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Backup Documents 05/05/1998 RBCC REGULAR ~EETIN~ OF .~b\Y 5, 1998 Naples Daily News Naples, FI. 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSiONERS ATTN.' NANCY SALOGUB FO BOX 413016 NAPLES FL )4~01-~016 ~ , PUBLIC M~ETING _. BOARD OF COUNTY COMMISSIONERS, COLLIER COU[~T Y, REFERENCE: 001230 800440 57686246 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the ur)dersigned authority, personally appeared B. Lamb, who on oath says that she serves es the Assistant Corporate Secretary of the NaplesI Deity News, a daily newspaper published at Neples, I in Collier County, Florida: that the attached J copy of advertising was published in said i newspaper on dates listed. J Affit)nt further says that the said Naples Daily News s a newspaper published at Naples, in said J Collier County, Florida, and that the said newspaper has hereto(ore been continuously publish~J in said Collier County, Florida, each day and has been entered as second class mail matter at the ~x)st 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 pro~ised any person, firm or coporation any discount, rebate, commission or refund for the pur~se of securing this advertisement for publication in the said newspaper. PUBLISHED O/i: 05/03 FLORIDA Tuescioy, May 5,1998 9A.M. )lotJce is hereby %at the Collier COl JrtN rd Of Cou~ Commls- sl~ers will meet In the ~rd's C~omber$ on Third FI~ of ~e ~drnin- istr~ion Bul)dmng (BulldttJg F) ~ ~e Collier CounF~ Government Comple,x, Naples, FI~I~, lo con- ~JCt the buslnes~ of Col. liar Coutl~, ~ the a~ve st~ed time and d~e. C~les of the ager~ for sold mee~ng made available to K~SS and may ~Jined ~ the office Counfy Administrate[, som~ Joc~Joll, S 1~ poi'i- ~ of time. ~ny per~n who decid- this ~d will n~ed c~d of the Pr~d!nu~ pertaining thereto, and lheref~'e moV need ,o er,- sure that a verbum ra- ced o( ~e proceedings m~e, which rec~d n- eludes ~e testimony and evldenc~ u~n wh ch BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, C~IAIRMAN DWIGHT E. BROCK, CLERK By:/s/M~ureer. -.enyon Dep~ Clerk ,~ay 3 No. 1202596 AD SPACE: 53.OOO INCH FILED ON: 05/04/98 Signature of Affiant ' -,~ Sworn to and Subscribed before me this .,.~___ day of PersonaLLy known by me & ..... '_ .~ ,/~' ' May 5, 1998 COUN~"f BOARD OF COUNTY COMMISSIONF~S AGENDA Tuesday, May 5, 1998 9:00 A.M. NOTICE: ALL PERSONS WISHING ~) SPF~K ON ANY AGPiNDA ITEM MUST REGISTER PRIOR 'I~D SPEAKING. SPF~M~RS MUST REGIS~qZR WITH 'I~IE COUNTY AE~4INISRRIA2~DR PRIOR ~Y3 ~qLE PRESENTATION OF THE AG.t~qDA ITEM BE ADDRESSED. REQUESTS FY) ADDRESS THE BOARD ON SUBJECTS WHICH ARE N(YF ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH F-XPLANATION RY) ~E COUbYf"f ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TI{E DATE OF THE MEETING AND WILL BE } ~[EARD UND,ER "PUBLIC PS~FiTIONS'. 7LN¥ PERSON WHO DECIDES TO APPF~AL A DECISION OF THIS BOD~LD WILL NEED A RECORD OF ~RLE PROCEEDINGS PERTAINING THETIE'PO, AND THFJlEFOR~, MAY NEED TO E~SqIRE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES T~IE TESTIMONY AND E%;IDENCE UPON WHICH T}~IE APPF2~L IS TO BE BASED. ALL REGISTERED PUBLIC SPF2%KERS WILL BE LLMITED 'PO F1-VE (5) MINUTES Ulk~LESS PERMISSION FOR ADDITIONAL TIME. IS GRANTFJ) BY ~q{E CHAIRMAN. ASSISTED LISTF2~ING DEVICES FOR T}FE HEARING 1-M~AIRED ARE AVAII~ABLE IN THE COUN~"f COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12: 00 NOON ~D 1: 00 P.M. INVOCATION Rev. Elwood Kern, Naples Church of God PLEIX-~E OF 7LBLEGIANCE APPROVAl, OF AGENDA AND CONSENT AG'I~;DA Approved and/or adopted with changes -- 5/0 APPROVAL OF MINUTES Apr~ t 14, 1998 - Regular meeting. Approved as presented - 5/0 PROCI~A[dATIONS AND SERVICE AWARDS A . ["ROC f~dWAT IONS Proclamation proclaiming the week c~ May 3-9, 1998 as Collier County Tour/sm Week. To be accepted by John Ayres, President of VJ_sJ~ Naples. Adopted -- 5/0 Page May 5, ].998 2) Proclamation proclaiming Saturday, May 9, 1998 as NatJ. onal Association of Letter Carriers' National Food Drive Day. To be accepted by Linda Kelley, Food Drive Coordinator. Adopted - 5/0 SEq{VICE AWARDS Presented !) Da'vid Becket 2) John Katzenberger 3) Eric Cline 4) Sandra Garrett 5) Armando Lago EMS EMS Water Department Department of Revenue Road & Bridge 10 years. 10 years. i0 years. 5 years. 5 years. C. PRE. SF/~TATI ONS 1) Presentation com~]emorating the 75th anniversary of the creation of Collier County, presented by Museum Director Ron Jamro. Presented APPROVAL OF CI,I~LRK'S r~PORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC P~EITIONS COUNTY ADMINISTRA~)R'S REPORT A. COMMUNITY DEVEI/)PME/q~ & ENVIRONMENTAL SERVICES i) Report to the Board of County Co~nissioners regarding current and proposed procedures applicable to requests for waiver of established development review and building permit fees. Staff reco~m~endation approved - 5/0 2) Jez'ry F. Kimbrell, representing the !rp~7~.okalee Miuisterial Association, requestinc a waiver of the fee for a r_~gn~-of--way permit, for an even~ in immokalee, FL. Approved - 5/0 This item is Deleted 3 Albert and Germaine Von Steinner, requesting a waiver of the fee for an a~inistrative variance for a dock at 339 Landmark Street, Marco Island, Florida. 4 Victor A. Valdes, representing Benita Garibay, requesting a waiver of the fee for a rezone petition, for property in Immokalee, Ficrida. Denied - 5/0 Page 2 May 5, 1998 5) Added Added 7) B. C. D Extension of Inter!ocal Agreement between Collier County and the City of Marco island for the County Planning Services Department staff to provide planning services to the Marco island Planning Board and Marco Island City Council Approved - 5/0 Approve funding A.S.A. Properties In-Line Skating Competition $43,000 in :ourist Development Funds. (,.,t. aff Request) Approved with changes - 5/0 Resolution authorizing the Chairman of the BCC to sign a technical letter of notification to ali. units of local government advising them of Collier County's intent to apply to the Federal Department of HUD for the purpose of being qualified as an Urban County and being able to receive entitlement grants Resolution 98-119 - Adopted 5/0 PUBI,IC WORKS PIIBLIC SERVICES SUPPORT SERVICES 1 7i~].s item has been deleted. 2 Approval to amend Solid Waste Mandatory Collection Ordinance 90.-]0, as amended, and incorporate said amendments into existing Vranchisee Service Agreements with Waste Management, Inc. and Immokalee Disposal. Staff directed to advertise amendments to Ordinance - 5/0 E. COUNTY ADMIN I S~T(AR~DR F. AIRPORT AUTHOR Ig."f COUNR'Y A'i'DORND2f'S REPORT BOARD OP' COUNq"f COMMISSIONERS A o Discussion regarding Marco Island Coast Guard Station (Commissioner Norris) Outst:anding issue has been resolved. Discussion and consideration of resolution and draft ordinance on ethics adopted by the Collier County Republican Executive Com~nzttee on April 6, 1998. Administrative Assistant to the BCC directed to advertise for an Ethics Ordinance Review Committee consisting of 5 members, one from each district - 5/0 Page 3 May 5, 1998 Recommendation to extend the Lake Trafford Restoration Ad Hoc Task Force through Hay 7, [999, and re--.appoint/appr~iut, members. Nose[ut.ion 98-118 - Adopted 5/0 Added D Appointme:~t of Co,~m~.issiorler to the Noise Compatibility Committee (Commissioner Berry) Commissioner Berry appointed - 5/0 11. O'I"rLER ITEMS A. CYlq{ER CONSTITUTIONAL OFFICERS ~.. PUBI,IC COMMFi~i' ON G'I~qERAI, TOPICS PUBi, IC t[EARINGS WILl, BE HEARD IMMEDIATELY FOI,LOWING STAFF ITEMS i. 2. ADVERTISED PLU~LIC }K"J%RINGS - BCC A. COMPR ['~{F~NS IVE P[~XN ~. ZONING A~~PS C. (Ylq ~R 13. BO~ OF Z. ONING APPEALS A. AD~iRTIS~ P~I,IC }~RINGS B. O~tER 14 . ST~F' S CO~I~TIONS A. Status regarding reorganization proposal and request of Productivity Conunittee to discuss same at ~.heir May 20 meeting. To ~ presented to the Pr~uctivity Co~ittee 4/1 (Co~issioner Constantine oppos~ ) {County Ac'hninJ. s t rator) Update regarding request and discussion concerning third party beneficiary aspects of the i996 PGA Intellinet contract. (County Attorney) 15. }~D OF CO{J~I~ CO~4ISSIO~RS' CO~IC~,TIONS A. Discussion ~egarding PGA contract_ and Clerk's Audit (Co~m~iss loner Norris) D.[scussion regarding uhe surplus property for landfill use. (Commissioner Constantine) Page 4 ~3y 5, 1998 16. CONSENT. AGJ./NDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed [rom the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOUMEN'P & ENVIRON~/NTAL SERVICES I} Deferral of one hundred percent of the impact fees for 1.0]. units of a 1.68 unit affordable housing project kno'~.nn as Arbor View Apartments Affordable Rental Units, to be built by a Florida Limited Partnership, and subordination of lien. Res. 98- ].17 q%]is item is deleted ~dcat ~._qu_s~ ~o approve for recording the final plat', of "W.{~/ Cove Two" and approve the vacation of a portion of Sterling Oaks Drive, and portions of the plats of Sterling Oaks and Wildcat Cove, petitions AV-97-024 and AV-97-026. Request to approve the final plat of "Vanderbilt Pines" Constriction and Maintenance Agreement Request to approve for recording the f-inal plat of "Hunti. ng~,on Lakes Unit Four" 5 Assignment Agree;hen5 for easement for Pelican Marsh, Unit 13 6 Assignment Agree,lent for easement for Pelican Marsh, Unit 15 B PUBLIC WORKS Approve Change Order No. ! with Mid-Con5inenE Electric, Inc. for additional construction services for Sugden Park, Bid 97-2731. In the amount of $76,072 Approve Change Order No. 1 to Work Order #CDM-FT-98-3 for Odor Monitoring and Modeling Study of the Naples Landfill and the South County Regional. Water Treatment Plant. With Camp, Dresser & McKee, Inc. in the amount of $26,82C Accept Conveyance of a Utility Easement and Temporary Construction Easement for u~iiity and maintenance of sewer and water lines to Sugden Regional ['ark. Approval of a Utility Facilities Reimbursement Agreemenu with NTC Development LTD. Page 5 May 5, ]998 5) Accept proposal by Kyle Construction, Inc. to construct the Collier County Water-Sewer District and City of Naples Water System Interconnect, Project No. 70040. In the amount of $53,434.91 C. PUBLIC SERVICES D. SUPPORT SS~VICES 1) Appro,~al of a Third Amendment to Lease Agreement with the Collier County Agricultural Fair and Exposition, Inc. Collier County Fair Board). E. COUb~I~Z ADMINI S'IqRATOR Budget ~nendment Report BA 98-208 F BOARD OF COUNTY COMMISSIONERS G. MI SCEi,IukNE._,OIIS CORRES PON]Dh~qCE i) Sasisfaction of Lien: NEED MOTION authorizing the ChaJ. rman to sign Satisfaction o~ Lien for Services of the Public Defender [or Case Nos.: 9t-4437-TMC, 91-t694-M]ViA, 88-69!-CFA, 91-1291- Iq', 90-1582-TM, 90-6640-TM/90-6641-TM, 88-3014-TM, 90-4932-~M, 90-5421-TMC, 92-6939-~5~., 95-524-CFA. OTHER CONSTITUTIONA~ OFFICERS i. C ObTfl~f A~'PO RN]ZYf 1) Recommendation that the Board of County Commissioners as ex- officio the governing body of the Co!lLer County Water-Sewer District approve the Stipulated Final Judgment relative to the easement acquisition on Parcel Nos. 904A, 704B, 904B, 704C and 904C, Richard L. Jaeger, Trustee in the lawsuit entitled Collier Count~ v. William A. Kinsley, et al., Case No. 96-1215- CA-01-D~.4 ...... (~orth County Re~gional Water Treatment Plant 8-MGD Welifield Expansion Project, 70859/70828). J. AIRPORT A[rI~[OR I TY !'7. A~JOURN Page 6 A GEND,4 CHANGES BOA RD OF CO UNTY COMMISSIONERS' MEE ITNG MA Y 5, 1998 ADD: ITEM 8(A)6 Approve funding A.S.A. Properties In-Line Skating Competition $41),000 in Tourist Deveiopinent Funds. (Staff Request) ADD: ITEM 10(D) Appointment of Com,nissioner to the Noise Compatibility Committee (Co~nmissioner BcrD') (Staff Request) DELETE: ITEM 8(A)3 Albert and Germaine Von Stcinner, requesting a waiver of the fee for an administrative variance for a dock at 339 Landmark Street, Marco Island, Florida. (Staff Request) DELETE: ITEM 16(A)2 Request to approve for recording the final plat of "Wildcat Cove Two" and approve the vacation ora portion of Sterling Oalc.¢ I)rive, and portions of the plats of Sterling Oaks and Wildcat Cove, petitions AV-97-024 and AV-97- 026. (Staff Request) IVflEREAS, t FHER EA S, PROCLAMATION the travel and tourism industry sttpports the vital interests of Collier County, contributing to our employment, economic prosperity, peace, understanding. and goodwill; and travel and taurism ran~ as one af Collier Couno, 's largest industries in terms of revenues generated: and WttEREAS, appraximately 3.000, 000 travelers visiting Collier County contributed 27.53% of the annual triable sales to the economy in 1997; and WttEREAS, those travelers provMedjobs for approximately 22, 000 citizens in Collier CounO': and WIIEREAS, travel and tourismp ~des empl°Y~l'fio~ mare, t~eople than aW other WIIEREAS, and cultural well- the of travel ahd touri};}.'.' ~ . ::~;~: · NOW TIIER~ it proctal~ied by' the'B~rd Of Coi~3ty Com~ . ri~[~ qf Collier C~;~:i~toriild~t~ ~he week'of ,UO* 3-9 I998 be ~;~t;d as :~:~:::;~'~?~;~;)~,. COLI~IER COUNTY TOURIS~.*~EK:~~' B. BERI[Y, CI DWI~T E. BROCK, CZERK 1 2 PROCLAbIA TION WItEREA& WHEREA& WttERF_MS, WItEREAS, It,7tERI~;4S. DONE AND The National Association of Letter Carriers has identified a need in their communities and are acting to help through a national food drive; and postal employees in Naples and Marco are participating in this food drive for the sixth consccutive year; and the fi~od given in this fi>od drive will be donated to Collier Ham'est to meet the nee& of the county by supplying the many local food pantries which serve the htmgry and homeless: and hlst )'ear our area ranked with the top 200 branches nationwide in collecting over 80, 000 pounds off~ fi~m ~siol C~tonwrs in Naples and Marco; and Collier, thank btl w~ ~nate food and the postal of Collier ,4 TTES T: ARA B. CLERK June 15, 1998 Collier County Government Complex Minutes and Records Department 3301 Tamiami Trail East Naples, FL 34112 RE: lnterlocal Agreement Dear Sirs: Enclosed is a copy of the executed Interlocal Agreement that you have requested. Please do not hesitate to phone, should you have any questions. Sincerely, Laura Litzan Deputy City Clerk 951) North t:ollicr llm~lcvard. St,itc 31),'I. Xhirc~ Island, FI. 34145 (941 ) 389-$()(~1} FAX (941) 389-4359 8A-5 May 5, 1998 Mr. A. William Moss City Manager City of Marco Island 1280 San Marco Road Marco Island, FL 34145 Dear Mr. Moss: Enclosed please find the Interlocal Agreement between The City of Marco Island and the Board of County Commissioners of Collier County, approved on May 5, 1998. Kindly have this document executed and return same to: Collier County Government Complex Minutes and Records Department 3301 East Tamiami Trail Naples, FL 34112 Thanking you in advance, Ellie Hoffman, Deputy Clerk Enclosure INTERLOCAI, AGREEMENT 8A 5 THIS INTERLOCAL AGREEMENT is entered into this 5th day of May, 1998. by and between THE CITY OF MARCO ISLAND, FLORIDA, hereinafter called the "City", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter called the "County". The City and the County are referred to collectively herein as the "parties". WlTNESSETIt: WHEREAS, the City was recently incorporated pursuant to charter established by special act of the Florida Legislature on August 28, 1997; and WHEREAS, the City is located ~vithin Collier County, Florida; and WHEREAS, the County desires to assist the City and serve all of the citizens of Collier County by assisting the City in the transition to self government through shared services of administration; and WHE}~;AS, Section 163.01(2), Florida Statutes, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities, and WHEREAS, Section 112.24, Florida Statutes, authorizes intergovernmental transfer and interchange of public employees; and WHEREAS, pursuant to the City Charter. land use petitions shall now be considered by the Marco Island Planning Board and/or the City Council of the City of Marco Island; and WIIEREAS, the City Charter provides that the Collier County Land Development Code in effect on August 28, 1997, shall be the land development regulations within the City boundaries; and WHEREAS, the City has requested that the County provide assistance to the City by furnishing, County staff members for purposes of reviewing, analyzing, advertising for Marco Island Planning Board meetings and presenting land use petitions to the Marco Island Planning Board and/or the City Council for the City of Marco Island. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: The County will provide the services of County Planning Services staff ("County Staff") to the City to review, analyze, advertise and present land use petitions submitted to the County which pertain to the City of Marco Island, to the Marco Island Planning Board and/or the City Council of the City of Marco Island, as appropriate. The County shall perform all staff functions customarily performed by County Staff in the review, analysis, presentation and public notification for Marco Island Planning Board meetings of land use petitions. County Staff shall remain employees of the County at all times during the effective term of this Agreement. County Staff will fonvard all petitions to the City's Community Development Director for review prior to finalizing executive summaries on each petition. TERM OF AGREEMENT. This Agreement shall be effective as of May 5, 1998, and terminate on September 30, 1998, or upon the final deposition of all pending land use petitions by the City, including any appeals, whichever is later. COMPENSATION. County shall be paid thirty dollars ($30.00) per hour for the actual staff time involved in presenting land use petitions to the Marco Island Planning Board and/or the City Council for the City of Marco Island, as appropriate. County Staff travel time shall not be compensated. However, the City shall pay for mileage for County Staff's travel from the Collier County Government Complex to the City of Marco Island at the rate of 29 cents per mile in accordance with Chapter 112, Florida Statutes. Said payments from the City to the County shall be made to the Board of County Commissioners. 'l'he payments by the City shall be governed by Chapter 218, Florida Statutes (The 8A 5 o o Florida Prompt Payment Act). The County shall invoice the City for all of the payments referenced above. INSURANCE. The County's liability coverages will extend to both the County and County Staff for this agreement subject to normal exclusions. The City must procure its own insurance coverage for any risks related to County Staff's service on behalf of the City of Marco Island. INDEMNIFICATION. To the extent permitted by Florida law, the City shall, in consideration of the benefits received from the County by the provision of County Staff services (which are acknowledged to have a monetary value substantially in excess of $100.00), hold harmless, indemnify and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description, arising out of or incidental to the performance of this Agreement which results from any negligence, intentional conduct and/or willful and wanton behavior of the City and/or its agents and employees. This provision shall also pertain to any claims brought against the County by any employee of the City, any subcontractor or anyone directly or indirectly employed by any of thegn, other than by County Staff. The City's obligations under this provision shall only be limited to the extent provided by Florida law and not by the City's limit of, or lack of, sufficient insurance protection. This section shall not apply to any claims arising from the sole negligence or intentional or willful and wanton conduct of the County, County Staff, or any other employee or agent of the County. TERMINATION. This Agreement may be terminated by either party by providing forty eight (48) hours advance written notice to the other party. Notice to the City shall be provided to: Harry J. Cowin, Chairman City of Marco Island, Florida 1280 San Marco Road Marco Island, Florida 34145 Notice to the County shall be provided to: Barbara B. Berry, Chairman Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 This Agreement shall also terminate in accordance with the provisions set forth in paragraph 2 regarding the term of this Agreement. 