. Mrs. Gatti stated that is all I wanted to know. On MOTION by Mr. Wolsky seconded by Mr. Burgeson[[ with all in favor a two year Contract for Maintenance of[[ Rights of Ways and Water Management Areas in the[[ amount of $48,823.87 was awarded to Big Cypress[[ Landscape Maintenance Company, Inc. FOURTH ORDER OF BUSINESS S~ff Reports A. There not being any, the next item followed. Mr. Benson stated the first item has to do with the Water Treatment Plant There was an inspection by the Florida DEP and they provided a letter to the District. Based on a test they performed, they have a concern that there potentially could be what they call a direct influence of surface water on you, wells. What that means is there are additional rules, Federal and State, if 2 March 19, 1998 use surface water, like out ora canal or river, than if you used the water out of the wells. We have worked with District Staff and had one of the other F.n~neer's in our office do an inspection. Staff also had a representative from the Florida Rural Water Association. The bottom line is that it is our opinion and also the opinion the Florida Rural Water Association that the samples were collected by the State improperly. We have communicated with the State of Florida DEP in verbally over the telephone; as well as responded with a letter within the 30 day notice that they had provided. They have agreed it probably ~vas a sampling error. because they collected the sample in the wrong place and in the wrong manner. They will come back in about 60 days and sample again. Due to the testing results and the concerns the State had, we have recommended a series of minor housekeeping and maintenance improvements at the wells. ~Iin(,r improvements that have not been done in a number of years such as repairing thc concrete pads that are under the pumps that have been cracked, maintainin:,~ seals and valves, things of that nature. We have recommended the work be done within the next 60 days. In talking with the State, they have asked if we can do the improvements before they come back and sample. We have made arrangements with them that we will do a series of minor improvements. We are working w'ith District Staff to solicit prices from local contractors to do some of the work. Some work may also be done by your District Staff. We should have a report in a couple months. Ms. Strohm asked are we talking about the well water and not our Water Treatment Plant? Mr. Benson responded the water that is treated at your Water Treatment Plant comes from the well. The wells are out to the north and east. The water in the wells has been tested and historically has been fine. The water comes in and it goes through a treatment process, lime softening, as well as filtration and disinfecting, before it goes into the storage tank and comes to your system. It is tested in accordance with State and Federal rules and passes all the standards. Ms. Strohm asked my question is even if the water was not fine and it was going into our Treatment Plant, would it not come out fine? Mr. Benson responded yes. Even though the State did many things wrong, and potentially contaminated samples and sampled in the wrong place, the test results came out right on the edge anyway, so there really should not be any concern. 3 March 19, 1998 16G 1 Ms. Strohm asked what difference does it make if it is bad when it goes in and comes out okay? Mr. Benson responded really what it boils down to is, if you have surface water instead of ground water they make you monitor your Water Treatmer. t Plant more frequently. It costs money to do that monitoring. The type of treatment that you would do if you were treating water out o[' a canal or another surface water body would be the exact same treatment that you are currendv doing. You are correct. The water would be treated the same way, it is just there is more sampling. That is simplifying it. There is really more sampling requirements and really there is not a need for that here. We just have to demonstrate that to the State. A resident asked do they test for Coliform? Mr. Benson responded they do not test for Coliform directly. We do that and you do not have Coliform. They do a fairly new test, Microscopic Particular Analysis or MPA. What they are testing for is different types of micro-organisms and particulates that would be in the water. They are looking to see if any o£ the ones that tend to be in surface water are present. Algae would be one ot' them. Mr. Gatti stated so that suggests that surface water is getting into our well system or it could be. Mr. Benson stated we do not feel that is the case. They actually sampled the water right where it is coming in the Water Plant, not out at the wells. They were not testing for the right things at the right place. We anticipate that the samples will come out good when they are re-done. A resident asked is it disturbing even if they find the fight thing in the wrong place? Mr. Benson responded no, it is normal in untreated water to have algae in various types of surface water. A resident asked did they find algae? Mr. Benson responded yes, basically. It was a bactefial growth. Well water when it comes in goes through various pre-treatment processes. Your Plant has what they call an aeration process. At that point, you are adding air and you have some bacteria and different algae's growing. It is normal. They just tested for the wrong thing in the wrong place. Mr. Korney stated this may be an over simplification. If you want your well water to be a certain standards and you feel it is fine and it gets transported into the Treatment Plant and is not fine when it gets there, is this not a conce,m? 4 properly, if at all, notified of the sale. The person on this particular account received the Certified Letter, but is no longer the property owner and sold thc, property in May of 1997. We had picked her name up from the tax roll in the prior years. Ms. Strohm asked without paying the debt? Mr. Mossing responded without paying, claiming that they had never~ received the original bill. However, we sent the bill to the same address a~d printed the labels from the utility system. Ms. Strohm asked do we have anything that we can fall back on and make them pay now? Mr. Barnard stated when the new owner applies for service, I suspect might be able to make them bring the bill current. Mr. Petty stated the standby fees follow the property. If at closing it was not divulged or found out that there was a past due on a balance, it does not mean that the balance is forgiven. It follows the land. Ms. Strohm asked then at this time, rather than wait for the new owner to asks for water, should we not notify the new owner. Mr. Mossing responded yes, now we have to go through the process finding the new owner and who they are. I am just bringing to your attention complexities that come about from billing for the standby. Mr. Barnard stated this is one of the things we discussed. When properties close and I am aware of them, I notify the District that there is a new owner and send Mr. Daly a copy of the new address. Ms. Strohm asked did we decide or did we leave it up to Staff to set aa amount so that we would always notify the owner? Mr. Mossing responded I went through the report and basically, anyone pretty much over $250 was notified. That is the extent of my report. As we hear back from the individual property owners, I will continue to keep you appraised. Mr. Barnard asked did you get some of them back? Mr. Mossing responded of the two, the letter to one of the property owner's that owned two properties came back. There was a suite number missing. We are going to re-send that. It came back undeliverable. The address on the tax roll was missing the suite number. As we hear back from more of the property owners, I will keep you informed. The letter was basically, generic and stated "here is a copy of your history on this utility account and is severely delinquent. and payment needs to be made immediately or we would possibly be forced to file a 6 I II IIIIIII III I I II I I II IIII - March 19, 1998 Mr. Benson responded the water is fine. It does not have anything in It They have not found anything that would be a concern from a health standpoint. They look in general for certain indicators. If you were pulling water directly out of the well and it had a certain amount of this growth in it then that is not normal. However, when the water comes out the well and runs through a pipe and comes into the Treatment Plant, which is aerated, you do get some biological mat[er growing, which is natural. It is nothing that is harmful. If it is coming right of the well that way, there is a question that it could be a problem and you would investigate further and do more testing. Mr. Petty stated let me go further here. We are talking about a bureaucratic regulation and it says in column A if you meet criteria X, Y & Z, t am going to put you over here, here or here on the rules that I watch for. That is all this is. There is no question of water quality or health issues at all. It is nothing more than under what column do I put you under for review. Mr. Gatti asked do you need anything from us now? Mr. Benson responded no, we are just letting you be aware that this is being investigated and in our opinion there is nothing to be concerned about at this time Mr. Bamard asked do you have anything else? Mr. Benson responded there was a concern about the permitting capacity, has that been resolved? Mr. Barnard stated I think you explained that under the Temporary Operating Permit. There was a discrepancy between the amount of effluent that we could produce and the amount we were allowed to disperse. That is being corrected under the permanent permit. Mr. Benson stated yes, under the Temporary Operating Permit, there was a limit put on you for a certain period of time until you received your regular Operating Permit. We are currently in the process and will finish this month, the preparation of the Annual Report that we do every year and goes to your Bondholders or is available to them if they care to look at it. We are working with Staffto do the inspections and gathering the data. Everything else is on schedule C. Manager Mr. Mossing stated I would like to give you a brief report. At the last Board Meeting, the Board had requested that our office send out an informational letter relating to st~.ndby charges under Certified Mail and we have done that. We have heard back from one of the recipient's of the letter and it ends up creating a complex situation. When these properties are sold the District is not always 5 lien and potential foreclosure." I did not make any statements regarding thc actions the District would take and left the phone number to contact myself if they had any questions regarding it. Mr. Barnard stated for the record, we are aware that our lien rights are in question and our foreclosure rights are even more so. The one lien that has been filed was filed with the approval of the property owners as a way to toll the legal fees which we were continuing to build, going through the entire process, going to court and getting the lien. All of that becomes a part of the lien. The owners that had the property at the time we did it accepted the lien. The current owners accepted the property subject to that lien. In one of the cases, the largest account in arrears, there is a lien against the property. It would be satisfied at a sale assuming that enough money is to be realized from the sale to satisfy the lien. In the event that was not to happen, we would have a pretty good standing to refuse to deliver water and sewer services to the property until it ~vas brought into compliance. Those are really the only two things that we have. I do not know it' there is any further action required. Mr. Petty stated it is our intention, after the next 30 days of getting input back from the people we sent the letter to, to come back to you with those that are we think are material deficiencies in payment, the largest bills, and ask for further action at that time. Mr. Barnard stated obviously for $250, we are not going to spend S5,000 to have a lawyer work on it to get $250. Mr. Petty stated I think we have two out there that are substantial that may take further action ff we do not see something in the next 30 days. Mr. Bar-nard stated I would be surprised if you do not get a response from one, but you might not. That is the gentleman from Marco Island and in Chicago, Mr. Carmangani. Mr. Mossing stated I know one of them had to go to Germany. Mr. Barnard stated that would be Mr. Peterson. Mr. Mossing stated as an exercise, it will be useful in assuring we have the correct address and that these bills are actually getting to the people that the account is in the name of and that they still own the property. Mr. Barnard stated I have ordered and will pick up a current tax roll for the Port of the Islands. So if anyone wants to know, I will be happy to share it will you. We like to do this at least once a year. Ms. Strohrn stated I would like a copy. Mr. Wolsky stated that would be useful to see some of these fictitious names that are used to designate the owner of the property. Mr. Barnard states this will not show who is behind it, if it is a corporation or a partnership. It shows whatever the title is in. Mr. Wolsky stated it is possible to determine that with a phone call. Mr. Barnard asked is there anything else, Mr. Mossing? Mr. Mossing stated there is another Budget Amendment, the Statute requires us to periodically amend our Budget in the event that our expenditures exceed our budgeted amount and attached to that is a minor Budget Amendment for the General Fund and a Budget Amendment No. 2 for the Water & Sewer Fund. We have tried to footnote those for explanation. Do you have an)' questions or comments? Ms. Strohm asked are you increasing it by $250? Mr. Barnard responded it look like you are increasing the revenues. Mr. Mossing responded we need to have an offset of either revenues for the increase budgeted category or reallocate an expenditure. Mr. Barnard asked if I go back to your financials, what will I see? Mr. Mossing responded you will see some of the variances. Mr. Barnard asked are the actual revenues exceeding what we budgeted for? Mr. Mossing responded they are going to under the Water and Sewer fund. We are at $15,000. Mr. Barnard asked are you telling me it is physically responsible for us to this? Mr. Mossing responded it is necessary. Ms. Strohm asked is the increase for $5,000? Mr. Mossing responded yes. Ms. Strohm asked what is making this $5,000 more as opposed to last year? Mr. Mossing responded on the category for repairs and maintenance, that is just a historic projection where our maintenance is going to be from year to year. Depending on what happens in any given year may cause it to increase or decrease especially in that category. Mr. Barnard stated what has happened is your repairs and maintenance. exceeded what we budgeted or are about to exceed so we have to budget thc expense and budget an offset having the money come from revenues that is going to be spent on repairs and maintenance. 