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Backup Documents 05/19/1998 R
BCC REGUI,AR HEETI. NG OF PlAY 19, 1998 NapLes Daily News NapLes! FL 33940 Affidavit of PubLication Naples Daily News BOARD OF COUNTY COHHISSIONERS AITN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 8004~0 57693113 NOTICE OF PUBLIC HER State of Florida County 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 Daily News, e daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising wes 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 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/17 AD SPACE: 53.000 INCH FILED ON: 05/18/98 0120 ,or oF ~ELmrlti$ PUBLIC MEETING BOARD OF COUNTY COMMISSIONER S~ COLLIER COUNT Y, FLORIDA Tuesdov, May 1 g, 19~'J 9 A.M. Notice Is hereby given that tt~ Collier Courth/ Boord of County Commis- sioners will meet In the Boord's Chambers o~ the Third Floor of the Admln- IstrcrHon Building (Building F) at the Collier Counf~ Government Complex, Noples, Florida, i'D con- duct the business of Col- lier County crt the obove slated t me and date. Cooles of the agenda for sold meeting will be mode avatioble to the press ond may be ob- ~olned crt the otflce of the County Administrator, some Ioccrtlon, some peri- od of t!me. Any person who decid- es to appeol a decislo~ of this 13oord will need o re- coed of the proceedings J)herJa[nlng thereto, ond erefoee may need to en- sure thor o verbotim re- cord of the proceedings Is mode, which record In- cludes the testimony and evidence upon which the oPpeol is to be bae~ed. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk Mov 17 No. 1202600 Signature of Affiant Sworn to and Subscribed before me this ,' day of ; Personally known by me ,~,',~'".- ~ ~ :', .... ~-, I May ].9, 1998 NOTICE: o COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 19, 1998 9:00 a.m. ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITF24 MUST REGISTF~ PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH ~COUNTY ADMINISTRATOR PRIOR TO ~ PRESENTATION OF AGENDA IT~ TO BE ADDRESSED. REQUESTS TO ADDRESS ~{E BOARD ON SUBJECTS WHIC~ ARE N~P ON THIS AGET~DA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO TI~ COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR ~ ~ DATE OF ~ MEE"~ING AND WILL BE HEARD UNDER 'PUBLIC PETITIONS'. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF ~{IS BOARD WILL NEED A RECORD OF THE. PROCEEDINGS PERTAINING THI~R~, AND ~{EREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES ~q{E TESTI14ONY AND EVIDENCE UPON ~{I~{ '~ APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) M/NUTES UNLESS PFARMISSION FOR ADDITIONAL T1-M~ IS GRANTED BY T~{E CqLAI RMAN. ASSISTED I,ISTFLNING D~.%;ICES FOR qq{E HF2%RING IMPAIRED ARE AVAILABI,E IN 'IqlE COU~FY COMMISSIONERS' OFFICE. Lt;NCII RECESS SCI{EDULED FOR 12: 00 NOON 'l~D 1: 00 P.M. INVOCATION - Reverend James Lake, First United Methodist Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes - 5/0 APPROVAL OF MINUTES Approved as presented - 5/0 A. April 10, B. April 21, C. April 28, 1998 - Special meeting. 1998 - Regular meeting. 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclama[ion proclaiming ~he week of May 17-23, 1998 as Page 1 May 19, 1998 Emergency Medical Services Week. Flagg, Emergency Services. Adopted - 5/0 To be accepted by Chief Diane 2) Proclamation proclaiming Saturday, May 23, 1998 as Midnight Basketball Day. To be accepted by Keith Larson, Golden Gate Community Center Supervisor and Janice Elliott, Golden Gate Community Center Program Leader, II. Adopted - 5/0 3) Proclamation proclaiming May 19, 1998 as Rotary International Group Study Exchange Team Day. To be accepted by Philippines Group Study Exchange Team Members - Gabriel Evengelista, Team Leader & Retired Mechanical and Metallurgical Engineer; Marianne 0csio, Team Member & Medical Doctor specializing in Obstetrics; Gene Nisperc~, Team Member & Medical Doctor specializing in Community Medicine; Josette Balonga, Team Member and Training Officer & TQM Specialist; Loreidel Saura, Team Member & Television & Radio Host and George Drobinski, Representative for Rotary and incoming District Chairman for Group Study Exchange in this area. Adopted - 5/0 B. SERVICE AWARDS Presented 1) Martin Herrera - Road & Bridge - 5 years. 2) Michael Patten - Road & Bridge - 5 years. C. PRESENTATIONS 6. APPROVAL OF CL'FIRK'S REPORT A. ~ALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY AiIMINISTRATOR'S REPORT A. COMMUNITY DEVELOPME~I' & ENVIRONMENTAL SERVICES 1) Recommendation to the Board of County Commissioners with respect to the adoption of policies and procedures for summary agenda items and procedures for' presentations before the Board of County Commissioners and the Collier County Planning Comr, ission. Res. 98-167 w/changes - 5/0 B. PUBLIC WORKS Moved to Item 16(B)7 Page 2 May 19, 1998 1) Recommended speed limit changes for the roadways in the Gulf Harbor Subdivision. Added 2) Review of Gateway Triangle Stormwater Master Plan and recommendations to implement alternatives. Approval of Items 1-4 as indicated in the Executive S,mma ,fy; staff to return with cost feasible plan; and staff to investigate public's interest in MSTU - 4/1 (Commissioner Constantine opposed). 3) Approve an amendment to Section 4 of' the Construction Agreement for Contract No. 97-2771, Removal of Non-Specification Material from the Naples Beach and authorize suspension of the contract time until the end of the sea turtle nesting season. Approved - 5/0 C. PUBLIC SERVICES Added 1) Parking fees at Tigertail for Marco Sports Festival Fees not Waived; Marco Island YMCA authorized to pay parking fees for Marco Sports Festival - 5/0 D. SUPPORT SERVICES 1) This item deleted. 2) Authorization to Adopt a "Special Service Charge" as Allowed in Section 119.07, F.S. to Pay for the Provision of Information Regarding Special Assessments, Financed Water and Sewer Impact Fees, and Water and Sewer Charges. Res. 98-168 - Adopted - 5/0 Moved from Item 16(D) 6 6) Interlocal Agreement between Collier County and the Dependent & Independent Fire Districts for Basic Medical Training for Firefighters. Continued to 5/26/98 and to be brough back as a Consent AGenda Item - 5/0 E. COUNTY ADMINISTRATOR Moved from Item 16(E)2 1) Approval to procure grant writing services through a cooperative purchasing arrangement. Approved with Griffin Grant Writing & Consulting, Inc. - 4/1 (Commissioner Constantine Opposed) F. AIRPORT AUTHORITY Page 3 May 19, 1998 COUNTY ATTORNEY' S REPORT Discussion pertaining to Resolution 95-632 and Isle of Capri Fire & Rescue Advisory Committee - County to provide re{mbursement, not up front payment - 4/1 (Commissioner Norris opposed) 10. BOARD OF COUNTY COMMISSIONERS Added A. Discussion re Everglades Legislation BCC to forward letter to Governor Chiles urging opposition to House Bills 4141 and 4071 - 5/0 11. OTHER ITEMS A. ~ CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Dr. Fay Biles invited Commissioners to MITA meeting at Mackle Park this evening at 7:30 P.M. re public safety cross training of fire and police 2. Mary Dunivan regarding Everglades Legislation PUBLIC HEARINGS WILL BE HEARD IMMEDIATR~ FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMEA]I)MENTS B. ZONING A~fENTD~4ENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OT~RR 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Con~issioner Hancock regarding Summer Recreation Activities 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and actioD will be taken by one motion without Page 4 May 19, 1998 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 A. COMMUNITY DEVELOPMENT & ENVIRONMqZNTAL SERVICEg 1) Board approval of a Budget Amendment recognizing positive carry forward variance in the Pollution Control Fund (114). In the amount of $108,230 2) Assignment Agreement for easement for Pelican Marsh, UPit 16. 3 Lien Resolutzon - Code Enforcement Case No. 70502-091- Record Owner - Claude E. LaRue Res. 98-137 4 Lien Resolution - Code Enforcement Case No. 71009-072- Record Owner - Kelly Ann Mohn & James O. Mohn II Res. 98-138 5 Lien Resolution - Code Enforcement Case No. 80122-060 - Record Owner - Marieta Alonso Res. 98-139 6 Lien Resolution - Code Enforcement Case No. 70528-053 - Record Owner - Jorge & Angela Ramos Res. 98-140 7 Lien Resolution - Code Enforcement Case No. 70915-021- Record Owner - Felix Lerch Family Trust Res. 98-141 8 Lien Resolution - Code Enforcement Case No. 70912-011 - Record Owner - Doris G. Hathaway & Marlene V. York Res. 98-142 9 Lien Resolution - Code Enforcement Case No. 71015-040 - Record Owner - Thomas Walsh Res. 98-143 10) Lien Resolutzon - Code Enforcement Case No. 70917-004 - Record Owner - EMC Holdings Inc. Res. 98-144 11) Lien Resolution - Code Enforcement~Case No. 70918-057 - Record Owner - Daniels, Phleany/J Brown & Brown, Jennifer Res. 98-145 12) Lien Resolution - Code Enforcement Case No. 70919-034 - Page 5 May 19, 1998 Record Owner Luis Vazquez Perez Res. 98-146 13) Lien Resolution- Code Enforcement Case No. 70919-038 - Record Owner Etzer Lalanne Res. 98-147 14) Lien Resolution - Code Enforcement Case No Record Owner - Oviedo Silvas Res. 98-148 70923-010 - 15) Lien Resolution - Code Enforcement Case No Record Owner - Fleet Mortgage Corp Res. 98-149 70923-034 - 16) Lien Resolution - Code Enforcement Case No 71001-084 - Record Owner - Aylin C. Tamayo Res. 98-150 17) Lien Resolution - Code Enforcement Case No Record Owner - Carol Grant Res. 98-151 71006-012 - 18) Lien Resolution - Code Enforcement Case No Record Owner - Lloyd Sheehan Res. 98-152 71010-024 - 19) Lien Resolution - Code Enforcement Case No Record Owner - Guy J. Iarussi ET UX Res. 98-153 71010-028 - 20) Lien Resolution - Code Enforcement Case No Record Owner - William D. Collins III Res. 98-154 71010-068 - 21) Lien Resolution - Code Enforcement Case No. 71014-030 - Record Owner - Thomas J & Lori Maney JR Res. 98-155 22) Lien Resolution - Code Enforcement Case No. 71016-070 - Record Owner - DiMarco & DiMarco Inc. Res. 98-156 23) Lien Resolution - Code Enforcement Case No. 71021-125 - Record Owner - Boris & Emogene L. Pukay Res. 98-157 24) Lien Resolution - Code Enforcement Case No. 71030-123 - Record Owner - Sunbrella Homes Res. 98-158 Page 6 May 19, 1998 o 25) Lien Resolution - Code Enforcement Case No. 71030-159 - Record Owner - Ram Ventures % Facooneer Tile & Marble Res. 98-159 26) Lien Resolutzon - Code Enforcement Case No. 71103-091 Record Owner - Anne Leterme % Josef Van Putte Res. 98-160 27) Lien Resolutzon - Code Enforcement Case No. 71121-014 - Record Owner - Marion L. Johnson Res. 98-161 28) Lien Resolutzon - Code Enforcement Case No. 71124-047 - Record Owner - Beverly Ann Coleman Res. 98-162 29) Lien Resolution - Code Enforcement Case No. 71210-009 - Record Owner - Nathaniel & Charlie Mae Gray Est Res. 98-163 30) Lien resolution- Code Enforcement Case No. 71215-079 - Record Owner - Robert J & Leslie K Fredrickson Res. 98-164 31) Request to approve for recording the final plat of "Pelican Lake RV Resort, Phase Four", and approval of the Performance Security. w/Construction, Maintenance and Escrow AGreement and stipulations as detailed in the Executive Summary 32) Request to approve for recording the final plat of "Pelican Lake RV Resort, Phase Three", and approval of the Performance Security. w/Construction, Maintenance and Escrow AGreement and stipulations as detailed in the Executive Summary PUBLIC I,/ORKS 1) Approve a Consent Order with the South Florida Water Management District (SFWMD) for permitted encroachments into the Cocohatchee Canal. 2) This item has been deleted. 3) This item has been deleted. 4) Approval to renew Contract #95-2430 for Engineering Services, Bridge and Structure Repairs. w/Kissinger, Campo and Associates Corporation 5) Adopt a Resolution authorizing the acquisition of road Page 7 May 19, 1998 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary construction easements and/or fee simple title for the North Naples Roadway Municipal Service Taxing and Benefit Unit (Livingston Road) from Immokalee Road (C.R. 846) to the Lee/Collier County Line, CIE Project No. 021. Res. 98-165 6) Acceptance of a permanent drainage easement from Sonmar of Naples, L.L.C. to replace a temporary drainage easement. Moved from Item 8(B) l 7) Recommended speed limit changes for the roadways in the Gulf Harbor Subdivision. Res. 98-166 C. PUBLIC SERVICES D. SUPPORT SERVICES i) Convert Emergency Management Technician (Permanent, Part- Time) to Full-Time Emergency Management Position with Full Benefits. Continued to June 2, 1998 2) 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. 3) To Authorize the Board Chairman to Sign a Memorandum of Understanding for a Summer Youth Program. w/Workforce Council of Southwest Florida 4) Recognize Revenue and Expenses Retired and Senior volunteer Program Fund (116). 5) Appropriate Carry Forward in the Retired and Senior Volunteer Program Fund (116). Moved to Item 8(D) 3 6) Interlocal Agreement between Collier County and the Dependent & Independent Fire Districts for Basic Medical Training for Firefighters. 7) Addendum to Cooperative Agreement with the Department of Agriculture and Consumer Services Division of Forestry and Collier County for Fire Protection. 8) Approval of a Budget Amen~ent for Emergency Modifications and Additions to Existing Main Campus Chiller Plant. Page 8 May 19, 1998 E. COUNTY ADMINISTRATOR 1) Budget Amendment Report BA 98-221 Moved to Item 8(E)l 2) Approval to procure grant writing services through a cooperative purchasing arrangement. w/Griffin Grant Writing & Consulting, Inc. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 1) Approve retention of outside counsel for the Collier County Code Enforcement Board members and a county employee in the case of James K. Keiser and Southern Exposure of Naples, Inc. v. Collier County, et al. J. AIRPORT AUTHORITY 17. ADJOURN Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MA Y 19~ 1998 (tDD: ITEM 8(B)(3) - APPROVE AN AMENDMENT OT SECTION 4 OF THE CONSTRUCTION AGREEMENT FOR CONTRACT NO. 97-2771; REMOVAL OF NON- SPECIFICATION MATERIAL FROM THE NAPLES BEACH AND AUTHORIZE SUSPENSION OF THE CONTRACT TIME UNTIL TtlE END OF THE SEA TURTLE NESTING SEASON. (STAFF'S REQUEST). MOVE: ITEM 8(B)(1) TO 16(B)(8) . RECOMMEND SPEED LIMIT CHANGES FOR THE ROADWAYS IN THE GULF HARBOR SUBDIVISION. (STAFF'S REQUEST). MOVE: ITEM 16(D)(6) TO 8(D)(3) - INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE DEPENDENT & INDEPENDENT FIRE DISTRICTS FOR BASIC MEDICAL TRAINING FOR FIREFIGHTEtLg. (COMMISSIONER NORRIS). MOVE: ITEM 16(E)(2) TO 8(EJ(lJ . APPROVAL TO PROCURE GRANT WRITING SERVICES THROUGH A COOPERATIVE PURCHASING ARRANGEMENT. (STAFF'S REQUEST). CONTINUE TO JUNE 2, 1998 MEETING: ITEM I6(D)(2) AWARD A CONTRACT TO CANDITO MANAGEMENT GROUP, INC, FOR FOOD AND BEVERAGE CONCESSION AT THE MAIN GOVERNMENT COMPLEX AND TO TERMINATE TttE AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF BLIND SERVICES. (COM3IISSIONER CONSTANTINE). PROCLAM~A TION 5A! mm4 WtIEREAS, Emergency Medical Services Department Paramedic's and E.M.T. 's provide medical care to victims of sudden life.threatening injuries and illnesses, often under stresyul conditions and in high-risk situations, lo save the lives of others: and WtlEREAS, Emergency Medical Services prqfessionals must rapidly assess, manage, and effectively provide care in unpredictable situations requiring l!fe and death judgments; and WtlEREA S, Emergency Medical Sen,ices prqfessionals are qften the.first contact many resklents and visitors to Na~les/Coi~ier County have with the health care system, e~tco~tOn.-~sea~ent, t, revention, and refi~rral ,e~i~*'tn'addifion to their emer~' a~t~vitie,> and ~ WtlEREAS, Ih$~}M~bhts and visitors qf COOi~ CounW'be~fit'mt¢pom the effi~rts of S~il~d P~ramediciand emergen* nwdlcd technici~.and WHEREAS, tt ts critical that' the general'pubJid be made ~ware of'understand, support and q~bt~8~ useYts local emergency medlcal semices ~Stem; and WHEREA& reco~ltlon Is due to all emergency medical se~ide~O~ssiona& for their ~ow rne~eron~. ~ ,t proalat~ed by th~ BO~db{~{~,¢ Commissioners of Collier Co..v, moriaa, that gO' ~ 7-2S,"1~9~ 3e a~,g..tea ~ EMERGENCY MEDICAL SERVICES WEEK DONE AND ORDERED TtilS 19th Day of May, 1998. BOARD (.)F COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA pROCLAMATiON IVHEREA& WHEREA& WHEREAS, I VILER EA S, WtlEREA& WHEREA& WHEREAS, WItEREA& IVttEREAS, NO IV THEREFOR~L:t Coun on May 2, 1996, the Golden Gate Community Center openea itx doors on Saturday e venings from 9.'00 p.m. - Midnight for at-risk youth and aduhs, men and women, ages thirteen and up, to watch and play basketball in a new program known as "Midnight Basketball of Southwest Florida "; and Midnight Basketball is a cooperative partnership with the Collier County Parks and Recreation Department and the Collier County Sheriff's Department; and this program offers at-risk youth a safe haven and an alternative to the streets on Saturday nights; and an average of seventy to one hundred at-risk youth anti aduhs faithfully play basketball each week; and the Sheriffs Department recognizes a correlation between the Midnight Basketball program and the reduction of youth-related crime and arrests on 6'aturday evenings in the Golden Gate area over the last two years; and Midnight Basketball alsbp~og~.; that ~artnerships with the private ~ector bene it tire commun!ty.a~ FoPd Motor Co~a~ ~d lhe C oot Crntsers Club of Naple~fi donated $1~ two ),ears; and thes~ ~ive local at-rlsk youth bn o~rlunl~ iO see NBA basketball rewar~ earned for outstanding b~o~ in the communio,' and ~al ~uth ba~kttball tot~n~eh~; a~d : r a~0 paid for a ne w atat{-ofthe,art scorb~o~d utilized each 19~8, tho Golden Gate C~mmuntO, Center fnh'tes eveo,one to ~e /¢6.)~m succe,t, of the Midnight Bas~tball~a~am with a ,, the Board of Counw COmm~Moners of Collier Saturday,~M~ 23. 1998 be DONE AND ORDERED THIS 19th Day 6f. Ma~?1998. BOA RD OF CO UNTY COMMISSIONERS COLLIER COUNTE FLORIDA PROCLAMATION WIIEREAS, WIIEREAS, WtlEREA$, WHEREA& WHER '------~S, NOW THEREFORE, be it County, we welcome the Rotary International Group Study Exchange Team.from Rotary International District 3870 Philippines to Collier Cottnty, Florida: and the Rotary Fotmdalion of Rotary International Group Study Exchange Program, har sent to us a team of five professionals who are visiting Collier Cottnty to study our irt~titution.~ and ways of life; and the team members will also observe the practice of their own professions and exchange ideas; and the team is able to personally experience family lifeso,les as they are hosted by Rota,'y Clubs of Collier Cbunty and given accommodations in local homes: and the Rotary Foundation is a nonprofit corporation supported by Rotarians and others worldwide. Its objective is the achievement of world understanding and peace through international humanitarian and educational programs. Commissioners of Collier ROTAR DONE AND RESOLUTION 98- 167 A RESOLUTION ESTABI,ISItlNG PROCEDURES FOR PRESENTATIONS AND PUBLIC COMMENT BEFORE Tilt:, BOARD OF COUNTY COMMISSIONERS AND TIlE COLLIER COUNTY PLANNING COMMISSION. WIIEREAS, tim Collier County Board of Commissioners (Board), as Ibc duly cie(lcd governing body for Collier County, holds regularly scheduled public hearings to discuss, review and act upon items of concern to and affecling thc residents of Collier County; and WHEREAS, thc Collier County Planning Commission (CCPC), sc~,ing as the local planning agency and the land development regulation commission as required by F.S. §§ 163.3174 ;md 163.3194, holds regularly scheduled public hearings to discuss. rcvicw, act upon and make recommendations to tile Board relative to items orconccm to and affecting Iht residents of Collier County; and WIIEREAS. included in these il(ms may be advertised public hearings ora quasi- judicial or legislative nature; and WttEREAS, the public may wish to comment on th(se items scheduled for consideration before the Board or thc CCPC; and WIIEREAS, in order to maintain, equity, decorum and order at th(sc regularly scheduled public bearings, it is necessary to establish standard procedures for presentations and public comment bcf'ore Ihe Board and Ih( CCPC; and WIIEREAS, the Board has pr(pared these roles in an attempt to encourage public participation during advcrliscd public hearings, including quasi-judicial hearings, in a manner consistent with tile requirements of lax,,'. NOW, THEREFORE BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commission(rs dc(lares that the procedures set forth, attached hereto, and incorporated by rc£ercncc herein as Exhibit A, applicable to tile Board and the Collier County Planning Commission as stated in said Exhibit. are lair and reasonable, and arc hereby adopted. BE IT FURTItER RESOLVED that this Resolution relating to procedures For Board and CCPC presentations and public comment be recorded in the minutes oF this Board. This Resolution adopted aflcr motion, second and majority vote favoring same. Done this . ,,/,~ day of /..~?5,e_.,_t,._ _ , 1998. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA / Atiest as to .... · '.signature only. "Approved as to form and legal sufficiency: David C. weige~, Cou~ly Attorney Exhibit "A" Procedures for Presentations before the Collier County Board of Commissioners and as Applicable to the Collier County Planninlg Commission mo Public Comment on General Topics: Mcmbcrs of the public may register to speak on general topics tinder the Public Comment portion of the Board of County Commissioner's (Board) agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. .Speaker Registration: Individuals wishing to speak to the Board under public comment at any regularly scheduled meeting of the Board of County Commissioners shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. II. Time Limits: a) Public Comment: 1. Maximum 5 minutes per speaker. Public Petitions: Public Petitions are limited to a single speaker. In general, the Board will not take action on public petition items on the day thc petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Administrator may defer scheduling a public petition for a reasonable period of time in order to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Registration: Individuals wishing to make a public petition to the Board of County Commissioners shall present such a request in writing to the County Administrator a minimum of 13 days prior to thc Board meeting date on which the public petition is requested to be heard. The xwitten request shall include the name(s) and address(cs) of all petitioners, including a primary contact name, address and telephone number, and shall stale the nature of thc petition, including any exhibits and/or back up material which may be pertinent to thc petition. II. Time l,imits: Maximum I0 minutes per speaker. Advertised Public Hearings: For procedural purposes, advertised public hearings fall into two categories: those which arc quasi~judicial in nature; and other types of advcrlised public hearings, including Ihose which arc legislative in nature. i. Quasi-Judici:fi l~ublic l learinus: a) b) C) Purpose and Intent: Thc Board has prepared these rules in an attempt to encourage public participation during quasi-.judicial hearings in a manner consistent with the requirements of law. As part of that cflbrt and within thc confines of the laxv, the Board intends its hearings to be informal while recognizing thc need for certain structure to maintain orderly hearings. Not~vithstanding tile procedures established by resolution, the Board may modi fy these procedures to effectuate lhc effective presentation of evidence. A_~pplicahility of these Procedures: (I) Quasi-.ludicial I'rocccdings. These procedures apply to all quasi-judicial proceedings heard by the Board and thc CCI'C regardless of thc capacity in which the Board is sitting. Quasi-Judicial actions concern the implementation of policy, which has already been set, and affording thc Board, and in some instances thc CCPC, limited discretion in deciding whether to approve or deny a land usc permit. These include land usc actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where thc decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include hut arc not limited to: site specific rezonings (provided they invoh, e policy implementation); development of regional impact hearings: conditional use permits; variances: boat dock extension petitions; and administrative appeals. (2) I,cgislativc Proceedings. Utilization of these procedures by the Board or thc CCPC when sitting in a legislative capacity does not change thc character of thc legislative proceeding nor docs it confer any additional rights or remedies upon any person or party. Prc-I Icaring Submittals: (I) Application. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures cslablishcd flit thc individual decision being requested. (2) StaflTAt~cncy Recommendation. To the extent that the applicable procedure requires a stalT review and written recommendation to be presented to thc Board, such written recommendation shall be completed and available for public inspection no later than ten calendar days prior to tile hearing before the Board. (3) Wrilten Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit any written arguments, evidence, explanations, studies, reports. petitions or other documenlation to staff for intended consideration by the Board in support of or in opposition to thc application. In order to be included in a Board or CCPC Agenda packet, any xwittcn arguments. evidence, explanations, stud/cs, reports, petitions or other documentation must be submitted to thc appropriate staff no later than three weeks prior to the scheduled hearing before the respective body. All xwittcn III d) submissions, not including pictorial displays ('maps, graphs and the like) must be on 8-1/2 x I l-inch paper. No xwitten materials wilt be accepted by the Board at its hearing unless, at thc Board's discretion, acceptance is necessary to decide the issue. Written comments submitted shall be considered and entered into thc record of thc meeting in accordance with subsection C. I. d)(4) below. Public Hearings before the Board or the CCPC: General. It is the cxpcctation that the hearing will bc informal. Ail members of the public who address thc Board or thc CCPC shall utilize the speaker's podium to allow their comments to be recorded. Each speaker shall state his or her name and address for the record. Additionally, speakers shall indicate whether they are speaking on behalf of themselves or others. (a) Time I.imitation Guidelines. it is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions and comments to be completed within the prescribed time limits: Staff shall be responsible for presenting the case on behalf of Collier County and shall limit their presentations to twenty (20) minutes. Thc applicant shall prcscnt his or hcr cntirc case in twenty (20) minutes. Expert witnesses shall be limited to ten (10) minutes each. Persons who have been author/zed to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. All other persons may speak tbr a maximum of five (5) minutes each. No spcakcr may give his or her time to any other speaker. At the discretion of the Chairman, the time allo~ved for any speaker may be extended. (b) Registration of Speakers. Persons who desire to speak on an item shall, prior to the item being called to be heard by the Chairman, register w/th the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point o£ view, as 8Al (2) proponents or opponents on any item may be requested to select a spokespcrson. Order and Subicct of Appearance: To the extent possible, the following shall be thc ordcr of the proceeding: l_~rcliminary Statement. The Chairman shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure, which shall be followed. (h) Sworn Testimony. Thc applicant, staff, and all witnesses requesting to speak shall be collectively sworn. (c) Agreement with StaWs Recommendation. If the applicant or agent of the applicant agrees with staWs recommendation and wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to speak for or against the quasi-judicial agenda item, the Board may vote on the item based upon staWs presentation and the materials in thc agenda back-up. (d) Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. An applicant or appellant may ask questions of, or seek clarification from, staff by request through the Chairman at the time that party makes its initial presentation to the Board. (e) Applicant's Presentation. After staff presentation, the applicant(s) shall be allowed to make a presentation to the Board based on the time limitation guidelines outlined in the preceding subsection (d) (I) (a), above. During and after the applicants' presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from the applicant. The Board may also allow staff to comment, ask questions or seek clarification from the applicant(s) at this time. (0 Speakers. After Board and staff inquiry of thc applicant, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection (d) (I) (a), above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. (g) Staff Response and Summa~. The staff shall be allowed an opportunity for response to the presentations by the applicant, proponents and opponents and a summary with any changes in position 0lief consideration of relevant public comment. Proponents (3) and opponents who believe that thc staffrcsponse includes errors of fact or law may ask for and may be allowed an opportunity to point out such errors of fact or law. (h) Applicant's Rebuttal Presentation. Applicant's rebuttal shall be allowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be allowed an opportunity for rebuttal. Rebuttal shall be limited to five (5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. (~) Board and Staff Inquiry. After all presentations have been made as outlined above, the Board shall have a final opportunity to comment or ask questions. Thc Board may allow staff to respond to comments previously made at this time. (J) Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments, unless requested to do so by thc Board. (k) Closing of Public Comment. In those matters on which public comment is heard by the Board, the Chairman shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant information is being presented. No additional public comments shall be allowed, except in specific response to questions by members of thc Board. Miscellaneous Items: (a) Continuin.g Record/Speakers Qualifications. The Clerk to the Board ("Clerk") shall maintain a file with the most recent copies of resumes previously filed with the Clerk by county staff presenters. Ail other persons testifying on issues requiring educational, occupational and other experience who wish to be qualified as experts shall submit their qualifications in xwitten form for the Board's approval to speak as expert witnesses. (b) Organizational or Group Speakers. Prior to presenting his/her case, any person representing an organization or other persons shall indicate, in xvriting, the organization or group he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person i f ncccssary. (c) Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any Board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, thc Chairman, unless ovcmflcd by majority of thc Board members present, may restrict or terminate presentations which in the chairman's judgment are frivolous, unduly repetitive or out of order. (4) (d) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official, or representative thcrcol: to appear and make presentations at any time with regard to matters under consideration. (e) Continued l'ublic l tearings. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they can not be available to speak on lhe date to which thc public hearing is being continued. Such persons may make their comments at the current meeting: provided, however, that upon making their comments, such persons shall waive thc right to repeat or make substantially the same presentation at any subsequent mccting on the same subject, l'his waiver shall not preclude such persons from making different presentations based on new infon'nation or from offering response to other persons' presentation, il' otherwise allowable, at any subsequent meeting. The Record (a) Automatically Included in the Record: The folloxving documents shall automatically be included in the record of the hearing before the Board: (1) The record from any preliminary hearing, the agenda packet, the staff report, and thc transcript of the hearing before the Board: (2) Written comments and documents previously entered into thc record at a prior Board meeting on the particular matter. (b) Items Which Shall Be Placed in the Record: Any additional documents, exhibits, diagrams, petitions, letters or other materials presented in support of, or in opposition to, an item to be considered by the Board shall be entered into the record, as long as it was received by the Board's Clerk or the applicable Collier County department seven (7) days prior to the date of the hearing. II. a) b) (c) Additional Evidence. Except pursuant to subsection C) (3) above, Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shall not become part of the record. (d) (;ustodian. The ('lcrk shall be thc official custodian of thc record. (e) Exhibits. Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits should not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. Other Public I lcarings: Thc following rules apply lo advertised public hearings other than those which are quasi-judicial in nature, including those advertised public hearings which are legislative in nature. Pre-tlearing Submittals: Application. An applicant (as defined in the Collier County Land l)evelopment Code) shall make application as provided in the procedures established for the individual decision being requested. (2) Staff/Agency Recommendation. To the extent that the applicable procedure requires a staff' review and written recommendation to be presented to thc Board, that ~witten recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before thc Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any written arguments, evidence. explanations, studies, reports, petitions or other documentation to staff for intended consideration hy thc Board. All written submissions, not including pictorial displays (maps. graphs and the like) must be on 8-1/2 x 11-inch paper. Public t fearing: (l) General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further. any speaker speaking on bchalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary, record, it is expected that persons in the (2) following status will prepare their discussions and comments to be completed within the prescribed time limits: Staff shall be responsible for summarizing the item for the Board and shall limit such presentation to a maximum of twenty (20) minutes. For advertised public hearing items (other than those which arc quasi-judicial in nature), where there is an applicant other tban the Board of County Commissioners or staff, following the staff summary of the item the applicant will have an opportunity to make a maximum ( I 0) minute presentation. o Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in thc organization or group waive their time. All tither persons may speak for a maximum of five (5) minutes each. No speaker may give his or her time to any other speaker. At the discretion of the Chairman, the time allowed for any speaker may be extended (b) Speaker Registration. Persons, other than staff and the applicant (where applicable), wishing to speak on an advertised public hearing item shall, prior lo the item being heard, register with the County Administrator on the forms provided. Five (5) or more persons deemed by thc Board to be associated together or otherwise represent a common point of view, as proponents or opponents tin any item may be requested to select a spokesperson. Miscellaneous Items: (a) ()rganizational or (;roup Speakers. Prior to making his/her comments, any person representing an organization or other persons shall indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary,. (b) Restrictions on Comments Deemed Not Gcn'nane to the Item. Notwithstanding any provisions herein, any Board member may interrupt ancUor stop any presentation that discusses matlers that need not bc considered in deciding the matter then before the Board Ibr consideration. At any Board proceeding, the Chaim'mn, unless ovcmficd by majority of the Board members present, may Do restrict or terminate presentations ~vhich itl thc chairman's judgment arc frivolous, unduly repetitive or out of order. (c) l't,blic Officials. Notwithstanding other provisions hereof, thc Board may allow any elected or appointed public official or representative lhcreof, to appear and make presentations at any time with regard to matters under consideration. (d) Continued Public llearings. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, thc staff report may be abbreviated and public comment may be limited to those persons who state lhat they believe they cannot be available to speak on thc date to which thc public hearing is being continued. Such persons may make their comments at tile ct, went meeting; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. Other At~cnda Items Before thc Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. Registration: Persons wishing to speak on agenda items other than advertised public hearing items, public comment on general topics and public petition items, shall register to speak on thc form provided by the County prior to the item being called by the Chairman to be heard. II Time l.imits: Where thc Board has requested or other,vise authorized public input on agenda items other than public hearing, public comment on general topic, or public petitions items, speakers will be limited to a maximum of 5 minutes. I I I I I I I I I ! I I I ! i I Front the Desk of JOHN H.BOLDT, P.E. & P.L.S. Director. Collier County Stormwater Mgmt. Department 5115/98 COUNTY COMMISSIONERS COUNTY ADMINISTRATOR THE ATTACHED REPORT ON THE GATEWAY TRIANGLE STORMWATER MASTER PLAN WILL BE DISCUSSED UNDER AGENDA ITEM 8B.(2) AT THE 5/19 B.C.C. MEETING. JOHN BOLDT ~8B2~ 8B2'~ I I I I I I I I I I I! I I I ~8B2 '~ GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN FEBRUARY 1998 I I I I ! I I I I I I I I I I I I I I Table of Contents GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PLAN Executive Summary Section 1.0 Introduction ..................................... 1-1 1,1 Background and Purpose ...................... 1-1 1.2 Scope of Services ............................ 1-2 1.3 Study Area Description ........................ 1-2 Section 2.0 Data Collection and Evaluation 2,1 2.2 2.3 2.4 2.5 2.6 ...................... 2-1 Topography ................................. 2-1 Soils ....................................... 2-1 Land Use ................................... 2-1 Rainfall ..................................... 2-2 Aerial Photographs ........................... 2-2 Permitted Facilities ............................ 2-2 Section 3.0 Existing Conditions 3.1 3.2 3.3 3.4 Basin Descriptions ............................ 3-1 Existing Stormwater Management Systems ........ 3-3 Problem Areas ............................... 3-4 U,S. 41 Project ............................... 3-5 Section 4.0 Conceptual Alternatives ............................ 4-1 4.1 Introduction ................................. 4-1 4.2 Alternative No, 1 ........ ..................... 4-1 4.3 Alternative No. 2 ............................. 4-3 4.4 Alternative No. 3 ............................. 4-5 I I i ! I I I I I I I I I I I I I I '1 8B2 GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PLA N Section 5 Funding Alternatives .............................. 5-1 5.1 Project Description .... ........................ 5-1 5.2 Potential Funding Sources ...................... 5-2 5.3 Summary of Potential Funding Sources ........... 5-2 5.3.1 Regional Agencies ..................... 5-2 5.3.2 State Agencies ........................ 5-3 5.3.3 Federal Agencies ...................... 5-4 5.4 Detailed Description of Selected Federal Programs .. 5-5 5.4.1 Flood Plain Management ................ 5-5 5.4.2 Community Development Block Grants/ Small Cities Program (Small Cities) ...... 5-6 5.4.3 Sustainable Development Challenge Grants 5-8 Section 6 Recommendations ............................ 6-1 6.1 Implementation Plan ...................... 6-1 6.2 Funding Recommendations ................. 6-2 Appendix A Appendix B Soil Data Detailed Cost Estimates - Alternates No. 2 and No. 3 .-] List of Tables GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MAS TER PLAN Table 3-1 Drainage Basin and Subbasin Areas .............. 3-2 4-1 Alternative No. 2 - Conceptual Cost Estimate ....... 4-6 4-2 Runoff by Land Use ........................... 4-8 4-3 Storage Requirements ......................... 4-9 4-4 Alternative No. 3 ~ Conceptual Cost Estimate ....... 4-11 6-1 Recommended Implementation Plan for I I i I I I I I I ! ! I Alternatives No. 1 and No. 2 .................... 6-3 List of Figures Figures follow .................................... page number 1-1 2-1 2-2 2-3 2-4 3-1 3-2A 3-3A 4-1 4-2 Gateway Triangle Study Area ................... 1-1 Existing Land Use ............................ 2°3 Future Land Use ............................. 2-3 Average Monthly Rainfall Distribution ............. 2-3 On-Site Stormwater Systems .................... 2-4 Existing System Basins & Subbasins ............. 3-1 through 3-2G Photographs - Existing Stormwater System ........ 3-4 through 3-3H Photographs - December 14, 1997 ............... 3-4 Alternative No. 2 ............................. 4-3 Alternative No. 3 ............................. 4-7 III 11 ....... I i I I I I I I I i I I ! I I I I 6295h,~/EXE SUM ' 8B 2'"'~ GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN Executive Summary The Gateway Triangle Redevelopment Project included preparation of the Gateway Triangle Redevelopment Study, which included evaluation of economic development, land use and zoning, parking and circulation, transportation, infrastructure, community facilities, urban design, and neighborhood stability. The study was completed by the County's Planning Department and Design Studios West, a planning consultant. As part of the study, a series of workshops including the public and County staff were held at which drainage/flooding was identified as a concern. Camp Dresser & McKee Inc. (CDM) ,,vas retained by the Collier County Stormwater Management Department to provide a Conceptual Stormwater Master Plan to address drainage and flood control in the Gateway Triangle Redevelopment Area. The purpose of the Conceptual Master Plan is to present alternatives to improve the drainage level of service within the study area. Three conceptual alternatives for improving the drainage conditions in the Gateway "I"riangle were developed and evaluated. Altenmtive No. I consisted of increased maintenance to restore the existing stormwater management system to its design capacity. Alternative No. 2 included recommendations of capital projects to address specific problem areas based on the existing land use. Alternative No. 3 is based on the projected future land use and includes capital projects to provide an improved level of service (10-year, 24-hour storm event) throughout the area. Alternative No. I is recommended for immediate implementation. This ,,rill allow the system to provide the highest level of service utilizing existing facilities. This alternative requires additional annual maintenance and will be a continuing annual cost. The estimated annual maintenance cost is $137,000 annually; then $62,000 Ibr subsequent years. Alternative No. 2 can be implemented in phases to address problem areas. A discussion of the recommended phasing for these projects is provided below. The U.S. 41 storm drain modifications are also recommended for immediate implementation. Thc construction contractor can make these improvements as part of an on-going U.S. 41 widening project. A significant cost savings xvill be realized by making these improvements during the U.S. 41 widening project. The estimated cost for these projects is $21,500. I I I I I I I I I I I I I I I II1'111111 II ~ 6295hWEXESUM GA TEWA Y TRIANGLE C ONCEP TUA L S TORMWA TER MA S TER PLA N Improvements to the existing pond (Pond 1) should be considered a high priority project. Flooding in the vicinity of the pond is severe and is being worsened by the filling of the pond. The estimated project cost is $90,000, excluding property acquisition. A number of properties along Kirkwood Avenue and the properties fronting Davis Boulevard experience flooding. The Kirkwood Avenue improvements, new storage pond (Pond 2) and Kirkwood Avenue Extension improvements address flooding in this ,'u'ea and should be considered the next priority. The estimated cost for these projects is $515,000, excluding property acquisition. Of the two remaining projects, Pelton Avenue improvements (S 160,000) and the Linwood ditch extension, the Pelton Avenue project would benefit more people thus, it is recommended before Linwood ditch expansion. Other options to the Linwood ditch expansion include raising the low-lying home on Manorca Drive (565,000). Ahemative No. 3 is based on the future land use scenario. These projects should be implemented as the area is redeveloped. The estimated cost for Alternative No. 3 is SI .58 million in capital costs excluding property acquisition. I I I I I I I I I I I I I I I 6295~/EXESUM Zr2~'98 8B 2 GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MASTER PLAN Improvements to the existing pond (Pond 1) should be considered a high priority project. Flooding in the vicinity of the pond is severe and is being worsened by the filling of the pond. The estimated project cost is $90,000, excluding property acquisition. A number of properties along Kirkwood Avenue and the properties fronting Davis Boulevard experience flooding. The Kirkwood Avenue improvements, new storage pond (Pond 2) and Kirkwood Avenue Extension improvements address flooding in this ,area and should be considered the next priority. The estimated cost for these projects.is $515,000, excluding property acquisition. Of the two remaining projects, Pehon Avenue improvements (.5160,000) and the Linwood ditch extension, the Pelton Avenue project would benefit more people thus. it is recommended before Linwood ditch expansion. Other options to the Linwood ditch expansion include raising the low-lying home on Manorca Drive (565.000). Ahernative No. 3 is based on the future land use scenario. These projects should be implemented as the area is redevetoped. The estimated cost for :\hernative No. 3 is 51.58 million in capital costs excluding property acquisition. I I I I ! I I ! I I I I I I I ! ! 8B2 ,i GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN Section 1.0 Introduction 1.1 Background and Purpose In March 1997, Collier County Commissioner Pam Mac'Kie spearheaded an initiative to encourage redevelopment of the Gateway Triangle area, previously referred to as the Davis Triangle area. The Triangle area is so-named because it is considered a major gateway into the City of Naples. The Gateway Triangle Redevelopment Project has been started by Collier County to plan for improvements. According to the Gateway Triangle Redevelopment Study, the area has been suffering from stagnant property values and a poor image. Much of the area was developed before current development standards were adopted. The revitalization of the Gateway Triangle is tied to two road projects: expansion of U.S. 41 East by the Florida Department of Transportation and Collier County's Davis Boulevard median beautification project. The Gateway Triangle Redevelopment Project included preparation of the Gateway Triangle Redevelopment Study, which included evaluation of economic development, land use and zoning, parking and circulation, transportation, infrastructure, community facilities, urban design, and neighborhood stability.. The study ,,,,'as completed by the County's Planning Department and Design Studios West, a planning consultant. As pan of the study, a series of workshops including the punic and County staff v.'ere held at which drainage/flooding was identified as a concern. Camp Dresser & McKee Inc. (CDM) was retained by the Collier County Stormwater Management Department to provide a Conceptual Stormwater Master Plan to address drainage and flood control in the Gateway Triangle Redevelopment Area. The pu¢ose of the Conceptual Master Plan is to present alternatives to improve the drainage level of service within the study area. The report was prepared by staff of the Naples and Cape Coral offices under the direction of Vice President, Richard D. Moore, P.E. Marie Mahan, P.E. ',vas the project manager/engineer. The recommendations and cost estimates are conceptual and would require further engineering analysis and detailed design prior to implementation. 62951wtSECT~ON O! 1-1 I I I I I I I I I I I I I I II 1.2 1.3 6295~,,'SECTION 01 2.~0~,8 GA TEWA Y TRIANGLE CONCEF'TUA L S TORMWA TER MA S TER PLAN Scope of Services The scope of services for the Conceptual Stormwater Master Plan includes the Ibllo',vin~ tasks: ~ Task 1 (Existing Data Compilation) includes compiling data such as aerial and contour maps, sheet and parcel boundary, maps, soils, existing and future land use, hydrologic and hydraulic features, flooding complaint records and permitted facilities. Task 2 (Public Meetings) includes participation in public meetings to obtain public comment on existing flooding problem areas and proposed alternatives. Task 3 (Field Reconnaissance) includes field reconnaissance to update the stormwater system drawings, assess the condition of the system and evaluate conceptual alternatives to address problem areas. Vertical control surveys of structures is not included in this project. Task 4 (Conceptual Alternatives) includes the development of three (3) conceptual alternatives to address problem areas. Conceptual alternatives include schematic drawings of proposed improvements. The conceptual drawings are not intended to be used for design or permitting purposes. Conceptual alternatives are phased for sequential implementation and include planning level estimates. Task 5 (Funding Ahernatives) includes identification of potential funding sources, both grants and lonns, for the drainage improvements. Potential funding sources are reviewed relative to amount of funding available, timeliness of receipt of fundinu and ease of procurement. '['ask 6 (Conceptual Stormwater Master Plan) includes preparation and delivery of the Conceptual Stormwater Master Plan Report. Task 7 (Presentation) includes presentation of the report to the Collier County Board of County Commissioners. ' Study Area Description The 266-acre study area includes the Gateway Triangle Redevelopment area as shown on Figure 1-1. The study area is bounded on the north by Davis Boulevard (CR84). Airport-Pulling Road (CR31) is the eastern boundap,, oft,qe study area. The southern boundary of the study area is Tamiami Trail (U.S. ~I). The stt~d,,' area includes the northwest corner of Section 11. Township 50S, Range 25E. 1.2 11] I ! Fii~re No. 1-1 GATEWAY TRIANGLE STUDY AREA I I I I I I I I I I I GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN Section 2.0 Data Collection and Evaluation 2. 1 Topography A topographic map was obtained from Collier County, Office of Capital Projects Management. The aerial topographic map provides one-foot contours and spot elevations with a scale of I inch equals 200 feet. The map was prepared by Kucera ct Associates, Inc. and is dated November 17, 1983. The study area is relatively fiat with elevations ranging from 2.6 to 9.3 feet NGVD. The lowest elevations are found around the pond located in the northwest comer of the basin, along the Linwood Ditch and in depressional areas on undeveloped parcels. The highest elevations are on developed parcels that have imported fill and the area around Shadowlawn Elementary School. Typical elevations in developed commercial areas range from 4.5 to 7.5 feet NGVD. Developed residential area elevations west of Shado`,vlawn range from 4.0 to 6.5 feet NGVD. while areas east of Shadowlawn range from 5.4 to 9.3 feet NGVD. 2.2 Softs 2.3 The U.S. Department of Agriculture Soil Conservation Service (SCS) soil survey was prepared in 1954. The soil survey ',vas updated in 1989; however, a revised soil sun,'ev report has not been issued. The soils within the study area are urban land and urban land lmmokalee-Oldsmar, limestone substratum complex. A description of the soils from thc soil survey is provided in Appendix A. Each soil type has been assigned a Hydrologic Soil group designated by SCS. Hydrologic Soil Group A is comprised of soil hnving ve,-y high infiltration potential and Iow runoff potential. Hydrologic Soils Group D is characterized by soils with a ','er,,, low infiltration potential and a high runoff potential. Hydrologic Soil Group B and ~ are designated in between these two categories. Soils within the stud), area are classified as B/D. Land Use An existing land use and zoning map is provided as Figure 2-1. Strip development along the major transportation corridors of Davis Boulevard. LI.S. 41 and Airport- ":i29~,/SEC r iOF~ OZ ~z~ 2-1 IIIII II I I I ! I I I I I I I I I I I I 2.4 ,8B 2, iI GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MASTER PLAN Pulling Road is commercial land use. The interior of the triangle includes mostly residential land use. The triangle includes one planned unit development (PUD) which is approximately 10 acres, Wild Pines Apartments. The triangle includes Shadow!awn Elementary School, tv,'o churches and a potable water ground storage tank .'md pm-nping facility owned by the City of Naples. Future land uses were developed tinder the 1997 Davis Triangle Redevelopment Study by Design Studios West and are shown on Figure 2-2. Rainfall The nearest rainfall gauge is located nearby at the Collier County Governmem Complex, at the intersection of U.S. 41 and Airport Pulling Road. The gauge is maintained and operated by the South Florida Water Management District (SFWMD). The gauge measures 15 minute rainfall depths and data are available since May 198 I. The National Weather Service ('NWS) maintains and operates a rainfall gauge at the Naples Municipal Airport located approximately one mile north of the stud3' area. Daily rainfall has been recorded at this station since July 1948. NWS rainfall data was analyzed for the period of record between July 1948 and September 1996. The average annual rainfall recorded over that period ,,,,'as found to be 53.02 inches. The monthly distribution of rain is shown on Figure 2-3, illustrating a distinct seasonal pattern typical of Florida rainfall. The wet season lasts from May through October, and accounts for nearly 80 percent of the annual total. 2.5 Aerial Photographs 2.6 6295h,,./SE CTION 02 The Collier County Property Appraiser's office maintains the most recent aerial photographs of the triangle. The aerial photograph has a scale of 1 inch equal 200 feet. The photograph date is November 1996. The aerial photograph scale was prepared by Aerial Cartographics of America for the Florida Department of Revenue. Permitted Facilities The Big Cypress Basin office of the South Florida Water Management District does not have any permitted facilities within the study area. The SFWMD permits facilities serving over 40 acres. The study area does not include any parcels larger than 40 acres. Smaller parcels are permitted by Collier County. The County does not maintain a database that can be searched to find parcels with permitted stormwater facilities. Field reconnaissance of the area identified parcels that have onsite stormwater detention systems. These parcels are identified on Figure 2-4. 2-2 Z © .< 0 IT1 m Im, l~l~L CLJ)dIC m i..B (saq~u!) ]unoLu¥ IleJU!e):l J~qLU~O@C] JaqwaAoN Jaqo[oo Jaqwa~das lsn6n¥ Xlnr aunt l!JdV LIOJe~ ~enJqa3 ~enuer 8B 2'~j ' uJ z ..................... 11 ............ III ........... I I I I I I I I i i ! I I I i I I I I 829.~e~EC TION 02 GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PLAN The total area of parcels with onsite stormwater systems is approximately 20 acres which is less than eight percent of the study area. These systems are subject to meeting first flush storage requirements for water quality treatment and attenuation of the 25-year, 3-day storm event. 2-:3 I I I I I I I I I I I I i ! I I I I I ' CONCEPTUAL GATEWAY TRIANGLE STORMWATER MASTER PLAN Section 3.0 Existing Conditions 3.1 Basin Descriptions Figure 3-1 shows the drainage basins and subbasins for the Gatewav Triangle. Table 3-1 provides the area for each of the drainage basins and subbasins. Three drainage basins are included in the Gateway Triangle: Rock Creek Basin, Haldeman Creek Basin and Miscellaneous Coastal Basins. The Rock Creek Basin includes approximately 48 acres west of Airport-Pulling Road. The area is comprised of commercial land use that fronts on Airport-Pulling Road and residential single and multi-family along Connecticut Avenue, Linwood Avenue, Francis Avenue, Walker Lane, Caldonia Avenue South and Calusa Avenue South. This area drains east to the Airport-Pulling Road drainage system thence north to Rock Creek. The Haldeman Creek Basin includes approximately 17 acres in the southeast comer of the Gateway Triangle. The area is comprised of commercial and residential single family land uses that front on U.S. 41, Airport-Pulling Road, Bays/de Avenue and Andrew Drive. This basin was divided into two subbasins (H and I) for the Master Plan. Subbasin It includes the area draining to the Bayside Drive connection to the U.S. 41 system. Subbasin I includes the area the drains into thc Andrew Drive connection to the U.S. 41 system. The area adjacent to Airport-Pulling Road drains east to a storm sewer system on Airport-Pulling Road which connects to the U.S. 41 storm sewer system. The area along Bayside Drive, Andrew Drive and U.S. 41 drains south into the U.S. 41 storm sewer system. The U.S. 41 storm sewer system in this area discharges into [-[aldeman Creek. The majority of the Gateway Triangle, 201 acres, is in the Miscellaneous Coastal Basin. This area includes all of the Gateway Triangle except for the Rock Creek Basin and Haldeman Creek Basin. This drainage basin includes eight subbasins within the Gateway Triangle (A, B, C, D, E, G, J, and K) and one subbasin (F) outside the Gateway Triangle. Subbasin A includes the area that drains into the Commercial Drive connector to the U.S. 41 offsite system. This subbasin includes an existing pond that is approximately 1.8 acres in size and includes commercial and industrial land use.,;. 6295~w/$ECTION 03 3-1 Il I I TABLE 3-1 DRAINAGE BASIN AND SUBBASIN AREAS 8B2 "~, I I I I ! I I I I I Basin / Subbasin Areas (acres) Rock Creek Basin 48.0 Hal&man Creek Basin 17.0 Subbasin H 6.6 Subbasin I 10.4 Miscellaneous Coastal Basinst 201.0 Subbasin A 32.0 Subbasin B 42.0 Subbasin C 2.5 Subbasin D 13.0 Subbasin E 13.0 Subbasin F2 15.0 Subbasin G 60.0 Subbasin J 28.0 Subbasin K 10.5 ! I I I I I I includes only area within Gateway Triangle 2 This subbasin is outside the Gateway Triangle 62951w/table3.01 ?J20/98 3-2 I I I I I I I I I ! I I I I I I I I 3.2 ,S29~w~SEC T~ON 03 8B 2"' GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PLAN Subbasin B is thc area that drains to the Linwood ditch. This subbasin includes commercial and industrial land use west of the Linwood ditch and residential (single and multi-family) land use east of the Linwood ditch. The Linwood ditch discharges into the U.S. 41 offshe drainage system. Subbasin C includes a small yea around Winifred Avenue which drains into an existing ditch connected to the U.S. 41 offsite drainage system. Subbasin D includes single-family residential, multi-family residential and commercial land uses that drain and discharge to the U.S. 41 offsite system. Subbasin E includes single family residential, multi-family residential, commercial, institutional and utility land uses which drain to Pineland Avenue and discharge to the U.S. 41 offsite system. Subbasin F, located outside the Gateway Triangle, is adjacent to U.S. 41 and drains into the U.S. 41 offsite storm sewer system. Subbasin G includes the area that drains to Shadowlawn Drive and discharges into the Bayshore Drive storm se'.ver system. Subbasin J includes the area that drains into the Davis Boulevard storm sewer system. Subbasin J drains into the Davis Boulevard storm sewer system. Subbasin K includes three areas adjacent to U.S. 41 which drain directly into the U.S. 41 roadway drainage system. The U.S. 41 offsite drainage system and the Davis Boulevard drainage system discharge at Sandpiper Street into a tidally influenced canal that connects to Naples Bay. Existing Stormwater Management System Figure 3-1 shows the existing stormwater management syste~n. The drainage system most of thc Gateway Triangle includes overland flow into roadside swales. The roadside swales often have driveway culverts and catch basins with culverts at road intersections. The swales discharge into catch basins with stom~ sewers connection to the U.S. 41 offsite system at Commercial Drive, Pelton Avenue. Pineland Avenue. Shadowlawn Drive, Bayside Drive and Andrew Drive. The swale on Linwood ,,V,'cnuc discharges into the Linv/ood ditch which discharges into the U.S. 41 offsite drainage system. Another ditch, southeast of the Linwood ditch drains into the LI.S. 41 offsite drainage system. Kirkv,,ood Avenue and Avondale Drive have a number of catch basins and storm sewers which are connected to the Davis Boulevard drainage system. An existing pond located in the northv.'est comer of the triangle receives runoff from the surrounding commercial areas. Overflow from the pond goes through an alley and concrete channel before discharging into a catch basin on Commercial Drive. A field investigation ',vas conducted in September 1997 to update the stormwater system drawings, assess the condition of the system and identify conceptual improvements. Vertical control surveys of structures is not included in this project. Structures were located on an aerial photograph. 3-3 I I ! I I I I I ! ! ! !1 ! I I I I I 3.3 62951wtSE C TION 03 GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MASTER PLAN Figures 3-2 and 3-2a through" '~, o-,g include photographs of the existing stormv.'ater management system. Photographs include major drainage features such as the existing pond located west of Commercial Drive and the Linwood ditch. Photographs are also included of typical drainage features such as swales with driveway culverts and onsite stonnwater management systems. Some areas of the system are vet5' ',,,'ell maintained; however, some maintenance deficiencies '`,,'ere noted. Swale conditions range from excellent to poor and are determined primarily by the homeo'`'`ner's maintenance (mowing and picking up debris) level. Recently regraded swales '`','ere observed and swales in need of grading were also apparent. Most of the catch basins and pipes were clean. However, a few clogged catch basins and pipes with siltation were observed. Problem areas, however, did not appear to be associated with a tack of adequate maintenance. Problem areas are primarily due to the lack of stormwater detention facilities and an adequately sized stormwater conveyance system. Areas requiring additional maintenance were not concentrated into a certain area. rather the'`' ,are located throughout the basin. Problem Areas Drainage problem areas include thc lbllowing: · Property east of the existing pond, primarily Lizard Cafe: · Kirkwood Avenue; Property fronting Davis Boulevard north of V,,'ild Pines Apartments, primarily Naples Rent-All' The [.inwood ditch, especially property on Manorca Drive adiacer, t to the ditch: and. 'S . · Pehon Avenue at thc intersection with U.,. 41 The areas listed above are reported to be the most severe, chronic problem areas. In order to further investigate problem areas, a field investigation of the basin was conducted on December 14. 1997 after a significant recorded rainfall. Rainfall records at the Collier County Government Complex indicated no rainfall on December 12. 1.45 inches of rainfall on December 13 and 1.25 inches of rainfall on December 14. For comparison, the rainfall tbr a 2-year, 2-day storm event is 5.5 inches. Photographs from the field investigation are provided as Figure 3-3a through 3-3h. Flooding problem 3-4 ............. 1~ ..... I II IIII I III I IIIIII ................................................. ffff~l I0 I. o o 8B2 (LEFT) EXISTING POND - OVERFLOW POINT (BELOW) EXISTING POND - WEST OF COMMERCIAL DR. NOTE FILL ~ Camp Dr~ & Mc.K~ Figure No. 3-2A PHOTOGRAPHS- EXISTING STORMWATER SYSTEM ! ! IO EXISTING EXISTING POND OVERFLOW PATH THROUGH ALt. EY POND CONCRETE OVERFLOW CHANNEL Figure No. 3.2 B PHOTOGRAPHS - EXISTING STORMWATER SYSTEM I I I I I o I ' Figure No. 3-2 C PHOTOGRAPHS - EXISTING STORMWATER SYSTEM lO I0 o 0 (LEFT) LINWOOD DITCH ALONG LINWOOD AVE.- LOOKING EAST (BELOW) KIRKWOOD AVE. - NOTE MINIMAL DIFFERENCE BETWEEN STRUCTURE FLOOR ELEVATION AND ROAD ELEVATION ~ Cnm? ~ & Mc. Kea Figure No. 3-2 D PHOTOGRAPHS - EXISTING STORMWATER SYSTEM t ~ Camp Dres~ & McKee Figure No. 3-2 E PHOTOGRAPHS - EXISTING STORMWATER SYS'I'EM I I I I I I I I ! I ~8B2 (LEF'r) COUNTY CREW MAINTAINING ROADSIDE SWALE (BELOW) TYPICAL ONSITE STORMWATER MANAGEMENT SYSTEM CDM Camp ~ & Mci(aa Figure No. 3-2 F PHOTOGRAPHS - EXISTING STORMWATER SYSTEM Io Io Camp Dresser & McKee 1~8B2 -.: (LEFT) COLLAPSED CULVERT .1 (BELOW) CATCH BASIN - COVERED BY VEGETATION Figure No. ,3-2 G PHOTOGRAPHS - EXISTING STORMWATER SYSTEM O o LIZARD CAFE PARKING LOT AND ALLEY LIZARD CAFE PARKING LOT CI~ Camp Dresr, er & McKee Figure No. 3-3 A PHOTOGRAPHS - DECEMBER 14, 1997 IO O '8B2 OVERFLOW FROM EXISTING POND CONCRETE CHANNEL AT COMMERCIAL DR. Figure No. 3-3 B PHOTOGRAPHS - DECEMBER 14, 1997 nm ~- [[ IH[ 11 ...... I[[][ll[llll .......................... [[[[ [[ ~['[[ I COMMERCIAL DR PROPERTY WEST OF COMMERCIAL DR. CD~ Camp ~ & McKee Figure No. 3-3 C PHOTOGRAPHS - DECEMBER 14, 1997 O ,i 8B PROPERTY ON KIRKWOOD AVE. KIRKWOOD AVE. Camp Dresser &. McKee Figure No. 3-3 D PHOTOGRAPHS- DECEMBER 14, 1997 '" - I[ [[[1[[ [[[ [[[[ [ [[[][[ [ [[[] ............... I ................... [[[[ I; KIRKWOOD AVE. COMMERCIAL DR. 8"'B 2 II ~'~ Camp Dres~ & Mc. Ke~ Figure No. 3-3 E PHOTOGRAPHS- DECEMBER 14, 1997 ~' ~ ][ [[[ .... [[[ [[ [[[[ [ ................... [[[[[[ [ .................... [-' fu MAN()RCA [)R A~ I INW()OD DITCH IOOKIN(3 EAST t INW¢)¢-)D I)IrC, tt Af MANORCA DR Camp Dresser & McKee Figure No, 3-3 F PHOTOGRAPHS - DECEMBER 14, 1997 I ! 0 PELTON AVE, AT U.S.41 PELTON AVE. Figure No. 3-3 G PHOTOGRAPHS- DECEMBER 14, 1997 O o 8B2 2-. CI~M Cemp Drcee~ & Mc. Kcc Figure No. 3-3 H PHOTOGRAPHS - DECEMBER 14, 1997 - I .... I - IIII III I ........... I I I I I i I I I ! I I I I I I I I I I 3.4 6295hvlSEC rlON 03 8B2 GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MA S TER PLA N areas for this rainfall event include the following: Severe property flooding with threat of structure flooding at Lizard Cafe: and, · Minimal street flooding on Kirkwood Avenue. The Linwood ditch and Pelton Avenue did not have any visible signs of flooding. U. S. 41 Project The Florida Department of Transportation (FDOT) is widening U.S. 41 to six lanes. The project is currently under construction. Drainage plans ,,','ere reviewed to determine the impact of the project on the Gateway Triangle. The existing U.S. 41 drainage systems includes a curb and gutter system tbr roadway drainage. The drainage system collects runoff generated from the roadway and offsite sources. Offsite runoff, which includes runoff from the Gateway Triangle, either drains into the roadway curb and gutter system or is collected by catch basins and conveyed by storm sewers into the U.S. 41 system. The proposed U.S. 41 drainage system includes t~vo separate drainage systems, one for roadway runoff and the other for offsite drainage. The existing system serves both roadway and offsite drainage. The proposed system for offsite drainage will have additional capacity since it will not receive runoff from the roadway. The proposed design includes numerous 18-inch RCP connections from the U.S. 41 trunk line for all the offsite drainage connections to the system. The subbasins to be served by the offsite drainage connections vary in size from 2.5 to 42 acres. Further calculations were performed to evaluate the adequacy of the proposed design to serve the offsite drainage area. The first step was delineation of subbasin botmdaries as described in Section 3.1. Then the capacity of the offsite drainage system was calculated by estimating the slope of the Hydraulic Grade Line (HGL) between the outfall and the inlet of Commercial Drive. The elevation of the HGL at the outfall was the top of the 48-inch discharge pipe (0.4 ft. NGVD) while the HGL at Commercial Drive was assumed to be 1 foot above the top of the catch basin, grate (5.0 ft. NGVD). The slope was applied to M,'mning's equation with a friction factor n=0.012 and the assumption that the pipe is flowing full. The calculated capacity of the offsite drainage system that drains north-westerly to Sandpiper is 74 els. 3-5 I I I I ! I I I I ! I ! I ! I ! ! I 6295twlSECTION 03 '8B2 GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MAS TER PLAN The total drainage capacity was prorated to each drainage subbasin based on area. The total drainage area to the system is 117.5 acres which equates to 0.63cfs/acre. Runoff ,.vas calculated for each subbasin. Thc capacity, of the proposed system was calculated using Manning's equation based on the pipe size and invert elevations on the FDOT drawings. Recommendations were made to provide adequate flow capacity to meet the 0.63 cf's/acres discharge for each subbasin. Table 3-2 shows the values used in the calculations and the recommended modifications. Two pipes (Linwood ditch and Commercial Drive) require increase to 24-inch and modification of the proposed invert elevations. Two other pipes (Fehon and Pineland) require modification of the invert elevation to provide additional flow capacity by increasing the slope of the pipes. Several of the inverts of the pipes that connect to the offsite drainage areas are below the mean high tide elevation. During high tide water flows into the storm sewer system. Flap gates are proposed at three locations (Commercial Drive, Linwood ditch and Pelton Street) to prevent tidal flow into the drainage system. The FDOT has approved the recommended storm sewer modifications and installation of the flap gates. The County is proceeding with design and obtaining FDOT design approval of the modifications. Following FDOT approval, the County will obtain a cost proposal from the contractor, Archer-Western, to perform the work. A contract between the County and Archer-Western, separate from the contract between FDOT and Archer- Western, will be prepared for this work. 3-6 I I 8B2 I I I I I I I I I I I I i I I I C I I I ! I I I I I I I ! I I I I I ,~ 8B 2_. GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN Section 4.0 Conceptual Alternatives 4. 1 Introduction Three conceptual alternatives for the retrofit of stormwater facilities in the stud.,,' area were developed to address the problem areas. Conceptual plans were drawn schematically to illustrate the improvements for each alternative. Comments from County staffand the public were obtained at meetings held on November 13, 1997 and January 13, 1998. ]'he conceptual alternatives range from increased maintenance to construction of six stormwater detention ponds oa~d related piping. The ahernatives range in cost from $137,000 annually for maintenance ,'md rehabilitation to $1.58 million in capital costs excluding property costs. It should be noted that the facility improvements and cost estimates presented herein are conceptual and preliminary. More detailed engineering xvill be required prior to implementation. 4.2 Altemative No. I Alternative No. I improves the levels of service provided by the existing system bv increasing the level of maintenance and rehabilitating swales to their original conditions. This alternative is the lowest cost alternative and it does not include capital improvements. Maintenance ora storn~water m,~magement system is necessar)' to preser~'e the hydraulic capacity of the system. Swales or ditches must be cleared of debris and vegetation to maintain their hydraulic capacity. In addition, swales must be regraded to restore the channel to the design size. shape and slope. Swnles that are overgrown. ,'md tilled with debris or silt cannot transport as much water as would properly maintained swales. Pipes and inlets also require frequent cleaning to maintain their hydraulic capacity. Flooding may also be caused by completely or partially blocked catch basins or inlets which prevent runoff from entering the stormwater management system. Thc Collier County Transportation Department (CCTD) maintains the stormwater management system within the Gateway Triangle except for the State roadv,,ays, Davis Boulevard and U.S. 41 which are maintained by the Florida Department of 4-1 I I I ! I I I i I ! ! I I i i I ! i 8B2 GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PLA N Transportation (FDOT). The CCTD maintains approximately 41,000 feet of swales and approximately 75 catch basins and piping within the area. The CCTD maintenance program includes the following: · Swales located on vacant parcels are mowed ever3' four to six weeks; · Swales are regraded based on complaints of flooding; and, · Pipes and inlets are cleaned every six months. Homeowners are responsible for maintenance of the swale in front of their home and driveway culvert except for grading. Maintenance requires removal of debris, mowing and cleaning the culvert. The CCTD is responsible for grading the swale. Often the homeowners do not adequately maintain the swales or culverts which decreases the capacity of the stormwater management system and increases flooding. Alternative No. I increases the capacity of the system by providing additional maintenance and rehabilitation. The specific maintenance activities along with an estimated cost are provided below: Regrade swales ever3' two years (20,500 l.f. per year) - $100,000 initial annual cost for two years then $25,000 annual cost for subsequent years. Mow and clean swales once per month (41,000 l.f. of swale) - $20,000 annual cost. Clean pipes and catch basins (75 catch basins) one additional time per year $17,000 annually. The annual cost for Ahemative No. 1 is $137,000 for the initial two >'ears and then $62,000 per year for subsequent ,,,'ears. Additional maintenance will restore the hydraulic capacity of the stormwater management system. The problem flooding areas are not caused primarily by inadequate maintenance. Problem areas are primarily due to the lack of stormwater detention facilities and an adequately sized stormwater conveyance system. Thus, implementation of Alternative No. I will not completely alleviate flooding in problem areas. Additional hydraulic capacity in the system will decrease the duration of flooding since the water can be conveyed more quickly through the system. The frequency of flooding will not be significantly decreased by Alternative No. I except perhaps in cases where flooding is minor and caused by a clogged catch basin, pipe or swale. Alternative No. I allows the system to operate at its existing maximum capacity. It includes increased annual maintenance that will keep the system in a condition to provide the highest level of service for the existing system. I 62951wtSECTION 04 2r20~J8 4-2 I I I I ! I I i I I ! I i I I i I 4.3 6295~,~SE C TION 04 2E"C.'98 ,8B2 Altemative No. 2 GA TEWA Y TRIANGLE C ONCEP TUA L S TORMWA TER MA S TER PLA.