3 8 A 5 ..RECORDING. This Agreement shall be recorded in the Official Records of Collier County, Florida. THE CITY OF MARCO ISLAND, FId)RI DA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: Harry J. Cowin?'Council Ctmirman Attest: Attest: A. \Villiam Moss, City Manager/City Clerk l')wi-fi't E. Br~x:k.:.::','2 ,... ~:.:. ,8 Clerk of Court~" 5:.,: ~:z:".;~ .',-'., Approved as to form and legal sufficiency fi'~r the City of Marco Island. Florida: Kerlncth B. Cuyler. Escl-~c..~~' - Interim City Attorney Approved as to form and legal sufficiency for Collier County: Ramiro Mafialich. Esq. Chief Assistant County Attorne~ li,'q047 I,WP5 18A 6 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ASA PROPERTIES I,LC REGARDING TItE IN-LINE SKATE COMPETITION SCHEDULED FOR MAY 16-17, 1998 THIS AGREEMENT, is nladc and entered into this .5' '4day of ~?.2;~,~,, _. 1998, by arid bct~vecll ASA Properties LLC, a limited liability company organized under tile State of California, l~crcinaf.tcr rcf'crrcd to as "GRANTEE" and Collier County, a political subdivision or thc State of. Florida, hcrcinaRcr rc£crred to as "COUNTY." WHEREAS, thc COUNTY has adoptcd a Totlrist Development Plan (hereinafter rcf.crrcd to as "Plan") funded by proceeds ~'rom thc Tourist Development Tax; and WHEREAS, thc Plan provides that ce~ain of. thc revenues generated by thc Tourist Development T~x arc to bc allocated f.or thc promotion and advertising of' Collier County nationally and internationally and for thc promotion and advertising of. activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development 'Fax Council and the County to usc Tourist Development Tax funds for tile promotion and advertising of the In-line Skate Competition scheduled for May 16-17, 1998 (the "Event"); and WHEREAS, tile COUNTY desires to hind the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PRO\;IDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance xvith thc Budget attached as Exhibit "A," the GRANTEE shall provide the advertising and promotion of.the Event. 2. PAYMENT: 'File amount to be paid under this Agreement shall be Forty Timusand Dollars ($40,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of thc County for expenditures incurred for thc promotion and advertising expenses as described in Section I upon submittal of all invoice and upon verification that thc services described in tim invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by SLleh invoice }mvc been provided or pcrl~mncd H~ ~c~ordancc w~th such audmr~afion. The linc item budget attached as Exhibit "A" shall constitute authorization of thc expenditure described in thc invoices provided that auch expenditure i~ made in accordance with this Agrccmcnl. llach invoice submitted by GI{AN'I'I~I'; shall be itemized in sufllcicnt detail lbr audit thereof and shall bc supported by copies of corresponding vendor invoices and proof of receipt of goods or pcrlbnnancc of the services invoiced. GRANTEE shall ccrtil~ in writing that all subcontractors and vendors have been paid for work and materials fi'om previous paymcnts received prior to receipt of any fi~hcr payments. Thc COUNTY shall not pay GRANTEE until thc Clerk o~' Iht Board of'County ColllmissJoncrs pre-audits payment invoices in accordance with thc law. (~RAN'I'I~[~ shall be paid for its actual cost not to exceed thc total amount for various line items and up to the maximum amount budgctcd pursuant to thc Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at thc discretion of GRANTEI~. Adjustment in excess often percent (10%) of any linc item must be authorized by thc County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will bo paid by COUNTY. Any expenditures paid by CO~TY which are later deemed to be incligiblc expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to rcpay said ~unds. COUNTY may request rcpa~ncnt of fimds for a period of up to one year after termination off this Agrccmcnl or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of Counly Commissioners and the Tourist Development Council as additionally insured. The cc~ificalc must be valid for thc duration of this Agreement, and bc issued by a company licensed in ll]c State off Florida, and provide General Liability lnsttrancc for no less than the folloxving amounts: II()DII,Y IN.IURY I, IABILITY $1 ,(11}{1,(}00 each claim per pcrson PROPISRTY DAMAGE LIABILITY $1',000,000 each claim per person PERSONAl, IN.tURY LIABILITY $ I,(1()0,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S L1ABILITY-Statuto~ The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. Thc GRANTEE shall not commence promotional and advcrlising activities which are to be fi~ndcd pursuant to this Agreement until tile Certificate of Insurance has been received by the COUNTY. 5. MONTI tLY REPORTS: GRANTEE shall provide to County monthly reports on tim duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agrccmcnt. Thc report shall identify thc amount spent {luring tile preceding 30 days and thc duties performed, and thc services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure thc continued satisfactory performance of all vendors and subcontractors. 6. CttOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and thc subcon- tractors or vendors, including, but not limited to, similar or related employees, agcms, of liters, directors and/or shareholders. COUNTY may, in its discretion, object to thc reasonableness of expenditures and require repayment if' invoices have been paid under this Agreement for unreasonable expenditures. Thc reasonableness of the expenditures shall be based on industry standards. 7. INI)L'MNIFICATION: Tile GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including aUomcy's fees and all costs of litigation and judgments of any name and description arising out of or incidental to thc pert're'manet of' this Agreement or work pcrfonncd thereunder. This pro,,ision shall also pertain it) ~my claims brought against thc C()[)N'I'Y by any employee of thc n;m~cd GRANTEE, any subc(mtractor, or anyone directly or indirectly employed or authori×cd to perform work by :my ~t' them. The GRANTEE's obligation under this provision shall not be limited irt any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit ol2 or lack of, sufficient insurance protection. and deemed duly served if mailed by registered or ccrtilicd mail lo thc GRANTEE at £ollowing address: Rick Bratman, President ASA Properties LLC 13468 Beach Avenue, Second Floor Marina Del Rcy, California 90292 ,13[_O~: All notices From the COUNTY to the GRANTEE shall be in writing thc All notices fi'om the GRANTEE to thc COUNTY shall bc in writing and deemed dui3,' served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Thc GRANTEE and thc COUNTY may change thc above mailing address at any time upon giving the other party written nolitication pursuant to this Section. 9. ~,l© PARTNERSHIP: Nothing herein contained shall be construed as creating a parlncrship between the COUNTY and tile GRANTEE, or its vendor or subcontractor, or to constitute thc GRANTEE, or ils vendor or subcontractor, as an agent or employee oF thc COUNTY. 10. TEI~.MINA'I LO_I~: Thc COUNTY or thc GRANTEE may cancel this Agrcenlcnt with or without cause by giving 30 days advance written notice oF such termination pursuant to Section 8 and specifying the cffeclive date of tcm'fination. If thc COUNTY' tenninates ti'tis Agreement, thc COUNTY will pay thc GRANTEE for all expenditures incurred, or contractual obligalions incurrcd with subconlractors and vendors, by GRANTEE tip to thc effective date of the tcmnination so long as such cxpcnscs arc eligible. Provided, however, or if GRANTV. E fails to hold thc event or activity, GRANTEE shall pay to COUNTY all Funds cxpcnded by COUNTY pursuant Io this Agreement, unless thc Board of County Commissioners detcmfincs that the completed promotion and advertising of the event or activity were sufficient to justify the usc of tourist development tax fimds. I1. GENERAL ACCOLI.tN_ZTING: GRANTEE is required to maintain complctc and aCCUFaIC accounting rccords and kccp tourism funds in a separate checking account. All rcv~:nu¢ related to the Agreement should be recorded, ,'md all expenditures must be incurred w/thin the tcrrn of this Agreement. 12. AVAiLABiLITY OF RECO~_~: GRANTEE shall mainiain records, books, documents, papers and financial information pertaining to xvork pcrfom'md under this ,,\grcc- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and thc right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROI-tIBITION OF ASSIGNMENT: GRANTEt.:, shall not assign, convey, or transfer in whole or in part its interest in this Agreement xvithout thc prior written consent of thc COUNTY. 14. TERM: This Agreement shall become effective on May 5, 1998 and shall rcmain effective for one year. Thc GRANTEE shall request an extension of fbi3 tem'~ in writing al. least thirty (30) days prior to tile expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend lhe term for an additional one year. Any f'unds not used by GRANTEE during thc term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate thc event identifying the success of tile event, explaining how the success and quality xvcrc evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to lhc County Administrator or his designee within sixty (60) (tab's of the date of thc event. 16. REOUIRED NOTATION: All promotional must prominently list Collier County as one of thc sponsors. 17. AMENDMENTS' This ,,\grccmcnt may lilcraturc and media advertising only be amended by mt"..ual agrccmcnt of thc parties and after rccommcndation by tile Tourist Development Council. 18. GOVERNING LAW: This Agreement shall be governed and construed in accordance ',vith lhe laws of the Stale of Florida. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. · ATTEST: DWIGHT' E'. BROCK, Clerk /~ ': ¢~' ~ ~ ~ ~ ~'o r~- ~ .... WITNESSES' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ASA PROPERTIES I.,I.,C PHntedfryped Name (2) /, By: I'rinted/Typed Name I'rinted/l'yped Name Pnntcd£Fypcd Title '/ ¢' ' (corporate seal) Approved as to form and legal sufficiency t~:idi F. Ashton (_...) ssistant County Attorney h:hg/hfa/98Tl)C/ASA Properlies I.I.C-Skale Competition ~ 6 EXIIIBIT "A" ADVERTISING/PROMOTION/PRODUCTION Creative Design Creative Execution Print Advertising Television Radio Promotions Production fees Features Production Post Production Dubs Printing $ ..'2. ,6¢o "h O~ Total 7 RESOLUTION NO. 9g-~ Ii!) A RI!SOI.t FI'ION AllTl [ORIZING TI IF. ('11AIRMAN OF '['l 1E lt().,\l,ll) ¢ )F ('OUNTY ('OMMI$SIONI:.RS TO SIGN AND SEND A TECIINI('AI. l.l'Tl'l'El,l OF NOTIFI('ATI()N T() AI.I. tINITS OF (H'~NI.iRAI. l.()('Al. (;OVERNMEN'['S I.OCATI!D IN ('O[.[.lliR ('OIINTY. AI)VISIN(; OF ('OI.[.[ER ('OUNTY'S INTENT T() Al'l'l.Y TO Tile Flil)liRAI. DEPARTMI:~NT OF l IUD [:()R 'I'lll! IiXPRESSliI) PUF',POSI.; ()1: QUAI.I[:IED AS AN "ilRI]AN COUNTY" AND BEING ABI.['.' TO Rli('[:.[\;li [';NTI'I'I.I.;M[.;NT (;RANTS FOR TIlE I:EI)lil,IAI. FIS('A[. YI'~ARS 199% 2000 AN[') 2001. AS REQU'IREI) BY '['llE I)[;.I'AR'I'MI.~NT OF llUI) \VIIF. RI!:\S. thc Ih)using and ('onmmnity l)cvch)pmcnt act of 1974. as amended, makes prov~smns xx hereby counties may apply fi~r "1 lrban County" status which will allow them to carry out activmcs winch will be funded I?om annual Ill Il) ('ommunily l)cvclolm~Cnl Block (;rant l';nl~llcmcnt and I I()ME program lhnds: and WI [EREAS. Collier ('ounty wanls Ibc opportumty Io apply fi)r said Ihnds. and WIII~REAS, this acl requires in order to qualify as an urban county, that Collier County must noti[~ all units .fgencral local government wnhin its borders (flits intent to apply fi~r urban c,,umy status: ami WI IERI!AS. m addilmn, the I)cpartmcnl ol'l [I 1I) rcqt,rcs that this noi~ficat,m mlbrm all urals of general local gOVcl'nll)e/ll ill'their l~]]oxvmg I. Thai iflhcir City ch(Il)scs lo be ~ as pal't o/'tlle rcqucsl fi~r urbatl COtlllty slaltls, I1 is ineligible to apply Ik}r granls under the HUl)-Admimslcrcd Small Cities or Stale CI)B(; programs while it is part of the urban county, ami lhat il must noilly ('oilier County and IIUD of its election 1o be included by June 5. 199S: 2. '['hal ~fthcir ('ily chooses to be jncludt'{l ns parl ol'lhc rcqtlcsl lbr urban cotlnly slattls. also ;1 particqxml m Iht I I()ME program il'thc urban counly fete:yes Il{ }Nil5 lhndmg and may ~mly participate m lhe I I()ME Program lhrough lhc urbnn county: 3. That d'thc~r ('~ty chooses to be fxcluded as part of Iht request lbr urban counly slatus. ~I must nouly both ('olher County and IIUD of its elecllon Io be excluded by June 5, 199g. 4. ']'hat H' ally or ail units of general local gOVct'nlllOlll C]egl to he Included tn [he urban alld Iloli ties thc Collier County alld J l UJ) of flits fhct. a Coopcr;mon Agreement between each City and Collier Coumy wilt need to be executed by July 13. 199g. l'his agreement will then be submilled with Colher County's qunlilying documentation and sent to lit ~D July 17. 199g, as pnrl of('ollicr ('ourlly's npplicalion. Urban counttcs lhal musl enter coopcralion agreements or amendments, as appmprinle, with Ibc tlllils of'general local goVCrlllllCllt JoctllCd H1 wJloJc or H1 part WiIJlH1 thc COLt/It)'. llltlSt sUb/lilt to lit ri)executed coopcralloll agreemcnls, logelhcr wilh evidence ofaulhorizatmn by die governing bodies both parties (county and included unit) executed by tile proper ol'ficials in sufficient time to meet the deadline (July 17, 1998). WI IEREAS, regardless oVwhich choice thc unit ol'gcncral local government rakes, it must notil~, bolh ('Nlicr County and lit/l) of' ils inlcnl hy June 5. 1998: and WI IEREAS. if it docs not. the Department ol'lll]l) wdl assume that il wmshcs hi he included a~ pan oFCollicr County's applicalion. NOW. l'l IIiREFORE. BE IT RES()I.VED BY T11E IIOARI) OF ('()I IN'FY U()MMISSIt)NERS OF COLLIER ('OUNTY, FLORIDA. 'l'l IAT: I. Thc Collier County Board ol'('ounty Commissioners hereby directs thc ('oilier ('ounty I)cpartmcnt of Ilousing and Urhan Improvement lo prepare. ~r cause to bc prepared, a technical letter ofnolllication to all units ul' general local government located within thc hordcrs ol'Collicr ('ounty. stating Ihal ('.llier cuunty bus Ii~c i~11c~11 -I'applying lbr "Urban ('ounty" slatus wilh thc l)cparmmcnt ol'llUI). 2. That this letter ofnotification contain an explanation or~)ptions to thc umts ol'gcncral local government in regards Io whether they wish lo be included or excluded as part of thc urban counly fi~r this npplicadon. 3. 'l'hat Ibis loller ornotificntion also state that the tmnits ol'gcncral local government must submit their response in writing to Collier C'otmnty and the I)cpnnmcnt ~fflll YD by June 5. 1998. 4. That lhis loller be signed by thc ('hairman of thc Collier ('ounly l~oard ol'('omtmss~oncrs. 5. 'llml this letter of nolitication be sent to each unit ol'gcncral local govcmmcnl hy ccnilied mail prior to the IIUD dcndlinc date ol'May 8, 1998. BI( IT F[IRTIIER RESOI.VILD thai th~s Rcsohmlmn hc recorded by thc ()fficmal ('lcrk of('m~r~s m thc Public Records oft'oilier County. I:h~rmda. ,,\ D()I'TI!D this /','1T E,'.;T: D\VI(;I Fl' Ii. I~.RO('K AI'RO\q'~I) AS 'FO FORM AND I.E(JAL lle~di F. Ashl*,n Assislan! ('ounty Attorney _dav of May. 199X. ('OI.I.IEI~. ('OUN'I'V I]OARI) OF ('()[ UOMMISSIONERS 8 7' Exhibi! May 7,1998 Name Mayor or Chairman City XXXXX Street Address City XXXXX, Florida XXXXX Re: Urban County qualification process for Fiscal Years 1999-2001. Dear Mayor or Chairman, Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants," rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and probably the most important one is to have a population that exceeds 200,000. Currently, Collier County's population exceeds this threshold. The purpose of this letter is to notify all units of general local government (incorporated areas like the City of XXXXX) that the County is planning to apply for "Urban County" status with the Department of HUD. Pad of HUD's required notification process mandates that Collier County inform the City of XXXXX, and. all other units of general local government of their following options; That if the City chooses to be includec[ as part of the request for urban county status, it is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by June 5, 1998; That if the City chooses to be in¢lude~ as part of the request for urban county status, it is also a padicipant in the HOME program if the urban county receives HOME funding and may only participate in the HOME Program through the urban county; That if the City chooses to be .e,_~.cJ. ud.~.~ as part of the request for urban county status, it must notify both Collier County and HUD of its election to be excluded by June 5, 1998, Such election to be excluded will be effective for the entire three-year period for which the urban county qualifies (1999 through 2001), unless the City of XXXXX specifically elects to be included in a subsequent year for the remainder of the urban county's three-year qualification period. The excluded unit must provide such notification of election to be included in writing by June 5, 1998. Notwithstanding, if the City of XXXXX elects to be includ[d..in th~ urb_an___c._o_~_n_ty and notifies the Collier County and HUD of this fact, a ¢ooperatiorl Agreeme~0} between the City of XXXXX and Collier County will need to be executed by July 13, 1998. This agreement will then be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 13, 1998). In conclusion, whatever path lhe City of XXXXX elects to take pertaining lo Collier County's application, the City needs to notify both Collier County and HUD of its~ntent. If it does nol, HUD will assume that it wishes to be included as part of Collier County's aoDlicatio~. The City's response to this letter needs to be sent to the following addresses by June 5, 1998: Colli_¢r C. ount~ Donald R. Blalock, Jr. 403-2339 HUI Manager Housing & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 _D_.__epadment c~f HJJ_D Angelo Castillo 305-662-4570 CPD Director U.S. Department of HUD Florida State Office/CDP 1320 South Dixie Highway Suite 500 Coral Gables, Florida 33146 Your help in this matter will be greatly appreciated. contact me at your convenience. any questions arise, please x:2223 Sincerely, Barbara B. Berry, Chairman Collier County Commissioners ' John C, Norris Districl 1 Timothy L. Hancock, AICP District 2 Timothy J. Ccnstantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail - Naples. Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 May 5, 1998 Harry J. Cowin City Council Chairman City of Marco Island 1280 San Marco Road City of Marco Island, Florida 34139 Re: Urban County qualification process for Fiscal Years 1999-2001. Dear Mr. Cowin, Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants." rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and probably the most important one is to have a population that exceeds 200,000. Currently, Collier County's population exceeds this threshold. The purpose of this letter is to notify all units of general local government (incorporated areas like the City of Everglades) that the County is planning to apply for "Urban County" status with the Department of HUD. Part of HUD's required notification process mandates that Collier County inform the City of Marco Island, and all other units of general local government of their following options: That if the City chooses to be included as part of the request for urban county status, it is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by June 5, 1998; That if the City chooses to be included as pad of the request for urban county status, it is also a participant in the HOME program if the urban county receives HOME funding and may only participate in the HOME Program through the urban county; That if the City chooses to be excluded as part of the request for urban county status, it must notify both Collier County and HUD of its election to be excluded by June 5, 1998. Such election to be excluded will be effective for the entire three-year period for which the urban county qualifies (1999 through 2001), unless the City of Marco Island specifically elects to be included in a subsequent year for the remainder of the urban county's three-year qualification period. The excluded unit must provide such notification of election to be included in writing by June 5, 1998. Notwithstanding, if the City of Marco Island elects to be included in the urban county and notifies the Collier County and HUD of this fact, a Cooperation Agreement between the City of Marco Island and Collier County will need to be executed by July13, 1998. This agreement will then be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 13, 1998). In conclusion, whatever path the City of Marco Island elects to take pertaining to Collier County's application, the City needs to notify both Collier County and HUD of its intent. If it does not, HUD will assume that it wishes to be included as part of Collier County's application. The City's response to this letter needs to be sent to the following addresses by June 5, 1998. Collier County Department of HUD Donald R. Blalock, Jr. 403-2339 HUI Manager Housing & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 Angelo Castillo 305-662-4570 CPD Director U.S. Department of HUD Florida State Office/CDP 1320 South Dixie Highway Suite 500 Coral Gables, Florida 33146 x:2223 Your help in this matter will be greatly appreciated. If any questions arise, please contact me at your convenience. Sincerely, Barb'ara B. Berryr-Oha?rma~ Collier County Commissioners John C, Norris D~strict 1 Timothy L, Hancock. AICP District 2 Timothy J, Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 May 5, 1998 · / Mayor Sammy Hamilton, Jr. City of Everglades 102 Copeland & Broadway City of Everglades, Florida 34139 Re: Urban County qualification process for F~scal Years 1999-2001. Dear Mayor Hamilton, Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) fnr the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants," rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and probably the most important one is to have a population that exceeds 200,000. Currently, Collier County's population exceeds this threshold. The purpose of this letter is to notify all units of general local government (incorporated areas like the City of Everglades) that the County is planning to apply for "Urban County" status with the Department of HUD. Part of HUD's required notification process mandates that Collier County inform the City of Everglades, and all other units of general local government of their following options; That if the City chooses to be included as part of the request for urban county status, it is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by June 5, 1998; That if the City chooses to be included as part of the request for urban county status, it is also a participant in the FIOME program if the urban county receives HOME funding and may only participate in the HOME Program through the urban county; 2 That if the City chooses to be excluded as part of the request for urban county status, it must notify both Collier County and HUD of its election to be excluded by June 5, 1998. Such election to be ..excluded will be effective for the entire three-year period for which the urban county qualifies (1999 through 2001), unless the City of Everglades specifically elects to be included in a subsequent year for the remainder of the urban county's three-year qualification period. The excluded unit must provide such notification of election to be included in writing by June 5, 1998. Notwithstanding, if the City of Everglades elects to be included in the urban county and notifies the Collier County and HUD of this fact, a .Cooperation Aqreement between the City of Everglades and Collier County will need to be executed by July 13, 1998. This agreement will then be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 13, 1998). In conclusion, whatever path the City of Everglades elects to take pertaining to Collier County's application, .t. he City needs to notify both Collier County and HUD of its intent. If it does not, HUD will assume that it wishes to be included as part of Collier County's applic~on. The City's response to this letter needs to be sent to the following addresses by June 5, 1998: Collier County Department of HUD Donald R. Blalock, Jr. 403-2339 HUI Manager Housing & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 Angelo Castillo 305-662-4570 CPD Director U.S. Department of HUD Florida State Office/CDP 1320 South Dixie Highway Suite 500 Coral Gables, Florida 33146 x:2223 Your help in this matter will be greatly appreciated. If any questions arise, please contact me at your convenience. Sincerely, Collier County Commissioners John C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy J. Conslanline District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 Mayor William Barnett City of Naples 735 8'~' Street South Naples, Florida 34102 3301 East Tamiami Trait · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 May 5, 1998 Re: Urban County qualification process for Fiscal Years 1999-2001. Dear Mayor Barnett, Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants," rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and probably the most important one is to have a population that · exceeds 200,000. Currently, Collier County's population exceeds this threshold. The purpose of this letter is to notify all units of general local government (incorporated areas like the City of Everglades) that the County is planning to apply for "Urban County" status with the Department of HUD. Part of HUD's required notification process mandates that Collier County inform the City of Naples, and all other units of general local government of their following options; That if the City chooses to be included as part of the request for urban county status, it is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by June 5, 1998; That if the City chooses to be included as part of the request for urban county status, it is also a participant in the HOME program if the urban county receives HOME funding and may only participate in the HOME Program through the urban county; o That if the City chooses to be excluded as part of the request for urban county status, it must notify both Collier County and HUD of its election to be excluded by June 5, 1998. Such election to be excluded will be effective for the enlire three-year period for which the urban county qualifies (1999 through 2001), unless the City of Naples specifically elects to be included in a subsequent year for the remainder of the urban county's three-year qualification period. The excluded unit must provide such notification of election to be included in writing by June 5, 1998. Collier County understands that the City of Naples has already received "Metropolitan City" status from the Department of HUD, and is currently receiving funds. Collier County also realizes that because of this fact the City of Naples may wish to be excluded from Collier County's application. However, as stated above, Federal Law mandates that all units of general local governments must be notified of the County's application. Notwithstanding, if the City of Naples elects to be included in the urban county and notifies the Collier County and HUD of this fact, a Cooperation Aqreement between the City of Naples and Collier County will need to be executed by July 13, 1998. This agreement will then be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 13, 1998), In conclusion, whatever path the City of Naples elects to take pertaining to Collier County's application, the City needs to notify both Collier County and HUD of its intent. If it does not, HUD will assume that it wishes to be included as part of Collier County's application, The City's response to this letter needs to be sent to the following addresses by June 5, 1998: Collier County Department of HUD Donald R. Blalock, Jr. 403-2339 HUI Manager Housing & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 Angelo Castillo 305-662-4570 CPD Director U.S. Department of HUD Florida State Office/CDP 1320 South Dixie Highway Suite 500 Coral Gables, Florida 33146 x:2223 Your help in this matter will be greatly appreciated. If any questions arise, please contact me at your convenience. Sincerely, Barbara B. Berry, Chaii~an Collier County Commissioners RESOLUTION NO. 98- 118 A RESOLUTION EXTENDING THE TERM OF THE LAKE TRAFFORD RESTORATION TASK FORCE AND REAPPOINTING MEMBERS TO THE LAKE TRAFFORD RESTORATION TASK FORCE. WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Resolution Nos. 96-225 and 97-250, establishing the Lake Trafford Restoration Task Force for a period of one year and then extending the tcm~ for an additional one (I) year period to expire May 7, 1998; and WHEREAS, in order to finalize the work necessary to restore Lake Trafford, it xvill be necessary to extend the term of this ad hoc committee for an additional one (1) year period; and WIIEREAS, the Chairman of the Lake TrafTord Restoration Task Force provided the Board of County Commissioners with a list o£ current and suggested members to be appointed and/or re-appointed to this committee; NOW. THEREFORE, BE lT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Lake Trafford Restoration Task Force is hereby extended for an additional period ofone (I) year, said term to expire May 7, 1999. 2. The following members are hereby re-appointed to the Lake Trafford Restoration Task Force. Barbara g. Berry, Chairman, Board of County Commissioners Ed Carlson, South Florida Area Manager, National Audubon Society Dr. Eric Haig, Senior Engineer, South Florida Water Management District Dr. Gail G. Gibson, Senior Hydrogcologist, Collier County Pollution Control Departmeut Gene ttcam, Rex Properties John M. Iglehart, Environmental Administlator, Deparlmcnt of Environmental Prote;tion Frank Morel lo, Biological Administrator, Division of Fisheries, Everglades Region, Game & Fresh Water Fish Commission Edward "Ski" Olcsky, Lake Trafford Marina. Inc. Miles "Rocky" Scofield, Scofield Marine Consulting Michael Simonik, Environmental Policy Facilitator, The Conservancy Jackie Smith, Regional Biologist, Department of Environmental Protection Clarence Tears, Director, Big Cypress Basin, South Florida Water Management District Fred N. Thomas, Jr., Greater hnmokalee Chamber of Commerce Page 1 of 2 3. Para Brown is hereby appointed to the Lake Trafford Restoration Task Force. This Resolution adopted this .-~ day of'~-7~/f//~/ . , 1998 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK .. Approved as to form and legal su.fficJency: David C. Weigel~a~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA dcwMda/h:te~lufion~d199811.ake Trafford Rcsloration Task [:t~rc¢ exlen~ion Page 2 of 2 John C. Norris District 1 ~:rmothy L Hancock AICP District 2 ' ~ ' ')imothy J. Constant:ne istrict 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail. Naples, Florida 34112.4977 (941) 774-8097 · Fax (941) 774-3602 May 5. 1998 · ,/ Mr. Joseph Bawduniak, Chairman Naples Airport Authority 160 Aviation Drive North Naples. FI, 34 I04 Dear Mr. Bawduniak: This ,,'.'ill acknowledge receipt of your April 27. 1998 letter requesting the Board of Countv o Commissioners to Formally appoint a representative of the Commission to se~'e as a votinv, member or'the Noise Compatibility Committee. This letter is to advise you that while convened in regular session on Tuesday. Mav 5. 1998. the Board considered the appointment and. at that time. appointed me to serve on the committee. Thank you for giving Collier County the opportunity to participate on this committee. I look forward to working with you in the Ihture and. in the meantime iFyou have an.,.' questions, or you feel that I can be help£ul to you in some other way. please do not hesitate to let me know. Ver~' trtfly .,,'ours. Barbara B. Ben5.', Chairman Commissioner. District 5 BBB:sf MEMORANDUM DATE: May 5, 1998 TO: FROM: SUBJECT: Commissioner Barbara Berry, Chairman, District #5 Commissioner Timothy J. Constantine, District #3 Commissioner John C. Norris, Vice-Chairman District # 1 Commissioner Pamela S. Mac'Kie, District #4 Commissioner Timothy L. Hancock. District #2 David C. Weigel, County Attorney ~;t"'~ _~. ~, ',~~/,/Jff_.oox'~ Opinion Discussing Concept of' Third-Party Beneficiary Status and Viability of Collier County Potential Lawsuit Against Intellinet, Inc., or Mr. William F. Rassmusscn On September 2, 1997, at a regularly scheduled Board of County Commissioners' meeting was heard, agenda item. 14A, relatin~ to the February., 1996 Senior PGA Golf Tournament event, held ii, Collier County, Florida and the Tourism Grant Pro,am agreement between the County ap.d PGA Tour, Inc., as amended. In the course of Board discussion, it was stated that in said February, 1996 golf tournament a title sponsor (Intellinet, Inc.) never paid its title sponsor fee, potentially giving Collier County "some third-party beneficiary kinds of legal rights against that sponsor." In the course of discussion but without a formal vote, two commissioners indicated a desire for the County Attorney to provide an opinion as to v:hether Collier County "might bca third-party beneficiary of the agreement between Mr. Rasmussen or Intellinet, Inc. and whomever he contracted with" (assumption that it was PGA Tour, Inc.). (Actually, the contract of Intellinet, Inc. ,,,,'as apparently with People & Properties, Inc.) Some Pertinent Background There is no genuine quest/on of where or how the Collier County. Tourist Development Tax grant of $500,00.00 for the 1996 Senior PGA tour event in Collier County ',,,'as spent or to whom it was paid. The record is clear as to when the lump sum payment of S50'0,000.00, Tourist Tax funds, ,,',,'as made to PGA, Inc. (2/6/96). There is no question that the event, a Senior PGA golf tournament, ',','as successfully held in its entirety on February 5 - February. 1 I, 1996. T}:ere is no question or allegation that PGA Tour, Inc. did not perform all aspects of the 1996 senior tour even.____[t according to its contract with Collier County. Any question of erroneous payment to PGA Tour, Inc. by the County or any alleged failure of PGA Tour, Inc. to account for tourist tax grant monies received is not part of this opinion request. There is no opportunity for Collier County to sue PGA 'Tour, Inc. as a "Third-Party Beneficiary," regarding its contract with PGA Tour, Inc., a not-for-profit corporation, becaus} Collier County is a direct party xvith PGA Tour, Inc. in its 1/2/96 Agreement with PGA Tour, Inc. There is nothing to indicate that PGA Tour, Inc. did not perform the tournament event under . Board of County Commissioners M/ly 5, 1998 Opinion Discussing Concept of Third-party Slams and Viability of Collier County Potential Lawsuit Against Intellinet, Inc., or Mr. Willir. m F. Rassmussen Page 2 the agreement as written and understood by the parties. Similarly, I ha,.,e no information to the contrary and Board discussion minutes reflect that Intellinet, Inc., performed fully on its direct agreement with Collier County, also dated I/2/96. Board meeting minutes indicate Board member recognition and satisfaction of the County receiving total exposure promotional coverage in season audited or valued at $7.2 million and 12,000 commercial spots providecl through Intellinet, Inc. out-of-season. It does not appear that the alleged issue ora purported failure of Intellinet, Inc. to pay as a title sponsor of the tournament ,,','as a contractual issue xvith PGA Tour, Inc., but rather was an issue with People & Properties, Inc., as the licensed sponsor of the 1996 Senior PGA Tour tournament held in Collier County, Florida. The Third-Party Beneficiary Concept - a brief synthesis Essentially', there are three classes of th/rd-party beneficiaries to contracts: donee. beneficiaries, creditor beneficiaries anti incidental beneficiaries, or sometimes these are classified as intended beneficiaries or incidental beneficiaries. It would be necessary for any contract between Intellinet, Inc. and People & Properties, Inc. to show clear intent and purpose to be a direct and substantial benefit to a third party' (i.e.. Collier County) and not merely that a third party might be benefited by it, or that they' are indirectly or incidentally benefited by it. Such third party ,,','ho is directly and substantially benefited by the performance of the contract mav maintain an action for its breach. A th/rd part,, may stte on a contract intended for his benefit as well as for the benefit of the formal parties thereto. Case law indicates that such beneficiary is 9nlv entitled to those rights created or duties imposed in the beneficiary's favor. Additionally, a third-party beneficiarv's ri,.2hts to rccovcr damages from a breaching party cannot extend beyond the rights of the other contractint~ pony's entitlement to damages. In thc absence o fa clear intent to benefit a third person (such as Collier County) the third- party' cannot suc or,, the contract. Generally, ifa contract is desi~zned solely for the benefit of the formal parties thereto, a third party cannot maintain art action even if the th/rd part.,,' migh: obtain some ir~cid'~'ntal or consequential benefit/'rom contract enforcement. ifa third party (here, Collier County') were to sue (Inteilinet, [nco under a third-p;,rty beneficiary theoo', it must allege