8 March 19, 1998 Mr. Mossing stated ifyou look at the category it is at $15,000. Mr. Barnard stated we are already at the maximum and they just want to put in some more money in that category so we can fix something if it breaks. On MOTION by Mr. Gatti seconded by Mr. Burgeson]l with all in favor Resolution 98-2 increasing the Generalll Fund in the amount of $250 and Water & Sewer Fund inll the amount of $5,000 for Fiscal Year 1997-98 wasll adopted. II Mr. Petty stated I have two items for your attention. One is the Wetland for our annual maintenance contract and analysis for our Wetland Wastewater Treatment Plant is going out to bid now and will be ready for your review at the next Board meeting. Second, we have received our new utility vehicle today. The Board has already authorized and the Engineer has stated that the old truck with over 100,000 miles is ready to be advertised as surplus along with the old generator. With the Board's permission, we will do that now and have it ready for you at the next meeting as well. Mr. Barnard asked have we not already approved that? Mr. Petty responded yes. That is all I had to bring to your attention. Mr. Gatti stated I do not know if you could build that in, but the County has a bid going on all their equipment right now. They have a whole fleet of it in front of Walmart. Is there any way we could get into theirs? That way we would have very large audience. Mr. Petty responded I do not think I could get the notice out there. Mr. Gatti stated it is probably to late. FIFrH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Wolsky asked what about the signs. Mr. Petty responded I forget to put that on the list. I apologize. The signs should be here the 26th. Mr. Strohm asked of March? Mr. Petty responded yes of this month. Mr. Strohm asked when you say expected to be here, what do you mean? Mr. Petty responded that is the delivery date from the manufacture. Mr. Strohm asked will someone be installing them into the ground? 9 March 19, 1998 Mr. Petty responded Mr. Stephens will be installing those into the ground. There was a possibility of some signs being added. I think we had a limit of S5,000 and we are in the $3,200 range now. You should be seeing those within two weeks. Ms. Strohm stated I just wanted to bring this up and it was addressed to me by Mr. Petty. I had faxed him a memo that a few neighbors had asked me if there is anything that can be done about the rats. At least three people have seen rats in the neighborhood. One in particular saw a rat in his garage. Mr. Petty did inform me that it is not the responsibility of the C.I.D. and he did not think that we would provide anything for you. He gave me a really good recommendation which was that maybe we could go to the Environmental Information Center and ask them what they would recommend. I have never seen a rat. Aside from having a cat, I really do not know what to tell you. I know when I worked here at the hotel we hired a pest control firm. I would go to the Environmental Cent. er: they may be able to help you out there. Mr. Petty stated in response to some other questions, I have brought some information about the District in general and as typical, what we hand out to one Board member, we hand out to all. In this case, you are getting a copy of the Ordinance that created the District and a copy of Florida Statue 190 which is our governing legislation. Mrs. Wolsky asked is there any way you can identify who owns which piece of property, such as the Southeast comer on Cars Drive. Mr. Barnard responded yes, the tax roll that I just spoke o['. I will have a copy of hopefully tomorrow and you may come and review it in my office. Mrs. Wolsky stated when you refer to that, we do not know what you are talking about. Mr. Barnard stated the gentlemen I referred to, Mr. Carmangani, own.,~ the two pieces on the right and left of your entrance to Cays Drive. They arc. commercial parcels. He bought them at the auction and has never paid any of th~. standby fees, that I am aware of, since the day of the auction. Mrs. Wolsky stated I believe last month you stated there are 12 ERC's between those two. Mr. Barnard stated I did not say that, but someone did. I think there are more ERC's than that, but I do not know. Ms. Hassell stated I have had a few people come out. Our street sign is two lots down towards our house. They say they do not see a sign and have to go all March 19, 1998 16G the way down our block before you even see it. Is there any way it can be moved back up to lots 19 or 20? ! am on lot 21. The sign is almost in the middle of lot 20. Is lot 19 on Cay or is it on Willard? Mr. Barnard responded you will have to check with the addressin~ department. Do we put those in? Mr. Petty responded we maintain those signs. Mr. Bamard stated we will take care of it. Ms. Moore stated this morning, as I was waiting for someone to pick me up and at the entrance to Evening Star, not the turn in, but the main road, a woman was jogging and she almost tripped over the concrete that was dripped across the road about a year ago. I do not know who did it, but I have almost tripped over it myself. She almost fell on her face this morning and she was a young woman am trying to save you a lawsuit. Mr. Gatti stated it is right in the intersection. A cement truck went around the comer and spilled cement as it went and left a trail and it is about 1 1/2" high right through the middle of the intersection. Mr. Bamard asked is it on Newport Drive? Mr. Gatti responded yes, right on Newport Drive. Mr. Petty stated if I could recommend to the Board, that we get together with the Developer in the area, Mr. Burgeson, and they next time they lay asphalt that we coordinate with them and do a saw cut and replace. Mr. Gatti stated no, it will not take that. All you have to do is have a bucket down and scrape it off. Mrs. Gatti stated we have had quite a few RV's coming down to the end of Newport Cay and tore up our front lawn and our neighbors trying to turn around They have had to unhook their trailers. Is there some way that we can put a sign where the RV place is? Mr. Barnard responded we do have those signs. As a matter of fact, part e£ the new signs will direct them to the RV place. People do not read signs. We have had that problem forever and they come over here to go to the RV and the RV is marked over there, there is a sign over here that directs them back that way and we still have problems. Some of the RV's that are coming down that way belong to the people that live down there, so you cannot have a policy of no RV's because your neighbors may have one. I wish I knew how to solve it. Mr. Gatti stated let us wait and see what the new signs looks like. People drive right by and do not see the sign and then they get stuck. There should be a 11 sign somewhere telling them they can turn here as opposed to having go further down. People keep going saying uI am bound to find a place I can turn around" and then they are trapped. SIXTH ORDER OF BUSINESS Approval of Invoices On MOTION by Mr. G~ti seconded by Ms. Strohm with all in favor the invoices for March 6, 1998 in the mount of $2,942.75 and March 10, 1998 in the amount of $8,512.48 for the General Fund and invoices for March 10, 1998 in the amount of $17,092.49 for the Water and Sewer Fund were approved. The meeting was adjourned at 4:45 P.M. Richard Gatti Vice-Chairman Thursday March 19, 1998 4:00 P.M. 1. 2. 3. AGENDA PORT OF THE ISLANDS COM1VILrNYFY I1VIPRO~ DISTRICT 25000 Tnm~mml Trail East Naples, Florida Roll Call Approval of the Minutes of the February 19, 1998 Meet/rig Consideration of Award of Contract for Maintenance of Rights of Ways and Water Management Areas Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests Approval of Invoices Adjournment and Audience Comments NOTE TO AT,I, ~G ATTENDEES: Please identify yourself eac~ time you speak to f.a~li~te transcription of meeting mlnute~ Tb~nl~ you for your ~ce. PORT OF THE %SLANDS 10300 NV 11TH mANOR CORAL SPRZNGS FL 33071 HapLes Oa~Ly Ne~s ~a~Les, FL 339~ Affidavit of PubLtca:ion NapLes DaiLy Ne~s REFERENCE: 010948 57656005 Notice Of Meeting Po State of FLorida County of CoLlier Before the undersigned authority, personaLLy appeared B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secretary of the NapLes DaiLy Ne~s, a daily newspaper published at Nap,es, in CoLLier County, FLorida: that the attacheC copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said NapLes OaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, eac~ day and has been entered as second class mail matter at the post office tn NapLes, in said CoLLier County, FLorida, for a period of 1 yea: next preceding the ftrst publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sa~d newspaper. PUBLZSHEO ON: 03/12 AD SPACE: 63.000 ZNCH FZLED ON: 03/12/98 Signature of Afttant /)? )-'v' S~orn to and Subscribed before me this mm ...................... 0120 Na cE OF Notice Of AAeetlng - C~mun~ I~pr~emem ~ ~ ~ S~e~l~ o~ me P~ ~ ~e Co~uni~ OIs~l~ will ~old ~etr r~. ulor meeting ~ 4:~ Thurs., ~ 19, In ~e offices ~ ~e DIs- Troll East, N~I~, ~ 34114. The meeting ~ce w~ ~e mun~ Devel~e~ There ~ ~ slo~ when ~e ~ Sureties wlU P~e by tel~e. At ~e ~ve I~on ~ere ~ill be Prese~ o ~er tef~ Ph~e ~ ~ ~y Inter. ested per~n can · e meetl~ ~ ~e o~ve f~m~ of ~e ~king pl~e el~ in per. ~n or by telpher munic~l~ Any Per~ r~lrl~ ~eclol accom~lons ~ ~ls meeHng ~ of o dl~bll~ ~ P~vSlcol Im~lrm~ ~ld c~- (9~4) 7~380 ~ I~t five me~. Each oer~ who m~e by ~e ~ w~ re~e~ ~ ~V c~sld~ed ~ ~e ' Ingly. ~e per~n ICeedlngs I~a~ ~ Including ~e testim~v / o~ evl~e~e ~ w~f~ ] su¢~ appeal Is to be J O~ ~ Mov~ ~ch 12 No. 11~102 day of / NepLes DaiLy News Nap[es, FI. 339~.0 Afl|davit of Publication Nap[es Daily Ne~s PORT OF THE IS~NDS 10300 Ng 11TH HAiR CORAL SPRINGS FL 33071 REFERENCE: 0109G8 57650760 NOTICE TO CONTRACTOR State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves aa the As$tatant Corporate Secretary of the Naples Oa~Ly N,~,, n da~[y ne~paper ~bLished at Naples, in Collier County, Florida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Nesv$ is a newspaper published at Naples, in said Co[tier County, FLorida, and that the said nevspaper has heretofore been continuously published in safd Collier County, FLorida, each day and has been entered es 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 she has neither paid nor promised any person, fire or coporation any discount, rebate, coeaission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/23 03/02 AD SPACE: 102.000 INCH FILED ON: 03/02/98 Sworn to and Subscribed before me this -~ day of '/~7~-' ~ Per,o. aLLy known by .e ; / · 195 0117 RE~UESTFOR BID ? NOTICE TO CONTRACTORS LANDSCAPE /V~INT~NANCE OF: R IC, HTS-OF:.WA ys, WATER MANAGEMENT AR~As WITHIN THE[ DISTRICT NOTICE Ic. HEREBY GIVEN that t~31ed bids will be re~elved by PORT OF THE[ ISLANDS COMMUNITY IMPROV~o MENT DISTRICT, COL- LIER COUNTY, FLORIOA until 3:00 P.M~ local time 19q8 at Port of the Islar~s C~mmun~ Imprcrv~ me~t D strict, 1030 N.W. 11 Manor, Corel SPrings, Florida 33071 ca~cl COrn. menclng at 3:00 PJ~L on the oOove Oate, such bios as received will be o~ened end reed aloud czt the District OWlce.. The work for which Propo~31s ore to b~ rn~ed Consists of Provld- lng .labor, rn~erlals end e~3ul~rlqent for the ro~f~ne high clualll'¢ main?chanCe of gr~ss and Iondscooe areas, whlcln Inc ucle the maintenance of soclnkler systems, fet-flllzotton end weeding crs required0 suorrt to the ferms c~ condh'fons of caltons and Controcf Doc. ume~t~ pertolnlr.g thereto wfllch may be examined ot the Por'f of ~ IslorK~ s/rlct0 ~0300 N.W. ~! · Manor, Cora Sortngs.' ~=lorlcla ,1307~. One coo¥ the OOcument~, Includlr~g blank bid forrr~ to be exe- cu~e~ end ~mitt.ed wh~ c~i~Sal, may also be ned at the District A Certtfled o~ Check on a National or State bank os' Bid ~3nd in a sum not less ~ five Percent (5%) or the amount of the bid ("Bid o~t of the Islands Com- munYry Iml~'ovement Dis- trlct ~- on In'evoca~le Letter of Credit In levee of the DISTRICT drawn on a ' Nation3! o~' State bank that shall accompany eoct3 bid ~ a g~'ant~ tt~3? the Bldde~- will nat wft/'~-aw from the De'fftfon ~ o~erl~g the  ds and, In the event that · co.tract Is awarded to f eo 81drier, he will ant'er a corm-oct and furnish e required Cerfltlcate of surance0 to{ling whlcJ't the bid del:~Stt may be re. h31ned by the DISTRICT foe_llaulc~zt ed damages. Prooo~3ls ShQII be pre- Dared, oddressed end Submlffed In compliance with detailed Instructions c~ ~,t forth In the Co.root Documem~. The DISTRICT reserve~ ee right to acce~t or re. Ct any o~ all bids, to waive Irregulortfles, and to crw~-d the contract c~ It deems will best serve the Interest of the DISTRICT. PORT OF: THE ISCANO$ COMMUNITY IMPROVE. MENT OISTRICT . Gc~v 1- Mover OIs~Yfct F:e~. 23, MC~. 2 NO. 1158.509 16G 1 AGREEMENT 'tHIS AGREEMENT, made and entered into this /cf day of _/?/o;z/L , 1998 by and between the Port of the Islands Community Improvement D..!strict, Naples, Florida, party of the first part (hereinafter sometime called the District ) and 15qa_i,q~e,~a,,;c,e., C,.c.,..,q2,t;.