¥ Alternative No. 2 improves the level of service in certain areas by constructing capital improvements to address specific drainage problem areas. This alternative is the medium cost alternative and is focused on specific problem areas rather than the entire study area. Figure 4-1 shows the improvements for Alternative No. 2. Lizard Cafe located at 1780 Commercial Drive is a problem drainage area. Thc existing pond and discharge channel overflow causing flooding in Lizard's parl,:ing lot and in the building. The existing pond is approximately 1.8 acres based on the 1996 aerial photograph. ]-he pond is located within 14 parcels. Property owners along the northern limits of the pond are filling it to create additional land on their property. Thc pond does not contain wetlands and is under private ownership. Thus, there are no regulations that prohibit filling the pond. Thc pond sen'es as a stomp, rater detention pond and receives runoff from the highly impcrw'ious ,areas surrounding it. Stormwater overflows from the pond through the alley west of Lizard Cafe and then into a concrete channe! south of Lizard Cafe. The channel disch,'u'ges into a catch basin which is connected to the underground piping netv,'ork on Commercial Drive. Recommended improvements to the pond would require the County to obtain control of the pond by either purchasing the property or obtaining drainage easements. Filling of the pond should be stopped immediately. The pond should be excavated to approximately 2.0 acres in size. A discharge structure and discharge piping (approximate 300-If of 24" RCP) should be constructed. Another problem drainage area is Kirkwood Avenue. A stormwater detention pond, additional catch basins and piping arc recommended to improve drainage conditions in this ,area. Twenty-three catch basins on Kirkwood are proposed to collect runoff. Storm sewers will include approximately 500-1for 15" RCP. 1000-If of 18" RCP and 1200-1f of 24" [{CP. Thc piping network will convey the runoff to an approximate 0.9-acre stormxvater detention pond. Discharge from the pond ,,,,'ill be through a 24-inch reinforced concrete pipe which will convey the water to the Commercial Drive system. The pond is shown on two vacant parcels north of Lin,.vood Drive. It has been reported that these parcels were used as a landfill in the past. Environmental audits v. ill be required to determine the suitability of the site for a stormwater detention pond. Parcels that front on Davis Boulevard north of Wild Pines Apartments have drainage problems, especially at Naples Rent-All. The northern half of the parcels drain to Davis Boulevard while the southern half originally drained to the Linwood ditch ','ia overland 4-3 I I I I I I I I I I I I I I ! I 6295h~SEC TION ~i '8B2 GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA $ TER PLA N flow. The Wild Pines Apartments were constructed with a perimeter berm. This berm impedes the southerly overland flow from the parcels fronting on Davis Boulevard. An extension of the catch basin and storm sewer system on Kirkwood Avenue is recommended to address this problem area. The Kirkwood Extension project will require 13 catch basins. 500-1for 15" RCP and 800-1for 18" RCP. Drainage easements would be required for this project. Pelton Avenue is ,-mother drainage problem area, specifically near the intersection of U.S. 41. A system of catch basins and pipes is recommended to address problems in this area by diverting a signilicant part of the basin drainage away from the Pelton St. / U.S. 41 intersection into an existing drainage ditch that connects to the U.S. 41 svstem. This project requires 12 catch basins and approximately 1500 feet of piping ranging in diameter from 15" to 24". Drainage problems are reported along the Linwood ditch. A particular problem area is a low-lying home on the west end of Manorca Drive. Improvements to address this problem include expanding the Linwood ditch. Expansion of the ditch ,.','ill provide greater storage volume. The approximately 0.6-acre expansion is shown on vacant property west of the ditch. In addition, berming the ditch may help alleviate flooding on Manorca Drive. Improvements to the U,S. 41 drainage system are included in Alternative No. 2. As described in Section 3.4. several of the pipe connections to the U.S. 41 system do not have adequate capacity for the runoff discharging to the system from the subbasins. The recommended modifications to the U.S. 41 drainage system are listed below: Commercial Drive - replace the proposed 18-inch RCP with a 24-inch RCP from S205 to Linwood Avenue and modify tile invert elevation from -1.50 to -1.79 at S205 to increase the pipe slope to obtain adequate discharge capacity. Linwood Ditch - replace the proposed 18-inch RCP with a 24-inch RCP and modify the invert elevation from 2.00 to 0.13 at the drainage structure to increase the pipe slope to obtain adequate discharge capacity. Pelton Avenue - modit3' the invert elevation of the proposed 18-inch RCP from 0.75 to 0.44 to increase tile pipe slope to obtain adequate discharge capacity. Pineland Avenue - modify the invert elevation of the proposed 18-inch RCP from 0.85 to 0.64 to increase the pipe slope to obtain adequate 4-4 I I I I I I I I I I ! I I ! I I [ I 4.4 ,8B2 GA TEWA Y TRIANGLE CONCEPTUAL STORMWA TER MASTER PLAN discharge capacity. Flap gates are recommended to address drainage problems at Commercial St.. ?elton St. and the Linwood Ditch. The mean high tide elevation is 2.0 feet NGVD. The in',ert of these three pipes are all below the mean high tide elevations. During high tide water backs up into the system. Installation of flap gates ',,,'ill prevent tidal water from entering the stormwater management system. ]'he flap gate at Commercial Drive will be installed in the FDOT catch basin S205F. New catch basins will be constructed at the Linwood ditch and Pelton Avenue For the flap gate installation. Table 4-1 provides thc estimated capital costs for the improvements included in Alternative No. 2. The total cost of.Alternative No. 2 improvements is $851.500 excluding property costs. Additional costs for maintenance of the improvements would be incurred. Alternative No. 3 Alternative No. 3 improves the level of service by constructing major capital improvements to obtain minimal to moderate street tlooding for the 10-year. 24-hour storm event. This alternative is the highest cost alternative which provides a signi ficant increased level of service for the Gateway Triangle ~d addresses problem areas. This alternative is based on the future land use developed in the Gateway Triangle Redevelopment Study. The U.S. 41 drainage system capacity is 0.63 cfs/acre at Iow tide. During normal high tide, thc system capacity drops to 0.42 cfs/acre. These values are considered high since basins are typically permitted to discharge approximately 0.30 els/acre based on predevelopment runoff from typical undeveloped areas. The peak runoff can be calculated using the Rational Method shown below: Q = CIA; where: C = I = A = peak discharge, cfs; runoff coefficient: precipitation rate, in/hr; and, watershed area, acre. 62951w/S£CTION Cd I I I I I I I I I i I 8B2 TABLE 4-1 ALTERNATIVE NO. 2 CONCEPTUAL COST ESTIMATEI Project Estimated: Estimated3 Construction Project Cost S Cost S U.S. 41 Piping Modification I0,000.00 13,000.00 U.S. 41 Flap Gates 6,500.00 8.500.00 Existing Pond 69,000.00 90,000.00 New Storage Pond 107,600.00 140,000.00 Kirkwood Avenue 183,050.00 240,000.00 Kirkwood Avenue Extension 104.000.00 135,000.00 Pelton Avenue 122,700.00 160,000.00 Linwood Ditch Extension 49,800.00 65,000.00 TOTAL 652,650.00 851,500.00 I I I I I I I Property Costs are n_.9.! included. Detailed Construction Cost Estimate is provided in Appendix B. Estimated Project Cost includes 15% contingency. 12% engineering and 3% administration. 62951w/ta131e4 01 2/~o/9e 4-6 I I I I I ! I I ! I ! ! I I I I '8B2 t GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MASTER PLAN The Rational Method is used to calculate the runoff per acre for various land uses and storm events. 'Fable 4-2 provides a sunmmry of the runoffper acre calculated using the Rational Method. The values for all land uses except lawns exceeds the 0.63 els/acre capacity of the system. This means storage is required in the basin to attenuate peak runoff flows and prevent flooding. Collier Count,,,' Ordinances and South Florida Water Management District rules require ne``v developments to provide enough on-site storage to attenuate the 25-year. 3-day storm event to predevelopment discharge rate. In addition, there are storage requirements for water quality. Most of the Gateway Triangle was developed before these requirements ;,.'ere enacted. Storage requirements tbr most Gateway Triangle subbasins were calculated. Subbasins J and K were excluded from the calculation since they drain directly into road``vav drainage systems without opportunity to provide storage. TR-55. Urban Hydrology for Small Watersheds, computer program version 1.11 by the U.S. Department of Agriculture, Soil Conservation Sen'ice, ,,vas used to estimate storage requirements. This program is a preliminary.' planning tool ,'md is applicable only when a tolerance range in basin storage volume of up to plus or minus 25 percent is acceptable. Detailed modeling and surveying would be required to provide more accurate calculations to design stormwater detention facilities and storm sewers prior to construction. Table 4-3 provides the estimated additional storage volume required (or the drainage subbasins based on the model results. The storage requirement is based on the 10-year. 24-hour storm event. Areas were identified in each of the subbasins to meet the estimated storage requirement based on the discharge rate of 0.63 cfs/acrc. Existing storage provided in swales or stormwater management systems `.vas accounted for in the calculations. During extreme high tide conditions some street flooding would still be expected. Figure 4-2 shows tine improvements required for Alternative No. 3. Improvements include six detention ponds and associated discharge structures, catch basins and storm sewers. Table 4-3 provides thc area for the proposed ponds. Two projects that are required for Alternative No. 3, modifications to Pond t (existing pond) and the Kirkwood Avenue Extension Project are included irt Alternative No. 2. Improvements were planned to coincide with thc future land use changes whenever possib!e, b`.' overlaying the improvements on the Future Land Use Figure 2-2. Subbasin A includes an area that is projected to be completely redeveloped into a commercial complex. It is assumed that redevelopment xvill include importing fill to raise lhe elevation of the structures. Two stormwater detention ponds are required in Subbasin A. The existing 1.8 acre pond (Pond 1) should be excavated to provide additionnl storage and piping improvements as described for Alternative No. 2 '4muld 6295~'#tSE C TION 4-7 I I I I 8B2 TABLE 4-2 RUNOFF BY LAND USE Runoff (cfs/acrc) Land Use Runoff 2-year 5-year 10-year Coefficient Business 0.70 - 0.95 2.7 - 3.6 3.1 - 4.2 .3.4 -4.7 Residential 0.30 - 0.50 1.1 - 1.9 1.3 - 2.2 1.5 - 2.5 Single-Family Residential 0.40 - 0.60 1.5 - 2.3 1.8 - 2.6 2.0 - 2.9 Multi-Family Paved Streets 0.70 - 0.95 2.7 - 3.6 3.1 - 4.2 3.4 - 4.7 Lawns 0.05 - 0. I 0 0.2 - 0.4 0.2 - 0.4 0.3 - 0.5 Light Industrial 0.50 - 0.80 1.9 - 3.0 2.2 - 3.5 2.5 - 3.9 I I I I I I I I I ! I Calculations are made using the Rational Method with 2-year rainfall = 3.8 in/hr; 5-year rainfall = 4.4 in/hr; and 10-year rainfall = 4.9 in/hr. 4-8 I I I I I I I I 8B2 TABLE 4-3 STOIL4GE REQUIREMENTS Additional ~ Subbasin Required Volume Proposed Volume Proposed Pond Area (acre - ft) (acre - ft) (acres) A 9.0 9.2 3.9 B 5.0 5.8 3.3 C, D & E 5.0 5.8 3.3 G & H 6.2 6.3 3.2 2.0 1.0 I 2.0 I I I I I I I I I I ' Additional required volume does not include storage requirements for properties with onsite stormwater management systems or storage provided by swales. 62951'w~d able4 2&3 4-9 I I I I I I I i ! I I i I I I I GA TEWA Y TRIANGLE C ONCEP TUA L S TORMWA TER MA S TER PLA N be constructed. A new 2. l-acre pond (Pond 2) is required to provide additional storage. Under a complete redevelopment scenario, the developer would be responsible for the complete stormwater management system and would have to adhere to water quality requirements and requirements to attenuate the 25-year, 3-day storm event. Subbasin B for Alternative No. 3 is smaller than the existing Subbasin B. Approximately 10 acres ofSubbasin B are included in the redeveloped commercial complex located in Subbasin A. The future land use plan includes building Pine Street to connect to Davis Boulevard and U.S. 41. A 3.3-acre linear detention pond (Pond 3) is proposed to coincide with the roadway project. In addition, a series of catch basins and storm sewers are proposed to address problems with property fronting on Davis Boulevard. These improvements, the Kirkv,'ood Extension Project, are included in Alternative No. 2 and are also required for Ahemative No. 3. Subbasins C, D and E are combined for the future scenario. A 3.3-acre detention pond (Pond 4) located between Pclton Avenue and Pineland Avenue is recommended to provide storage for Subbasins C, D and E. The pond would discharge into the connections to the U.S. 41 offsite drainage system located at the existing ditch, Pelton /\venue and Pineland Avenue. ?elton Avenue improvements will require I0 catch basins, 820-1fof 15" RCP and 910-1for 18" RCP. Pineland Avenue improvements will require 14 catch basins, 1150-1fof 15" RCP and 740-1for 18"I~,CI'. Pond 5 will provide detention for Subbasins G and H. The 3.2-acre pond is located on Bayside Drive and on the vacant land at Shadow!awn Elementar)' School. Tile pond discharges to the U.S. 41 offsite drainage system at Shadowtawn Drive and Bayside Drive. Basin improvements will require II catch basins, 800-1for 15" RCP. 820-1for 18"RCP and 250-If of 24" RCP. Pond 6 will provide detention for Subbasin I. The 1.0-acre pond is located on vacant land between Andrew Drive and Airport-Pulling Road. The pond discharges into the U.S. 41 drainage system at/\ndrew Drive. Basin improvements will require 11 catch basins, 1750-If of 15" RCP and 750-1fof 18"RCP. An automatic tidal slide gate station is recommended to prevent tidal flow into the U.S. '41 and Davis Boulevard storm sewer systems. A motor operated slide gate would be installed at the outfall located at the intersection of Sandpiper and U.S. 41. The .slide gate would be controlled by upstream and downstream water level sensors. Electrical ,'md instrumentation equipment will be housed in a small structure. Emergency power will be provided to autornatically open the gate in case of power failure. Thc cost for Alternative No. 3 improvements is provided on Table 4-4. '[he estimated cost of Alternative No. 3 is $1.58 million excluding properly acquisition. Additional costs for maintenance of the improvements would be incurred. I I I I 882 TABLE 4-4~ ALTERNATIVE NO. 3 CONCEPTUAL COST ESTIMATE~ Project Estimated: Estimated3 Construction Project Cost S Cost S Pond 2 140,000.00 185.000.00 Pond 3 114,440.00 150,000.00 Pond 4 110,400.00 145.000.00 Pelton Avenue 130,000.00 170,000.00 Pineland Avenue 142, 150.00 185,000.00 Pond 5 124,700.00 165,000.00 Shadowlawn Drive 40,000.00 55,000.00 Bayside Drive 105,300.00 140,000.00 Pond 6 41,600.00 55,000.00 Andrew Drive 179,350.00 235,000.00 Tidal Slide Gate Station 75,000.00 97,500.00 TOTAL I 1,202,940.00 1,582,500.00 I I I I I I I I I I I I I Property Costs are n. 0t' included. Two projects in Alternative No. 2, Pond 1 (existing pond) modifications and Kirkwood Avenue Extension, are required for Alternative No. 3. Detailed Construction Cost Estimate is provided in Appendix B. Estimated Project Cost includes 15% contingency, 12% engineering and 3% administration. 62951w/table4.04 ~J~o/gs 4-11 I I I I I I I I I I i I I I I I I I 8B2~'~ GATEWAY TRIANGLE CONCEPTUAL STORMWATER MASTER PLAN Section 5.0 Funding Alternatives CDM, as part of the Gateway Triangle Redevelopment Project, has evaluated potential sources of total or partial funding for the project by grants or loans. CDM has reviewed each source relative to potential funding, timeliness of receipt of funding, ,'md ease of procurement. CDM approached the evaluation of funding alternatives by developing a project description, identifying potential funding sources and evaluating potential funding sources for this project. 5. 1 Project Description This project includes a redevelopment area known as the "Gateway Triangle". The area has drainage and flooding problems and proposed improvements will focus on flood control. This portion of Collier County has been developed since the 1950% and is characterized by lower than average appraised values for residential parcels ,,,,4thin Collier County. Additionally, commercial and light industrial land use is prevalent along the major roads within the study area. The study area is almost completely built out with vacant land representing less than 5 percent of existing land use. CDM evaluated three levels of improvement as discussed in Section 4.0 and are summarized below: Improved maintenance and rehabilitation of the stormwater system; including no construction of new facilities. Moderate level of capital improvements including construction of a new detention basin, new pipes and catch basins, regrading swales and an addition of flap gates to manholes to eliminate tidal influence within the basin. II Higher level of capital improvements which will include moderate improvements described above, plus additional storage and conveyance improvements to meet a 10-year storm event level of service. The Collier County Gateway Triangle drainage program is entirely driven by flooding: however, water quality improvements would be developed in conjunction with the South Florida Water Management District. Currently, Collier County funds most stormwater projects from their general fund. The County does not have a stormwater utility. 5-1 I I I i I i I i l l ! I I I I ! I ! 5.2 5.3 5.3.'I 62951,#1S£C TION 05 2t20¢ge 8B2 Section 5, 0 Funding Alternatives Potential Funding Sources CDM reviewed many regional, state and federal agencies for potential funding cf the Gateway Triangle Project. The agencies identified are summarized below: Regional Agencies · Metropotitan Planning Organization · South Florida Water Management District State Agencies Department of Community Affairs Department of Transportation Department of Environmental Protection Executive Office of the Governor Federal Agencies · · Army Corps of Engineers Department of Housing and Urban Development Environmental Protection Agency Summary of Potential Funding Sources A review of potential funding sources was performed by CDM. The purpose of this review is to provide an overview of programs which may have applicability to this specific project. Based on this overview, a funding strategy can be developed b.,, the County for purposes of implementing the desired improvements. A brief summary, of the identified potential funding sources is provided below. Regional Agencies Metropolitan Planning Organization (MPO) Transportation Enhancement Project funds are-provided by the MPO. If the flood control improvements include a wet detention facility, for example, by landscaping and providing passive recreation facilities, these funds may be available. Applications are available through the MPO. These monies are awarded annually on a competitive basis. 5-2 I I I I I I I I I I ! I ! I I i i 5.3.2 629'5N,~1~, f: G"rtO N C5 South 8B2 State Section 5. 0 Funding Alternativos Florida Water Management District (SFWMD) The SFWMD and its Big Cypress Basin can provide assistance for projects which provide water quality benefits. The SFWMD usually requires matching funds from a local government. Funds are made available annually on a competitive basis. Once the budget is approved by the Governing Board, applications are made available. Agencies Department of Community Affairs (DCA) The DCA provides assistance through the Emergency' Flood program. These monies are provided based on the program's criteria and availability of funds. Florida Department of Transportation (FDO T) The FDOT can provide assistance by partnering with roadway improvements which are scheduled within the vicinity. The Five-Year Road Program identifies the schedule. Since the FDOT must provide stormwater treatment and flood control, economics of scale can be achieved through a partnering arrangement. No specific funds are identified annually for this purpose. Timing of projects is most important. The Bartow District One office of the FDOT would be the appropriate contact. Florida Department of Environmental Protect (FDEP) The FDEP typically funds water quality related projects. The program which provides funds to local government is the U.S. Environmental Protection Agency's 319(h) grant program which is administered by the FDEP. Application deadline is typically late summer/early fall each ,,'ear. The stormwater division of FDEP in Tallahassee administers this program. Executive Office of the Governor (EOG) The EOG, specifically the Envirorm~ental Policy/Community and Economic Development Unit, can assist in identifying funds which may be available or requested on a case-by-case basis. There are no specific funded programs annually. However. the EOG can make requests of the Florida Legislature. 5-3 I I I I I I I i I ! I i i I I ! I I ! Section 5.0 Funding Alternatives 5.3.3 Federal Agencies Army Corps of Engineers (ACOE) The ACOE provides flood control assistance. Flood control projects are identified in the Water Resources Development Act (WRDA), which is typically authorized every two years. The next WRDA is expected during 1998. In order to be authorized in WRDA, a request from Congressman Porter Goss to the authorizing committee is suggested, or a request to the ACOE Jacksonville District can be made by the County. Another ACOE program which may be appropriate is the Flood Plain Management Services. A detailed description of this program has been provided in Section 5.4. Department of Housing and Urban Development (HUD) HUD provides federal assistance for urban development. The Community Development Block Grants (CDBG) Program offers monies for a variety of projects which include the development of viable urban communities. A detailed description of this program has been provided in Section 5.4. Environmental Protection Agency (USEPA) EPA provides federal funds for projects that improve water quality. Four sources within the EPA were identified, namely, the 319(h) program, Sustainable Development Challenge Grants, State Revolving Funds (SRF), and State and Tribal Assistance. The 319(h) program, which is administered by the FDEP in Florida, is discussed in Section 5.3.2. A summary of the Sustainable Development Challenge Grants is provided in Section 5.4.3. SRF s are now available for stormwater projects. The authorization to allow this use was passed by the Florida Legislature in 1997. Rulemaking is currently underway by the FDEP. These low interest loans ,,,,'ill be available to local governments to i~nplement stormwater projects by the end of 1998. State and Tribal assistance are earmark appropriations which are identified by Congress annually in the EPA Appropriations. These projects are funded directly by Congress. Congressman Porter Goss's office can assist the County in developing this potential source of funds. 6295twlSECTION 05 2/20~98 5-4 I I I I I I I I I I I I I I I i I I ! 5.4 5.4.1 8B2 Section 5.0 Funding Alternatives Detailed Description of Selected Federal Programs A detailed description of three Federal Programs is provided below. Flood Plain Management Services General Information Office of the Chief of Engineers, Department of the Army, Department of Defense Flood Control Act of 1960, as amended, Section 206, Public La~v 86-645, 33 U.S.C. 709a. Objectives To promote appropriate recognition of flood hazards in land and water use planning and development through the provision of flood and flood plain related data, technical services, and guidance. Uses and Use Restrictions Available information identifies areas subject to flooding and flood losses from streams, lakes, and oceans and describes flood hazard at proposed building sites. It can be used as a basis for planning flood plain use, for flood emergency preparedness planning, for hurricane evacuation and preparedness planning, for assistance in developing flood plain regulations, for setting elevations for flood proofing, and implementing flood proofing measures, and for indicating areas to be acquired for open space. Activities also include interpretation of technical information and related planning assistance and guidance toward prudent use of flood plains. Services are available to States and local governments without charge, but within annual funding limitations on request. Services are available to Federal agencies on a fully reimbursable basis. Services are available to the private sector on a pay first basis. Application and A~vard Process Application Procedure Requests are generally made in the form of a letter to the District Engineer which documents the need for assistance. 5-5 I I I I I I I I I I I I I I I ! ! I I 5.4.2 62951w/SECTtON 05 Section 5.0 Funding Alternatives Award Procedure Response time and approval time may be the same for information readily available. Services and information are provided directly to the applicant except for some special study reports which are coordinated through the designated State agency. Information Contacts Regional or Local Office Persons are encouraged to communicate with the District Engineer of the Jacksonville District. Headquarters Office U.S. Army Corps of Engineers, Attn: CECW-PF, Washington, DC 20314-1000. Telephone: (202) 272-0169. Community Development Block Grants/Small Cities Program (Small Cities) General Information Fcqtcral Agency Community Planning and Development, Department of Housing and Urban Development. Objectives The primary objective of this program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income. Uses and Use Restrictions Small Cities develop their own programs and funding priorities. Generally, as in the case of entitlement grants, most activities previously eligible under the categorical program consolidated under the Act, and defined by the statute and regulations may be carded out, i.e., acquisition, rehabilitation or construction of certain public works facilities and improvements, clearance, housing rehabilitation, code enforcement, direct assistance to facilitate and expand home ownership among persons o flow and moderate income, relocation payments and assistance, administrative expenses, economic development, completing existing urban renewal projects, and certain public services within certain limits. Neighborhood-based nonprofit organizations, local development corporations, Small Business Investment Companies, or other nonprofit organizations serving 5-6 I I I I I I I I I i I I i I I I 6~95h. v/$EC TION 05 8@ Section 5 0 Funding A/ternatives the development needs ofnonentitlement areas may act as subgrantees to carry out neighborhood revitalization or community economic development projects in furtherance of block grant objectives. Recipients may provide assistance to for-profit entities when the recipient determines that the provision of such assistance is appropriate to carry, out an economic development project. Communities are restricted from constructing or rehabilitating public facilities for the general conduct of government and from making housing allowances or other income maintenance-type payments. The projected use of funds must be developed to give maximum fe~ible priority to activities which benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. The projected use of funds may also include activities which the applicant certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. At least 70 percent of each grant made available to a unit of general local government must benefit low and moderate income persons. Beneficiary_ Eligibility The principal beneficiaries of CDBG funds are Iow and moderate income persons. For metropolitan areas, low and moderate income is generally defined as a member ora family having an income equal to or less than the Section 8 Iow income limit established by HUD. For non-metropolitan areas, low and moderate income is generally defined as 80 percent of the median income for non-metropolitan areas of the State. as adjusted by family size. Assistance Considerations Formula and Matching Requirements Allocations to States are based on a dual formula under Section 106 of the Act (24 CFR 570, Subpart B) using statistical factors. Allocations tbr each State are based on an amount equaling the greater of the amounts calculated under tv,'o formulas. The factors involved in the first formula are population, extent of poverty and extent of overcrowding, v,'eighted 0.25, 0.50, and 0.25, respectively. The factors involved in the second formula are population, poverty, and age of housing weighted 0.20, 0.30, and 0.50, respectively. The statistical factors used for fund allocation are (I) total resident population for all places in nation from the 1993 Census estimates; (2) number of persons with incomes below the poverty level from the 1990 Census; (3) number of housing units v,,ith 1.01 or more persons per room /'rom the 1990 Census; (4) age of housing; number of year-round housing units built in 1939 or earlier from the 1990 Census. The statistical ['actors for each State have been reduced to reflect only the non- entitled areas that is, the State area excluding metropolitan cities and urban 5-7 - - III IIIIII II I I IIII I IIIII III I I i il - - , ................. I I I I I I I I I I ! I I I I i i i 5.4.3 Section 5.0 Funding Alternatives counties. Address questions concerning the formula to Mai'jofie Siegel. Systems Development and Evaluation Division, Office of Executive Sen'ices. Community Planning and Development, 451 7th Street, S.W., Washington. DC 20410. Telephone: (202) 708-0790. Information Contacts Headquarters Offi¢¢ State and Small Cities Division, Office of Block Grant Assistance Community Planning and Development, Department of Housing and Urban Development. 451 7th Street, S.W., Washington, DC 20410. Telephone' (202) 708-1322. Use the same number for FTS. Sustainable Development Challenge Grants General Information Federal Agency U.S. Environmental Protection Agency Objectives To (I) catalyze community-based and regional projects and other actions that promote sustainable development, thereby improving environmental quality and economic prosperity; (2) leverage significant private and public investments to enhance environmental quality by enabling community sustainability efforts to continue past EPA funding; (3) build partnerships that increase a community's long-term capacity to protect the environment through sustainable development; and (4) enhance EPA's ability to provide assistance to communities and promote sustainable development, through lessons. Types of Assistance Project Grants. Assistance Considerations Formula and Matching Requirements This program is intended to provide seed money to leverage a broader public and private investment in sustainability activities. As a result, the program requires a minimum nonfederal match of at least 20 percent of the total project budget. EPA encourages applicants to leverage as much investment in community sustainability as possible. EPA funds can be used for no more than 80 percent ofthe total cost of the project. The match can come from a variety of public and private sources and can include in-kind sep/ices. No federal funds, however, can be used as matching funds. There is a 20 percent match requirement, in kind or financial. 629SI,.,.15EC TIO N 05 I~ ~2~ 5-8 I I I I I I I ! i I i ! I i I I I I I 8B2 '" Section 5.0 Funding Alternati,/es Length and Time Phasing of Assistance From I to 3 years. Range and Average of Financial Assistance Up to $250,000 per project. Program Accomplishments EPA intends these competitive grant to be a catalyst that challenges communities to invest in a sustainable future, recognizing that sustainable environmental quality and economic prosperity are inextricably linked. The Sustainable Development Challenge Grant Program is an important opportunity for EPA to award competitive grants for seed funding to leverage private and other public sector investment in sustainable communities and larger geographic areas such as watersheds. This grant program challenges local communities to invest in their own sustainable futures. Information Contacts Headquarters Office Office of Air and Radiation Environmental Protection Agency, Mail Code 6101, 401 M Street SW, Washington, DC 20460. Program Contact: Pamela Hurt. Telephone: (202) 260-2441. Criteria for Selecting Proposals There are three components related to the selection of proposals: (1) Sustainability: How well does the proposal integrate environmental protection and economic prosperity? What type of sustainable behavior is desired and what type of non-sustainable behavior is being addressed? (2) Community Commitment and Contribution: To what degree do the partners represent those in the community who have an interest in or results benefit all affected groups to the maximum extent possible? (3) Measurable Results: To what degree does the proposal include significant achievable short-term (within 3 years) and long- term targets or benchmarks to measure the proposal's contribution to the community's self-sufficiency and sustainability? After EPA funds are exhausted, does the proposal demonstrate how the work will continue, or how it will evolve into or generate other sustainability efforts, either locally or regionally? 5-9 I I I I I I I I I I I I I I I I I CONCEPTUAL GATEWAY TRIANGLE STORMWATER MASTER PLAN Section 6.0 Recommendations 6.1 Implementation Plan Three conceptual alternatives for improving the drainage conditions in the Gateway Triangle were developed and evaluated. Alternative No. 1 consisted of increased maintenance to restore the existing stormwater management system to its design capacity. Alternative No. 2 included recommendations of capital projects to address specific problem areas based on the existing land use. Alternative No. 3 is based on the projected future land use and includes major capital projects to provide an improved level of service throughout the area. Alternative No. I is recommended for immediate implementation. This ,,rill allow the system to provide the highest level of service utilizing existing facilities. This alternative requires additional annual maintenance and will be a continuing annual cost. Alternative No. 2 can be implemented in phases to address problem areas. A discussion of the recommended phasing for these projects is provided below. The U.S. 41 storn~ sewer modifications are also recommended for immediate implementation. The construction contractor can make these improvements as part of an on-going U.S. 41 widening project. A significant cost savings will be realized by making these improvements during the U.S. 41 widening project. Improvements to the existing pond (Pond 1) should be considered a high priority project. Flooding in the vicinity of the pond is severe and is being worsened by the filling of the pond. A number of properties along Kirkwood Avenue and the properties fronting Davis Boulevard experience flooding. The Kirkwood Avenue improvements, new storage pond (Pond 2) and Kirkwood Avenue Extension improvements address flooding in this area and should be considered the next priority. 