facts concerning the contract sufficient to prove that the parties (Peqple & Properties, Inc. and Intellinet, Inc.) intended that it (Collier County) be benefited. Otherwise, the lawsuit ,,,,'ill fail and the third party regarded as merely an incidental beneficiary. The/''acts at Hand A contract relationship purportedly existed between People & Properties. Inc. and Intellinet, Inc. from on or about September 2, 1993 for Intellinet, Inc. to be thc Seniors Tournament's title sponsor for several years, through 1997. The agreement arrangement between People & Properties, Inc. and Intellinet, Inc. was purportedly modified between th"c parties in mid 'Board of County Commissioners May 5, 1998 Opinion Discussing Concept of Third-party Status and Viability of Collier County Potential Lawsuit Against Intellinet, Inc., or Mr. William F. Rassmussen Page 3 December, 1995. A lawsuit betv,'ecn P.oplc & Properties, Inc., Plaintiff, a~2ainst Intellinet. Inc.. (. William Rassnlussen, and The Challenge Foundation concerning said contract r.clationship was intiated December 20, 1996 and dismissed in November, 1997. Opinion upon the Facts and Law Thc County is not a donee or creditor beneficiary, and there is no substantial evidence that tile County ,,vas ever intended even as an incidental beneficiary., particularly in the li,.z}lt that the title sponsor agreement at issue predates Collier County tourist tax dollar involvement for years and existed with or without tile participation of Collier Count,,'. There appear to be no damages suffered by Collier Count.',' upon the alleged actions betv,'een and contract relationship of Intellinet, Inc. with People & Properties, Inc. The Senior PGA Tour event in Collier County in February, 1996 ,,','as held successfully and ne/ther People & Properties, Inc. nor Intellinet, Incf failed Collier Count.,,, as to their contractual responsibilities on the I/2/96 Tourism Grant Agreement between Collier Count',,' and PGA Tour, Inc. Moreover, it is also because Intellinet, Inc. and People & Properties, Inc. ,,,,'ere signatories to the County's agreement with PGA Tour, hie.. tii'at Collier County cannot and should~not rise to sue Intellinet, Inc. to enforce its contractual "promise" to Peopl~ Sc Properties. Inc., because under thc facts alleged by People & Properties, Inc. in its aforementioned lawsuit a,.2ainst Intellinet, Inc., et al., it knew performance facts relative to its contract and had already modified its title sponsor arrangements with Intellinet, Inc. and never brought this to tile attention of Collier County prior to or at the Board meetin,.2 of January 2, 1996. People & Prope~-tics, Inc. has had its dav itl court a,-2ainst Intellinet, Inc., \V'illiam Rassmusscn and The Challenge Foundation and that day is over. The County has suffered no loss by any alleged fa/lure of the contract between those parties and does not gain anything by enforcement of ~he purported agreement - it would brint,, no dollars to Collier Cotmtv. T}',e County has received all benelit it ever expected from the golfevent and the identified a'2reenlent between People & Properties, Inc. and Intellinet, Inc. Upon thc foregoing, it is rny opinion that Collier C'ountv has no riuht or ability to ir~itiatc and successfully ,,,,,'age a third-party beneliciarv lawsuit a~ainst Intellinet. Inc. Inasmuch as ~his type of' cause of action derives from contract.'it is not viable a,.z, ainst the individual, William F. Rassmusscn. ~ ! hope the fbregoing infom'mtion and opinion has been responsive to the request made. I stand ready to assist further if there should be any further questions in the matter. h:cw/~'V¢igcl/mert:os:l'l')8,[ICC Ir~l¢l!met !6A 1 RESOI,UTION Ne). 98- ~ A RESOLUTION OF TIlE BOARD~OIr COUNTY COMMISSIONERS, COI,LIER COUNTY, FLORIDA AUTIIORIZING TIlE DEFERRAl. OF LIBRARY SYS'I'I':~I IMPACI' I:F. ES, PAR. KS AND RECREAI'IONAI, FACIIATIES IMPACT FEES, ROAD IMPACT FEES, WATER IMPACT FEES. SEWER FIMPACT FEES, EMERGENCY MEDICAl, SERVICES IMPACT FEES, AND EDUCATIONAl, FACILITIES SYSTEM IMPACT FEES FOR 101 OFTllE 168 UNITS FOR ARBOR VIEW APARTMENTS, AN AFFORDABLE RENTAL itOUSiNG PROJECT, AND SUBORDINATION OF I.IEN. WItEREAS, ('oilier (.'oullly II;Is recognized :md ;,ttcmptcd to address thc htck of adequate and affordable housing Ibr moderate, Iow. and very Iow income households in ('oilier County and thc need for creative and innovative wogran~s Io assist in thc provision of such housing by including scvcnfi provisions in thc Collier ('otlllly Growth Management Plan. including: objective 1.4. policy 1.4.1. o[~jecfive 1.5, policy 1.5.2. policy 1.5.3. policy 1.5.4, policy 1.5.5. policy 1.5.6: ob. iocl 1.(,. policy 1.6.3: objcclixc 2.1. policy 2.1.I. policy 2.1.2. policy 2. t.3. policy 2.1.5. and policy 2.1.6 of thc llt)using Element: and WllEREAS, Arbor View, Lid. will 'm~dertake tho development of Arbor View Apartments, a one htmdrcd sixty eight (168) unit aflbrd;fl~lc rental housing commtmity on a site located in Collier County, Florida. of which Arbor View, Ltd. is owner; and WIIEREAS. on March 17. 1998. an applic;~fion was filed w/th thc I{ousing and Urban Improvement l)qaartmcnt {i~r Ibc tlcl~.rral of Collier County impact l~es for 101 of the 168 units of the Arbor View Aparlmcnls consistent with thc requirements of the Counly impact fee ordinances: and WIIEREAS. in ilccot'datlcc with Section 3.~ of Ihe l.ibra~ System Impact Fee Ordinance, Ordinance No. S8-97. as mncndcd: Section 4.05 of thc Parks and Recreational Facilities Impact Fee ()rdillancc. Ordinance No. SS-%. as amended: gcction 3.04 oF thc Road Impact Fcc Ordinance. Ordinm~ce No. 92-22, as amended; Collier County Ordinance No. 90-86, as amended, thc Collier County Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87. as amended, the Collier ~ounty Sewer System hnpact Fee Ordinance: Section 3.05 of the Emergency Mcdical Semites System Impact Fee Ordinance," Ordinance No. 91-71, as amended; and Section 3.05 of thc Educational Facilities System Impact Fcc Ordinance, Ordinance No. 92-33. as mncnded, ;m al~ptic:mt may obtain a deferral oF one hundrcd percent (100%) of impnct fL'cs Ihr a pcriml el'six (6))'cm's hy qu;Jli I~in~ Ibr said clcrcmd: and Wl l EItI'LA~. Arhor View Ap;u'mtcnts Ires qualillcd For an impact fcc deferral based upon thc following rcprcscl;t:ui,m~ Hmdc hv Arlmr Vic~. lad.: A. Thc Dwelling Unit shall be the permanent residence of thc occupant/tcnam. B. Thc houschokl rcnling II~c Dwelling t;nit musI have a vc~ Iow or Iow income level, al thc Ct~HI~BCHCC~llC;~I of lbo leasehold and duration thereof, as tidal term is defined in thc Appcmliccs lo Ibc rcspcclivc Imtx~ci Fcc ()rdinanccs and thc monthly rent must within thc aflhrdnhlc llouSh~g guidelines csIahlishcd in thc Appendices lo lhe respective Impact Fcc Ordhmnccs. ('. Thc I)~vclling I lnil shall rcnmin affiqd;d, lc Ibr at least fifteen (15) years From thc date thc ccrli ficatc nf ~*ccupancy is issued. 1. Thc Itoard ol'( 'Ottllly ('ommissioncrs hcrcbk ,mthm i/cd Iht dct~rral by Collier County of the Following imp:icl I~'cs in thc anlounls listed hdow lbr thc one hundred and one (1011 of thc one hundred sixty eight (1(~8) aflbrdablc housing mills Io bo developed by Arhor View, Lid as identified h~ I~xhibhs "..k" aml I.ihrurv .%yslcnl Inlp:lcl Fccs b) Road hl~pacl I:ccs c) Parks & Rccrculion hnpacl Fccs ('OIIIIIILIIliIV Parks 399.00 Rcgio::;:l l",lm'ks 179.00 ti} I{incrgcncy Services hnlmCt Foes 2.01t c) ~cwcr Imlx~Ct I"ccs l) Wider ]mlmCI I.'ccs g) Scho,,I Imlx~Cl I:ccs I'OTAI, I,MI'A( 'T I.'l;I.:N I)I.',FI.:IIIII.:I) S4,762.52 I.): cl {,!lli{ 101 L!nil~ q IXl).52 $ IR ~l~q~ ~135.(111 94.435.0(I 4¢).299.00 I 2t)2.0(t 1 83,527.0~ $481.0 ! 4.52 2. A) In compli;mcc wilh thc pl'ovi:don of Ill~' ('oilier ('OUIIIV impact fcc ordinances, Arbor View. l.ld. has dctmmstr:Hcd to thc ('OtlllJV th:t! ;t suham'diimlion o['thc ('OUIIIV'S rights, interests and licn is necessary lo ol,min lhmncing lbr thc ,.M'lmr View Apartments, an aflbrdablc housing project consisling ol'onc humh'cd sixty eight (1(~8) multi-flintily dwelling units; and 16A 1' B) In compliancc with thc provisions of thc impact fcc ordinances, thc Owner will dclivcr to thc County subslitutc collateral in ibc form of cash and a cash equivalent financial instrt.ncnt payable (o thc Co.nty which together will yickl lo Ibc Courtly thc rull amount of Ibc tlcfc~ctl inlpact fees, i,e., thc stun ol' Four tlurldrcd l':igbty One Thousand and Fotmccn Dollars and 52/100 (S481,014.52) at thc expiration or thc period off thc dcFcmfl. November 15.2OO4, i.c,. a Unitcd Stales Trcasu~ Zero Coupon Bond which will mature at thc end oFlhe dcfc~al period, November 15. 2004. anti. upon maturity, would yield an amotmt cquat to Ibc amount of thc deferred t~cs. County covenants and agrees Ihal it will not negotiate Ihu bond unless and until IbC dcEcrrcd impacl I~us hccomc duc and payable pursuant to Ihc terms of the Agreement for Dcfcmfl of Collier County hnpact Fees and that all moneys rcccivcd by negotiation of thc bond shall be applied to thc payment oFsaid dcfe~cd impact Fcc obligation owing by Arbor Vim~ l.ld. C) Thc County hereby covenants and consents and agrees lhat its rights, inturcsts and lien pursuant lo thc Agreement shall be subordinalcd to thc lien of thc Morlgagc and Security Agreement ("Moflg~gc*') and other documents cxcculcd by Owner in co.sidcration therewith from Arbor View. Ltd, to WRIt Moflgage, Inc. or Midk,~d Mortgage Coax, or other prima~ lender in the principal amount or up lo Eleven Million Dollars (S11,000.0(}O) plus accrued inlcrcst and all advances authorized under Ibc provisions of such mortgagcs. Thc County will execute such subordination agreements as may be reasonably rcquircd by said mortgagees. Deferral of sltJd impact fccs is subject to and conlingcnl upon execution zmd recordation of an Agrccmcnl I~r Deferral of C'ollicr County Impact Fees which shall bc entered into between lhc applicant and Counly. This Resolution adopted after motion, second and mtoority vole fiworing same. ATTEST: Dwight E. Brock, Clerk ~/-.;'~",,~'~"~-.-~.r__.-~ ,",.,.55 .r,r:--._~--'"--' "r/4 Approved as to Form :md legal sufficiency: ,',. a('./ ' Heidi F. Ashton Assistant County Altomcy BOARD OF COUNTY COMMISSIONERS COLLIER COUN'FY, FI.ORI DA EXttlBIT "A' ARBOR VIEW APARTMENTS- LEGAL DESCRIPTION The North 300 feet on the North V: of tile North V, of the Southwest ¼ of tile Northeast ¼ of Section 10, Township 48 South, Range 25 East, Collier Count)', Florida, lying west of the Tamiami Trail (State Road no. 45) and also the South 1/2 of the North V, of the Northeast ¼ lying west of Old U. S. 41, Section I0, Township 48 South, Rnnge 25 East, Collier Count),, Florida. '.1 EXHIBIT "B" A~EA UNPLATTED / / / / / POLE HEIC~4T: 55' / / / / 0 i00 ~ $¢^1..~ IN FF.~ mn: 2315787 OR: 2416 PG: 3190 INTBROFHC~ 4T~ AGREEMENT FOR 100% DEFERRAl, OF COLI.,IER COUNTY IMPACT FEES This A,grccn'~cnt for thc Dcfcrral of h,,pact Fccs cntcrcd inlo this 1998, by and bet;vccn thc Board of County Commissioners of Collicr ~4~b,. Florid,'). hereinafter referred to as "COUNTY" and Arbor Vic;',,, Ltd.. hereinafter referred to as "OWNER". WIIEREAS, Collier County Ordinance No. 88-97, as amended, thc Collier County Library Syste~n Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities In]pact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, thc ('oilier County Emergency Medical Services Svstc~n Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier Coumv Road Impact Fcc Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier County Water System hnpact Fee Ordinance; Collier county Ordinance No. 90-87, as amended, the Collmr county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amcmlcd, thc Collier County li(lucational Facilities System Impact Fcc Ordinance, as they may be fimhcr amended From time to time hercinnfler collectively referred to as "Impact Fee Ordinance", provide lbr delb~als of impact l~cs lbr new owner-occupied dwelling units qualifying as at%rdable housing; and WIIEREAS, Arbor View, Inc. is Iht duly aulhorizcd General Partner wilh Charles.I. Erdma,, .Ir. as President; and %VIIEREAS, Arbor View, I,Id. has apl~licd Ibr a cloistral of impacl Ii'cs as required by thc Impact Fee Ordinance, a copy of said application is on file in thc Housing and k~rban Improvement Depamnent; and WHEREAS, thc County Administrator or his designee has reviewed the OWNER's application and has tbund that it complies with thc requirements tbr an aflbrdablc housing (tcfc~al of impact fccs as established in the Impact Fee Ordinance; and OR: 2416 PG: 3191 WIIEREAS, the impact fee deferral shall be presented in lieu of payment of tile requisite impact fees subject to satisfaction of ali criteria in the lnlpact Fcc Ordinance quali~'ing the project as eligible for an impact Fee deferral; and WHEREAS, the COUNTY approved a deferral of impact Fees in thc amoun! of Four Hundcd Eighty One Thousand and Fourtccn Dollars and 52/100 ($481,014.52) For six ycars l¥om date of ccrlificatc of occupancy for Arbor View Aparlmcnts cnlbodicd in Rcsolution No. 95- ~, at its regular meeting of and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with tile COUNTY. NOW, THEREFORE, in consideration of tile foregoing recitals, the parlics covenant and agree as follows: 1. RECITAI,S INCORPORATED. Tile foregoing recitals arc 'true and correct and shall bc incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description ofth¢ dxvelling units (the"Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. SITE PI,AN. Thc site plan ofthe dw¢lling units (tlle"Dwclling Unit") is attached bcrctoas Exhibit "B". 4. TERM. OWNER agrees that thc Dwelling Unit shall remain afibrdablc and shall be offered for rent in accordance with the standards set forth in the appcndix to thc Impact Fee Ordinance for a ininimum of ti f teen (15) years commencing from tile datc a certificate occupancy is issued for thc Dwelling Unit. 5. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'anI'; thc following: a) Tile Dwelling Unit shall be the pcmmncnt residence of the occupant/tenant. b) Tile household renting thc Dwelling Unit must have a very Iow or Iow income level, at tile conmmnccmcnt of thc leasehold and duration thereof, as that term is defined in tile Appendices to thc respective hnpact Fee Ordinances and the monthly rent must be within 2 7 OR: 2416 PG: 3192 thc affordable housing guidelines established in the Appendices to the respective hnpact Fee Ordinances. The Dwelling Unit shall remain affordablc for at least fifteen (15) .,,'ears from the date thc certificate of occupancy was issued. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents thc Dwelling Unit subject to thc impact fee deferral to a subsequent renter, thc Dwelling Unit shall be rented only to households meeting tile criteria set forth in the Impact Fcc Ordinance. The impact fees deferred shall be immediately repaid to thc COUNTY upon tile discontinuance of use of the Dwelling Unit as affordable housing, or six years from thc date such impact fees are deferred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY. the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (I 5) years from thc date Ibc certificate of occupancy was issued for tile Dwelling Unit. I,IEN. The deferred impact Fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance xvith thc requirements of this Agreement. The COUNTY acknowledges and agrees that: (a) In compliance with tile provision of the Collier County Impact Fee Ordinances. OWNER has demonstrated to the COUNTY that a subordination of the County's rights, interests and lien is necessary to obtain financing for Arbor View Apartments, an affordable housing project consisting of one hundred sixty eight (1(38) units; and (b) In compliance with tile provisions of thc Impact Fcc Ordinances, tile OWNER will deliver to tile COUNTY substitute collateral in the form of cash and a cash equivalent financial instrument payable to the County which together will yield to thc COUNTY the full amount of the deferred impact fees, i.e.', the suni of Four Hundred Eighty One Thousand and Fourteen Dollars and 52/100 (5;481,014.52) at thc expiration oftbcperiodofthedcfcrraI, November 15, 2004, i.e., a United 3 OR: 2416 PG: 3193 States Treasury Zero Coupon Bond which ,,rill mature at the end of the deferral period, November 15, 2004 and. upon maturity, would yield an amount equal ~o the amoun! of thc deferred fees. COIJNTY covenants and agrees that it will nc, t negotiate thc bond unless and until thc deferred impact fees become due and payable pursuant to this agreement and that all moncys rcceivcd by negotiation of thc bond shall be applied to the payment of said deferred impact fee obligation owing by Arbor View, Ltd. (c) Thc County hereby covenants and consents and agrees that its rights, interests and lien pursuant to this agreement shall be subordinatcd to the lien of thc Mortgage and Security Agreement ("Mortgage") and other documents executed by OWNER in consideration therewith from Arbor View, Ltd. to WRH Mortgage, Inc. or Midland Mortgage Corp., or other primary lender in thc principal amount of up to Elcvcn Million Dollars ($11,000,000), plt.s accrued interest and all advances authorized under thc provisions of' such mortgages. '¥hc COUN'¥Y will execute such subordination agreements as may be reasonably required by said mortgages. ANNUAI~REPORT. Annually, thc OWNER ofthe Dw¢lling Unit shall providc to thc County Administrator an affidavit of compliance with thc af£ordablc housing qualification critcria and standards set forlh in thc Impact Fee Ordinance. Said affidavit must be filed within thirty (30) days of thc anniversary date of thc issuance of thc ccrtificatc of occupancy. If the income o£ any unit r'cnter which originally qualified as low income level as defined in thc respective Appendix to thc Impact Fcc Ordinance increases by more than forty percent (40%) abovc thc low income level described in thc appendix, then thc per unit deferred impact fcc on thc non-compliance unit shall become immediately duc and payable by OWNER or, in thc alternative, thc OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in thc respective Appendices. 1 4 OR: 24!6 PG: 3194 9. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements, and upon payment of the deferred impact fees, thc COUNTY shall, at thc expense of thc COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 10. BINDING EFFECT. This Agreement shall bc binding upon thc parlics to this Agreement, their heirs, successors and assigns. In thc case of sale or transfer by' gift of thc Dwelling Unit, the original OWNER shall remain liable for thc impact Ices deferred until said impact fccs are paid in full. I I. RECORI)ING. This Agreement shall bc recorded by OWNt!R at thc CXl')CnSC of OWNER it] thc Official Records of Collier County, Florida within sixty (00) days after execution of this Agreement by thc Chairman of thc Board of County Commissioners. 12. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to rcnt thc property in accordance with thc affordable housing standards and qualification r c['itcria established in thc Impact Fcc Ordinance and thcrcaftcr fails to pay thc impact Ices duc within thirty (30) days of notice of said non-compliance, or (2) where OWNER violates one o['thc affordable housing qualification criteria in lhc Impact Fcc Ordinance ['or a period of fifteen (15) days after notice of violation. Howcvcn with respect to thc Annual Report, OWNER shall no! be in default of this Agreement until a fit't¢¢n (I 5) day grace period from thc duc dale of the report has lapsed in thc event thc OWNER is in d¢l:ault. 13. REMEDIES. Should thc OWNER of thc property fail to comply with thc said qualification criteria at any time during thc fifteen (15) year period or should OWNER violate any provisions of this Agreement, thc impact Fees deferred shall be paid in fi~ll by OWNER within thirty (30) (lays of said non-compliancc. OWNER agrees that thc impact fees dc£crrcd shall constitute a lien on thc property commencing on thc c['fcctivc date of this agreement and continuing until paid. Except as set forth in Section 6, such lien shall be superior and paramount to thc interest in thc Dwelling Uni! of any owner, lessee, OR: 2416 PG: 3195 tenant, mortgages, or other person except thc lien for County taxes and shall bc on parity with Iht lien of any such Coullty taxes. Should thc OWNER bc in default of this Agreement and the default is not cured wilhin thirty (30) days agcr written notice to thc OWNER, the Board may bring a civil action to enforce thc Agreement. In addition, thc lien may be foreclosed or othcnvisc enforced hy thc COUNTY hv action or suit in cquily as for thc lbrcclosurc of a mortgage on real property. This remedy is cun~ulativc with any other right or remedy available to lhe COUNTY. Notwithstanding thc lbrcgoing, thc COLIN'FY shall realize upon thc collateral given to it by OWNER as described in Section 6c prior to exercising any rights to recover against propcay. Thc Board shall be cmitlcd to recover all fees and costs, including attorney's fees, plus interest at lhc statutory rate for judgments calculated on a calendar day hasis until paid. IN WITNESS WHEREOF, the paflies have executed this Agreement for deferral of Impact Fccs on thc date anti year first above writlcn. (2) Witnesses: OWNER: ARBOR VIEW, I,TD.. gy: ARBOR VI[:~W, INC, ils Gcncral Partner Ch;arles J. Erdn~an, ,Ir. Prcsidcnt DATED: ~5-~' ~:~' ATTEST: DWIGHT E. BROCK, Clerk ,f (CORPORATE SEAl.) COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA OR: 2416 PG: 3196 Approved as to fom~ and legal sufficiency Heidi F. Asl{ton Assistant County Attorney STATE OF FLORIDA COUNTY OF _j_~a The foregoing instrument was acknowledged before me this,'~ [ cia3, of 1998 by Charles J. Erdman, Jr., Prcsidcnt of Arbor View, Inc., Gcncral Partner of Arbor View. Ltd. He i~~ kno~m or has produced ide~ fication~ m ~ ~ EXPIRES MAY 14, 1~ (type of Name of Acknowledger Typed, Printed or Stamped jd/gnff£/arborvicw/ag~ec 7 OR: 2416 PG: 3197 E X ! 1 ! B IT "A" ARBOR VIEW AI'ARTMENTS - LEGAI~ l) I'~SC RI PTION The North 300 feet on the North V: of the North V: of the Southwest 'A of the Northeast ~¼ of Section 10, Township 48 South, I~,ange 25 East, Collier County, Florida, lying west of tile Tami;~mi Trail (State Road no. 45) and also the Sou(h I/2 of the North 'A of the Northeast ~¼ lying west of Old U. S. 41, Section I0, Township 48 South, Range 25 East, Collier County, l,'lorida. *** OR: 2416 PG: 3198 *** EXIIlBIT "g" UNPLATTED / / ! / POLE HEIGHT: 55' ARBOR VIEW ,, / ! / ! S~AU~ IN FELT ('()NSTRUCTI()N AND MAINTENANCF. AGRF. EMF. NT F()R SUBI)IVISI()N IMI~R()VF. MI.:.NTS PIU()R 'FO RECORDING OF PI,AT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this 5th day of February. 199:4. bv between Worthington Communittcs of Naples, hereinafter referred to as 'Developer'. and thc Board of ~ounty Co'mmigioncrs of Collier Count,,'. Florida. hereinafter referred to as thc "Board" R~ Cl'rzYLS I l)cvclol'x:r has. smmltaneouslv ,a'ilh thc delivery of this Agrecmcnt. applicd for Ibc approval ~' linc Board of a ccrl;,n plat oF a subdivision to be known as Vandcrbilt Pines. Phase I 2. I)ivision 3.2 or thc Collier County l,and I)evelopmcnt (,ode allows the l)cvclopcr lo construct the improvements rcquircd ~, said sulxJivision regulations prior to recording Ihc riga] plat. NOW. THEREFORE. in consideration of thc foregoing premises and mutual covenants hereinafter ~t forlh. Dcvclopcr and Ibc Board do hcrc~, covcnanl and aBree as follows: I. Dcvclopcr will cause 1o be conslruclcd: Roadway. Drainage and Utililics Improvements for thc firs~ phase of residential conslr-uction and Ihc golf course facililics within 12 months from thc date of approxal of.~tid st~bdivisio/~ plat. said improvements hereinafter referred to as thc required improvements 2. D,,:vclopcr hcrcxvith agrees lo construct ~id m~pro','emcnts prior to recording .~tid subdivision plat and the Board of ('ountv Comnrissioncrs shall not approve the pi:ti for recording until said improvements hax c been completed. 3. Upon completion of ~id improvements, the Developer shall tender ils sulx:livision perform:race .w. curity in Ihe amount of S)..'~.!~..~_'L.'L._k_.___'~.:. ........ which represents ten pcrccnl (10%~ of thc total conlract c:~sl to complele construction Upon receipt of said subdivision performance security by Ihe Development Serx'iccs Dircclor. thc Developer ma)' request thc Board of Counly Commissioncrs to approve the sut~ivision plat for recording and gram preliminary approval of .said plat. 4. Thc reqttircd Jmprovcmcnts shall nol Ix: considered complete unlil a stalcmcn! of substanl~a] complelion bv l)cvelopcr's engineer along wilh thc final project records have been furnished to bc rcvicwed and approved by thc I)cvclopmcnt Scrvices Director for compliance with thc Collicr County [,and Dcvclopmcnt Code. 5, Thc Dcvclopmcnt Services Dircclor shall, wilhin fifteen (15) days of rcceil:~ of thc state of substantial complelion, either: a) notify thc Developer in writing of his prcliminar)., approval of thc improvcmcnts: or b) notify thc Developer in writing of Iris refu.~fl to approve the improvements. Ihcrewith spceifying tho~ conditions which the Developer must fulfill in order to obtain thc Direclor's approval of thc improvements, ttowcvcr, in no event shall Iht Development Services Director rcfu~ preliminary approval of the improvements if thc)' arc in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. 'Fire Dcx:clopcr shall maintain all required improvcmcnts for a minimum lc, cried of one )'car after preliminary, approval by thc Dcwclopmcnl Services Director. Aflcr thc one year maintenance period tO.' thc DevcloF, cr has terminated, thc l)evclopcr shall petition thc Development Services Director to respect thc required improvements. Thc Development Services Director or his designee shall inspect the improvements and, if found to be still m compliance with the Collier Cotmtv Land Development Code as reflected ~' final approval bv thc Board. thc Board shall release thc ten percent (10%) subdivision performance sc'curity. Thc Developer's responsibility for maintenance of Ibc required improvements shall continue ttnlcss or until thc Board accepts maintenance responsibility for thc County. 7. In thc event thc Dcvclopcr shall fail or ncglcct to fulfill its obligations under [his Agreement. upon certification of such failure, thc Count)' Administrator may call upon thc subdivision pcrformancc security to secure satisfactory completion, repair and maintenance of thc required improvements. Thc Board shall have thc right to construct and maintain, or cause lo be constructcd and maintaincd, pursuant lo public advertisement and rcccipt of acceptance of bids. thc improvcmcnts required herein. Thc Developer, as principal under thc subdivision performance security, shall bc liable to pay and to indemnify Ibc Board, upon completion of such construction thc final total cost to thc Board thcrcof, including, but no{ limi[~l to, engineering. Icgal and contingcnt costs, together with any chmagcs, wither direct or consequential, which thc Board may sustain on account of thc failurc of thc Developer to fulfill all of thc provisions of this Agreement. 8. All of thc lcrms, covcnanls and conditions hcrcin containcd :irc and shall be binding upon thc IX~'clopcr and respective successors and assigns of thc l)cvclopcr. IN WITNESS WHEREOF. thc Board and the Devclo~r have caused this Agrcemcnt to be executed by. their duly authorized reprc~ntalivcs this 5th da)' of February, 1998. Signed, sealed and delivered thc presence of: Developer Printed Name and Title A'Iq"EST: DWIGI IT E. BROCK, CLERK .......... k ,. ..... Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA David C Wcigcl Counly AIIorncv 16A 5 Date: To: From: Re: May 6, 1998 Shirley Nix, Engineer Tech II Engineering Review Ellie Hoffman, Deputy Clerk Minutes & Records Department Assignment Agreements for Easements for Pelican Marsh, Unit 13 and Unit 15 Enclosed as requested, please find one original of each document as referenced above, Agenda Items #16A5 and #16A6, approved by the Board of County Commissioners on May 4, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosures ASSIGNq~ENT AGREEMENT .THIS ASSIgnmENT AGREEMENT made and entered into this -~ day of ~-/~/~.~f~-- , 1998, by and between the PELICAN MARSH COMMUNITY DEVELq~ENT 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 and is also the assignee under that certain Assignment of Reservation and Dedication of .Utility Facilities both herein referred to collectively as "Utility Easement', concerning certain water and sewer facilities and irrigation distribution 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 Composite 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 th~ 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. Pcll~larsh', UIJIity~.Unil. 13LA ~sil~n |020 16A 5 2) Governing L~W. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Mod~f~catioD; Additional Assurances. 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) Bindinq 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 Sec~'e'egry STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT ~ /~hsnc~irPmiaSnt°r 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~~j day of~'~ , 1997. ~ota~ Publiq u .~ Prin~ Name:~DOhOL &qn~ ~6J~ My Commission ~xpires~ P¢lM~r,h\Utility\ Unit. 13kA,,igu 1.020 :2 Approved as to from and legal sufficiency A~sistant County Attorney ASSIGNEE: 16A BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER... COUNTY AND AS EX-OF.F.I.C~iQ..T. HE. GOVERNING BOARD OF...'.'THE .coL~L/'ER COUNTY WATER-SEWER. D~STRICT ,., .:' · ~?:..~'.,. i.'_. :~.-:. Chairman , .. '.::. . ~.. ';;. '..., , ~ . .',2 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. B.. 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 ~l~_/%d and official seal in the County and State last aforesaid this ..~/d day of /]~, 199~. (Notarial Seal) ~~~_~ 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 Pr..IMana~, Util/~ \ Unlt. 13~ ui~! .020 3 UTILITY EASEMENT 'IHIS EASEMENT, granted this .~ day of -[~_0~, 1997, by WCI COMMUNITIF~S LINflTED PARTNERSHIP, a Delaware limited partnership, whose address is 24301 Walden Center Drive, Bonita Springs, Florida as Grantor, to the PELICAN MARSH CONfMUN1TY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, its successors and assigns, whose address is c/o Anthony p. Pires, Jr., F. squire, 801 Laurel Oak Drive, Suite 640, Napl~, Florida 34108, as Grantt~... WiTNF~S~: That the Grantor for and in consideration of the sum of ten dollaJs ($I0.00) and other valuable consideration paid by the Grantee, receipt 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 water and sewer utility facilities and all irrigation distribution lines in, on, over and under the following described lams being located in Collier County, Flor/da, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer/HOA agrees for itself, its successors and assign.s, that it will be restxmsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantor within the easement area, to wit: , See attached Exhibit 'A' which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the water and sewer utility facilities and all irrigation distribution lines thereon. Grantor and Grantee am used for singular or plural, as the context requires, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WCI COMMUNITIES LIMITED PARTNERSHIP, By: , ~..,,~efiior Vice President K:legal~ fo rm,~\form7 m 13 Exhibit A 16A 5 STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Jerry H. Schmoyt:r, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the parmership. He is personally known to me. WITNESS my hand and official seal this _~t2 day of ['~0~..'~1~_.~ , 1997. Notary Pu-blic "- \ Laurel Y. Sitterly My Commission Expires: Prepared by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 Water and sewer utility facilities and all irrigation distribution lines lying within Tract "R", Pelican Marsh Unit Thirteen, according to the plat thereof recorded in Plat Book 27, Pages 49 and 50, of the Public Records of Collier County, Florida. EXHIBIT "A" Th. is instrument prepared by: Vivien N. Has~ings, Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 ASSIG_NM-ENT OF RESERVATION AND DEDICATION OF LrFILITY FACILITIES THIS INDENTURE made this J-L__ day of November, 1997, between WCI Communities Limited Partnership, a Delaware limited partnership, (hereinafter referred to as "Owner") and PeLican Marsh Community Development District (hereinafter referred to as "District"). WITNESSETFI: Owner, in consideration of ONE ($I.00) DOLLAR. and other good and valuable consideration to it paid by the District, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors and assigns, for the purpose of providing water and sewer utility facilities and irrigation distribution lines, all fights and privileges that Owner has or may have under the laws of the State of Florida, or otherwise, and all right, title and interest of Owner in, to, and under the reservation and dedication of all roads identified as Tract "IR." '~"a ...... ...... , ~ w ggie way) as to water and sewer utility facilities and all irrigation aistnoution lines ( Utility Facilities") ~th the responsibility for maintenance thereof identified and set forth on the plat for Pelican Marsh Unit Thirteen, recorded in Plat Book 27, Pages 49 and 50, of the Public Records of ColLier County, Florida (the "Reservation"). TO HAVE AND TO HOLD said Reservation and Dedication unto the District, its legal representatives, successors, and assigns to and for its or their uses forever with the right of substitution and subrogation of the District in and to ~ covenants and warranties heretofore given or made in respect of said Reservation and Dedication or any part thereof~ to the extent said covenants and warranties are assignable or can be enforced, at the District's expense, for the District's benefit. Owner does for itself and its legal representatives, successors, and assigns, covenant to and with the District, its legal representatives, successors, and assigns, that it is the lawful Owner of the Reservation and Dedication; that the Reservation and Dedication as to the Utility Facilities is free from ail encumbrances except as specified herein; that it has good right to assign the Reservation and Dedication as to the Utility Facilities, and that it will warrant and defend the assignment of the Reservation and Dedication as to the Utility Facilities, unto the District, its legal representatives, successors, and assigns, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, Owner has caused this instrument to be executed by its duly authorized agent, and its corporate seal affixed hereto. Signed, sealed and delivered in our presence. Print Name: WCI COMMUNITIES LI~flTED PARTNERSHIP, a Delaware limited parmership BY:~er {,~'/~l~r Vice President 5 STATE OF FLORIDA COUNTY OF LEE I HEREBY CERTIFY th,ut on this day before me, an officer duly qualified to take acknowledgment, personally appeared Jerry H. Schmoyer, as Senior Vice President of WCI Conununiti~ Limited Partnership, a Delaware limited partnership on behalf of the partnership. He is personally known to me. WITNESS my hand and official seal in the County re'id State last aforesaid this _/[ day of November, 1997. NOTARY PUBLIff k - - - ~ Printe2 Name /' - My Commission Expires: Date: To: From: Re: May 6, 1998 Shirley Nix, Engineer Tech II Engineering Review Ellie Hoffman, Deputy Clerk Minutes & Records Department Assignment Agreements for Easements for Pelican Unit 13 and Unit 15 Marsh, Enclosed as requested, please find one original c,f each document as referenced above, Agenda Items #16A5 and #t6A6, approved by the Board of County Commissioners on May 4, 1998. If you should have any questions please contact me at: (8406). , Thank you. Enclosures A_~S~IGNMENT AGR E EMEN_____~T ~j~_~ THIS ASSIGNMENT AGREEMENT made and entered ' ' day of _~z~~-'' ~o ..... into this C ~ , ~o~. Dy aha De,wee OMMUNITY DEVELOP~NT nr~ ..... n the PELICAN MuIRSH ~. ~o~r, a po±itical,,subdivis~on 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 L' ' (f/k/a WCN Communities ....... lmlted Partnershi ~£ -apies, Inc.) to Assignor and is also th~ assignee under that certain Assignment of Reservation and Dedication of Utility Faciliti~,s, both herein referred to collectively a~ "Utility Easement concerning certain water and sewer facilities and irrigation distribution ' - th~.real property referenc ~ ~, --: ........ ljnes located within said Utility Ease~ ~_~" ?~u. u~l~lty ~asement, a co of _ ..~ .'"~',~ ~=~n~ an~acnea hereto and made a part h~eof as composite 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 WCl Communities Limited Partnership (f/k/a WCN CommunJ. ties 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 cf 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 Doll. ars ($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. 6 2) Governinq Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification: Additional ~ssu~ance:~. 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) Bindi~q Effec~tt. 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. Attest: A~sista,~ ~ecret~ry ASSIGNOR: PELICAN MARSH DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF COLLIER COMMUNITY . /' J~hn A. Pistor ~/ ~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 Communi. ty Development District. He is personally known to me. WITNESS my hand and official seal this day of , 1997 . ~6-tar~ PubLic . . My Commission Expires: Pc IM.r~h\Udliry\Unil. I 5~A ~.ig. 1.020 6 Approved as to from and legal sufficiency/ Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER ASSIGNEE: BOARD OF COUNTY COMMISSIONERS· OF COLLIER COUNTY,. FLORIDA A~<L· THE GOVERNING BOQ¥ OF COLLIER '%- COUNTY AND AS E~'~OFFICIO THE GOVERNING BOARD~OF THE COLLIE~~ :' COUNTY WATER-SE~ER DISTRICT .., BY: -'i:~ ';' Chairman " 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 B. 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 h_~a~_qd and official seal in the County and State last aforesaid this~_~ day of ./~r~/ , 199~ ~ (Notarial Seal) / ~~ Notary P~blic' 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 ?~tM~r,h\U~Jir~\U~it ! ~%A.