~:_, . party of the second part, hercqlltaIdt~r called the "Contractor". WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, and the covenants and conditions herein mutually agree as follows: ARTICLE I. SCOPE OF WORK The Contractor shah furnish all labor, materials, supervision, equipment, supplies, tools, services, and all other necessary incidental things required to perform complete, high quality, maintenance of landscaping areas within the Contract Documents. The District shall pay the Contractor for the faith/ul performance of the contract in lawful money of the United States and subject to additions and deletions as provided in the contract document as follows. ARZI.CI,E_I~ The Contractor shall commence Work on ,f'////?/0 and accordance with these Contract Documents. / i shall be performed in Terminatior~ The District reserves the right to cancel this contract upon t~rty (30) days written notice in the sole and absolute discretion of the District. Notice of termination shah be in writing and delivered by certified mail to the Contractor. ARTICLE IV. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor has carefully examined the described Right-of-way, Water Management Areas and Similar Planting Areas and has made sufficient tests and other investigations to fully satisfy himself as to site conditions. It is expressly agreed that, under no circumstances, conditions or situations, shall this contract be more strongly construed against the District than against the Contractor. 26 16G 1 Any ambiguity or uncertliinties in the specifications shall be interpreted and construed by the District, whose decision shall be final and binding upon all parties. It is distinctly understood and agreed that the approval, and/or acceptance of any part of the Work by the District as irt compliance with terms of this Contract and related specifications covering said Work, shall not operate as a waiver by District of the strict compliance with any other terms and conditions of the contract and related specifications. Any Work required by this Contract and related specifications not performed by the Contractor, after receipt of written notice in accordance with Section 2.28 of the General Conditions of such failure to perform said Work to recover reasonable cost for such Work from the Contractor or, reduce the sums of money due Contractor by the cost of such Work. ARTICLE VI. CONTRACT DOCUMENTS THIS CONTRACT SHALL INCLUDE THE NOTICE TO BIDDER: Notice to Contractor Instruction to Bidders General Conditions Contract/Agreement Proposal A Detailed Specifications Change Orders ARTICLE VII. NOTICES Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be in accordance with Section 2.17 with General Conditions: DISTRICT: Port of the Islands Community Improvement District 10300 N.W. 11 Manor Coral Springs, Florida 33071 Attention: Mr. ~ohn Petty CONTRACTOR: Company Name Address City, State & Zip Code 27 16G 1 IN wiTNEsS WHEREOF the parties hereto have executed th. is agreement on the day and first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Con~ract. (*) Attest: BOARD OF SUPERVISORS  ~~? Por~ of the Is~mmu_n. ity Improvement District, · / Thomas L. Barnard, Approved as to form and legal sufficiency: Bruce Anderson, District Attorney Sighed, Sealed and Wimessed in the presence of: (*) In the event the Contractor is a corporation, there shall be attached to eaci'~ counterpart a certified copy of a resolution of the Board of Director of Corporation, authorizing the officer who signs the Contract to do so ~ its behalf. 28 I Il [ [ 1[[ 1[[ ......... Il Ill [llll -~ ['[[ · 16G 1 RESOLUTION 98- 2 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT AMENDING THE GENERAL FUND AND WATER & SEWER FUND BUDGET FOR FISCAL YEAR 1997-98. WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board", of the Port of the Islands Community Improvement District, hereinafter referred to as the "District", adopted a General Budget for Fiscal Year 1997-1998, and WHEREAS, the Board desires to reallocate funds budgeted to reappropriated Revenues and Expenses approved during the Fiscal Year. NOW THEREFORE, BE OF THE PORT OF THE THE FOLLOWING: IT RESOLVED BY THE BOARD OF SUPERVISIORS ISLANDS COMMUNITY IMPROVEMENT DISTRICT The General Fund and Water & Sewer Fund Budget is hereby amended in accordance with Exhibit A attached. This resolution shall become effective this 19th day of March, 1998 and be reflected in the Monthly and Fiscal Year End 9/30/98 Financial Statements artd Audit Report of the District. Attest:. ,,,...-,/-',-/. D By:'_/~-;'d:.,-"/:'-./_(.d ,' . < -----,L-----'" , 'thomas L Barnard, Chairman "ATTACHMENT A" PORT OF THE ISALANDS COMiM73N~ IMPROVEMENT DISTRICT BUDGET AMENDMENT - GENERAL FUND $$2 ADOPTED PROPOSED PROPO'3ED BUDGET INCREASE/ AM~D£D FY 1997-98 (DECKEASE) BUDGET (1) INTEREET I]~COME S3,0(X).~ 5250.C0 [ TOTAL REVENUES 53,0(X).C0 5'250.00 EXTEND ITURES: ADMINISTRATION (1) OFFICE SUPPUES S250.00 S250.00 [TOTAL EXPENDITURES 5250.00 5250.00 5,3,250.00 5500.00 (1) Reallocation of Budgeted Category I~e to Imaging Disc Expenses not previously budgeted {NET INCOME (1) "ATTACHMENT A" PORT OF THE ISALANDS COMMUNITY IMPROVEMENT DISTRICT BUDGET AMENDMENT o WATER & SEWER ADOPTED BUDGET FY 1997-98 PROPOSED INCREASE/ (DECREASE) WATER REVENUE $70,000.00 $5,000.00 TOTAL REVENUES EXPENDITURES; ~dmlnLst~ative (2) OFFICE SUPPLIES (3) PRINTING & BINDING (4) REPAIR& MAINTENANCE $100.00 SI,3~0.~0 S15,000.00 S250.00 (S250.00) S5,0C0.C0 [TOTAL EXPENDITURES $5,000.00 [NET INCOME (I) Current year Revenues exceed projected Budgeted Revenue (2) Increase Budgeted Category Due to Imaging Disc not budgeted for. (3) Reallocation of Budgeted Category (4) Reflects Expenses not Previously Budgeted for. PROPOSED AMENDED BUDGET $75,000.00 S350.00 $1,050.00 $20,000.00 16G 1 i ii I II II 18 i11t 311i I! Revenues Interest income PtoDe~y Tax Revenue Total Revenues Admlnl~aflvQ Tax Colector Supen4soes ~ee~ Le~ol Sen4ces E~I~ ~ Accoun~ F~ Annul A~ T~ ~ A~e Re.re Tr~ ~ ~ T~ne R~ & L~ ~nfl~ & B~ 0~ Curren~ O~e Suppl~ ~e~. ~es. etc. ~ent ~ol ~e~ra~n Total Admlnls~aflve Fle~ P~nn~ F~A T~ Pe~ Heo~ ~a~e Wo~ C~~ S~t ~ Wa~ Re~ & ~tenonce O~a~ ~e ~te~e La~a~ & I~n Tot~ ~ld Tot~ ~endltures ~cess Revenues Fund Balance 10/1/97 Fund Balance 2/98 Port of the Islands Community Improvement District General Fund Statement o~ ~evenues and ExDenses For The Period Endlng Fel:xua~y 28.1~x28 I General Fund Pto~ated Budget Actual Budget Thru 02/28/'98 Thru 02/28/98 Variance S3.0CO $ 1.250 $2,888,33 $1.638. S232.743 $96,976 $ 79.424,95 ($17 $235,743 $98,226 $82,3 13.28 ($ 15,912.97)I S3,50C) $1.458 SO.CO S1.458.3~ S6,CCO S2.5C0 S 1.700.00 $8.CZ:K~ ~3.333 S 1,276.06 $2,057.27 $12,D~ SS.0C0 S 1.075.91 S3.647 Sl.520 S1,519,6Q S4.700 $1.958 SO. CO $ 1.958,33 S2.31.5 $965 S964 S~CQ .i.3 .~ $161.90 $1714.3 $ 7.875 S3.281 S,.1.281,25 SO.CC~ $,5C0 S2gB $227.50 CS 19.17~ ,~25 S260 SO. CO S2~(].42 S,500 $2C~ $81.78 $126.55 $I00 $42 $11.49 s30.18 $1.,.~CK} $750 S682.64 S67.36 $1 `2C0 ~ SSco.O0 so. Co ~3.685 S8.685 S3,6&5.CO SO. CO S500 $2C~ S 116.42 S91.91 ~5C0 S333 S34961 (S16.28) S,50 S21 S 19,50 S 1.33 S2,50 S2~ S34~ 82 $175 $175 S 17500 SO.gO S3.500 S3.500 S3.5CO.00 SO.CO S,,~O S208 SO.CO S2C8 ,.~,3 ,,~62,422 $30,698 $19,678.08 $11,020.25 J S 40.0C0 $16.667 S 16.125,9~ S ,S,LO. 6~ S3,06~ $h275 Sl ~.89 S~. 11 S2,~ S 1.~ S~2,47 S417 ,~ S2.~ S 1,~ S9~.38 S 73.~ S2~76 S 1,707 S 1.572.~ S 1~.~ S 15~3 S6~ S5~73.~ S3~.~ S4.~ S 1,818 $~ 1.35 S 1,416.57 S2.~ S2.B~ S2.7~.77 S34.23 SS.~ S2.~ s~.~ s 1 .~3.~ S1,~ S7~ SO.~ S7~.~ S 7~ ~.~ S 1 .~ ~ s 1 .~8.~ SS.~ S2.~ S0.~ S2.~3.~ S~ S~.~ s 18.7~.~ s 11 ~4 t.~ $10~ S4.167 S1~.~7 s2.913.~ 73,322 ~74,610 ~ I, 185.~ $23.424.26 J J $235,744 $ 105,308 $70,863.32 $34,444.51 J I $ I 1.4,4.9.96 J $214,4~5.5.5 J $225,93.5,51 J -2- Port of the Islands Community Improvement District Water & Sewe¢ Fund 53atement of Revenues and Expenditures For the Pe¢tocl Ending Fel3n, Jc:ry 28, 1998 i W&S Fund Prorated Budge, Aclual 1 Budget Thru 02/28/98 Thru 02/28/98 Vadance $ 70,IX:x:) ~29.167 S35.307.9~ ~6,141.32 $11~co S4.583 S4.766.79 $183.46 S25,0CZ] $10,41 ? SO.C~) (510416.67) ~66 Z]I~ ~,35.833 S46,336.82 $ $150~Q3 ~52.5CO S4~3.594.23 (51 ~5D3 $2C8 $231.87 5'23.54 $,342.500 Sl42.708 $147.237.70 $4.529.37 Legal Se~vk:ee Eng~ee~r~g Fee~ Acco~t~ A~ A~ R~ ~ret~ A~B~e Rede Po~e I~e P~t~ L~ ~e~ Ot~ O~e ~p~s C~ O~ Total Admin~r~e P~nt P~ F~A T~ W~ Co~ C~tr~ C~ 0~ O~m~ L~ R~I & Total P~nt Total Net I~o~ ¢~) Reta~ Eam~gs 10/I/97 Refa~ Eam~gs 2/98 S6 ~CI3 S2.5~3 S 1.7CO CO $~00.CO $8~CI3 ~,1,3.33 $1,276.06 5'2.0,5727 ~8 ,~133 ~3,333 S 1.07,5.91 ~ 257 42 S3.647 51,520 S1.$19.60 (SO C2) &4.700 S 1.958 SO.O0 S 1.958,33 $2 ,31,5 $e65 S964.60 S800 S3fl3 S 161 .c;~ S 171.43 $7,R75 $3.281 S3,281 25 SO.CO $~ s~.~ s227 50 (sl9.; 7) s625 s26(3 So.co $26042 s3 ~ s 1 ~58 s I ~58.35 ($0.02) SSCO SL'C8 S8177 S126.56 SI00 ~42 S11 .SC} S,30.17 $1,5CO S625 S$~,49 S3451 s 1,200 s,.~:0 ssco. Co so.co s10241 si0,241 s8.8~a.50 5141650 S 1,3CO S542 S 176.32 S36,5.35 $1~C0 S417 $,32985 S86 82 S150 SI25 $115.37 $9.63 S1CO S42 S209.99 ($16~ 32) SS::O $208 SO.CO S L"~8 33 $62.55,3 $.32,100 $22.504.96 $9,595.21 I ~a3 S16.667 $16.125 ~ S3 Z}~3 S 1275 S I ~30.95 S2~ S 1.~2 S3~.~ 276 S2~76 ~8~ S1S.~ S8,~.~ 57478 S3~ Sl~ 51.196.12 S262 ~g~8 ~4.678 S 18.679 S2~ S2.~ S2.~.82 (S2 SIS~ SI5,~ SlS.787 ~5~ SI4.~ S12.~.59 S2225.74 S~ s~ ~7.75 Sl~.~ ,~339.017 $159,005 $101.773.53 $S7.230.9~ J .$,3.4~3 $45.464. $4.89.141.22 ~ $534.605.39 ] 16G 1 Port of the Islands Communih/Improvement District Debt Service Fund Statement of Revenues & Expenditures For Pedod Ending February 28, 1998 Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepoyments ~Tofal Revenues S 14,250.46 S4,549.67 SO.CO S300.09 $235~107.61 S8.926.50 $263,434.33 Principal Interest Other Debt Service Costs S25,000.00 S260,325.C0 S I 1,008.64 Excess Revenues IFund Balance 10/97 J Fund Balance 2/98 ($32,899.31)J $1,029,678.50 J $996,779.19 J 16G I, Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending February 28, 1998 Interest Income Construction & Acquisition Revenues $1,165.04 ,165.04 Improvements Other than Building Expenditures [Exces~ Revenues IFund Balance 10/97 [Fund Balance 2/98 $o.0o $o.oo $1,165.04 I $56,780.70 1 $57,945.74 1 ~ i llll lll ll I II I I III III .... IIIIII ~ - I II I 16G 1 o~~u © Z Z < < o 0 oo ~, 2~ 16G 1 ,.; .16G z w 0 0 0 0 0 0 ,q 16G ! 16G 1'~ o § g g oo oo 16G 1 o o o o o oo O0 o oo oo ¢) o 0 § MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager ~',~'(~,~ Clerk of the Circuit Court/Finance Department / May 15, 1998 Miscellaneous Correspondence - BCC Agenda DATE: RE: Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritage Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Minutes of Regular Board of Supervisors Meeting of January 26, 1998 (b) General Purpose Financial Statements September 30, 1997 (c) Local Government Annual Financial Report Thank You. :1~pecial~pecial Gartj L. Moger, P.A. Land l)et, elopmc'n! t'~ Mana,qcm~,nt (.'OIl.~tlltilllt 1 66 -1 ': 10300 Norflm,est Elet,enlh ,Manor Coral Sprin,q. s, Florida ~3071 (954). 75 Y0380 March 25, 1998 Clerk of the Circuit Court Finance Department cYo Timothy J. Gillett 2671 Airport Road, Court Plaza III P. O. Box 413016 Naples, FL 34112-3016 Re: Minutes of the Regular Board of Supervisors Meeting of January 26, 1998 Dear Mr. Gillett: Enclosed for your records are copies of the minutes of the meeting of the Board o~' Supervisors of Naples Heritage Community Development District held as referenced above. Sincerely, Gary L. Moyer Manager GLM/jmr Enc. 1 MINUTES OF MEETING NAPI.F.S HERITAGE COb~VlUNITY DEVE!.OPi~[ENT DIS'II:~CT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, January 26, 1998 at 11:00 A.M. in the offices of Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau John J. Agnelli Ray Miller Alan Burns John Stanley Chairman Assistant Secretary Assistant Secretary Vice Chairman Assistant Secretary Also present were: James P. Ward Bruce Anderson Bill McAnly Alice Carlson Assistant Manager Attorney Engineer District Staff FIRS-'Y ORDER OF BUSINESS Roll C,'dl Mr. Ward called the meeting to order at 11:00 A.M. and stated all members of the Board are present at roll call. SECOND ORDER OF BUS~ Approval of the Minutes of the October 27, November 24, ,'md December 3, 1997 Meetings Mr. Ward stated you have previously received a copy of the minutes of three sets of meetings, October 27th, November 24th and December 3rd, 1997 meetings. You can take them individually or as a group if you would like. If there are any corrections, additions or deletions, it would be appropriate at this time to .so indicate, otherwise, a motion for their approval would be in order. Mr. Comeau stated on pages 2 and 3 of the October 27th meeting. Cushner is spelled with a "K" and wherever it might appear throughout the document, in the middle of the page, the sentence begins, "It is a one page form and there is n fee.." It should be there is "no" fee. January26,1998 166 Mr. Ward asked are there any other changes from the Board? If not, a motion to approve the October 27th, November 24th and December 3rd, 1997 minutes as corrected would be in order. Mr. Agnelli stated on the December 3rd meeting, I wasn't here but on page 3, at the top of the page, "projected at $96.00". Is that the correct number? [t seems the discussion was in terms of very large dollars. Mr. Comeau stated it is supposed to be S96,000.00. The next line down should say, "Mr. Comeau stated these are moneys spent and contracted for, and are real numbers". The third line down should be "Page 2". Mr. Ward asked are those all of the corrections? The motion will reflect that the additional corrections are accepted by the Board. On MOTION by Mr. Bums seconded by Mr. Agnelli with][ all in favor the Min, utes cdt the October 21th, Novemberl[ 24th and December 3rd, 1997 meetings were approved as[[ corrected. [] THIRD ORDER OF BUSh-NESS A. There B. There C. There Stafl Repo,ts Attorney not being any, the next item followed. Engineer not being any, the next item followed. Manager not being any, the next item followed. FOURTH ORDER OF BUSINE~ Supervisors Requests and Audience Comments Mr. Ward asked is there anythin~ from the Board? Mr. Comeau stated the following Board information and actions are ~vhat I was hoping we could move forward on today. First and foremost it seems that. there is no need to meet on a monthly basis