6-1 I I I I I ! I I ! i I I I I I I I i 2r2c~.~1 6.2 GA TEWA Y TRIANGLE CONCEPTUAL S TORMWA TER MA S TER PD~ N Of the two remaining projects, Pelton Avenue improvements and the Linwood ditch extension, the Pelton Avenue project would benefit more people. Thus, it is recommended before Linwood ditch expansion. Other options to the Linwood ditch expansion include raising the low-lying home on Manorca. Table 6-1 lists the projects in order of recommended implementation. Alternative No. 3 is based on the future land use scenario. These projects should be implemented as the area is redeveloped. Funding Recommendations Based on the review of potential funding sources, CDM recommends the t'ollowing' Determine the desired level of improvements and associated costs. It is important to have a very clear project with scope and costs identified; Once the project is identified, confirm goals and objectives of programs discussed previously; Identify consistency between identified improvements and program(s) goals and objectives; and; Develop funding strategy with schedule. The strategy ma,,,' include grants, loans, or specific project appropriations. 6-2 I I I I I 8B2 ~ TABLE 6-1 RECOMMENDED IMPLEMENTATION PLAN FOR ALTERNATIVES NO. 1 AND NO. 2 Project Priority Level Estimated~.3 Project Cost $ Increased Maintenance (Alternative No. 1) I 137,000.00 2 U.S. 41 Piping Modification (Alternative No.2) I 13,000.00 U.S. 41 Flap Gates (Alternative No.2) 1 8,500.00 Existing Pond (Alternative No.2) 2 90,000.00 New Storage Pond (Alternative No.2) 3 140,000.00 Kirkwood Avenue (Altemative No.2) 3 240,000.00 Kirkwood Avenue Extension (Alternative No.2) 3 135,000.00 Pelton Avenue (Alternative No.2) 4 160,000.00 Linwood Ditch Extension (Altemative No.2) 5 65,000.00 I I I I I I I Property Costs are nOl included. Cost shown is annual cost for first two ,,,'ears; annual cost for subsequent 2,'ears is $62,000. Estimated Capital Cost includes 15% contingency, t2% engineering and 3% administration. 6295h~./ta Ole6.01 ~o/ga 6-3 I I I I I I I I I I i I I I I I I I ! APPENDIX A I I I ! I I i ! I I I I I I I I I CONCEPTUAL GATEWAY TRIANGLE STORMWATER MASTER PLAN Urban land consists of area that are 75 percent or more covered with streets, buildings, parking lots, shopping centers, highways, industrial areas, airports, and other urban structures. Small areas of undisturbed soils are mostly in lawns, vacant lots. playgrounds and green areas. The original soil in some areas has been altered by filling, grading, and shaping. Urban land is nearly level except for some parking areas that are sloped to drain offwater. Individual areas are usually rectangular in shape and range from about I0 to 1200 acres. The slope is 0 to 2 percent. Soils included in this unit are small areas of Boca, Hallandale, Immokalee and Myakka soils with less than 12 inches of fill material spread over the surface. These soils make up about 25 percent or less of the unit. The depth of the water table varies with the amount of fill material and the extent of artificial drainage within any mapped area. Urban Land - lmmokalee-Oldsmar, limestone substratum, complex These nearly level, poorly drained soils are in urban areas of the county. Individual areas are blocky to irregular in shape, and range from 20 to 500 acres. The slope is 0 to 2 percent. 'l"ypically, urban land consists of commercial buildings, houses, parking lots, streets, sidewalks, recreational areas, shopping centers and other urban structures ',,,'here soil cannot be observed. Also, the Immokalee soil has a surface layer of black fine sand about 6 inches thick. The subsurface layer is light gray, fine sand to a depth of about 35 inches. '['he subsoil is fine to a depth of about 40 inches; the upper part is black, the middle part is dark reddish brown, and the lower part is dark brown. The substratum is pale brown line sand to a depth ofabout 80 inches. 'l'he Oldsmar soil usually has a surface layer of dark grayish brown fine sand about 4 inches thick. The subsurface layer is fine sand to a depth of about 35 inches; the upper part is light gray and the lower part is light brownish gray. The subsoil is to a depth of about 60 inches; the upper part is black fine sand, the middle part is very dark grayish bro~,vn fine sand, and the lower part is dark grayish brown fine sandy loam. Limestone bedrock is at a depth of about 60 inches. 2951wlap~e~:~ix a I I I I I ! I ! i i I I I I ! i I I II Ninety percent of the area is mapped in this unit: urban land make up about 4.5 percent. Immokalee soil make up about 35 percent, and OIdsmar soil makes up about 20 percent of the map unit. The soils occur as areas so intricately mixed or so small that mapping them separately is not practical. The lmmokalee and Oldsmar soils may or may not h,qvc been filled or reworked to accommodate urban land uses. The permeability of the Immokalee is moderate and the available water capacity is low. The permeability of the Oldsmar soil is moderately slow and the available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 1 to 4 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. Most areas have had drainage systems installed to help control the seasonally high water table and runoff. I I I I I I I I I I I I I I I I I ! APPENDIX B 8B2'"~, I I I I I I I I [ I I ! I I I I I I Table B-1 Detailed Cost Estimate - Alternative No. 2 Description 'U.S. 41 Piping Modifications Unit Construction Project Quantity Units Cost (5) Cost (5) Cost (S) Rounded Project Cost (5) 24" RCP 160 If 30 4800 Modifications to inverts 5 ea 250 1250 Subtotal 6050 7,865 U.S. 41 Flap Gates Gates 3 ea 1000 3000 Installation 3 ea 500 1500 Subtotal 4500 5,850 Existing Pond Excavation 5000 cy 8 40000 Discharge Structure 1 ea 2000 2000 24" RCP 300 If 90 27000 Subtotal 69000 89,700 New Storage Pond Excavation 4300 cy 12 51600 Discharge Structure 1 ea 2000 2000 24" RCP 600 If 90 54000 Subtotal 107600 139,880 Kirkwood Ave. 24" RCP 600 If 90 54000 18" RCP 1000 If 75 75000 15" RCP 500 If 65 32500 Manholes 1 ea 2000 2000 Catch Basins 23 ea 850 19550 Subtotal 183050 237,965 Kirkwood Ave. Extension 18" RCP 800 If 75 60000 15" RCP 500 If 65 32500 Catch Basins 13 ea 850 11050 Subtotal 103550 134,615 Pellon Ave. 24" RCP 400 If 90 36000 18" RCP 500 If 75 37500 15" RCP 600 If 65 39000 Catch Basins 12 ea 850 10200 Subtotal 122700 159,510 Linwood Dilch Extension Excavation 4150 cy 12 49800 64,740 8,000 6.000 90.000 140,000 240,000 135,000 160,000 65,000 Note: Rounded project costs are used in the report. Costs are rounded up to the nearest 55,000, except for projects less than 520,000. '"8B2 I1 I I I I I I ! I I I I I I I I I i ! _1 Table B-2 Detailed Cost Estimate - Alternative No. 3 "Pond Description Quantity Units 1 (Existing Pond) - see Alternative No. 2 Unit Cost ($) Construction Cost (S) Project Cost ($) Pond 2 Excavation 13875 cy Discharge Structure 1 ea 24" RCP 300 If Subtotal Pond 3 Excavation 10680 cy Discharge Structure 1 ea 24" RCP 300 If Subtotal Pond 4 Excavation 13552 cy Discharge Structure 1 ea Subtotal Pelton Ave. 18" RCP 910 If 15" RCP 820 If Catch Basins 10 ea Subtotal Pineland Ave. 18" RCP 740 If 15" RCP 1150 If Catch Basins 14 ea Subtotal Pond 5 Excavation 15333 cy Discharge Structure 1 ea Subtotal Shadowlawn Dr. 18" RCP 200 If 24" RCP 250 If Catch Basins 3 ea Subtotal Bayside Dr. 18" RCP 620 If 15" RCP 800 If Catch Basins 8 ea Subtotal Pond 6 Excavation 4950 cy Discharge Structure 1 ea Subtotal 8 2000 9O 8 2000 9O 8 2000 75 65 850 75 65 85O 8 2000 75 9O 850 75 65 85O 8 2000 111000 2000 27000 140000 85440 2000 27000 114440 108416 2000 110416 68250 53300 8500 130050 55500 74750 11900 142150 122664 2000 124664 15OOO 225OO 2550 40O5O 46500 52000 6800 1053O0 39600 2OOO 4160O 182,000 148,772 143,541 169,065 184,795 162,063 52,065 136,890 54,080 Rounded Project Cost (S) 185,000 150,000 145,000 170,000 185,000 165,000 55,000 140,000 55,000 8B2" ' I I I I I I I I I I I I I I I I I Table B-2 Detailed Cost Estimate - Alternative No. 3 Description Quantity Units 'Andrew Dr. Unit Construction Cost ($) Cost ($) Project Cost ($) Rounded Project Cost ($) 18" RCP 750 If 15" RCP 1750 If Catch Basins 11 ea Subtotal Kirkwood Ave. Extension - see Alternative No, 2 75 56250 65 113750 850 9350 179350 233,155 235,000 Note: Rounded project costs are used in the report. Costs are rounded up to the nearest $5,000, except for projects less than $20,000. 8B2'~ EXECUTIVE SUMMARY APl'ROVE AN AMENDMENT TO SECTION 4 OF TIlE CONSTRUCTION AGRF_,EMENT FOR CONTRACT NO. 97-2771, REMOVAL OF NON- SPECIFICATION MATERIAL FROM TIlE NAPI.ES BE..\CIt, AUTIIORIZE SUSPENSION OF 'File CON'FRACT TIblE UNTIl, THE END OF THE SEA TURTLE NESTING SEASON AND APPROVE CHANGE ORDER. OBJECTIVE: To obtain approval of an amendment to Section 4 of the Construction .Agreement for Contract No. 97-2771 to cnable payment for the total contract value completed to date and to obtain authorization to suspend the contract time until the end of the 199S sea turtle nesting season. CONSIDERATION: On February 24. 1998, the Board of Count,,' Commissioners a,,varded a contract for Bid No. 97-2771, Removal of Non- Specification .Material from the Naples Beach to C.B.E. Trucking Compan,., Inc. in the amount of $99.9S2.00. I;': av, arding this contract, the Board of County' Commissioners waived the requ!re.,ment for providing performance and payment bonds and approved an amendment to the Construction A~reement to include specific conditions of a'~'ard in lieu of providing the bonds. .As such. Section 4 of the current Construction .Agreement includes the followine condition' "In the event, due to no fault of the Contractor. all work under this Agreement is not satisfactorily completed by April 30, 1998 or an.',' extension to same granted by the permitting agencies, the Contractor shall be paid up to a maximum of tv.'enty percent (20%) of the total Contract value completed to date. Upon this occurrence, the O'.,,ner reserves the right to suspend the Contract time and direct resumption cf u.o;'k after October 31. 199S (end of the Sea Turtle Nestino Season)." Hov, eve~ subsequent to this av.'ard, on April 7, 1998, the Board of County Comm;ssioners authorized an increase to the scope of v,'ork for Contract No. 97-2771 in an amount not to exceed 5350,000.00. In addition, based upon this action, the Florida Department of En,,'ironmental Protection directed that the scope of work should be that of ,,vork effort #4 as described in the staff's presentation for this authorization. This direction precluded the ability of the contractor to complete all the v. ork now associated with this contract within the time frame specified in Section -' of the Construction Agreement. Therefor:.:. it is recommended that Section z be revised as setforth in the attached Amendment to the Construction Aoreement for Contract No. 97-2771 Such ,,,'ill enable the Contractor to be ~ · paid the total contract value completed to date. Based upon stipulations setforth by the permitting agencies, work on the beach under this contract cannot be performed during the period from May 15, 199S through thc cnd of the sea turtle nesting season. As such, it is further Executive Summary Naples Beach Page 2 recommended that the Board authorize suspension of the Contract time and direct resumption of work after the end of the 199g sea turtle nesting season. FISCAl., IMPACT: None at this time. The value of work completed to date has not exceeded the authorization granted on April 7, 1998 [Agenda Item ~S(B)(~)]. GROWTH MANAGESIENT IMPACT: None RECOSIMENDATION:' That the Board of Count>' Commissioners' Approve the attached .Amendment to Sec.:ion 4 of the Construction ,Agreement for Contract No. 97-~771 a,,,.. .Authorize suspension of contract tim: for Contract No. 97-2771 and direct resumption ofwork after the end ofthe 199S sea turtle nes:ing season; and 3. Approve change order and authorize Oh-ice cf Capital Projec:s Management Director to execute same. PREPARED BY' REVIEWED BY' REVIEWED B , _ z~. /c......_~ 5"-"-- D.ATE: Harold E. Hub~r, Project .Manager Office of Capital Preje:.:s ~e'~r i'~"_--~'~ e ,~T, t"~e r i m~'4-'r~, e c t o rD A ' E ' Office of Capital Projects Management Ed Ilschner Public Works Administrator EXE,SUM HEH.Ih.OI attachment cc: Beach Renourishmenl/Maintenance Committee AMENDMENT TO CONSTRUCTION AGREEMENT Contract No. 97-2771 Section 4. Bonds Co In lieu of providing Performance and Payment Bonds as previously' set forth herein, the Contractor shall not receive any payment for work under this A~reement until such time as those conditions set forth in paragraph 4.9 and Section 6 of Exhibit H are complied with, except as setforth below. There will be no consideration given for partial Substantial Completion of Work under this Agreement. In the event, due to no fault of the Contractor, all Work under this Agreement is not satisfactorily completed by April 30, 1998 or any extension to same granted by the permitting agencies, the Contractor shall be paid the total Contract value completed to date. Upon this occurrence, the Owner reserves the right to suspend the Contract time and direct resumption of Work after the end of the 1998 Sea Turtle Nesting Season. If applicable, upon resumption of Work after the end of the 1998 Sea Turtle Nesting Season, all Work under this ,Agreement is not satisfactorily completed by April 30, 1999 or any extension to same granted by the permitting agencies, the Contractor shall be paid up to a maximum of twenty percent (20%) of the total remaining Contract value completed to that date. Upon this occurrence, the Owner reserves the right to suspend the Contract time and direct resumption of Work after the end of the 1999 Sea Turtle Nesting Season. IiEII.DOC.~. I 5 CIt'ANG E ORI')ER TO: C.B.E. Trucking Comp:my, Inc. FROM: Collier County Government 3994 blercantile Avenue Naples, FI. 3.110.1 Project Name: Removal of Non-Specification Material from the Naples Beach Construction Agreement Dated: FcbruaO' 24, 1998 Change Order No.: I 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 3-1112 Bid No.: 97-2771 Date: Mavl§. 199S Change Order Description: (Art.ach jus'Jfica:.icn a.nd suppomng documentation for this c'r&zze ) lncre, as~ scope of work in accordance ,,dt,h ti"at authorization granted by thc Board of Count.',' Con'u'nissioncrs, ~ Agenda Item g(B((1) on April 7, 1998. All work under this Change Order shall be pegorm~ at the sm'ne urtit pricesj:~ntxi, n~ in the original Agr~rn, ont. Additior,,.a.l time is for 15 additioral days of ~tork May 1-15~:r~'FD£P au'*'hori=tiort, plus thc balance of the tunic nesting season t.krouDh October 31, 199:g, plus 90 days to f:,",_l c~mpletion. Original agr=.zment remount ....................................... Sum of prev/ous ch',~ge orders .,":',aunt .............. This Ch0mze Order Amount [ad,/] .............. flevtsed .4.,Treem,¢,':t ,4mou,:t .................... ............ $ 99.95200 $ 000 $ .; 57' ("*,O S 449.952 O0 Ori~inaJ contract tim-" i~ calzndar days .............................. .Adjusted nm-nber of calen~r dm.xs due to previous ch',....ng.': orde:s .................... -9- This ch',-:- order adjus:-'..d time is ................... Revised Contract Dm.e m c.:!ena~.r dee's ......................................................... 314 274 319 Original Notice to Prec,:ed dar-" ..................................................... Completion date b~ on origL-,,oJ contm~ tkme .............................. Revised com?lcnon date .............................................................. 1998 16, Ag~130,199S Your acccp'-~2.nce cf fids ch~ge order sk,_Jl ce rw..i :u : :: a m~ficaticn to our Agrx..-n;:nt and ~:il be performed subject to all tJ':e same te,~,~s .',nd coaZ,::~,:r': -....z cca2:n..'d in our .Azr.,'-,.'me:,: iz~:z,a:.:d ."~e', e. r,..-,,.,,.,-~ in tJ~s acccc'-.,'w2 T;--,: ad;usrrnen:, fizzy, t> tn:, .:.zr.:cment sha'.l a.s fully a.s if thC S~q"le t~,ere -~r .... . . ' ' constitute a ful .',nd final se:dement of'mr,' and aJl cZai:T.z cf r:ne Con:mc:or an~:-z cu' c.i or relate4 to. the chzm£z set for-,,h herein, inc!ud;ng c!ai.'rz For L.mzac: '?_-._~ c_/elav cos:.s Prepar~ by: Harold ~ tluber /",-.~'--~c''''-''5'/~~,-,- Da::: ocP,', __r 7] t,I ,ag:r (,i? or :-pe name> tractor (sign and pnnt or r>'pe nam:) Richard Hcllriegcl, P.E, OCP,M {ntcrim Director ([:or Use by Owner: Fund: 195 Cost Center: i 10406 Object Code: 763100 G:U:orms\Change Order Master.doc Revised 02103/98 Project No' g0725), _ ,5-__~] ~q/frS' sc.-.._ / ~<_.'6) (7)< HAY ..f'gJ3~S ~,:,..../.,1. ~- .... .. Amendment to Construction Agreement Contract No. 97-2771, Section 4. Bonds Page 2 ACCEPTED: C.B.E. Trucking Co., Inc. · Y j.--" .- ~ · .; . ~/' '- R. E:'Cadenhead. President Date: Approved as to Form And Legal Sufficiency By:, Assistant County Attorney(/.) "' / Date: '~/J~' dY Owner, Board of County Commissioners of Collier County, Florida By: ~t'~,.%,,,,,2v, (~ C~x.X.'k~. Date: Attest: Oxvncr. By./ ~ '-"-~" / c. ,,...~.,~.,,~ .... Dwight E. Brock, Collier County Clerk of O~tlrtS - , '7 ."" "'. ;.,-. t:':,-larl ' $ . '.' ~ ', i ' 8O2 RIiS()I.IJTI()N NO. Rli.S()I.I ITI()N Al l'l'l I()I(IZIN(i I!.'q'l'()l'l'l(I, I,I.TTI(R ,'ql!R Vl('li AND 1'2qTAIII.I.~I IIN(~ A 1"1'3:, I:()R SI l('l I SIiRVI£'I(. \VIIIiRliA.~. Thc ('oilier ('ounl.v I)cparlmcnl of Rcvcm~c (hereinafter "dcparm~cnt") is responsible Ibr maintenance of special assessment roils and Ibr Iht collcclion of all monies duc County Ibr special [ISSCSSI11ellIS approved and authorized by rite Board of ('ouniy Commissioners: and WI II']RI~AS. Thc tlcparlmcnl is responsible [hr Iht administrafitm and collection of all llnanccd walcr and sewer impac~ Ibc receivables as well as Ibc monfldF billing and collcclion of x~alcr a~ld sewer consUmplion char~cs; and WIIERI.~AS. Individuals. lille companies, real csta~c companies and attorneys involved in real cslalc Iransaclions nccd and rcqtfirc accuralc payoff inlbrm~lion regarding special asscssmcnls, financed impacl I~'cs illld x~i~lcr ct~nsumplion as o1' Iht closing dale o1' Ibc [rallsilc[ioi1. ~11 l~los[ II'allsaclio~lS. lifts inlbrmafion is included Oll Ibc lransaclion closing documcnls: and WI IERIbXS. Thc dcparlmcnt has crcalcd and uses an "estoppel loller" lbrmal (almchcd as Exhibit I ) and procedure. Blank copies ot'fl~c estoppel Ict~cr Ibrm have bccn provided m lhosc chillies (rcahors. atlorncys, liflc companies, tlc.) involved in real property transactions. These entities fill in certain inlbrmafion concerning individual real property involved in a Iransacfion ,n Ibc estoppel loller fi~rms and lhx Ibc copies Io ~l~c I)cpar~mcnl o1' Revenue xia a dcdicalcd ~clclhx linc. Slaffrcscarchcs dcpaamcnlal records, fills in flit approprialc counlv- related I~alanccs lhal will be duc as ol'lhc closing date identified and Ihxcs (transmits) Ibc complclcd csloppcl fi~rm back Io Ibc rcqucslin~ party; and WI 11'3~I.[AN. Althot~gh lifts service is a,t a l)rim:trb' ~'t,~ctJon of thc clcpar~mcn~, thc service docs proviclc a significant bcnctil m fltosc entities in ('tdlicr ('Otll/Iv involved in real propcrlics Iransaclions rcquirinff ch~sillgs: Wt II[RI~AS. Ibc time. humm~ resources, and material rcqtfircd by flit dcparm~cnt stuff' ,~ provide this estoppel Ickier service has a value and cost tirol.justly requires [l~c imposition ol'a reasonable, proporfionalc K'u Ibr said service. N()W. I'III.]RI(F()RI(. BI! IT RI]S()LVI(I) I~Y Tlllf B()ARI) ()F C()[ rXl'Y ('()MMISSI()NERS ()F ('()I.I.II.[R C()I~N'I'Y. FI.t)RII)A ~hal thc B-ard hereby auflmfizcs thc o1'2 8D2 I)ep,'trlmenl of Revenue Io prepare ils own program m~d procedure Io provide an "estoppel Icucr" service fi~r the persons and business interests rcqucsling such service. l'l' IS I:{ ',RTl IER RI~S()I,VI':I) that thc Dcparlmcnt of Revenue shall require and receive a t~c of Two Dollars ($2.00) Ibr each estoppel letter the dcparm~cnt prepares to pay fi~r thc costs o1' creation and transmiual of said estoppel letter. IT IS FURTIIER RI{SOLVI~D ANI) STATED that the estoppel letter documents arc not recognized as official r~cords ol'lhis Board or Collier ('oun~y. and lhe Board Ibr itself and the County disclnims any liabilhy lbr any errors in Iht inli~rmation provided in any cstoppd letter and docs not WarHIllt Ihe acctlracy o['thc inlbrmalion prm'id~d thereon. This Resolulion ndoptcd allcr motion, second and m~tiority vtnc Ihvoring same. I)ated tiffs ff'.z~_ day of May. 1998. A']rI'EST:' 7. "...' · ' I)WIGHT I.:. BR~)CK. Clerk ~ Deputy Clerk '" ' Attest as to Chal~'~ ~gnature on~. Approved as to mrm aha legal sullicicncy: I)avkl C. Wcigcl Cotmly Attorney I~,()A RI) ()1: ('t)l WTY ('()MMI.',;.',;I()NI(RS ()~: ('()[.I,l[.]~ ('t )t ~N'I'Y. FI,OI,',II)A Page 2 o1'2 "8D2 liXIIIBIT l Ib\(.~E I ()F 2 ESTOPPEL LETTER NO COVER StlEET NEEDED WHEN FAXIN(; COLLIER COUNTY I)EPARTMENT OF REVENUE SERVICES FAX - (941) 403-2312 Please complete the first eight lines and FAX to (941) 403-2312 - Please remember when faxin~ throuvh your computer it ~nust be legible, preferably ~'ped not hand svritten. Incomplete or illeffible information will not be returned. Please tx'pC fidio number on the first and secoml page. 1.) Name of person/company requesting information: 2.) Phone Numl)er: i::~x Number 3.) Complete current property owner of record: Last Name First Name Middle Initial Complete Site Address: 5.) Folio (must be eleven digits) & (please supply fiflio number on lop of 2'''~ page) Number: 6.) Legal Description: 7.) Vacant Lot 8.) Closing Date or In]proved Lot (extremely important) (please check one) ASSESSMENTS(on property tax bill - non-ad yah)rem) Current assessments(s) due on tax bill: to see if paid) Make check payal)le to Collier County Tax Collector Remaining payoff amount: Make check payable to Board of Count)' Commissioners Payoff good through: OTIIER ASSESSMENTS (not on tax bill): (check with Tax Collector [ 11 [ [ l[ [[[llllll I lll .....Ilfllll--- -- PA(; E I I'~XI IIBIT 1 PA(iti 2 ()F ~ FOLIO NUMBEI,I (must he clcven digits) SOLID WASTE MANI)AT()RY (;ARIIA(;E C()LLECTION(assessments 1991- 1996) Account Number(s): Payoff Amount(s): Payoff good through: Make check pay:al}lc to Board of County Commissioners UTI LITi ES (~Vater/Wastewater): Utility Account Number: Monthly Utility Amount Duc: (last hilled date (please be aware there may be a final bill not )'et calculated) (ahove includes any past due financed Utility fee monthly payments) Financed Impact Fee Payoff Amount: .(must be paid in full at the time of closing. The impact fee is not assumable.) l'ayoff good th rough: Make check payable to Board of Count2,.' Commissioners I)ISCI,AIMI,;II: This document is not an official rccord and has been preparctl at the request of recipient. The l)epartment of Revenue Sen'ices of Collier Count,,', Florida and its employees disclaim an)' iiabiliD' fl~r any errors in the informatit;n provided herein and do not warrant the accuracy of this information. To assure accuracy, you should have an independent search prepared by a qualified abstract or title company or an attorney at law. The delinquent records for Collier Count).' are open for inspection by anyone desiring to perform a search. John C. Norris District 1 )imothy L. Hancock, AICP istfict 2 rnothy J. Constantine islrict 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiarni Trail · Naples, Florida 34112.4977 (941) 774-8097 · Fax (941) 774-3602 May 19,1998 iOA The Honorable Lawton Chiles Governor Office of the Governor, The Capitol Tallahassee, FL 32399 RE: House Bills 4071 and 4141 Dear Governor Chiles: While convened in regular session on Tuesday, May 19, 1998, the Collier County Board of Commissioners discussed the implications of the above-referenced bills concerning the preservation of the Florida Everglades. At that time, the Board voted unanimously to urge you to veto both bills. The chief beneficiary of House Bill 4071would be the sugar industry, which stand to gain millions of dollars in compensation for their land holdings, at great expense to the taxpayers. House Bill 4141 would add a legislative hurdle to the purchase of lands in the Southern Golden Gate Estates. This process has taken far too long and further delays are unacceptable. Again, it is our strong feeling that House Bills 4071 and 4141 pose a real threat to the future of the Everglades and we strongly urge you to veto both bills. ~i?jt~Y .Ll'5IanCssi6ner, D~sCtkr;ctA'2I'C'P' / C/ Cb'mmissioner, District 3 ;Pamela S. Mac' Kie Commissioner, District 4 Florida House of Representatives Reply [] 3301 l'~ast Tamiami Trail. Adm. Bldg., .qtlile 304 Naples, FI. 3..1112 (9-11) 263-1F)22 Fax: (9-11 ) ,13,1.5019 [] 1202 The Capttol Tallahassee. FI, 32399-1300 (90,1).198-1.187 Fax: (90.4) 922.1277 Burt L. Saunders Rcprc~ntalivc. 76Ih District Ma)' 11. 1998 M e nl O ri.I Il d ti I11 Conlmittees LCIR. Chair Rcgulalcd Services l'~nvironr'ncnlal l')rotcclion I tcalth Care Standards & Regulator' Rcl~rm 118-2 FROM' RE: Burt 1,. Saunders l~vergladcs Restudy Bill (lib 4141) For four .,,'cars in tile Legislature. I have worked with the environmental conamunitv to protect l:lorida's fragile environment. In 1996 and again in 1997. I received thc Silver Star Awards. thc second highest awards given to members of thc l~cgislaturc by tile I,caguc of Conservation Voters, for my pro-environment voting record. In 1995. I was named I'~nvironmcntalist of thc Year by tile Florida Local Environmental Regulation Association. the association representing all local pollution control programs in Florida, tbr mv cflbrts in reference to defeating thc Environmental Self-Audit Bill and legislation thai would have declared that melalucca infested wetlands could be filled in and developed without any mitigation. Both bills would have resulted in significant environmental degradation. In IO98. i worked with environmental groups on post Preservation 2000 legislation that will serve as the fi)undation tbr the continuance of the successes of P-2000, and received an award for my efforts to preserve our precious ecosystems from the Trust for Public Lands. With rapid population gro~,~,lh, our preservation cfforls must continue, especially as tilex' relate to Everglades restoration. The Florida Everglades is a national treasure that is unquestionably the most imPortant ecosystem in Florida. My purpose in filing House Bill 4141 is to fi~cilitate those restoration efforts. Everyone agrees that this restoration effort will require large appropriations, possibly as much as $215 Billion. from the Florida l,egislaturc. The Legislature must be involved earl.,,' on if this level of funding is to be maintained, especially during hard economic times. lIB--2 The promise that I made to the South Florida \\'ater" ' · · Management Dtstnct, to the, Umted STates Army Corps of Engineers, and to representatives of Florida Audubon and the Ex er.qlades Trust was that I would craft legislation that was acceptable to them prior to proceeding ~'ith hearings before tile House Environmental Protection Committee. As evidence of the fact that the final product was acceptable, attached are copies of notes from various groups, a publication entitled "Glade Current", and the transcript of a portion of the testimo.ny before tile House Environmental Protection Committee from Charles Lee (Florida Audubon Society), Emie Barnett (Florida Department of Environmental Protection), Peter Antonacci (Everglades Trust), and Nlike Slayton (South Florida \Vater Management District). In Glade Current, it is stated, "... Saunders changed the bill to ensure that his lc~,islation would not impede Everglades restoration efforts." Thom Rumberger said, "Represent~ative Saunders is to be commended for his efforts." Rumberger, an attorney '.vho is reasonably expected to understand proposed lav,'s such as HB 4141, no,.',' states that this lcmslatton .... obstructs Florida's ability to receive millions of dollars from Conuress for ExTerglades restoration..." He has not explained why HB 4141 is a problem, even tho~h the U.S. Army Corps of Engineers and the South Florida Water Management District. the a?qencies chartzed ~'.ith the responsibility of overseeing Everglades restoration, have publicly stated that this l~islation will not impede'in any v,'av our restoration efforts. David Guggenheim, President of the Consen'ancy of Southwest Florida. ,,'.'as in Tallahassee shortly after the vote by the House Environmental Protection Committee. Mr. Guggenheim }lad apparently spoken with representatives of the regulator3.' agencies and/or representatives of the environmental community. Mr. Guggenheim came to my office and thanked me for working out the language to ever3.'one's satisfaction. He apologized for his Naples Daily News Guest Editorial, explaining he had to '.,,'rite something quickly even though I had told him in advance that I would vvork out the language. Mr. Guggenheim even told me he would be sure to inform the members of the Conservancy in a newsletter of my efforts to accommodate the concerns of environmentalists. Mr. Guggenheim said that I could "use his name" in mv communications explaining that I had resolved all concerns with liB 4141. I did not hear of any objections to tile language in liB 4141 until after the vote bv the full House of Representatives '.,,'hen I received a copy ora letter dated the same day as the v~te and addressed to the President of the Senate. I '.vas told by Eva Armstrong of the Florida Audubon that she changed her position on HB 4141, not because of any problems with HB 4141, but because she felt that the sugar industry had been "sneaky and underhanded" in reference to an amendment the industry was pushing on other bills dealing with eminent domain. I was not involved in the filing of that language and it was never contemplated as part of HB 4141. I II IIIIII IIIIIIII II I I I I - IIIImlll i i i ........ , .... Attached is a cop.,.' ofrnv Guest Editorial explaining `.,.'hat is required iix [-IB 4141. In no way ','.'ill }-lB 4141 slow down or impede the development of tile Fvcrglades Restudy and its dcliverv'to the United States Congress in 1999. The House Committee on Evergladc~ Oversight `.','ill ~eview the draft restudy and is empowered to "comment" on thc draft restudv durin~ the fedcratlv required "comment" period, the same as an.,,' individuals or entities. ~'othin~ in the bill r,Jquircb acceptance by the South Florida Water b. lanaeement District or the Corps o~ Engineers of an,,' "comments" by tim l.{ouse Committee. BothT~gencies have r'eadilv accepted that as a proper'role of the Florida Legislature. If the South Florida Water Nlanagernent District comes to the Florida Letzislaturc for an appropriation for the construction of any proposed ,.`.'orks rccon'mlcr~ded ~,.' the Restudy. thc House Committee ,,,,'ill evaluate the proposed appropriation and make recc~mmcndatior~s to thc House Appropriations Committee. This is no different than the process the legislature goes through on all requested appropriations. This process is particularly important when one considers that tim requests could exceed S2.5 Billion. Ifthe Legislature fails to act. the South Florida \Vater Nlanagement District may proceed with the project, but without additional funds from the Legislature. This "default" language ,.,,'as requested by tile South Florida \Vater Management District anti resolved the last problem or issue the South Florida Water Management District had with tile lib 4141. In a recent conversation with Mr. Mike $1avton of the South Florida \Vater Management District. Nit. Slayton reiterated the District's supp,~rt of the compromise language in ltB 4141. The objectives of the environmental community are critically important for the future of Florida and I commend them For their efforts. I '..,.'ill continue to v.'o/k with them for the Future of Florida. }-tov.'ever, if environmentalist are going to be successful, thev must be seen as reasonable and consistent. Flip flops ofopinion do great damage to the credibility of all envirom'r~cntalist. It is also important for my constituents to understand the full story, behind HB 4141, and my credibility depends on a full explanation of this bill. I firn~lv, believe that the compromise language will facilitate Everglades Restoration by appropriately involving tile Florida Legislature. I will be happy to provide any additional information concerning this bill or the process that resulted in the compromise language. F L 0 R I D A AUDUBON c 0 C I ET '~' 11B~2 The Audubon Society National Au dub o n~ L'..:->~. · "~,_:~, Society'=~ 102 Ea~ Fourth Avenue, Tallahassee, FL 32303 llB 2 "~ THE ', 1 'l'h,,,,, Ih,,,,I,~rl~'r .lu ,'/¢,:~11 .'~ I:1~1 I I,,.,,' I'.~ (], I-,~,~!.. !"1. ~11111 Nathaniel Pryor Reed April 7, 1998 Via Fax To Representative Butt Saunders Nathanlel Reed You can quote me: "I am delighted that you spent a produc:2ve v, eekcnd modif3,'ing the language or,he bill that you successfully passed tkis morrfing assuring Legislative oversight but not impeding the desperately needed Everglades restoration effort." "You have taken a leadership role chat is much apprecia:ed by taxFayers, water users and environmerttalia~_s." Nathaniel Re=d ,.~ P.O. ~ox 1213,/'l~,e .Cou,:d. Florida 3,.'3475 · 11841 SE Dixie H:ghwa}; Hobe $oua'~d, Florida 33455 Voice tg61} 546-2666 · Fax (56!1 546-5019 * E-nuail: hswc~'fl~et corn FLORIDA ;me agencies ,,','ill be limited to Florida courts for condemnation lawsuits, rather than federal courts, ifrdg~ indus'~, h~ its ,~'. nv..And. ccording to envi.ror,.men,~su and many state analysts, r,zmo',-ing the abili .ty to resort to the federal com'ts (wh/ch k~"ps he !and ?r~ces !own) ,,,,iH cost Flor/da w. xpayers millions o f'dollars. TNs isj'ust ~ot,her sch .er,,,e for a~cultural interer~ vdthin the Ever~!~es A ~cu.ltu_,'-,J A.,-ea to ta.t:e more £mm tk, e E ver~!zd-..'s :~::c r"a- ion for then'Lsel,,'es," s~d 'l"no m Rumberoe,-, Cx.,'neral Counsel for the Evc. rt:,!~ Trust. 'The ta.,:r~ave:-s omeone eise's mess. Nov,' v.'e'll ha,,'e to pay more for land vve have to bu~, to clean up a mess we did. n't make." main ,target of the proposal is 'd":e South Florida ",Vater Marmaement Dis"dSck wk/ch plans to use l'eder-,J cond:..'m, nz:./cn r,..d ts :o e~ta. Ln ,.nd for restoration ofthe K.issimm~ R,i,'ver. Them has a/so been conside:"ation bv the Diswict o fusing the same proc::.ia:e :o cbr~n .~culrurn,..] laqd for Ever. gb, x!es res;oration when negotiar/ons to purchase l~,':.d fai~. :~e:er..~qtonacci. Courze! for the Ever. glades Trust, said thoa this =don by the a_,-zicultu.~ interests is in c~,~: con~dJc,fion [o ...x.W,e..-:.d- neat 5, wh/ch ,.'.'~ supported by 68. I pm'ct.mt ot'Tlor/da ,,'otc-rs. A..rne:'.,dment 5 ',,.'as d~i~ to force polluters ',,.i thru the E..L.x. ro clear, :p I00 percent of the pollution they caused. (Continued on Other Side, See Taking Everglades .llonev ) 1-ne Everglades License Plate bill, sponsored by Senator Charlie Cr'/st (R.-Pinellas) ~'nd R~r~entar:i,.'e La.,'r?' Crow (R-Dunedin), is continuing to move t.F~u~ the House ..md Senate. ~ 3525 passed unan/mously out of the House Finance and Taxation Committee, :haired by Rep. Bob Starks (R-Cassleberry), on Tuesday. The bill is now scheduled :o go to the House General Government Committee, chaired by Ken Pruirt (R-St. t..ucie). .qB 790, the companion Everglades License Plate Bill, is on the Senate Calendar and ,.till go to the floor pending Special Order. Enom Rumberger, General Counsel for the Everglades Trust, said that this bill is not (Contbtued on Other Side, See License Plate) The Restudy Bill, sponsored bF' Re?resenta- fi,/e Burr Saunders (R.NaFIes) and Senator John Laurent ~-B~o'.v), I-.~ p~sed :..~ u ~,,. several other committees this 'veek. Originally, HB 4141 '.,,'as desired :o place the legislature squarely in the middle of the science-based redesi~ of the Central and Southern Flor/da Flood Control Project (CSFFCP) more commonly kmo,.vn as the "Restudy." As a federal public works project, the US Army Corps o fEngmeers (Corps) 'Mil xovide half of the funding for the CSFFCP and require the other half to come fi.om the (Continued on Other Side, See Restudy Bill) Ns is just mother, example ofthe contempt for the people's ,,,,-ill as expressed in the lluter Pa5,' Asnendment to our Cormti mtiort," said Antonacci. ' TI-ds is not .`vhat voters mt and the Le~shture should dismiss it as a taxpayer rip-off." :cording to sugar representatives, the proposal is targeted to be au. ached to a techni- I bill implementing the s'ate budge:. Once arta:h,..'d to the Bu%.. s house-,..1 '~earun_ 11, the proposal .`,.iil be dj tEc~t to ~emo.`'e. they succeed, the proposal ,,,,'ill inflate taxpayers costs b.,,' as much as 30 percent, cordin, e Chuck Rina!cii, the '~ ' . dj.,, ,ct s d~ut5' land manager. As an exa,'w..,pte of;he con creases, :~ 526 million proje:t land cost for one Everglades filter m.~'-sh in v,'estem tim Beach Coun .t5, would be pushed up to S34 million. he bill ',','ill go alL-etd,:' to both d-,e House and Senate floor' u....e n," ac. st,.,,"-' ""~,'m o fAopro- ia;Sorts Commit~e~ a pro. lee;ca cost ol $$ bil!ion, that federal ma;ch is ve:'y impof tan; in order to "re-plumb" Sout:'~ FlorSda to meet the projected wa:er s:.:,pp!.,,' r. ev~ o frml- lions o fp'-,.'oplc ~ '.veil ~ c'r, ~.:.%n g don of the Everglades res:c~Zcn '...rc.jez:. As origS.nally xt,-dtten, this could h:ve slov,'ed the restudy process, ,.t hiie e.