~] .020 3 Print Name: My Commission Expires: 16A 6 Water and sewer utility facilities and all irrigation distribution lines lying within Tracts "R", "RI" and "R2", Pelican Mar~h Unit Fifteen, according to the plat thereof recorded in Plat Book 28, Pages $I and 52, of the Public Records of Collier County, Florida. EXHIBIT "A" Z6A UTILITY EASEMENT TttIS EASEMENT, granted this _~__ day of -0-~, 1997. by WCI COMMUNITIES LIMITED PARTNERSItIP, 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, receipt 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 water and sewer utility facilities and all 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 landscaping installed by the Grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the 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 WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Vice President K :legal\forms\form 7-u I 5 Exhibit I(:,A 8 STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Jerry H. Schmoyer, Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the partnership. He is personally known to me. WITNESS my hand and official seal this ._~ day of ~_~ _~j~. , 1997. Notary 15u:blic - Laurel Y. Sitterly My Commission Expires: EXPIRES: January 23.19<38 l:h~"p a.r~ by: Vivien N. Hastings, Esquire 24301 Walden Center Drive Bonita Springs, FL 34134 Water and sewer utility facilities and all irrigation distribution lines lying within Tracts "R", "RI" and "R2", Pelican Marsh Unit Fifteen, according to the plat thereof recorded in Plat Book 28, Pages 51 and 52, of the Public Records of Collier County, Florida. EXHIBIT "A" 6 16A 6 This instrurncnt prepared by: Vivicn N, Hastings, Esq. 2430] Waldcn Ccnlcr Drive Bonita Springs, FL 34134 .A. $SIGNMENT OF RESERVATION AND DEDICATION OF UTILITY FACFIJTIE,C; THIS INDENTURE made this ...iL_ day of November, 1997, between WCI Communities Limited Pannership, a Delaware limited partnership, (hereinafter referred to as "Owner") and Pelican Marsh Community Development District (hereinafter referred to as "District"). WITNESSETH: Owner, in consideration of ONE ($1,00) DOLLAR and other good and valuable consideration to it paid by the District, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors and assigns, for the purpose of providing water and sewer utility facilities and irrigation distribution lines, all rights and privileges that Owner has or may have under the laws of the State of Florida, or otherwise, and all fight, title and interest of Owner irt, to, and under the reservation and dedication of all roads identified as Tract "R", "R-I" and "R-2" as to water and sewer utility facilities and all irrigation distribmion lines CUtility Facilities") ~Ath the responsibility for maintenance thereof identified and set tbrth on the plat for Pelican Marsh Unit Fifteen, recorded in Plat Book 28, Pages 51 and 52, of the Public Records of Collier County, Florida (the "Reservation"). TO HAVE AND TO HOLD said Reservation and Dedication unto the District, its legal representatives, successors, and assigns to and for its or their uses forever with the right of substitmion and subrogation of' the District in and to all covenants and warranties heretofore given or made in respect of said Reservation and Dedication or any part thereof, to the extent said covenants and warranties are assignable or can be em%reed, at the District's expense, for the District's benefit. Owner does for itself and its legal representatives, successors, and assigns, covenant to and w/th the District, its legal representatives, successors, and assigns, that it is the lavffxd Owner of the Reservation and Dedication; that the Reservation and Dedication as to the Utility Facilities is free from alt encumbrances except as specified herein; that it has good right to assign the Reservation and Dedication as to the Utility Facilities, and that it will warrant and defend the assignment of the Reservation and Dedication as to the Utility Facilities, unto the District, its legal representatives, successors, and assigns, against the lawful claims and demands &all persons whomsoever. 1N WITNESS WHEREOF, Owner has caused this instrument to be executed by its duly authorized agent, and its corporate seal affixed hereto. Signed, sealed and delivered in our presence Print Name: ~_~l../:>/,Cd.,4 _/d~./l~f,~ WCI COMMUNITI -ES LIMITED PARTNERSttlP, a Delaware limited partnership S~oe~'¢c~°Yer r Vice President Exhibit 16A 6 STATE OF FLORIDA COUNTY OF LEE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgn-tents, personally appeared Jerry H. Schmoyer, as Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership on behalf of the partnersNp. He is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this ].~ day of November, 1997. My Commission Expires: CIIAN(;E ()l.ll)Ell No, I TO ~V()RK ()Ill)ER ti ~8..~_1 Agreemenl for Fixed Term Professional Engineerinl~ Services Dated Seplember 26, 1995 (Conlract t195-24221 161t rhl*~ ('h;ingc Order i~ I'~r ['~fol'c~;~lOl'~:lt ¢llgHle~.'rlllg services For work 'Iht' ~,rk f~ ~l~t't'fllt'(I Ill Iht' pr~,p*]~;IJ (I;flt',l N~j~7 lggg. which II~;idt' ;I j~;lll ~,l IJll~ Wolk ()~tJt't. ill JlCk'IIt(J~IICL' ~uilh Iht' A~ret'mcnl ~cfercnccd aho~t,, Work ()rder ~ ('I)M-F'I'-g~ is ~ I' Work' Ta~k J · I'o,H-()d~ Hcruhhcr ,";',.'h,.'(h~l~. of V,'olk ('(~mplefL' '~','~rk ',',~lhln ..1_.~__ day,, from i~.,¢elpl of Ibc NolJt'e Io I'rf~cecd ;IllJJTOll/lfl~ ~,t~lrl o1' v, ork (lrLulnal ",V*~rk ()rdcr $23,I,qO I.unlp ('h311gL' t)rdcr N~l, I 2~.2.O I,ump Sum 'I~)IAI I'EI~ Z ,"h~,%l'~l~llll ('lJl;lll)' ,'\LtllfflC)' ^T'I I'.N'I: fly: ,",t V rlmvl {'ritlt N;{tlIC I{()AP, I) OF ('()lINTY (',~lhcr {'ouIlly, I:h~ri,h~ Il.',: Da'l'bara 11, Ilcrry. ('huir~lla~3..?.~.~ ,' ? Richard I). Ntoc, rc, I'.l'.'., Mice I'rcsidcnt ("~mp I')rcsscr & McKce, inc. (21 ,"; I gila I ti r c ['rin! Name CDM ¢ons*,tt~¢flot~ Camp Dresser & McKee Inc. 2,503 Del Prado Boulevard. fiude 200 Cape Coral. Florida 33904.5709 Tel:9,11 574-7100 Fax:941 574.7474 2 March 17, 1998 M r. Mohan Thampi, P.E. Collier County ()ffice of Capital Projects Management 3301 Tamiami Trail East. Building D Naples. Florida .34112 Re: Odor Nlonitoring and Modclin~ Fixed Term Sen'ices Contract Dear Mr. Thampi: Per your request ,.ve ha,.'e prepared a scope and budget for odor monitoring and modeling. Scope of Serx'i,ces Odor Monitoring and Modelin- Task 1 -CDM will establish monitoring locations near and in the area surrounding thc SCRWTP and landfill based on existing monitoring, locations and typical meteorolo2zical conditions. Monitoring times will be determined and a form for recording information ',,.'ill be prepared. Proposed monitoring locations and times ,.',,'ill be re,.'ie,.ved ,,vith the Count,,'. Sixty (60) hours ,,,.'ill be spent monitoring hydrogen sulfide. Seven (7) methyl mercaptan samples ,,,,'ill be collected. Samples ,,,,,ill be collected in a Tedlar bag by a ,.'acuum pump. shipped to a certified laboratoo' and analyzed within 72 hours for twenty sult\~r compounds. The analvsis method uses a GC/MS/SCD method that ,,viii allow lbr detection limits as Iow as 4 ppb. Methyl mercaptan, the compound of concern, has an odor detection level that is in the ppt range. It is ve~' possible that an odor that is perceived as faint or e,.'en strong will fall above thc odor detection threshold, but below thc laboratory detection threshold. '-I'_~ask 2 - Odor Modeling. The ISC computer model ',',,'ill be used to estimate thc resuhing odor from the landfill and the SCRWTP. The dispersion model uses local meteoroh'gical data, local terrain features, and source sample data to determine the mmximum one hour impact over an entire .,.'ears ,.vorth of actual ,,veather conditions. The output is incorporated with localized maps to graphically present the maximum results in isopleths. 'l';~sk 3- Presentation of Results. A letter report will be prepared to summarize thc results of the odor monitoring and the computer modeling. Five (5) copies of a draft report ,,','ill be submitted for the County review. Five (5) copies of the final report ,.,,'ill be pro,.'ided to the County. 6295LW26 Mr. Mohan Thampi, P.E. March 17, 1998 Page 2 Thc attached table provides an estimated cost for each of the options using thc rates established in our Fixed Term Services Contract with the Count,,'. The total lump sum fcc is 526.820. The schedule includes completing the project within 45 days ora written notice to proceed. Should you have any' questions, please do not hesitate to call mc. Very truly .,,'ours. CAMP I)R[iSSER & McKEE INC. Richard D. Moore. P.E. Vice President R I).x.I..~NI \VMq mw 5. laric Nlahan. CDM Jim I tagcrty. CDM 0000 ~00~ ooo~ ggo°oo 0000 0000 o~O ~00 r--.: ~ o 0 :.:.: C :%'- ~ 0 0 0 ~..~ *CDM consulhng Inc. 2503 P. ol Prado Boulevard. St/ilo 200 Cape Coral. Ftor~da 3300.$.570g 1o~ 9.11 5;'.I.7100 Fa~ %11 574.7474 April 15, 100g 'SS FtPR 19 Prq 9 H6 2 Mr. Mohan Thampi, P.E. Collier County Office of Capital Projects Management 3301 Tamiami Trail East, Building D Naples, Florida 34112 Re: Odor Monitoring and Modeling Fixed Term Services Contrnct ~95-2422 Dear Mr. Thampi. Based on the results of our initial odor monitoring and our discussion today we are revising the March 17, 1995 Scope of Services for Odor Monitoring and Modeling as follows: Task I - Delete collection of seven (7) methyl mercaptan samples and modify sixty (60) hours of monitoring to fitly (50) hours for monitoring. The initial odor monitoring identified methyl mercaptan odors in a number of locations; however, laboratory analysis detected the compound only in one sample, the sample taken from the surface of the landfill. The sampling alreadv conducted verifies that the landfill emits methvl mercaptans and ambient concentrations are below laboratory detection limits I>ut alcove the odor detection level. Monitoring hours are reduced because time is not needed to collect the methyl mercaptan samples and is needed to perform additional modeling. Task 2 - Add completion ora frequency analysis to show the number of occurrences of odor above a threshold level. This additional modeling will shov,,' how often odor at a certain threshold level is emitted. These modifications to the Scope of Sc~'ices ',,,'ill be completed without change to the total !ump sum fee of 526,820.00 or the project schedule. Should you have an.',,' questions or comments, please do not hesitate to contact me. Very truly yours. CAMP DRESSER & McKEE INC. Richar~r~i~. Moore P.E. Vice President R D M/M ~VM/I m w xc: Marie Mahan, CDM Jim Hagerty, CDM 8295LW 32 MEMO RANDE~M Date: To: From: Re: May 6, 1998 Sandy Taylor, Director Real Property Ellie Hoffman, Deputy Clerk Minutes & Records Department Easement Agreement, Utility Easement and Temporary Construction Easement for Sugden Regional Park Enclosed please find the original documents as referenced above, Agenda Item #16B3, approved by the Board of County Commissioners on May 4, 1998. If you should have any questions, please contact me (8406). Thank you. Enclosures PROJECT: 80080 (Sudgen Regional Park) PARCEL: 901,701 FOLIO: 4787200000 EASEMENTAGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between JERRY W. YOUNG and REGINA F. YOUNG, Husband and Wife, (hereinafter collectively referred to as the "Owner") and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires an Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for utility and maintenance purposes. WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon, and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Temporary Construction Easement") for the purpose of constructing water and sewer lines; WHEREAS, the Owner desires to convey the Easements to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dotlars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Easements over, under, upon, and across the Property in exchange for the sum of $5038.65 (Five Thousand Thirty Eight Dollars and Sixty Five Cents) as full payment for the Properly and the Temporary Easement interests taken and for any damages resulting to the remainder, if less than the entire. property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easements by County Warrant. 3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days of the execution of the Agreement hy Purchaser. However, Owner agrees that dosing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and to the Property are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the easements to Purchaser in forms acceptable to Purchaser. ,I. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, the execution ot such instruments that will, upon their recording in the Public Records of Collier County. Florida, clear any and all encumbrances from the Property. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Temporary Construction Easement, or any interest in the Property, by the Owner is contingent upon no other' provisions, conditions, or premises other than those so stated above; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Easement Agreement Page 2 6. Owner is aware and understands that the "offer" to purchase represonted by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that the Properly and all uses of the Property and the Temporary Construction Easement have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property and the Temporary Construction Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property and the Temporary Construction Easement to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Properly and the Temporary Construction Easement, b) any existing or threatened environmental lien against the Property and the Temporary Construction Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property and the Temporary Construction Easement. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the Easements. All other costs associated witl~ this transaction including but not limited to transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Owner. 10. If the Owner holds the Properly in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance With the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on this -:c-cf day of_~_.,~/'2~___, 19Z~_. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: · DATE D :. '_'_'~/',/-¢ :ATTEST: · ' ':,',,DWIGHT E. BROC'K. Clerk/, - .... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~ Easement Agreement Page 3 AS TO OWNER: DATED: WITNF_.,,SSES: (SignatL~/ /--,7/,;~.,y ;77....%~,x~,,--' .ed Name) (Signature) .... (Printed Name) 3500 Guilford Rd. Naples, FI., 34112 - 6237 DATED: (Pr?ted Name) (Signature) (Printed Name) Regina F,~Youn~l ' 0 3500 Guilford Rd. Naples, FI., 34112 - 6237 Approved as to form and legal sufficiency: Held~ FAshton Assistant County Attorney 168 3 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 54112 A SCRI TIO NOT A S V PROJECT NO PROdECT PARCEL NO TAX PARCEL NO.~ TIIE EAST FIFTEEN (15') OFTHE SOUTtl 125 FEET OF LOT 15, BLOCK"B" OF TtIE PLAT TI EREOF, GUILFORD ACRES, AS RECORDED IN PLAT BOOK 3. PAGE 59, OF' TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 1875 SQUARE FEET MORE OR I.ESS. PARCEl. 901 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 A FSCRI I U V PROJECT NO, PROJECT PARCEL NO,_ TAX PARCEL NO._ THE WEST FIFTEEN FEET(15') FEET OF THE EAST THIRTY (30') FEET OF THE SOUTH 125 FEET OF LOT 15, BLOCK"B" OF THE PLAT THEREOF, GUILFORD ACRES , AS RECORDED IN PLAT BOOK 3, PAGE 59, OF TH'E PUBLIC RECORDS OF COLLIER COUNTY, FLOR.IDA. CONTAI'NrNG 1875 SQUARE FEET MORE OR LESS. PARCEL 701 GF_~O'~i'GE R: RIC~qMOND PC:~FESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNI'Y OOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES. FLORIDA 34112 PROJECT: 80081 (Sugden Regional Park) PARCEL: 901 FOUO: 47872000000 UTILITY EASEMENT THIS EASEMENT, made and entered into this ~ day of ~,~ ,., ~, ~ 19"~1~,, by JERRY F. YOUNG and REGINA F. YOUNG, Husband and Wife, whose mailing address is 3500 Guilford Road, Naples FI., 34112 - 6237, hereinafter collectively referred to as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive license and privilege for utility purposes, on the fol!owing described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials [including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein sh~,ll constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Utility Easement Page 2 AS TO OWNER: DATED: ..~ / sss: // (~,~-nat/~/' - ~350~r~Rd , (Pri~ed Name) Naples, FI., 34112 -6237 (Signature) (Printed Name) DATED: (Pripted Name) (Signature) (Printed Name) Regina F~f(~C~'g" 3500 Guilford Rd. Naples, FI., 34112 - 6237 Acknowledgment Page Follows Utility Easement Page 3 COUNTY OF~, foregoing Utility Easement was acknowledged before me this ~' day of ~ 19~, by Jerry W, Young, who is personally known to me or who [las produced /---(. g~ ~-. ~,.' as identification. (affix notarial seal) LOIS NICHOLS 8, 2002 ~''~natureofNot~ry ' ' ) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: The foregoing Utility Easement was acknowledged before me this ,,.~/ day of /'.2~_,~,..~, 19~r'~, by Regina F. Young, who is personally known to r~e or who has produced F:d__~t (-,,'~- as ~dent~ficahon. Y?2o. 73;, -ti/_ 7~ / - o (affix notarial seal) .,,~,'~ i'b., LOIS NICHOLS ~,,~ ~S ~ 8, 2~ (S 'g '/~re~of ~Nota~ry"'P u~bli~)'/ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Utility Easement Page 3 COUNTY (hF /'~'_ ~,d ' Thee foregoing Utility Easement was acknowledged before me this ~,.~/' day of _ l gg/~, by Jerry W. Young, who is personally known to me or who has produced /-'-'~/_. ~) ,-. g,. ,-' as identification. (affix notarial seal) (~"t~atLJre of Notary Public) NOTARY PUBLIC Serial/Commission #:, My Commission Expires: The foregoing Utility Easement was acknowledged before me this ,..~/ day of /,//z4 ,---,._,, 19~', by Regina F. Young, who is personally known to me or who has produced ,~(_. ~. (.,,-c_ as identification. (a,'fix nolartal seal] .~,'~ ~/.~ LOIS NICHOLS (Sig~re of Notary Publi'c) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ,.'5501 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO. PROJECT PARCEL NO TAX PARCEL NO. THE EAST FIFTEEN (15') OF THE SOUTH 125 FEET OF LOT 15, BLOCK "B" OF THE PLAT THEREOF, GUILFORD ACRES. AS RECORDED IN PLAT BOOK 3, PAGE 59, OF TtIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1875 SQUARE FEET MORE OR LESS. PARCEL 901 PROFESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT: 80080 (Sugden Regional Park) PARCEL: 701 FOLIO: 4787200000 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT granted this ~ I day of k'"~q~.~ , 19~'~_, by JERRY W. YOUNG and REGINA F. YOUNG, Husband and Wife, hereinafter collectively referred to as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX. OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, a political subdivision of the State of Florida, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows (the "Easement Area"): SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. The Easement Area shall be used by Grantee for the purpose of constructing water and sewer lines. This Temporary Construction Easement shall expire upon completion of the construction of the public facilities in the Easement Area on or before July 30, 1998, whichever occurs first. Upon the completion of construction, the Grantee shall restore the surface of the Easement Area to its original condition. THIS IS HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. (~ a tu~...