so from here on in, I was wondering if you would mind if we start meeting on a quarterly basis or if not on a bi-monthly basis. What is the Board's preference? Mr. Agnelli asked how much more infrastructure have you got to go? Mr. Comeau replied it is all done. Ail disbursements have been completed. The upcoming Board actions that are going to be required are as follows and these are things for the next meeting if both the Engineer and the Manager could look at 2 16G 1 January 26, 1998 them. We need to follow up with the Water Management District to bring a closure to engineering certification requirements for all permits so that they can be properly transferred to the District. Second, this year we are going to l)e putting assessments on the roll and if the District Manager can be kind enough to start dealing with the Tax Collector and the Property Appraiser's Office to make su~'e that those arrangements are correct, I would appreciate it. More importantly that an existing roll that has been developed and that an accurate and updated roll be forwarded to Fishkind & Associates. I know that we go into those Agreements sometime in June. Mr. Ward stated you went through the procedure in the Fall of las~ year to make sure that you could put it on the roll and I can't remembe,' if the Agreement was signed by the Property Appraiser and Tax Collector. I think it was, I just have to check the record and ,'effect that. If that is true, ! have already communicated with the Property Appraiser and the roll is already cut out and we will be getting whatever the roll is when it comes out of the Propet'ty Appraiser's Office. Generally, they will send it to me in the month of June. F,'om there, the process is that we will start to meet on a reg'ular basis in the summer again. You go through your budget hearings, adopt your budget and then place that assessment on that roll at that point in time. That is a normal thing that I will cio for you. Mr. Comeau stated to date, [ have yet to see an executed Agreement with the Property Appraiser. Mr. Ward stated I will follow up on that. Mr. Comeau stated since there was final disbursement to U.S. Home, if you can go over our financials and see where we are fro' year-end. I would appreciate that. Mr. Ward stated let ,ne take you through what we (lid in terms of tl,e Const,'uction Account. These statements are th~'ough November 30th, so I will give you the flavor of what the December 30th statements will look like and then when you get your next set, which should be out in a couple of weeks, they will reflect that. First and foremost, your books and records are being audited now. That is a requirement of the Statute. The audit is essentially completed and will be filed with the t'egulatory agencies shortly. Generally they are required to be submitted to the Department o[' Banking and Finance in Tallahassee. the Auditor' General's Office and I think there is an additional copy this year that will go to the Department of Community Affai,'s under their new rules. That is a matter of 3 January 26, 1998 course. That will happen as a result of the audit function that is sent out to you. As soon as that audit is finished and ready, a completed copy of that ~ill be transmitted to you for your information and records. There is no additional action that you need to take. The Construction Account, which is the basic bank account that you utilize to fund either the construction/acquisition of your infrastructure at the end of the year, on December 30th or 31st, we transferred the balance of the moneys in the account pursuant to the Acquisition Agreement with U.S. Home that you approved at your last Board meeting. The amount of the transfer was somewhet less than the $3.1 million, hoxveve,', the amount that was trans['erred was in accordance with the original Engineer's Report as to tile estimate o[' the costs. Essentially what your Engineer was telling you at your last meeting was that the amount of cost of the infrastructure and the value o£ that was in excess of what you originally had in your Construction Account, however, U.S. Home picked up the additional cost of that differential at that point in time and we funded to the full extent to U.S. Home the amount that we were obligated to fund to them under the Construction and Acquisition Agreement we executed in December with the Corporation, so for all intents and purposes you will see as of the December January statements what is called your Capital Projects Fund being closed and cleared out and it will have no moneys left in it at that time and that is a result of the acquisition that was done in December by the District to U.S. Home Corporation. I will go through the balance of the accounts that you have and I will start with your Debt Service Fund. The Debt Service Fund is the fund that we utilize t,~ account for prepayments that come into the District's account [','om the Developers to the extent that they are prepaying the lots and you wilt notice that as of November 30t. h, we have received al)out ,$423,000.00 in prepayments on those bond issues. There are still [nte,'est Reserves and moneys left in your regular Reser~-e Account from those bond issues. Because of the way this project is mo~fing, U.S. Home has chosen to prepay the lots special assessments in full at the time they are closing on them so over their sales pe,'iod, which is a four to five-year period, you will see this Debt Service Account balloon up in terms of dollars in it and then as we make those payments, you will see that money go out and the amount of debt left on the overall property be reduced such that by the end of period o[' time you will have no moneys left in your Debt Service Account and you will have debt on your books associated with that. It will be fully funded and then the debt 4 January 26, 1998 service will go away and the Debt Service Fund will then also go away for' that sales period of time. The Income Statement shows what your pa>maents and prepayments have been and you will notice that there have been significant prepayments on this account since November 1 was an interest payment date. We made S3.195,000.00 in principal prepayments in the month of November. That means there was sufficient cash that we had received from the Developer as of November 30th. In the far upper left corne,', you will see Fund 201 and then go to page 4 of Fund 20i. That reflects your Expenses and you will see Principal Prepayments of $3,19a,000.00. That means that ot' all of the moneys that we received from the Developer during the period of time in the preceding six months, we made a bmod repayment of $3,195,000.00 against ?ur bond issue. \Vealso paid $465.000.()() in interest expense during this period of time. The operating' transfers out essentially ,'etlect transfers that are happening between the bond accounts, your Reserve temporary interest accounts in order to make the payments associated with this account. If you go back two pages to page '2 of Fund 201, you will notice [ indicated that you paid $:3,195,000.00 in bonds. Your System Fund balance was S3.5 million. The balance of moneys that are left in the account, which is S423,000.00 in p,'epayments, will be utilized to make the next prepayment call which is scheduled for any interest payment date, so Novembe,- 1 and May 1. On.May i of next year, we will be able to make the next interest prepayment. The next prepayment of principal and the S423,000.00 that is left in your bank account plus whatever additional prepayments come in between now and the call dates will be utilized to make prepayments on your bond issue at that point in time. If you bare any questions, I will stop at this point and ansxver them for you. Hearing none, the only other relatively simple fund you have is what is called the General Fund. The Developer th,'ough contributions du,'ing the year is funding your operating expenses of the District and we received $111.000.00 in revenues, have $111,000.00 in budgeted expenditures of which we have ,'eceived roughly $16,000.00 year to date in revenue and $3,000.00 in expenses which will be utilized. Obviously as of November, we haven't caught up in some of the expenditures. That will happen in due course and probably in 5'our next statement you will see that. That in summary is how your bond accounting w~rks which is the most significant portion of this District and your Debt Service Fund really shows you in gq'eat detail the/lo~v of that ~noney coming in and out of your 5 January26,1998 bond accounts from prepayments and how it is being utilized to make the principal prepayments as they come due and your General Fund is a basic operating General Fund. Mr. Comeau stated on a final note, We have tax season upcoming. \Vhen do you send out our forms? Mr. Ward replied they will be coming out this week. Mr. Comeau stated I have nothing further. If you agree, we can meet every other month until the summer. Mr. Ward stated if you wish to meet every other month, we will schedule that and then when I present you your draft Budget for Fiscal Year 1999, you can detemnine when you want to meet in order to review and adopt that Budget at that time. Mr. Agnelli asked are there any minimum requirements t'or meeting? Mr. Anderson replied no [On MOTION by Mr. Agnelli seconded by Mr. Miller w/th lall in favor the Board approved a bi-monthly meeting [schedule. Mr. Comeau asked is there anything else from the Board? Mr. Burns asked as Board members do we not have to annually register with the County? Mr. Ward replied you have to file your Form 1 Financial Disclosure Form which was due June 30th oflast year and it is not due until June 30th oF this year. Mr. Comeau asked do you send out notification to us? Mr. Ward replied I do not. Generally you should get the form in the mail from the Supervisor of Elections office in the County in which you reside. We will check that for you. Mr. Comeau stated this year we have some terms that are going to be coming up. You sent out a memo once explaining the terms. Mr. Ward stated your terms do not expire until 1999 and then 2001. FIFWH ORDER OF BUSINESS Consideration of Fundh~g Request No. lO and Financial Statements Mr. Ward stated unless you have any questions or comments, on Funding Request No. 10, a motion to approve the request is in order. 6 January 26, 1998 II0n MOTION by Mr. Stanley seconded by Mr. Agnelli [with all in favor Funding Request No. 10 was approved. SIXTH ORDER OF BUSINESS Adjournment Mr. Comeau stated if there is no further business, I will entertain a motion to adjourn. liOn MOTION by Mr. Miller seconded by Mr. Agnelli with lall in favor the meeting was adjourned at 11:30 A.M. Ja..~nes P. Ward Secretary Peter Comeau Chairman 7 AGENDA NAPLES HER/rAGE CONLMUN1TY DEVELOPMENT DISTRICT Monday January 26, 1998 11:00 A.M. 1_. Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Approval of the Minutes of the October 27, November 24, and December 3, 1997 Meetings Staff Reports A. Attorney B. Engineer C. Manager Supervisors Requests and Audience Comments Consideration of Funding Request No. 10 and Financial Statements Adjournment; 16G 1 Naples Daily News Naples, FL 33g~ Affidavit of Publication HapLes Oaily Hews NAPLES HERITAGE COMMUNITY DEVELOPMENT OISTRICT 10300 N~ 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57625552 NOTICE OF flEETING HA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve es the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at NapLes, i in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Oaily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/19 AD SPACE: 63.000 %NCH FILED OH: 01/19/98 ....................... --~7----------~' ....... + .......................... Signature of Affiant /'/* ' S~orn to and Subscribed~before me this /q day of~ Personally known b7 m~~.~J -- ~ ~ 120 , ncE oF----[ MEllHG I NOTICE OF .~EETINO NAPLES HERITAGE CON~AAUNITY DEVELOPMENT DISTRICT The regulor meeting of & V~ 801 Ook Dr ye,' Suite 300, N~les, Ftorido. The me~ng Is ~en to L~ f~ C~n~ ~' sl~ ~en ~e ~ t~J~ p~e eider in ~r- son ~ by tel~h~e corn- Any ~r~ dl~b[l~ ~ physica ~etreme~ ~ld c~ ~' ~ ~V es ~ o~ m~e ~Y ~e ~d w~ re~e~ to ony c~sid~ ~ me Fg~l~,-me per~n m~ ~m re~d ~ ~e ceedlngs Is Including ~e te~m~v and evident ~ .whi~ suc~ o~peal Is to De G~ L. Jan~ 19 ~. 1 JOYCE E. 8LAZJER MY C0MMGSIOfl I~ CC,163~1 EXPIRF,' Ap~t 10. Ig98 Napies Heritage Community Development District November 28, 1997 U.S. Home Corporation 10491 Six Mile Cypress Park~vay Ft. Myers, FI. 33912 Attention: Subject: Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Comeau, The current funding requirement for the Naples Heritage Community Development District is necessaQ' to pay the following. Pay Request # 10 First Union National Bank 12/97-11/98 '96 Capital Improvement Bond Truste Fee Gary L. Moyer, P.A. 10/97 Management Fee & Services 11/97 Management Fee 12/97 Management Fee 7 Services $5,075.63 $3,574.32 $2,833.33 $4,312.37 Total Request: $15,795.65 Accordingly, it would be appropriate for U.S. Home Corporation to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain, Naples Heritage CDD 10300 N.W. 1 lth Manor Coral Springs, FI. 33071 Yours sincerely, Randolph G. White Director of Accounting 16G 1 ._~ c E r- 0 '-- Z 0 ~gg~ .............. ooo°°°§§§§°°°°§§§ooo§§OOooooooooo § ~ ~ oo°°§§~§§§°°°°~°°°§~oo~ ooo ~ ~ ~ ZOr~ oooooo~§~o ooooooooooo § °~ ~ §§§oooo I II I 16G 1 ooo o IIII I II I~ I II1! IIIII ll~ll ~1 16fi 1 0 · ooooo o o o §°~°§o~o ~ ~ ~ Alaple$ Herifage ~omm~mlt~f Development District March 30, 1998 General Accounting Manager 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Naples Heritage Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 1997. 2. There is no Management Letter, or Management Letter Comments. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW/~ds Enclosures 10300 NW 11~ Manor..Coml Springs, Florida 33071..Telephone [954) 753-5841..Fax (954) 345-1292 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERALFUND 1135 REVENUES AND OTHER CREDITS (311,000 THROUGH 390.000) Account No. Description 343.900 366.000 Other Physical Environmental Revenue Contributions and Donations from Pdvate Sources Whole Dollars Only Amount $13,000 75,331 $88.331 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERAL FUND i66 1135 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Whole Dollars Only Account No. Object Description Amount 511 10 512 30 514 30 519 30 S_,~,pervisors Fees Management Fees Legal Fees $8.800 Other General Government Se~ices 34.000 15,510 25,216 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) S83.526 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICEFUND 16G 1135 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 363.100 Special Assessments 361.000 Interest Earnings 384.000 Debt Proceeds Whole Dollars Only Amount $4,434,743 169,082 2,859,412 $7,463,237 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBTSERVlCEFUND 1135 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 71 72 70 517 517 581 Description ~al Debt Retirement Interest Expense Whole Dollars Only Amount $1,245,000 390,145 Interfund Transfers 113,795 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 $1,748,940 Rev. 10/9/97) 2 REPORTING ENTITY: REPORTING FUND GROUP: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: CAPITAL PROJECTS FUND 1135 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 Interest Earnings 381,000 Interfund Transfer 384,000 Debt Proceeds 384.000 Debt Proceeds Whole Dollars Only Amount $79,575 113,795 13,271,398 246,450 $13,711,218 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUND EXPENDITURES A ND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 539 60 Capital Outlay 16G ! 1135 Whole Dollars Only Amount $11,561.693 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA..403 Rev. 10/9/97) $11,561,693 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 1997 TABLE OF CONTENTS Independent Auditor's Report .................................................. 1 General Purpose Financial Statements: Combined Balance Sheet - All Governmental Fund Types and Account Groups ............................................ 2-3 Combined Statement of' Revenues. Expenditures and Changes in Fund Balances - All Governmental Fund Types ............................................ 4 Statement of Revenues. Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds ................................. 5 Notes to General Purpose Financial Statements .......................... 6-1.4 Other Auditor's Reports Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Gover,mental Attditit~g .¥tan~h'trds ............... 16-17 Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with (;overtm~ent Auditing Standards .............................. 18 Report on Compliance with Certain Bond Terms. Covenants. Provisions and Conditions ......................................... 19 DASZKAL, BOLTON & MANELA (~EIITIFIED PI'BI,If' .S.('('¢)t'NTA NT.'; A PAR FNERSIIlP OF PROFE.'s.'4IONAI..s.s.,g()( 'IA FI¢)'~N 16G 2-10 S.S.'. PAI.,XlETTO PARK ROAD, ~I'ITE 300. BO(.'A R.ATON, FI.ORII)A 33431 TEI,EPIIONE (MI)J67-I040 F,LX (MI)7~1-.1236 JEFFREY A. BOI.TON. CPA. P.A. MI('IIAEI. I. I)A$ZKAI, ('P.~,. I'.A. TIMO~IY R. I)EVI.IN, CPA, P.A. ME.MBER OF Tile .XMERI('AN IN~TFFt'I'F. ()I" ('ERTII-1E]) I'UBLI(7 A('COI INDEPENDENT AUDITOR'S REPORT Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples Heritage Communitv Development District (the "District"), and for the year ended September 30, 1997, as listed in the table of'contents. These general purpose financial statements are the responsibility of Naples Heritage Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and (~ovetvtmetl! Auditing,%'tand~trd. v, issued by the Comptroller General of'the United States. Those standards require that we plan and per~orm the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis. evidence supporting the amounts and disclosures in the general purpose financial statements An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Naples Heritage Community Development District. Naples. Florida, as of September 30, 1997, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with (]o~'ernment.dttditin&, Sttmdardv, we have also issued a report dated Januarv 14. 1998 on our consideration of Naples Heritage Community Development District's internal control structure and a report dated January 14, 1998 on its compliance with laxvs and regulations Boca Raton. Florida January 14, 1998 -I- 16G - NAPLES ltERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES DefininR the Governmental Reporting. Entit_.y Naples tteritage Community Development District (the "District") is a local unit of special purpose government, established on Sep:ember 24, 1996, pursuant to Chapter 190 of the Florida Statutes. (the "Act"). The District was established for the purposes of financing and managing the acquisition. construction, maintenance and operation ora portion ofthe infrastructure necessary for community development within the District. ]'he Act, subject to the limitations set forth therein, authorizes the District to issue bonds for the purpose, among others, of financing, funding, planning, establishing. acquiring, constructing or reconstructing, enlarging or extending, equipping, operating and maintaining roadways, utilities, earthwork, water management, parks and security, wetland and mitigation, professional sec'ices and costs incurred for bonding facilities and construction inspections in or without the boundaries of the District. The governing body of the District is its Board of Supervisors (the "Board"). which is composed offive Supervisors. The Supe~'isors are elected by vote of the Landowners of the District. The District encompasses approximately 557 acres within Naples Heritage Ithe "Developmem") Naples Heritage is a planned unit development located in Collier City, Florida. being developed bv U.S. Homes Corporation (the "Developer"). Within the approximately 557 acres in the District. approximately I01 single-family residential units. 558 multi-family residential units and 140 duF. lex villas are expected to be built and complimented with open space, recreational areas, community facilities and a golf course. The 1996 Bond proceeds will be used to finance tile acquisition and construction of certain inlprovements which will serve the entire district and certain other improvements itl the first phase of the development of the District. It is anticipated that the infrastructure costs Ibr the remaining master and subdivision infrastructure costs ,.,.'ill be linanced through additional series of bonds issued by the District, which bonds ,.,,'ill be payable from and secured by special assessments on the property benefitted thereby Basis of Accounting and Measurenlent Focus The District uses modified accrual basis of accounting for Governmental Fund types v, hereby revenue is recognized when it becomes both measurable and available Measurable means the amount can be determined, available means collectible within the current period or soon enou~,h therea~er Expenditures are generally recognized under the modified accrual basis ot'accotmting ',~, hen tile related l"und liability is incurred, except tbr principal and interest on general long-term debt ~.~,hich are recognized as expenditures in the year due The accounts of the District are organized on the basis of funds and account groups, each of v,'hich is considered a separate accounting entity. The operations or' each fired are accounted tbr ~.,,ith a separate set of self--balancing accounts that comprise its assets, liabilities, t~und equity, revenues and expenditures, as appropriate. Go~,'ernment resources are allocated to and acco'anted for in individual funds based upon the purposes tbr which the',,' are to be spent and the means by which spending activities are controlled. The various fiands are grouped by type in the financial statements. -6- NAPLES tlERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS ! NOTE ! - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting and Measurement Focus (Continued) Governmental Fund Types - These fund types are accounted for using a current financial resources measurement focus. This means that only current assets and current liabilities are generally included in the balance sheet. Therefore, Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (expenditures and other financing uses) in net current assets The Government Fund types of the District are: General Fund - The General Fund is the general operating fund of the District. It accounts for all financial resources, except those required to be accounted for in another fund. Debt Service Fund - The Debt Service Fund is used to account for the accumulated resources for the payment ofgeneral long-term debt principal, interest and related costs. Capital Projects Fund - The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital projects Account Groups - The General Fixed Assets Group and the General Long-Term Debt Account Group are concerned only with the measurement offinancial position. They are not involved with 'the measurement of results ofoperations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all fixed assets of the District. General Long-Term Debt - This self-balancing account group is used to account for ali long- term debt of the District. Fixed Assets Fixed assets used in Governmental Fund Types are recorded in the General Fixed Assets Account Group at cost or estimated historical cost if purchased or constructed. Major fixed asset additions are financed primarily t?om bond proceeds No provision is made for depreciation of assets in the General Fixed Assets Account Group. Investments Investments are stated at cost -7- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G NOTE ! - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) ..Lo.ng-term Oblit~ations The District reports its long-term debt at face value in the general long-term debt account group. For governmental fund types, bond discounts and issuance costs are recognized in the current period Bond proceeds are reports as another financing source net of discount. Bonds were issued to finance capital improvements, therefore, issuance costs are reported in the capital projects fund. :~ Designated Fund Equity Designations of fund equity are used to show the amounts within unreserved equity which are intended to be used for specific purposes but are not legally restricted Budgets and Budgctarv Accounting Annual budgets are adopted on a basis consistent with generally accepted accounting principals for the General and Debt Service Funds. All annual appropriations lapse at the fiscal year end. Each year, Management ofthe District prepares a proposed operating budget for the fiscal yez. r which includes proposed expenditures and the means of financing them. Estimated beginning fund balances are considered in the budgetary process but are not included as budgeted revenues. Furthermore, expenditures may not exceed appropriations at the fund level. The proposed budget is submitted to the Board of Supervisors for approval and formal adoption. Prior to adoption, hearings are held to' obtain public comments. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not used by the District. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. ';'he columns do not present financial position or results of operations in conformity with gener~:lly accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. -8- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE I - SUM.MARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assessments Under certain Florida Statutes, the District has the power to levy and assess taxes on taxable real and tangible property, and to levy special assessments on specially benefitted lands, with the District to pay principal and interest on bonds issued and to provide for sinking or other funds established in connection with such land issues. NOTE 2- CASH AND INVESTMENTS Deposits At September 30, 1997, the carryi. 'ng amounts of the District's deposits were $4,807. These deposits were covered by Federal Depository Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. It is the District's policy for all deposits to be made into and held by financial institutions designated by the Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of'the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. Collateral is pooled in a multiple qualified public depository institutional pool with the ability to assess members and recover losses in the event ora default or insolvency. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and the reporting requirements of'the qualified public depository is defined by the Statute The District has not experienced material losses in its cash accounts and believes it is not exposed to any significant credit risk to cash Investments. The District's investment policy allox,.s investments only in: Local governmental surplt,s funds, trust funds or any intergovernmental investment pool 2 Securities and Exchange Commission registered money market funds. 3 Savings accounts in state certified qualified public depositories. 4 Certificates ofdeposits in state certified qualified public depositories. Other obligations permitted under the laws of the State of Florida. -9- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 2 - CASH AND INVESTMENTS (Continued) The District's investments at September 30, 1997 are categorized below by type to give an indicat:on of the level of risk assumed by the District at year-end. Category 2 is defined as deposits and registered investments held by a pledging financial institution's trust department or agent in the District's name. Institutional Money Market Funds U.S. Government obligations Category Carrying 2 Amount $6,164,586 $6.164,586 i.637. ! 09 1,637,109 Approximate Market Value S6~ 164,586 1,636 695 NOTE 3- CHANGES IN GENERAL FIXED ASSETS The summary of'changes in general fixed assets for the year ended September 30, 1997 is as f'ollows: Balance Balance October I, September 1996 Additions Deletions 1997 Improvements under development -lO- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4 - BONDS PAYABI. E Thc following is a summary ofbonds outstanding at September 30, 1997: Bonds payable. October I, 1096 Bonds issued Bond repayments Bonds payable, September 30, 1907 Original date of bond issue Final maturity date Interest rate Special Special Assessment Revenue Bonds Series 1996 Due 200 i 16,430,000 1.245.000 Total $ - 16.430.000 1.245.000 December I, 1996 November 1, 2001 6.15°,/o The following are the annual requirements to pay bonded indebtedness outstanding at September 30, 1997: Series 1996 Bonds (Due November 1, 2001): Year Ending September 30 Principal Interest Total 1998 $- $ 933,877 $ 933,877 1999 - 933,877 933,877 2000 525,000 917,734 1,442.734 2001 555,000 884,524 1,439,524 2002 14,105,000 433,729 14,538,729 $ [5.