-.cM:',ger- lng federal funding for the project. But Saunders changed tine bill to legislation would nc: L,7,,rcde E ver.-,hdes ;oration efforts. Among the amcw..dmen~ Ia thc kill. tine !e~s- la ~"e ,,'.'iii no'.',' h.'.-vc modify or reject u,e~' Pro.i=::: Cccrdi:~a:!on A~_c~zemenLs be.':,,veen the Sou.'_h Fi:c ~ \\:a- let Management Dis,'r'i;c: (ST¢C,.ID) and Arvn':' Co~.s of Encinee.~ or. a.'-, :.-..".:.:ii ba- sis. 'Fnis will ?.'c ~c Ie~sh.".:re an c F.:c,~-'- nicv to re';iew tofo ,mn. ar. on costs for an.,,' proposed croiec: er change resuhino_ from the thatv.'ould'~ prote:ta~'a menri,n~ the re,ad,.' rS,.7- qi.',' impoaant because :~ ',,.'~11 s',.:-_=iv a.. . conunuous fund:ag sou-ce for ;he E".e.=.aa~s'-; '" :lbelt a small oneL leu: also be:;use it represents a shared co,.~..'~:,.."-:.en: :o save the verglades from all sides involved. I"nls btll has been sup.;or;ed by eve.'7one, h.c,ud,n= t,,e a=gri~cukural imerests wi;hit, :e E..-LA." sa~d Rum~erger. "h :s a good b:il and reprezents the impo~ance and need res;ore the Everg!ades." .umberger also poin:ed out that over 20,000 registered veh:c!e o~',-n, ers showed their · 'filin~ess to purchase an E;'ergiades License plate by signing a peel;iOn for it late year. LII fees collated annually by the sales of the license plate will be transferred to the :.verglades Trust Fund. v,'kich ,,,.'as established for conservation and protection of :atural resources and abatement ofv,'ater pollution in the Everglades. The Fund ,,'itl be administered by the South Florida Water Management Disu'ict. Thom Rumce ..... Geze.~i Ccu.-.se! :'er dc.,: Everalades T:'.:sL SaLmders is :o i:.,:, 'am .... :-.~ "-- '- .... :"-,--" Rumberger. however, cau::c r.e~ '.c'__'~.~ la~:', leaders against an',' pro_re'ess on the rcszomnon FtC:e::. HB 4141 su]l has :o be he2:~ '::. ::-.e House: Gen, er'.N C.,.avem. m~t..~.c~ncFz..acer.: tee before it goes ~o the fluor :'ct .i:bate and it is not on the agenda for :beer rr, e:::ng on the 14th. It is anticipated it ',,.Sil be ~iaeed on the agenda for the committee's me::ing tenta- tively set for Tuesday, April 21st. SB 2356, Senator Laurent's com;&,',.ion to the Restudy bill passed unanimously throu~ iLS first hearing on Tuesday, April I-'. th befor~ the Senate Natural Resources Cemmit~ee chaired by Sen. Jack Latvala (R-Palm Hat. bar). PUBLIC TESTIMONY BEFORE HOUSE CO:'~ITTEE ON ENVIRO~;~.!ENTAL PROTECTION RE: HB 4141 Charles Lee representing Florida Audubon Society: Good morning Mr. Chairman. %'~e would like to thank the sponsor, Rep. Saunders, for working with all parties on this matter. I think the bill is now comported, will certainly not harm'and in terms of its bringing the legislature in a positive Qay into the process eught to be seen as helping the Everglades restoration process. Frcm our standpoint I think the amendment looks good. Thank you. Ernie Barnett with the Florida Department of Environmental Protection and we strongly support the amendment. Peter Antonacci - I want to thank Rep. Saunders and other members of the committee and staff for having worked with us to accommodate our interests and we look forward to working with Rep. Saunders and other members as the bill travels through the process. Hike ~',~ with the South Florida Water ~anagement District - I would also like to thank Rep. Saunders for working with us cn this late last night and all the other parties We support it and appreciate it. ' 11B 2 Florida House of Representatives Burr L. Saunders Reply Io: P, cprescntafi,.e. 76~h District tn 3301 East Tarnia:ni Trail. Adm. Bldg, Suite 304 Naples, Fl. 34112 (941) 417-6220 Fax: (911) 417-6223 [] 1202 The Capitol. 402 $. Monroe St. Talla. hassee. FL 32399-1300 (850) 488.4487 Fax: (850) 922-1277 Committees LCIR R::~ulat~d S~':, ic::'.~ Eh,, ironmcmal [ical:h Care Srand:,..:2, & RegulatorZ. SETTING 'I'tIE RECORD STRAI,";,ItT a Guest Editorial bv Representative Burr Snunders There has been considerable attention reaardine my sponsorship of House Bill 4141 le~slative oversiv, ht ofthe Restudv for the ~entra'~ & Southern Florida Flood Control Projec, Th~ Restudy will ~ide Everglades restoration and water management in South Florida. The Everglades set",'es as a national treasure, deserving ofour stronr, est restoration efforts. My purpose in fiiin~ the bill is to ensure Everglades restoration proceeds-unimpeded and all competing v,'ater user~ are adequately considered. The bill represents a consensus product supported bv varied 2roups such as Florida Audubon, the Everglades Trust, the Florida Land Council, and all'a,_,ricuh~ral interests Florida Audubon has stated that this legislation ,.,.'itl in fact help facilitate our E~'erglades restoration efforts. V,,'hv should the legislature be involved? No other planning process has the potential to impact the landscape of' South Florida and the way v,'e manage water to the extent as the Restudy The recommendations of the Restudy are estimated to cost from S3 to 5 billion dollars, one halfefu.'hich ,.,,'ill be paid for by' Florida taxpayers. I support the Restudy and applaud the work of the Corps of Eneineers, the South Florida Water Management District, and environmentalist in developing the Res~'udv for submission to Conuress Once approved, the legislature will be called upon to provide up to ~I00 Million per year fo~'each of the next tv,'enty-five years. Unless the legislature is meaningfully involved, it is unlikely that le:'el of funding could be maintained. Environmentalists understand this and are supportive or' mv legislation. The Restudy will affect nearly 50% of Florida's population and redirect the source of water supply for much of South Florida. Without strong support from the legislature, the Restudy could end up as just another plan on the shelf. My bill is designed to make sure that doesn't happen. By invoivin~ the legislature from the start, I hope to commit the state to solving our environmental and water supply problems. 11 .2 Will this l~islation impede restoration efforts? No. I have ,.vorked wkh all affected interes:s so that no delays ,.,,'ill result. This legislation is no',,.' supported by the Corps ot'Eneineers and the South Florida Water Management District, as well as all competing ',vater users in the~outh Florida region. These groups support this legislation because it in Fact `.,,'iii Facili~a:e our res:oration effo~s. What does this legislation do? The Legislative Committee For E,.'ere!ades Oversight, as an interim project, will evaluate the draft Restudy prior to submission to Conn~ess, and `.,,'ill ~e empowered to provide comments on the Restudy to ensure that all competing in"(erests are properly considered. The comment opportunity ,.,,'ill not result in de!ay in submissi~r~ of the Res:udv to Connress. Once the Water Management District is prepared to gegin constructio'n bf project~ requirin~ legislative funding, the Committee for Everglades Oversight ,,,,'ill evaluate those projects for inclusion in the budget. This oversight function is no different than that for an,,' expenditure of tax dollars, and is clearly the responsibility of the legislature. If the Le=islature fails to take action durinc the >'ear of submission of the proposed project, the Water Management Dis:Nc: ma.,.' proceed with~the project. Is this legislation a "bailout" for the sugar ind.str?'? Absolute!',' notf As a vvater user, the sugar industry supports this bill. However, this in no ,.,,'as' reduces or changes the suear industrs"s obligations to fund Everglades restoration. - Crafting legislation is a process requiring understandin=_ of all comaetin=_ interests. The process includes bringing all parties together to facilitate the negotiation of: le:zislation that accomplishes desired objectives, while contemplating all concerns. This lezislation accomplishes the coals of' pro',.iding oversight and legislative involvement, v.'ithout impedin~ in any wav the impo~ant restoration of the Everglades. I have worked to help protect Florida's fragile environme.qt, such as crafting legislation that will serve as a successor pro,am to Preservation 2000 to continue our important efforts to prese~'e our natural ecosystems. I pledge to continue those efforts For the future of' Florida. N A I~ L ~ '~ .,,r.~,~..ea,,~ Saunders' Everglades restoration bill clears second hurdle Tuesday, April 07, 1998 B)' MICHAEL PELTIER, Tallahassee Correspondent Ders24 Hoots 1 A mangrove stances in an early morning calm at ~e mouth of Gr=vey',rd Creek deep Lu Eye'lades National Park. ¥Iorida Iawmake.,-s would have more sav in how 55 billion in Everglade4 restoration money would be'spent under a bill mak/ng iu way to the House floor. Cemeron Giili~Cq'q~ TALLA-,t'L~SSEE · Florida hv,.'m, a.kcrs ,,','auld have more sa',' in hew S$ Iai!Hen in £ve.'~lades r:':tora:ion mcn:v would be s:en: u.-.de..' a bill that passed its second hurdle Tu~day'afer much r. eg:d:~tion by t.5,: NIl's sponsor. Weeks after [:dn~ bIas:~ by envircru'r, cntalists ','.'ho fca:ad ~.e bi!l ',,vcu!d g~.",d Everglades restoration lo a halt. Rep. Bu..'-: Sau.n~c.'-s. R-Naple.% watche:J ~ l~ders fi.am Lb.e Florida Audubon 5ociep,' ~d &: Evcrg!ade~ Tra.~ tea, ired in favor of,his mca.sure p~ar to ~; unanimous appraval by members of the Ho~e Envimv. m.,cn~I Protection Com. rcine:. 'The trill as *~rten v-ill certainly not harm. and in term~ of the Legisl:',mre ~ a post,ye way into the proc~ ought to be seen l'~Iping the Everg!ade~ restoration proce~:s,' Audubon prairie'at Charles Lee ~ald. 'From our :tandpoint (the bill) looks good." Sau.nde..'s' Nil has one mOr~ stop in the committee before reaching the full House. Mea.qwhile, a ~imilar bill is traveling in the Senate. Supponcr~ of the House t3roposaI said the state should become more Wedne:day, April 0g, 1998 ,a..nywn e~. Anyt:.m e. Sea_-ch 8:19 A.'vl inveh'ed in the cle~up beeatts: k ',,,'ill be required to pay up to 50 pcxcnt of cleat, up costs, which could cost he state more fl~an $I00 mJEion ~ yezr in the ne~ 20 years. Saundcri' original me. ute would have required la~nakcrs to approve any ~.d ~I! appropriation for future Evergl-3des clelnup, a s~znce I:acked by agHcult'm'-al interests a.r.d la-ge la.qd.ho[de:s. Water ma.".agemen: dls'.Hct of:'ic!als a.':d cnviron.~entalis:s balked, saying le£!sla/i've knactien c~uidjeap~dize fcdc:~ The modified proi:os~ Frovides g~ater ~::l'aires legislative approval, it ~!Iows with re~zraicn v,'ork if state Iav, w..akers f~Is to "~s is a bill ti'~at ',:,'ill actuaiIy e,.x.~-~ce restoration effor'.s a. ad et'ts'are that ~.!l the ezmr.¢ting water re.sets ate ~equa:ely considere'.i" Sa'ande~ ~,ald. "It also ensures t.ha: the legislative o;'e~ight ofota- l::udge: ,,,,'ill be appropf, at¢." The [:ill w~ scheduled far a vote Monday morning, but o!zpasing ~rouFs had }'et ta ~ack consensus. Wi~u: such consensus. Satmde:"s temporarily l:ulled tee bill f:.om cor~idcra~er, ar~e: sT. okezmen fcr tSe U.S. A,"'m7 C~rps of E.".gineers to!d cow,:ni.qe.~ membcn that tko [:re.:osol would .qct jeopa'd!ze V'ojec: ',','cfi< cr £e"deml f'~d ing. It v,~n't until e=b' Nlcn::lay evening ~.,., Sau.::dea cony(nco! enviror..rr',.ental grcu~:s to ,.'ign cn ~o thc bill. wi"Jch alread'.' b.:d been l:acked by l',:.ndovmers and O,e corps. "CtaSing [e_eislation i.~ a proces.~." S,:u:'.&-:= said. "% ,'Y~t [ '.,.'az ~o do w~ t'rir, g alt O,e lean, ice ir. to tl':.e sm'n:: room and went it word by v.'ord t: find ou~ xthat each person's cence.,T.z ',',er,,:. It ~ acouple ofda?'s to do, but we di~. it." 5-r.e co~s is state~ t...' complete a ."easit'iii.? sr.:dy of the cleanup offer,, a.r.d ':ubmi: the pla". tc Ceagre=~ by mici-15.99. Satmder~' erigir, a! plan would have requir-:.d ~e Legislature to ap.crove the comgreh:nsi,,,e plat. ?flor to submktal to Cor. g:ess. Und.'r the revised It:ill legislative approval is not req'.iir.-d. 1 Wedr, e~day, April 08, 1998 8:19 t:C h,' (9.11) 3,35-0224 m 24.12 Dr. Martin Lulher Kin9 Jr. Bird Fort Myers. FL 33901-3987 fRITZ JACOBI TERRY ERERLE Publisher Exceulive £dilor VICKIE KII.GORE GAIL PALMER Managing Editor ~ :, ~ilodal Pag~ Edkor A G~NNE~ P~E','gSPAPE~ I 2B . SUNDAY, A~RIL 5; 1~8 *"' . . Was only ah~r3'~gisiative inter, ,':'Legislators should · ,. review 'Glades plan 'Ii A surprising fight has erupted 'ii. over v,'hether stat~ law/nakers I,,should have the right to review ~. any restoration'plan .for the Everglades eventually developed · ,,,by the federal government. .:' The slate could well have to "'pony up perhaps half of any funding for such restoratioh, ah '"';effort estimated to top ;,.,.out at almost S5 billion ..... over the next half-centu- ,,;,ii?. Why does anyone .u,,imagine Florida's legisla- tors won't demand a say ..,,in how that much money x'ention tlSat the Everglades Forever Act was put in place. And let us remember that there are a lot of interests who must be includdd in any ftiture plan- . ning; no single entity has all the answers (or even knows to 'ask ail the questions). ' Finally, heed the wot'ds of Lee County's pubic works director, jY, V. French, .who 9robably swayed some .opinions at the county commission meet- AGENDA '98 lng w[~ere sUppo~ rot this ibill was being sought. ' -.Fri'~ch'noted that it's 'noLO question of' if, but rather .. :L6gislature ' . will.,',.'.get · that 'if the !-,,,is being spent? involved. And ~ 1, Neverlheless, some are En,,imrtmmt ':stare'doesn't fight fOr all up tn arms over a House . . · .... ,parties . pantcuIar,y ,,, bill thal. .would give ' ihe"" thOs~"6h thif coast who rely on ,.,.'".Legislature riaht-of-review over '.. Okeechbbei~ water' and South ' any federal eieforts. They ~kbt'ry -"Florida .',Writer Management ,.qthat such supervision 'colJld "Distdd"pr0je~s ~ we could lit- e',;, lhreaten federal funding~':.J'or ': erally be leh high and dry.. "bolh the restudy -- the plaz~r~Ln'g'.'i. · Don't fret about whether fed- ' under way tb fix the 'Glades i: eral funding will be fonhcom- · flaws -- and fu{-ure restoration. :~i~, Ing. . Fret ~bout the strings r"- Lel us rerhe/nNi? thht it',kad · ..attached/'lhe'bad Ideas and t~e · federal money';ihat',:.,mad$'-J, fi~.'/< futtl.relrl3ioblems .such federal '. -~ a bdo off ,1 forc~'eould bnng w~th it And be mess · at least 'go .p rtl .' ' ' . : or it -- in the first place..Let'us' i:'.. happy for. as much outside over- remember that half of the 'Co~'t of" sigh-t a' ~'0§s~ble'. N'.' ' ..' fixing it is going to'i:'orh'e [ri.'ghi Ti:VTM. mote:p'eople w.ho- look at out of our pocket.4;'/flthCf iff thet'':''. It, the. ,b.?'fier,thl. I.i~..elihood we'll ' form of state taxei .'of'".tn'Oh't,v','::.get JP fight ~tl~..','-'ffrtie._~.Afid the hand, ed over to ,t'h('~,$off~fi' belt~.OM, dhafit~ W('w~Sh't'get Florida Water Man',ib~tntnt stu.ck.'l~lt~.ng?.h,e:biU..:wtthout., District. Let us remember that it realizingthe pos.lti?e results." ' llB-.2 ASSIGNMENT AGREEMENT THIS ASSENT AGREEMENT made and entered into this ~ day of .///~_g/~/ , 1998, by and between the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, ~hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non- exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor concerning certain water and sewer facilities and irrigation distributien lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. P¢l~.la~ ~h~t JtJlky~ Unit. 16LA 16 2 2) GoverDinq Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional AssuraDces. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: A.~sistant Secreta/ry STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT ../ J~hn A. Pictor / . ~ts Chairman The foregoing Assignment Agreement was acknowledged before me by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. WITNESS my hand and official seal this~~L-~ day of~~.~_ , 1997. St~phae Ly~ette Wat~ MY COMMISSION ~ C~36725 EXPIRES Apr~ 2~. ~0! Not. a~y Publ~g Print Name My Commission P¢lhl,wsh'~Utilily\Unlt. 16~. s~iln.2.020 2 ASSIGNEE: ATTEST: DWIGHT E. BROCK, Clerk / A est as. to Chatrman' , signature Onlj' Approved .as t6 from and legal suffi~ienqy, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,..F'E0~..~S THE GOVERNING BODY OF COLLIE~, COUNTY AND AS EX£OFFICIO THE .. GOVERNING BOARD/OF.THE COLLIER\. COUNTY WATER-SEWER DISTRICT : BAI:~*RA .. BER~:" Chairman ,.~,~FC.~,n::'"' STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared BARBARA BERRY , well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS.my~an~ and official ~in the County, and State last aforesaid this ~O7~ day of c/ 199~. (Notarial Seal) ~t~ry ~ubl i~ Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (941) 566-3131 P¢IMard~x. UfiliIyXUn~I, 16~ mllil~2.020 3 UTILITY EASEMENT TItlS EASEMENT, granted this L~day of ~~;l.~., 1997, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, whose address is 24301 Walden Center Drive, Bonita Springs, Florida as Grantor, to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, its successors and assigns, whose address is c/o Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, rea~ipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain a sanitary sewer lift station, water and sewer utility facilities and irrigation distribution lines in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer/HOA agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landseaping installed by the Grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO ttOLD thc same unto the Grantee and its assigns, together with tile right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the sanitary sewer lift station, water and sewer utility facilities and all irrigation distribution lines thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WItEREOF, the Grantor has caused these presents to be executed the date and year first above written. WCI COMMUNITIES I-JMITED PARTNERSHIP. a Delaware limited partnership By:(~~, / Schmoyer ~ S/:nlor Vice President K:legal~forn~[form7-u 16 Exhibit STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by .lerry H. Schmoyer, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited parmership, on behalf of the partnership. He is personally known to me. WITNESS my hand and official seal this ..~ day of ~LJ~~, 1997. N~yPublic · \ Laurel Y. Sitterly My Commission Expires: Pr~ared by: Vivicn N. liasdngs, E.,,quire 24301 Walden Center Drive Bonila Springs. FL 34134 16A2 All of Tract R, Pelican l¥Iarsh Unit Sixteen, according Io the plat thereof recorded in Plat Book 28, Pages 55 and 56, of the Public Records of Collier County, Florida (x. Vhimbrel ",Valch Lane and Bay I.aurel Drive). anti EXHIBIT "A" Page I of $ ProfcssionzJ cnt~nccrs, phnncrs & hnd survc'/or$ DESCRIPTION OF A UTILITY EASEMENT (LIFT STATION) ALL THAT PART OF TRACT "GClY' PELICAN MARSH UNIT SEVENTEEN AS RECORDED IN PLAT BOOK 28. PAGES 95 THROUGH 97, PUBLIC RECORDS OF immmt~ IIIl'(& m m ~Z-1.GN(DLI IIIII mmm.a.J~AI~£R. Sc J J J J J J'l'"~ JJJ JJJJ~, I I I I I pJ,.JJ]L~UN DA(] E, INC. fcssJonal cn~Jnccrs, planners & land su~,cyors DESCRIPTION OF A UTILITY EASEMENT A 10.00 FOOT WIDE UTILITY EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORiDA BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF PELICAN MARSI-[ UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGES 55 AND 56, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTtI 02°19'25'' EAST ALONG THE EASTERLY LINE OF SAID PLAT A DISTANCE OF 508.55 FEET TO A POINT OF CURVATURE CONCAVE EASTERLY AND HAVING A RADIUS OF 920.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH, A CENTRAL ANGLE OF 32003'32'' AN ARC DISTANCE OF 514.77 FEET; .THENCE NORTH 34°22'57'' EAST 101.56 EEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 55°37'03'' EAST 10.00 FEET TO AN INTERSECTION WITH A LINE LYING 10 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH SAID EASTERLY LINE OF UNIT SI)~TEEN; THENCE SOUTH 34°22'57'' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 101.56 FEET TO A POINT OF CURVATURE CONCAVE EASTERLY AND HAVING A RADIUS OF 910.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG ThE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32003'32'' AN ARC DISTANCE OF 509.18 FEET; THENCE SOUTI-! 02019'25'' WEST 508.55 FEET; THENCE NORTH 87040'35'' WEST 10.00 FEET TO THE POINT OF BEGINNING OF TIIE PARCEL HEREIN DESCRiBED; CONTAINING 0.258 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRiCTiONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS BY C,,---~ ~-~ ~ ARIEL R. ALVAREZ, P.S.M. ~3. 5358 REF: ABB DI~.AWING FILE NO. 6272 IYP.OS.40.tKT. D£$ EXHIB£T 'A' (2 OF5 ) I',laLn OI13cc: 7400 Tamla,nl Trail N., 5uitc 200, Naplc~, FluddJ 33963 · (941 ) 597.311 I · FA~K.: (9.11 ) 560.l lg3 Lee Corn(t,/: 1625 Ir Icndry St., Suite 101, Forc M)c. rs, Fludda 33901 · (~14 [ ) 3.14-! 173 · [:AK: ((241 ) 334. I 175 [:;E(: TIOI'I TOWI'I',JHIP ,;~ t ::I.:~: (.) ~o ~ .. a. EX}{IBIT "A" Page 5 of 5 Cgl~[ TO ?~! BOARD IRTBRO??tCB ~?H ~00~ 2335780 OR: 2432 PG: 2504 06/22/95 at 05:33A~ D~IGfiT ~, BROCK, CLERK RESOLUTION NO. 98- ;37 RIC 10.SO 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty {30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Claude E La Rue 7012 Chadwell Rd. SW Huntsville, AL 35802 REFERENCE: 62092120004 70502-091 Lot 9, Block 4, NAPLES M~LNOR $ 595.00 ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. PB 3, Pages 67 and 68. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: M~Y~ .q ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM sJgnotu~e ~D LEGAL ..SUFFI. CIENCY: CO~TY ~TTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 3 Claude E La Rue 7012 ~Chadwell Rd. SW Huntsville, AL 35802 DATE: MAY1 91998 REFERENCE 70502-091 #62092120004 I,IEN NUMBEi-',: LEGAL DESCR! PTIO;q: Lot 9, Block 4 NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. PB 3, Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office ~f tho Property Appraiser, are herebf advised that th(? C©mpliance :;ervices Manager, did on 5/2/97, order the abatement o[ a certain nuir;.~n~:,, ~,:.:ir~tinq r~n th~ abr:vo prop~rt'/ prohibit~d by Oudfnance 91-47, :~ervinq notice thereof upon you, such nuisance be:aa: ~rohibited acc=ulation of non-protected mow~l~ v~g~tation in exc~s of 1~" in h~ight in a s~division oth~r than Golden Gate Estates. Prohibited d~ping, acc~ulation, storage or burial of litter, waste or ~andoned property. Weeds over 18" and litter. Dead horticulture waste, plastic, bottles, etc. You failed to abate such nuisance; whereupon, it was abated by the expenditure o[ public funds at a direct cost of $ 395.00 and administrative cost of $200.00 fo: a total of $ 595.00. Such costs, by Resolution of the Bo~rd of County Commissioners of Collier County, Florida, have been a:~sesse(i aqainst the above property on MAY ~ 9 ~998 and shall become n lien on the property t_hirt_y (30t days after suc~ assessment. You may request a h,~r[ng be[ore th~ h~ ,~:~ of County Commissioners tc show cause, ~ f any, why the expenses ann charges i~curred by the County under this Ordinanc(~ are unwarranted or excessive or why such expenses should not: constitut_e n lieu nqain:~t the property. Such request for hearing midst be mac.b, to the Clerk c[ th~~ Board of County Commissioners, Government Cente~, Naples, Florida 34112 in wrtt~nq w~th[n thirty (}0~ days from the dat~e o[ this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- ]/93 elm ~O'T~ 2335781 OR: 2432 PG: 2506 RESOLUTION NO. 98- ~lC ~!1 10.50 COMI$ 2,00 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (39) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (1.2.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Kelly ;%nn Mohn & James O Mohn II 2240 E Easton Rd. Creston, OH 44217 Lot 2, Block 8, NAPLES MANOR $ 450.00 LAKES, according to the plat thereof, on file and recorded in the Public Records of Collier CoLu~ty, Florida. Plat Book 3, Pages 86 and 87. REFERENCE: 62256680005 71009-072 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upo~ appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' / Attest as to Chairman's BAR~ARA B: BERR~ CHA~R~ signature only. APPROVED AS TO FORM ANiD ',LEGAL ~UF,FI~IENCY: DAVID' WEIGEL COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 4 Kelly Ann Mohn & James O Mohn II 2240 E Easton Rd. Creston, OH 44217 DATE: MAY1 g lgg8 REFERENCE 71009-072 #62256680005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Block 8, NAPLES MANOR LAKES, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. Plat Book 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18" Tires, paper, plastic & metal on property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a di[ect ccst of $ 250.00 and administrative cost of $200.00 for a total of $ 450.00. Such costs, ky Resolution of the Board of County Commissloners of Collier Ccunty, Florida, have been assessed against the above p~operty on MAY1§ lggB and shall become a lien on the propert7 thirty (?0) days after such assessment. You may request a h(~aring before the Board of Couuty Commissioners to show cause, if any, why th(~ expe;~ses anr~ charges incurred by the Cout~ty under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 2802 N. HORSESHOE Df[ NAPLES ~L ~4104 PHONE # 941~03-2350 FAX N 941-403-2366 1'ol P~hon.: Re; []U,1;~ . I-tFor. Review.. / [-I Plea;e Comme,t I-I Pleaee Reply [] Please Recycle Official Receipt- Collier CDPR1103 - Official Receipt County 3un 19 '95 9:10 P. 16~-5 Board of County Commissioners ITrans Number t Date 79633 8/19/98 9:42:34 AM IPost Date 6/19/98 Payment Slip Nbr SA 38518 MARIETA ALONSO NAPLES MANOR, BIlK 8, ~.OT 8 Payor' ALONSO Fee Code 40LMNRJLOT MOW.-C, LEAR.-PRINC Fee Information tGL Account 11113891434390800000 Tolal Amount J Waived $245.00I $245.00 j l Payment Code j AccoUn~Check Number (CHECK j1196 I ' t Payments Tot~H Cash Total Non-Cash Memo: RESOLUTION #98-139 , PD PRIOR TO BEING RECORDED Tolal Paid Amount $245.00 $0.00 - $:~,~5.oo s2~,5.oo J Cashier/location: GARRETT_S / 1 User:. ARLOTTA_K Collier County Board o4' County Commissioners CD-Plus for Windows 95/NT Printed:6/19/g8 9:42:53 AM 't ' ' I '.' ': BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A DA~E: MAY1 9 I998 Marieta Alonso 3061 NW 18th ST Miami, FL 33125 REFERENCE 80122-060 #62154320001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 8, Naples Manor Annex, In accordance with and subject to the plat recorded in Plat Book 1, Page 110, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/22/98, order the abatement oF a certain nuisance e>:/st:ng on the above property p[ohibJ[ed by Ordinance 91-47, servin(~ notLce thereo[ upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a [c~al of $ 245.00. Suc:l costs, by Resolution of the Board o£ County Commissioners of Collier County, Elorida, have beer] assessed against the abc~ve property on and shall become a lien on the property [hirty 130) days after s~]ch assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by [he County under this Ordinance are unwarranted or excessive or why such e>:penses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- ]39 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN/LNCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA24E: LEGAL DESCRIPTION: COST Marieta Alonso 3061 N-W 18th ST Miami, FL 33125 Lot 8, Block 8, Naples Manor $ 245.00 Annex, In accordance with and subject to the plat recorded in Plat Book 1, Page 110, Public Records of Collier County, Florida. REFERENCE: 62154320001 80122-060 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This-Resolution adopted after motion, second and majority vote. DATED: MAY ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA · ttegt ,~$ to Ch,~Irean'$ BAR~RA B. B~ERRY~ CHA~R~Z~ $~gnature on/3. APPROVED AS TO FORM AND LE, GAI~ SUFFICIENCY: ~DAVID WEIGEL ~"~ COUNTY ATTORNEY CSce 11 1/98 I~ta: ~I! 72~0 2335782 OR: 2432 PG: 2508 RICOI~DIO in the O?~ICIAL RICORD$ of COLLIllt COURTT, 06/22/91 aL 08:33A1( DYZGH? l, BROC]~, Ct~R~ RESOLUTION NO. 98- COPIIS 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST R~unos, Jorge & Angela 3504 SW 143 Miami, FL 33175 REFERENCE: 57364000003 70528-053 Lot 7, Block 227, of Marco $ 245.00 Beach Unit Six, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 47 to 54, of Public Records of Collier County, Florida. Subject to easements, restrictions, reservations of record and taxes for the current year and subsequent years. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY19 199~ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · ' ' Attest as to Chairman's BAR~A, RA B. B~RRY~>, APPROVED AS TO FO~gnature only. AND LEGALSUFFICIENCY: DAVID-W~.I~EL COUNTY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 6 Ramos, Jorge & Angela 3504 SW 143=d Ct. Miami, FL 33175 DA~E: MAY1 9 1998 REFERENCE 70528-053 #57364000003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 227, of Marco Beach Unit Six, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 47 to 54, of the Public Records of Collier County, Florida. Subject to easements, restrictions, reservations of record and taxes for the current year and subsequent years. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/28/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-4'/, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above p~operty cn and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the ?roperty. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 Ii?I~O))ICI 1~) )~00~ II! 2335783 OR: 2432 PG: 2510 RZ~OI~DED in the OFfICIaL I~1¢01~0.~ of ¢01,5II11 ¢OUIITT, 0~/221g~ ~L 0~:33A~ D~I6~T l, ~ROCI, CL]II RESOLUTION NO. 98- COFIS$ 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: FELIX LERCH FAMILY TRUST LOT 17, BLOCK 13, OF NAPLES 2669 DAVIS BLVI) STE 101 MANOR ADDITION ACCORDING TO THE NAPLES, FL REFERENCE: 62102040003 COST $600.OO 34104 MAP OR PLAT BOOK 3, PAGES 67 & 68 OF THE PrJBLIC RECORDS OF COLLIER COITNTY, FLORIDA. 70915-021 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 1968 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA /' ' // AtteS% as t0 Chair,an $ BAR~A~-~. B'ERRY-%~HAi~ ~ signature on]~. APPROVED AS TO FORM AND LEGAL UF ICIE C¥: DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MAY1 9 1998 FELIX LERCH FAMILY TRUST 2669 DAVIS BLVD STE 101 NAPLES, FL 34104 REFERENCE 70915-021 #62102040003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 17, BLOCK 13, OF NAPLES MANOR ADDITION ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGES 67 & 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/21/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9l-4 ;, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18" Litter includes furniture & household debris. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 400.00 and administrative cost of $200.00 for a total of $ 600.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, MAY1 9 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners Lo show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Elorida 34112 in writing within thirty (~0) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 ttn: 2335784 OR: 2432 PG: 2512 RBCORDED in the OUICIAL RI¢ORDS of COLLIZR COUNTY, FL RESOLUTION NO. 98- 142 COPIES 2.00 16A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IM ACCORDANCE WIT}{ ORDINANCE 91-4'7. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the Ccunty as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as fo]]cws, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Hathaway, Doris G & Marlene V York 25 Cheyenne TRL Naples, FL 34113 Lot 4, Block 2, Trail Acres $ 1,340.00 Unit 1, according to plat in Plat Book 3, Page 50, Public Record of Collier County, Florida. REFERENCE: 77210440001 70912-011 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 m98 ATTEST: DWIGHT E. BROCK, CLERK / ' as to Chairman's s fgnature onTy. APPROVED AS TO FORM AND LEGAL SUF, FICIENCY: / I~AV I D WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~RA' g. -BERRYx, -- CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~fENT OF LIEN 8 Hathaway, Doris G & Marlene V York 25 Cheyenne TRL Naples, FL 34113 MAY! 9 1998 REFERENCE 70912-011 #77210440001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 2, Trail Acres, Unit 1, according to plat in Plat Book 3, Page 50, Public Records of Collier County, Florida. You, as the owner of tho property' atc~'.'~ described, as recorded in the records maintained k)' the -~=i,~~, -~ -~ Property Appraiser, are heretv advised that ~he_ ~..~ mu]lance. .c ...... ............... ~= '.'~'-~"'?r, Jld on 9/30/97 order the abatement of a ce:'tain n~Ji.3ance .?:.::St:n:: T:~ th~% ,~)o','e properly :~rohib].ted by Ordinance 9!-47, ~:ervin.-~ nc. rice therecf uuon 7ou. such n~]sance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian Pepper Hedges and Java Pl~u~ throughout property. You failed to abate such F~uisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 1,140.00 and administrative cost of $200.00 for a to~al of $ 1,340.00. Such costs, by Resolution of the Board of County Co~missioners of Collier Count},, Florida, have been assessed against the aoove property on MAY1 9 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 lit 2335785 OR: 2432 PG: 2514 ~lC01i01D in the 01~lqC[Al, I~lC0~.O$ o! C0[l,[lll C01/I/T, i~L RESOLUTION NO. 98- 143 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Walsh, Thomas 2348 Pine St. Naples, FL 34112 Lot 17, Block 105, Golden Gate $ 245.00 Unit 3, according to the plat thereof, recorded in Plat Book 5, at pages 97 through 105, inclusive of the Public Records of Collier County, Florida. REFERENCE: 36003240006 71015-040 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY 1 9 199g ATTEST: DWIGHT E. BROCK, CLERK ?"Attest as to Chairman's signature on?y. APPROVED AS TO FORM AND ~ LEGAL ,SUFFI, CIENCY/: ¥..~,. ~._~D~VI D WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR]~A~A B. B~.RRY~~- CSce 11 1/98 BOARD OF COUNTY COM}4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Walsh, Thomas 2348 Pine St. Naples, FL 34112 DATE: MAY1 9 1998 REFERENCE 71015-040 #36003240006 I,IEN NUMBER: LEGAL DESCRIPTION: Lot 17, Block 105, Golden Gate Unit 3, according to the plat thereof recorded in Plat Book 5, at pages 97 through 105, inclusive of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the o[£ice of th~ ProperLy Appraiser, ,]re hereby advised that the Compli.~]nc~ f;er';L,:.~s >i;~nager, di{] ,on 10/24/97, order :he abatement of a cerLain n,]Jsance existing on t:he aborn .r)ro.r~erty prohib:ted by Ordinance 91-47, serving notice Lhereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate :~uch nuisance; whereupon, it. was abated by the expenditure of public funds ~t a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commiss2oners of Collier County, Florida, have been ar;sessed against the above property on JI~A~ '/ ~ [9.q,~ and shall Oecome a llon on the propert'/ thirty (30) days alter such assessment. YOU may request n hr-',~r ing i~e[ore the ?oard cf County Commissioners to show cause, if ~,ny, why the expenses and charges incurred by the County. under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment %c be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 IX? 7~0 2335786 OR: 2432 PG: 2516 II]COItDID in the OU~¢D,L IIICOIIDS of COLL~]II COI~]I?Y, RESOLUTION NO. 98- 144 COP[IS ~.00 16Al0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFOPE, BE iT RESOLVED BY '?HE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI,ORIDA, that tile property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST EMC HOLDINGS INC. 800 Laurel Oak Dr. STE 303 Naples, FL 34108 Lot 17, of PORT OF THE ISLA/gDS, $ 245.00 PPLASE 7740, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. REFERENCE: 68300002342 70917-004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 91998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Ci,ERK COLLIER COUNTY, FLORIDA .z :'; .-'. Chairman's BAR~RA B. BERRY,"~~~ signature only. APPROVED AS TO FORM ~D LEGAL S~FFICIENCY: DAVID WEIGEL CO~TY ATTORNEY CSce 11 1/98 · 1BAiO BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~fENT OF LIEN EMC HOLDINGS INC. 800 Laurel Oak Dr. STE 303 Naples, FL 34108 DATE: MAY g REFERENCE 70917-004 #68300002342 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did or, 9/25/97 order the abatement of a certain nuisance existing on the above property proh%bited by Ordinance 91-47, serving notice thereof upon you, such nuisance belng: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY 1 9 ]~8 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the e×penses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Elorida 34112 zn writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 IXTI~OHIC! iTH ~00~ 2335787 OR: 2432 PG: 2518 RESOLUTION D;O. 98- 145 RIC H! 10.50 COPII$ 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF' LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum cn any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Daniels, Phleany/J Brow~ LOT 5, AVALONE ESTATES, BLOCK $ 245.00 Brown, Jennifer 6, UNIT 1, ACCORDING TO PLAT 220 10ch St. NE RECORDED IN PLAT BOOK 3, PAGE 62 Naples, FL 34120 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REFERENCE: 22624160003 70918-057 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ""~ '~ . ~ttest as to Chairman's BAR~RA B. BERRY,,. signature only,. APPROVED AS TO FORM AND .LEGAL SUFFICIENCY: CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16All Daniels, Phleany/J Brown Brown, Jennifer 220 10th St. NE Naples, FL 34120 DATE: REFERENCE 70918-057 #22624160003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 5, AVALONE ESTATES, BLOCK 6, UNIT 1, ACCORDING TO PLAT RECORDED IN PLAT BOOK 3, PAGE 62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/26/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acctunulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~Y ~ 9 1998 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 lit 2335788 OR: 2432 PG: 2520 O&/22/~B at. 08:33~d( D¥IGIIT B. 8ROC£, CLIRE RESOLUTION NO. 98- ~46 2,00 .16A12, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Perez, Luis Vazquez 15603 SW 85~h Ln. Miami, FL 33193 Lot 10 Block 294 of Marco Beach $ 245.00 Unit EIGHT a Subdivision according to the Plat thereof recorded in Plat Book 6, Page 63-68 of the Public Records of Collier County, Florida. REFERENCE: 57746920002 70919-034 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: HAY1 9 1998 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / " .~,-~ as to Chairman'S APPROVED AS TO AND LEGAL SUFFICIENCY: ,, t~~, D~VID COHNTY ATTORNEY CSce 11 1/98 .i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: HAY1 9 1998 Perez, Luis Vazquez 15603 SW 85~ Ln. Miami, FL 33193 REFERENCE 70919-034 #57746920002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10 Block 294 of Marco Beach Unit EIGHT a Subdivision according to the Plat thereof recorded in Plat Book 6, Page 63-68 of the Public Records of Collier County, Florida. You, as the owner of t. he property above described, as recorded in the records maintained by tho o[fice o~ t:h~? Property Appraiser, are herebV advised that the Compliance ~;ervices Manager, did on 9/19/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been nssessed against the above property on MAY1 9 199S and shall become a ~ ~en on thc property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34!~2 in writing within thirty (30) days from the date of this assessment to be va[id. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- t/93 2335789 OR: 2432 PG: 2522 RI~OROID ia the OUlCI~L RI¢ORD$ of COLLIIR CO01TT, 0~/22/~1 at 08:33~ 0~IGS~ !. H0Cl, CLIH RESOLUTION NO. 98- RIC 711 10.50 C0~II$ 1GA13 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Lalanne, Etzer PO Box 1165 Immokalee, FL 34143 Lot 7, Block 2, South $ 245.00 Inunokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. REFERENCE: 74030920005 70919-038 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY! ~ 1998 ATTEST: DWIGHT E. BROCK,' CLERK ,- /' ' 'A(test a~ to Chairman's signature onl$. APPROVED AS TO FORM AND ggGA5 SUFFICIgNCY: ,/ : CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB~A B. CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LiEN 16A13, Lalanne, Etzer PO Box 1165 Immokalee, FL 34143 REFERENCE 70919-038 #74030920005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/19/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed aqainst the above property on MAY ~ 9 ~998 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the Coun%y under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 Mo,~ 2¢ '9¢ 15:'55 16 14 2802 N. HORSESHOE DR NAPLES FL 3~104 PHONE # 941~403-2350 FAX # 941-40,3..2366 To: ~ From: [-1U~ge~ · Cemment~ [] For Revtew 0 Pleaae Comme~ 0 Pleare Reply [] Please RecycJe ,._O~cial Receipt- Collier County CDPRI 1o3 - Official Receipl Board Ha.q 28 '9;:J 1S:$6 F'. 0z3~04 of County Commissioners 75710 5/'26/98 10:39:21 AM 15126198 MS 37078 SILVAS. OVIEDO COLOR.ADO New or Ex~: E Payor: 81LVA$ Fee Information Fee g(~x~. Descrlpllon i IGLAcc~unl Amount Waived 06LMCF ILOT MOWING,& CLEARING-PR'INCl{ 111138911343g0800000 $45.00 06LMC. A 'LOT MOWING-ADMIN. FEE 111113891134390,800000 $200.00 Total $24 5.00 Payments IPa,/mentCode Number CA~-H 1Acc°unt/Check t $245.00 Amount Memo: PAYMENT OF CASE #70923-010/NA Tolal Cash J $245.00 J Tolal Non. Cash $0.00 s2~5 ooJ Total Paid Cashierflocation: GARRET'T'_S / 1 User. ADLER_N Collier Courtly Board of County Commissioners tO.Plus for Windows gS/NT Prinled:5/26/98 10:39:41 AM lEly&z, Ov£o~o 260 L~GAL NOTIC~ OF A~ESSM~NT OF ~AT~, MAY ! ~FF,~NCE 70923-010 #0012~000008 LEGAL DESCRIPTION: 1070 fIl~ o£ the North one-h&l~ of thi South.asr ona- No=the=ly 120 fiat to the point of beginning. You, ~3 tile owne£ of lhe prope£ty obove described, as recorded in thc records mal~t~inGd by the o[fl<:.: of the Frope[ty Appraiser, are hercby advtsed that chi Compliance Services Mdnoge~, did on 9/24/97 order the abatemen= of a certain nuisance existing on the above property prol',kbzted by Ordinance 9~-47, serving noc;ce thereof upon you. such nuisance being: P~ohibited &oc,,~ul&tion of non-p~otmcted mo~abll vegetation in exceS~ O~ lB" in height in m lubdi¥ision other than Golden Gate You ~lled to aba~e such nuisance; whereupor~, it was abaLed by Lhe expenditure OJ public quads at a direct cost of $ 45.00 administrative cost o£ $200.00 for a total o[$ 245.00, Such Resolution of the Board O~ ~ounty Co,~lssionezs o~ Colller County, Florida, have been assessed against the above property on MAY ~ and shall bate,no a lzen on the properly thirty (30) days alta= Such assesament. You n~ay requeit'a hed~zng b~fore the Board o~ County Commissioner~ to show cause, 1~ any, why the e~penses and cha~ges lncu[re~ by tho County under this Ordinance ere unwar£an~ed or exceJJiv~ o~ why such expenses should not constitute a lien agaJns~ ~he properly. Such request for hearing must be maas to the Clerk of the l)oard 0£ County Commissioners, Government Center, Naples, ~lor~da 34112 in writing within thirty [30) days from the date of this aisessmen~ to be valid. CLERK, BOARO OF COUNTY COMMISSIONERS Cica 9- 1/93 R~$OLUTION NO. 98- ~ A RESOLUTION OF THE BOARD OF COUNI'Y COHMISSIONERS pROVIDING FOR ASSESSMENT OF LIEN. FOR 1'HE COST OF THR ABATEMENT OF PUBLIC NUISANCE, 1N ACCORDANCE WITH ORDIN~JC£ 91-47. WIIEREA$0 as provided in Ordinance 91-47, the direct coots of abateme;,t o~ certain nuisances, including prescribed administrative cos~ incurred by th~ County, ~hall be asgessed against such property; and WHEREA~, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commimsioners. with a d~scription of ~aid parcel; and WHEREAS, ouch assessment shall be a leoal, valid and binding obligation upon tho property against which made un~il paid; and WHEREAS. the aooesemen~ shall Decome due a~d payable thirty days after ~he mailing of No~ice of A~ssment a~mr which interest shall a¢crue; at a rate of twelve percent (12.0%) per annum on any unpaid portion HOW° THEREFORE, BE IT RESOLVED BY TNE BOJLRQ OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. ~hat the proper~y described as follows, 'and having Deen absted of a public nuisance a~[er due and proper no, iCe %hereof to the owner of said property, is hereby assessed the ~ollowing cost~ o~ ouch sba~ement, to wit: ~AME~ , ~~_P~ION: COST Silvas. Oviedo Ssgiru~lng at the Northeaa~ $ 245.00 250 12~" St. SE corner of tho Westerly 380 Na~lem, FL 34117 of tho Easterly 1070 feat o~ the North one- h&lf o~ ~he U~u~h~aet one-q"uarter of Sou:hoao~ one-quarter o~ Section 4, Tow~%ship 47 South. Rang~ 29 £a~t, r,~ W~oterl¥ a dl0~ance of 120 fo,t for the point o~ b~gi~Ing o~ thu trac herein conveyed. Continue Westerly 70 thon~o Southerly 12O re.t, thence Emsterly 70 thence No=therly 120 ~eet to tho point of ~FE~ENCE: 00125000000 7G923-010 The Clerk of the Board shall mail a notice of assessment of !ion to the owner or owner~ of the above de~cribed property, and if such owner fail~ ~o pay ~uch a~sessment within thirty [30) days hereof, a cer=ified copy of this ~esolu~ios shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direc=fon is stayed by this Board upon appeal o~ the aosc~sment of the owner. Thi~ Resolution adopted after motion, second and majority vote. · MAY t.9. ~g8 ATTESTi ' DWIGHT E'. BROCK, 'GLERK '~ '* !. xSfgfldt~re only. LEG~ ~UFF. ICIENCY: teSTY A~ORNEY BOARD OF COQT~TY COMMISSIONERS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSPIENT OF LIEN 16A14 Silvas, Oviedo 260 12th St. SE Naples, FL 34117 REFERENCE 70923-010 #00125000008 LIEN NUMBER: LEGAL DESCRIPTIOM: Beginning at the Northeast corner of the Westerly 380 feet of tk. Easterly 1070 feet of the North one-half of the Southeast one- quarter of the Southeast one-quarter of Section 4, Township 47 South, Range 29 East, run Westerly a distance of 120 feet for the point of beginning of the tract herein conveyed Continue Westerly 70 feet, thence Southerly 120 feet, thence Easterly 70 feet, thence Northerly 120 feet to the point of beginning. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Complianc,- Services Manager, did on 9/24/97 order the abatement of a certain nu:sance e:<istlng on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accLunulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. YOU failed to abate such nuis~nce; whereupon, it was abated by ~he expenditure of pub[1, c fund:~ ~t a direct cost or $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such cos[s, ~y Resolution of the Board of County Commissioners of Collier Count}', FlorLda, have been assessed ~<~a~,]st the ab©'!e property on MAY 1 9 1998 assessment. You may request ~ beefing be~.z:c, t?..t [% _..~t,t of Cc, unty Commissioners to show cause, if any, why the e:<p~enses anti charges incurred by the County under this Ordinance are unwarrantod or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (301 days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 148 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shal] be calculated and reported to the Board of County Commissioners, toge er with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Silvas, Oviedo 260 12th St. SE Naples, FL 34117 LEGAL DESCRIPTION: COST Beginning at the Northeast $ 245.00 corner of the Westerly 380 feet of the Easterly 1070 feet of the North one- half of the Southeast one-quarter of the Southeast one-quarter of Section 4, Towr~ship 47 South, Range 29 East, run Westerly a distance of 120 feet for the point of beginning of the trac herein conveyed. Continue Westerly 70 feet, thence Southerly 120 feet, thence Easterly 70 feet thence Northerly 120 feet to the point of begirinin REFERENCE: 00125000008 70923-010 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy o~ this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 1998 ATTEST: DWIGHT E. BROCK, CLERK Attest a~ to Chairman's APPROVED AS TO F~{~ature 0n]3. AND. Ur. GAL ~UF~,,IC~ENC¥: [, , ! ."i ,'".: .' -: DA%/I D WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 - 1/98 CLIH ?0 ?~! BOAID IX! 7Z(0 2335790 OR: 2432 PG: 2524 liCOI~ID ~ ~he Of HCI~I. 11¢01D$ O~ COL~II! ¢OU~?L f~ ~IC ~!~ OS/H/SS at 0['.33AN DVIGET I, 810Cl, CLIRK COHIS RESOLUTION NO. 98- 10,~0 2.00 16A15 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST FLEET MORTGAGE CORP PO BOX 1169 MILWAUKEE, WI 53201 LOT 9, BLOCK 62, GOLDEN GATE $ 245.00 UNIT 2, PART 2, ACCORDING TO THE MAP OF PLAT THEROF AS RECORDED IN PLAT BOOK 7, PAGES 66 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REFERENCE: 35880360003 70923-034 The Clerk of the Board shall [nail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such properny according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK / ' ~ttest as t.o Chairman's signature on).v. APPROVED AS TO FORM J~ID, LEGAL SUFFICIENCY: i DAVID WErGgL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN FLEET MORTGAGE CORP. PO Box 1169 Milwaukee, WI 53201 REFERENCE 70923-034 #35880360003 LEGAL DESCRIPTION: DATE: MAY1 @ 998 LIEN NUMBER: LOT 9, BLOCK 62, GOLDEN GATE UNIT 2, PART 2, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 66 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/26/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY 9 998 and shall become a lien on the propert7 thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request ~cr hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 2335791 OR: 2432 PG: 2526 R~COIU)ID in the OFFICIAL RICORD$ o~ COLLIER COUNTY, IL RESOLUTION NO. 98- 150 R~C ~! lO.SO ¢OPIIS ~.00 1 6A16, A RESOI,UTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT ~F PUBLIC NUISANCE, IN ACCORDANCE WITH OkDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shali be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Tm_mayo, Aylin C 901 SW 10~h Ave. Miami, FL 33130 LOT 12, BLOCK 172, MARCO BEACH $ 245.00 UNIT SEVEN, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 55 THROUGH 62 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. REFERENCE: 57641920000 71001-084 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners o£ the above described property, and if such owner fails to pay such assessment witi%in thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is s~ayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote DATED: MAY 1,9 ~99S ATTEST: DWIGHT E. BROCK, CLERK / ' ~ Attest as to Chairman's signature only. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A16 DATE'. Tamayo, Aylin C 901 SW 10~ Ave. Miami, FL 33130 REFERENCE 71001-084 #57641920000 I,IEN NUMBER: LEGAL DESCRIPTION: LOT 12, BLOCK 172, MARCO BEACH UNIT SEVEN, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 55 THROUGH 62 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/10/97 order the abatement of a certain nuisance existing on the above property prohib].ted by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, nave been assessed against thc, above properly oa MAY I 9 1998 and shall become n Lien cn the [,~ooert. y thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners 5o show cause, if any, why the expenses and charges incurred by the Counsy under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of %he Board o~ Count~ Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 II? · 2335792 OR: 2432 PG: 2528 06/22/g8 at 08:33AK DiIG~T l, BROCL C:SJ[ RESOLUTION NO. 98- 151 2,00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Grant, Carol 5314 Carts St. Naples, FL 34113 Lot 4, Block 6, Naples Manor Addition. $ 245.00 REFERENCE: 62093600002 71006-012 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majorits, vote. DATED: NAY l 9 19ga ATTEST: DWIGHT E. BROCK, CLERK signature only. APPROVED AS TO FORM ~D LBGAb SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Grant, Carol 5314 Catts St. Naples, FL 34113 DA E: MAY! REFERENCE 71006-012 #62093600002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 6, Naples Manor Addition. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/10/97, order the abatement of a certain nuisanco existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Comm:ssioners of Collier County, Florida, have been assessed against the above property on MAY 1 9 1998 and shall become a lien on the propeuty thirty {30) days after such assessment. You may r,~quest a hearing before ~he BoaFd of County Commissioners to show cause, if any, why the expenses and charges incurred by the under thi:~ Ordinance are unwarranted or excessive or why such expenses should not constitute a 'lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment Lo be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 CLIH TO TH! BO&~D IITUO~H¢I 4Ta ~LOOR lit 7240 RESOLUTION NO. 98- ~52 liC HI A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBL.IC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sheehan, Lloyd G 26126 Tamiami Trl E Naples, FL 34112 Lot 16, Block 6, NAPLES $ 245.00 IW. ANOR ADDITION, according to the plat thereof, on file and recorded in Public Records of Collier County, Florida. Page Book 3, Page~ 67 and 68 and subject to reservations, restrictions and limitations of record. One-fourt oil, gas and mineral rights conveyed with property REFERENCe: 62094080003 71010-024 The Clerk of the Board shall mail a notice of assessment of i~en to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such prcperty according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after mo~ion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ',., ,.. · ~ttest as to Chairman's signature only. APPROVED AS TO FORM AND .bEGAL SUFFICIENCY: .,.'' 5~v~b wEG~E--''-- COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB'~'~'A B. 'BE'RRY ,k~CHA-t CSce 11 1/98 . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Sheehan, Lloyd G 2626 Tamiami Trl E #7 Naples, FL 34112 REFERENCE 71010-024 #62094080003 LEGAL DESCRIPTION: LIEN NUMBER: Lot 16, Block 6, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. Page Book 3, Pages 67 and 68 and subject to reservations, restrictions and limitations of record. One-fourth oil, gas and mineral rights conveyed with property. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost cf $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY1 9 ~998 and shall becom~ a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 BOARD 2335794 OR: 2432 PG: 2532 RIEORDID in the OZ[ICIAL RI¢ORDS Ot ¢OLLIRR ¢01J1i71, IL 06/22/98 at 08:33AM D~IGflT l. BROC[, CL~R[ RESOLUTION NO. 98- 153 ¢0PI15 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the a~sessmc~nt shall ~oecome due and payable thirty (30) days after th~ mailing of N©tice: of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abateme~]t, to wit: NAME: LEGAL DESCRIPTION: COST Iarussl ET UX, Guy J ALL of Linda Park, except $ 290.00 911 Canyon View Rd. Lots 38, 39, 40, 42, 43, and 44, Apt 212 a Subdivision of Lot 51 of NAPLES GROVE A/TD Sagamore Hills, OH 44067 TRUCK CO'S LITTLE FARMS No. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. REFERENCE: 55700080003 71010-028 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if suc:~ owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. D~TED: N~¥1 9 1998 ATTEST: DWIGHT E. BROCK, CLERK ~'.,.,.' --, ..... ..-/,-.,, · -0¢~.-~-/..-.~ z~/. a~ Attest as to Chatrman'~ APPROVED AS TO F~)lR~ature- only. AND, LEGAL SUFFICIENCY: l DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAROCA '5: -BERR~ CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Iarussi ET UX, Guy J 911 canyon View Rd. Apt 212 Sagamore Hills, OH 44067 REFERENCE 71010-028 #55700080003 LEGAL DESCRIPTION: DAT~: HAY1 9 LIEN NUMBER: ALL of Linda Park, except Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of NAPLES GROVE ~ TRUCK CO'S LITTLE FA/~MS NO.2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner of the property abov~ described, as recorded in the records maintained by the office of the Property Appraiser, are herebV advised that the Compliance Services Manager, did on 10/10/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cos~ of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY § ~9S8 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissicners to show cause, if any, why the expenses and charges incurred by the CounLy under this Ordinance are unwarranted or excessive or why such expenses' should not constitute a lien'against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 letn: !I! 72~0 2335795 OR: 2432 PG: 2534 R[CORDID in the OlelqCIa~ RI¢ORD$ o[ COI, i, lll COUP?T, O~/2~/iB at 08:3)AN D~I~T ]. B~OCK, CUll R~¢ ~! I0.50 RESOLUTION NO. 98- 154 C0~II$ 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum cn any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Collins III, William D 900 Broad Ave. S Naples, FL 34102 LEGAL DESCRIPTION: COST Lot 8, Block 10, Naples $ 245.00 Manor Annex, in accordance with and subject to the plat recorded in Plat Book 1, page 110, Public Records of Collier County, Florida. ~,EFERENCE: 62156600004 71010=068 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: HAY1 ~ ~98 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA / r Attest as to Chatrman,sBY: $ ~gnature only. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: --DAVID 'WEIGEL COUNTY ATTORNEY B A R B~A~A ~3~ CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HAY1 9 1998 Collins III, William D 900 Broad Ave. S Naples, FL 34102 REFERENCE 71010-068 #62156600004 LEGAL DESCRIPTION: LIEN NUMBER: Lot 8, Block 10, Naples Manor Annex, in accordance with and subject to the plat recorded in Plat Book 1, page 110, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/24/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-4'?, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost. of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY1 g and shall become ,2 lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses ~n<~ charges il]cuffed by the County under this Ordinance are unwa~ ranted or ~'xcessive or why such expenses should not constitute a lien against ~he property. Such request [or hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CI,ERK, ~OARD OF C©U~iTy COMMISSIONERS CSce 9- 1/93 II?IROUI¢I ~T~ ~LO0~. il? 7240 2335796 OR: 2432 PG: 2536 R~CO~D~ in L~e O~HC~I, F,~CO~.0$ o~ COLIAU COUXT~r, 06/22/~ a~ 0~:~3A~ DHG~T I. BR0CL C0PIIS RESOLUTION NO. 98- 10,50 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Maney JR, Thomas P & Lori S 220 Franklin Ave. Worthington, OH 43085 REFERENCE: 57737560002 71014-030 Lot 4, Block 280, of Marco $ 245.00 Beach Unit EIGHT, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. The Clerk of the Board shall mai]. a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 9 lgg8 ATTEST: DWIGHT E. BROCK., CLERK ( /3~/. C~c$,~.. "'~Attest as to Chairman,s signature only. APPROVED AS TO FORM AND LEGAL SUFFIC, IENCY: ' D~VID ~EIGkL / ~l/-- CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB~{A B :- B~Ry,~CHA-~X CSce i1 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A21 DATE: MAY! E! Maney J~, Thomas P & Lori S 220 Franklin Ave. Worthington, OH 43085 REFERENCE 71014-030 #5773756000? LEGAL DESCRIPTION: LIEN NUMBER: Lot 4, Block 280, of Marco Beach Unit EIGHT, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. You, as the owner o£ the property above described, as recorclec] in the records maintained by the office of the Property Appraiser, are herebV advised that the Compliance Services Manager, did on 10/15/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY ~ and shall become a lien on the propertV thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the Count's' under this Ordinance are unwarranted or excessive or why such expenses should not constitute ~ lien against the ~)roperty. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, NaF~]es, Florida 34112 ~n writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 ~etn: I~TIRO~I¢! 47~ ~LOOR ~Z! 7~0 2335797 OR: 2432 PG: 2538 RICORO~D in the O?~ICIA~. RICORD$ of ¢O~LI]R COU~T?, ?[, 0~/22/~8 at, 0~:33A1( D~IG~? !. B~OCI~, CLeRiC RESOLUTION NO. 98- 156 R]C ~! 10.50 16/12 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WH}{REAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, togeuher with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~4E: LEGAL DESCRIPTION: COST DIM_ARCO & DIM-ARCO INC. 7163 Saint Andrews Rd. Lake Worth, FL 33467 Lot 21, Block 279 of Marco $ 245.00 Unit EIGHT, a Subdivision according to the Plat thereof recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. REFERENCE: 57736880000 71016-070 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 91998 ATTEST: DWIGHT E. BROCK, CLERK / Attest as to Chairman's signature APPROVED AS TO ~ ~OA~ SUF~ICI~NCT: .DAVID 'WEI6EL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBA~R~ B.- CSce 1t 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DIMARCO & DIMARCO INC. 7163 Saint Andrews Rd. Lake Worth, FL 33467 REFERENCE 71016-070 #57736880000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 21, Block 279 of Marco Unit EIGHT, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/16/97, order the abatement of a certain nuisance ezisting on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by' Resolution of the Board of County Commissioners of Collier County, MAY1 9 199 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request fcr hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 leLn: CLIR[ TO TEl BOARD ZMTIROFHC! 4TH ~LOOR RI? 72{0 2335798 OR: 2432 PG: 2540 RRC~RDRD in the O?H¢IAI, RI~ORD$ of COLLIIR COrM?T, RESOLUTION NO. 98- 157 COPIES ,o., :I 6A 2 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 9t-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed aoainst such property; and ~ WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, toge%her with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION. Purkay, Boris & Emogene L 41 E Main St. Mystic, CT 06355 Lot 11, Block 1, of MARCO BEACH Unit No. One, a subdivision REFERENCE: 56650600008 71021-215 COST $ 245.00 according to the Plat thereof, recorded in Plat Book 6, Pages 9 to 16, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY '1 '9 ATTEST: DWIGHT E. BROCK, 'CLERK ~A{test as to Chairman's signature onl3, APPROVED AS TO FORM AND LEOAL ?UTViENCY: DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBA~R~ 2/ B~RY ~HAI~d~ CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Pukay, Boris & Emogene L 41 E Main St. Mystic, CT 06355 REFERENCE 71021-215 #5665060000~ LEGAL DESCRIPTION: LIEN NUMBER: Lot 11, Block I of MARCO BEACH Unit No. One, a subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 9 to 16, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/28/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MA~ ~ 9 ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the [3oard of Counsy Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissione3s, Government Center, Naples, Florida 34112 in writing within thirty (~0) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 CLIRI ?0 ?~1 II? ?~(0 2335799 OR: 2432 PG: 2542 RICOJ~DID 1~ Lh~ OUI~IAL I~ICORD$ of CO[,LII~ CO[~T~, ~L RESOLUTION NO. 98- 158 COHI$ 16A24 10,50 2,00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS the assessment shall become due and payable thirty I30) days after t~e mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SUNBRELLA HOMES INC. 9085 Winterview Dr. Naples, FL 34109 REFERENCE: 36180400002 71030-123 LEGAL DESC~R~PT____ION: gOST Lot 2, Block 158 of Unit 4, $ 875.00 Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and it such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion second and majority vote DATED: ' . HAY 1 9 1998 ATTEST: DWIGHT E. BROCK, CLERK '~ttest as to Chaf~man's $ ~gnatu~e on 1.~. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEb CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SUNBRELLA HOM~S INC. 9085 Winterview Dr. Naples, FL 34109 MAY 1 9 1998 REFERENCE 71030-123 #36180400002 LiEN HUMBER: LEGAL DESCRIPTION: Lot 2, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/03/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 675.00 and administrative cost of $200.00 for a total of $ 875.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed agar. net the above property on MAY 1 9 1~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 It~n: CLIRI ?0 T~! 2335800 OR: 2432 PG: 2544 06/22/~8 aL 08:33XX DI/[G~T ~, BRGCL C~,~RX RESOLUTION NO. 98- ~59 ~lC Ill CO~I~S 10.~0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct ccsts of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, toge:her with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST RAM VEN~rURES INC. Lot 14, Block 106, Golden Gate, $ 245.00 % FACOONEER TITLE & MARBLE Unit 3, accordinG to the plat thereof 9853 Tamiami Trl N recorded in Plat Book 5, PaGes 97 to 105, Ste 106-107 inclusive, Public Records of Collier County, Naples, FL 34108 Florida. REFERENCE: 36004160004 71030-159 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This 'Resolution adopted after motion, second and majority vote. DATED: MAY1 9 1998 ATTEST: DWIGHT E. BROCK, CLERK : " Atteot as to Chairman's signature ~PP~OV~D ~S TO FOR~ ~D LEG~B, SUFFICIENCY: ti ~ ', (.' t ., .'~-DAV I D WEIGEL CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBA~ B.-BERRY,~CHAi~M~2~ CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEG~L NOTICE OF ASSESSMENT OF LIEN RAM VENTURES INC. % FACOONEER TILE & MARBLE 9853 Tamiami TRL N Ste 106-107 Naples, FL 34108 REFERENCE 71030-159 #36004160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/25/97, order %he abatement of a certain nuisance existing on the above property prohiblted by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accu~nulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MA~ ~ ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (301 days from the date ¢~f this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 IRTI~OFM¢! 4T~ ~LOOR lit 72(0 2335801 OR: 2432 PG: 2546 U¢ORDID Jm the O~ICZAL U¢OROS of COLLIZR COgX?T, RESOLUTION NO. 98- UC COPIlS 10,50 2,00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO[~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Leterme, Anne % Jozef Van De Putte PO Box 180914 Casselberry, FL 180914 Lot 9 Block 311, of Marco $ 245.00 Beach Unit NINE, a Subdivision according to the Plat thereof recorded in Plat Book 6 Page 69-73 of the Public Records of Collier County, Florida. REFERENCE: 57805680005 71103-091 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY 1 .q ATTEST: DWIGHT E. BROCK, CLERK / Att~s~ as to Chairman's signature only. APPROVED AS TO FORM ANq LEGAL/SU.FFI.CIENCY: f~__DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 1 6 Leterme, Anne % Jozef Van De Putte PO Box 180914 Casselberry, FL 180914 MAY 1 9 1998 REFERENCE 71103-091 #57805680005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 311, of Marco Beach Unit NINE, a Subdivision according to the Plat thereof recorded in Plat Book 6 Page 69-73 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance heine: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such cos%s, by Resolution of the Board of County Commissioners of Collier County, MAY! 9 Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charqes incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 letfl: IgTIRO~HCI ~Tfl ~OOl lit ?240 2335802 OR: 2432 ?G: 2548 RKOIIDE in the OIEICIA~, R~CORDS of COLLIIR COUgTT, FL 06/22/S~ at. 08:3]AM D~/IGHT B, BP, OCK, CLB~K RESOLUTION NO. 98- I01 RIC FH 10.50 COPIIS 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Johnson, Marion L PO Box 271 Seffner, FL 33583 Lot 19, Block 5, MAIN LINE $ 245.00 SUBDIVISION, as recorded in Plat Book 1, page 98, Public Records of Collier County, Florida The foregoing is plat for subdivision of SW ~ of Section 3, Tow~shlp 47 South, Range 29 East ~EFERENCE: 56404720008 71121-014 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: HAY 1,'9 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, 'CLERK COLLIER COUNTY, FLORIDA ,, cZ, BY: ' "~ttes( as to Chairman's BARBAXRA B. BERRY, signature only. APPROVED AS TO FORM AND LEGAL ~SUFFICIENCY:, ','~ ~ DAVID WEIGEL ~-' '" COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN NAY! ,9 1998 Johnson, Marion L PO Box 271 Seffner, FL 33583 REFERENCE 71121-014 #56404720008 I,IEH HUHBER: LEGAL DESCRIPTION: Lot 19, Block 5, MAIN LINE SUBDIVISION, as recorded in Plat Book 1, page 98, Public Records of Collier County, Florida. The foregoing is plat for subdivision of SW h of SW h of Section 3, Township 47 South, Range 29 East. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/21/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County_ MAY19 Florida, have been assessed against the above property on and shall become a lien on the property thi. rty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (3~;) days from the date of this assessment to be valid. CLEPK, BOARD OF COUHTY COMMISSIONERS CSce 9- 1/93 ~LIH ~0 ?~ BOA~O I~?UOf~[C! I?~ F~OOR lit · ,, .. 2335803 OR: 2432 PG: 2550 UCORDID in the OI'FX¢IA~ R~CORDS of COLI, UR RESOLUTION NO. CO?IlS 2.00 16A2 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Boaud of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Coleman, Beverly Ann 4262 Mohawk Pi. Naples, FL 34112 Lot 33, MOHAWK HEIGHTS, $ 245.00 according to the plat thereof, recorded in Plat Book 9, Page 113, Public Records of Collier County, Florida. REFERENCE: 60481360008 71124-047 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY1 g ~g8 ATTEST: DWIGHT E..BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / ~ttest as to Chairman's ~AR~ ~'. ~E~RY?XxCH~M~N~ APPROVED AS TO F~latur0 0fl]]. AND LEGAL~SUFFIC!ENCY: "~ :~,/: , t .'~ ~ ~C;~..DAVI D WEIGEL CO~TY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Coleman, Beverly Ann 4262 Mohawk Pi. Naples, FL 34112 DATE: REFERENCE 71124-047 #60481360008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 33, MOHAWK HEIGHTS, according to the plat thereof, recorded in Plat Book 9, Page 113, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/01/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, HAY1 9 Florida, have been assessed against the above property on and shall become a ].ien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 2335804 OR: 2432 PG: 2552 RZCORDSD ta the O~HCIAL UCORDS of C01,LIIR COUIlTT, 06/22/98 at 08:33RI( 0i/IGlt? I. BROCI, CL~RK RESOLUTION NO. 98- 163 UC ~! 10.50 C0PI!S 2.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Gray, Nathaniel Charlie Mae Gray EST 209 S 1'~ St. Immokalee, FL 34142 Lot 9 of Block TWO, of that $ 335.00 certain Subdivision known as MAIN LINE Subdivision, as recorded in the public records of Collier County, Florida. REFERENCE: 56402760002 71210-009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY 1 9 ATTEST: " DWIGHT E'.'BROCK, CLERK - /Attest'as to chairman's ' signature only. APPROVED AS TO ?ORM AND LEGAL. SUFF~ICIENCY: .DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB~k ~ .'-B~RY, ~CHA_Z~ CSce 11 - 1/98 Gray, Nathaniel Charlie Mae Gray EST 209 S 1'= St. Immokalee, FL 34142 REFERENCE 71210-009 LEGAL DESCRIPTION: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DA=~.: MAY1 9 1~8 #56402760002 LIEN NUMBER: Lot 9 of Block Two, of that certain Subdivision known as MAIN LINE Subdivision, as recorded in the public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 135.00 and administrative cost of $200.00 for a total of $ 335.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (3~.%) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 ,2335805 OR: 2432 PG: 2554 'RICOR'DID tn Lhe OFFICIAL ~SCORDS of COLMIR COUNTL 0&/22/~ at 0B:33~ OYI~HT ~. BROCK, CL~RK RESOLUTION NO. 98- 16 30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBI,IC NUISANCE, TN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%} per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Fredrickson, Robert J & Lot 40, Block 80, Naples $ 245.00 Leslie K Park Unit No. 6, according to the 2328 Mountain View Rd. plat thereof, recorded at Plat Book 3, Stafford, VA 22554 Page 15. Public Records of Collier County, Florida; LESS ~ EXCEPT the North 10' thereof, as measured at right angles to the North line of said Lot 40. REFERENCE: 62851680002 71215-079 The Clerk of the Board shall mall a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: MAY 1 ~ ~8 ATTEST: - -----DWI GH.T-.E . . BROCK , CLERK · .. .~, '. ... j . - · ,. : .... A~est as to Cha~rman'Q .: r ~ ' '.Signature only. APPROVED AS~ ~TO: D~VID CO~TY ~TTOR~EY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB~A ~'.- CSce 11 - 1/98 . . · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16A 0 ' LEGAL NOTICE OF ASSESSMENT OF LIEN DAT~-: HAY 1 9 ~,~98 Fredrickson, Robert J & Leslie K 2328 Mountain View Rd Stafford, VA 22554 REFERENCE 71215-079 #62851680002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 40, Block 80, Naples Park Unit No. 6, according to the plat thereof recorded at Plat Book 3, page 15. Public Records of Collier County, Florida; LESS AND EXCEPT the North 10' thereof, as measured at right angles to the North line of said Lot 40. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/15/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total cf $ 245.00. Such costs, by Resolution of the Board of C~untV Commissioners of Collier County, Florida. a roper ' on MAY! 9 1.998 and shall become , .:.~n c:: 'he, :':-:'.'.r:':' '.n:rr7 i~q, days after such assessment. You may request ,J h,~aring before '~ne Bc,~rC cf County Commissioners Go show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwa[ranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk et the Board of County Commissioner,s, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 CONSTRUCTION. 5L-kkNTENANCE AND ESCROW AGREEMENT FOR SUBDfVIS[ON LMPROVEME.NTS THIS AGREE.~,LENT cnmr:fi into aUs,/~day or' 7~.c~ .. '..995'. by ?E:--C.:.~' L.~-<E LLNETED P.~.RT.NT_RSFXP. by im gene:?.1 paz-'_e:'. P=~:_;C.~'~ L.-CCE, ~'C., i corporation authonz~ :o do bttsmess m ~e S..mm or' F. odda. whose iddr~ss Se.,~on. Esquire, :i67 Taird Str~: South. Suite tOY..Wapies, F:.onda i"102 ihe~innrier :o ~ "Developer'), md. THE EC,~_KD CF CCL?,.--Y CONN--NfiSSiO~NT_RS OF COUNT',", FLOR.~A, w:ose :d~:ss is 320L -_-"~: 7~ T.'~i~. Names. T. cr. Ca .'--~i act:mailer :.f...' o-e"d :o ~ "!e 2ca-c') zd .-'--2~T .w.:.T:C?M.L 3A},Z< CF .,~.-._,~ ~' ='"' ....... -. ',V, 2ccrs,,'a2 by '*.Se Eoarc ;r', :..'-'zz :ia~ :f, "+ :'"¢"" ' · · . _° , :,,~C., _,~= :O 7¢ :.T.O~.v2 ~ .D c '_ :... _ ."C ' .... ,,~' r .._,,~, ' ..... .~,.. .:LE3ORT L.?,'iT :'~ 3. Tae iubdiv:sion '~:i! :.-cluce ::.'-~ '--_r.svemezts ,,_c, ex-. :.~c,.z:r~ . ' Cat.mt,./ ordinance. ~ se'.."oF.~ 'n i sae z,q~m'--'c.T.c: acs[ ~r_,.m,xe ('Esr. mare') :recar~ ':v W~on, .N, fiiler. =,arvn & P~k. '-c.. i :zpy or' -.~mcz ~ E.,:5..ibit I..--or :mose~ or' ~ .~.__.O'~-m-c:r.. :ac .... ',..uz._ :-. :; "~ ,.e.,..,~e4 ;, ,',.be -Zammate. C .:~¢r~ ' ' ~ ~ ' :ad ~ ' a ' 3f-~ -, "-'* -'cr~-_'c%crl L?.C -nirr=?.a?', 2( '-~c Q ........ Lender has entered into a co=trucrion !oan a~eement with Deve!oper dated (the 'Construe:ion Loan") to r:uad :he c. ost o/' ~e Required Lmorovements. Deve!oper :md ',.be Boa.rd have ac~ow!