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Backup Documents 04/21/1998 RBCC REGULAR MEETING OF APRIL 2], ~998 o COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 21, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS W~IICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO qT{E COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MR~TING AND WILL BE HEARD UNDER "PUBLIC PETITIONS-. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NE. ED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCRRDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERRD PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) _M]qgUTES UNI.F. SS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRRn ARE AVAILABLE IN THE COUNTY COMMISSIONERS, OFFICE. LUNCH RECESS SCHED~ FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Rev. Charles West, Naples First Church of the Nazarene Pr,~nGE OF ALLEGIANCR APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 APPROVAL OF M_TNUTES Approved as presented - 5/0 A· March 31, 1998 - Workshop. B. March 31, 1998 - Special meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS o 1) Proclamation proclaiming April 22, 1998 as Keep Collier Beautiful Day. To be accepted by Steve Bigelow, Chairman of Keep Collier Beautiful. Adpopted - 5/0 2) Proclamation proclaiming the week of April 19-25, 1998 as Professional Secretaries Week. To be accepted by Barbara Pedone, Executive Secretary, County Administrator's Office Adopted - 5/0 ' 3) Proclamation proclaiming the week of April 19-25, 1998 as National Infant Immunization Week. To be accepted by Dr. Charles Konigsberg, Director, Collier County Health Department Adopted - 5/0 · 4) Proclamation proclaiming Saturday, May 2, 1998 as Paint Your Heart Out Day. To be accepted by Bill Brigham of the Collier County Banking Partnership and Whit Ward of the Collier Building Industry Association. Adopted - 5/0 5) Proclamation proclaiming the week of April 19-25, 1998 as Collier County Law Enforcement Volunteer Week. To be accepted by Sheriff Don Hunter on behalf of the Civilian Volunteer Program. AdiDopted - 5/0 6) Proclamation proclaimina the week of April 19-25, 1998 as National County Government Qeek. To be accepted by Robert Fernandez, County Administrator. Adopted - 5/0 B o SERVICE AWARDS Presented C o 1) Wesley Hill - Planning Services - 20 years. PRESENTATIONS , APPROVAL OF CL~'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS CO~ AI){'[NIS~'I'OR'S IU~PORT COMMUNITY DEVRT~PMENT & FJqVIRONN}UqTAL SERVICES 1) J. Richard Smith, representing the Golden Gate Estates Area Civic Association requesting a waiver of the fee for a "St)ecial Event Directional Sign Permit." Approved 5/0 2) Richard P. Melick, representing the Naples Concert Band, requesting a waiver for a "Special Event Directional Sign Permit." Approved 5/0 3) Paul Tateo, representing the Marco Island Charter Middle School, requesting a waiver of the application fees for a Site Development Plan. Approved 5/0 4) Staff report on the status of the Mocake PUD pursuant to section 2.7.3.4, and the failure of the property owner to submit amended PUD as directed by The Board of County Commissioners on April 23, 1997. Staff directed to advertise for a public hearing to rezone the property to Agriculture 5/0 B. PUBLIC WORKS Moved from Item %16B7 1) Adopt a Resolution authorizing the Acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the four-laning improvements for Radio Road (C.R. 856) Project from Santa Barbara Boulevard to Davis Boulevard (S.R. 84) CIE No. 16. Resolution 98-105 - Adopted 5/0 Added 2) Approve the County Administrator's Action to impose water restrictions and authorize the continuation of the current restrictions. (Staff's Request) Water restrictions to r-w~in in force until 6/15/98 - Approved 5/O C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY AI~[INI STRATOR F. AIRPORT AUTHORITY 9 . COUNTY ATTORNEY' S REPORT 10. BOARD OF COUNTY COMMISSIONERS 11. OTm~R I~ A. OTHRR CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Ty Agoston regarding ADG membership 2. Chief Bob Shank regarding East Naples Fire Control and Rescue District grants and memorandum of understanding 3. Fred Johnson regarding East Naples fire control and rescue district and separation of fire control and EMS PUBLIC HEARINGS WILL BE HEARD ~IATRI,Y FOLT~)WTNG STAFF ITEM-q 12. A/]VERTIS~ PUBLIC HEARINGS - BCe A. COMPREHENSIVE PLAN AMENIH~NTS B. ZONING AMEN])MENTS C. OTHER 1) CONTINUED FROM 4/7/98: Creation of an Impact Fee Ordinance for the Isles of Capri and the 0chopee Fire Control Districts. Ordinance 98-30 Adopted 5/0 13. BOARD OF ZONING APPEALS A. AI]VERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 1. Video Enhancements to be made in BCC Boardroom 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 1. Discussion regarding Code Enforcement Liens (Commissioner Mac'Kie) County Attorney to present report at 4/28/98 meeting 2. Discussion regarding Status of Republican Parties proposed Ethics Ordinance (Commissioner Mac'Kie) 3. Discussion regarding ADG Committee (Commissioner Hancock) 4. Discussion regarding EMS & Fire Districts in Collier County (Commissioner Hancock) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent AGenda and considered separately. Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to Grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Embassy Woods Golf and Country Club at Bretone Park Phase One". Resolution 98-102 2) Request to Grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Embassy Woods Golf and Country Club at Bretonne Park Phase Two" Resolution 98-103 3) Request to Grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Highlands Habitat" Resolution 98-104 4) Hire expert witnesses in the environmental science and engineering fields to support County staff's defense in an Administrative Hearing with the Florida Department of Community Affairs. B. PUBLIC WORKS 1) Recommendation to accept corrective legal document for East Naples Lely Hideaway Self Storage, LTD. Withdrawn 2) Approval to award Agreements for Underground Utility Contracting Services on an as needed basis (RFP 98-2783). 3) Acceptance of two (2) Temporary Construction Easements and one (1) Utility Easement from property owners to provide for interconnecting the City and County Water Systems in the event of an emergency. 4) Recognize, approve and appropriate a portion of the Golden Gate Beautification M.S.T.U. Fund 136 Carry Forward and Reserves for Landscape Management Expenses and transfer existing funds from Other Contractual Services to Improvements General. 5) Recommendation to approve a Budget Amendment for Cross Connection Parts. In the amount of $8~,630 6) Approve Budget Amendment for the purchase of a Pneumatic Piercing Tool. In the amount of $15,111 Moved to Item 18B1 7) Adopt a Resolution authorizing the Acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the four-laning improvements for Radio Road (C.R. 856) Project from Santa Barbara Boulevard to Davis Boulevard (S.R. 84) CIE No. 16. 8) Award Construction Contract to Mitchell & Stark Construction Company, Inc. for the Manatee School Ditch Relocation Project, Bid No. 98-2787. In the amount of $92,136. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Approval of a first amendment to ground lease between Collier County and the State of Florida, Department of Juvenile Justice. E. COUNTY ADMINISTRATOR 1) Budget amendment report. BA 98-195 and 98-187 F. BOARD OF COUNTY COMMISSIONER~ G. M~I2SCRr.r.ANF_~DUS CORRESPONDENCE 1) MISCRT.Tm~TEOUS ITEMS TO FILR FOR RECORD WITH ACTION AS DIREC~i. Ko. H. OTHER CONSTITUTION2%L OFFICER~ 1) Approval of a budget amendment for the use of Confiscated Trust Funds to support technical equipment. 2) Purchase of voting machines. 50 reconditioned Model III-A voting units 3) Authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 1996-1997 as required by Florida Statute. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THR. BOARD'S AG~ ._q~__OULn BE MADE TO THE CODlvrY ~~S'rKATOR'S OFFI_C~_. AT 774-8383. I II II I I ..... II IIIII III ! .................................. I IIIIIIIrl AGENDA CHANGES BOARD OF COUI~TY COMMISSIONERS' MEETING APRIL 21~ 1998, MOVE: ITEM 16(B)(7) TO 8(B)(I) - RESOLUTION AUTHORIZING THE GIFT, PURCIlASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR TIlE CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR RADIO ROAD PROJECT FROM SANTA BARBARA BLVD TO DAVIS BLVD., CIE No. 16. (STAFF'S REQUEST). ADD: ITEM 8(B)(2} - APPROVE THE COUNTY ADMINISTRATOR'S ACTION TO IMPOSE WATER RESTRICTS AND AUTHORIZE THE CONTINUATION OF THE CURRENT RESTRICTIONS. (STAFF'S REQUEST). WITHDRAW: ITEM 16{B}{2} - APPROVAL TO AWARD AGREEMENTS FOR UNDERGROUND UTILITY CONTRACTING SERVICES ON AN AS NEEDED BASIS (RFP 98-2783). (STAFF'S REQUEST). 5A1 PROCLAMATION WIIEREAS, as our community grows there are serious impacts on local transportation net work.,, services and our environment; and IVItEREAS, we are increasingly required to become more aware of the vital importance of taking care of our environment, individually and together, by keeping our community clean and healthy; and WHEREAS, the Board of Collier County Commissioners strongly support an organization or program designed to make the public aware of the need to dispose of waste properly, and an organization such as Keep American Beautiful, Inc. can promote cooperation between diverse components of our community and direct tVttEREAS, us in working together to keep Collier County clean and beautiful through a pub/ic/private p~artn~f~hip:.... .~ ,.~,. '~ Keep Collier Beautiful, Inc.: and the Boa~ of Cbllier Countyf. Joinm~sioner$ recognizes the benefits to be dertvcdpoin an organiiation such as Keep Collier Beautiful. Inc, to coordinate, plan and impleme.~} activities to keep Collier County clean and beautifid as our part in keeping America beautiful. NO IV THEREFORE, .be t~ proclaJmed by the Board of County Commissioners of Collier County, Florida, that April 22, 1998 be designated as the second anniversary of ~. ~?7~EP COLLIER B~~L DAY ~. ~....' ~ .~, ,. . , and Ibat Colger Co~ gove~ment pledg~ ~ active role and participation with the private $gclor IH O~ ob.~g~oHCg o~April as Earth Month, DONE AND ORDERED Tills 21st Day of April, 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAk~-AP~A n' 'BERRY, C~IA-IR'~I A: 0 L MA TION WHEREAS, administrative professionals play a vital role in the smooth functioning of businesses and organizations through effective handling of reports, scheduling. presentations and other administrative duties; and WHEREAS, administrative professionals represent the largest segment of the office workforce; and WHEREAS, administrative professionals continue to improve their skills to meet the changing needs of business as we approach the millennium. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida~ 1998 be designated as DONE AND and YEEK and to support DWIGHT E. BROCK, CLERK PROCLAMA TIOi¥ WHEREAS, every chiM born in Collier County deserves the best possible chance for a healthy start in life; and WHEREAS, the level of vaccine preventable disease has been reduced by more than 99% since the introduction of vaccine. Immunization is one of the most effective ways of protecting against disease. Every dollar spent on immunization saves as much as $29.00 in future health care cost; and WItERE3& the Collier County Health Department is committed to increasing public awareness of the needs to protect children against many contagious diseases that can cause high fever, cough, choking and breathing problems that can leave a child deaf, blind, orparalyzed; and WHEREAS, timing is the key for preventing life threatening childhood contagious disease.~ and by age two children should have received most of their immunizations; and WHEREAS, as a community priority the Collier County Health Department is asking this Commission to join togethe~ in an e. ffort to ensure that measures to support well chiM check ups an~., ~~d~ ~ha}..ktet~ children on the road to good health' an~(~, HEnEAS, we. as,CVt Oq esiaents, have a to t9 i unize or our chil~e~}~% ~o by ~ ~ ~-~ NO ~ THEREFO~ ~'~ proclai~d b) th~'B~rd o~Coun~ CommkgOn~s of Collier '::,~34~ ¢~f': ~ .) . .' :. . , . , · CO~ 3~Florida, that the Week Of ApriFJ9-25 1998 bedesl~ated as ~';~7¢ ~ DONE AND ORD~Hi&~J ~)~ BROCK, CLERK DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A~ARA B. B~ERR~, CH~ PROCLAMA TIQiy WHEREAS, the Board of County Commissioners of Collier County supports housing assistance to very Iow, low and moderate income families; and WHEREAS, the Board of County Commissioners of Collier County worlcr cooperatively with the City of Naples and area organizations to address community wide concerns; and WHEREAS, the Board of County Commissioners of Collier County has previously participated in PAINT YOUR HEART OUT events with local businesses, civic associations, youth groups and supports expanding the program to provide assistance to needy, Iow-Income, elderly households throughout Collier County; aha ,/" ~';;.; ~:~'$'* D,";'~'';~ '.';'6-. ..... ; ~' :' ::' ,;,,, L.:,*' . . WHEREAS, the Boa:d ~ ~.~ '~mmlS, tbfi~ri o/~C~!l'~u~~ COt. ty supports jommg force., wtt~ ~Gd~of Naples, the.~.Oll/~r Cqi~jy:~a~.~:n~. Partnerahip, Juvenile Court t~ ~./Jnent o/~u.~iJ{t{.e d~,ce,,l~ variety, of trad, brga~.lzations inch,din ~:~ civic?~ ~ionp~rofii 'O~anlzalto~ to promote p~ YOUR H~ R T NOW HEREFO~p~clatme~tbe Board V Coun~ ~~ers V Collier and urge all resi~~' ~,. ,~ -~ set tauntng Loltter LO~H~ a~ even more attractive and special place to live by participating in volunteer efforts. DONE ~ND ORDERED THIS 21st Day of dpril, 1998. PROCLAMATION WHER EA S, WItEREAS, WHEREAS, the week of April 19-25, 1998 as "National Volunte..r Week"; and the Sher!ff of Collier Count has designated this week as "Collier County Law EnfiJrcement Volunteer Week" in appreciation of the dedicated law enforcement volunteers serving this community; and last year over 70 volunteers of the Collier County Sheriffs Office unselfishly donated approximately I2,100 hours of service on behalf of the Collier County Sheriff's Office; and WHEREAS, WHEREAS, the volunteers of the Collier County Sheriff's Office perform in an exemplary dedicated and conscientious manner in many capacities and environments; and these volunteer services have saved Collier County taxpayers an estimated $121,000; and WHEREAS, this proclamation recognizes the tremendous contribution and experience our civil/an volunteers bringlo.lh¢ Collier Count Sheri s 0 tc t p~; ',~,~ ,: ~BOA~ O~COUNTY COMM~IONERS ' )~(COLLIER COUNTE ATTEST: E. BROCK, CLERK PROCLdlMA TION il71EREAS, America's earliest immigrants placed great faith in the county form of government, which traces its roots to Englishshire; and WHEREAS, county government Lg truly vital to the nation's citizenry, serving as the most resonant and pure of local government voices; and WHEREAS, when the federal government was formed, the framers of the constitution gave great weight to the importance of county government and its dual value to both the state and federal government; and WHEREAS, county government ~ primary concern ts to assure that county leaders provtde information and encouragement to its citizens so that together the), can build strong sustainable communities which nurture the economic, environmental and social well-being of all citizens; and WItEREAS, the quality of life for all Americans is dependent upon choices that accommodate economic development while preserving vital natural environmental systems' and . ~. .. . WHEREAS, natural scqo[c, ~tur~ ~ ~t°rlc~)e~O~ ~e important community asset,' and ~' '% h ~ .... ~ ..... ..:...a ~ ,' - ' ~ ~HEREAS, the p;~'~ ~ia~Hving' ~ '- ' '~"::at a ~;;;}tg ¢~jio~'}ih~uld ~'op,. and inclusive and r~fle~.i~ gi~erse ~pUlat~n °f a~ co~muhf~,:rmd. ;' ." .¥ WHEREAS, bt~i ~bmmuniti~ ~ the~.lurrbO.di~g a~eas ~ tnladependent, there t, a reco~td need fok collaborative approaches to problem solving' and WHEREAS, safe, ht~lthy dntgPbe commbnities ~ ~cessa~ to e~ure a high quality tf WHEREAS, com~i¢*tabiliiy':and soc~ Well-bbJng o hand In ~, and ~ItERE~S, com~u~l~ l~lders aad all ctltzens should ta~'a Mep to learn about re~ource, and prO~.aval{~lJ~7~.wOrk ~O ~rove their community ~ NOW THEREFORE be it proclat~d by }he Board o~Co~¢ CAmmissioners of CAiller CounO', Florida. that ~prll 19.25, 1998 be designated ar NATIONAL COUNTY GOVERNMENT WEEK DONE AND ORDERED THIS 21st Day of April, 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTE FLORIDA b~kJonr £. ~ROCK. Ct. eRK BAJ~ARA B.' BERJ~, CI~IRJ~N RESOI,UTION NO. 98- 10.5 A RESOLUTION AU'HIORIZING TIlE ACQUISITION OF LAND BY (;IF'I'. PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INI'ERESTS AND/OR PERPE'FUAL. NON-EXCLUSIVE. ROAD RIGI IT-OF-\VAY. SIDEWAI.K. SLOPE. I. JTII.H'Y. DRAINAGE. MAINTENANCF. AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR 'FILE CONSTRU('TION OF TI tE FOUR-LANING ROADWAY I M PROVEM ENTS FOR RADIO ROAD (C.R. 856) PROJECT [:ROM SANTA BARBARA BOUI.EVARI) 'FO DAVIS BOUI.EVARD (S.R. 84). \VIfEREAS. the Board of Counly Commissioners. on Octobcr 28. 1997. adoptcd Ortli,~ancc No. 97-55 fl~crcin cstablishing lhe 1997 (Scvcnlh Annual) Capital Inu~rovcmcnt l]lcn~cnl o1' thc' Growlh Mana~cmcn~ Plan in ordcr Io cs~ablish prioritics for thc design, acquisition and conslruclion oF the varintms capital improvement projecls. The Transpo~alion Element oF Ihe ('ounty's Comprehensive Plan was adopted in Ordinance No. 97-62: and WI tEREAS. Ihe Four-lanin~ improvemenls to Radio Road (C.R. 856) from Santa Barbara Boulevard to Davis Boulevard (S.R. 84) is one oFIhe capital improvement projecls required under Transporlation Element of the County's Comprehensive Plan; and Wi t EREAS, ~l~e Board oFCounty Commissioners, on November I, 1994. adopted Resolution No. 94-760 authorizing the Counly Stafflo acquire by ~ifi certain easements, and/or fee simple lille ~o the property and property interests required and necessa~ for the four-laning roadway improvements of Radio Road from Santa Barbara Boulevard Io Davis Boulevard; and WflEREAS. the location For construction oFthe proposed improvements has been ftxcd hy survey and is collectively represented by the legal descriptions comprisin~ Exhibit "A" attached hereto and inco~orated herein. WIIEREAS, after consideration oFthe availabilily oFallemate routes and locations. comparative cosls oF projecl alternatives, various impacts upon lhe environment. Ion~ range plannin~ options, and public safety considerations, lhe Board desires to exercise its right Io condenm prope~y For public pu~oses. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that it has been detemfined by the Board that the construction oF the Four-laning roadway improvements for Radio Road from Santa Barbara Boulevard to Davis Boulevard, fhereinaAer reFe~ed to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare oflhe cilizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is pan oFlh¢ County's long range planning effort, and is included in the Transportation Elemenl of the County's Comprehensive Plan {'or Grov.'th Management, as approved by lhc Florida Dcp:~rlmcnt of£'ommunity Affairs. AND tT IS FURTIIER RESOI.VED thai Iht Counly S~aff has reviewed allcrnalivc locations For the project, various impacts Io the environment, public safety and wclfi~rc considerations associated xvilh the design and construction of thc Project, anti thc costs associated with thc design. property rights acquisition, and construction o~thc Project; and thc Board fimls that after consideration of these issues, thc most feasible location for construction of tim proposed improvements is collectively represented by thc legal descriptions comprising Exhibit "A" attached hcrclo and Jnc~oralcd herein. AND IT IS FURTIIER RESOLVED that in order Io construct the Project as designed, ~t is ncccssa~ For thc Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title', perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage. maintenance and tcmpora~ construction interests by easement. AND IT IS FURTHER RESOLVED that all propc~y. ~vbcthcr encumbered by cascmcnl or acquired in fee simple, shall be put to public pu~oscs. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift. purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127. Florida Statutes, the above-referenced real property interests more paflicularly described in Exhibit "A" attached hereto and inco~oratcd herein. AND IT IS FURTHER RESOLVED that no mobile homes arc located on the properly sought to bc acquired and therefore it will not be nccessmy to remove any mobile homes from thc property to be acquired, This Resolution adopted on this ~ day oF~. 1998. after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK ~'...;[.;,:.'.,-.~ ,:: !..'. Approved as to fom'~ and legal sufficiency: Hcidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS By:~ SECTION 4, PROJECT: NO. 65031 PARCEL: 141 EXHIBIT "A" ~.',, I i,,: TOWNSHIP 4.9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LAND DESCRIPTION LAND DESCRIPTiON (~ ~:,~, .~ i ml~ I *, _t .j A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COI. UER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOV~: COMMENCING AT TNE NORTHVi~ST CORNER OF THE NORTHEAST QUARTER (NEll4) OF SAID SECTION 4; THENCE SOUTH 00'0~'18' EAST ALONG THE WESTERLY UNE OF SAID NORTHEAST QUARTER (NEll4,) FOR A DISTANCE OF 50.01 FEET TO AN tNTERSECTiON WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RADIO ROAD CC.R. 856)° THE POINT OF BEC4NNING OF THE HE. REIN DESCRIBED PARCEL OF LAND; THENCE NORTH 88'$1'3~' EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 0.47 FEET; THENCE SOUTH 89'48'23' EAST CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-wAY LINE FOR A DISTANCE OF 2644.77 FEET TO AN INTERSECTION WITH THE EASTERLY UNE OF 5AID SECTION 4; THENCE SOUTH 00'06'17' PEST ALONG SAID EASTERLY UNE FOR A DISTANCE OF 25.00 FEE T: THENCE LEAViNG SAID EASTERLY LINE NORTH 89'48'2.3' WEST FOR A DISTANCE OF 2644.44 FEET; THENCE SOUTH 88'$F$9' WEST FOR A DISTANCE OF 0.70 FEET TO AN INTERSECTION WITH THE SAID WESTERLY LINE OF THE NORTHEAST QUARTER THENCE NORTH 00'06'18' WEST ALONG SAID WESTERLY LINE FOR A OISTANCE DF 25.01 FEET TO THE POINT OF BEGINNING; CONTAINING 1.518 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENT5 AND RESTRICTIONS OF RECORD. RADIO ROAD (C.R. 856) SCALE: 1' .. 50' CENTERLIN£ cONsmucTION. BA~UNE SURVEY ,~;O SECTION RIGHT-OF-WAY UN'""C S 89'48'23'£ 2644. 77 RIGHT'S, OF-WA Y EASEMENT N 89'48'2J-W 2644.44 £NC£~EN T WEST CORNER ~ ~g N~ST ~ (NE i) ~ ~C~ 4-~2~ ~P~NT ~ /8~N~ N ~'31 3~'g 0.47 ~S ~'3~'3~'w ~7~" BEARINGS HEREON ARE BASE. D ON THE SOUTHERLY LI_N_E OF' THE SOUTHWEST QUARTER (SW~) OF SECTION v,~, TOWNSHIP 49 SOUTH, RANGE 25 EAST BEARING SOUTH 89'5~'28' EAST (ASSUMED). SKETCH AND DESCRIPTION NOT A SURVEY PREPARED BY FILE NO:. 2950 ACAD NO: PROJECT: NO. 6503.1 EXHIBIT "A " PARCZ,. Vn I i o: SECTION ~, TOWNSHIP 50 SOUTH, RANGE 26 EAST 00LLIER COUNTY, FLORIDA LAND. DESCRIPTION A P~CEL ~ ~NO L~NG IN SECTION ~, TO~IP 50 SOUTH, RAN~ 26 EAST, CO~ER C~N~, FL~IDA, S~D PARCEL OF LAND BEING MORE P~CUL~LY DESCRIBED AS F~O~: C~ME~ClNO AT N~T CORNER OF SAID SECTtON ~; ~ENCE S~TH 00~6'~' ~ST ALPC ~E ~S~RLY ~1~ OF SAID SEC~ON ~ FOR A D~STANCE OF ~0,00 FEET TO AN IN~RSEC~ ~ ~ EXlS~NG SOUTHERLY R~GHT-~-WAY LINE ~ RADIO ROAD (C,R, 856), ~AID IN~R~C~ BEING ~ POINT OF BEGINNING ~ ~E HEREIN DESCRIBED P~CEL ~ ~ENCE S~ 89'48"23' EAST ALONG SAID SOUTHERLY RICHT-~-WAY UNE F~ A D/ST~CE OF 0.~ ~ENCE NOR~ 89~3'~2' EAST CONTINUING ALONG SAID SOUTHERLY RI~T-OF-WAY LINE FOR A OIST~CE ~ 440, 70 FEET; ~ENCE LEA4NG SAID S~ERLY LINE SOUTH 00~6'48' EAST FOR A DISTANCE 25,~ FEET; ~ENCE S~ 89~3'~2' ~ST FOR A DISTANCE OF 440,77 FEET; ~ENCE NOR~ 89'48'23' ~ST FOR A DISTANCE OF 0,0~ ~ENCE N~TH 00~6'17' EAST FOR A DISTANCE OF 25.~ FEET TO ~E P~NT OF C~TAININC ~.253 ACRE5 ~ LAND, MORE OR LESS, SUB~CT TO EASEMEN~ AND RESTRICTIONS OF RECORO, POINT OF'j BEGINNING POINT OF COMMENCEMENT ' NORTHWEST CORNER OF SECTION ..%- 50- 2 6 RADIO ROAD (C.R. 856) /s 8~'~'2:'E N 8~.~',2'E 7 , 0.0~ ~ 440. 70 / ~ ~.,~.~:.~ ~"~.~',2'w ~ ~.77 SCALE: I' '= 50' PREPARED BY: BEARINGS HEREON ARE BASED ON 'DIE SOUTHERLY UNE OF THE SOUTHWEST QUARTER (Sil~ OF SECTION 36, TOI,~I,.~.flP 49 SOUTH, RANGE 25 EAST BEARING SOUTH 89"5~'28' EAST (ASSUME. D). SKETCH AND DESCRIPTION NOT A SURVEY FILE NO:. 2950 ACAD NO: 29.50-45 EXHIBIT "A " PROZCT: PARCE~ 144 ~'n J i r~: SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26EAST COLLIER COUNTY, FLORIDA LAND DESCRIPTION A P~CEL O; ~D L~NC IN ~C~ J. TO,SHiP 50 SOU~. R~ 26 EAST. C~UER C~N~. FL~IDA. SAID P~CEL ~ L~D BEING U~E PAR~CU~LY DESCRIBED AS F~O~: C~ENONG AT ~E N~ST C~NER ~ SAID ~C~ J: ~CE N~ EAST AL~G ~E N~ERLY LINE OF ~E N~ST ~ARTER (N~/4) OF SAID J FOR A DISTANCE ~ ~21.22 FEET; THENCE LEAwNG ~O N~LY UNE S~ERLY RI~T-~-WAy ~NE ~ RADIO ROAD (C.R. 856). ~E P~NT ~ BEGINNING ~ ~E HEREIN DES~IBED PARCEL ~ LAND: ~ENCE N~ 89'5J'12' EAST AL~G SAID SOUTHERL~ ~CHT-~-WAY LINE FOR A DISTANCE ~ 4J4.9~ FEET: ~ENCE ~AWNG SAID S~ERLY LINE SOUTH ~'06'48' EAST F~ A DISTANCE ~ 51.64 FEET TO A P~NT ~ IN~RSEC~ON ~ A N~-T~NT CUR~ ~ ~1~ ~E RADIUS POINT BEARS S~ 34'JJ'06' ~EHCE SOU~EAS~RLY ALON~ SAID CUR~. C~CA~ S~S~RLK HAWNG A ~ t079.54 FEET. ~ GENIAL AN~ ~ 04~5'J2' F~ AN ARC DIST~ ~ 80.25 FEET TO A P~NT ~ IN~SECP~ ~ A N~-TAN~NT UNE: ~ENCf N~S~RLY ~ONG SAID CUR~, CONCA~ SOU~S~RLY, HAWNG A RADIUS OF 9~4.64 FEET, A CENTRAL ANGLE OF 36'22'59' FOR AN ARC DISTANCE OF 580.80 FEET TO A P~NT ~ IN~R~C~ON ~TH A NON-TANGENT LINE; ~ENCE N~ O0'JO'll' EAST FOR A DISTANCE ~ 42.62 FEET TO ~E POINT OF C~TAINING 1.589 ACRE~ ~ LAND, M~E OR LESS. SUBJECT TO EA~MENTS AND RESTRIC~S OF RECORD. 89~'12'E N~ERLY UNE ~ ~E N~ST ~AR~R ~ ~ .. ~ . , ~ ~ ~"1 I~- ~o~.~ ~ ~ ~ I I~ - eo.~ ~ ~ L I~- ~o.