&85,9_o0 $._4, .103,7_4) -11- NAPLES ltERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G NOTE 4- BONDS PAYABLE (Continued) The proceeds of the 1996 Bonds are being used to finance capital improvements, including surface water management and control systems; water and wastewater facilities; roadways; landscaping and security walls; recreational facilities; security systems and parks. The payment of v,'hich can be supported by special assessments on all assessable land within the District. The proceeds will not be used for operation and maintenance of these facilities. The debt service on the Series ! 990 Bonds is expected to be paid at the time of' lot or home closings As units or homes are sold and ownership is transferred to individual landowners, that portion of the special assessments that is represented by the sold units or homes may be paid off This ,.,.'ill include an amount representing the principal portion of the Series 1096 Bonds that thc sold parcels are responsible for. in addition to any interest that has accrued. Mandatory Redernl?tion The Bond Due November I. 2001. is subject to mandatory redemption in part by the District by lot prior to their scheduled maturity from monies in the 1996 Sinking Fund Account established under the Indenture in satisfaction of applicable Amortization Installments at the Redemption Price of 100% oFthe principal amount thereof, without premium, plus accrued interest to the Redemption Date. May I of the years and in the principal amounts set forth below: November i of the Year Amount 1999 S525.C,00 2000 555.000 2001 14,105,000 $15,185,090 Optional Redemption The 1990 Bonds are not subject to optional redemption prior to maturity. -12.- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 1 NOTE 4 - BONI)S PAYABLE (Continued) Bond Resolution The bond resolution and the trust indentures established certain accounts and determined thc order in which certain revenues are to be deposited into these accounts as outlined in Section 502 of thc Master Trust Indenture. Sinking Fund Reserve Accot,nl Thc 1906 Rcsc~'c Account is required to maintain a balance representing 10% of thc outstanding 1996. Therefore. thc account balancc ,.,,'ill decrease as the outstanding principal balance is reduced. At Scptembcr 30. 1997. Reserve Account balance of $1,519,277 is included in the Debt SeN'ice Restricted Investment. NOTE 5 - TRANSACTIONS W1Tll DEVELOPER U.S. Home Corporation. the Developer. is the major builder v.'ithin the District and reimburses the District for special assessment bonds through assessments. An amount of $4.434.743 ,.'.'as paid tc. thc District by U.S. t lome as of September 30. i 997 for assessments. NOTE 6 - MANAGEMENT AGREEMENT The District has executed an agreement dated October 21. 19(16 with a mamtgcmcnt companv to pcrlbrm management advisory services which include financial and accounting advisor,.' services. lJnder the agreement, the District compensates the management company lbr such expenses as travel, express mail. research, word processing, long distance telephone, postage, photocopying. courier, and cmnputer services. NOTE 7 - I)EVEIA)PER A(;I/EEMENT The District paid the Developer. ['.S. Home. $11211.000 in accordance with the dated agreement December I I. It)96. The payment is tbr actual cost of constructing improvements. NOTE 8- FUNi)iNG AGREEMENT The Developer agrees to make available to the District the moneys ncccssarv lbr thc operation of the District. The funds shall be placed in thc Districts General checking account...'ks of September 30. 1907 thc District has received $75.331 from [;.S. Home for District operations. -13- NAPLES ItERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 9- CONSTRUCTION FUND RESERVE AGREEMENT The Developer has executed an agreement with the District for construction and maintenance of Phase II. The agreement calls for a reserve fund in the amount of 10% of'approved costs. At September 30, 1997, the balance in the Construction Fund Reserve is $89,950 and is includecl in restricted investments in the Capital Projects Fund. -14- 16G 1 , OTHER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA {'ERTIFIEI) PI'III.lC' ~{'{ Ol'N'r ~x'rs A I' ~.R'I'~ EllSlllP (IF PR(II.'E.'gt. iICINAI, AN.",I It' 'lA I lC IN'-, 2411 s.g.P.'~I,ME 1T¢) PARK ROAD. SI'ITE $¢10. B¢)¢'A RATON. FI,ORIlYt. 33432 TEI,EPIIt')NE (561Llfi?.ll140 FAX (.~r~l)'t.q'J.3236 · /EFFN KY A. IIO1,1'O~,. ('I'A. I'.A. MI('IIAEI. I. DA.~ZK ~,1. CPA, P,A. I~OBERT .~ M,.L'~I".I.'L ('P ~,. I).A. TIMOI'IIY R. DEVI.I'~. ('P.~,, ?.A, M ENI Ill,:R OF FI IE A.M T,:RI( ',cx IN.%TTTI 1 E OY ('KRTIFIED Pt'HI J(' A('COI INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VE RNMENT /t U D ITING ,¥TAN DA RD.¥ Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples Heritage Community Development District (the "District") as of and for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998, We conducted our audit in accordance with generally accepted auditing standards and ¢;orernme.ut ,4ttditittg Stanthtrd¥, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of'internal control structure policies and procedures, The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal controls structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to t'uture periods is subject to the risk that procedures may become inadequate because of'changes in conditions or that the effectiveness of the design and operation of' policies and procedures mav deteriorate. -16- 1 INDEPENDENT AUI)ITOR'S REPORT ON TIlE INTERNAl. CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PUI{I'OSE FINANCIAL STATEMENTS PEI:tFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 1 In planning and performing our audit of the general purpose financial statements of thc District for the year ended September 30, 1997, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control structure. Accordingly. we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively Iow level the risk that errors or irregularities, in amounts that would be material in relation to thc general purpose financial statements being audited, may occur and not be detected xvithin a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended solely for the Board of Supervisors. the District's management, the Auditor General of the State of Florida and other state and federal audit agencies, t lowcvcr, this report Js a matter of public record anti its distribution is not limited. Boca Raton. Florida JanuaD' 14. 1998 -17- DASZKAt., BOLTON & MANELA ('ER'rIFIEI) Iq'BIA(' .t.(..( 'OI'NTAN'i'~; A PAR rNERSIIIP OF PROFE.~I()NAI, A.N.NO( 'IA'rl¢)N~ 16G 2JO W. PAI,MEI'T¢) PARK ROAI)..NUITE $00. B(X'A bLV[ON. FI,ORIDA ,13431 TEI,EPIIONE (.~61)367. 1040 F,LX (561)750-3236 .IEI"FRK%' A. [IOI.T¢)N. CfA. I'A. MI(*IIAEI, I. DA.~ZKAI. ('PA. I'.A. ROBERT A. N$,k.NEI,~.. CPA. P.A. TIMOTIIY R. DEvI,IN. CPA. I'.A. MEMIIER ¢)1.' Jill'] ,~.M ERI('AN INSTITI T~'k OF {'ER I'll.l El) I"l' III .lC ,~.('COI 'Nq',k.Nl S INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITli GOVERNMENTA UDITING STANDARD.¥ Board of Supen,'isors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples Heritage Community Development District (the "District") as of and for the year ended September 30. 1997 and have issued our report thereon dated January' 14. 1998. We conducted our audit in accordance with generally accepted auditing standards and Governme.t AmBting Sto.d~n'd~', issued by the Comptroller General of the United States and Sec:ion II .45(3)(a)(4) of Florida Statutes, Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations and contracts applicable to the District is the responsibility of the District's management. As pan of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the District's compliance ,.vith certain provisions of laws, regulations and contracts. However, the objective of our audit of the financial statements was not to provide an opinion on overall compliance with such provisions Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein und er ( ire'er/m/eh! A m,q////g Shmdard~'. This report is intended solely tbr the Board of Supervisors. the District's management, the Auditor General of the State of Florida and other state and federal audit agencies. However. this report is a matter of public record and its distribution is not limited. Boca Raton. Florida January 14. lO98 -18- 16G DASZKAL, BOLTON & MANELA (:ERTII.'IEI) PI'BI,I~' ,~C¢'OI'NT.',NTS A PARTNER.~IIIP OF PROFES.~iONAL A~.~(X/IATIO.%5 240 W. PAI.,METTO PARK ROAD.."iI'ITE $00. B(X'A RATON, FI.OI411)A 33432 TEI.EPIIONE (.r,,61)J67.1(MO ['AX (561)7.~4).J236 · JEFFREY A. B¢)I,TO.'%. CPA. P.A. MICIIAEI. I. i)A~ZKAI, CPA, I'.A. ROBERT A..MANEI,~. CPA, P..~. TIMOTllY R. I)K%'I.IN. ('PA, P.A. MEMBER OF TIlE ,~M ERIc,~."/L%'STT~I-~'E OF CERTIFIED I'I,'B I.IC REPORT ON COMPLIANCE WITH CERTAIN BOND TERMS, COVENANTS, PROVISIONS AND CONDITIONS Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited, in accordance with generally accepted auditing standards and (7overnment A ud;ling ,%'tattdttrd. v. issued by the Comptroller General of the United States, the general purpose financial statements of Naples Heritage Community Development District (the "District"), as of and for the )'ear ended Septer'nber 30, 1997 and have issued our report thereon dated January 14, 1998. In connection with our audit, nothing came to our attention that caused us to believe that there was an event of Default as defined by Section 902 of the authorizing resolution for the Special Assessment Revenue Bonds, Series 1996 insofar as they relate to accounting matters noted in .,M-ticles IV and V and Sections 808 and 809. However. our audit was not directed primarily toward obtaining knowledge of such noncompliance. This report is intended solely for the use of the Naples Heritage Communitv. Development District. the Auditor General ofthe State of Florida and other stale and federal audit agencies and should not be used for any other purpose. However. this report is a matter of public record and its distribu:ion is not limited. Boca Raton, Florida January 14, 1098 JVaples lerita e (~ommunity Development District 16G March 30, 1998 Clerk of the Circuit Court Collier County Courthouse 3301 Tamiami Trail East P.O. Box 413044 Naples, Florida 33941-3044 Attention: Mr. Dwight E. Brock Clerk of the Circuit Court Subject: Naples Heritage Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Brock: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 1997. 2. There is no Management Letter, or Management Letter Comments. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW/lds Enclosures 10300 NW 111h Man~..Coral Springs. Florida 33071..Telephone (954) 753-5841..Fax (954) 345-1292 16G 1 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER' REPORTING FUND GROUP: GENERALFUND 16G 1135 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 343.900 366.000 Other Physical Environmental Revenue Contributions and Donations from Private Sources Whole Dollars Only Amount $13,000 75,331 $88,331 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERAL FUND 16G 1 1135 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 511 10 512 30 514 3O 519 30 Description Supervisom Fees Mana~ementFees ,Le~alFees Other General Government Services Whole Dollars Only Amount $8,800 34,000 15,510 25,216 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-M-403 Rev. 10/9/97) 2 $83,526 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUND 16G 1135 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 363.100 Special Assessments 361.000 Interest Earnincjs 384.000 Debt Proceeds Whole Dollars Only Amount $4,434,743 169,082 2,859,412 $7,463,23! TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUND 1135 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. O~ect 517 71 517 72 581 70 Description ,Principal Debt Retirement Interest Expense 'lnterfund Transfers Whole Dollars Only Amount $1,245,000 390,145 113,795 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Sl,748,940 Rev. 10/9/97) 2 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUND 1135 REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 361.000 Interest Eamincjs 381.000 Interfund Transfer 384.000 Debt Proceeds 384.000 Debt Proceeds Whole Dollars Only Amount $79.575 113,795 13,271,398 248.450 $13,711.218 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES '1996-97 NAPLES HERITAGE COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUND 1135 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 539 60 Capital Outlay Whole Dollars Only Amount $11,561,693 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 1019/97) 2 $11,561,693 16~ NAPLES llERITAGE COMMUNITY I)EVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR TIlE YEAR ENDED SEPTEMBER 30, 1997 16G 1 TABLE OF CONTENTS Independent Auditor's Report ............................................. I General Purpose Financial Statements: Combined Balance Sheet - All Governmental Fund Types and Account Groups ............................................. 2-3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types ........................................ 4 Statement of Revenues, Expenditures and ('hanges in Fund Balances - Budget and Actual - General and Debt Service Funds .................. Notes to General Purpose Financial Statements ...................... 6-14 Other Auditor's Reports Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with (]overttme.tal Attditmgy St~tttdat'tls' ............... 16-17 Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Govermnett! Attditmg Ntat~htr~t¥ ............................ 18 Report on Compliance with Certain Bond Terms, Covenants. Provisions and Conditions ................................... 19 DASZKAL, BOLTON & MANELA CERT. IFIF~D PVBLIC ACCOUNT.~,N'r.~ A P,XRTNEILSIIIP OF PROFE.~SIONAI. ASS()( 'IA I'ION.