~g~ r. im~ ~e amount Deveiocer is resulted :o g'uarant~ pursuant :o rZzis Agreement is $ 39a. 5aa. Deve!ocer's en~eer's ~te of ~e :o~c~on :os= for ~e R~ ~rovemea=. N'OW, ~~O~, m co~iderauon of me foregoing premises ~d mu~ cove~m ~ere~er set ~o~, Developer. ~e Bo~d ~d ~e foilows: ..: Deveiocer '~'fil :a~e ~e water, ie'.ver, reads. ~age ~d Recu~ ~prove~ea=. :o :re co~w:c:~ :ursu~c :.: !:~:~t:c-~ ~at ~ave ':eea approvec ty LO~. ~ escrow, 3urz~t :o ~e :e~ 0f :his 5. ~ader ~s ro bold ~ ~scrow 5: :-. disbursed o~y p~m~t to ~is A~:ment. Lender :c!~owi~g: 2isbursed. whe~er pum~t ~o ~ Agr~ment ,er z :farinon icone interest. a. ~e ~crow~ ~ i~l ~e :e!~ :o ~e Deveic=er omy ugon '.vn=en aczrovai oe.e,ccme_t 5err:cas Dire:or who i~ ,-" ~"~ per~ntage compledou of ~e '.vor[< mulr,~iied by '.be :~cec'J,,/e work costs '.ess :eh ~erc:,qt ~.v ,o,. :md .%t.r-,her, that uuon camote:.ioa or' ~e wor'.<, me ..,e/e,oome... . :~e :~"ie~e or' :my remainder or' ~-- '~ .... :" -' · remain m ~crow z~ a De'/e!ooer £.mranr/of :?.J.ute.v. ance of 'Ae .q..-=utr~ ~=rovemeacs :'or minimum =e~od or' one (1) '/ear .~xsuant :o ?re?apb, t0 of .:be .-t~mear. Howe',er, m me e'/e:t '..~c De'/etocer ~imll ,'kii :o ,=u p. iy with ~e :~-ments .ar' :.Lis .&._'~' ~=e:L .'-hen tile L~d~-r ~._e-.--~ :o pa'/:o r. be C,:~ct L"am~ace!7 ':eon _~e?,z:d Ze bai~c-~. of '.~e fi.mOm ':.cid ?n ~cr, ow '&e -::der, ~ ~r' '~e .'ate ar' '_."e _~emo. nd. :ro'/:d~ '-~.-~t '_,:cz .-.a'/me:~. ,)f i',:c: ::ninnc: :c · . .... /e... :o ±e L:nc.'r = .-xci:mg-.."or iuc-h i~..:."W, er'r. :O 're '"=-"'~ ' :2e',:icr:er ."cF .-_cF: '~':..:" ii':.-./ '.St:l ::'/s '.~a: ';'7:z-"r. :c~:ficanca ~f r, zch_ :'aziur: .,,.'- _.:car/. or 7_= a.mcr'"; ;~"'~ .... ,,'-"'=.._~ ........ '='51 :cmcie:: '.re ';'cr:: '-'"-'-~ .-'or .:_-.ce: :-".'--_s or :e :i:cve-m~."Zon~ =:?_c: .:r ':,,~1 .:cmcie:~ r,:ch :cr:..ca ;r' r'.---,." .;'crx z.s '=e '-"- ::z ..'cie iiscr::c: .'i-~ Je:m :,::ssa,-, m '~e :ur. iic m~er-~s; :o me -..".:--.-.~ :f--" .~:ds me-_. '.:) T':e .~scrow 5~e..s :.-.:,an down ;:v .s: ,Z.:tmq/ :h-_ii 're ~e'~ :'or :ar.~.~'2c-.:'ocl )r' R~"c==~ Lm:rove=e.n=, engme:.-.:g, ' ',, ~ " ~_~w,..~g~, ;liner .~.ir:c:- .x .:o~ue-.:~m. wNch me Catmr/ma'/r~r. am .)n '.cz: ,trot ,or' .me .~m-e of ~e Deveicoer :o a~-r./out :md .*.':~ute '.he ~bove-.mezrion~ .~eveic:me:t ':~¢rk: ,.nd. ,,all "-:e Cou=q/will .:rcm.~d7 :-.zav:c ±e L."-"-der '-.-"'/.:c~cn :f 'ae .;.=ds :,,-aw~ !c,.vu '._cd :oc .~x:e--.ded in .:tingle=on .:f me .~aic de'/eiccme-".[ 'a, cr2. 'a'n~: :otc: :o 'he L::C:: ':v ±e C:.t~r/~e-::~.,"zg ',/~ :=-..cu:c~ ,_--. :o 're :o '~'e .3e'/eiccer ih~l :ansUr,'-t: 2u~cr---a.:icn ~v =e Cauzr,' :o '=." Le.".C-~r :'ar :".!='"~e :r' i-e-::=.-~,." ~" .=,::ds :c '~"_. De'/eicc:.'. .:-' .'m-'-:_,..... ':v '-'e L.~-':d:r ..... _. C~'.'-':"."-'- :f '-c ~c,...:: ...... .~ . :."~; '"' '": :.cu.-.' ........... ,.-' :u~or".z2~c: '3v-'-,, --,,--.' 's '-.~ r_e"c-~." :c:i;" ' eau:c/ :d Develog¢,,' of r.h¢ L~der for .r.b¢ ~u~or'.Z~rio~ ~om ~: Count'/. subsrzmUal :cmpiezion by Developer'x engm~,- ziong .ruth ,Szz---~.Shed to ~,e reviewed and ag. proved by '.be Deveioument CoLLier CormU Sttbdi'cbdon Re~lad. o~. R~,.u=e, :moroveme:~:s za.d :esot: :o ~ny :md .dj, :e~.J .~es x-.~-w:: '-- Deveiccer. :hcse :iac~ 'n ,le=osir by ~e Dove!acer :n !c.:s~,.~c= '.::e ,' encsr .Ices not release zny men:es :o Period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this agreement is terminated. The Develcper's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 1 1. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns o£ the Developer and Lender. IN WITNESS WHEREOF. the Board and the Developer have caused this Agreement to be executed by their duly authorized , 1998. SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: Print Name Print Name representatives this dav of PELICAN LAKE LIMITED PARTNERSHIP. by its General Partner, PELICAN LAKE, INC., a Maryland Corporation authorized to do business in the State of Florida By: ~)Norman W. Wilder, President -5- 16A31 Prin. tsd Name Printed Name ATTEST: DWIGHT E. BROCK, CLERK 'lSd/purl Clerk , '' Attest as to Chalrm~n'S signature onlj. FIRST NATIONAL BANK OF MARYLAND /,.; / By: ....' ..... ~; ,,- ; -. '/;/, // Printed Name: Its: 15 '," / / / Notary. Public SUSAN NOTARY PUBUC STALE OF MARYLAND My Commls~iQ~ E~ph~$ S~p~emb~r 22, 2001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. Approved as to form and legal sufficiency: Collier County Attorney - '5 - ?997 .;2; Wilson. ~'fliiler, Barton & Pc~k Opinioa of Probable Cost PELICA,N LAKY- R.V R£$ORT UNIT FOUR .... mmpi 11I Page: 1 16 1, Sar~ ~tar/Calleo:ion ?ommie ~,, 3, ,'~3.90 S;~Jg&,IO $; 7. JdO.'JO .-otai -' "-~ ...... 10% Total ,,.Ma?)v. 1997 I1:~?' Sunimr'/Collecdon Syszem .)?:, Desc,'i~t:an Wilsoa, ,~lill{r, Ba~on Opinion of ?~LICA,'4 L^K~ R.V U~T FOUR "3 F' ?VC ~-,-:v;ty mare (0'-4' cut) t" ?VC ~--~vtty mare (6'4' ~' ?'/C ~vtv/mare (~'-~0' M~olc :' (0'4' (6'-.F :curie ~qI~/sewer 7e:e'/~sicn · ~ .... 0 r .- Si,z 20 ,...z S [ 3.00 :03..'0 L.'- ' :0 L& .'.. :0 _'-.k i:] =.:. .:;.700.00 ., -:.k i . .00.'30 S17,244.00 .~3.-:63.00 .~3. :00.00 S-:.ZO0.00 7,30. O0 .; ;. ~ ....0.~0 .~; 7. '.'=.£00. O0 573.7]=v30 "Moy 0 {.' [997 Potable Water Wilson..Yliller. B~r~on & Peek Op,nion of Probable Cost PELIC..k,',{' LAKE R.V RESORT Ui't 1'I' FOUR L'mt =99 142.00 1 L? S~.O0 .... '" ~ '-~, J,-'6.00 LF S 14.£0 ~-059.00 "k $I.900.00 S9.300.00 L~. S2.'3~]0.00 S-'.:JO0.O0 -:.~. ~600.,20 ,]3.600.00 -:.:. ~'~SO.']O L" 50.'JO ...: -.'- i5.:0 .=.:=, T.)tal ?3raoie ',V'~ter: WiL1on. Miller. g=rIoa & Peek Opinlom ot ?robable Cost ?ELICAiN LAKE ,~.V R£$ORT U~IT FOUR tgJ.O0 ~.~0 ~0.00 ~g.O0 :,900.00 $1.~00.00 :; 1_"00.00 Ji.~O0.CO Z.S,]SO. O0 ~..S30.00 SgO0.O0 S I,ZOO.O0 T,~ml Drmn=ge: aG ~ ~p~ NO. Ii:J? :, · Wilson, ,~iiIler, Barton & Peek Opinion of Probable Cost PELZCA~ LAICE FLV RF. JORT UNIT FOUR : .~s:imated {te,.'n,~ Oesc~otion Quantity (T'..q: ¢ 5-II1') '..'. [ 6 VaU.-y ~uner inte: (:op ,miy) :'.J08.00 ,'T'r..10 T.DO :.'.10 -'" Concur= sidc;vaik Unit Unit-~fic: .',mount L-k :if00.00 $ l.JO0.O0 SY ,~4.ZO SY ~.-'0 ~4.jTl.g0 -~.k ~300.00 S6.~0.00 L.-' $4.£0 F":.Jlg6.00 L.-' SS ..lO E.k '] [ZO.00 i'C~.00 Total Paving: Si CZ.Jg.i. 20 MAYx gx 8 M~y'O I. ~997 7-005-00. ':-.mN Ocsc~odon 9000 6' Lamp st~dm'ds wj~ ~obe Wilson. ,~liller. Bar, on & Peek Opinion or Probable Cost PELZCA,N' LAK~: R.V RESORT UNIT FOUR ~uannt"v 33.00 P:ge: 6 Unic ~ ~00.00 SIT.500. O0 5I?,~0~00 14:14 FAX 941 8J' ~7~$ ~IL$0N EILLER 16 32 003 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION LMPROVE~tENTS THi:; AGiLEEMENT entered into this/_5~ day of .. '7~2o.~ _, 19,5~', by PELICAN' LAKE I_IM]TE~ PARTN"ERS~r~_, 'by its gcncral partner, PELICAN LAKE, mC., a Maryland corporation authorized to do business/n the State of Florida. whose add'ess is c/o David N. Sexton, Es~ire, Ii67 Third Str=t South, Suite 107, Naples, Florida 34102 (h=r~-inaf;a.- to as "Developer"), and THE BOARD OF COUNTY CO~%AM'ISSIONERS OF COLLIER COL~'TY, ?LOR2DA, whose ~dress is ~301 East Tamiami Trail, Naples, Flor{da 34112 (hereinafter referred to as 'the Board") and FLR. ST NATION.4j.. BANK OF M.-,R. LAN.o. (hereina~er ~efe~ed to as A. Developer has, skmultaneously w;~ the deli,/.,,z:-y of ~ .'%~'~menr. a?piie, d for ,~t approval by ~he Board of a certain plat of a mbdivision to be known as PELICAN LAK_E R.V. RESORT U~Tr TI, ii:LEE. B. The subdivision will include certain improvcmcnu which are required by Collier Cotmty ordirances, as set forth in a site construc-v, ion cost estimate ( Esumnte ) prepared by Wilson, Miller, Bm-ton & Peek, inc., a copy of which is atuch~ h-'rem and inco .r-~rar,:d her:in as Ex2'dbi: !. For purposes of r. kis Agreernem, the 'R~ .--'quired Improvements" are Ii.mired to those des~ibed m rr~e Estimate. C. Sect/oas 3.2.6.5.6 ,-a'x:[ 3.2.9. I of the Colli~ Cour~ the Unified l..~md Development Cede requires the De',,eiop~ to provide appropriate guaramees for the con. srn.tczi~n and mainr~a.r, ce of the Requ~ed knprovemen~. AGENCAITEM MAY 1 9 1998 -_..~Pg-_ D. L:~d~r aaa :n~::~ L~[o t corem!calan Iaaa -'.zr::mca{ M~ Dcv~!occr datcd t t / 2 i / 9 6 (~c 'Co~macdo~ Lo~') ~o ~d ~e ~s: of ~e ~,~ ~ro',~c z~. Dewioper'~ e~r's =~:: of ~c ~acdo~ ~su for ~ R~qub~ · ~ilow~: 2. Dev-_:oce: h:rs?/iur, b. arlza~ r --d,'- :o hcid ~':-' 754 .~.~ 5'c=. i.oa.n. "-. -~ScrDw, Dv,.-ru.z~t [o :~: :c.~.~s of ,,h_is ? - ]. Laad=r a~..s :o ~oid az =crow 527~, 754.5.~ 5-.:=, 'J:m Cc=s-c~.:'cdoa Lo~. r.o be =:sour2~d. OM'/out. ant tO ~ i~-,.-~,... [2 .... ick2owicd~s dlat L¥_'q : _ . ._-- ~,.., ~,.~ 20r. ~,asdcat: a draw -*gxir~r thc Consu'a~cn Los 5md but -~,: xd7 such 5c~.g ~burscd. who'.her pur~r :o ~ ,l.~..,~.,~.czt or a ,-'r. ovizic: of cbc Com~c-~_,c~or, ' - -~--:~ NO. · 02/Z.~198 ~ 14:15 F.LI i}41 $4.~ '?I$ WILSON MILLER 5005 16 ,32 ~ percentage ¢ompledon of thc work mul~licd by thc resp~tive work costs less mn pcrcenr (!0 %); ..~mud further, th~ uvon completion of the work, the Development Servic~ Director sh~l approve ~ the release ,fa.ny remainder of escrowed funcg except to thc ex, ut of $ 24__~. 977.69w~ch s~;dl ,*re~:min {.n ~crow as a Devetoc}er g'uarzncv of maintenamc: of thc R .e~!Ldred Immrovcments for a i~.imizd, mTM ~.'riod of one <!) year pursuant to Pa.mg~ph 10 of ,.he Agzcement. Howev,r, in ~ to pa) to th. Coun<:' imm~iam!y upon d~-mand the baJau~ of the funds held ia escrow by .,~the Lender, as of the date of cbc dern~d, provided m~r upon payment of such bala,~,ce to ~Ualy, ',.he County will leave ex~u:ed and d,.l~v~,-..zi to thc L.endcr ia cxchan_~e for such '= " . , ands ~ta£~ment ~o ,~e sign~I by the Developmera Set;ices Dkccmr to thc .¢ff.,ec: (a) Develoc~e ~o, -- ,' , ,' r. -mo, e m~ sixt~ (60) clays af'~r wri~n notL.Sca=io '- ,-~ .~ failed to :omply a,i~ the r' .,-a. tiremenu <~f ct~ a~eement: n or =u,.,.."ailur~ ~ ('b) The County, or its '-uthoriz~ age:r, will comole~ the wort- call,.,~ 5or ::n~e, i{~-mt of the ;.hove-mentioned cona-act or 'aill comol=e such porcion of ruch wor ,, . . escrow; ...... ,~.s~,= y m cae puouc Lmeres: t~ the ex-tent of the P',i.qcLs the.,-. (c) The escrow fi.rods drawn down by the Coumy shall be used for cons~uczion of rAe aired lm~. rovements, engineering, Iezal and contingent costs and expenses, and to offse: ar.-; either direc: or consequential.'<~vkicl: the Cotton, may sustain on account or' :h: :a:!ur~ the Devclcper to cart/out and execute the above-mentioned development work: and. (d) The Cotmry ',rill promptly r~ay to ~e Lender any portion of the funds drawn down not expended in completion of the said development work. ' 5. Written notice to the Let, der by the County sp~ifying what amoum_~ arc to be paid .,i. the Developer sMll coastimt~ authorization by the County to the Lender for release o.." th: ~ecified fun. is to the Developer. ?a.','men~ ~y '.he Lender to ~e Developer of ti',.e a-mounu in a lc=ct of authorization by kk-. County to the Lender shall cor..sdcate a tel ~"KD l.J:l$ F.~ 9~I $~' "?i~ ~IL$ON ~ILLER ~Co~ ~ Develop~ of ~e Le~er for ~e ~ d~b~ ~ a~rda~ wi~ ~e le~er of au~or~o a ~ ~e Co~.~ · ~e R~u~ rm~rov~e~ s~ not ~ ~mider~ ~Iete ~ a s~t~ent of ~Sabs~fifi to~letion by Developer's ~g~e~ fiong wi~ ~e ~I proj~ r~or~ :~ve been ~h~ to be review~ md auprov~ by ~e D~el~at ~i~ D~e~or for co~[~ce .~-:~ e Collier Cotrary Subdivision Re~iatiom. 7, The Development Se,'wices Director shall, within sixty (60) trays of r~.eipt cf ~l~tatement of ~'ubstantial completion, either: a) notify the Developer in writ~g Of his approval of toe improve:neats; or b) notify the Developer in writing of ~ refusal to approve mprovemems, ther~'ith sp=~.~mg those conditions which the Developer must fulril, l in order :o ~b~: the Direcuar of the Requir~ Improvements. However, in no event shall the Development ?~e.s Dire ctor refi~se p~l' ;:rninm. v. ac...."?mn~ of :he irrrprovemcnrs if ~.'l~z are in Fact cot,.su-uct~ pd submitmt for ap=royal i,n a~ordan= with the requiremems of this Agreement. 8. Should the funds held i: ~crow be insu~cient to complete the Recuk-e~ hprove'nmnls, the Board, after duly considering the public interco, may at irs option complete he Required rrnprovements and resort :o any and ail legal remedies against the Developer. 9. Nothing ;.n this A~eemen.: shall make the L,.mder liable for any fonds or. kef ~.ose placed :.n d~osit by the Developer ;m accordanc.: with '..he foregoing provision; provide.-i. l ot :he Lender does not release any monies to the Developer or to an.,,, other person excect as ted in this Escrow Agreement. ~]00~ 10. The Developer shall maintain all Requ. ired Im.m-ovemenrs for one ye~- aRer ~.pproval by the Development Services Dh'cc:or. After th~ one w..er ~ P~- __ Period by the Developer and upon st~bmission of a written request for Lnspection. the Development Services Director shall respect the Required Improvements and, [f found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibili.ty to the Board under this agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibilitT¢ for and by the Coun .W. t 1. ,-kll of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and Lender. IN WITNESS WHEREOF, the 3oa.rd and the Developer have caused th2s Agreement to be executed by the,~r duty authorized representatives this _.. da,,' of ,1998. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: PELICAN LAKE LIMITED P.Qd~TNERSHiP, by its General Partner, PELICAN LAKE, INC., a Maryland Corporation auLhor~zed co do business in the State of Florida Print Name mv: Norman W. Wilder, President Print Name 8 Printed Name A~fEST: '" ~'. Attest as to Chairman's s Ignature only. FIRST NATIONAL BANK OF MARYL4ND '-' Printed/Name:~'~ t · Notary Public SUSAN L. TRAGESER NOTARY PUBLIC STATE OF MARYLAND My Commission Expires Seplember 22, 2001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. Approved as to form and legal su~ciency: ~-om~ Co~un~.'- A'ttarnev AGENDA iTEM May 01, 1997 ! 1:40 Summary 0237-005-00.E3 $4' WIL~ON ~ILLER Wilson, Mil]er, Bar',on & Peek Opiaio- otProbaMe Cost ?ELICAM LA/rE R.V, RESORT ~ 00~ P"g¢: SanitmT CoUec:ion Pomb[¢ Wa:ar PavLu~ Tom[ Con~c: Con:ing:ncie$. !¢5 To,'.l Cor~pJC:!cr, $64,816.00 S49,224.00 $45,264.00 $78,$62.90 SI 1,600.00 S249,776.90 $24,977.~9 S274.7~J9 AGENDA ITEM P(1. JRT SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road West Palm Beach, FL 33416 SFWMD 98-29 CO-ROW CONSENT AGREEMENT Pursuant to Section 373.119, Florida Statutes, this Consent Agreement is entered into between the SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter "District") and COLLIER COUNTY TRANSPORTATION SERVICES DEPARTMENT (hereinafter "County") by mutual consent, without hearing or adjudication of any issue of fact or law, and without this Consent Agreement constituting admission of fact or law, unless otherwise stipulated herein. Premises The parties accept as premises for this Consent Agreement the following facts and allegations: 1. The subject property is located within all or parts of Sections 19 and 24, Township 48 South, Ranges 25 and 26 East, Collier County, Flodda (see location map attached hereto as Exhibit "A" and the documentation evidencing the District's ownership of the subject property attached as Exhibit "B"), and the District's lands and works include the Cocohatchee Canal and associated structures and rights of way. o 7 o The Cocohatchee Canal Phase 3A is the third phase of a four phase improvement plan on the Cocohatchee Canal in Collier County, Florida. The Cocohatchee Canal, commonly known as the Immokalee Road Canal, drains an approximate 186 square mile area consisting of mixed development, agriculture, and natural areas. The objectives of this project are to raise the level of flood protection, increase water supply, and enhance the environment. The proposed improvements will reduce over-drainage of the upstream Corkscrew and Bird Rookery Swamps, increase ground water reserves, and provide greater flood protection. The components of this phase of the project include: 1)excavating and enlarging approximately 5.5 miles of canal; 2)constructing one new water control structure; 3)removing a wooden bridge, and replacing several undersized culveds and canal crossings. All improvements will be constructed within the South Florida Water Management District Right of Way. Canal excavation is currently scheduled to commence June, 1998. The Parties acknowledge that delays in construction could occur. The District shall notify the County of any significant construction delays, but any delays shall not impact or otherwise change any of the obligations of the Padies under the terms of this Consent Agreement. The County is a political subdivision of the State of Florida whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. 16B1 On 'September 14, 1995, the District issued Right of Way Occupancy Permit No. 10352 authorizing dual bridges crossing the Cocohatchee Canal located at Livingston Road. A true and correct copy of the permit and drawings are attached as Exhibit "C" and incorporated herein. On March 12, 1998, the District issued Right of Way Occupancy Permit No. 10352 authorizing a culved bridge, known as Northbrooke Drive, and a 18" R.C.P. in the northwest quadrant embankment of the culvert. A true and correct copy of the permit is attached as Exhibit "D" and incorporated herein. 10. The District has completed a field inspection inventory of all above-ground encroachments on the District's right of way; both those which have been permitted and those which are unpermitted. The inspection revealed that the County has the following encroachrnents on the right of way: ENCROACHMENT Dual Bridges at Livingston Road 18" R.C.P. (NW quadranl of culvert) Culvert Bridge (Nodhbrooke Dr) guardrail 11. 12. STATUS OF ENCROACHMENT Permitted Permitted Permitted Permitted A true and correct copy of the field inspection is attached as Exhibit "E" and incorporate herein. Although the District needs to have all encroachments removed in order for the contractor to commence work, all of the items cited in paragraph 10, above will not interfere with the District's contractor work and can remain. The District has been in contact with the County in an effort to reach an agreement. 3 1681 13. 14. The District's Goveming Board authorized the Executive Director, or his designee, to execute this Agreement. The memorandum setting forth this designation is attached as Exhibit "F" and is incorporated herein. Upon review, staff of the District find that the agreement, if implemented as described below, will satisfy their concerns without the necessity of further legal action. 15. 16. 17. 18. In consideration of the premises recited above, the parties agree and it is hereby ORDERED: The County waives its right to an administrative hearing on all of the terms of this Consent Agreement under Section 120.57, Florida Statutes, its rights and any obligations of the District under Section 120.60(7), Florida Statutes, its right to appeal this Consent Order pursuant to Section 120.68, Florida Statutes, and any other legal rights upon which to dispute the terms of this Consent Agreement or otherwise challenge continued construction of the Cocohatchee Canal improvement projects. The County shall take full responsibility for complete compliance with this Consent Agreement by the date(s) stipulated herein. No modification of the terms of this Consent Agreement shall be effective until reduced to writing and executed by both the County and the District. Both the District and the County understand that time is of the essence with regard to this Consent Agreement, and that absolutely no extensions of time to completely IIIIIII I I II 19. 20. 21. 22. 23. 24. comply with all of the terms of this Consent Agreement will be allowed for any reason. The District and the County agree that this Consent Agreement will constitute final disposition of the issues between the padies. The District hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit future violations of applicable statutes or the rules promulgated thereunder not covered by the terms of this Consent Agreement. Neither the District nor the District's contractor have any obligation to replace any' encroachments either permitted or unpermitted encroachments placed on the District's right of way. The District's contractor shall remove the guardrail to allow access to the District's right of way, but shall replace said guardrail at the conclusion of the construction. If the County desires to install any new facilities within the District's right of way, it may file a Right of Way Occupancy Permit/Modification application, once construction is complete and prior to placing any encroachments on the District's right of way. The necessary non-refundable application processing fee must be included with any application, and all Right of Way Occupancy Permits or Modifications are subject to approval by the District's Governing Board. For and in consideration of the provisions and obligations agreed to in this Consenl Agreement, the District waives its rights to seek administrative or judicial imposition of damages, injunctions or restraining orders, and civil or criminal penalties for any and all acts of the County or its agents which occurred prior to the District's approval 25. 26. 1681 of this Consent Agreement or are authorized to occur in the future by the provisions of this Consent Agreement. The County hereby agrees to defend, hold and save the District harmless from any and all damages or claims which arise from previously unauthorized uses of the right of way if any, or the continued use of the District's right of way. Pursuant to sections 373.044, 373.083, 373.085, 373.086, 373.119, 373.129, 373.603 and 120.69, Florida Statutes and rules 40E-1.609, 40E-6.341 and 40E- 6.491, Florida Administrative Code, as well as any other statutory, administrative or common law remedies available, the District is authorized to enforce the terms of this Consent Agreement and seek other remedies for violation of the terms of this Consent Agreement which include but are not limited to: a. An injunction to abate the violations; b. Civil penalties in an amount not to exceed $10,000.00 per day, each day constituting a separate offense; c. Investigative and removal costs, coud costs (including both costs recoverable under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, other provisions of the Florida Statutes and Florida Administrative Code, as well as any and all other costs associated with litigation that are not taxable costs under the cited authorities), and reasonable attorney's fees, plus interest at the highest rate allowed under Florida law calculated from the time the District incurs each expense. Such attorney's fees shall be based upon the fair market value of the services provided, based upon what a private attorney would charge. 27. This Consent Agreement shall take effect upon adoption by and execution on behalf of the Governing Board of the District, shall be filed with and acknowledged by the Clerk of the District immediately thereafter, and shall remain in full force and effect until its terms and conditions are carried out. The requirements of this Consent Agreement shall bind and inure to the benefit of the successors and assigns of the County, except as modified by the District. 28. ALL OF THE OBLIGATIONS OF THE PARTIES ARE SET FORTH HEREIN. NO ORAL REPRESENTATIONS OR AGREEMENTS OF ANY KIND WILL ALTER ANY OF THE TERMS AGREED UPON IN THIS CONSENT AGREEMENT. [ [[[[[ n[f,qn [[ [ I l[ 16B1 COUNTY: COLLIER COUNTY, FLORIDA through its COUNTY COMMISSION ATTEST Dwight Brock Clerk of the Circuit Court' By: Deputy Clerk' Approved as to form & legal sufficiency Assistant County Attorney Attest as to Chairm~n signature only. '$ 1681 ORDERED at West Palm Beach, Palm Beach County, Florida, this ~r-~ \ ,1998. day of SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD ATTEST: By BY: Assistant Secretary William F. Director, Construction and Land Management Legal Form Approved SFWMD.Office of Counsel'S'' Date ,~-- ,2~- ~,~ ~ FILED WITH THE CLERK OF THE SOUTH FLORIDA ~/ATER MANAGE~.E~..N.T DISTRICT ON . #,4/¥~4.,6C ~, Y, .~. z'.~'.~_, /'/(../b/3 L/ ' Deputy District'(JCe~'k ~) SFWMD PERMIT NO. 10352 (NON-ASSIGNABLE) SEPTEMBER 14, 1995 DATE ISSUED AUTHORIZING: DUAL BRIDGES CROSSING THE COCOHATCHEE CANAL LOCATED AT LIVINGSTON ROAD. (STATION 97 + 60) LOCATED IN: COLLIER COUNTY, SECTION 24 TOWNSHIP 48S RANGE 25E ISSUED TO: (OWNER) COLLIER COUNTY 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 33962 ATTN: GEORGE F. ARCHIBALD, P.E. This permit is issued pursuant to Application No, 95-0731-2 dated JULY 20. 1995 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which mc,7 arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, includlng all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, herel:.y' agrees that he shall promptly comply with all orders of tho District and shall alter, repair or remove his use solely at his expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain tho property of the permittee. This permit is issued by tho District as a license to use or occupy District works or lands. It does not create any' right or entitlement. either legal or equitable, Io tho continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obliga',ion to transfer this permit to any subsequent party. By acceptance of this permil, the pormittee expressly acknowledges that the permittee bears all risk of loss as a result el revocation of this perm;t. WORK PROPOSED, WILL BE COMPLETED ON OR BEFORE SEPTEMBER 30. 1997 olher',vise, this permit is void and a;i r~ghts thereunder are automatically canceled unless an extension to the construction period is applied for and granted. 12 LIMITING CONDITIONS. Ion reverse side of permit} SPECIAL CONDITIONS (SPECIFIC LIMITING CONDITIONS) ARE AS FOLLOWS: SPECIAL CONDITIONS ON THE ATTACHED SHEET ARE PART OF THIS DOCUMENT. c: ROBERT MURRAY HOLE. MONTES, & ASSOCIATES. INCORPORATED 6202-F PRESIDENTIAL COURT FORT MYERS, FLORIDA 33919 CHRIS CLAUSSEN ESTERO ISLAND MARKETING GROUP 7401 ESTERO BOULEVARD FORT MYERS. FLORIDA 33934 FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON BY ORIGINAL SIGNED BY B A,I'~,/~ r~. FRONCZEK SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING1BOARD ORIGINA;,,L SIGNED BY' J BY: TONY' 13[JRN~ J - Assistant Secretary - Acting in absence of Secretary Exhibit "¢" 40E.6.381 Limited Condi,,un$ The O,$cr~ct $ auir~or~zatlOn to ut*hZe lano$ and other worts COnStituteS · revocable hcense ~n co~s,ce,at,¢~,, perm,~s J~sue~ gutSuant :0 tm1 cndozer (1) Alt stru~u~es on O,~tr,ct worts or J4~$ coast/utica Oy pe~m,~ee shaft remain the orooe~y of oe,m,~ee d~Sumes no Outy w,~n re~at~ tO en~urln~ that such uses are SO ~alntamed dna assumes no llaOH~Cy w~n re~dr~ to ,n~ur,e~ c.'~e~ s~4n~aras of o~ne( governmental entrees Dray,aaa. ~ase~ uDon w~at a Dr,v,ce 6~orney wou~a charge Derm~ea use UOon revocation, c~e Derm*~ee s~ll Dtomouy mO~dy, tel~te or remove the Oerm*~ea use failure ~0 SO ComDly w~t~n ~e IDac,hca ~me. the D~scr~ may remove cna Derm,~ea use aaa Derm,~ee sna~t De resDcns.:,e '3. ~.~ Femoral (4) Th~ Derm~ ~oes not con~ey *ny Drooe~y r~ntS no~ ~ny r~S or Privileges other ~n ~ose soec,t,e¢ O,ttt~ aDOrovet (~e perm~eo use Onty ~0 cna e~enc of ,cs ,ncerest ,n the wor~s of the O,s~r,~ Perm,~ees snalr necessary teaeraL tta~e. Ioc&l. sDeoal O~str~ aaa prwa~e authorizations or,or tO the ~a~ of any cOn~ru~,c~ au¢~or~zed by t~e Dermis The D~s~r,~. however, atiu~es no Ou~y to ensure mat any such author,zarlOmS ~ave ~een CS) Perm~ee agrees to hold aaa ~ve the D~str~ narmle[s from any and all ~ama~es or claims wa,ca ar,~e OwnersmO. constru~on, ma,n~enance Or oDera[Ion Of t~e oerm,~ed use. wnet~er causea Dy t~e ,nlurea Dersan permuted use Fh~s O~hg~t~On e,OresSly mcluaes ~ny ~lleged or 6~u,I neghgence ~y the D,s~r~ as ~o ~ll per~,~mG re,atom9 ~he SUDfe~ use. ,nClud~g enforcement Ot Derm~ cOn~lt~Ons Perm~ee ~grees co prov,~e legal (ou~e~ (6) The oerm,~ee snail aemonstrate mat ,r possesses financial sntegr~ty to ensure comDhance wi~n germ,: c~n~lt:O~ O~Str~ :oas not w~ve SOvereign ~mmumty m any ~ra~lO~ ~a,nrena~ce or o~erat~on of ~he ~or~s Of ~he OmStrm~. Ca) ~'schdtgeoraeor,sor6auat,cweeas,ntochewor~sot~heO~szr,~; (b} caus~n~ erosion Or snoahn~ w~tnm the wOr~S Of :he as may be au:~or,~e~ ~y the pertain ~erm,~ee ~ndH be retoons,~le for any cO~s ~ncu~rea by tat D~str~ resulting from any suc~ interference (8) Perm,~eesnallallOwt~eO~stt~tOmSDe~theDerm,~eau~atanyreascnaDlet~me ~9) ~he O,~tr,~ ~s :~e r,g~t tO change, regu~J~e, hm,~. scheaule, or susan: msch~rges m~o. ~r w,t~rawa~5 from ~Stt~ ~ea$ondole Or*O( wtl~en ~o~ce Shall ~e gtve~ ~O Perm~ee. (10) if cna use ,nvo~ves the CO~s:f~lo~ O~ tattoo,es tar a non exempt water w,tndrawal Or lurtace water :~sc~at~e. aDol,can{ mu~C aDDI~ lOt and oOta,n a water use or surface water management ~er~lc before any a~v,:~es may ~e contuse: DutSudnt tot~er~gncofwayOCCuOanCyDerm~t oerm,~ee owns :~e unaerlymg /e~na aer,v~ a substantial ~eneht from t~e ~rm,~ use. the tax,ng autnor~ty may re,ns:ate not,ce may ~ maae :~ougn hi,ag a CODy of the perm~c or Other aPDrOpr~a~e notJce agreea to by t~e O~str:~ ,n the DuOhC retorts of the County Or counties where t~e prole~ *s located aaa by Orov,amg ~he O~str~ w*:~ PrOOf of thing or :~roug~ an perm~ees w~o are ddlacent landowners S~ec~hc ~u~or~ty 373 0~. 373 ~ 13 F S L~w~o~emente~Ch~O~e~s2S20gan~ 2S270. Laws of ~lor,aa. ~96 199 (~). ]71042. 373083 (1). 373 085 (1). ]73.103. 37] :09 373 ~stoty..N~ 9.3.81. *menae~ S.30.82. 12.2~.8&. 12-24-91 Formerly 16K.5 01 (2). ~6K.S 02(2). 16K.5 03(2). 16K.S Oa (4). 16R S 0S RESOLUTION NO. 98- 165 RESOI,UTION OF 'DIE BOARD OF COUNTY COMMISSIONERS OF COLI_IER COUNTY. FI,ORIDA, AUTliORIZING 'rite ACQUISITION BY GIFT OR PURCItASE OF ROAD RIGIIT-OF-WAY. SLOPE, SIDF,\VALK. UTILII'Y. DRAINAGE. MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE WttlC[I ACQUISITIONS ARE REQUIP, ED FOR Till:, CONSTRUCTION OF TIlE NORTII NAPLES ROADWAY MUNICIPAL SERVICE TAXING AND BENF, FIT UNIT (LIVINGSTON ROAD) FROM IMMOKAI,EE ROAD (C.R. 846) TO I,EE/COLLIER COUNTY LINE, CIE NO. 021. WHEREAS, the Board of Courtly Conunissioners (Board), on Scptcnlber 27. 1994 adopted Ordinance No. 94-54 therein establishing tile 1994 (Sixtl~ Annual) Capital Improvement clement el'Ibc Growth Management Phm in order to csti,blish priorilics Ibr tile design, acquisition and construction of tile various capital improvement projects which comprise tim 'l'r:nlsponation Element of tile Cotlnty's Comprehensive l'lan: and WHEREAS. the Board of County Commissioners of Collier County (the Board) adopted Collier Cotillty Ordimmcc No. 85-13 on March 19. 1985 creating thc Norlh Naples Roadway Mtmicipal Services Taxing and Benefit Unit (MS'I'U): and WHEREAS. thc construction of Ibc roadway for tile North Naples Roadway MSTU (Livingston Road) from Immokalee Road to Lcc/(?ollicr County Line are component parts of thc Transportation Element of Ibc County's Comprehensive Plan; and WItEREAS, alternate locations, enviromnental factors, long range planning, cost variables. concurrence, safety and wcl fare considerations have bccn rcvicwctl as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and itl lbo best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rigbts required for the construction of thc North Naples Roadway MSTU (Livingston Road) from Imrnokalce Road to Loc/Collier County Linc. hereinafter referred Io as "Project" as identified on Exhibit "A" attached hereto and incorporated herein reference; and WHEREAS. the design and construction of said transporlation improvements and related facilities bare been detemlincd by the Board to hc necessary and in the best inlcrcst of Collier County; and WHEREAS. Ibc construction of thc transportation improvements and related facilities contemplated by the Project are neccssaq' in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in mccting ccrlain concurrcncy rcqt, ircmcnts of thc Growth Management Plan for Collier Cmmty. NOW, THEREFORE, BE IT RESOLVED BY ]'lie BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, lhal: I. Tile Board bas considered thc cnvironmcnlal factors, safcty I'actors and Iiscal considcrations relating to Ih¢ final adopted location of the Ir;mst'~ortalior~ improvements and related facilities. 2. The road right-of-way, slope, sidewalk, utility, drainage, maintenance and tempereD, construction interests by easement ~,nd/or Ibc fcc simple title acquisitions idcnti fled on Exbibit "A" are tile most feasible locations, both necessary and consistent with tile project requirements, in order to permit tile construction and mainlcnancc of thc transporlation improvements and rclalcd fi~cilitics for tile Norlh Naples Roadway MSTU (Livingston Road) From Immokalce Road Io the Lee/Collier County Line, CIE Project No. 021. 3. The Board has determined that lhc construction and maintenar~ce of the roadway and related facilities are necessary for a public puqmse and is ill tile best interest of Collier County. 4. The conslruction and rnaintenance o£ the transportalion inlprovemcnts and related facilities arc compatible with the long range planning goals and objectives of tim Growth Management Plan for Collier County. 5. It is necessary and in the best inlerest of Collicr County for the Board to acquire tbe road right-of-way, slope, sidewalk, utility, drainage, mainlcnance and temporary construction interests by easement and/or tile fcc simple title identified in Exhibit "A"; and County Stall'is hereby authorized and directed lo acquire by gi It or purchase thc perpetual, non-exclusive, road right-ol'-way, slope. sidewalk, utility, drainage, m;.intenance and temperaq' conslruction interests by easement and/or fcc simple title on tile properties identified in Exhibit "A". 6. The Chairman of tile Board is hereby aulhori×cd to execute Appraisal Agreements wilh Ibc appraisal finn(s) selected from thc list of firms pre-quail fled by thc Board of County Commissioners. Tile Board further directs staff to usc appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of thc Projccl in a timely :md cost-crfectivc manner. 7. The Board, in accordance with tile provisions of Chapter 125.355, Florida Statutes, hereby formally waives thc requirement for a formal, independent appraisal report for the purchase ora ~Pa~e 2- 1685 properly where Ibc purchase price of the parcel (thc compcnsalion due to lhc property owner) is less than One lhmdrcd Thousand and 00/I f)O Dollars ($100,000.00). In lieu of thc independent appraisal rcport, star,f, is hereby attthorized to make pnrchase off`frs ['or thc properties, thc dollar amounts of, which shall be prcdicatcd on "staffcompcnsalion cstimatcs" based upon indcpcndcnt appraisals (and the data tinter,rom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent Io the subject parcels. 8. Upon tim approval by the County Attorney's Office ofall docurnents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed lo of,f,er immediate delivery to the respective property owners of tile full compensation (as established by thc appraisal or staff compensation estimates itl accordance with tile provisions of Chapter 125.355, Florida Statutes), in return for tile immediate and proper execution of.lhc respective casements, or deeds and such other legal docmnents and/or af,fidavits ;is thc County Attorney's Office deems appropriate in order to protect tile interests of.the County; and tile Board hereby authorizes its present Chaimmn and any subsequent Chainnan, for the li [`e of,lhc Project, to execute ally instrmncnts which have been approved by thc Office of tile County Attorney, Io remove thc lien o[` any encumbrance and f,or any such other purpose as may be required for Ibc acquired road righl-of,-way, slope, sidewalk, utility, drainage, maintenance and temporary construction interests by easement and/or fcc simple tide. 9. In thosc instances ~vhcrc negotiated settlements may be obtained via tile "Purchase Agreement" or "Easement Agreement" mechanism, thc Director of.the Office of'Capital Projects Management, or his designee, is charged with tile responsibility Ibr complelion of.various capital improvement projects. and is hereby delcgaled the authority Io approve thc purchase o[` land interests above tim staff. compensation estimate or appraised vah,c and pay normally related costs xvhcn it is in tile best interest of the Project, within thc pro-rata share of thc land rights acquisition budget ['or the parcel being acquired, only when tile dirFercnce between thc purchase price and compensation estimate or appraised value is less lhan Fil'tccn Thonsand and 00,'10(} Dollars (SI 5.f)()().()O) or thc current purchasing limils established by tile Collier County Pttrclmsing [)cprtrtmcnt; provided, Project finding is available. I0. That tile settlement approval authority is delegated by tile Board lo the extent that such approvals do not cenllict wilh the provisions of,Section 125.355, Florida Statutes. I I. Tile Chairman of thc Board is hereby aulhorizcd to cxeculc Easement Agreements anti Purchase Agreements where tile hmdowncr has agreed to sell thc required land rights Io Iht ('ounty al ils 16B5 appraised value or at that amount considered thc "Administralivc Settlement Amount" as such Icnn is internally used by the administrative agencies of Collier Counly. 