~ ~ted~ame) (~ignature), (Printed Name) 3500 Guilford Road Naples, FL 34112 - 6237 Page 2 WITNESSES: (Printed Name) (Signature)/ (Prin[ed Name) STATE OF COUNTY Regina~F. Young 0 3500 Guilford Road Naples, FL 34112 - 6237 The foregoing Temporary ConstnJction Easement was acknowledged before me this .Z/'~' day of//¢¢,~ ~___.~ 1998, by Jerry W. Young, who is personally known to me orwho has produced. ,FL.. ~,. L,',. as identification. affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: LOIS NICHOLS CO~4~SSION ,~ CC 715296 EXM~S ~ 8 2002 STATE OF ~,~.a-- COUNTY OF /~.¢-~_~¢~ The foregoing Temporary Construction Easement was acknowledaed before me this .,fl/ jr day of zJ//(,~t~/~, 1998, by Regina F. Young, who is personal~y known to me or who has produced ~. ~. C,~. as identification. yS~o- 7~ ~- V~- 7¢/-0 (a~x notarial seal) :~' 4~.~ (Signature of Nota~ Public) CO~N ¢ CC .~ ~ ~~,2~~o~ (Print Name of Nota~ Public) ~ ~ ,r~c,om,~co..~. NOTARY PUBLIC Serial/Commission ¢: My Commission Expires: 3301 OFFICE OF CAPITAL PROJECTS EAST T^M~AMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO PROJECT PARCEL NO,, TAX PARCEL NO, THE WEST FIFTEEN FEET(I 5') FEET OF THE EAST THIRTY (30') FEET OF THE SOUTH 125 FEET OF LOT 15, BLOCK "B" OF THE PLAT THEREOF, GUILFORD ACRES, AS RECORDED IN PLAT BOOK 3, PAGE 59, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1875 SQUARE FEET MORE OR LESS. PARCEL 701 PROFESSIONAL LAND SURVEYOR J2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 F_ TAMIAMI TRAIl. NAPI_E.q, FI.OR[lA 3a11'2 2315785 OR: 2416 PG: 3176 UTILITY FACILITIES REIMBURSEMENT AGREEMENT This Agreement is made and entered into this day of ~.~×.-~-Cz' , 1998 , by and between NTC Development Ltd., / a Flo~da limited partnership, (hereinafter referred to as "Developer") and the Board of County Compri ssione rs of Collier County, Florida, as the Governing Body of Collier County and as Ex- officio the Governing Board of Collier County Water-Sewer District (hereinafter referred to as "County"). RECITALS WHEREAS, Developer either has legal control over or is the legal owner of certain lands described in Composite Exhibit A (hereinafter referred to as "Developer's Project"); and WHEREAS, Developer desires to construct certain utility facilities to serve the Developer' s Project in ~dvance of the County's current capital improvements schedule; ant WHEREAS, the County Public Works Division has recom~ended to the Board of Commissioners that it will be advantageous to the public for the Developer to install certain wastewater utility facilities described in composite Exhibit "A" which are hereinafter referred to as the "Utility Project , which are composed o~, among other things, improved facilities at the North Naples Wellficld. WHEREAS, Developer has submitted to the Collier County Public Works Division staff an acceptable proposed plan and estimate of costs for the Utility Project, which include: a. A narrative description of the Utility Project; and OR: 2416 PG: 3177 16B 4 b. An acceptable proposed time schedule with the completion of the Utility Project prepared by a professional engineer; and c. Acceptable additional professional opinions of the probable construction costs for the Utility Project prepared by a professional engineer; and WHEREAS, Developer is amenable to installing the Utility Project in a manner consistent with the master plans, standards ar,d procedures employed by the County; and WHEREAS, the County is amenable to reimbursing the Developer's increase materials costs and increased installation costs incurred and paid by Developer which said costs would not have been incurred or paid but for the improvements desired by Collier County Wastewater Department; and WHEREAS, the Utility Project contemplated under this Agreement shall be construed and characterized as work done and property rights acquired by utility or other persons engaged in the collection or distribution of wastewater or water for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, the Board of County Commissioners finds that the reimbursement contemplated by this Agreement is consistent with and furthers the County's existing capital improvement e]ement of its comprehensive plan; and WHEREAS, this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act. om: 2416 PG: 3178 W I T N E S S E T H : NOW, THEREFORE, in consideration of the covenants contained in this Agreement, Ten ($10.00) Dollars and other good and valuable consideration exchanged amongst the parties, it is mutually agreed between the parties as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct, and shall be incorporated herein. 2. PERMITS REQUIRED PRIOR TO CONSTRUCTION. Developer shall obtain all required permits to construct and install the Utility Project prior to the commencement of any portion of the Utility Project. 3. CONSTRUCTION OF PROJECT BY DEVELOPER. Upon approval and execution of this Agreement by Developer and the County, Developer covenants to construction and completely install at his cost and expense the utility facilities described as the Composite Exhibit 4. INSPECTIONS. As a part of the acceptance procedures employed by the County, Developer agrees that he shall cause his engineer to provide to the Collier County Public Works Division documentation acceptable to the Public Works Division Director which documents that the Developer's engineer has inspected the subject Utility Project during construction, installation and interconnection with the County's regional system. Such documentation shall verify compliance wich all applicable federal, state and local procedures and standards. OR: 2416 PG: 3179 5. COUNTY TO REIMBURSE DEVELOPER. Upon acceptance and zeco:d£ng of all app:op~iate conveyance documents ~o the County which :elate ~o the Utility P~o3ecL in a manne: which conforms wizh the standards and p~ocedu:es employed by the Count), acceptance o[ ~egional was~ewatez utility in[~astzuc~u:e, and aide: :eceip~ by the Public Works D£vis£on Di:ecto: o[ a saEis[acno:y w:it~en ve:i[icaEion of unconditional payment in lull fo~ the materials, installation and all o~hez costs of the U~iliEy P:ojec~, the Count), ag:ees to :e±mbu~se Develope~ fo: cez~ain maEe=ial and installation costs of the UEili~y P~oject in the sum ~o~al $6,710.00 which is ~e[lected on the schedule of :eimbu:semen: a~tached as Exhibit "C." In no case whatsoeve: shall the Coun:y's maximum payment obligation unde~ this ag:eement exceed the to~al amount ~o be paid Develope: as shown on Exhibit "C." Fu:~he:, no :e±mbu:sement shall be made [o: any installation cos: o: ma~e:ial co$~ o[ a pipe size that is otherwise :equi~ed of Developez as a pa~ of a planned unit development o=dinance, site developmen~ plan or any other ordinance, or regulation, condition or permit. If there should be a reduction in the cost to Developer for reimbursable materials or installation costs from the estimated costs specified in composite Exhibit "A," such cost reduction to Developer shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to Developer should te reduced by five (5%) percent, the County's obligation hereunder shall be reduced by the five percer~t. 4 OR: 2416 PG: 3180 6. RECORD RETENTION. Developer shall keep or provide for the retention of adequate records and supporting documentation which concern or reflect the total cost of construction or installation of the Utility Project. This information shall be available to County, or its duly authorized agents or representative for audit, inspection or copying, for a minimum of five (5) years form the County's execution of this Agreement. 7. HO CLAIM TO A[~Y IMPACT FEE CREDITS. Developer represents and warrants to the county that it has no claim and agrees to make no claim whatsoever for any water or sewer impact fee credits associated with the development of the Developer's Project arising form this or any prior agreement, recuirement or obligation, inc].uding, but not limited to any claim to impact fee credits under the provisions of Chapter 380, Florida Statues. 8. SURVIVAL OF OTHER REQUIREMENTS. The failure of this Agreement to address any permit, term or restriction shall not relieve the Developer, or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, terms or restrictions. This Agreement shall be modified or revoked as is necessary to comply with all relevant state or federal laws, if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties compliance with the terms of this Agreement. 5 9. AMENDMENT. The burdens of this Agreement shall be binding upon, and the benefits of the this Agreement shall inure to all successors in interest to Developer. 10. BINDING AFFECT. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to Developer. 11. RISK MANAGEMENT GUIDELINES. The performance and execution of this Agreement shall be carried out in conformance with the risk management guidelines established by the County's Risk Management Department, as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference. 12. RECORDING. This Agreement shall be recorded in the official records of Collier County, Florida, within fourteen days after the County, by its duly authorized chairman executes the Agreement. 13. ENFORCEMENT. Any party to this Agreement shall, have the ability to file an action for injunctive relief in the circuit court of Collier County to enforce the terms of this Agreement. Said remedy being cumulative with any and all remedies available to the parties for enforcement of this Agreement. 14. ATTORNEY'S FEFS. Only the parties executing '.his Agreemen~ shall be entiEled to reasonable attorney's fees, including appellate attorney's fees and costs, incurred as a prevailing party in connection with any litigation arising rom this Agreement, and to all reasonable expenses, including attorney's fees, incurred in exercising or enforcing the right, obligations or 6 OR: 2416 PG: 3182 16B remedies provided or incorporated herein. 15. SEVERABILITY. In the event that any portion of this Agreement shall be found to be unenforceable in any legal proceeding, the remaining provisions shall remain in full force and effect. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referred herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. Witness - Printed Name ,O~F,/. ,,~ /.:. NTC Development, Ltd., a Florida limited partnership By: SW Florida Partners, Inc., a Florida corporation, en ra partner Robert G. Claussen, President STATE OF FLORIDA COUNTY OF ~ The foregoing Utility Facilities Warranty Deed was acknow- ledged before me by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, the general partner of NTC Development, Ltd, a Florida limited partnership on behalf of th~ partnership. Personally known X or produced identification Type of identification produced: WITNESS my hand and official seal this /,.,l~ day of , 1998. ,MARIF. A. SMITH My Ctvnm Exp. 9/25199 Bonded By Scwic~ h~ · No. C(j492914 ,' , .:< ,_~ ,.. ,' ,,_ ', ,, :~ /,< Notary Public My Commiss,ion Expires: -'"' '' '; /) ,...<,,~ /, , -;;,', z // Notary Printed Name 4 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency Assistant County Attorney OR: 2416 PG: 3183 168 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BAR~B~RA- B. BER[~,' Prepared by: June Miller Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 03-764]8.doc.wpd ALL THAT PART OF THE WEST I/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19. NORTH 01'07'34" V/EST 100.00 FEET TO THE NORTH LINE OF AN EASEMENT FOR DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK 44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF THAT LAND AS DESCRIBED IN SAID O.R. BOOK 767, PAG[:S 1,508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, THE FOLLOWING DESCRIBED NINE (9) COURSES; 1) NORTH 89'09'48" EAST 50.00 FEET; 2) NORTH 01'07'.34" WEST 549.50 FEET: NORTH 88'52'26" EAST .30.00 FEET; NORTH 01'07'54" WEST 2017.43 FEET; 5) NORTH 00'58'48" WEST 582.54 FEET: 6) NORTH 89'01'12" EAST .360.00 FEET: 7) NORTH 00'58'48" WEST 800.00 FEET; 8) SOUTH 89'01'12" WEST 400.00 FEET; 9) NORTH 00"58'48" WEST 1280.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, WHICH LIES NORTH 89'20'08" EAST 40.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF SAID SECTION 19, NORTH 89'20'08" EAST 2592.26 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH AND SOUTH 1/# SECTION LINE OF SAID SECTION 19, SOUTH 01'08'21" EAST 1716.05 FEET; THENCE LEAVING SAID LINE, SOUTH 89'09'48" WEST 750.00 FEET; THENCE SOUTH 01'08'21" EAST 5605.71 FEET TO THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THAT DRAINAGE EASEMENT DESCRIBED IN SAID DEED BOOK 44, PAGE 78; THENCE ALONG SAID LINE, SOUTH 89'09'48" WEST 1890.21 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT AS RECORDED IN DEED BOOK 44, AG PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; · ,~..~., SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS · ,i:~E.:,;OR RECORD IF ANY. EXHIBIT "A" Page Two of Four NARRATIVE DESCR1F'TION OF THE UTILITY PRO.IECT The developer has with tim approval of Collier County, constructed the entpr.' to Carlton Lakes PUl). As part of that project there were improvements made to the Collier Cotmty Well field infrastructure, most of which filcilitatcd tile ability to cross for the purpose of'entry. Among tile improvements was thc installation ofnew Stainless SteeI Motor Starters on the wells It was agreed by staffand developer that this would be the only cost for which Collier County should be responsible as this improvement is unrelated to the need tbr access. The Starters were installed at that time in order to take advantage of the contractor mobilized at the site. The cost fbr installing the Starters ',vas $6,710 EXIt I BIT "A" i'age 3 of 4 TIME SCItEi)[ILE FOR (:OMPLETION OF THE PROJECT Thc Projcct is currently complete TO: (941) 76S-6937 JOB A~0~£S8 Carlton Lakes He2lfield ~leetri 5ervioe all ~ondu{t. ¢o~perwire, sta~leas starlets, control conduit for a~ follows: ' 161~ 4 EXitlBIT "C" Pa~e i of l TIME SCHEDULE FOR REIMBURSEMENT As soon as possible l.casc #653 TIIIRD AMENDMENT'I'() IA~ASE AGREEMENT TillS TItlRD AMF. NDMF. NT TO LEASI! AGREEMENT entered into this 27 day of ~,;,,-_//'_(Z~.~ , 1998 al Naplcs, Collier ('otmty, Florida. by and between thc Collier Cotlnlv Agricul~l}';tl Fair and l'~xposition, Inc., fommrly referred to as Collier County Fair and Agricuhtm~l Expos~qion. Inc., whose mailing address is 751 39th Avenue N.E., Naples, Florida 34120, hereinafter retorted lo as 'TI~SSEE", and Collier County, a political subdivision oF Ibc State of Florida. whose mailing address is 3301 Easl 'l'amiami Trail, Naples. Florida 34112. hcrcinal~cr rc{~rrcd to as "I.ESSOR". \VITNESSt:"I'II WItERF. AS, thc I.I';SSEI'; and LESSOR have previously entered into a l.casc Agreement dated November 10, 1986. an Amcndmcnl to Lease Agreement datcd January 16, 1990, and an Amendment to l.casc Agreement dalcd December 18, 1990; WIIEREAS, thc I.ESSF. F. and I.ESSOR arc desirous of amending thc Lease Agreement dated November IO. 1986, its :ullcIldcd; and NOW TtlERI!I:()RI'~. in consideration of Ibc cra'chants and agrccmcnts providcd within the said [.case ,,kgrccmcnt datctl November l(}. 1986, iht Amendment to Lcasc Agreement dated .lanuary 16, I990 and thc Amcndmcnt to Lease Agreement tlalcd DecemBer 18, 1990, and Ten Dollars ami other valuable consideration, thc Louse Agreement, as amended, dated November I0, 1986 hcrchy amcmlcd as lbllows: I. Articlc I and Arliclc 17 of thc Lc:mc Agrcclncnt are hereby deleted in their cntircty and thc following provisions arc sul*stitutcd in its place: ,,\RTI('[.[.~ I. [~ll!i~cd Premises In considcration o£ thc payment of rents, scrviccs lo Ibc community and activities provided community usc and Ihc pcrtbnnancc of thc covenants hcrcinaflcr scl fo~h, LESSOR hereby leases to LESS[~E and IASSSEE hereby leases IYom LESSOR thc properly described in Exhibit (rcviscd), which is attached hereto and made a pan hcrco/ and hcrcinaficr rcfc~cd to as thc "Demised Premises", situated in thc County of ('oilier and the State oF Florida, for thc pu¢osc of operating a thirground thcility, consistent with thc No~h Golden Gate P.U.D. document as recorded in thc Of'ficial Records o1' Collier County. Oflqcial Record Book 1180, Pages 156t lhrough 1599. This puq~osc is lo hc considered a l'ccrcational fitcility by thc Community Development Division AR'I'ICIA:~ 17, C;cncral Provisioll~; lA!SS()?, and I.I!SSE[': rccoglfiZC that Collier ('otmly (LESSOR) originally acquired thc I)cmiscd Pr¢iniscs through it conveyance by thc Dcvclopcr of thc Orangctrcc Planned Unit Development (tbrmally known as No~h Golden Gate) in accordance wilt~ development commitments applicable thereto, it is fl~rlhcr recognized that thc potential always exists that thc [)cvch~pcr of tile Orangctrcc Pl;tnnect Unit Dcvclopmcnt or a third pa~y may litigate issues relating to development rights and obligations as set kmh in thc Planned Unit Development (PUD) [)octll)lmll (k~owll as thc "1'[ I[) bv Settlement" document). It is therefore agrccd by I.ESSOR and L[¢SSI']Z that in thc event that litigation is instituted in a court of competent jurisdiction and such litigation results in a requirement that Collier County (I,ESSOR) reconvey ll~c Demised Premises to thc Developer. this l.casc shall bc terminated immcdiatcly upon such mconvcyancc and I.ESSEE shall relinquish all righls in said Dcm;sod Premises. I.I~S~E}'~ agrees to erect Fencing al its sole cost and expense along Ibc ~Vcsl boundary oF Demised Premises (which may inchidc a portion of thc No~h and South boLnldag') upon such tinlc as thc vacant propcrly ;~ttjaccnt to thc Wcsl brmndary ol'thc Demised Prcmiscs is developed or a usc is established or until such lime as thc LESSOR dctcm~incs it is in thc hcsl intcrcsls Io erect said t'cncing Io ensure adcqualc sltfcty of thc public. Said Fencing shall bc not less than a six (6) Fcct height and shall hc of i~ mbhcr coaled chain link quality alld o[' 11 color approved by thc LESSOR. LESSEI~ acknowIcdgcs and agrees to allow thc LESSOR at its sole cost and expense Io enhance or improve any fencing creeled by LESSEE in order lo ensure LESSOR's operation located adjacent 1o Iht Demised Premises is minimally afl~ctcd by any activities held by LESSEE on thc Demised Premises, I.ESSISE fitlly tnldcrslands that thc police and law enforcement security prolcction provided by law cllt~,rcclllcnl agencies For thc above rcl~rcnccd Demised Premises is limited to that provided to :my ol}~cr busiocss or agcncy silualcd in Collier Connty. and acknowledges lhnl any special security mcastn'cs dccmcd necessary ('or additional prolcclion of the Demised l>rcmiscs shall bc sole rcspom~sihilily ;lilt[ COS[ o1' I.