~ 240 W. PAI..METTO PARK ROArh St'l'rE joo. BtX'A RAFON. FI.ORIDA JJ432 TEI.EPIIONE (.~61D67.1040 FAX (56t)'/~LJ2J& JEFFREY A. DOt,TON. ('PA. I'.A. Ml('I I~ El, I. DA.~iZKA I, CPA. P.A. ROBERT ,~ MANKInd. C?A. P.A. TL%IOTIIY R. DE%,'LIN. CPA. PA- MENIBER OF rile A.M ERIC,~-'~' OF ('ER~IFIEI) Pt;IILIC ACCOI'NIA.%-fS INDEPENDENT AUDITOR'S REPORT Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples t4eritage Community Development District (the "District"), and for the year ended September 30, 1997, as listed in the table of contents. These general purpose financial statements are the responsibility of Naples Heritage Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Governmen; Auditing Standardv, issued by the Comptroller General ofthe United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An at, dit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Naples Heritage Community Development District, Naples, Florida, as of September 30, 1997, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government .4ttditittg Standards, we have also issued a report dated Janua~' 14. 1998 on our consideration of Naples Heritage Community Development District's internal control structure and a report dated January 14, 1998 on its compliance with laws and regulations Boca Raton, Florida January 14, 1998 -i- 16G 1 '1 r~1 I III 16G 1 I I I Z mm~me 1 NAPLES ItERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATE,MENTS NOTE ! - SUMMARY OF SIGNIFICAN'F ACCOUNTING POI,ICIES Definin tLhe Qgvcrnmental _R._~po r t i.n_.g_E n t it y Naples tleritage Community Development District (the "District") is a local unit o£ special purpose government, established on September 24. 1996, pursuant to Chapter 190 of the Florida Statutes, (the "Act") The District ,,,,'as established for the purposes of financing and managing the acquisition. construction, maintenance and operation ora portion of'the infrastructure necessary tbr community development within the District. The Act, subject to the limitations set tbrth therein, authorizes the District to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating and maimainim,, roadwavs, utilities, earthwork v,'ater management, parks and security wetland and mitigation, professional services and costs incurred for bonding facilities and construction inspections in or without the boundaries of the District. The governing body of the District is its Board of Supervisors (the "Board"). which is composed of five Supervisors. The Supervisors are elected bv vote of thc t. andowners ofthe District. Tile District encompasses approximately 557 acres within Naples Heritage (the "Development"). Naples l leritage is a planned unit development located in Collier City, Florida, being developed by U.S. }tomes Corporation (the "Developer"). Within the approximately 557 acres in the District. approximately I01 single-family residential units, 558 multi-family residential units and 140 duplex villas are expected to be bt, ih and complimented with open space, recrealional areas, community facilities and a golf course The 1996 Bond proceeds ,,,,'ill be used to finance the acquisition an~l construction of certain inlprovements which will se~'e tile entire district and certain other improxements in tl;e first phase of the development of the District. It is anticipated that tile infrastructure costs for tile remaining master and subdivision infrastructure costs will be financed throt,gh additional series of bonds issued by the District. which bonds will be payable from and secured by special assessments on the property benefitted thereby. Basis of Accounting ~_nd_~teasurement Focus The District uses modified accrual basis of accounting I'br Governmental Fund types whereby revenue is recognized when it becomes both measurable and available Measurable means the amount can be determined; available means collectible within the current period or soon enou,.z,h thereaf'ter. Expenditures are generally recognized under the modified accrual basis of accountin~ ,.vt~en the related fund liability is incurred, except tbr principal and interest on general Iong-ter~ debt which a~e recognized as expenditures in the year due The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, as appropriate, Government resources are allocated to and accounted for in indMdual funds based upon tile purposes for v. hich they are to be spent and the means by which spending activities are controlled The various fi. rods are grouped by type in the financial sthtements. -6- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO PUaPOSr. FISANCl^L STATEMENTS NOTE ! - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting_and Measurement Focus (Cont. i,nued) Governmental Fund Types - These fund types are accounted for using a current financial resources measurement locus. This means that only current assets and current liabilities are generally included in the balance sheet. Therefore, Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (expenditures and other financing uses) in net current assets. The Government Fund types of the District are: General Fund - The General Fund is the general operating fund of the District. It accounts for all financial resources, except those required to be accounted for in another fund. Debt Service Fund - The Debt Service Fund is used to account lbr the accumulated resources for the payment of general long-term debt principal, interest and related costs. Capital Projects Fund - The Capital Projects Fund is used to account for financial resources to be used Ibr the acquisition or construction of major capital projects. Account Groups - The General Fixed Assets Group and the General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results ofoperations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all fixed assets of the District. General Long-Term Debt - This self-balancing account group is used to account/bt all long- term debt of the District. Fixed Assets Fixed assets used in Governmental Fund Types are recorded in the General Fixed Assets Accoum Group at cost or estimated historical cost ifpurchased or constructed. Major fixed asset additions are financed primahly t?om bond proceeds No provision is made for depreciation or'assets in the General Fixed Assets Account Group. Investments Investments are stated at cost -7- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ]. (2} ~ NOTES TO GENERAL PURPOSE FINANCIAL STATEMI~;NTS 1 NOTE ! - SU.MMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) L_on_~-_t~t ions The District reports its long-term debt at face value in the general long-term debt account group For governmental fi, nd types, bond discounts and issuance costs are recognized in the current period Bond proceeds are reports as another financing source net ofdiscount. Bonds were issued to finance capital improvements, therefore, issuance costs are reported in the capital projects fund Designate~u_/LX Designations of fund equity are used to show the amounts within unreserved equity which are intended to be used for specific purposes but are not legally restricted. Budgets and B.u_~g.c_A.a._ry Accounting Annual budgets are adopted on a basis consistent with 8eneralh,' accepted accounting principals for the General and Debt Service Funds..4,11 annual appropriation~ lapse at the fiscal year end. Each year, Management ofthe District prepares a proposed operating budget tbr the fiscal year which includes proposed expenditures and the means of financing them Estimated beuinning fi,nd balances are considered in the budgetars.' process but are not included as budgeted re~,Tenues. Furthermore. expenditures may not exceed appropriations at the fund level. The proposed budget is submitted to the Board of Supervisors for approval and formal adoption. Prior to adoption, hearings are held to obtain public comments Encumbr__ances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to rese~'e that portion of the applicable appropriation. is not used by the District. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" because the,,' do not represent consolidated financial information and are presented only to t~tcilitate tinancial analysis. The columns do not present financial position or results of operations in contbrmitv with uenerallv accepted accounting principles. Interfund eliminations have not been made in the aggreuation ofth(s data. -8- NAPLES IIERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G 1 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assessments Under certain Florida Statutes, thc District has the power to levy and assess taxes on taxable real and tangible property, and to levy special assessments on specially benefitted lands, with the District to pay principal and interest on bonds issued and to provide for sinking or other funds established in connection with such land issues. NOTE 2 - CAStl AND INVESTMENTS Deposits At September 30, 1997, the carrying amounts of the District's deposits were $4,807. These deposits were covered by Federal Depository Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. It is the District's policy for all deposits to be made into and held by financial institutions designated by the Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds Collateral is pooled in a multiple qualified public depository institutional pool with the ability to assess members and recover losses in the event ora default or insolvency. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and the reporting requirements of the qualified public depository is defined by the Statute. The District has not experienced material losses in its cash accounts and believes it is not exposed to any significant credit risk to cash. Investments The District's investment policy allows investments only in: Local governmental surplus funds, trust funds or any intergovernmental investment pool. 2. Securities and Exchange Commission registered money market funds 3. Savings accounts in state certified qualified public depositories 4. Certificates ofdeposits in state certified qualified public depositories. 5 Other obligations permitted under the laws of the State of Florida. -9- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G NOTE 2- CASH AND INVESTMENTS (Continued) The District's investments at September 30, 1997 are categorized below' by type to give an indication of' the level of risk assumed by the District at year-end. Category 2 is defined as deposits and registered investments held by a pledging financial institution's trust department or agent in the District's name. Institutional Money Market Funds U.S. Government obligations Category Carrying 2 Amount $6,164.586 $6.164.586 1,637, 109 __I .637.109 Approximate Market Value $6,164,586 1,636,695 $_LJI20 !.&9 ~ SLs_oj_ &9.~ $.7, NOTE 3- CilANGES IN GENERAL FIXED ASSETS The summa~.' of changes in general fixed assets for the year ended September .10, 1997 is as Follou, s Balance Balance October 1, September 1996 Additions_ . Deletions 1997 Improvements under development $ _, $.[.1 ,.~61,6% -10- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS NOTE 4- BONDS PAYABLE The following is a summary of bonds outstanding at September 30, 1997: Bonds payable, October 1, 1996 Bonds issued Bond repayments Bonds payable, September 30, 19o7 Original date of bond issue Final maturity date Interest rate Special Special Assessment Revenue Bonds Series 1996 Due 2001 16,430,000 1,245,000 $15,!8L0oo Total $ - 16,430,0O0 1,245,000 $1.5, December I. 1996 November 1, 2001 6.15% The follo,.ving are the annual requirements to pay bonded indebtedness outstanding at Septembe? 30. 1997: Series 1996 Bonds (Due November 1, 2001): Year Ending September 30 Principal Interest Total 1998 $ $ 933.877 $ 933.877 1999 933.877 933.S77 2000 525.000 917.734 1.442.734 2001 555.000 884.524 1.439.524 2002 14,105,000 433,729 14,538,729 $15,.185,0Q0 $4, ! 0J,741 $~I -il- NAPLES tlERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATE.MENTS NOTE 4 - BONDS PAYABLE (Continued) The proceeds of the 1906 Bonds are being used to finance capital improvements, including surface water management and control systems; water and wastewater facilities; roadways; landscaping as~d security walls; recreational facilities; security systems and parks. The payment of' which can be supported by special assessments on all assessable land within the District. The proceeds will not be used for operation and maintenance of these facilities. The debt service on the Series 19% Bonds is expected to be paid at the time of lot or home closings As units or homes are sold and ownership is transferred to individual landowners, that portion of the special assessments that is represented by the sold units or homes may be paid off This ',,,.'ill include an amount representing the principal portion of the Series 1996 Bonds that the sold parcels are responsible for, in addition to any interest that has accrued. Mandatory Redemption The Bond Due November I, 2001, is subject to mandatory redemption in part by the District bv lot prior to their scheduled maturity t?om monies in the 1996 Sinking Fund Account established under the h'~dcnture in satisthction or'applicable Amortization Installments at the Redemption Price or' 100% ofthe principal amount thereof, without premium, plus accrued interest to the Redemption Date. on May I ofthe years and in the principal amounts set tbrth below November I of the Year .-\mount 1990 S525.[00 2000 555.600 2001 14,105,000 515, !85,000 Optional Redemption The IC396 Bonds are not subject to optional redemption prior to maturity -12- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G NOTE 4 - BONDS PAYABLE (Continued) Bond Resolution The bond resolution and the trust indentures established certain accounts and determined the order in which certain revenues are to be deposited into these accounts as outlined in Section 502 of the Master Trust Indenture. Sinking Fund Reserve Account The 1996 Reserve Account is required to maintain a balance representing 10% of the outstanding 1996. Therefore. the account bnlance ,.,,'ill decrease as the outstanding principal balance is reduced7 At September 30. 