12. Where the property owner agrees, by sworn affidavit or agreement C'Purchase Agreement" or "Easement Agreement"?. to convey a necessa~ inlerest in real propcay to the Courtly, anti upon thc proper cxcculion by tim property owner oVlhosc easemcnls or fee simple title, and such other legal documents as Ibc Office of thc County Atlorncy may require, thc Board hereby authorizes thc Finance Dcpanment to issue wammls, payable ~o ll~c property owner(s) of record, in those amounts as s~all be specified on a closing statement and which shall be based upon thc appraisal or staffcompensation estimate in accordance wilh this Rcsolulion ami Ibc provisions of Section 125.355, Florida Slatutcs. 13. All title ~o propcflics or interests in properties which have been obtained in Ihe manner described above shall be deemed "accepled" by Iht Board of Counly Commissioners, as the governing body of Collier County, Florida, a political subdivision of thc State of Florida, and as such. staff is hereby aulhorized 1o record in Ihe Public Records of Collier County, Florida, said casements or fee simple title and such other inslrnmcnts as may be required to remove thc lien of any encumbrance fi'om the acquired propc~ies. This Resolution repeals and supersedes Rcsolulion 90-35 and Resolution 90-36 in its entirety. THIS RESOLUTION ADOPTED on this / 7//day of '; 19{~. after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK signature only. Approved as to Fom~ and legal sufficiencv: Heidi F. Asbton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA -Paqo ,i- oo 1685~,, EXHIBIT , RESOLUTION NO. 98-__ I (~l~ '7 ~i~ 2 3 A RESOLUTION TO AUTHORIZE REDUCTIONS OF SPEED LIMITS 4 TO TWENTY FIVE MILES PER HOUR (25 MPH) IN GULF HARBOR 5 SUBDIVISION. 6 7 W[tEREAS, Chapter 316, Florida Slatutes, permits the Board of County Commissioners to alter 8 or establish speed limits on roads under its juristliction; and 9 WIIEREAS, I. P:m Am Avcnnc, 2. Park Avenue. 3. Glendale Avenue, 4. Venetian Way, 5. I0 Bclaire Court, 6. Rainbow Court, and 7. Gnmd Canal Drive of Gulf Harbor Subdivision fall under the II jurisdiction of the Board of County Commissioners; and 12 WIIEREAS, in accordance with Chapter 316, Florida Statutes, the Board of County 13 Commissioners may set speed 7ones altering such existing speeds when. after investigation, it determines 14 such a limit is reasonable; and 15 WltEREAS. 1. Pan Am Avenue. 2. Park Avenue, 3. Glendale Avenue, 4. Venetian Way. 5. 16 Bclaire Court, 6. Rainbow Court, and 7. Grand Canal Drive are a contiguous residential strcet'network, 17 which is construclcd with land widths in anlicipation of accommodating only low traffic volumes with 18 vehicles traveling at Iow speeds; and 19 WItEREAS, an cnginccriog study by Collier County Transporlation Services Department has 21) determined that a speed limit of twenty five miles per hottr (25 MPH) would be appropriate tbr 1. Pan Am 21 Avenue, 2. Park Avcntm. 3. Glendale Avenue, 4. Venetian Way, 5. Bclair¢ Court, 6. Rainbow Court, and 7. 22 Grand Canal Drive since said roadway widths are less than present County standards. 23 NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COtJNTY 24 COMMISSIONERS OF COLLIER ('OUNTY, FLORIDA, that thc Board of County Commissioners does 25 hereby establish a twenty five miles per hour (25 MPH) speed limit on I. Pan Am Avenue, 2. Park Avenue, 26 3. Glendale Avenue, 4. Venetian Way, 5. Belairc Court, 6. Rainbow Court, and 7. Grand Canal Drive, and 27 does hereby direct the County Transportation Services Department to erect signs giving notice thereof. 28 BE IT FURTHER RESOLVED, that copy of this Resolution be forwarded to tile Collier County 20 Shcrifffs OFfice for proper enforcement of this established speed limit for I. Pan Am Avenue, 2. Park 30 Avenue, 3. Glendale Avenue, 4. Venetian Way, 5. Bclairc Court, 6. Rainbow Court, and 7. Grand Canal 31 Drive ofGulf Ilarbor Subdivision. 32 BE IT FURTHER RESOLVED, Ihat thc effective (late of the speed limit reduction shall be after 33 written notification of tile speed limit reduction is delivered to tile Collier County Sheriffs Office and upon 34 posting of appropriate speed limit signage. 35 This resolution adopted after motion, second and majority vote favoring same this __ (.lay of 36 1998. 37 38 39 40 41 By: 42 Deputy Clerk 43 44 45 46 47 48 49 50 51 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B A R B~t'~',~ ~3.'~B ERR Y," Ch ainNn an Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 7 9 I0 Il 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 .'1,4 35 36 37 38 39 41 42 43 ,1.4 .$5 4.6 47 49 50 51 RESOI.UTION NO. 98- A RL:SOLUi'ION TO AUTtlORIZE REDUCTIONS OF SPEED IAMITS TO TWENTY FIVF. MILES PER IIOUR (25 MPII) IN GULF tlARBOR SUBDIVISION. WIII'~REAS. Chapter 316. Florid;t Sl;ittltes, pcrlllilS lite Board of Courtly (~ommissiom:rs Io ahcr WIIEREAS, 1. fan Am Avenue, 2. Park Avctmc, 3. (]lcmlalc Avenue. 4. Vcnclian Way. 5. Bela;re Coup, 6. Rainbow Coun, and 7. Grand Canal Drive of Gulf Ilarbor gubdivision Ihll trader the jurisdiction of the Board of County Commissioners; and WllEREAS, in accordance with Chapter 316, Florida Statutes, Ibc Board of ('otmty Comnlissioners may set speed zones altering stlc]l ex,sling speeds when. ;tiler invcsligation, il tlctermiucs such a limit is reasonable; and WIIEREAS. I. Pall Alll Avenue, 2. Park Avenue. 3. (;Icudalc Avunuc. a. Venetian ~';l)'. ll~laire Courl, (~. Rainbow ('ottll, alld 7. (h:llld ('a~lal l)rivc ill'g :l ct~lfligHtms residential siegel which is conslrucled with hind widths in antic;plat;on of accommodating only Iow Iraflic xolumcs with vehicles traveling at Iow speeds; and XVIIEREAS, an engineering study hy Collier Counly Transportation Services l)cpartmcnt has determined that a speed limit of twenly live miles per hour {25 MPII} would be appropriate lbr I. Pall Avenue, 2. Park Avenue, 3. (;lemlale Avenue, 4. Venetian Way, 5. 15claire Courl, O. Rainbow ('ourl, and 7. Grand Canal Drive since said roadway widths are less than present ('otmly slandards. NOW, 'I'[IERIiFORE, [iii IT I(ESOLVED BY '['lie BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners docs hereby establish a twenty five miles per hour (25 MPll) speed limit on 1. Pan Am Avenue. 2. I'ark Avenue. 3. Glendale Avenue, 4. Venetian Way, 5. Bela;re Court, 6. Rainbow Courl, alld 7. Grand ('alia[ Drive. and does hereby direct the County Transportation Sen'ices Department Io erect signs giving notice thereof. BI! IT FURTI IER RESOLVED, lhal copy of this Rcsolulion bc fonvardcd to the Collier ('ountv SherifFs Office Ibr proper cnlbrccmcnt of this established speed limit Ibr I. Pall Alll .,~VClltlC. 2. ['.Irk Avenue, 3. Glendale Avenue. 4. Vcncliim Way. 5. IJclairc (7otll't. 6. Rainbow ('ourt. alld 7. {Jr;md Drive ofGulfl larhor Suhdivision. BE IT FURTIIER RI!SOl. VI!I), that Ibc cffcctivc date of thc speed limit reduction shall be after wrillen not;ileal;on of the speed limit reduction is delivered to thc Colt;er County Sherif[g Office and upon posting of approprialc speed limit signagc. This resolution adoptctl after motion, second and majority vole Ihvoring sallie this ...... day of , 1998. ATTEST: I)WIGIIT E. [W,O('K, Clerk By: Deputy Clerk IIOARD OF ('OUNTY COMMISSIONERS ('OLLIER COUNTY, FI.OR. IDA Approved as to form ami leg;,} su fticien?: (f' '_/ ? ; ' .. ~ <, tteidi F. Ashton Assistant County Attorney RESOt, UTmN No. 98- 1 615 7' A RESOLUTION TO AUTHORIZE REDUCTIONS OF SPEED LIMITS TO TWENTY FIVE MILES PF.R IIOUR (25 MPII) IN GULF IIARBOR SUBDIVISION. WHEREAS. Chapter 316. Florida Stalntcs. permits thc Board of CotHlly Commissioners Io alter or establish speed limits on roads under its jurisdiction; and WHEREAS, I. Pan Am Avenue, 2. Park Avenue. 3. Glendale Avenue. 4. Venetian Way, 5. Belairc CourL 6. Rainbow Court. and 7. Grand Canal Drive of Gulf }larbor Subdivision fall under the jurisdiction of the Board of County Commissioners; and WI-IEREAS, in accordance with Chapter 316, Florkla Statutes. the Board of County Commissioners may set speed ;,ones allcring such existing speeds when, after investigatiom it determines such a limit is reasonable: ami WHEREAS. 1. Pan Am Avenue, 2. Park Avenue, 3. Glendale Avenue. 4. Venetian Way, 5. Belaire Court, 6. Rainbow Court. amt 7. Grand Canal Drive are a contiguous residential street network, which is conslmcted with hind widths in anticipation of accommodating only low traffic volumes with vehicles traveling at low speeds; and WllEREAS, an engineering study by Collier County Transportation Services Department has determined that a speed limit of twenty five miles per hour (25 MPH) would be appropriate for 1. Pan Am Avenue, 2. Park Avenue, 3. Glendale Avenue. 4. Venetian Way, 5. gclaire Cotlrt. 6. Rainbow Court, and 7. Grand Canal Drive since said roadway widths arc less than present County standards. NOW, TtlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that thc Board of County Commissioners docs hereby establish a twenty five miles per hour {25 MP}t) speed limit on I. Pan Am Avenue, 2. Park Avenue. 3. Glendale Avenue. 4. Venetian Way, 5. Bclairc Court. 6. Rainbow Court, and 7. Grand Canal Drive, and does hereby direct the County Transportation Services Department to erect signs giving notice thereof. BE IT FURTHER RESOLVED, that copy of this Rcsolation be fonvardcd to thc Collier County Sheriff's Office for proper enforcement of this established speed limit for I. Pan Am Avenue. 2. Park Avenue, 3. Glendale Avenue. 4. Venetian Way, 5. Bclaire Court, 6. Rainbow Court, and 7. Grand Canal Drive of Gui f Harbor Subdivision. BE IT FURTHER RESOLVED, that tim effective date of the speed limit reduction shall be after written notification of the speed limit reduction is delivered to tile Collier County Sheriffs Office and upon posting of appropriate speed limit signage. This resolution adopted after motion, second and mt[jority ','otc Ihvoring same this 19t:h day of ~a¥ ,, 1998. ATTEST: DWIGHT E. BROCK. Clerk D~puty Clerk Attest as to Chalr~n's ~,~~] ~rm and legal ,sufficiency,: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B A i~. B~'~A~BE'R R V, Chnir~an 16D3. COMPREHENSIVE AGREEMENT BETWEEN WORKSITE EMPLOYER AND JOB TRAINING OPERATOR UNDER THE FLORIDA JTPA SUMMER YOUTH PROGRAM FOR WORK EXPERIENCE Work Experience means a short-term or part time training assignment with a publ{c or private not-for-profit employer for Y'I-PA eligible participants who needs assistance in becoming accustomed to basic work requirements. Work Experience is designed to promote the development of good work habits and basic work skills. Commi ss,i one, rs This Agreement is betweencc~ ~ ~ or eoun~:y Board of , nereaner referred to as the Worksite Employer, and the Worlfforce Council of Southwest Florida, lng. hereafter referred to as the Program Operator. It is understood by all parties that this Agreement relates to Employment, Training and Services to be provided in the Summer Youth Employment and Training Program which is authorized under the Job Training Partnership Act (JTPA) of 1983. The Worksite Employer Agrees: 1. To affirm that the employer is either a public or private not-for-profit organization, free of discrimination because of race, sex, age, creed, color, religion or political affiliation, and that the participant(s) in the program will not be employed on the construction, operation or maintenance cf any facility as is used or to be used for sectarian purposes. 2. To provide a job description for each position filled and one complete "statement of work" for each worksite that will be util[zing a work experience trainee. 3. To provide meaningful, productive and sufficient work for participants within the scope of the training program and to furnish equipment, tools, materials and supplies as required on the job. 4. To provide useful work experience which will be consistent with each participant's capabilities and interests and which will assist the trainee to obtain future unsubsidized employment. 5. To cooperate fully with the Monitoring Unit ofthe Program Operator and allow access to the premises of the worksite employers at all reasonable hours for the purposes of monitoring the worksite, counseling participants and coordinating other work activities. Comprehensive Agreement for Work Experience - Page 2 6. To maintain accurate time and attendance records on each participant reflecting the time actually worked and to submit a signed time sheet every twO weeks as scheduled by the Program Operator. 7. To develop a plan to allow sufficient opportunities to implement appropriate contingency actMties in the event of inclement weather. 8. To provide continuous and experienced supervision to the participants without compensation from the Program Operator. 9. To provide the hourly wage and Worker's Compensation coverage for any additional hours worked beyond those paid by the Job Training Operator. Child Labor Laws prohibit youth ages 14 and 15 from working more than eight (8) hours a day, forty (40) hours a week. 10. To insure that the Program Operator is free from liability for any damages, injuries, losses or claims caused by the trainee during training or resulting from this employment agreement. I1. To adhere to the rules and regulations governing the Job Training Partnership Act; the policies as set forth by the Program Operator; State of Florida Child Labor Laws and Federal Government Child Labor Laws, if applicable. The Program Operator Agrees: 1. To provide eligibility determination and required assessment for participants of the Work Experience Program. 2. To provide and distribute remuneration to the participants by check every other week as established in the Payroll Schedule. 3. To provide participants with Worker's Compensation coverage during the hours paid by the Workforce Council of Southwest Florida, Inc. General Provisions: 1. It is understood by all parties that all financial provisions are contingent upon the availability of' Title H-B funds under the Job Training Pannership Act. 2. This Agreement will be effective from the date of execution until the termination ofthe Summer Youth Program or until terminated by either party through advance notice to the other party. 16D3 Comprehensive Agreement for Work Experience - Page 3 Entered into this /?~/,~. [~,;,iG!tr E. BROCK, C/ER:X, Worksite£mpioyClttest as to C~~'I signature onl]. day of Alan Neuman R~:presenta~ige Signature Title Exexutive Director Title Address 3830 Evans Ave. Suite 3-A Address Fort Myers, FL 33901 Telephone Number (941) 939-4949 Telephone Number Approvod ~s to form & legal mffficioney A~Aatant County Standard Addendum FC-5700-11 Approved 12/92 Legal FDACS CONTRACTA/¢61::)7 1904 ADDENDUM TO COOPERATIVE AGREEMENT DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY AND COLLIER COUNTY WHEREAS, the parties entered into an agreement as required by Section 125.27. Florida Statues, dated,~'o35~/oh tqq 8 to provide fire protection to the total forest and wildland acreage of Collier Count)'. WHEREAS. the parties now desire and intend to amend said agreement. THEREFORE, this amendment witnesseth: Paragraphs numbered I and 2 of the aforesaid agreement are amended as follows: FROM I. The Department shall provide fire protection for 548.006 acres of forest and wild land within Collier County. 2. The County shall, under the terms of this agreement, pay to the Department annually as its share of the cost of providing such fire protection, 5;16.440.18. said receipts to be deposited in the General Revenue Fund of the State. TO The Department shall provide fire protection for 413,259 acres of forest and wild lands within .Collier County,. The County shall, under the terms of this agreement, pay to the Department annually its share of the cost of providing such fire protection $12.397.77. said receipts to be deposited in the General Revenue Fund of the State. 1607 In all its other tcrms and conditions thc agreement remains unchanged and is hcrebv rcaftim'md. STATE OF FLORIDA. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISI(Ilx] OF PDRESTRY DIRECTOR. DIVISION OF ADMINISTRATION r~^T~.: ~/~ ~ 10 ~ ? Approved as to form and legal sufficiency. k'R~OOney~. W~'de, Esq. Assis~nt County Attorney THE BOARD OF COUNTY COMMISSIONEI~S COLLIER CO UN~Y, . . Clerk ot lhe sl~aature 0 cs) I ! I ! I ! I I I i COUNTY OF COLLIER CLERK 0 F THE CIR C UI T C 0 UR T FISCAL YEAR 1998/1999 BUDGET Prepared by: Dwight E. Brock Clerk of the Circuit Court County of Collier, Florida t/~isc. Corre$:. I ! I I I I I I I I I i i I I I I Dwight E. Brock Clerk April30,1998 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COUr~THOUSE 3301 TAMIAMI TRAIL EAST ~,.o, ~ox ~ ~ 304,~ NAPLES, FLOEiDA 33941-3044 i GG CIRCUIT COUf~r COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS The Honorable Barbara B. Berry, Chairperson And Members of the Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 RE: Fiscal Year 1998/1999 Budget Madame Chairperson: Enclosed, please find the fiscal year 1998/1999 budget for the Clerk of the Circuit Court. This includes the Clerk's General Operating Fund (010), along with the Public Records Modernization Trust Fund (197) and the Laxv Library Fund (64 I). The Clerk of the Circuit Court of Collier County is a Fee Officer pursuant to Florida Statute, Chapter 218.35. Constitutional Fee Officers are required to submit their budgets on or before September 1 of each year. The Board of County Commissioners has requested that I submit my budget by May 1, 1998 in order for the Commission to perform a more comprehensive review of all government expenditures of the County. To that end I applaud your efforts and am glad to comply. The Clerk of the Circuit Court's General Operating budget includes a 6.71 percent increase compared to last year's adopted budget as outlined below: FY 97/98 FY 98/99 Adopted Requested Increase Percent Budget Budget (Decrease) Change Personnel Services $6,881,300 $7,225.900 $544,600 8.15% Operating Expenses $1,245,100 $1,184,000 $ (61,100) -4.91% CapitalExpenses $ 132,300 $ 189,400 $ 57,100 43.16% Total Budget $8,058,700 58,599,300 $540,600 6.71% The largest component of the budget is Personnel Services w/th an increase of $544,600. This includes $210,500 of expanded services for this fiscal cycle. Prior to adding the expanded services, the budget request only included a 4.1 percent increase. The expanded services are necessitated by the fact that the Clerk's staffing level has not kept pace with the explosive growth experienced by Collier County. This growth, coupled ! I ! i i I I I i I I i I I I ! The Honorable Barbara B. Berry, Chairperson Page 2 with the ever increasing case loads being experienced by the Courts, dictates that our labor force be increased to continue to provide the services mandated by Florida Statutes in an efficient and effective manner. As outlined below, the growth rate experienced by Collier County during the period 1986 through 1997 was approximately 80.5 percent. For the same per/od, the labor force of the Clerk's Office and the Board of County Commissioners was 45.8 percent and 113.1 percent, respectively. COLLIER COUNTY EMPLOYEE GROWTH SINCE 1~i~ COMPARED TO THE COLLIER COUNTY POPULATION GROWTH 1200% 1000% ~0 0% 40.0% 20.0% 0.0% 1987 1988 1989 1990 1991 1992 1993 I994 1995 1998 1997 A direct correlation to this explosive bn'ow'th continues to be the increase in Court activity. As clearly outlined below, the increase in the number of cases for 1997 is at a pace that dictates additional resources. Additional documentation to evidence this increase is provided in Appendix B. CLERK OF THE CIRCUIT COURT CASE LOAD 58000 54000 50000 ~ 1994 1995 199~ 1997 I I ! I I I ! I i ! I i ! ! I ! I i %he Honorable Barbara B. Berry, Chairperson Page 3 In an ef~bm to more effectively predict our budgetary needs we prepared a budget modal during the ~ast fisca! cycle. This model has been updated for this cycle and is presented in Appendix A for informational purposes only. It is important to note that during my tenure as Clerk of the Circuit Court, I have expanded the public services provided by the Clerk's Office. During this same time period, I have kept the costs of those services below the increase in property values. My administration has attempted to maintain an efficient and effective operation while utilizing a limited resource base. I would like to express my appreciation to my department heads and their staffs for their continued commitment to providing quality service and for their efforts in developing this budget. If you should have any questions or need additional information regarding this budget, do not hesitate contacting me at 732-2745. Respectfully, Dwight E. Brock Clerk of the Circuit Court DEB/jim (enclosure) I I ! I ! I I i I I I I I ! I ! i I _i COUNTY OF COLLIER CLERK OF TIlE CIRCUIT COURT FISCAL YEAR 1998/1999 BUDGET TABLE OF CONTENTS lrund 010 Clerk of/he Circuit Court Operating Fund Revenue Detail Expenditure Sttmmat~y E.v~enditure Detail Finance and Accounting Mhmtcs and Records Administration Internal Audit Circuit Civil Circuit Felony SAVE Circuit Probate Juvenile Cotn~ly Satellites County Misdemeanor County Civil County Traffic Recording Records Management MIS Operations Fund 197 - Public Records Modernization Trust Fund Fund 641 - Law Lihrat3, Appendix A - Budget Modcl Al~l~endix B -- IVork Load/Inal. vsis I - 25 2-4 5-6 7- 25 7-8 9 I0-11 12 13- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 32 33 - 39 16G c~ I I I I ! I i ! I I I I I I I I Ii I I i I I I ! ! i I i I I ! I I, I I ~DD88D D§§DDD~DD888888888~8888888 §§§ §88 ~w~ 00000000000000000000000000000000000000000 "l I I I llll Ill ............................ ' ....... - ............................ n~ - , I I I I i ! i I I ! I I I ! I I I I I -- I I I I I I ! ! I I i I I i i i I i I LU 1~6G ;~ I ~. ! I ~ . , ,~,~,~, ~ =~ / / O~ ~00-- ~ ~. g~. ~ ,0 ~,~ / ~ ~o o ~ ~ ~ ~ 5~ I I I I I i I I I I I I I i I ! ! I IIIIll llll I Ill II IIIIII I I I Ir ....................... I I I I I I ! ! I i I i I i I I I I ! [ [[ mln[i [ ! ! I ! ! I i i I i i [ I I I ] I ~o$~oooco~oo I I I i I i I i ! I I i I I i ! I I 1 II 1 6G I ! I ! I I I i I I i I I I I I i I I I I ! I I I I I I I ! i I I I ! i i ! I I ! I I ! ! i I I I I I i ! I I I I I I I ! ! I I ! i I I I i III ........................................................................ I I I ! i I I I I I I I ! I I I I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 19, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Other Dwight E. Brock, Clerk of the Circuit Court, Fiscal Year 1998/99 Budget. Don Hunter, Sheriff, Certification of Proposed Budget for Fiscal Year 1998-99. NO o MAY I I I I I ! ! ! I ! ! I U ! I I I I ! I I I I I ! I I I I I I I I I I 0 0 ~ 0 (",1 (D o ~ 88 ~88888~ °°88§8 ooooog8 0~00~ 0000 o 0 oOoOoO CD, 0 1 6 G"' ",", I I I I I I i I I I I I I I Ii I I I I I I ! I I i I i ! I I i I I o~ 000000000 000000000 ~0~~~ 0000000000 0000000000 000000000 000000000 ~00~~ 0 ~ ~ 00000000 0 00000000 ' ~0 O00 ~0 ~ 000 000 CO 0 000 000 ~0 ~-- 0 0 0 0 0 0 C 0 0 ,,,,,, .... II III I II III IIIIIIII II I I~ ..... I'"'"" ................... I I I I I I I ! I I I i ! I i I I I ! 000 O0 000 000 O0 000 g-o© O0 O0 000 O0 O0 000 ~ ~ ~0 00 00 O0 O0 O0 000 O0 O0 O0 O0 O0 000 O0 O0 O0 000 O0 o~o ~ ~ I I I I I I I ! I i I ! I I I I I I O0 O0 000 O0 O0 O0 000 O0 00~ O0 000 O0 O0 O0 000 O0 ~0 ~ ~ ~ 000 O0 O0 O0 000 O0 O0 O0 0~ ~, ~ ~, II II 00 00 ~., 12 '-- ~o'~ I I I I I I I I I I ! I I i I I I ! oo ~ ooo oo O0 000 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 000 ~' ~ ~ ~ ~ ~ O~J I I I ! i I I I I I ! I I ! i i I I I 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '- ..... "' --~ I I ...... I - IIIIIIII IIII ........... II IIII .................. i ! I i ! I I I ! 'E ~ ~.,~. o. ~ 0 ~ u~ ~ ~ ~ o ~ ~ ,o I 0 0 T--l' I I S.I.N]IN n ::)OG :10 OIO0 0 I O 0 oo ~ o o o o o o S3SN3~Iq ~0 a~N 0 I 0 O ,,.~- >- _j 0 LI. o SNOIl~f~l'lcld~ .*10 I I I I I I I I I I [ i I I i I I I 88888 dO :1o uaal~nN Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 Honorable Members of the Board of Collier County Commissioners 3301 Tamiami Trail Fast Naples, FL 34112 RE: Certification of Proposed Budget for Fiscal Year 1998-1999 Dear Commissioners: Pursuant to the requirements of Florida Statute Chapter 30.49 (2)(a), I do hereby submit and certify the following proposed budget for the operation of the Collier County Sheriff's Office for the fiscal year beginning October 1, 1998 and ending September 30, 1999. Type of Law ~ Cot~rts .E. nforcement C:orrections Salary of the SheriFf $ $ 105,000 $ 0 Salaries of Deputies & Assistants 1,192,400 35,939,800 10,699,900 Expenses Other Than 59,500 5,060, I00 4,084,700 Salaries Equipmerlt 0 2,340,700 98,400 Investigations 0 61 500 0 Total Before Reserves $1,251,900 $43,507,100 $14,883.000 Reserves - 5 % 0 2,982,100 0 TOTALS $ 1,251,900 S46.489,200 $14.883,000 Total Bridget $ 105.000 47.832. I00 9,204,300 2.439,100 $59,642,000 2.982, 100 S62.624. I()0 ~-~R.csLP.qctl'ully, Stlt'arFLittcd, eft)re m~/,'on-t~is 1st day of' May, 1998, appe;~red Don Ht~nter, Sherit'l' of' Collier Covertly, Florida, who st~tes tt~;it to the best of his knowledge and belief the above established amounts ;~re necessary liar the proper ~nd efficient operation of the Collier County Sherifffs Oftice for the 1998-1999 Fiscal Year. Notary Pt~lic at Large State of Florida j;dO.'IMi$SION NO. CC612944 Misc. Corre. s: ! I/e,m/~ f~ , (,.,'"~ ' (2.C~ pi r.~ T~,' 161 1 LEGAL SERVICES AGREEMENT BETWEEN BOARD OF COUNTY COM/{ISSIONERS AND ROETZEL & ANDRESB THIS LEGAL SERVICES AGREEMENT is entered into between the Board of County Commissioners (hereinafter referred to as the "Board', and/or "County,,) and Roetzel & Andress (hereinafter referred to as the "Firm',) on May 19, 1998. W ITN ES SETH: WHEREAS, Richard D. Yovanovich, Esq., an associate of the Firm, during his employment with said Firm and pursuant to a contract of the Firm with the County, is responsible for the representation of the Collier County Code Enforcement Board at its regular meetings; and WHEREAS, the Collier County Code Enforcement Board members have been individually named as defendants in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al., Case No. 98-120-CIV-FTM-25D; and WHEREAS, the County Attorney and the Risk Management Director have determined that the interests of the County and the Code Enforcement Board will be better served if the Firm, by and through Richard D. Yovanovich, Esq., is approved as a legal advisor and representative for the Code Enforcement Board members in connection with any legal issues or litigation that has arisen or may arise in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al.; NO V, THEREFORE, the County and the Firm, in consideration of the premises and covenants contained herein, mutually agree as follows: A. At members, the correspondence the direction of the Code Enforcement Board Firm shall prepare all legal documents, and attend all negotiations, settlement conferences, mediations, court hearings and any trial necessarily arising out of or relating in any way to the defense of the Code Enforcement Board members regarding the lawsuit entitled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al. B. The Firm by and through Richard D. Yovanovich is hereby retained by the Board to represent the Code Enforcement Board members in all matters relating to any meetings, negotiations. mediations, settlements or court proceedings arising out of or relating in any way to the aforementioned lawsuit. 2 C. A statement or invoice for legal services and direct costs incurred by counsel shall be billed to the Collier County Risk Management Department on a monthly basis by the Firm. All invoices shall contain, as a minimum, the following information: (1) The proper name of the payee as it appears in the Agreement; (2) The date of the invoice; and (3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such payments are subject to and shall be processed in accordance with § 218.70, Fla. Stat., otherwise known as "The Florida Prompt Payment Act." D. The Firm shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreemen~ and shall not subcontract its responsibilities to the Board and the Code Enforcement Board members under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fifteen (15) days of the date of final execution of this Agreement. Current, valid insurance policy(ies) meeting the requirement(s) herein identified shall be maintained by the Firm 3 during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. E. The Firm shall protect, defend, indemnify and hold the Board and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees, and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of the Firm, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including, but not limited to, any claim or claims brought against Collier County, its officers, employees or agents by any employee of the Firm, any subconsultants, subcontractors, or anyone directly or indirectly employed by any of them. The Firm's obligation under this provision shall not be limited in any way by the agreed upon total contract fee specified in this Agreement or the counsel,s limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to the Firm for 4 I I I ~ I II III-- ' ...... II ........... I L~ 161 1 ' performance of services authorized by this Agreement is specific consideration for counsel,s indemnification of the County. F. This Agreement shall be administered on behalf of Collier County by the Risk Management Department in coordination with the Office of the County Attorney. G. The Firm agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Firm. The Firm shall also be solely responsible for payment of any and all taxes levied on the Firm. In addition, the Firm shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. H. Either party may terminate this Agreement for convenience with a minimum of forty-five (45) days written notice to the other party. Thereafter, the parties shall deal with each other in good faith during the forty-five (45) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to the Firm. I. The Board hereby agrees to pay the Firm at the rate of $125.00 per hour as compensation for legal services rendered pursuant to this Agreement. J. Nothing in this Agreement shall be construed to act to prevent the Firm from representing clients before the Board of County Commissioners of Collier County and/or County staff. Additionally, the Firm will not be prohibited from instituting a legal and/or administrative proceeding against Collier County, or its various boards, as long as the situation does not involve or pertain to an action taken by the Board which the Firm is retained to represent. WITNESS WHEREOF, the Board and the Firm 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, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BARYBARA B. BERRY, Chairmah~---~ /z/J~'P"£rey "~ralker, Director, Risk Management 6 19417740225 COUNTY ATTORNEY 712 P08 MAY 18 '98 15:59 Signature Prin~d/TFp~! Name ROETZEL & ANDRESS A Legal Professional Association Robert G. Menzle& F_~q, Mana~ng Partner - Florida 7 .. 161-1 LEGAL SERVICES AGREEMENT BETWEEN BOARD OF COUlgTY COMI~ISSIONERS AND ROETZEL & ANDRESS THIS LEGAL SERVICES AGREEMENT is entered into between the Board of County Commissioners (hereinafter referred to as the "Board" and/or "County") and Roetzel & Andress (hereinafter referred to as the "Firm") on May 19, 1998. W I T N E S S E T H: WHEREAS, Richard D. Yovanovich, Esq., an associate of the Firm, during his employment with said Firm and pursuant to a contract of the Firm with the County, is responsible for the representation of the Collier County Code Enforcement Board at its regular meetings; and WHEREAS, the Collier County Code Enforcement Board members have been individually named as defendants in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al., Case No. 98-120-CIV-FTM-25D; and WHEREAS, the County Attorney and the Risk Management Director have determined that the interests of the County and the Code Enforcement Board will be better served if the Firm, by and 161-1 through Richard D. Yovanovich, Esq., is approved as a legal advisor and representative for the Code Enforcement Board members in connection with any legal issues or litigation that has arisen or may arise in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al.; NO\V, THEREFORE, the County and the Firm, in consideration of the premises and covenants contained herein, mutually agree as follows: A. At the direction of the members, the Firm shall prepare correspondence and attend all Code Enforcement Board all legal documents, negotiations, settlement conferences, mediations, court hearings and any trial necessarily arising out of or relating in any way to the defense of the Code Enforcement Board members regarding the lawsuit entitled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al. B. The Firm by and through Richard D. Yovanovich is hereby retained by the Board to represent the Code Enforcement Board members in all matters relating to any meetings, negotiations, mediations, settlements or court proceedings arising out of or relating in any way to the aforementioned lawsuit. C. A statement or invoice for legal services and direct costs incurred by counsel shall be billed to the Collier County Risk Management Department on a monthly basis by the Firm. Ail invoices shall contain, as a minimum, the following information: (1) The proper name of the payee as it appears in the Agreement; (2) The date of the invoice; and (3) The description of services and the time period in which billable services were rendered. Ail payments and the resolution of any disputes regarding such payments are subject to and shall be processed in accordance with § 218.70, Fla. Stat., otherwise known as "The Florida Prompt Payment Act." D. The Firm shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board and the Code Enforcement Board members under this Agreement. Counsel shall carry Lawyer,s Professional Liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fifteen (15) days of the date of final execution of this Agreement. Current, valid insurance policy(les) meeting the requirement(s) herein identified shall be maintained by the FJ. rm 3 ' 161-.1. during the duration of this Agreement. shall be sent to the County thirty (30) expiration date(s) on any such policy(ies). day notification to the Board in the event of or modification of any stipulated insurance thirty (30) cancellation coverage. E. Renewal certificates days prior to the There shall be a The Firm shall protect, defend, indemnify and hold the Board and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees, and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of the Firm, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including, but not limited to, any claim or claims brought against Collier County, its officers, employees or agents by any employee of the Firm, any subconsultants, subcontractors, or anyone directly or indirectly employed by any of them. The Firm's obligation under this provision shall not be limited in any way by the agreed upon total contract fee specified in this Agreement or the counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to the Firm for 4 161-1 rules, Florida, adopted. H. performance of services authorized by this Agreement is specific consideration for counsel's indemnification of the County. F. This Agreement shall be administered on behalf of Collier County by the Risk Management Department in coordination with the Office of the County Attorney. G. The Firm agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Firm. The Firm shall also be solely responsible for payment of any and all taxes levied on the Firm. In addition, the Firm shall comply with all regulations and laws of Collier County, the State of or the U. S. Government now in force or hereafter Either party may terminate this Agreement for convenience with a minimum of forty-five (45) days written notice to the other party. Thereafter, the parties shall deal with each other in good faith during the forty-five (45) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to the Firm. 16[-1 I. The Board hereby agrees to pay the Firm at the rate of $125.00 per hour as compensation for legal services rendered pursuant to this Agreement. J. Nothing in this Agreement shall be construed to act to prevent the Firm from representing clients before the Board of County Commissioners of Collier County and/or County staff. Additionally, the Firm will not be prohibited from instituting a legal and/or administrative proceeding against Collier County, or its various boards, as long as the situation does not involve or pertain to an action taken by the Board which the Firm is retained to represent. IN WITNESS WHER£OF, the Board and the Firm 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, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal su~cicncy: Lav, Tcncc S. Pivacck Assistant County Altomcy By: Approved By: BARBARA B. BERRY, Chairman Jeffrey Walker, Director, Risk Management (~) Signalure Primcd:'r~cd Namc (2) $ignalurc Printcd,q'ypcd Name By: ROETZEL & ANDRESS A Legal Professional Association Signature Robert G. Menzies. Esq. Printed/Typed Name Managing Partner - Florida Prinlcd?l'ypcd Titlc