}~SSI~}~ lind shall involve no cost or expense to L[~SSOR. I,t'(SSI~[( cxprcssly ;~grccs Ihr itscl[ ils succcss{~r and assigns, lo rcl'rain t?om any usc ot'lh(' Dcm;sod Premises which would inlcrl~rc with or adversely al'l~ct thc opcralion or maintenance of I.I~SSOR'S standard opcralions on attjaccnl property or where oUmr operations share common fimilitics under one ( 1 ) roof. I.ESSEE shall not commit, or allow Io hc commitlcd, any waslc on Ibc l)cmiscd Premises. create or allow any nuisance on lhc Dcm;sod Premises or usc or allow thc Demised ['rcm;scs to hc used as any unlawh~l puq~osc. [_[~SSOR shall not bc required to fim~ish thc LESSEE any fi~cilitics or services of any kind whalsocvcr during thc Icrm of Ibis I.casc, such as. but not limited 1o, water, electricity, lighl and power, gardening and m~kloor maintenance, I,I~SS()R shall not he required to make any ahcrations, rchuildings, rcplaccmcnls, changes, additions, improvcmcnls or repairs during thc said tcm~ of this I ~casc. Thc 1.15SSI~[~ will nol incur any indebtedness giving a right to a claim of lien on I)cmiscd Premises or upoo thc LESSEI~'S interest under thc Lease. Thc existence oF any such claim oFlicn tBr a period in excess ol'sixty (60) days aRcr written notice thereof to LESSEE or sixty $60) days after knowledge thereof'by LESSEE. shall constitulc a material breach of this Lease. Upon knowledge or nolicc IA~SSEI~ shall have said claim of lien removed oF record within sixty (60) days by paying or bonding samc. LESSEE will causetobcfilcdaNoticcofCommcnccmcotshowing I,t~SSOR mitt p~rlics m receive noliccs ulldcr thc Mechanic's l.icn Law. All contracts ~lladc by I.I(SS[(I~ fi~r allcralion, improvcmcnls, rcconsm~ction or repair of Ibc Demised Premises shall I.tiSSE[{'S expense, and Iht pre*duct ~*l'thc work shall become a parl ol'lhc Demised Premises. A lending inslilnli(m {~r hank. ;nmlhrmzcd Io (h~ hims;ness in thc State oJ' Florida. may stmccccd h~ thc righls (~l'lhc I.I(SSI~[L in a pledge t~l'crcdit and will not conslilutc a dclkm!t under this l_casc. tIimncomnmcnccmcntofthclnitialtermol'thisl.casc, LESSEE shall operateafairgrouod fi~cilily as described above on thc Dcm;sod Premises in i~ businesslike and reputable manner. I,I~SSEE covcnanls and agm'ccs 11ol to usc, occupy, sufl~r or pcnnit said Demised Premises any part thereof lo bc used or occupied Ii, r any pu~osc olhcr than dcscrihcd able. 2. F. xccpl as cxprcssly provided herein, thc I.casc Agreement between thc Collier County Fair ;md ,,~gricullur~H t~xposition. Inc, and Collier Counly dated Novcmbcr I0, 1986, as amended, rcm:fins in I~HI Ibrcc and cl'lbct according to thc terms and conditions contained lhercin, and said forms and condiliOns arc applicable hcrclo except its expressly provided othc~vise herein. 160 1 -- IN WITNESS WIIEREOF, Iht [.ESSEF. and LESSOR have hereto executed this Third Amendment to l.casc Agreement the day and year first above written. AS TO TI I E I.[;.SS El;.: ~,~- WITNESS (Signaturc) (Print Name) WITNESS (Signature) (Print Name) COLI.IER COUNTiY FAIR AND AG~L"EX POSITION. ING,-. AS TO '['tlL: LF. SSOR: ,~ / DATED: -,. Y~ zkTTES'I': DWIC, IITE. BROCK, Clerk , Dco~St)' Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency:, Itcitli F. Ashlon Assistant County Attorney EXHIBIT "A" PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. LEGAL DESCRIPTION fart of Block 489. ,Nm'th (i,ldcn Galc IJnit 2, as recto'dod in Plat Book 9, Pages 29 thrm:gh 43. Public Rec~rds of C.Ilicr Cmmty, l:lorida. described as Iblh)ws: Commence at thc N,rthwc:,t comer tfl' said Block 489; Thence along the north boundary of sa',d Block 489. S 88' 08' 24" E. 455.75 feet to the I'oint of Bcgim.ing: I'he,ce continue along said north boundary. S 88'08' 24" E. 25%.7~ l:'c~; Thence leaving said nnrth boundary, S01'53' 16"W. I184.51 Ikct; Thence N88'08'24"W, 2696.65 feet: Thence N 01 ' 53 '16" lf, 35.00 l~cl: Thence S 88' 08' 24" E. 240.00 l~ct; Thence N4(, 51'36 "t5, 147L491~ct: Thence N01'53' 16"E, 560.00 IL~ct: Thence rq 8g '08' 24" W, 235.00 l~ct; Thence N 37' 10' 00" W. 173.07 t~ct; Thence N 01 '53' 16" E. 350.06 l~ct to thc Point of I3cginning. Contai:,,',;g 68.01 acres more orlcss. SKETCH OF LEGAL DESCRIPTION _(NOT A SURVEY} '4(}F.: HWE.S F CDRNER (IF IH O'Jk lANE OF IJLOCK 489 II..(.)CK 4 g9 ~ SCALE: DRAWN BY: CHECKED BY: FILE NO: REVISED: NOT TO SCALE RSG BY: ~ ~,,~:::~,~_ DATE: RICHA~I) Q6~):-~ '-i'~,~ PROF'b.'SS-~ONAI~' ~N~.. ~JRVEYOR ~t2769 TRAh'SP(~RTAT'JO]'I ~'~R'~CEs DIVISION COLL!ER',OO~UNTY ~O)/.F. RNMENT COMPLEX 3301 EAST 'rAtlL~I,Ill,',~RAIL NAPLES, ..'F.LO. R ~ .OA-, 33962 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 5, 1998 FOR BOARD ACTION: Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.' 91-4437-TMC, 91-1694-MMA, 88-691-CFA, 91-1291-IT, 90-1582-TM, 90-6640-TM/90-6641-TM, 88-3014-TM, 90- 4932-TM, 90-5421-TMC, 92-6939-MMA, 95-524-CFA. - AGENDA ITEM No. ~ ~, .[-~, HAY - 5 1998 SATISFAC'fION OF Cln;IL JI~ LIEN *** 2315790 ~ICODIO In OffICIAL ~ICO~S o~ COLLI]~ CO~]~, ZL 0~/0~/~! ~t 02:00~ D~I~! I. ~OC[, C[lll CilNIIAL DI~ISIO! OR: 2416 PG: 3205 KNOW ALL MF_2g BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against: AUSENCIO CORONA 38204 CIRCLE F FLORIDA CITY, FL 33034 CASE NIR4BER: 91-4437-~dC bearing the date of 27TI{ day of J~ARY , 1992 recorded in the office of the Clerk of the Circuit Court of Collier County State of Florida, securing the principal sum of ' **** ONE IfLr~RED SEVENTY & NO/100 ($170.00) *DOLlaRS, by Civil Judgment recorded in Official Record Book 1824 1703 Page The Board of County Commissioners of Collier County hereby acknowledges full payment and ~ ' ,~atlsfaction of said Lien, hereby surrenders the same as cancelled, and hereby directs the Clerk of said Circui, Court to cancel the Lien o~ record. ~ - IN WITT~ESS WTIEREOF, the Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction be executed in its name by its Chairman. Executed.~t, his: ~-iC~/ day of ATTEST: ~' COLLIF'Pd',CO ,tiNTY, F{OR~DA Approved as ~o form and legal sufficiency: s~zstant County AtCorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRPERSON Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. BOX 413044 NAPLES, FLORIDA 33941-3044 CRIMINAL DIVISION SATISFACTION OF CrVIL JUDGMF2gT LII.~N *** 2315791 OR: 2416 PG: 3206 *** 05/0&/H It 02:00P~ ~¥IG~ 1. H0¢[, KNO;'; ALL MEN BY T){ESE P}.£oF.,~T.:,~ '"' " that the BOARD Of' COUNTY CO:~4ISSIONERS OF COLLIER COU~rFY, FLORIDA, i:; the o',mcr and holder of a certain lien aqainst: CHRISTOPHER PAUL SNYDER 5343 }{EMINGWAY LANE ~609 ,,,~'.,~;o, Fi, ~3999 CASE ~UMBER: bearing the date of ~.0~H day of MAY , 1992 reccrdnd in 'the office of the Clerk of the Circuit Court of Collicr County, State of Florida securing the principal sum of ****FOURTEF2g THOUSAND THREE Hr~NDRmD THiRTY-SiX & 36/100 ($14 336.36)' -r- ~ · ~ , DO~'~Ro, by Civil Jud(.unent recorded iI~ Official Record Book ].909 1747 , Page The Board of County com~isnJoner:: oc Collier County herr. by - '- · -' " .- ac,.nowledge:; full payment and satisfaction of s~id f, ien, hereby surrenders the same a.s cancelled, and hereby directs the Clerk of said ~;rcu~t Court to cancel the Lien or record. ~ ' ' ~ IN WI%~NESS WHEREOF, tho Board of Co:]nty Co,'~m"--' - 1.~lo,,ers of Collier Count:y, Florida, hereby directs that this Satisfaction be execuhed in its name by its Chairman. COLLI Eft ,' COUNTY, 'Cl~rk ' o'$.,tlffe Circ~'t Coi~rt , 19 ?<K. By: BOARD OF COUNTY CO~,~M. ISSIONEES COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRPERSON Approved legal sufficiency: ASsistant Coud,ty Attorney D',./rc;IF[' I.~. ;q:,OC:K CI,ERK Oi" THE CIRCUIT COURT P. O. BOX ,113044 NAPLES, FLORIDA 339,:i- 3044 CRIMINAL DIVISION SATISFACTION OF CIVTL ~ LIEN *** 2315792 OR: 2416 PG: 3207 *** 0510t/~! It 02:00PR OlI:~ I. BIOC[, CLli[ letn: ~;OW ALL MEN B'f THESE PRESENTS that the BOARD OF CO~¢TY CO~41SSIONERS OF COLLIER COU%i~f, FLORIDA, is the c'~er and holder of a certain lien against: nIL~I,~,4 W~LTER MOORE 965 MORNiNGSIDE DRIVE NAPLES, FL 34103 CASE NUMBER: 88-691-CFA bearing the date of 2~ day of OCTOBER , 1996 recorded in the office of the Clerk of the Circuit Court of Collier C~unty, State o securing the principal sum of ONE HI~RED FOR?f-FIVE & 05/100 ($145.05) 'DOLLARS, b'y Ci,/{i Ju~:qment recorded ]n Official Record Book 1643 2235 , Page The Board of County Commissionern of Collier County hereby acknowledges full payment and ~:atisfaction of said Lien, hereby surronder's the ~;ame as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the Lien of record. iN Wi~TJESS ..... ~- - ,',H~',S~O.' the Board of County Commi~' -~ !i ' .,.,~onez., o£ Co ;.er County, Florida, hereby directs that this Satisfaction be executed ]n its name by its Chairman. Executed this ~;~ clay .~ ~ · .} ..-' ~'..' L' AT'rEST: , , CO LL ~ ER ."~OUNTY; 'F LO~ LnA 'Cl~rk o'{, the circuit .~u~ Approved as t~,~{~m and legal sufficiency: !!')ARD CJF COUNTY CO:~41SSiONER:{ COLLIER COUNTY, FLORIDA P'Y:~-~ARBA~J% B. BERRY, SON Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. BOX 413044 NAPLES, FLORIDA 33941-3044 CRIMINAL DIVISION *** 2315793 OR: 2416 PG: 3208 *** SATISFACTION OF CIVIL o-~ LIEN F~IOW ALL MEN BY THESE PRE.GE~;TS that the BOARD OF CO~.;TY COMMISSIONERS OF COLLIER CO~{?i, FLORIDA, is the o'~ner and holder of a certain lien against: EDUARDO CASTRO CASTILLO 450B FAP~t;ORKERS VILLAGE I~4OFJ~LEE, FL 33934 CASE NUMBER: 91-1291-!T bearing the date of 28TH day of SEPTEMBER, 1994 rote:Ged in the office of the Clerk of the Circuit Court et Co!!ier County, State ct Florida, securinq the principal sum of ' *''* ~WO }U~;DRED ~';O a 50/100 ($202.50) *DOL.~RS, by Civil Judgment recorded in Official Record Book 0999 1992 , Page The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said Lien, hereby surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the Lion of record. IN WITNESS P~{EREOF, the Bnard of County. Com.miznionero of ~o~li_or County, Florida, hereby directs that this ,qatis~.,:ction be executed in its name by Chairman. E×ecuted. this~0~?~___day of d~. ATTEST: "' Cl~r~ o~he Circ{~itxCOurt Approved as to form anti legal sufficiency: A:,sistant County Attorney BOARD OF COm:TY CO:'~4ISSIONER$ COLLIER COUNTY, FLORIDA ~A~~ 3,~R~ P, ~[ R,~F ~ '~ ' .~ .,. .u~ .'.' , Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUI? COURT P. O. BOX 413044 NAPLES, FLORIDA 33941-3044 CRIMINAL DIVISION SATISFACTION OF CML ~ LIEN *** 2315794 OR: 2416 PG: 3209 *** ~IC Il! CRINHAL DIVISI~ KNOW ALL M'EiJ BY THESE PRESENTS that the BOARD OF COLD. ITY CO.'C.!ISSIONEES OF COLLIER CObalT'f, FLORIDA, i".. the o',zner and holder of a certa:-~,. '~l_n'o ag,t~n~:- i -~ I{YLL MARLIN ,/EII.k, FEI., 2013 ROOKERY BAY DRIVE ~1202 NAPLES, FL 33961 CASE NUMBER: be_aring the date of 10TH day of APRIL , 1992 recorded in the office of the Clerk of the Circuit Court of Coil',er County, State of Florida, securing the principal sum of SEVEN HU?/DRED THIRTY-SEV~I & 50/100 ($737.50) 'DOLLARS, Civil Jud ~ t rded in gm._n, reco Official Record Book 2049 1705 , Page The Board of County Commissioners of Collier County hereby acknowledges payment and satisfaction of said Lien, hereby surrenders the same as cancelled, and hereby directs the Clerk o~ oa,d Circuit Court to cancel the ' ~ ' ~or] Of record. IN WITNESS WHEREOF, the P. oard of County Commi. ssicners of Collier County, Florida, hereby directs that thi.-.; Sat:sfaction, be execu.ea' ' in its' name by its Chairman. Executed :.%hz.:., ',~=___das' of . ..o.,; ',, · ~./ ATTEST: , COLLIER. COUN"F~, FI.~0RIDA Cl6rk of:..the .Circu'~¢ Court , \ "t , BOARD OF COUNTY CO~,~MISSIONERS COLLIER COL~TY, FLORIDA B;'.RBAP. A B. BERR'f, C}L'\iRPERSOr; Approved as to form and legal sufficiency: A.%sistant County Attorney Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. BO>[ 413044 NAPLES, FLORIDA 33941-3044 CRIMINAL *** 2315795 OR: 2416 PG: 3210 SATISFACTION OF CIVIL ~ LIEN KNOW ALL MEN BY THESE PRESENTS that the BOARD OF CO%9~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against: HYLL MARLIN WEINSTEIN 2013 ROOKERY BAY DRIVE ~1202 NAPI,FS, FL 33961 CASE bqJIfBER: 90-6640-17:/90-6641-TM be_aring the date of 26TH clay of FEBRUARY, 1992 recorded ~.n the office of the Clerk of the Circuit Court o[ Collier County, State of Florida, securing the principal sum of NINE HI~RED EIGHTY & NO/100 ($980.00) 'DOLLARS, by Civil Jud.~ent recorded in Official Record Book 1085 1712 , Page The Boar(] of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said Lien, hereby surrenders the same as cancelled, and here~/ directs the Clerk of said Circuit Court to cancel the Lien of record. IN WIT}~SS WHEREOF, the Board of County Commissioners of Collier Count}', Florida, hereby directs that this Satisfaction be executed in its name by its Chairman. Executed'.this.~.'~ clay of A~EST: COLL!~R COL~TY, FLORIDA ~ie'rk 5f.i%h~i(¢~r6~it C6urt By: BOAFD OF COUNTY COt'P,4IoSIO.~:'.P.~ ~~'COLLiER COUNTY, BARBAP=% B. BERRY, CHAIRPERSOn; Approved a.c to form and ].eqa 1 sufficiency: Prepared Dy: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT ;'. O. ~OX 413044 ~:APi, Ef;, FLORIDA 23941-304,1 CRIMINAL DIVISiOn, *** 2315796 OR: 2416 PG: 3211 *** SATISFACTIO~ OF CIVIL ~~T I,IFJq K]WOW ;d,L ~: BY THESE PRES~;TS that the BOAP. D CF CO'~;%-F CO:~'~iSo,O.,r.R.. COLLIER COU~FY, FLORIDA, is the o',~,~er and holder of a certain !;eh against: DAVID WEBSTER HILL 3100 AR£CA AVENUE m9 ,,A PLE.%, FL 3394~ r.:. : ' 0 ,., bearing *~,- date of 27TH da',' .... . - ~ .... :.-.: 1992."oc__o.~ed~-' Jn the office of the Clerk of the Cir-~lt." Court et Coll~er County, State of Florida, securing the principal sum of ~O H~tr~'DRED SE%qS~f-SE-;E~; & 53/100 ($277.50) *DOLLARS, by Civil Jud4m. ent recorded in Official Record Book 614 1702 Page The Board of County Com,miznioncrz of Cotii~.~ County hereby a~:-~o...~:-~s full ~nent and satisfaction of said L:en,' ~,]:~rebv. surr~ndern ~h~.. same a:; ~--c_lled, and here~/ ~;- c,..ect., the Clerk of s,%ld Circuit Court to cance7 the Lien of record. IN WITNESS ~{EREOF, the Board of County Conwnissioners of Collier County, Florida, hereby directs that this Satisfaction be executed in its name by its Chairrm~n. -Executed A%~I"EST: ' , COLLIER -£.,OUNTY ,,. FLOR'[. DA 'Cl~rk 6f.the CircUit Co,ri Approvod ao to fo~ and legal sufficienzy: AJsi:;tan: Co~nty ,,ttorney _day of '/'.]c~/, / P~OY..FD OF COUNTY CO L L I E R COU~';TY, ~LO R i DA BARBARA B. BERRY, C}~IRPERSON Prepared By: DWIG}{T E. BROCK CLERK OF THE CIRCUIT COURT i'. O. ~OX 413044 NAI'[,!.lf;, FLORIDA CRIHIMAL DIVISION *** 2315797 OR: 2416 PG: 3212 *** SATISFAL~ON OF CIVIL Jl~ LIF~q KNOW ALL MI{Il BY THESE PRESEIiT.q that the BOARD OF COUIITY CO[~4IZ:;IO~IEH. S O? COLI,IER COUNTY, FLORIDA, is the o',Tier and holder of a certain lien against: [TDUGLAS AL,,r~,, CATHEY 1295 WEST 46TH .STREET !{IALEAH, FL ~3012 CASE },qFMBER: bearing the date of 2/ID day of J;u';U,\RY , 1993 recorded in the office of the Clerk of the Circuit Court of Collier c~n~y, State of Florida securing the principal aura of ' * .... NiNE HLD, I.'.)RED %'WELVE a 50/100 {$912.50) by Civil Judwm. ent recorded in Official Pecord Book 672 1676 The Board of County Com.mi.';sioners of C%,]Jier Count}. hereby acknc',~led.~,?~; f,.:ii pa~ent and sat~-~,~ ~ ........ on o. said Lion, hereby surrenders tho same a~; cancelled and her~ d' ,, ~ tho of ' " ' .. ~r_c~n . . Clerk said Cir~u:, Court to c.~ncei the ' {on o= record. " - ..... !~; WITNESS WHEREOF, th~ Roar<: of County Cc?minsioners of Collier County, Florida, hereby direct.~ that this Satisfaction be executed in i-z nam~ b'/ Chairman. '-- Executed th.is _~'. ATTEST.".' ' COLLIER COb?;T"/, FLCjRIDA Cl~rk'.of the Cf~cui~'~ourt Approved as to form and legal sufficiency: A~siS-tant Couht'~ Attorney By: PO/',RD OF COb",~T':' COLLIER COU~,;TY, FLORIDA BARBAP~t B. BERRY, CHAIRPERS©N Prepared Ey: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. gOX 413044 .., ] - 2. C ,, ,, CRIMINAl, DI'/I SI')N 231 ? 8 241 3213 HC H! ~.0~ SATISFACTION OF CIVIL ~ LIP~I K~4OW ALL MEN BY THESE PRESENTS that the BOARD OF COUNT'/ CO?.4ISSIONEKS OF COLLIER COL~.:TY0 FLORIDA, is the o',mcr and holder of n certnin lien agninnt: JUDITH LOUISE SIMPSON 2535 LEE STREET ::A PL[':S, /"L 339~,'. CASE NUMBER: 90-542!-:74C bearing the date cf 22ND day of OCTOBER , 199! recorded ;~ the office of the Clerk o--{--~he Circuit Court o~ Collier C~-t~y State cf Florida securing th<: principal sum of ' , * * ' ° THREE .~'21;NDRED EIGU'"v S~'~:."? .... - ....... ., ,5 %0/10O ($3,, .50) 'i:CLLARS, by Civil Ju¢]g.-m. ent recorcied in O/fie{al Record P~ook 1739 The Board of County Commissioners of Collier County hereby ackno',.'!~,dc,,-~ payment and nat,s/action of said Lien, hereky surrender.c; th,? sa,~.e a;: cancelled and hereby directs th~ 'o , .- C~_rk of said Circui'- Ccurt to cance~ record. ~ ' IN WITNESS WHEREOF, the ~oard of Cou"ty ~---~-- ............. ionerz o~ Col!io~ Co,:nty Florida hereby clir~.-ts "~, ~ ~ Chairman. .... tn~:. Satinfact2on be executed in its name by its E×ecuted thin ~day of ~)~e~.ff__ ATTEST: COLLIER COUNTY, FLORIDA erKo~,,tne CircUit ~our~ Approved ar; ,Uo [orm and legal sufficiency: A~sistant Cou'n~y Attorney DOARD OF COCR;TY CO,~!SSiONERf: COLLIER COUNTY, FLORIDA · - ' · E, .E" - Prepar,::d Dy: DWIGHT E. REOCK CLERK OF T~[E CiRCUiT CC. CRT CRIMINAL DiViSiO:: *** 2315799 OR: 2416 PG: 3214 *** ~lC ~1 ~,~: SATISFACTION OF crvIL J'UDGMF2,1T LIFAg KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COb%;TY COFP{ISSIONERS OF COLLIER COL~;TY, FLORIDA, is the owuner and holder of a certain lien aqainst: DONALD LEE MCDONALD POST OFFICE BOX 147 · >PRI,~G.,, FI, 33923 CASE bL~BER: 92-6929-~{*~ bearing the date of llTH day of MAY 1993 recorded in the office of the Clerk of {he Circuit Court of Collier County, State of Florida securing the principal sum of ' **** FIVE. HIrNDRED NINE & NO/100 ($509.00) F/Su~RS, by Civil Jud?m. ent recorded in Official Record P, ook 996 PaGe The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said Lien, hereby surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the Lien of record. ~T,;E.~S ??HEREOF the Board or r ...... . , , . ,.o,],,.; Commissioners of Collier County. Florida, hereby direct:; that thin Satisfaction be ~,c'~,~,~ in Executed t.his....,~, day of. ATTEST: ""'" COLLIER COm,]TY, ~F~0~D,\ C]Ferk ,{~f. t-tlef~iZc[it Court Approved as r.o form and ~uffici~ncy: AsSistant Cc;u'nty Attorney By: C}I p' "T' '" "' ' ,.' c- BOARD OF C .... COLLIER CO~,ITy, FLOEiDA BARBARa% B. B~RRf, SO:; Prepared By: D;qIG}IT E. BROCK CLERK OF THE CIRCUIT ]'. ~). I',,OX ,11 · ~,~P,,E.-, FLORIDA 339'21-30,1,1 CRIMINAL DIVISION SATISFACTION OF CI'VIL ~ LIF'2,1 16C,-1 2315800 OR: PG: 32!5 CRIMINAL DIVISI0~ · KNOW ALL MEN BY THESE PP. ESENTS that the BOAED OF COUHTY COb2qlSSIOt.;ERS OF COLLIER COLD~I"£, FLORIDA, is the o'~er and holder of a certain lien against: I,rJIS - ,. 2831 STORTER AVEtK;E ttAPLES, FL 33962 CASE ~I~ER: 95-52,1-CFA bearing the date of 26TH day of AUGUST , i996 recorded in the office of the Clerk o[~hr~ Circuit Court eL Cell!er County StaLe of Florida securing the principal sum of ' ' , · ''' ~';O H:~J~=n FIVE by Civil Judgment record,?d in Official On~or¢~ P~ook 028 2222 Page The Board of ~ ~ · ' --- '" h..eD~ nowled,7,:s full pa~ent and satisfaction of said Lien hereby surren,l~.s t~ - ' ~, ... ~amn as canc~lled and her~,by direct thn Clerk of record. -~ .......... to concc,] tho Lion of lb; WITNESS P~{EREOF, the Board of Count}, Commissioners of Collier County, Florida, hereby directs that thin ~a_tion be executed in its na-~ by its Chairman Executed this ATTEST2 ' ' "'>' COLLIER'.COUNTY ,' F I]{TR. I DA /... "~.r Court ,',.~ · Appro~e~.a'~ '.ro form ,~nd le~l zufficioncy: A ....i~tan~ ' CounLY A~torney - - ,---:. -- .......... COLLIER COUNTY, FLORIDA BARBAPj~ B. BERRY, CHAIRPERSON Prep.]r,:.,.~ Ey: ..... ~..,.~ E. BROCK CLERK OF TIIE CiRCUiT COURT P 0 EO'z 41304,, CRIMIr;AL DIVISION