1997. Reserve Account balance of $1,519.277 is included in the Debt Service Restricted Investment. NOTE 5 - TRANSACTIONS WITII DEVELOPER U.S. Home Corporation. the Developer. is the major builder within the District and reimburses the District lbr special assessment bonds through assessments. An amount ol $4,4.~4.74_, x,,',~ paid to the District by U.S. l{ome as of September 30. 1997 for assessments. NOTE 6 - MANAGEblENT AGREENIENT The District has executed an agreement dated October 21. 1996 with a n~anagement company to pcrtbrm management advisory services which inclt,de financial and accountin,.z advisor'v services Under ibc agreement, the District compensates the management companv tbr st,ch expenses as travel, express mail. research. ;vord processing, long distance telephone, postaec, photocopying. courier. ~md computer -..' · St2 r`. ICtcS. NOTE 7 - I)EVELOI'EI,I AGREENIENT The District paid the Developer. U.S. Home. $I1.211.000 in accordance xx ith the dated agrecmen: December 1 I. It)t)6. The pnymcnt is tbr actt,al cost oI'constrt,cting improvements. NOTE 8 - F{;NI)IN(; A(;I,IEE3IENT The De`.'eloper agrees to make available to the District thc moneys necessary lbr the operation of the District. The i'hnds shall be placed in the Districts General checkiu,., account...\s of September 30. 1997 the District has received $75.331 from ILS. l{ome lbr District operations. I I III II II IIII I II IIIIII IIIIII I II I I · iii lll,i ,, NAPLES ItERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PI.:RPOSE FINANCIAL STATEMENTS 16G NOTE 9- CONS'FRUCTION FUND RESERVE AGREEMENT The Developer has executed an agreement with the District for construction and maintenance of Phase Il. The agreement calls for a reserve fund in the amount of 10% of approved costs. At September 30. 1997. the balance in the Construction Fund Reserve is $89.950 and is included in restricted investments in the Capital Projects Fund. -14- OTIIER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA .(.'F]RTIFIEI) PI'Itl.I(' A('('¢)I N'I'.~.N'r% A I'ARI'NER.~IIIP OF I'ROFE.~SI(}NAI. AS.~( X '[.VI'ION~ 240 ~. PAI,MEI'T() PARK ROAD, SUITE 3OO. BO('A R.&'I'(}N, FI.ORIDA TEI,EPIIONE (561)367.1040 FAX 16G '~IE.MIII.'.R ¢)E rile ~klERI('AN INSTFFI=f~7 OE ('ER Fl ~lEI) PUBI4(' 1 INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROl. STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE s, VITil (/OVERNAIENT,4UDITING STANI)ARDS Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples Heritaue Community Development District (the "District") as of'and for the .',,ear ended September 30. '~ 997 and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and (;orernment Auditing Stan~hn'dv, issued by the Comptroller General ofthe United States. Those standards require that we plan and per/brm the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the District is responsible tbr establishing and maintaining an internal control structure. In thlfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide manauement with reasonable, but not absolute, assurance that assets are safeguarded asainst loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance wi:h genes'all~: accepted accounting principles. Because of inherent limitations in any internal controls structure. errors or irregularities may nevertheless occur and not be detected. Also, projection of an3' evaluation of the structure to fiature periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness ot'the design and operation of policies and procedures may deteriorate. -16- 1 INDEPENDENT AUDITOR'S REI'ORT ON TIlE INTERNAL CONTROL STRUCTURE BASEl) ON AN AUDIT OF GENEIL.\L PURPOSE FINANCIAL STATEMENTS PERFORMEI) IN ACCORi)ANCE WIT}I GO I 'ERNMENT,.I UDI TING S T,.I.,VD,,! RDS 6G l in planning and perforating our audit ofthe general purpose financial statements of the District for the year ended September 30. 1q97. we obtained an understanding of thc internal control structure. With respect to the internal control structure, we obtained m't understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to deternfine our auditing procedures tbr the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control structure. Accordint~lv we do not express such an opinion. ~ - ' Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material wea'knesses under standards established by' the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more ofthe specific internal control structure elements does not reduce to a relatively Iow level the risk that errors or irregularities, in amounts that would be material in relation to the general purpose financial statements being audited, may occur and not be detected within a timely period by employees in the normal course c,f performing their assigned functions. We noted no matters involving the internal control structure anti its operation that we consider to be material weaknesses as defined above. This report is intended solely for the Board of Supe~'isors. the District's management, the Auditor General of the State of Florida and other state anti federal audit agencies, t lowc,.'er, this report is a matter of public record anti its distribution is not limited. Boca Raton. Florida JanuaD' 14. 1998 -17- DASZKAL, BOLTON & MANELA (..'ER'I'IFI El) PI'III,If' ..%¢'i 'OI '~TAN'F.~ PAR rN'ER.,ilIIP f)F PROFE.'i,~IONAI, A.'4~(X 'IATI¢)~.'~ I'.hI,MEI"F¢) PARK ROAI), SI'ITE JOO. B()('.~ R.VI'ON, f'I.()RIDA ,;3432 TEI.EPIIONE (561L367.11LIO FAX 16G · I£F~'REY ,L BOI,fON. ('PA. I'.A. MllTll,t EL L DA.~7,1(,~ I, ('PA. I'.A. ROBERT A. ,MANEI,~. C?A. P.A. TIMOTIIY R. DF. VI .IN, CPA, P.A. ME.MIIER OF Tile AMERICAN INSTITI TE ('ER fl~q~tl} I'UBIJC A('COI 'NTA.'~-I S INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT A UDITING STANDARDS Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of the Naples Heritage Community Development District (the "District") as &and for the year ended September 30, 1997 and have issued our report thereon dated January' 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and Government Att~iqtittg ,¥ttm~h,'d.~', issued by the Comptroller General of' the United States and Sec;ion 11.45(3)(a)(4) of Florida Statutes. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance uAth laws, regulations and contracts applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the aeneral l~urpose financial statements are l?ee of material misstatement, we performed tests of the DistriCt's compliance with certain provisions oflaws, regulations and contracts. However, the objective of our audit or'the financial statements ,.vas not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under ( ;m'et'tmtett! Auditing Siandard~'. This report is intended solely for the Board of Supervisors, the District's management, the Auditor General of the State &Florida and other state and federal audit agencies. However, this report is a matter ofpublic record and its distribution is not limited. Boca Raton, Florida January 14, 1998 -18- DASZKAL, BOLTON & MANELA ('~RTIFI£D pI,'BLi~ 3CCOt'NTANT,~ A PARTNERSIIlP OF PROFESSIONAl, ASSOCIATIONs 241) W. PALMETTO I'ARK ROAD, .'il 'lie J00 · BOCA RATON. FI,ORID,~, .13432 TEI.EPIIONE (,e41L167.1040 FAX ($41)7.~,,0.3236 16G ,IEFFREY A. IIOI.TON. ('PA, I'.A. MICI L~,EI. I. DASZKAI. ('PA. P.,X. ROBERT A, Tl.'*'lOTll'f R. DEVIJN, CPA, ?.A. MEMBER OF TIlE A.M ERIC,~.~' LN~;1TI'I-FE 0 F (' ERTl I'q El) PUB IJC A('COt'N-rA.*Cl .~ 1 REPORT ON COMPLIANCE WITH CERTAIN BOND TERMS, COVENANTS, PROVISIONS AND CONDITIONS Board of Supervisors Naples Heritage Community Development District Naples, Florida We have audited, in accordance with generally accepted auditing standards and Govenmwnt Auditing ,¥tandttrd¥. issued by the Comptroller General of the United States, the general purpose financial statements of Naples Heritage Community Development District (the "District"), as ofand for the year ended September 30, 1997 and have issued our report thereon dated January 14, 1998. In connection with our audit, nothing came to our attention that caused us to believe that there was an event of Default as defined by Section 902 of the authorizing resolution for the Special Assessment Revenue Bonds, Series 1996 insofar as they relate to accounting matters noted in .articles IV and V and Sections 808 and 809. However, our audit was not directed primarily toward obtaining knowledge ofsuch noncompliance. This report is intended solely for the use ofthe Naples Heritage Communitv. Development District, the Auditor General ofthe State of'Florida and other state and federal audit agencies and should not be used for any other purpose. However, this report is a matter of public record and its distribution is not limited. Boca Raton, Florida January 14. 1098 -19- I II IIII I MEMORANDUM Misc. Correspondence Agenda Date~ Agenda item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department May 15, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Lely Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Local Government Annual Financial Report Thank You. :~:~ecial~,pecial ': 16G I April 24, 1998 General Accounting Manager 2671 Airport Road, Court Plaza P.O. Box 413016 Naples, Florida 34112-3016 AItention: Mr. Derek Johnssen General Accounting Manager Subject: Lely Community Development District Fiscal Year 1997 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. Local Government Annual Financial Report. 2. There is no Management Letter, or Management Letter Comments. Our office has not received the General Purpose Financial Statements for the year ended September 30, 1997. As soon as we are in receipt of same, we will forward them to you. If you have any questions or require any additional information, please contact me. Yours sincerely, LELY COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Accounting RGW/Ids Enclosures E ..~ Iu ~.~ - i LU _ut:_ -- ."~':l ...... , ,/~ .- ~' ~ ~ ~. ~ ~ ~ ~ /~ I 8 I O~~ E~> ~ >~ ~ ~ o o~~ ~ ~ O ~ -- o FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1 (D (~ 1996-97 LELY COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER' 896 REPORTING FUND GROUP: GENERAL FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only Account No. ,,Description Amount Interest Earnincjs Special Assessments Other Miscellaneous Revenues 361.000 363.100 369.000 $22.878 947.797 38,015 $1.008.690 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed, (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 LELY COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: GENERAL FUND 896 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object ,Description 10 10 30 3O 511 512 513 514 517 517 517 519 539 539 541 .Supervisor Fees Manacjement Fees Financial and Administrative Whole Dollars Only Amount $8.000 32.000 16,050 Le~alFees 1,537 60 71 ,Capital Outlay 5,487 Debt Service Payment-Principal 72 Debt Service Payment-Interest 30 Other General Governmental Services 10 Other Physical Environment-Personnel Services 49.498 8,550 47,445 443.991 393.547 44,175 30 Other Physical Environment-Operatincj Expenses 3O Road and Street Facilities TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed, FORM DBF-AA-403 Rev. 10/9/97) $1,048,280 REPORTING ENTITY: REPORTING FUND GROUP: FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 LELY COMMUNITY DEVELOPMENT DISTRICT ID NUMBER: DEBT SERVICE FUNDS 894 1 REVENUES AND OTHER CREDITS (311.000 THROUGH 390,000) Account No. ,Description 361,000 Interest Earnin~]s 363,100 ,Special Assessments 384.000 Debt Proceeds Whole Dollars Only Amount $367,875 4,265,644 374,767 $5,008,286 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev. 10/9/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 LELY COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: DEBT SERVICE FUNDS 166 1 896 EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object 517 71 517 72 Description _Principal Debt Retirement Interest Expense Whole Dollars Only Amount $1,415.000 3,.~65,925 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 Rev. 10/9/97) 2 $4,780.925 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES ]. (D ~ 1996-97 LELY COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: 896 REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS REVENUES AND OTHER CREDITS (311,000 THROUGH 390.000) Whole Dollars Only Account No. Description Amount 361,000 Interest Earnincjs $6.718 TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (continued) FORM DBF-AA-403 (Rev, 10/9/97) $6,718 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 LELY COMMUNITY REPORTING ENTITY: DEVELOPMENT DISTRICT ID NUMBER: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object ,Description 517 60 Capital Outlay 16G 1 89G Whole Dollars Only Amount $12,465 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA..403 Rev. 10/9/97) $12,465 memorandum Date: 5/15/98 To: From: Sue Filson Administrative Assistanc'BCC Robert W. Byrne, CMA {~ General O~'mtions Manager Clerk's Finance l)cpartmcnt RE: Board o£('ounty Ce, mtr, issioners Disbursements Please find enclosed the disbursements Ibr the Board of County Conmfissitmers for the period February 23 fl~rot,gh Febn,ary 27. 1998. In accordance with Florida Statutes, Chapter 136.00{ 1 ). ~ve would request fha! these reports be itlchlded as miscellaneous correspondence to tile Board of ('otlllly Cotllnlissiollers and made part of the record. If you have any qt,cstions regarding tins mauer, please telephone me ut 774-8481. Thank yof For your cooperation. RWI! AttachlllelltS Misc. Cortes: / / Cop~es 1o: !66 memomndmn Date: 5,18 98 To: From: Sue ,,\dmmistrative Assistant IIC(' Roberl W. Byrne, CMA General Operations ManagerClerk's Finance Dcpartment RE: Board of County Commissioners l)isln~rscmems Please f'ir~d enclosed the disbursements lbr the I:loard t)fCountv ('m'nmissioncrs through April 10, 1998. itl accordance with Florida Statutes, Chapter 136.06(I}. we would request that Iht:se reports be included as miscellaneous correspondence Io I}le Board of County Commissimmrs and made part uf tile record. ' If you have any questions regarding this matter, plevse lelephonc me at 774-S481. '1 hank you ii,r your cooperation. · RWB Attachments BCC VENDOR MANUAL WARRANT LOG DATE NAME 419198 CITY OF MARCO ISLAND 419198 NATION AIR 4110198 CIRCUIT CITY AMOUNT CHECK # 744,247.69 454279 67,700.00 454280 149.99 454281 REASON MSTU BALANCES COPTER INSURANCE CTY ATTY VCR