~ eEARINGS HEREON ARE eASEo ON ~C.s_oq_m. {~A~ u~g c~ THE SOUTH~ST OUARZ~ (SW:d O~ SECTION ,36, TOWNSHIP 49 SOUTH, ~(AHC, t. ZD 'LAST BEARING SOUTH B9'56'28' EAST (ASSUMED). IIIj~Nou PREPARED BY: SKETCH AND DESCRIPTION NOT A SURVEY FI~ N~ AC~ SECTION 3, PROJECh NO. 6503! EXHIBIT "A" PAR~a.. ,~ I.'o I i o: 0039c~200()03 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LAND DESCRIPTION LAND D£SCRIP]~ON OF E,'~r. ,~i.,[,1~.. , i, A PARCEL OF LAND LYING IN SEC~ON .3, TO.SHIP 50 SOU~, RANGE 2~ EAST, COLLIER C~N~, FL~IDA. S~O PARCEL OF LAND BEING ~ORE PAR~CULARLY DESCRIBED AS F~ 0 ~: C~ENCING AT ~E N~ST CORNER OF SAID S[C~ON 3: ~ENCE NOR~ 89'53'12' EAST ~G ~E N~ERLY LINE ~ ~E NOR~ST OUAR~R (N~/4) ~ SAID 3 F~ A DISTANCE ~ ~322.02 FEET; ~ENCE LEA~N~ S~D NOR~ERLY LINE ~g'55' ~5T F~ A DISTANCE OF 149.71 FEET TO ~E P~NT ~ BE~NNING ~ ~E HEREIN DESCRIBED PARCEL OF LAND, SAID POINT BEING A POINT ~ IN~RSEC~ ~ A N~-TAN~T CUR~ FROM ~ICH ~E RADIUS P~NT BEARS SOU~ 38'48"38' ~ENCE S~EAS~RLY AL~G SAID CUR~, CONCA~ S~S~RLY, HA~NG A RADIUS ~ I07g.64 FEET, A C~TRAL ANGLE OF Ifl~8'24' FOR AN ARC DIST~CE OF 2~.43 FEE[ TO A POINT ~ TAN~NCY; ~ENCE S~ 35'52"58' EAST FOR A DISTANCE OF 10L13 FEET TO A POINT OF IN~R~C~ ~ A N~-TAN~ENT CUR~ FROM ~ICH ~E RADIUS POINT BEARS 34~7"43" EAS~ SAID IN~RSEC~ON BEING ON ~E NOR~S~RLY RI~HT-OF-WAY LINE ~ DA~S B~V~O (S.R. ~ENCE 5~S~RLY ALON~ SAID NORTH~STERLY RIGHT-OF-WAY LINE AND ALON~ SAID CUR~. C~CA~ SOU~EAS~RLY, HA~N~ A RADIUS OF 2939.79 FEE~ A CEN~AL ANGLE ~ 03~2"58" F~ ~ ARC DISTANCE OF 165.02 FEET TO A POINT OF INERSEC~ON ~ A N~-TAN~NT UNE; ~ENCE LEA~NG SND NOR~STERLY RI~T-OF-WAY UNE NOR~ 35'52'58' ~5T F~ A D/ST~CE ~ ~00.7~ FEET TO A POINT OF CURVA~RE; ~ENCE NOR~S~RLY ALONG SAID CUR~, C~CA~ S~TH~S~RL~ HA~NG A RADIU~ ~ 914.~4 FEET, A CEN~AL ~E OF 06'34'58" FOR AN ARC DISTANCE ~ 105.08 FEET TO A POINT ~ IN~RSEC~ ~ A NON-TANGENT UNE; ~ENCE NOR~ 00~"56' EAST FOR A DISTANCE OF 223.77 FEET TO ~E POINT OF BE~NNIN~; CONTAIN/N~ I.~31 ACRES ~ ~ND, MORE OR LESS. SUB,CT TO EASEMEN~ ~O RES~IC~ONS OF RECTO. N~ERLY UNE ~ ~E X · ., ICH - 28757 ~x-~ .~ ~ / --~ ~ · I01.~3 ~ A T A - 16~02 / ' ' ' I ....... ( ' ~' %~J~a. I~ = ~,~ ~ P~NT ~ N~ST C~NER ~ ~C~ IA - I0~ 3-5~26 I~ = 105.03 E~S~NG N~S~LY ICHB = N 39~0'27'W RI~T-~-WAY MNE BEARINGS HEREON ARE BASED ON THE SOU11*fERLY LINE OF THE SOU~V~ZST OUART~R (SW,~) OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST BEARING SOUTH 89'56'28' EAST (AS~JMED) PREPARED BY: SKETCH AND DESCRIPTION NOT A SURVEY FILE HO: 29.30 ACA~ NO: 2930-4,~1 To, Clerk to the Boards Collier County, FlorLda Fleaae place the £oll~lng aa a, [XX] No,al Legal Advertisaent [ ) Other, (DirplayAdv., Location, etc.) Originating Dept./Div. County Attorney Feraon, Date, (mi~ clearly) Petition No. No ~umber. Ordin~-ce - Islem of Capri --d Ochopee FAre IB~act Fee ;;~;~]**~Z;*:*;~;;;;*~ .................................................................................... County Atto~ey'm O~lce Eearing betore, (XX] aCC [ ] ~ZA ( ] Other ~equemted hearing da~e, 4/07/98 Based on advertimaen~ appearing 10 daym before hearing. Newmpaperim) to be used, (complete only ii hnportan2 [ ], [X] Naplem Daily News or legally required [ ] [ ] Other Proposed Text~ ~L~ OEDD;~C~ TO BE ~OWN ~ TI~ Z~LI~ OF ~RX ~ 0~0~ FX~ ~1~ ~10~C~ PROV~O D~F~ITIONS, R~ES OF CONSTRU~ION ~ ~~ ~O A ~ITA~ FI~ ~A~ ~1 ~T~ P~O~9 FOR ~OSITION OF ~A~ FEES ON ~L FIRE S~ST~ ~A~ ~N~TXU~ION OC~O N~ ~ ~ DXS~ ~ ~ I~LES OF COLLE~ION OF ~A~ FEES~ DEF~O ~ T~ FI~ ~TS~ ~A~ ~N~U~ION~ P~O~ ~ PA~ ~ USE OF P~OV~O FOR ~CL~SION ~ CODZ OF ~WS ~ O~S~ PRO~ ~ ZF~ DATE. C~anion peti~ion(s), if any, & proposed heaz~g dater NO~ Does Petition Fee include advertising cost? Yes [ ] No Ix] If yes, wha2 accost should be char~ed for ~eviewed by, ~~'-- ~ ~//~ )~ Approved bys Division Head e~ Co~ty~ager, Date ~i~= A=tac~en[,(1)~/O~CI (2)Append~ A, Append~ ~ & Append~ C (3) ~ac~ Fee Study A. Yo= hearin~ before SCC or ~ZA, ~itia~g per.on ~o c~lete one copy ~d ob~a~ Diviaien Head approval before a~i==ing =o Cowry M~ager. ~lt Ii 11~il ~ocalat il i~o1~1~. ~1 I=rl [~at ny alCllll~ review, or re~es= ~o= e~e. ia ~itte~ ~o Co~v A~o~ev belore ~it~in~ [o Co. tv M~a~er. The M~age='~ O~iice will diatr~ute copiea~ [ ] Co~7 M~ager agenda ~ile~ [ ] Xe~efthg Divimion~ [ ] Orighal to Clerk'~ O~ice B. ~, Initiat~g ~ to approve ~d s~ o=lg~al ~o Clerk's Oifice, re=aining a copy tor lile. ........................... (~.n~.ud~g ~ c=ve3:) ]. 2t~1 ~.i i11111111111111111111111111111111111111111111111111111111.111111 263--486~ !III!111111111111111111111111111111111111111i111111111111111111 JUDY AKEL Collier Count.'~Z C.o~-l:hot~se ,:~ FAX N6: (813) 774-8408 P.-~ONE'NO: (813) 774-8/+06 TOTAL t~PGS 35 oo March 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an ordinance regarding Isle of Capri and Ochopee Fire Impact Fees Dear Judi: Please advertise the above referenced notice one time on Friday, March 27, 1998, and kindly send the Affidavit of Publication, in duplicate, t¢.gether with charges involved to this office. Thank you. Sincerely, / ~Judy Akel, Deputy Clerk Account No. 146-144380-64900 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 7, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND OCHOPEE FIRE iMPACT FEE ORDINANCE, PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN FIRE IMPACT FEE STUDY; PROVIDING FOR IMPOSITION OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN THE AREAS DESCRIBED AS THE ISLES OF CAPRI ~4D OCHOPEE INCLUDING THE CITY OF EVERGLADES AND A PORTION OF CHOKOLOSKEE ISLAND; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTION; PROVIDING FOR PAYMENT AND USE OF MONIES; PROVIDING FOR ALTE~;ATIVE FEE CALCULATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING WAIVERS AND DEFERRALS; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS; DECLARING EXCLUSION FRO~ ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDI~G FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Judy Akel, Deputy Clerk (SEAL) ^GENo 'r ,ssm'rrAt Date Submitted March 12, 1998 linul~s ~ublic Pctitions Public Scrvi c,~s Attorn~ Public Ilcarin~ Communications Requested by: Cortsent A~.emla Division l lead: , Jr. · '. Item Title: CREATION OF AN IMPAffF FI~ OR,DllqAN~OR List of Documents Attached: I. Executive Summar~ (required) 3. Impact Fcc ¢~dinanc~ 5. Officers Comm,.mications ;'CONTROL DIS'I'R.IC'~. 12Ci'i' EXECUTIVE SUMMARY CREATION OF AN IMPACT FEE ORDINANCE FOR THE ISLES OF CAPRI AND THE OCHOPEE FIRE CONTROL DISTRICTS OBJECTIVE: To obtain Board of County Commissioner's approval to implement an Impact Fee Ordinance for the Isles of Capri and the Ochopee Fire Control Districts. CONSIDERATION: Impact fees are a method of assuring that development and growth bears a proportionate share of the cost of capital facilities as a result of growth and development necessary to protect the public health, safety, and welfare. The Ordinance would allow for funds collected from fire impact fees to be used for the purpose of land acquisition, capital improvements and expansion of fire protection services within their jurisdictions. FISCAL IMPACT: A Fire Impact Fee and methodology study for the Isles of Capri and Ochopee Fire Districts has been completed by Fishkind & Associates, Inc. The Impact Fee study projected that residential units and commercial developmenl could generate $925,730.82 in impact fees by the year 2020, or approximately $42,000.00 annually. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute an Impact Fee Ordinance for the Isles of Capri and the Ochopee Fire Control Districts. PREPARED BY: REVIEWED BY: APPROVED BY: /"/__.Z2 age, Commander Emergency Medical Service Department .) Diane Flagg, Chiel(J (~ Emergency Services Department Su~~,,~er~ice/s DiViSi°n-r ! ! ISLE OF CAPRI FIRE DISTRICT and OCHOPEE FIRE DISTRICT FIRE IMPACT FEE STUDY Prepared for: Diane B. Flagg, Chief Department of Fire & Emergency Services 3301 East Tamlami Trail Naples, Florida 34112 Prepared by: Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 July 30, 1997 I ! Isle of Capri Fire Distrist and Ochopee Fire District Fire Impact Fee Study I I I I I I I I ! I l ! I l 1.0 2.0 Introduction 1.1 1.2 Purpose of Impact Fees A pdmary rationale for implementing impact fees is to cause new growth to pay for its own capital needs without burdening existing taxpayers. State and federal subsidies for capital infrastructure are declining, increasing the costs to local government and the local population. Impact fees help replace these subsidies so that new growth pays for the infrastructure it needs. Another rationale for implementing impact fees is to synchronize the construction of new or expanded capital capacity with the construction of new development. The collection of impact fees provides an alternative to debt financing by providing a funding source for the new capital infrastructure. Properly designed impact fees will also provide greater cost recovery from development that is more expensive to serve. Standard flat fees or taxes may result in lower cost development subsidizing higher cost development. Impact fees can be designed to reduce or eliminate this disparity by requiring development to pay for its full share of the cost of capital infrastructure. Assignment Fishkind & Associates, Inc. has been contracted by Collier County to develop a fire impact fee and methodology for the Isle of Capri and Ochopee Fire Districts. Capital Improvements 2.1 Determining Quantity and Cost of Capital Improvements Over time, new growth has, and will continue to demand, a proportionate share of the services provided by the fire department. The development of high-rise buildings in Isle of Capd will increase the concentration of residents in the area and generate demand for a new fire station and equipment. The specific type of development ,will also generate demand for a specialized apparatus, an aerial truck. i l 1 I I ! I ! I ! ! ! ! ! ! ! 3.0 The increased residential development outside of Everglades City' in the Ochopee Fire District, has and will continue, to generate demand for another fire station. Although there are no fire facility standards in the two fire districts, the need for the additional fire stations and equipment are well documented by department staff. The value of the existing capital fadlities and equipment were provided by County Staff; the new fire fadl~ties and equipment has, when possible, been gathered from current sources. Most of the current costs were provided by the Chiefs of the two fire districts, Proportionate Share of Capital Costs 3.1 Purpose The purpose in calculating the proportionate share of capital costs is based upon the idea that: 1) new development should not impose a financial burden on the community and 2) that new development should not have to pay for existing deficiencies in the community. 3.2 Factors There are several factors which must be considered in calculating the proportionate share of capital costs. According to James Nicholas, et al in the book 'A Practitioner's Guide to Deve/opment Impact Fees,' these factors include: The cost of existing facilities The methods by which the existing capital improvements were financed The extent to which new developments have already contributed to the cost of the existing capital improvements through taxes and fees already paid The extent to which new developments will pay for existing capital improvements in the future through user fees, debt service payments, or other payments toward the cost of existing capital improvements The extent to which new developments are required to construct and/or dedicate capital improvements as conditions of development or construction approval Extraordinary costs, if any, in serving the new development [ I ! ! ! ! ! E ! ! 4.0 The time-price of differential inherent in fair comparisons of amount paid at different times. The current value of the existing fire department capital improvements are provided in Table 1. Ochopee Fire District's capital facilities and equipment are valued at $663,235. Isles of Capri Fire District's capital facilities and equipment are valued at $525,000. The majority of capital equipment was acquired through lease/purchase agreements. The lease payments have been paid through annual property tax assessments. Due to the relatively Iow taxable value of raw land in Collier County, only a small amount of the capital cost has been paid by undeveloped land through past ad valorem collections. Due to the high incidence of brush fires on vacant land in the County, any capital costs paid by vacant land would have already been used for brush fire protection. Therefore, no credit is deemed necessary for taxes already paid by vacant land owners in years prior to development. It is anticipated that property taxes funding the lease/purchase contract will continue to be the primary financing source for capital equipment. Therefore, new development should receive a credit for those future ad valorem taxes. The extraordinary costs of providing a new fire station and aerial truck in the Isle of Capri Fire District and two new fire stations in the Ochopee Fire District are primary reasons for the implementation of this fire impact fee. Calculation of Fire Impact Fee 4.1 4.2 Projected Capital Costs The projected capital requirements for Ochopee and Isle of Capd fire districts are provided in Table 2. The Ochopee fire distdct has a projected additional capital cost of $772,800 to cover the capital facilities and equipment necessary for new growth. The Isle of Capd Fire Distd~ has a projected additional capital cost of $779,600 to cover the capital facil:ties and equipment necessary for new growth. The total future capital cost is $1,552,400. Residential ' Commercial Ratio The second step in the impact fee calculation is to allocate the projected capital costs between residential and commercial users. A review of calls for service data showed that calls for service by the fire department were allocated approximately 60 percent to residential and 40 percent to commercial. Therefore, it is reasonable to allocate 60 percent of the costs to residential development and 40 percent of the costs to commercial development. I I ! ! ! ! ! ! ! ! ! ! !1 4.3 Current Level of Service Calculation The calculation of the current level of service is provided in Table 3. After depreciation, the value of the current capital facilities and equipment is $831,765. Using the 60:40 ratio, $499,059 of the current v&lue is allocated to existing residential development, and $332,706 is allocated to existing commercial development. With 1,727 residential units and 551,646 square feet of commercial development, the current level of service is: 4.4 4.4 $288.97 per residential unit and $ 0.60 per square foot of commercial space. Residential Development Population projections for both fire districts were provided by the Collier County Comprehensive Planning Section These figures were divided by the number of years (10) to obtain the average population increase per year. This average annual increase was used to calculate a population increase of 3,853 by the year 2020. The number of households was calculated by dividing the 2020 population projection by the average household size. Since the two fire districts have large seasonal population fluctuations, and the average household size has been declining, 2 people per household was used as the divisor. The total increase in households was calculated to be 1,926 units (Table 4). These 1,926 units were divided into the residential capital cost of $835,560 to get a gross impact fee of $433.78. Commercial Development No commercial development projections were available from the comprehensive planning department. Therefore, a ratio between the current number of commercial square feet and the current numt3er of households was created. This ratio was used to project an increase in commercial square feet of 615,291 by 2020 (Table 4). By dividing the commercial capital cost of $557,040 by the projected number of square feet provides a gross impact fee of $0.91 per :square foot of commercial development, tl ! 20 ! ,w I I I I I ! Table 3: Isle of Capri & Ochopee Fire Districts ..Current Cost per Unit Calculation Calls for Service Percent Total Gross Capital Value Depreciation Total Net Capital Value Total Residential Units Total Commercial Sq Ft Gross Cost per Unit $1,188,235 $831,765 Current Level of Service Cost/Unit 60% $499,059 1,727 $288.97 $288.97 4C~/o $332,706 551,646 $0.60 $0.60 l No current excess capacity Vehicle calls, brush fires and marine activities not included Costs based upon existing capital inventory less depreciation Commercial Square Feet includes capmgrounds0 hotels and motels 4.5 4.6 4.7 Credits for Future Payments It is anticipated that all property owners will continue to pay an ad valorem tax to cover the existing and replacement lease/purchase equipment. Therefore, a credit for these future payments must be deducted from the gross impact fee calculation. The present value of the current annual lease payment of $28,000 is calculated and then allocated to residential and commercial development by the cells for service ratio (Section 4.2 and Table 4). The credit for residential development is $116.21 per unit and the credit for commercial development is $0.24 per square foot. Net Impact Fee After the credit for future payments, the calculated net impact fee for residential development is $317.56 per unit. The net impact fee for commercial development is $0.66 per square foot. Since much of the demand for additional fire department facilities and equipment is created by the location of development rather than the amount of additional development, it is recommended that impact fees be established at the current level of service value of $288.97 per residential unit and $0.60 per square foot of commercial development. Extraordinary Capital Costs - High-Rise Development Add-On Fee High-rise development, three stories and higher, creates a unique demand on the fire departments. An aerial truck is required to properly fight fires in high-rise buildings. The cost of an aerial truck (approximately $309,000) is significantly higher than the standard pumper by about $159,000. This impact fee model assumes that: 1) the base cost (the cost of a pumper truck) would be covered by all development, but the additional cost of the aerial truck ($159,000) would be covered only by high-rise development; and 2) that the aerial truck could be used to respond to calls at Iow-rise and high-rise development. The Isle of Capd fire district currently has approximately 386 high-rise units. Assuming that there are 5 lots available for 20-story high-rise buildings of 125 units each, there will be an additional 625 high-rise units constructed. It would be inappropriate to charge the 625 units for the total incremental price of the aedal truck. Therefore, the $159,000 incremental cost is divided by ail 1,011 high-rise units. The additional aedal truck fee will be $157.27 per high-rise unit. ' ~ ,l~l ii Illlll I III Ill IIII I ~ II I ~ III III Table 4: Isle of Capri & Ochopee Fire Dlatricl~ I?..~.pact Fee Calculation Carls for Service Percent Total Capital Cosl for New Growth Less Aerial extra COsl Total Nel Capilal Cost Gross Cost per Unit Credits for Future Payments Calculated Nel Impact Fee Existing Level of Service Value Proposed Net impact Fee $1,552,400 $1,392,600 (8% 20 ~s.) Estimated High-Rise Units Current High-Rise Units Fulure High-Rise Units Cost of Aerial Cosl of Pumper Excess Cost of Aedal 1,011 386 625 $309,000 $150.00~ $159,000 Addllional Fee for High Rise Re$ldenllal: $835,560 $433.78/unil ~/unit $317.56 lunit $288.97/unil $288.97/unit $557,040 $0.91 /sq. ft. /sq. .66/sq. ft. $0.60/sq. ft. $o.6o/sq. ft. $157.27/unit Population Growth thru 202_~ Isle of Capri Population Growth Ochopee Population Growth Total Population Growth 2,017 (Based on Collier County Comprehen.~ve Planning 2007 projections) ~ (Based on Collier County Comprehensive Planning 2007 projections) 3,853 New Residential Unil~ lhru 2020 Isle of Capri Residential Units Ochopee Residential Units Tolal New Unils 1,009 1,926 units No current excess capacity Vehicle calls, brush fires and marine activities not included Existing level of service requirements equal existing capital costs less depreciation Commercial square feel includes capmgmunds, hotels and motels Population Growth includes seasonal POpulation People per Household: 2.0 Projecled Commercial Sq FVHH {551,646/1,747 319 Projected capital improvements/acqulsil]ons are part of Counly Comprehensive Plan 615,291 sq. fl. 4.8 Assumptions and Disclosures 1. This impact fee methodology assumes that there Is a nexus between the County's Comprehensive Land Use Plan, Capita/ Improvement Program and the proposed impact fees. These plans typically provide the basis for establishing the need for new capital infrastructure. 2. This impact fee methodology assumes that there is not any existing excess capacity that can adequately respond to new development. 3. This impact fee methodology does not make use of any existing facirrty or level of service standards. The lack of standards prevents the determination of existing shortfalls or excess capacity. 4. New capita/requirements were tied to the current level of service and may be deficient or may exceed future demand generated from new growlh. 5. This impact fee methodology assumes that all residentia! development has the same impact on the fire department. No calls for service data was available to distinguish between single family, multJfamily, and mobile homes. 6. This impact fee methodology assumes that all commercial development has the same impact on the fire department. No ca/is for service data was available to distinguish between the different types of commercial property. 7. No data was available for number of hotel units so they are included as commercial square feet. 8. This impact fee methodology assumes that the rescue boat operated by the isle of Capri Fire District benefits the entire county and should not be part of this district's impact fee schedule. ORDINANCE NO. 98 - AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND OCHOPKE FIRE I~(PACT FEE ORD INARCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN FIRE Ii(PACT FEE STUDY; PROVIDING FOR IMPOSITION OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT CONSTRUCTION O(~CURRING W~THIN THE ARF. AS DESCR/BED AS THE ISLES OF CAPRI AND OCHOPEE INCLUDING THE CITY OF EVERGLADES AND A PORTION OF CHOKOLOSKEE I SLARD; PROVIDING FOR PAYMENT AND CO~-?.~-CTION OF IMPACT FEES; DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTIOM; PROVIDING FOR PAYMENT AND USE OF )40NIES; PROVIDING FOR ALTERNATIVE FEZ CALCULATION; PROVIDING FOR ~iONS AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES; PROVIDING FOR COLLECTION OF I14~ACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING MAIVERS AND DEFZ~/~ALS; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVER~ THREE I'EARS; DECLARING EXCLUSION FROM ADMINISTRATIV~ PROCEDURES ACT; PROVIDING FOR INDMDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITT; PROVIDING FOR INCLUSION IN CODE OF LA~S AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ARTICLE I Section 1.01. Definitions When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "~u:ceslory Build/rig o~ Structure. shall mean a detached, subordinate building, the use of which is clearly indicated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable Bousing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth and established in Appendix A of this Ordinance. "A/ternative FAre Imp&st Fee Study. shall mean a study prepared by an Applicant or Owner and submitted to the County Manager pursuant to Section 2.04. "Alternative Impact Foe" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 or Section 3.08. -! . "~4~plioant" shall mean the person who applies for a Building Permit. "Bo&rd" shall mean the Board of County Commissioners of Collier County, Florida. "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the Fire Services System. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. "Buil~ling Per~ukt" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or buildings, such as a Mobile Home, that do not otherwise require a Building Permit in order to be occupied. "Comprehensive Plan" shall mean the Comprehensive Plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "County" shall mean Collier County, a political subdivision of the State of Florida. "County Attorney" shall mean the Person appointed by the Board to serve as its counsel, or the designee of such Person. "County Manager" shall mean the chief administrative officer of the County, appointed by the Board or the designee of such Person. "Dwelling Uni~" shall mean a Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. "En~-~re~" shall mean moneys committed by co~,tract or purchase order in a manner that obligates the County to expend the encumbered amount upon the delivery of goods, the rendering of services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. - 2 - "Fi~e Director- shall mean the Person appointed my the Boar~ or the County Manager to supervise the administration, operation and requisition of the Fire Services System or the designee of such person. "Fire District Area" shall mean those areas known as the Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island as described on Appendix "C". "Fire Imp&ct Foe Study- shall mean the study adopted pursuant to Section 1.04, dS amended and supplemented pursuant to Section 3.09. "Fire Services Sya~" shall mean the Buildings, land, apparatus and equipment provided by the County that are used primarily for the providing of medical care and the emergency transportation of the sick, injured or incapacitated upon the streets, highways, waterways or airways of Collier County. "Firm System Impact Conatruction,, shall mean land development construction designed or intended to permit a use of the land which will contain more Dwelling Units, Buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the Fire Services System. "Florida Local Government Development Agreement Act. shall mean the provisions of Sections 163.3220 through 163.3243, Florida Statutes, as amended or supplemented, or its successor in function. "Iud&ct Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. "Impact Foe Aa~,, shall mean the Impact Fee imposed for a particular Fire System Impact Construction under, the applicable Impact Fee land use category established in the schedules incorporated in Section 2.01 of this Ordinance. "Locel Government Co~rehensive Planniag and Lan4 Development Regul&tion A~t. shall mean the provisions of Part Chapter 163, Florida Statutes, as amended or supplemented, or its successor in function. "~x~ Uso Fi=o S~8~ ~ct Const~otion- shall mean a Fire System Impact Construct/on in which more than one I~pact Fee land use category is contemplated with each category consisting of a separate and iden~ifiable enterprise which is not - 3 - subordinate to or dependent on other enterprises within the Fire System Impact Construction. "~4obile B<~e" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to travel trailers, which are otherwise herein encompassed by the term "mobile home", travel trailer lots or spaces shall be classified in conformance with the definition of use provided for in the County's zoning regulations and Comprehensive Plan. "Owner', shall mean the Person holding legal title to the real property upon which Fire System Impact Construction is to occur. "Pm~son" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Residential. shall mean apartments, condominiums, Mobile Homes, Single Family Detached Hcuses or adult congregate living facilities, as those terms are defined by Section 400.402, Florida Statutes. "Single Family Detached Bouse" shall mean a home on an individual lot. "Squ&re Footage. shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the Building. Section 1.02. Rules of Construction For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this Ordinance and any caption? illustration, appendix, sun,nary table, or illustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. - 4 - D. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". X. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "etther...or,,, the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected terms, conditions, provisions or events may apply singly or in any combination. 3. "Elther...or,, indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. F. The word "includes- shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like-kind or character. Section 1.03. Fin~/ngs It is hereby ascertained, determined and declared that: A. Future growth represented by Fire System Impact Construction should contribute its fair share to the cost of improvements and additions to the Fire Services System that are required to accommodate the use of such facilities by such growth. B. Implementation of the Impact Fee structure to require future Fire System Impact Construction to contribute its fair share of the cost of improvements and additions to the Fire Services System is an integral and vital element of the regulatory plan of growth management incorporated in the Comprehensive Plan. C. The standard of service for the Fire Services System, as determined in the Fire Impact Fee Study, is hereby approved and adopted by the County and found to be in conformity with the Comprehensive Plan. D. Fire Services System planning is an evolving process and the standards of service in the Fire District Area for the Fire Services System constitutes a balancing of anticipated need for facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it - 5 - is the intent of the Board that the standard of service for the Fire Services System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. Z. The imposition of the Impact Fee is designed and intended to provide a source of revenue to fund the construction or improvement of the Fire Services System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. F. The Board specifically finds that fire services benefit the residents of the areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island and, therefore, the Impact Fees shall be imposed in areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Fire System Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Fire Services System generated by the Fire System impact Construction occurring subsequent to the effective date of this Ordinance. B. All improvements and additions to the Fire Services System needed to eliminate any deficiency between the existing Fire Services System and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the Fire Services System which are necessitated by Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. I. It is hereby declared to be the policy of the Board that the improvements and additions to the Fire Services System, required to accommodate future growth, shall be funded by the revenue derived from the Impact Fees. Therefore, credit shall be given for tax revenue sources which have been utilized in prior years for the funding of Fire Services System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or if additional revenue is received and committed for growth-necessitated improvements and - 6 - additions of the Fire Services System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.09 and credit shall be 9iven for any revenue which has been utilized for growth-required improvements and additions to the Fire Services System, J. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its land development regulations. Sectio~ 1.04. Adoption of Im~&ct Fee Study and Co=prehensive Plan. The Board hereby adopts and incorporates by reference the study entitled "~sle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997.", particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of additions to the Fire Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as it relates to the improvements and additions to the Fire Services System. ARTICI~ II IMPACT F~E Section 2.01. Imposition A. All Fire System Impact Construction occurring within the Fire District Area shall pay an Impact Fee in accordance with the schedule shown on Appendix B of this Ordinance. B. The Board hereby adopts the Impact Fees incorporated within Appendix B which shall be imposed upon all fire System Impact Construction occurring within the County. C. The Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and is intended to provide funds only for growth- necessitated improvements and additions to the Fire Services System. Section 2.02. Payment A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Impact Fee as set forth in Section 2.01. - 7 - 1. If the Fire System Impact Construction is located within the unincorporated area of the County, the Impact Fee shall be paid directly to the County. 2. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality by interlocal agreement or otherwise has agreed to require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. 3. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require the payment of the Impact Fee as a condition of the issuance of .a Building Permit by the municipality, then the Impact Fees shall be paid as provided in Section 3.06. B. The obligation for payment of the Impact Fee shall run with the land. C. In the event that a Building Permit that was issued for Fire System Impact Construction expires prior to completion of the Fire System Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Impact Fee. 1. The application for refund shall be filed with the County Manager and contain the following: a. The name and address of the Applicant; b. The location of the property which was the subject of the Building Permit; c. The date the Impact Fee was paid; d. A copy of the receipt of payment for the Impact Fee; and e. The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Fire System Impact Construction has not been completed, the County Manager shall refund the Impact Fee paid for such Fire System Impact Construction. 3. A Building Permit which is subsequently issued for Fire System Impact Construction on the same property which was the subject of a refund shall pay the Impact Fee as required by Section 2.01. - R - Section 2.03, Use o£ ~onles A. The Board hereby establishes a separate trust account for the Impact Fees, to be designated as the "Fire Impact Fee Trust Account" which shall be maintained separate and apart from ail other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. 4. The monies deposited into the Fire Impact Fee Trust Account shall be used solely for the purpose of providing growth- necessitated construction improvements and additions to the Fire Services System including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition including any costs of acquisition or condemnation; 4. Construction and design of Fire Services System Buildings, facilities or improvements and additions thereto; 5. Design and construction of drainage facilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 7. Landscaping, incident to or necessitated by the expansion of the Fire Services System Buildings, facilities or improvements and additions thereto; 8. Construction management or inspection; 9. Surveying, soils and material testing; 10. Acquisition of apparatus or equipment necessary to expand the Fire Services System; ll. Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the Fire Services System as herein provided; 12. Payment of principal and interest, necessary reserves and costs of issuance under any bond~ or other indebtedness issued by the County to fund growth-impacted improvements and additions to the Fire Services System; and 13. Waiver or Deferral of Impact Fees due an Applicant pursuant to Section 3.05. - 9 - 14. To the extent provided by law, reimbursement c~ costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. C. Funds on deposit in the Fire Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Fire System Impact Fee Trust Account shall be used solely to provide improvements and additions to the Fire Services System required by growth- generated by Fire System Impact Construction as identified in the Fire Impact Fee Study. I. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Fire Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the Fire Services System may, at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pursuant to Section 3.05 of this Ordinance. F. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property on behalf of which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Impact Fee. 2. The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: a. A sworn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid; - 10 - b. A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; c. A certified copy of the latest r~corded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; d. A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encu~ered on the basis of the first fee in shall be the first fee out. G. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to ds so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for growth-necessitated capital improvements and additions to the Fire Services System. Section 2.04. ~%ltmL'n&tive F~ Calctllation A. In the event an Applicant or Owner believes that the impact to the Fire Services System necessitated by his Fire System Impact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a Building Permit for such Fire System Impact Construction, submit a calculation of an Alternative Impact Fee to the office of the County Manager pursuant to the provisions of this Section. B. Upon timely submission of an Alternative Impact Fee calculation, the basis therefor and receipt of the Alternative Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting 12Cl" called for the purpose of reviewing the Alternative Impact Fee and shall provide the petitioner written notice of the time ant place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Impact Fee was submitted. C. The Alternative Impact Fee calculation shall be based on data, information or assumptions contained in this ordinance and the Fire Impact Fee Study or an independent source, provided that the independent source is a local study supported by a Professionally prepared data base determined to be adequate for the conclusions contained in such study, performed according to a generally-accepted methodology and based upon generally-accepted standard sources of information relating to facilities planning, cost analysis and demographics. D. If during a prior Alternative Impact Fee calculation process, an acceptable Alternative Impact Fee study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Fire Services System impact of such previously approved Fire System Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that such an impact study based upon an independent source conducted and accepted by the Board more than two years earlier is invalid. Z. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee complies with the requirements of this Section and that the Alternative Impact Fee was calculated by the use of a generally-accepted methodology, then the Alternative Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. F. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee does not comply with the requirements of this Section or is otherwise not equitable or that the Alternative Impact Fee was not calculated by the use of a generally-accepted methodology, then the County shall provide to the Applicant by certified mail, return-receipt requested, - 12 - written notification of the rejection of the Alternative Impact Fee and the reason therefor. G. At the sole discretion of the Board, the alternative impact fee review hearing may be adjourned or continued for up to thirty (30) days to cause further study or scrutiny of any proposed Alternative Impact Fee or Alternative Impact Fee study by either County staff or outside consultants. The final decision of the Board shall be in writing and issued within twenty (20) calendar days of the close of the review hearing. B. Any Applicant or Owner who has submitted a proposed Alternative Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Impact Fee is submitted, the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exemptions A. The following shall be exempted from payment of Impact Fees: 1. Alterations or replacement of a Dwelling Unit or Building with a new Dwelling Unit or Building of the same size or use and which will not increase the square footage associated therewith. 2. The construction of publicly-owned governmental buildings. 3. The issuance of a tie-down permit on a Mobile Home on which applicable Impact Fees have previously been paid. Section 3.02. Changes of Size and Use Impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling Unit or the construction of an Accessory Building if the alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined to: (1) increase the number of Dwelling Units; (2) increase the square footage; or (3) change the land - 13 - use so as to constitute a different Impact Fee land use category. The Impact Fee imposed under the applicable Impact Fee Rate be calculated as follows: A. If the Impact Fees are calculated on land use and no~ square footage, the Impact Fees imposed shall be the Impact Fee~ due under the applicable Impact Fee Rate for the Impact Fee lan~ use category resulting' from the alteration, expansion or replacement less the Impact Fee that would be imposed under the applicable Impact Fee Rate for the Impact Fee land use category prior to the alteration, expansion or replacement. B. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. C. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary building. Smctton 3.03. Veated A. Any Owner of land which was the subject of a development order prior to the effective date of this Ordinance may petition the Board for a vested rights determination which would exempt the Owner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; 2. Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance. 3. Other factors that demonstrate it is inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the petitioners to comply with the requirements 6f this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the petitioner the opportunity to complete the previously approved development: - 14 - 1 201" a. Whether the injury suffered by the petitioner outweighs the public cost of a11owin9 the development to go forward without payment of the Impact Fee required by this ordinance; and b. Whether the expenses or obligations for the development were made or incurred subsequent to the effective date of this Ordinance. B. The County Attorney shall make a written determination as to whether the Owner has a vested right and, if so, whether the vested right would exempt the Owner from the provisions of this Ordinance. C. Any Owner aggrieved by a decision of the County Attorney may appeal said decision pursuant to Section 3.08 to the Board within thirty (30) days of the date of the written decision, by filing said appeals with the Clerk to the Board and with a copy to the County Attorney. D. Any written agreement entered into prior to the effective date of this Ordinance between the Owner of any property and the County, which establishes, restricts or prohibits the imposition of Impact Fees by the County shall be binding upon the County and not subject to the provisions of this Ordinance. Provided, however, that if such written agreement is amended to increase the amount of Fire System Impact Construction permitted on the property, that such additional Fire System Impact Construction shall be required to pay the Impact Fee as provided by the Ordinance. Section 3.04. Intare,t to b~ Paid on Certain Rm£und~ A. Monies refunded in accordance with Subsection F of Section 2.03 shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at the rate of five percent (5%] simple interest. B. Except as provided for in Subsection "A' of this Section, no interest shall be paid upon the return of Impact Fees. Section 3.05. Affordable Houling A. Pursuant to the guidelines established in this Section, the County shall (1) waive or {2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Fire System Impact Construction which qualifies as Affo=dable Housing under Appendix A of this Ordinance. - 15- 1. Any person seeking an Affordable Housing waiver or deferral for proposed Fire System Impact Construction shall file with the County Manager an application for waiver or deferral, prior to receiving a Building Permit for the proposed Fire System Impact Construction. The application for waiver or deferral shall contain the following: a. The name and address of the Owner; b. The legal description of the Residential property upon which the Fire System Impact Construction shall be constructed; c. The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; d. The number of bedrooms in each Dwelling Unit of the Fire System Impact Construction. 2. If the proposed Fire System Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: 1. The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four (24} months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four - 16 - (24] month period, then the waived or deferred Impact Fee must be immediately repaid unless the Dwelling Unit :s solc to another qualifying Owner. 2. The Owner, or if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past three (3) years. 3. The Dwelling Unit must be the homestead of the Owner(s). 4. The Dwelling Unit must remain Affordable Housing for fifteen (15] years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: 1. The household renting the Dwelling Unit mus= have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in Appendix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A. 2. The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. I. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) - 17 - years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any ~mpact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.05 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a - 18 - non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in this Section 3.05 for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: 1. The legal description of the Dwelling Unit. 2. Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Fire System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. 3. For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For rental units, the Impact Fees deferred shall be repaid upon the disccntinuance of use of the Dwelling Unit as Affordable Housing o~ fifteen - 19- (15) years from the issuance of a certificate of occupancy, whichever occurs first. 4. For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. 5. The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment in full. In the case of a deferral, such release shall be recorded upon repayment in full. 6. Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in Section 3.05(H). An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificat~ of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix ;%. 7. Upon satisfactory completion of the agreement requirements, the County shall record any necessary - 20 - documentation evidencing same, including, but not limited to, a release of lien. 8. In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for Judgments calculated on a calendar day basis until paid. 9. The agreement shall be binding upon the O~ner's successors and assigns. 10. The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. All Impact Fees waived or deferred shall be paid by the Board into the Fire Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Fire Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix A or the minimum funding requirements adopted in this Section must occur as an - 21 - ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Fire System Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or Iow income levels and meeting all requirements, and subject to all conditions, of Section 3.05 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very low and/or low income levels if: {i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.05 of this ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the period of the deferral. However, the Board in its discretion may waive the requirement of additional or substitute collateral for rental Dwelling Units if the Owner or the general partner of Owner is a not-for-profit corporation or organization and the Dwelling Units to be constructed are detached single family houses. The Board in exercising its discretion shall consider the debt to equity ratio and the equity on the Dwelling Units available to cover the County's subordinate lien interest. Section 3.06. Altern&tive Collection Method In the event the Impact Fee is not paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming characterized as Fire System - 22 - Impact Construction, the County shall proceed to collect the Impact Fee as follows: &. The County shall serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Owne: at the add:ess appearing on the most recent records maintained by the Property Appraise: of the County. If the Building is under construction, the County shall also serve, by ce:tilled mail, return receipt requested, a notice of impact fee statement upon the Applicant at the address set fo:th in the application for Building Permit and make a diligent effort to also attach a copy of the notice of impact fee statement to the Building Permit posted at the affected const=uction site. Service shall be deemed effective on the date the :eturn receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The notice of impact fee statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: 1. The amount due and the general purpose for which the Impact Fee was imposed; 2. A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, by making application to the office of the County Manager. 3. The Impact Fee shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of service of the notice of impact fee statement if a hearing is not requested pursuant to Sections 2.04 or 3.07. 4. Upon becoming delinquent, the Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 5. In the event the Impact Fee becomes delinquent, a notice of claim of lien against the property will be recorded in the Official Records of the County. B. The Impact Fee shall be delinquent if, within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, neither the Impact Fees have been - 23 - paid and received by the County, nor has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08. In the event a hearing is requested pursuant to Sections 2.04 or 3.08, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said notice of impact fee statement or the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, the Impact Fees shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. C. Should the Impact Fee become delinquent as set forth in Subsection "B", the County shall serve, by certified mail return- receipt requested, a notice of lien upon the Applicant, if the building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The notice of lien shall serve to notify the delinquent Applicant and Owner, as the case may be, that failure to pay the Impact Fee has caused the County to file a notice of claim of lien with the Clerk of the Circuit Court. D. Upon mailing a notice of lien, the County Manager shall file a notice of claim of lien with the Clerk of th~ Circuit Court for recording in the Official Records of the County. The notice of claim of lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the Board, staff shall proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The County Manager shall file a notice of satisfaction of claim of lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Impact Fee, interest due, and any recording - 24 - expenses. Said notice of satisfaction of claim of lien shall reflect the appropriate recording information shown on the previously recorded notice of claim of lien. F. After the expiration of one year from the date of recording of the notice of claim of lien as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. G. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior to the interest on such parcel or property of any Owner, lessee, tenant, mortgagee or other Person except the lien of County taxes and shall be on a parity with the lien of any such County taxes until paid as provided herein. H. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any ordinance or administrative regulation of the County or any applicable law or administrative regulation of the State of Florida. Section 3.07. Developer Contribution Credit A. The County may enter into a contribution agreement with a developer which grants a credit against Impact Fees imposed by Section 2.01 in exchange for certain donations of land, apparatus or equipment, or for the construction or installation of certain Fire Services System Buildings, facilities or improvements and additions thereto. Such land donation, construction, and improvement shall be subject to the approval of the board and shall be an integral part of and a necessary accommodation to an existing or contemplated Fire Services System expansion. - 25 - S. The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: l. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of anticipated construction to the Fire Services System shall be based upon professional opinions of probable cost certified by a professional architect or engineer. 3. ~n the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Fire Services System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%} of the initial estimate of costs for contributions to the Fire Services System identified in the contribution agreement shall be actually applied or used in the calculation of available credit against Impact Fees. 4. The value of apparatus and equipment shall be based on the actual cost. 5. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. C. All construction cost estimates shall be ba~:ed upon, and all construction plans, specifications and conveyances shall be in conformity with the construction standards and procedures - 2G - of the County. All plans and specifications shall be approved by the County Manager prior to commencement of construction. D. Prior to issuance of a Building Permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for contributions to the Fire Services System. The proposed plan and estimates shall include: 1. A designation and description of the Fire System Impact Construction for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with Subsection "8 (1)' of this Section; 3. Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; 4. A proposed time schedule for completion of the proposed plan prepared by a professional architect engineer; and 5. A list of the contemplated Fire Services System improvements, apparatus, or equipment sought to be donated. 6. A written statement of the actual cost for any equipment or apparatus sought to be donated. 7. A Twenty-Five Hundred Dollar ($2,500) processing, review and audit fee payable to the County. E. Upon favorable review of the proposed plan, the County Manager shall schedule a presentation before the Bcard at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the presentation. F. The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: 1. Such proposed plan is in conformity with contemplated improvements and additions to the Fire Services System; 2. Such proposed plan, viewed in conJunc%ion with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Fire Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the Fire Services System; and 3. The proposed plan is consistent with the public interest; and 4. The proposed time schedule for completion of the plan is consistent with the most recently adopted five year capital improvement program for the Fire Services System. G. The processing, review and audit fee shall be returned to the Applicant if either the County Manager or the Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the Board authorizes the County Attorney to prepare a contribution agreement. H. Any contribution agreement shall at a minimum include and provide for: 1. Identification of the parties including a representation from the Owner(s) that he (they) is (are] the sole record owner(s) of the real property described in the contribution agreement. If requested by the County Attorney, the Applicant or Owner shall provide to the County Attorney, at no cost to the County, an attorney's opinion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lienholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 2. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of the Fire System Impact Construction lands subject to the agreement. 4. The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any moratoria, from the date of recording in the Official Records. - 28 - 5. A description of the contributions to the Fire Services System to be made pursuant to the agreement. 6. An acknowledgment that the contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the County. 7. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. Adoption of an approved time schedule for completion of the proposed improvements. 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection "B" of this Section. 10. A requirement that the Owner keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of the improvements to be contributed. This information shall be available to the County, o£ its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the termination of the contribution agreement. Il. A requirement that the credit for Impact Fees identified in the contribution agreement shall run with the subject Fire System Impact Construction lands and shall be reduced by the entire amount of the Impact Fee due on the first Building Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12. That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the contribution agreement. 13. An acknowledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. - 29 - 14. Compliance with the risk management guidelines which may be established by the County's Risk Management Department from time to time, including but not limited to insurance and indemnification language acceptable to the County. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 16. Modification or revocation of the contribution agreement as is necessary to comply with relevant State or Federal laws, if State or Federal laws are enacted after the execution of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 17. Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the contribution agreement. 18. Recording of the contribution agreement in the Official Records within fourteen (14) days after the County enters into the contribution agreement. 19. The ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. I. In the event the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Fire Services System proposed by the Applicant, the contribution agreement shall provide for future reimbursement to the Applicant or Owner of the excess of such contribution credit from future receipts by the County of Impact Fees. Such agreement or reimbursement shall not - 30 - be for a period in excess of five years from the date of recording the contribution agreement in the Official Records and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. J. In the event the amount of developer contribution pursuant to an approved plan of construction or donation of land exceeds the total amount of Impact Fee credits used on the benefiting Fire System Impact Construction lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from Impact Fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date or recording the contribution agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any Impact Fee credits shall be forfeited. K. Any Applicant or Owner who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest' and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. Soct:,:Lon 3.08. it,4vimw Hoat,.£~gs A. An Applicant or Owner who is required to pay an Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Impact Fee pursuant to Section 2.01. 2. A denial of an Affordable Housing waiver or deferral pursuant to Section 3.05. - 31 - 1 201 3. The failure to grant or the granting of an insufficient Alternative Impact Fee pursuant to Sectisn 2.04. 4. The granting of insufficient credits for the donation of land apparatus or equipment or construction of improvements and/or additions pursuant to Section 3.07. C. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of whichever of the following is applicable: 1. 2. 3. 2. 3. issued; 4. Receipt of a notice of impact fee statement; The denial of an Impact Fee waiver or deferral; Receipt of a vested rights determination pursuant to Section 3.03; and 4. The notification of the determination of any Alternative Impact Fee. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the office of the County Manager and shall contain the following: The name and address of the Applicant and Owner; The legal description of the property in que$:ion; If issued, the date the Building Permi~ was A brief description of the nature of the improvements on the property or the construction being undertaken pursuant to a Building Permit; 5. If paid, the date the Impact Fee was paid; and, 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and - 32 - evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under 'Protest' and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount approved upon completion of the review provided in this Section. Section 3.09. Review Requirement A. This Ordinance and the Fire Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at least every three (3) years. The initial and each review shall consider new estimates of populaticn and other socioeconomic data and changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions and findings set forth in the study adopted by Section 1.04. The purpose of this review is to ensure that the Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by Fire Services System Impact Construction. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section 1.04, revises or changes the Fire Services System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. - 33 - 12Cl B. Simultaneous with the review of the Fire Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements elements for the availability and adequacy of revenue sources to construct improvements and additions to the Fire Services System determined in the Fire Impact Fee Study to be required to accommodate existing development. Section 3.10. Decl&z&tion of Exclusion ftmaAch~niet~ati~ Procedures Act. Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.§2, Florida Statutes, or to otherwise subject the County to the application of the Administrative Procedure Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including, but not limited to, consideration of an Alternative Impact Fee calculation under Section 2.04, a determination of entitlement to an Impact Fee waiver or deferral pursuant to Section 3.05, the proposed plan for a developer contribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Ind/vidu&l Calculation of Lmm&ct Fees. A. In the event a Fire System Impact Construction involves a land use not contemplated under the Impact Fee land use categories set forth in Appendix "B", or a use of land which is so unique that it should be considered separate from the other Fire System Impact Construction contained within the land use category, the County Manager shall calculate appropriate Impact Fees based upon the impact of such Fire System Impact Construction on the Fire Services System. B. In the event Fire System Impact Construction involves a Mixed Use Fire System Impact Construction, the County Manager shall calculate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee land use category included in the proposed Mixed Use Fire System Impact Construction. Section 3.12. Conflict and Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest - 34 - of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3.13 IncluIion An Code of Lawl and OrcLtn&ncel The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance' may be changed to "section", "article", or any other appropriate word. Section 3.14. Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,I998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY Chairman Approved as to form and legal sufficiency: H~idi 7: 'As~t~n ' ~ Assistant County Attorney f:.',c~nano~g~ Imp~cl Fee~'lm - 35 - APPENDIX A AFFORDABLE HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standard.~ for Affordable Housing Dwelling units for the purpose of determining eligibilit'y for Impact Fee waivers and deferrals (herein referred Io as 'benef'~'). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very Iow income families means Ihose families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percenl (60%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall nct be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed Ihe rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program ~ the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Un~ts which exclusively serve yen/Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fitty percent (50%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve Iow income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance, e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shaJI have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. - 36 - 0 Fire Sen, ices System Impact Construction that meets the cr~erla se~ fo~ in Subsections B and C of ~ 3.05 constructed by an Agency of Collier County by an independent governmental agency pursuan! k~ an intedocal agreement wfth Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that consm~cfion waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An amendment to the Appendix shall require a public hearing of ~ Board of County Commissioners occurring after 5:00 p.m. - 37 - rTil I~OACT Residentl&~ $R88.97 per Dwelling Unit Commercial $ .60 per square Foot Additional Impact Fee for high rise development $157.27 per Dwelling Unit - 38 - 1201 APPENDIX C FIRE DISTRICT AREA ISLES OF CAPRI: Sections 19, 20, 21, 22, 27, 28.29, 30.31, 32.33 and .34 of Towmhip :51 South. Range 26 East. and those portions of Sections 4. :5 and 6 of Township 52 South. Range 26 East. which lie north of the Marco River. OCHOPEE: All of Township SOS of Range 34E~ Township 51S of Range 34E; Township 528 of Range 34E; Township S3S of Range 34E; Township SOS of Range 33E; Township 51S of Range 33E; Township 528 of Range 33E; Township 53S of Range 33E; Towmhip SOS of Range 32E; Township 51S of Range 32E; Township :525 of Range 32E; Township 53S of Range 32E; Township 50S of Range 31E; Township 51S of Range 31E; Township :528 of Range 31E; Township :53S of Range 31E; Township :505 of Range 3OE; Township 51S. Range 30E; Township 528. Range 30E; Sections 1.2,3.4,5.6.7.8.9,10.11.12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53S. Range 30E; Sections 1,2,11,12.13,14,23.24.25.26,35 and 36, Township SOS, Range 29E; Sex:tiom 1.2,11,12,13,14.23,24,25,26,35 and 36, Town.ship 515, Range 29E; Sectiom 1,2,11,12,13.14.18.19.20.21,22,23,24.25.26.27,28.35 and 36. Township S25. Range 29E; Sections 1,2,11,12,13,14,23.24.25.26 and 36. Township S3S. Range 29E; including the incorporated area of the City of Everglades being more particularly described as the Town of Everglades as described in Plat Book i. pages $7-95 of the Public Records of Collier County. Florida; and including Sections 3,4,5,6,8.9.10.11,13.14 and 24. Township 528. Range 28E; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township SIS. Range 27E; Section 1, Township 525. Range 27E. - 39- 12(;1. ORDINANCE NO. 98 - AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND OCHOPEE FIRE IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN FIRE IMPACT FEE STUDY; PROVIDING FOR IMPOSITION OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN THE AREAS DESCRIBED AS THE ISLES OF CAPRI AND OCHOPEE INCLUDING THE CITY OF EVERGLADES AND A PORTION OF CHOKOLOSKEE ISLAND; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTION; PROVIDING FOR PAYMENT AND USE OF MONIES; PROVIDING FOR ALTERNATIVE FEE CALCULATION; PROVIDING FOR EXE~PTIONS AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING WAIVERS AND DEFERRALS; PROVIDING INTEB~ST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. :;OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSiOt;ER£ bF COLLIER COUNTY, FLORIDA, that: /%RTI CLE I GENERAL Section 1.01. Definitions When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Accessory Building or Structure,' shall mean a detached, subordinate building, the use of which is clearly indicated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Buildiag. "Affordable Housing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth and established in Appendix A of this Ordinance. "Alternative FAre Impact Fee Study" shall mean a study prepared by an Applicant or Owner and submitted to the County Manager pursuant to Section 2.04. "Alternative Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 ¢,r Section 3.08. - 1 - 12¢1 "~pli:ant" shall mean the person who applies for a Building Permit. "Soatd" shall mean the Board of County Commissioners of Collier County, Florida. "Building,, shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the Fire Services System. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. "Building Permit" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or buildings, such as a Mobile Ho~e, that do not otherwise require a Building Permit in order to be occupied. "Comprehensive Plan" shall mean the Comprehensive Plan of the County a~opted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "County,' shall mean Collier County, a political subdivision of the State of Florida. "County Attorney,, shall mean the Person appointed by the Board to serve as its counsel, or the designee of such Person. "County Manager,, shall mean the chief administrative officer of the County, appointed by the Board or the designee of such Person. "Dwelling Unit" shall mean a Building or portion cf a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. "Encnmbered,, shall mean moneys committed by contract or purchase order in a manner that obligates the County to exoend the encumbered amount upon the delivery of goods, the rendering of services cr the conveyance of 'real property interests by a vendor, supplier, contractor or Owner. - 2 - "Fire Director,, shall mean the Person appointed by the Board or the County Manager to supervise the administration, operation and requisition of the Fire Services System or the designee of such person. "Firm District Area', shall mean those areas known as the Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island as described on Appendix "C". "Fire Impact Fem Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.09. "Fire Services System,, shall mean the Buildings, land, apparatus and equipment provided by the County that are used primarily fcr the providing of medical care and the emergency transportation of the sick, injured or incapacitated upon the streets, highways, waterways or airways of Collier County. "Fire System Impact Construction,, shall mean land development construction designed or intended to permit a use of the land which will contain more Dwelling Units, Buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the Fire Services System. "Florida Local Government Development Agreement Act" shall mean the provisions of Sections 163.3220 through 163.3243, Florida Statutes, as amended or supplemented, or its successor in function. "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. "Impact Fee Rate" shall mean the Impact Fee imposed for a particular Fire System Impact Construction under the applicable Impact Fee land use category established in the schedules incorporated in Section 2.01 of this Ordinance. "Local Government Comprehensive Planning and Land Development Regulation Act" shall mean the provisions of Part II, Chapter 163, Florida Statutes, as amended or supplemented, or its successor in function. "Mixed Use FAre System Impact Construction,, shall mean a Fire System Impact Construction in which more than one Impact Fee land use category is contemplated with each category consisi:ing of a separate and identifiable enterprise which is not - 3 - subordinate to or dependent on other enterprises within the Fire System Impact Construction. "Mobile Home" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to travel trailers, which are otherwise herein encompassed by the term "mobile home", travel trailer lots or spaces shall be classified in conformance with the definition of use provided for in the County's zoning regulations and Comprehensive Plan. "Owner" shall mean the Person holding legal title to the real property upon which Fire System Impact Construction is to Occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Residential" shall mean apartments, condominiums, Mobile Homes, Single Family Detached Houses or adult congregate living facilities, as those terms are defined by Section 400.402, Florida Statutgs. "Single Family Detached House" shall mean a home on an individual lot. "Square Footage" shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the Building. Section 1.02. Rules of Construction For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, appendix, summary table, or illustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. c. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. - 4 - D. The phrase "used for" includes "arranged for", eslgned for", "maintained for", or "occupied for". E. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or-, the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected terms, conditions, provisions or events may apply singly or in any combination. 3. "Either...or,, indicates that the connected items, conditions, provisions or events sh~il apply singly but not in combination. F. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like-kind or character. Section 1.03. Findings It is hereby ascertained, determined and declared that: A. Future growth represented by Fire System Impact Construction should contribute its fair share to the cost of improvements and additions to the Fire Services System that are required to accommodate the use of such facilities by such growth. B. Implementation of the Impact Fee structure to require future Fire System Impact Construction to contribute its fair share of the cost of improvements and additions to the Fire Services System is an integral and vital element of the regulatory plan of growth management incorporated in the Comprehensive Plan. C. The standard of service for the Fire Services System, as determined in the Fire Impact Fee Study, is hereby approved and adopted by the County and found to be in conformity with the Comprehensive Plan. D. Fire Services System planning is an evolving process and the standards of service in the Fire District Area for the Fire Services System constitutes a balancing of anticipated need for facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it -5- is the intent of the Board that the standard of service for the Fire Services System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Impact Fee is designed and intended to provide a source of revenue to fund the construction or improvement of the Fire Services System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. F. The Board specifically finds that fire services benefit the residents of the areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island and, therefore, the Impact Fees shall be imposed in areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Fire System Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Fire Services System generated by the Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. H. All improvements and additions to the Fire Services System needed to eliminate any deficiency between the existing Fire Services System and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the Fire Services System which are necessitated by Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. I. It is hereby declared to be the policy of the Board that the improvements and additions to the Fire Services System, required to accommodate future growth, shall be funded by tke revenue derived from the Impact Fees. Therefore, credit shall be given for tax revenue sources which have been utilized in prior years for the funding of Fire Services System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or if additional revenue is received and committed for growth-necessitated improvements and - 6- additions of the Fire Services System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.09 and credit shall be given for any revenue which has been utilized for growth-required improvements and additions to the Fire Services System. J. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its land development regulations. Section 1.04. Adoption of Impact Fem Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study entitled "Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997.", particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of additions to the Fire Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as it relates to %he improvements and additions to the Fire Services System. ARTICLE II IMPACT FEE Suction 2.01. Imposition A. Ail Fire System Impact Construction occurring within the Fire District Area shall pay an Impact Fee in accordance with the schedule shown on Appendix B of this Ordinance. B. The Board hereby adopts the Impact Fees incorporated within Appendix B which shall be imposed upon all Fire System Impact Construction occurring within the County. C. The Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and is intended to provide funds only for growth- necessitated improvements and additions to the Fire Services System. Section 2.02. Payment A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Impact Fee as set forth in Section 2.01. - 7 - 1. If the Fire System Impact Construction is located within the unincorporated area of the County, the Impact Fee shall be paid directly to the County. 2. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality by interlocal agreement or otherwise has agreed to require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. 3. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require the payment of the Impact Fee as a condition of the issuance of a Building Permit by the municipality, then the Impact Fees shall be paid as provided in Section 3.06. B. The obligation for payment of the Impact Fee shall run with the land. C. In the event that a Building Permit that was issued for Fire System I~pact Construction expires prior to completion of the Fire System Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Impact Fee. 1. The application for refund shall be filed with the County Manager and contain the following: a. The name and address of the Applicant; b. The location of the property which was the subject of the Building Permit; c. The date the Impact Fee was paid; d. A copy of the receipt of payment for the Impact Fee; and e. The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Fire System Impact Construction has not been completed, the County Manager shall refund the Impact Fee paid for such Fire System Impact Construction. 3. A Building Permit which is subsequently issued for Fire System Impact Construction on the same property which was the subject of a refund shall pay the Impact Fee as required by Section 2.01. - 8 - Section 2.03. Use of Monies A. The Board hereby establishes a separate trust account for the Impact Fees, to be designated as the "Fire Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Fire Impact Fee Trust Account shall be used solely for the purpose of providing growth- necessitated construction improvements and additions to the Fire Services System including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition including any costs of acquisition or condemnation; 4. Construction and design of Fire Services System Buildings, facilities or improvements and additions thereto; 5. Design and construction of drainage facilities required by the construction of Fire Services System Buildings., facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 7. Landscaping, incident to or necessitated by the expansion of the Fire Services System Buildings, facilities or improvements and additions thereto; 8. Construction management or inspection; 9. Surveying, soils and material testing; 10. Acquisition of apparatus or equipment necessary to expand the Fire Services System; 11. Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used to fund construction, acquisition of improvements and additions to the Fire Services System as herein provided; 12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth-impacted improvements and additions to the Fire Services System; and 13. Waiver or Deferral of Impact Fees due an Applicant pursuant to Section 3.05. - 9- .t2¢I 14. To the extent provided by law, reimbursement of costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. C. Funds on deposit in the Fire Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Fire System Impact Fee Trust Account shall be used solely to provide improvements and additions to the Fire Services System required by growth- generated by Fire System Impact Construction as identified in the Fire Impact Fee Study. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Fire Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not ,needed for improvements and additions to the Fire Services System may, at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pursuant to Section 3.05 of this Ordinance. F. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property on behalf of which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary of the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Impact Fee. 2. The petition for refund shall be submitted to the County Manager, on a form approved by the County Manager, and shall contain: a. A sworn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid; - l0 - b. A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; c. A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; d. A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within the applicable time period, then it .shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. G. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for growth-necessitated capital improvements and additions to the Fire Services System. Section 2.04. Alternative Fee Calculation A. In the event an Applicant or Owner believes that the impact to the Fire Services System necessitated by his Fire System Impact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a Building Permit for such Fire System Impact Construction, submit a calculation of an Alternative Impact Fee to the office of the County Manager pursuant to the provisions of this Section. B. Upon timely submission of an Alternative Impact tee calculation, the basis therefor and receipt of the Alternatlve Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting - 11 - called for the purpose of reviewing the Alternative Impact Fee and shall provide the petitioner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Impact Fee was submitted. C. The Alternative Impact Fee calculation shall be based on data, information or assumptions contained in this ordinance and the Fire Impact Fee Study or an independent source, provided that the independent source is a local study supported by a professionally prepared data base determined to be adequate for the conclusions contained in such study, performed according to a generally-accepted methodology and based upon generally-accepted standard sources of information relating to facilities planning, cost analysis and demographics. D. If during a prior Alternative Impact Fee calculation process, an acceptable Alternative Impact Fee study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Fire Services System impact of s~ch previously approved Fire System Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Impact Fee shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that such an impact study based upon an independent source conducted and accepted by the Board more than two years earlier is invalid. E. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee complies with the requirements of this Section and that the Alternative Impact Fee was calculated by the use of a generally-accepted methodology, then the Alternative Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. F. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee does not comply with the requirements of this Section or is otherwise not equitable or that the Alternative Impact Fee was not calculated by the use of a generally-accepted methodology, then the County shall provide to the Applicant by certified mail, return-receipt requested, - 12 - 1201 written notification of the rejection of the Alternative Impact Fee and the reason therefor. G. At the sole discretion of the Board, the alternative impact fee review hearing may be adjourned or continued for up to thirty (30) days to cause further study or scrutiny of any proposed Alternative Impact Fee or Alternative Impact Fee study by either County staff or outside consultants. The final decision of the Board shall be in writing and issued within twenty (20) calendar days of the close of the review hearing. ~. Any Applicant or Owner who has submitted a proposed Alternative Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Impact Fee is submitted, the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Exemptions A. The following shall be exempted from payment of Impact Fees: 1. Alterations or replacement of a Dwelling Unit or Building with a new Dwelling Unit or Building of the same size or use and which will not increase the square footage associated therewith. 2. The construction of publicly-owned governmental buildings. 3. The issuance of a tie-down permit on a Mobile Home on which applicable Impact Fees have previously been paid. Section 3.02. Changes of Size and Use Impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling Unit or the construction of an Accessory Building if the alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined to: (1) increase the number of Dwelling Units; (2) increase the square footage; or (3) change the land - 13 - 1 £¢1 "'" use so as to constitute a different Impact Fee land use category. The Impact Fee imposed under the applicable Impact Fee Rate shall be calculated as follows: A. If the Impact Fees are calculated on land use aha not square footage, the Impact Fees imposed shall be the Impact Fees due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion or replacement less the Impact Fee that would be imposed under the applicable Impact Fee Rate for the Impact Fee land use category prior to the alteration, expansion or replacement. B. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. C. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary building. Section 3.03. Vested R/ghts A. Any Owner of land which was the subject of a development order, prior to the effective date of this Ordinance may petition the Board for a vested rights determination which would exempt the Owner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; 2. Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance. 3. Other factors that demonstrate it is inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the petitioner the opportunity to complete the previously approved development: - 14 - 2C1 1. Any person seeking an Affordable Housing waiver or deferral for proposed Fire System Impact Construction shall file with the County Manager an application for waiver or deferral, prior to receiving a Building Permit for the proposed Fire System Impact Construction. The application for waiver or deferral shall contain the following: a. The name and address of the Owner; b. The legal description of the Residential property upon which the Fire System Impact Construction shall be constructed; c. The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; d. The number of bedrooms in each Dwelling Unit of the Fire System Impact Construction. 2. If the proposed Fire System Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager ~hall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: 1. The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or w~thin thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four - 16- (2~) month period, then the ~a£ved or deferred Impact Fee must be immediately repaid unless the Dwelling Unit is sold to another qualifying Owner. 2. The Owner, or if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past three {3) years. 3. The Dwelling Unit must be the homestead of the Owner(s). 4. The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. c. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: 1. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold.and during the duration thereof, as those terms are defined in Appendix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A. 2. The Dwelling Unit must be the househoid's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due ~nd shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.05 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a - 18 - non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in this Section 3.05 for fifteen (15} years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: 1. The legal description of the Dwelling Unit. 2. Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Fire System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP] Frogram funds will only be granted directly to buyers meeting Appendix A qualifications and approval prior to Buildin] Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. 3. For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen - 19- 12C1 (15) years from the issuance of a certificate of occupancy, whichever occurs first. 4. For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. 5. The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in the event of non-compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the Dwelling Unit. The lien shall terminate upon the.recording of a release or satisfaction of lien in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment in full. In the case of a deferral, such release shall be recorded upon repayment in full. 6. Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in Section 3.05(H). An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. 7. Upon satisfactory completion of the agreament requirements, the County shall record any necessary - 20 - 1201 documentation evidencing same, including, but not limited to, a release of lien. 8. In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for Judgments calculated on a calendar day basis until paid. 9. The agreement shall be binding upon the Owner's successors and assigns. 10. The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. All Impact Fees waived or deferred shall be paid by the Board into the Fire Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or deferral as provided herein, but in no event, later than that time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Fire Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Urits serving the very low and low income levels. K. Any changes or amendments to Appendix A or the minimum funding requirements adopted in this Section must occur as an - 21 - 1201" ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Fire System Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Section 3.05 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very low and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.05 of this ordinance) for a minimum of 15 years. N. The ~oard, in its discretion, may agree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the period of the deferral. However, the Board in its discretion may waive the requirement of additional or substitute collateral for rental Dwelling Units if the Owner or the general partner of Owner is a not-for-profit corporation or organization and the Dwelling Units to be constructed are detached single family houses. The Board in exercising its discretion shall consider the debt to equity ratio and the equity on the Dwelling Units available to cover the County's subordinate lien interest. Section 3.06. Alternative Collection Method In the event the Impact Fee is not paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming characterized as Fire System - 22 - 12Ci Impact Construction, the County shall proceed to collect the Impact Fee as follows: A. The County shall serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. If the Building is under construction, the County shall also serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Applicant at the address set forth in the application for Building Permit and make a diligent effort to also attach a copy of the notice of impact fee statement to the Building Permit posted at the affected construction site. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The notice of impact fee statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: 1. The amount due and the general purpose for which the Impact Fee was imposed; 2. A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, by making application to the office of the County Manager. 3. The Impact Fee shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of service of the notice of impact fee statement if a hearing is not requested pursuant to Sections 2.04 or 3.07. 4. Upon becoming delinquent, the Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 5. In the event the Impact Fee becomes delinquent, a notice of claim of lien against the property will be recorded in the Official Records of the County. B. The Impact Fee shall be delinquent if, within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, neither the Impact Fees have been - 23 - paid and received by the County, nor has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08. In the event a hearing is requested pursuant to Sections 2.04 or 3.08, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said notice of impact fee statement or the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, the Impact Fees shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. C. Should the Impact Fee become delinquent as set forth in Subsection "B", the County shall serve, by certified mail return- receipt requested, a notice of lien upon the Applicant, if the building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The notice of lien shall serve to notify the delinquent Applicant and Owner, as the case may be, that failure to pay the Impact Fee has caused the County to file a notice of claim of lien with the Clerk of the Circuit Court. D. Upon mailing a notice of lien, the County Manager shall file a notice of claim of lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The notice of claim of lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the Board, staff shall proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The County Manager shall file a notice of satisfaction of claim of lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Impact Fee, interest due, and any recording - 24 - expenses. Said notice of satisfaction of claim of lien shall reflect the appropriate recording information shown on the previously recorded notice of claim of lien. F. After the expiration of one year from the date of recording of the notice of claim of lien as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. G. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior to the interest on such parcel or property of any Owner; lessee, tenant, mortgagee or other Person except the lien of County taxes and shall be on a parity with the lien of any such County taxes until paid as provided herein. H. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any ordinance or administrative regulation of the County or any applicable law or administrative regulation of the State of Florida. Section 3.07. Developer Contribution Cred/t A. The County may enter into a contribution agreement with a developer which grants a credit against Impact Fees imposed by Section 2.01 in exchange for certain donations of land, apparatus or equipment, or for the construction or installation of certain Fire Services System Buildings, facilities or improvements and additions thereto. Such land donation, construction, and improvement shall be subject to the approval of the Board and shall be an integral part of and a necessary accommodation to an existing or contemplated Fire Services System expansion. - 25 - B. The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: ]. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of anticipated construction to the Fire Services System shall be based upon professional opinions of probable cost certified by a professional architect or engineer. 3. In the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the Fire Services System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%) of the initial estimate of costs for contributions to the Fire Services System identified in the contribution agreement shall be actually applied or used in the calculation of available credit against Impact Fees. 4. The value of apparatus and equipment shall be based on the actual cost. 5. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or ~ny other rule or regulation shall be considered or included in the value of any developer's contribution. C. All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the construction standards and procedures - 26 - of the County. All plans and specifications shall be approved by the County Manager prior to commencement of construction. D. Prior to issuance of a Building Permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for contributions to the Fire Services System. The proposed plan and estimates shall include: 1. A designation and description of the Fire System Impact Construction for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with Subsection "B (1)" of this Section; 3. Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; 4. A proposed time schedule for completion of the proposed plan prepared by a professional architect or engineer; and 5. .A list of the contemplated Fire Services System improvements, apparatus, or equipment sought to be donated. 6. A written statement of the actual cost for any equipment or apparatus sought to be donated. 7. A Twenty-Five Hundred Dollar ($2,500) processing, review and audit fee payable to the County. E. Upon favorable review of the proposed plan, the County Manager shall schedule a presentation before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the presentation. F. The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: 1. Such proposed plan is in conformity with contemplated improvements and additions to the Fire Services System; 2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Fire Impact Fee Trust Account in such a way as to frustrate or interfere with - 27 - 12Cl other planned or ongoing growth necessitated capital improvements and additions to the Fire Services System; and 3. The proposed plan is consistent with the public interest; and 4. The proposed time schedule for completion of the plan is consistent with the most recently adopted five year capital improvement program for the Fire Services System. G. The processing, review and audit fee shall be returned to the Applicant if either the County Manager or the Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the Board authorizes the County Attorney to prepare a contribution agreement. ~. Any contribution agreement shall at a minimum include and provide for: 1. Identification of the parties including a representation from the Owner(s) that he (they) is (are) the sole record owner(s) of the real property described in the contribut.ion agreement. If requested by the County Attorney, the Applicant or Owner shall provide to the County Attorney, at no cost to the County, an attorney's opinion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lienholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 2. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of the Fire System Impact Construction lands subject to the agreement. 4. The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any moratoria, from the date of recording in the Official Records. - 28 - 1 2Cl 5. A description of the contributions to the Fire Services System to be made pursuant to the agreement. 6. An acknowledgment that the contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the County. 7. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. Adoption of an approved time schedule for completion of the proposed improvements. 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection "B" of this Section. 10. A requirement that the Owner keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of the improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the termination of the contribution agreement. 11. A requirement that the credit for Impact Fees identified in the contribution agreement shall run with the subject Fire System Impact Construction lands and shall be reduced by the entire amount of the Impact Fee due on the first Building Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12. That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the contribution agreement. 13. An acknowledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. - 29 - 14. Compliance with the risk management guidelines which may be established by the County's Risk Management Department from time to time, including but not limited to insurance and indemnification language acceptable to the County. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 16. Modification or revocation of the contribution agreement as is necessary to comply with relevant State or Federal laws, if State or Federal laws are enacted after the execution.of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 17. Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the contribution agreement. 18. Recording of the contribution agreement in the Official Records within fourteen (14) days after the County enters into the contribution agreement. 19. The ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. I. In the event the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Fire Services System proposed by the Applicant, the contribution agreement shall provide for future reimbursement to the Applicant or Owner of the excess of such contribution credit from future receipts by the County of Impact Fees. Such agreement or reimbursement shall not - 30 - 12Cl be for a period in excess of five years from the date of recording the contribution agreement in the Official Records and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. J. In the event the amount of developer contribution pursuant to an approved plan of construction or donation of land exceeds the total amount of Impact Fee credits used on the benefiting Fire System Impact Construction lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from Impact Fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date or recording the contribution agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available with. in the time frames described herein, the remaining balance of an}, Impact Fee credits shall be forfeited. K. Any Applicant or Owner who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. Section 3.08. Review He&rings A. An A~plicant or Owner who is required to pay an Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Impact Fee pursuant to Section 2.01. 2. A denial of an Affordable Housing waiver or deferral pursuant to Section 3.05. - 31 - 3. The insufficient 2.04. 4. The failure to grant or the granting of an Alternative Impact Fee pursuant to Section granting, of insufficient credits for the 3. issued; 4. donation of land apparatus or equipment or construction of improvements and/or additions pursuant to Section 3.07. C. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of whichever of the following is applicable: 1. Receipt of a notice of impact fee statement; 2. The denial of an Impact Fee waiver or deferral; 3. Receipt of a vested rights determination pursuant to Section 3.03; and 4. The notification of the determination of any Alternative Impact Fee. Failure to request a hearing within the time provided shall be ~eemed a waiver of such right. D. The request for hearing shall be filed with the office of the County Manager and shall contain the following: 1. The name and address of the Applicant and Owner; The legal description of the property in question; If issued, the date the Building Permit was A brief description of the nature of the improvements on the property or the construction being undertaken pursuant to a Building Permit; 5. If paid, the date the Impact Fee was paid; and, 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and - 32 - 1201 evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount approved upon completion of the review provided in this Section. Section 3.09. Review Requirement A. This Ordinance and the Fire Impact Fee Study shall be reviewed by t~e Board initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at least every three (3) years. The initial and each review shall consider new estimates of population and other socioeconomic data and changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions and findings set forth in the study adopted by Section 1.04. The purpose of this review is to ensure that the Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by Fire Services System Impact Construction. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section 1.04, revises or changes the Fire Services System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. - 33 - B. Simultaneous with the review of the Fire Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements elements for the availability and adequacy of revenue sources to construct improvements and additions to the Fire Services System determined in the Fire Impact Fee Study to be required to accommodate existing development. Section 3.10. Declaration of Exclusion from Ach~inistr&tive Procedurem Act. Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the County to the application of the Administrative Procedure Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including, but not limited to, consideration of an Alternative Impact Fee calculation under Section 2.04, a determination of entitlement to an Impact Fee waiver or deferral pursuant to Section 3.05, the proposed plan for a developer contribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Individual Calcul&tion of Iml~act Fees. A. In the event a Fire System Impact Construction involves a land use not contemplated under the Impact Fee land use categories set forth in Appendix "B", or a use of land which is so unique that it should be considered separate from the other Fire System Impact Construction contained within the land use category, the County Manager shall calculate appropriate Impact Fees based upon the impact of such Fire System Impact Construction on the Fire Services System. B. In the event Fire System Impact Construction involves a Mixed Use Fire System Impact Construction, the County Manager shall calculate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee land use category included in the proposed Mixed Use Fire System Impact Construction. Section 3.12. Conflict &n4 Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest - 34 - 12C1 of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3.13 Inclusion in Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renu~ered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate wcrd. Section 3.14. Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,1998. ATTEST: ' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY Chairman Approved as to form and legal sufficiency: H~idi ~: 'As~t6n Assistant County Attorney Impact Fe~s-Flr~ - 35 - APPENDIX A AFFORDABLE HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling units for the purpose of determining eligibility for Impact Fee waivers and deferrals (herein referred to as 'benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very Iow income families means those families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income as determined by the Secrelary of the U.S. Department of Housing and Urban Development (area median income). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage ,payment, including property taxes and insurance shall not be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve Iow income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. - 36- f) Fire Services System Impact Construction that meets the cdteria set forth in Subsections B and C of Section 3.05 constructed by an Agency of Collier County or by an independent governmental agency pursuant to an intedocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. - 37 - APPENDIX Residential $288.97 per Dwelling Unit Commercial $ .60 per square Foot Additional Impact Fee for high rise development $157.27 per Dwelling Unit - 38 - APPENDIX C FIRE DISTRICT AREA 12C1" ISLES OF CAPRI: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5 and 6 of Towmhip 52 South, Range 26 East, which lie north of the Ma~co River. OCHOPEE: All of Township 5OS of Range 34E; Township 51S of Range 34E; Township 52S of Range 34E; Township 53S of Range 34E; Township 50S of Range 33E; Township 51S of Range 33E; Township 52S of Range 33E; Township 53S of Range 33E; Township i0S of Range 32E; Township SIS of Range 32E; Township 52S of Range 32E; Township 53S of Range 32E; Township SOS of Range 31E; Township :SIS of Range 31E; Township 52S of Range 31E; Township 53S of Range 31E; Township SOS of Range 30E; Township SIS, Range 30E; Township 52S, Range 30E; Sections 1,2,3,4,5,6,7,8,9,10,11,12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53S, Range 30E; Sections 1,2,11,12,13,14,23,24,25,26,35 and 36, Township SOS, Range 29E; Sections 1,2,11,12,13,14,23,24,25,26,35 and 36, Township 5 IS, Range 29E; Sections 1,2,11,12,13,14,18,19,20,21,22,23,24,25,26,27,28,35 and 36, Township 52S, Range 29E; Sections 1,2,11,12,13,14,23,24,25,26 and 36, Township 53S, Range 29E; including the incorporated area of the City of Everglades being more particularly described as the Town of Everglades as described in Plat Book 1, pages 87-95 of the Public Records of Collier County, Florida; and including Sections 3,4,5,6,8,9,10,11,13,14 and 24, Township 52S, Range 28E; Sections 35 and 36 and ali that area south and east of State Road 92 within Section 34, Township 51S, Range 27E; Section 1, Township 52S, Range 27E. = 39 - NapLes DaiLy NapLes, FL Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF COUUTY CO~HZSSIONERS ATTII: NANCY SALOGUB PO BOX ~0~6 ~APLES FL REFERENCE: 001230 1461443806490 57664281 HOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on o~th says that she servel as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily He~s is a newspaper published at NapLae, in arid Collier County, FLorida, and that the satd newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second claes mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/27 AD SPACE: 120.000 INCH FILED 0N: 03/27/98 ................................. .............. Signature of Affiant / , Sworn to end Subscribed before me this day of Personally known by me ,, /.'~:,."/ ,/r. '--. ,'''~,~ ; / 0110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby gh~en fflOf on TUESDAY, APRIL 7, 1~. In the Boordroom. 3rd Floor, Admlnlstroflon Building, Collier County Governmenf Cefffer. 3301 Eost Tomloml Troll. Nc~le~, Flerldo. ~e .Boord meat of o Ordl- ~n~ The fine of M the pro- C~'cllnqnce Is he/Ol- AN ORDINANCE TO BE KNOWN AS THE ~ DS= GM~I AND OCHO- PER FIRE IMPACT FEE ORDINANCE. PROVID- ING DEFINITIONS, RULES OF CONSTRUC. TION AND FINDINGS; ADOP~INO A CERTAIN FIRE IMPACT FEE STUDY: PROVIDING FOR IN, POSITION OF iMPACT FEES ON ALL FIRE SYSTEM IAePACT CONSTRUCTION OC- CURRING Wr1'HIN THE AREL~ DESCRIBED AS THE ISLE Of: CAPRI AND OCHOPEE IN- CLUDING THE CJTY OF EVERGLAE~S AND A PORTION OF CHOKO- LOSKEE ISL~ANO; PRD- VIDING EOR PAYN~NT AND COLLECTION OF IMPACT FEES; DEFIN- ING THE TERM FIRE SYSTEM INUaACT CON- STRUCTION; PROVID- ING FOR PAYMENT AND U~ OF: MONIES; PROVIDING FOR AL. TERNATIVI~ ~ CAL.' CU1.ATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES; PRO- V1DING FOR COlLEC- TION OF IAAPACT FEES UPON CHANGES IN ~dZE AND U~; F~O. VIDING FOR AFFORD- ABLE HOUSING WAIVERS AND DE. FERRALS: PROVIDING INTEREST TO BE PAID ON CERTAIN RE- FUNDS: PROVIDING FOR DEVELOPER CONTRIBUTION CRED- IT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS' DECLARING E X CLU-' ~dON FROM T R A T I V E PROCEDURES ACT; PROVIDING FOR INDI. VOUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CON. FLICT AND S~'VERAo PROVIDING FOR INCLUSION IN COO~ OF LAWS AND ORDINANCES: PROVID- ING FOR AN EFFECo TIVE DAT~ dh-.;.-.ce are en file ~ ore evollc~a for Irm~ec- es ~ op~:m,al a declsk~ of I me Boord will need o re-I cord M ~he ~x'oceedk~J I~e~folnln~ therefo emil fhe~'efore, moy need ensue Ihof a ve,l~flml record ot ff,e ~'oceeoln~ Is m~de. which re~d I~- I cludes the '~-~monv c.~d ~ O~'~ COUNTY I COLLIER COUNTY, FLORIDA BARBARA B. BERRY, DWIGHT E. eROCK, CLERK Ne. 1171160 · 1201 - ', ORDINANCE NO. 98 - 30 AN ORDINANCE TO BE KNOWN AS THE ISLES OF CAPRI AND OCHOPEE FIRE IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN FiRE IMPACT FEE STUDY; PROVIDING FOR IMPOSITION OF IMPACT FEES ON ALL FIRE SYSTEM IMPACT CONSTRUCTION OCCURRING WITHIN THE AREAS DESCRIBED AS THE ISLES OF CAPRI AND OCHOPEE INCLUDING THE CITY OF EVERGLADES AND A PORTION OF CHOKOLOSKEE ISLAND; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; DEFINING THE TERM FIRE SYSTEM IMPACT CONSTRUCTION; PROVIDING FOR PAYMENT AND USE OF MONIES; PROVIDING FOR ALTERNATIVE FEE CALCULATION; PROVIDING FOR EXEMPTIONS AND VESTED RIGHTS IN CONNECTION WITH IMPACT FEES; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING WAIVERS AND DEFERRALS; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS; DECLARING EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR INDIVIDUAL CALCULATION OF IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. I;OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COIJNTY COMMiSSIO:IERS OF COLLIER COUNTY, FLORIDA, that: ARTICLE I GENERAL Section 1.01. Definitions When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Accessory Building or Structure" shall mean a detached, subordinate building, the use of which is clearly indicated and related to use of the principal Building or use of the land and which is located on the same lot as the principal Building. "Affordable Housing" shall mean a Dwelling Unit which is offered for sale or rent for an amount which is within the standard set forth and established in Appendix A of this Ordinance. "Alternative Fire Impact Fee Study" shall mean a study prepared by an Applicant or Owner and submitted to the County Manager pursuant to Section 2.04. "Alternative Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.04 or Section 3.08. - I - "Applicant" shall mean the person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Coliier County, Florida. "Building" shall mean any structure, either temporary or permanent, Ouilt for the support, shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the Fire Services System. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist, in construction and maintained during the term of a Building Permit. "Building Permit" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or buildings, such as a I~obile Home, that do not otherwise require a Building Permit in order to be occupied. "Comprehensive Plan" shall mean the Comprehensive Plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "County" shall mean Collier County, a political subdivision of the State of Florida. "County Attorney" shall mean the Person appointed by the Board to serve as its counsel, or the designee of such Person. "County Managmr" shall mean the chief administrative officer of the County, appointed by the Board or the designee of such Person. "Dwelling Unit" shall mean a Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. "Enc~,mhered" shall mean moneys committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon the delivery of goods, the rendering of services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. - 2 - 12¢I "Fire Director" shall mean the Person appointed by the Board or the County Manager to supervise the administration, operation and requisition of the Fire Services System or the designee of such person. "Fire District A~ea" shall mean collectively the Isles of Capri Fire District and the Ochopee Fire District. "Fire Impact Fee Trust Account" shall mean, as appropriate, the Isles of Capri Impact Fee Trust Account or the Ochopee Impact Fee Trust Account which are established in Section 2.03 of chis Ordinance. "Fire Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.09. "Fire Services System" shall mean the Buildings, land, apparatus an~ equipment provided by the County that are used primarily for the providing of medical care and the emergency transportation of the sick, injured or incapacitated upon the streets, highways, waterways or airways of Collier County. "Fire System Impact Construction" shall mean land development construction designed or intended to permit a use of the land which will contain more Dwelling Units, Buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the Fire Services System. "Florida Local Government Development Agreement Act" shall mean the provisions of Sections 163.3220 through 163.3243, Florida Statutes, as amended or supplemented, or its successor in function. "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. "Impact Fee Rate" shall mean the Impact Fee imposed for a particular Fir.~ System Impact Construction under the applicable Impact Eee land use category established in the schedules incorporated in Section 2.01 of this Ordinance. "Isles of Capri Fire District" shall mean the area identified as the Isles of Capri Fire District and described on Appendix "C". "Local Government Comprehensive Planning and La~d Development Regulation Act" shall mean the provisions of Part II, - 3 - Chapter 163, Florida Statutes, as amended or supplemented, or its successor in function. "Mixed Use Fire System Impact Construction" shall mean a Fire System Impact Construction in which more than one Impact Fee land use category is contemplated with each category consisting of a separate and identifiable enterprise which is not subordinate to or dependent on other enterprises within the Fire System Impact Construction. "Mobile Home" shall mean manufactured homes, trailers, campers or recreational vehicles. For the purpose of imposing impact fees relative to travel trailers, which are otherwise herein encompassed by the term "mobile home", travel trailer lots or spaces shall be classified in conformance with the definition of use provlded for in the County's zoning regulations and Comprehensive Plan. "Ochopee Fire District" shall mean the area identified as the Ochopee Fire District and described on Appendix "C". "Owner" shall mean the Person holding legal title to the real property upon which Fire System Impact Construction is to occur. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Residential" shall mean apartments, condominiums, Mobile Homes, Single Family Detached Houses or adult congregate living facilities, as those terms are defined by Section 400.402, Florida Statutes. "Single Family Detached House" shall mean a home on an individual lot. "Square Footage" shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the Building. Section 1.02. Rules of Construction For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, appendix, summary table, or illustrative table, the text shall contrcl. - 4 - itC1 B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. D. The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for". E. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows: t. "And" indicates that all the connected terms, condition.z, provisions or events shall apply. 2. "Or" indicates that the connected terms, conditions, provisions or events may apply singly or in any combination. 3. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. F. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like-kind or character. Section 1.03. Findings it is hereby ascertained, determined and declared that: A. Future growth represented by Fire System Impact Construction should contribute its fair share to the cost of improvements and additions to the Fire Services System that are required to accommodate the use of such facilities by such growth. B. Implementation of the Impact Fee structure to require future Fire System Impact Construction to contribute its fair share of the cost of improvements and additions to the Fire Services System is an integral and vital element of the regulatory plan of growth management incorporated in the Comprehensive Plan. C. The standard of service for the Fire Services System, as determined in the Fire Impact Fee Study, is hereby approved - 5 - and adopted by the County and found to be in conformity with the Comprehensiw~ Plan. D. Fire Services System planning is an evolving process and the standards of service in the Fire District Area for the Fire Service£ System constitutes a balancing of anticipated need for facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamic nature of population growth, it is the intent of the Board that the standard of service for the Fire Services System and the Impact Fee imposed be reviewed and adjusted periodically, pursuant to Section 3.09, to insure that the Impact Fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. E. The imposition of the Impact Fee is designed and intended to provide a source of revenue to fund the construction or improvement of the Fire Services System necessitated by growth as delineated in the capital improvement element of the Comprehensive Plan. F. The Board specifically finds that fire services benefit the residents of the areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island and, therefore, the Impact Fees shall be imposed in areas known as Isles of Capri and Ochopee including the City of Everglades and a portion of Chokoloskee Island. G. This Ordinance shall not be construed to permit the collection of Impact Fees from Fire System Impact Construction in excess of the amount reasonably anticipated to offset the demand on the Fire Services System generated by the Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. H. All improvements and additions to the Fire Services System needed t9 eliminate any deficiency between the existing Fire Services System and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the Fire Services System which are necessitated by Fire System Impact Construction occurring subsequent to the effective date of this Ordinance. - 6 - 12C1 I. It is hereby declared to be the policy of the Board that the improvements and additions to the Fire Services System, required to accommodate future growth, shall be funded by the revenue derived from the Impact Fees. Therefore, credit shall be given for taz revenue sources which have been utilized in prior years for %he funding of Fire Services System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or if additional revenue is received and committed for growth-necessitated improvements and additions of the Fire Services System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section 3.09 and credit shall be given for any revenue which has been utilized for growth-required improvements and additions to the Fire Services System. J. The provisions in this Ordinance relative to developer contribution credit represent an innovative land development regulation which the Local Government Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its land development regulations. Section 1.04. Adoption of Impact Fee Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study entitle~ "Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee Study dated July 30, 1997.", particularly the assumptions, conclusions and findings in such study as to the determination of anticipated costs of additions to the Fire Services System required to accommodate growth. The Board further incorporates by reference the Comprehensive Plan as it relates to the improvements and additions to the Fire Services System. ARTICLE II IMPACT FEE Section 2.01. Imposition A. All Fire System Impact Construction occurring within the Fire District Area shall pay an Impact Fee in accordance with the schedule shown on Appendix B of this Ordinance. B. The Board hereby adopts the Impact Fees incorporated within Appendix B which shall be imposed upon all Fire System Impact Constru¢:tion occurring within the County. - 7 - C. The Impact Fee shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and is intended to provide funds only for growth- necessitated improvements and additions to the Fire Services System. Section 2.02. Payment A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit, an Applicant shall pay the appropriate Impact Fee as set forth in Section 2.01. 1. If the Fire System Impact Construction is located within the unincorporated area of the County, the Impact Fee shall be paid directly to the County. 2. If the Fire System Impact Construction is located within a municipality and the governing body of the municipality by interlocal agreement or otherwise has agreed tc require payment of the Impact Fee as a condition of the issuance by the municipality of a Building Permit, then such Impact Fee shall be paid to the City. 3. If the Fire System Impact Construction is located within a municipality and the governing body of the municipali%y has not agreed to require the payment of the Impact Fee as a condition of the issuance of a Building Permit by the municipality, then the Impact Fees shall be paid as ~,rovided in Section 3.06. B. The obligation for payment of the Impact Fee shall run with the land. C. In the event that a Building Permit that was issued for Fire System Impact Construction expires prior to completion of the Fire System Impact Construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Impact Fee. 1. The application for refund shall be filed with the County Manager and contain the following: a. The name and address of the Applicant; b. The location of the property which was the subject of the Building Permit; c. The date the Impact Fee was paid; d. A copy of the receipt of payment for the Impact Fee; and - 8 - e. The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the Fire System Impact Construction has not been completed, the County Manager shall refund the Impact Fee paid for such Fire System Impact Construction. 3. A Building Permit which is subsequently issued for Fire System Impact Construction on the same property which was the subject of a refund shall pay the Impact Fee as required by Section 2.01. Section 2.03. Use of Monies A. The Board hereby establishes two separate trust accounts for the Impact Fees within the Isles of Capri Fire District and the Ochopee Fire District, to be designated as the "Isles of Capri Fire Impact Fee Trust Account" and the "Ochopee Fire Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into the appropriate trust account immediately upon receipt. B. /he monies deposited into the Fire Impact Fee Trust Account shall be used solely for the purpose of providing growth- necessitated construction improvements and additions to the Fire Services System including, but not limited to: 1. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition including any costs of acquisition or condemnation; 4. Construction and design of Fire Services System Buildings, facilities or improvements and additions thereto; 5. Design and construction of drainage facilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction of Fire Services System Buildings, facilities or improvements and additions thereto; 7. Landscaping, incident to or necessitated by the expansicn of the Fire Services System Buildings, facilities or imprcvements and additions thereto; 8. Construction management or inspection; - 9 - 12C! 9. Surveying, soils and material testing; 10. Acquisition of apparatus or equipment necessary to expand the Fire Services System; 11. Repayment of monies transferred or borrowed from any budgetary fund of the County, including monies borrowed subsequent to the adoption of this Ordinance which were used ~o fund construction, acquisition of improvements and additions to the Fire Services System as herein provided; 12. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth-impacted improvements and additions to the Fire Services System; and 13. Waiver or Deferral of Impact Fees due an Applicant pursuant to Section 3.05. 14. To the extent provided by law, reimbursement of costs incurred in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.09 and any other administrative costs incurred by the County. C. Funds on deposit in the Fire Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense. D. The monies deposited into the Fire Impact Fee Trust Account shall be used solely to provide improvements and additions to the Fire Services System required by growth- generated by Fire System Impact Construction as identified in the Fire Impact Fee Study. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Fire Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the Fire Services System may, at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pursuant to Section 3.05 of this Ordinance. F. The Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property ')n behalf of which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year - 10 - 12¢1 i~ediately following the sixth anniversary of the date upon which such fee was paid. Refunds due under these circumstances shall be made only in accordance with the following procedure: 1. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the sixth anniversary of the date of the payment of the Impact Fee. 2. The petition for refund shall be submitted to the County ~anager, on a form approved by the County Manager, and shall contain: a. A sworn statement that the petitioner is the then current Owner of the property on behalf of which the Impact Fee was paid; b. A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; c. A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect the exact names of all current legal owners; a representation that the petitioner will notify the County of any change in the status of legal ownership which occurs prior to the issuance of any refund from the County; d. A copy of the most recent ad valorem tax bill. 3. Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board of the status of the Impact Fee requesteJ for refund, and if such Impact Fee has not Deen expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. G. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for - 11- 12C1 """ growth-necessitated capital improvements and additions to the Fire Services System. Section 2.04. Alternative Fee Calculation A. In the event an Applicant or Owner believes that the impact to the Fire Services System necessitated by his Fire System Impact Construction is less than the fee established in Section 2.01, such Applicant or Owner may, prior to issuance of a Building Permit for such Fire System Impact Construction, submit a calculation of an Alternative Impact Fee to the office of the County I.Ianager pursuant to the provisions of this Section. B. Upon timely submission of an Alternative Impact Fee calculation, the basis therefor and receipt of the Alternative Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Impact Fee and shall provide the petitioner written notice of the time and place of %he hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Impact Fee was submitted. C. The Alternative Impact Fee calculation shall be based on data, information or assumptions contained in this ordinance and the Fire Impact Fee Study or an independent source, provided that the inclependent source is a local study supported by a professionally prepared data base determined to be adequate for the conclusions contained in such study, performed according to a generally-accepted methodology and based upon generally-accepted standard sources of information relating to facilities planning, cost analysis and demographics. D. If during a prior Alternative Impact Fee calculation process, an a2ceptable Alternative Impact Fee study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be now current and applicable, the Fire Services System impact of such previously approved Fire System Impact Construction shall be presumed to be as described in the prior study. In such circumstances, an Alternative Impact Fee shall, be established reflecting the impact described in the prior st~dy. There shall be a rebuttable presumption that such an impact study based upon an independent source conducted and accepted by the Board more than two years earlier is invalid. - 12 - 12C1 E. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee complies with the requirements of this Section and that the Alternative Impact Fee was calculated by the use of a generally-accepted methodology, then the Alternative Impact Fee shall be paid in lieu of the fee set forth in Section 2.01. F. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Impact Fee does not comply with the requirements of this Section or is otherwise not equitable or that the Alternative Impact Fee was not calculated by the use cf a generally-accepted methodology, then the County shall provide to the Applicant by certified mail, return-receipt requested, written notification of the rejection of the Alternative Impact Fee and the reason therefor. Go At the sole discretion of the Board, the alternative impact fee review hearing may be adjourned or continued for up to thirty (30) days to cause further study or scrutiny of any proposed Alternative Impact Fee or Alternative Impact Fee study by either County staff or outside consultants. The final decision of the Board shall be in writing and issued within twenty (20) calendar days of the close of the review hearing. H. Any Applicant or Owner who has submitted a proposed Alternative Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to, or at the time the proposed Alternative Impact Fee is submitted, the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver cf any right of review. Any difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE Iii MISCELLANEOUS PROVISIONS Section 3.01. Exemptions A. The following shall be exempted from payment of Impact Fees: 1. Alterations or replacement of a Dwelling Unit or Building with a new Dwelling Unit or Building of the same - 13 - size or use and which will not increase the square footage associated therewith. 2. The construction of publicly-owned governmental buildings. ~. The issuance of a tie-down permit on a Mobile Home on which applicable Impact Fees have previously been paid. Section 3.02. Changes of Size and Use Impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling Unit or the construction of an Accessory Building if the alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined to: (1) increase the number of Dwelling Units; (2) increase the square footage; or (3) change the land use so as to constitute a different Impact Fee land use category. The Impact Fee imposed under the applicable Impact Fee Rate shall be calculated as follows: A. If the Impact Fees are calculated on land use and not square footage, the Impact Fees imposed shall be the Impact Fees due under the applicable Impact Fee Rate for the Impact Fee land use category resulting from the alteration, expansion or replacement less the Impact Fee that would be imposed under the applicable Impact Fee Rate for the Impact Fee land use category prior to the alteration, expansion or replacement. B. In the event the square footage of a Building is increased, the Impact Fee shall be calculated only for that increased square footage. C. The Impact Fee imposed for any Accessory Buildings shall be that applicable under the Impact Fee Rate for the land use for the primary building. Section 3.03. Vested Rights A. Any Owner of land which was the subject of a development order prior to the effective date of this Ordinance may petition the Board for a vested rights determination which would exempt the Owner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the County authorizing the specific development for which a determination is sought; - 14 - 2. Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance. 3. Other factors that demonstrate it is inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requiring the petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable to deny the petitioner the opportunity to complete the previously approved development: a. Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the Impact Fee required by this ordinance; and b. Whether the expenses or obligations for the development were made or incurred subsequent to the effective date of this Ordinance. B. The County Attorney shall make a written determination as to whether the Owner has a vested right and, if so, whether the vested right would exempt the Owner from the provisions of this Ordinance. C. Any Owner aggrieved by a decision of the County Attorney may appeal said decision pursuant to Section 3.08 to the Board within thirty (30) days of the date of the written decision, by filing said appeals with the Clerk to the Board and v;ith a copy to the County Attorney. D. Any written agreement entered into prior to the effective date of this Ordinance between the Owner of any property and the County, which establishes, restricts or prohibits the imposition of Impact Fees by the County shall be binding upon the County and not subject to the provisions of this Ordinance. Provided, however, that if such written agreement is amended to increase the amount of Fire System Impact Construction permitted on the property, that such additional Fire System Impact Construction shall be required to pay the Impact Fee as provided by the Ordinance. - 15- ,201 Section 3.04. Interest to be Paid on Certain Refunds A. Monies refunded in accordance with Subsection F of Section 2.03 shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at the rate of five percent (5%) simple interest. B. Except as provided for in Subsection "A" of this Section, no interest shall be paid upon the return of Impact Fees. Section 3.05. Affordable Housing A. Pursuant to the guidelines established in this Section, the County shall (1) waive or (2) defer, as applicable, the payment of the Impact Fee for any new owner-occupied or rental Fire System Impact Construction which qualifies as Affordable Housing under Appendix A of this Ordinance. 1. Any person seeking an Affordable Housing waiver or deferral for proposed Fire System Impact Construction shall file with the County Manager an application for waiver or deferral, prior to receiving a Building Permit for the proposed Fire System Impact Construction. The application for waiver or deferral shall contain the following: a. The name and address of the Owner; b. The legal description of the Residential property upon which the Fire System Impact Construction shall be constructed; c. The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; d. The number of bedrooms in each Dwelling Unit of the Fire System Impact Construction. 2. If the proposed Fire System Impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu of payment of the Impact Fee pursuant to Section 2.02. B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: 1. The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impact Fee waiver or deferral, as those terms are defined in Appendix A and the monthly payment to purchase the unit must be within the Affordable Housing guidelines established in Appendix A. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect dt the date of issuance of %he Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four I24) month period, then the waived or deferred Impact Fee must be immediately repaid unless the Dwelling Unit is sold to ancther qualifying Owner. 2. The Owner, or if there is more than one Owner, one of the Cwners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership interest in his/her primary residence in the past three (3) years. 3. The Dwelling Unit must be the homestead of the Owner(s). 4. The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. C. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: 1. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those te£ms are defined in Appendix A and the amount of rent must be within the Affordable Housing guidelines established in Appendix A. 2. The Dwelling Unit must be the household's permanent residence. - 17 - 12Cl Do Ail Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon tY.e sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.05, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection B above or a Person who does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purch6ser during the fifteen (15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.05 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Impact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix A. The Impact Fees waived or deferred shall be a lien on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed - 18 - ' 1201 within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendiz A. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix A, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in this Section 3.05 for fifteen (15) years after the issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: 1. The legal description of the Dwelling Unit. 2. Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Fire System Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in order to maintain the waiver or deferral. Inpact Fee waivers or deferrals paid foJ with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix A qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty (30) days thereof, and within twenty-four (24) months from the date of issuance of the certificate of cccupancy or the execution of the lease-purchase agreement, - 19- whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred Impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. 3. For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15) years from the issuance of a certificate of occupancy, whichever occurs first. 4. For owner-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent qualifying purchaser, as Affordable Housing in compliance with Section 3.05 of this Ordinance for a fifteen (15) year period after the certificate of occupancy is issued and if the Dwelling Unit is sold to a non-qualifying purchaser, the Impact ~ees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. 5. The deferred and/or waived Impact Fees shall be a lien on the property which lien may be foreclosed upon in %he event of non-compliance with the requirements of the agreement. The agreement described herein shall operate as a lien a~ainst the Dwelling Unit. The lien shall terminate upon the recording of a release or satisfaction of lied in the public records of Collier County. In the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment in full. In the case of a deferral, such release shall be recorded upon repayment in full. - 20 - 6. Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in Section 3.05(H). An affidavit must be filed within thirty (30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or low income level as defined in Appendix A exceeds the Affordable Housing benefit standards set forth in Appendix A by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix A. 7. Upon satisfactory completion of the agreement require~.ents, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. 8. In the event the Owner is in default under this agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 9. The agreement shall be binding upon the Owner's successors and assigns. 10. The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals granted pursuant to this Section shall be limited, in total, to the amount appropriated by the Board at its final public hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. All Impact Fees waived or deferred shall be paid by the Board into the Fire Impact Fee Trust Account within six (6) years from the date of the award of a waiver and/or deferral as provided herein, but in no event, later than that - 21 - time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Fire Impact Fee Trust Account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six (6) years from the date of such waiver or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40~) of the amount budgeted for Impact Fee waJ. vers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units serving the very low and low income levels. K. Any changes or amendments to Appendix A or the minimum funding requfrements adopted in this Section must occur as an ordinance amendment at a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Fire System Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Section 3.05 shall be entitled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very low and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the date such Impact Fees are deferred; and (ii) the rental apartment development shall remain Affordable Housing qualified (under Section 3.05 of this ordinance) for a minimum of 15 years. N. The Board, in its discretion, may agree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or government funded affordable housing loan such as SAIL or HOME loan if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units, if the Owner provides additional security satisfactory to the County surh as additional or substitute collateral in the - 22 - form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees at the expiration of the period of the deferral. However, the Board in its discretion may waive the requirement of additional or substitute collateral for rental Dwelling Units if the Owner or the general partner of Owner is a not-for-profit corporation or organization and the Dwelling Units to be constructed are detached single family houses. The Board in exercising its discretion shall consider the debt to equity ratio and the equity on the Dwelling Units available to cover the County's subordinate lien interest. Section 3.06. Alternative Collection Method In the event the Impact Fee is not paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming characterized as Fire System Impact Construction, the County shall proceed to collect the Impact Fee as follows: A. The County shall serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. If the Building is under construction, the County shall also serve, by certified mail, return receipt requested, a notice of impact fee statement upon the Applicant at the address set forth in the application for Building Permit and make a diligent effort to also attach a copy of the notice of impact fee statement to the Building Permit posted at the affected construction site. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, or, if the Building is under construction, the date said notice was attached to the Building Permit, whichever occurs first. The notice of impact fee statement shall contain a reasonable legal description of the property and shall advise the Applicant and the Owner that: 1. The amount due and the general purpose for which the Impact Fee was imposed; 2. A hearing pursuant to Section 3.08 may be requested within thirty (30) calendar days from the effective date of service of the notice of impact fee - 23 - statement, by making application to the office of the County Manager. 3. The Impact Fee shall be delinquent if not paid and received by the County within thirty (30) calendar days of the ef[ective d~te of service of the notice of impact fee statement if a hearing is not requested pursuant to Sections 2.04 or 3.07. 4. Upon becoming delinquent, the Impact Fee shall be subject to the imposition of interest on the unpaid amount until paid. 5. In the event the Impact Fee becomes delinquent, a notice of claim of lien against the property will be recorded in the Official Records of the County. B. The Impact Fee shall be delinquent if, within thirty (30) calendar days from the effective date of service of the notice of impact fee statement, neither the Impact Fees have been paid and received by the County, nor has the Owner properly complied with the provisions of Section 2.04, nor has a review hearing been requested pursuant to Section 3.08. In the event a hearing is requested pursuant to Sections 2.04 or 3.08, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said notice of impact fee statement or the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, the Impact Fees shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. C. Should the Impact Fee become delinquent as set forth in Subsection "B", the County shall serve, by certified mail return- receipt requested, a notice of lien upon the Applicant, if the building is under construction at the address indicated in the application f.)r the Building Permit, and upon the delinquent Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The notice of lien shall serve to notify the delinquent Applicant and Owner, - 24 - as the case may be, that failure to pay the Impact Fee has caused the County to file a notice of claim of lien with the Clerk of the Circuit Court. D. Upon mailing a notice of lien, the County Manager shall file a notire of claim of lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The notice of claim of lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the Board, staff shall proceed to expeditiously collect, foreclose or otherwise enforce said lien pursuant to the provisions of this Ordinance. E. The County Manager shall file a notice of satisfaction of claim of lien with the Clerk of the Circuit Court for recording in the Official Records upon receipt of full payment for a delinquent Impact Fee, interest due, and any recording expenses. Said notice of satisfaction of claim of lien shall reflect the appropriate recording information shown on the previously recorded notice of claim of lien. F. After the expiration of one year from the date of recording of the notice of claim of lien as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, whLch provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. G. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior to the interest on such parcel or property of any Owner, lessee, tenant, mortgagee or other Person except the lien of County taxes and shall be on a parity with the lien of any such County taxes until paid as provided herein. H. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable law or administrative regulation of the State of - 25 - 12Cl Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any ordinance or administrative regulation of the County or any applicable law or administrative regulation of the State of Florida. Section 3.07. Developer Contribution Credit A. The County may enter into a contribution agreement with a developer which grants a credit against Impact Fees imposed by Section 2.01 in exchange for certain donations of land, apparatus or equipment, or for the construction or installation of certain Fire Services System Buildings, facilities or improvements and additions thereto. Such land donation, construction, and improvement shall be subject to the approval of the Board and shall be an integral part of and a necessary accommodation to an existing or contemplated Fire Services System expansion. B. The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: 1. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of anticipated construction to the Fire Services System shall be based upon professional opinions of probable cost certified by a professional architect or engineer. 3. In the case of contributions of construction, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions to the ~ire Services System identified in a contribution agreement between the Owner and the Board. Upon adjustment of the value of the developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%) of the - 26 - initial estimate of costs for contributions to the Fire Services System identified in the contribution agreement shall be actually applied or used in the calculation of available credit against Impact Fees. 4. The value of apparatus and equipment shall be based on the actual cost. 5. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rale or regulation shall be considered or included in the value of any developer's contribution. C. All construction cost estimates shall be based upon, and all ccns~ructlcn plans, specifications and conveyances shall be Ln conformity with the construction standards and procedures of the County. All plans and specifications shall be approved by t4e Cc'~nty :{anager prior to commencement of construction. D. Prior to issuance of a Building Permit the Applicant shall su~mit to the County Manager a proposed plan and estimate of costs for contributions to the Fire Services System. The proposed plan and estimates shall include: 1. A designation and description of the Fire System Impact Construction for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with Subsection "B (1)" of this Section; 3. Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer; 4. A proposed time schedule for completion of the proposed plan prepared by a professional architect or engineer; and 5. A list of the contemplated Fire Services System improvements, apparatus, or equipment sought to be donated. 6. A written statement of the actual cost for any equipment or apparatus sought to be donated. 7. A Twenty-Five Hundred Dollar ($2,500) processing, review and audit fee payable to the County. E. Upon favorable review of the proposed plan, the County Manager shall schedule a presentation before the Board at a - 27 - regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the presentation. F. The Board shall authorize the County Attorney to prepare a contribution agreement with the Owner only if: 1. Such proposed plan is in conformity with contemplated improvements and additions to the Fire Services Syszem; 2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Fire Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the Fire Services System; and 3. The proposed plan is consistent with the public interest; and 4. The proposed time schedule for completion of the plan is consistent with the most recently adopted five year capital improvement program for the Fire Services System. G. The processing, review and audit fee shall be returned to the Applicant if either the County Manager or the Board determines that the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the Board authorizes the County Attorney to prepare a contribution agreement. H. Any contribution agreement shall at a minimum include and provide f.~r: 1. Identification of the parties including a representation from the Owner(s) that he (they) is (are) the sole recDrd owner(s) of the real property described in the contribution agreement. If requested by the County Attorney, the Applicant or Owner shall provide to the County Attorney, at no cost to the County, an attorney's opir, ion identifying the record owner(s), his (their) authority to enter into the contribution agreement and identify any lienholders having a lien or encumbrance on the real property which is the subject of the agreement. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each - 28 - -2CZ lien or encumbrance, and cite appropriate recordJ, ng information and incorporate by reference a copy of all such referenced instruments. 2. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of the Fire System Impact Construction lands subject to the agreement. 4. T~e duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but tn no event shall the duration ezceed seven years, exclusive of any moratoria, from thr: date of recording in the Official Records. 5. A description of the contributions to the Fire Services System to be made pursuant to the agreement. 6. An acknowledgment that the contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the County. 7. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. Adoption of an approved time schedule for completion of the proposed improvements. 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection "B" of this Section. 10. A requirement that the Owner keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or insta%lation of the improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the terminatioD of the contribution agreement. 11. A requirement that the credit for Impact Fees identified in the contribution agreement shall run with the subject Fire System Impact Construction lands and shall be reduced by the entire amount of the Impact Fee due on the - 29 - first 5uilding Permit issued thereon and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12. That the burdens o£ the contribution agreement shall be binding upon, and the benelits of the agreement shall inure to, ail successors in interest to the parties to the contribution agreement. 13. An ~ckr~owledgment that the failure of the contribution agreement to address any permit, condition, term, or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. Compliance with the risk management guidelines which may be established by the County's Risk Management Department from time to time, including but not limited to insurance and indemnification language acceptable to the County. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Impact Fees and the balance of available and unused credit. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the County. 16. Modification or revocation of the contribution agreement as is necessary to comply with relevant State or Federal laws, if State or Federal laws are enacted after the execution of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 17. Amendment or cancellation by mutual consent of the parties, or by their successors in interest, to the contribution agreement. 18. Recording of the contribution agreement in the Official Records within fourteen (14) days after the County enters into the contribution agreement. - 30 - 19. The ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of the contribution agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. I. In the event the amount of developer contribution pursuant to an approved plan of construction exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Fire Services System proposed by the Applicant, the contribution agreement shall provide f~r future reimbursement to the Applicant or Owner of the excess of such contribution credit from future receipts by the County of Impact Fees. Such agreement or reimbursement shall not be for a period in excess of five years from the date of recording the contribution agreement in the Official Records and shall provide for a forfeiture of any remaining reimbursement balance at the end of such five-year period. J. In the event the amount of developer contribution pursuant to an approved plan of construction or donation of land exceeds the total amount of Impact Fee credits used on the benefiting Fire System Impact Construction lands identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from Impact Fees collected during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, from the date or recording the contribution agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any Impact Fee credits shall be forfeited. K. Any Applicant or Owner who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as - 31 - determined by the Board, shall be refunded to the Applicant or Owner. Section 3.08. Review Hearings A. An Applicant or Owner who is required to pay an Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Impact Fee pursuant to Section 2.01. 2. A denial of an Affordable Housing waiver or deferral pursuant to Section 3.05. 3. The failure to grant or the granting of an insufficient Alternative Impact Fee pursuant to Section 2.04. 4. The granting of insufficient credits for the donation of land apparatus or equipment or construction of improvements and/or additions pursuant to Section 3.07. C. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty {30) days, including Sundays and legal holidays, of the date of first receipt of whichever of the following is applicable: 1. Receipt of a notice of impact fee statement; 2. The denial of an Impact Fee waiver or deferral; 3. Receipt of a vested rights determination pursuant to Section 3.03; and 4. The notification of the determination of any Alternative Impact Fee. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the office of the County Manager and shall contain the following: 1. The name and address of the Applicant and Owner; The legal description of the property in question; If issued, the date the Building Permit was 3. issued; 4. A brief description of the nature of the improvements on the property or the construction being undertaken pursuant to a Building Permit; - 32 - 1201' 5. If paid, the date the Impact Fee was paid; and, 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place o£ the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid in the amount approved upon completion of the review provided in this Section. Section 3.09. Review Requirement A. This Ordinance and the Fire Impact Fee Study shall be reviewed by the Board initially in connection with its approval of the Capital Improvement Element of its Comprehensive Plan as required by Section 163.3177, Florida Statutes. Thereafter, this Ordinance shall be reviewed at least every three (3) years. The initial and each review shall consider new estimates of population and other socioeconomic data and changes in construction, land acquisition and related costs and adjustments to the assumptions, conclusions and findings set forth in the study adopted by Section 1.04. The purpose of this review is to ensure that the Impact Fees do not exceed the reasonably - 33 - anticipated costs associated with the improvements necessary to offset the demand generated by Fire Services System Impact Construction. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section 1.04, revises or changes the Fire Services System or alters or changes the amount of Impact Fees, the study adopted by reference in Section 1.04 shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt by reference such updated studies. B. Simultaneous with the review of the Fire Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements elements for the availability and adequacy of revenue sources to construct improvements and additions to the Fire Services System determined in the Fire Impact Fee Study to be required to accommodate existing development. Section 3.10. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Ordinance shall be construed or interpreted to include the County or any municipality in the County in the definition of Agency contained in Section 120.52, Florida Statutes, or to otherwise subject the County to the application cf the Administrative Procedure Act, Chapter 120, Florida Statu~es. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance including, but not limited to, consideration of an Alternative Impact Fee calculation under Section 2.04, a determination of entitlement to an Impact Fee waiver or deferral pursuant to Section 3.05, the proposed plan for a developer contribution under Section 3.07, or a review hearing under Section 3.08. Section 3.11. Individual Calculation of Impact Fees. A. In the event a Fire System Impact Construction involves a land use not contemplated under the Impact Fee land use categories set forth in Appendix "B", or a use of land which is so unique that it should be considered separate from the other Fire System Impact Construction contained within the land use category, the County Manager shall calculate appropriate Impact - 34 - Fees based upon the impact of such Fire System Impact Construction on the Fire Services System. B. In the event Fire System Impact Construction involves a Mixed Use Fire System Impact Construction, the County Manager shall calculate the Impact Fees based upon the number of Dwelling Units and/or square footage to be generated by each separate Impact Fee ]and use category included in the proposed Mixed Use Fire System Impact Construction. Section 3.12. Conflict and Severability The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3.13 Inclusion in Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section 3.14. Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~__~_/ day of~__~ ,1998. ATTEST: DWIGHT E. BROCK, Clerk signature on)j,, Approved as ~¢) form and legal sufficiency: / Heidi F. Ashtcn Assistant County Attorney hAHFAk)n:~inances%98 Impacl Fees. Fire BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBAR~ B. BERkY, 'Chai~man~ - 35 - APPENDIX a 12¢1 -'" AFFORDABLE HOUSING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling units for the purpose of determining eligibility for Impact Fee waivers and deferrals (herein referred to as "benefits"). I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS a) Very Iow income families means those families whose incomes do not exceed fifty percent (50%) of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). b) Low income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (area median income). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as determined by the Secretary of the U.S. Department of Housing and Urban Development (aroa median income). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the Florida Housing Finance Agency for rents adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. II. BENEFIT STANDARDS a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very Iow income families shall have one hundred percent (100%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. c) Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income families and which are the owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. d) Affordable Housing rental Dwelling Units which exclusively serve Iow income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact Fee Ordinance. e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate income families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance. - 36 - t2C1 f) Fire Services System Impact Construction that meets the criteria set forth in Subsections B and C of Section 3.05 constructed by an Agency of Collier County or by an independent governmental agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. - 37 - Residential Commercial Additional Impact Fee for high rise development FIRE IMPACT F~ES $288.97 per Dwelling Unit $ .60 per square Foot $157.27 per Dwelling Unit - 38 - APPENDIX C FIRE DISTRICT AREAS ISLF.,S OF CAPRI FIRE DISTRICT: Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South, Range 26 :East, which Ii(: north of the Marco River. OCItOPEE FIRE DISTRICT: All 34E; Township 52S of Range 34E; 33E; Township 51S of Range 33E; 33E; Township 50S of Range 32E; 32E; Township 53S of Range 32E; 31E; Township 52S of Range 31E; of Township 50S of Range 34E; Township 5 IS of Range Township 53S of Range 34E; Township 50S of Range Township 52S of Range 33E; Township 53S of Range Township 51S of Range 32E; 'rownship 52S of Range Township 50S of Range 31E; Township 51S of Range Township 53S of Range 31E; Township 50S of Range 30E; Township 51S, Range 30E; Township 52S. Range 30E; Sections 1,2,3.4,5.6,7,8.9,10,11,12 and that portion of Chokoloskee Island contained in Sections 30 and 31. Township 53S, Range 30E; Sections 1,2.11,12.13,14,23,24,25,26,35 and 36, Township 50S. Range 29E; Sections 1,2,1 I, 12,13.14,23.24,25,26,35 and 36, Township 51 S, Range 29E; Sections 1,2,11,12,13,14,18,19,20,21,22,23.24,25,26,27,28,35 and 36, Township 52S. Range 29E; Sections 1,2,11,12,13,14.23,24,25.26 and 36, Township 53S. Range 29E: including the incorporated area of the City of Everglades being more particularly described as the Town of Everglades as described in Plat Book i. pages 87-95 of the Public Records of Collier County, Florida; and including Sections 3,4,5,6.8,9,10, I1,13,14 and 24. Township 52S, Range 28E; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township 51S, Range 27E; Section !, Township 52S. Range 27E. - 39 - ISLE OF CAPRI FIRE DISTRICT and FIRE IMPACT FEE STUDY OCHOPEE FIRE DISTRICT Prepared for: Diane B. Flagg, Chief Department of Fire & Emergency Services 3301 East Tamiami Trail Naples, Florida 34112 Prepared by: Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 July 30, 1997 I I I I I 1.0 2.0 1201 Isle of Capri Fire Distrist and Ochopee Fire District Fire Impact Fee Study Introduction 1.1 Purpose of Impact Fees A primary rationale for implementing impact fees is to cause new growth to pay for its own capital needs without burdening existing taxpayers. State and federal subsidies for capital infrastructure are declining, increasing the costs to local government and the local population. Impact fees help replace these subsidies so that new growth pays for the infrastructure it needs. Another rationale for implementing impact fees is to synchronize the construction of new or expanded capital capacity with the construction of new development. The collection of impact fees provides an alternative to debt financing by providing a funding source for the new capital infrastructure. Properly designed impact fees will also provide greater cost recovery from development that is more expensive to serve. Standard flat fees or taxes may result in lower cost development subsidizing higher cost development. Impact fees can be designed to reduce or eliminate this disparity by requiring development to pay for its full share of the cost of capital infrastructure. 1.2 Assignment Fishkind & Associates, Inc. has been contracted by Collier County to develop a fire impact fee and methodology for the Isle of Capri and Ochopee Fire Districts. Capital Improvements 2.1 Determining Quantity and Cost of Capital Improvements Over time, new growth has, and will continue to demand, a proportionate share of the services provided by the fire department. The development of high-rise buildings in Isle of Capd will increase the concentratioq of residents in the area and generate demand for a new fire station and equipment. The specific type of development will also generate demand for a specialized apparatus, an aerial truck. ! I ! I ! ! I I I I I I 3.0 1201 The increased residential development outside of Everglades City in the Ochopee Fire District, has and will continue, to generate demand for another fire station. Although there are no fire facility standards in the two fire districts, the need for the additional fire stations and equipment are well documented by department staff. The value of the existing capital facilities and equipment were provided by County Staff; the new fire facilities and equipment has, when possible, been gathered from current sources. Most of the current costs were provided by the Chiefs of the two fire districts. Proportionate Share of Capital Costs 3.1 Purpose The purpose in calculating the proportionate share of capital costs is based upon the idea that: 1) new development should not impose a financial burden on the community and 2) that new development should not have to pay for existing deficiencies in the community. 3.2 Factors There are several factors which must be considered in calculating the proportionate share of capital costs. According to James Nicholas, et al in the book "A Practitioner's Guide to Development Impact Fees," these factors include: The cost of existing facilities The methods by which the existing capital improvements were financed The extent to which new developments have already contributed to the cost of the existing capital improvements through taxes and fees already paid The extent to which new developments will pay for existing capital improvements in the future through user fees, debt service payments, or other payments toward the cost of existing capital improvements The extent to which new developments are required to cor, struct and/or dedicate capital improvements as conditions of development or construction approval Extraordinary costs, if any, in serving the new development I I I I ! I ! ! I ! ! 4.0 12Cl The time-price of differential inherent in fair comparisons of amount paid at different times. The current value of the existing fire department capital improvements are provided in Table 1. Ochopee Fire District's capital facilities and equipment are valued at $663,235. Isles of Capri Fire District's capital facilities and equipment are valued at $525,000. The majority of capital equipment was acquired through lease/purchase agreements. The lease payments have been paid through annual property tax assessments. Due to the relatively Iow taxable value of raw land in Collier County, only a small amount of the capital cost has been paid by undeveloped land through past ad valorem collections. Due to the high incidence of brush fires on vacant land in the County, any capital costs paid by vacant land would have already been used for brush fire protection. Therefore, no credit is deemed necessary for taxes already paid by vacant land owners in years prior to development. It is anticipated that property taxes funding the lease/purchase contract will continue to be the primary financing source for capital equipment. Therefore, new development should receive a credit for those future ad valorem taxes. The extraordinary costs of providing a new fire station and aerial truck in the Isle of Capri Fire District and two new fire stations in the Ochopee Fire District are primary reasons for the implementation of this fire impact fee. Calculation of Fire Impact Fee 4.1 Projected Capital Costs 4.2 The projected capital requirements for Ochopee and Isle of Capd fire districts are provided in Table 2. The Ochopee fire district has a projected additional capital cost of $772,800 to cover the capital facilities and equipment necessary for new growth. The Isle of Capd Fire Distdct has a projected additional capital cost of $779,600 to cover the capital facilities and equipment necessary for new growth. The total future capital cost is $1,552,400. Residential'Commercial Ratio The second step in the impact fee calculation is to allocate the projected capital costs between residential and commercial users. A review of calls for service data showed that calls for service by the fire department were allocated approximately 60 percent to residential and 40 percent to commercial. Therefore, it is reasonable to allocate 60 percent of the costs to residential development and 40 percent of the costs to commercial development. I ! I I I ! ! ! ! I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4.3 4.4 4.4 Current Level of Service Calculation The calculation of the current level of service is provided in Table 3. After depreciation, the value of the current capital facilities and equipment is $831,765. Using the 60:40 ratio, $499,059 of the current value is allocated to existing residential development, and $332,706 is allocated to existing commercial development. With 1,727 residential units and 551,646 square feet of commercial development, the current level of service is: $288.97 per residential unit and $ 0.60 per square foot of commercial space. Residential Development Population projections for both fire districts were provided by the Collier County Comprehensive Planning Section These figures were divided by the number of years (10) to obtain the average population increase per year. This average annual increase was used to calculate a population increase of 3,853 by the year 2020. The number of households was calculated by dividing the 2020 population projection by the average household size. Since the two fire districts have large seasonal population fluctuations, and the average household size has been declining, 2 people per household was used as the divisor. The total increase in households was calculated to be 1,926 units (Table 4). These 1,926 units were divided into the residential capital cost of $835,560 to get a gross impact fee of $433.78. Commercial Development No commercial development projections were available from the comprehensive planning department. Therefore, a ratio between tho current number of commercial square feet and the current number of households was created. This ratio was used to project an increase in commercial square feet of 615,291 by 2020 (Table 4). By dividing the commercial capital cost of $557,040 by the projected number of square feet provides a gross impact fee of $0.91 per square foot of commercial development. 1_ 2 C 1_ ..... ,..., ~ I. Im IIII III IIII I III IIII I IIIIIIII I I I Table 3: isle of Capri & Ochopee Fire Districts Current Cost per Unit Calculation Calls for Service Percent 60% 40% Total Gross Capital Value Depreciation Total Net Capital Value $1,188,235 $831,765 $499,O59 Total Residential Units 1,727 Total Commercial Sq Ft Gross Cost per Unit $288.97 Current Level of Service Cost/Unit $288.97 No current excess capacity Vehicle calls, brush fires and marine activities not included Costs based upon existing capital inventory less depreciation Commercial Square Feet includes capmgrounds, hotels and motels $332,706 551,646 $0.60 $0.80 4.5 Credits for Future Payments It is anticipated that all property owners will continue to pay an ad valorem tax to cover the existing and replacement lease/purchase equipment. Therefore, a credit for these future payments must be deducted from the gross impact tee calculation. The present value of the current annual lease payment of $28,000 is calculated and then allocated to residential and commercial development by the calls for service ratio (Section 4.2 and Table 4). The credit for residential development is $116.21 per unit and the credit for commercial development is $0.24 per square loot. 4.6 Net Impact Fee After tho credit for future payments, tho calculated net impact fee for residential development is $317.56 per unit. The net impact fee for commercial development is $0.66 per square foot. Since much of the demand for addi!ional fire department facilities and equipment is created by the location of development rather than the amount of additional development, it is recommended that impact fees be established at the current level of service value of $288.97 per residential unit and $0.60 per square foot of commercial development. 4.7 Extraordinary Capital Costs - High-Rise Development Add-On Fee High-rise development, three stories and higher, creates a unique demand on the fire departments. An aerial truck is required to properly fight fires in high-rise buildings. The cost of an aerial truck (approximately $309,000) is significantly higher than the standard pumper by about $159,000. This impact fee model assumes that: 1) the base cost (the cost of a pumper truck) would be covered by all development, but the additional cost of the aerial truck ($159,000) would be covered only by high-rise development; and 2) that the aerial truck could be used to respond to calls at Iow-rise and high-rise development. The Isle of Capri fire district currently has approximately 386 high-rise units. Assuming that there are 5 lots available for 20-story high-rise buildings of 125 units each, there will. be an additional 625 high-rise units constructed. It would be inappropriate to charge the 625 units for the total incremental price of the aerial truck. Therefore, the $159,000 incremental cost is divided by all 1,011 high-rise units. The additional aerial truck fee will be $157.27 per high-rise unit. Table 4: Isle of Capri & Ochopee Fire Districts Impact Fee Calculation Calls for Service Percenl Total Capital Cosl for New Growth Less Aerial extra cost Total Net Capital Cost Gross Cost per Unit Credits for Future Payments Calculated Net Impact Fee Existing Level of Service Value Proposed Net Impact Fee $1,552,400 $1,392,600 (8%, 20 yrs.) Estimated High-Rise Unils Currenl High-Rise Unils Future High-Rise Units Cost of Aerial Cost of Pumper Excess Cost of Aerial 1,011 386 625 $309,000 $159,000 Additional Fee for High Rise Residentlal: 60% $835,560 $433.78/unit ~/unit $317.56 /unit $288.97/unit $288.97/unit $157.27/unit 40% $557,040 $0.91 /sq. ft. 20.,Z.~[/sq. ft. So.ss/sq. ft. $0.60/sq. ft. $0.60/sq. ft. Population Growlh thru 2020 Isle of Capri Populalion Growth Ochopee Populalion Growth Total Population Growth 2,017 {Based on Collier County Comprehensive Planning 2007 proje~ons) ~ (Based on Collier Courtly Comprehensive Planning 2007 i:xojeclJons) 3,853 New Residential Units thru 202fl Isle of Capri Residential Unils Ochopee Residential Units Tolal New Units 1,009 1,926 units No current excess capacity Vehicle calls, bru.~h fires and marine activities not included Existing level of service requirements equal existing capital costs less depreciation Commercial square feel includes capmgrounds, hotels and motels Populalion Growth includes seasonal population People per Household: 2.0 Projecled Commercial Sq Ft/HH (551,646/.1,747 3'19 Projected capital improvements/acquisitions are part o! County Comprehensive Plan 615,291 sq. ft. 4.8 Assumptions and Disclosures 1. This impact fee methodology assumes that there is a nexus between the County's Comprehensive Land Use Plan, Capital Improvement Program and the proposed impact fees. These plans typically provide the basis for establishing the need for new capital infrastructure. 2. This impact fee methodology assumes that there is not any existing excess capacity that can adequately respond to new development. 3. This impact fee methodology does not make use of any existing facility or level of service standards. The lack of standards prevents the determination of existing shortfalls or excess capacity. 4. New capital requirements were tied to the current level of service and may be deficient or may exceed future demand generated from new growth. 5. This impact fee methodology assumes that all residential development has the same impact on the fire department. No calls for service data was available to distinguish between single family, multifamily, and mobile homes. 6. This impact fee methodology assumes that all commercial development has the same impact on the fire department. No calls for service data was available to distinguish between the different types of commercial property. 7. No data was available for number of hotel units so they are included as commercial square feet. 8. This impact fee methodology assumes that the rescue boat operated by the isle of Capri Fire District benefits the entire county and should not be part of this district's impact fee schedule. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-30 Which was adopted by the Board of County Commissioners on the 21st day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of April, 1998. DWIGHT E. BROCK ."' · '... Clerk of Courts and."~l~er'~~ Ex-officio to Board 6f By: Maureen KenyOn ':,, Deputy Clerk RESOLUTION NO. 98- 102 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PllASE ON[';, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR T~IE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOC[ATION. WHEREAS, thc Board of County Commissioners of Collier County, Florida, on July 31, 1990 approved the plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and thc Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Deparlmcnt has inspected tl~e roadway, drainage, water and sewer improvements and is recommending acceptance of said hcilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Embassy Woods Golf and Country Club at Bretonne Park, Phase One, and authorize the Clerk to release the maintenance security. BE IT FUR'rHER RESOLVED AND ORDERED that the County accept thc future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that arc not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK~.RK Approved as to form and legal sufficiency: &,z ,Ill H~di 1:] A~ht'~n Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA~L~, [3-. B~RRY,~HA~'"~ RESOLUTION NO. 98- 103 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ItOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioncrs of Collicr County, Florida, on August 30, 1990 approved the plat of Embassy Woods Golfand Country Club at Brctonnc Park, Phase Two for recording; and WttEREAS, thc dcvclopcr has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by thc Land Development Code (Collier County Ordinancc No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acccptancc of thc roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS. thc Compliance Services Section of the Development Services Dcpartmcnt has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of'said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance bc grantcd for those roadway, drainage, water and sewer improvements in Embassy Woods Gol£and Country Club at Brctonne Park, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FUR'FHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK,_~,~ :i.%.::t~i:C- c, :.. Approved as to l'oma and legal sufficiency: Hd~-cii F.'*Shtoh' Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~ RA B: I~-RRY~, C~ RESOLUTION NO. 98- 104 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. WATER AND SEWER IMPROVEMENTS IN HIGHLANDS HABITAT, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION, WHEREAS, thc Board of County Commissioners of Collier County, Florida, on September 5, 1995, approved thc plat of Highlands Habitat for recording; and WHERF. AS, thc developer has constructed and maintained thc roadway, drainage, water and sewer improvements in accordance with thc approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and tile Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-[ 7), and Wi-{ EREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and W H EREAS, tile Compliance Services Section of thc Development Services Department has inspected thc roadway, drainage, water and sewer improvcmenls and is recommending acceptance of said facilities. NOW, 1 HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Highlands Habitat. and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the t'uturc maintenance and other attendant costs for the roadway and drainage, improvcmcn!s that are not required to be maintained by the homeowners association. Thc water and sewer Facilities will be maintained by the Immokalce Water-Sewer District. This Resolution adopted after motion, second and majority ,,'otc favoring same. DATE:./~'o/'//?/~' ATTEST: DWIGHT E. BROCK, CLERK ..'7 ..... ' ' ' ' ~' .:.:.r:~:r)'S Approvcd as to lbrm and legal sufficiency: i-I$id'i Fi Ashto'n Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2309360 OR: 2411 PG: 2187 IlCOlOIO in OFFICIAL ilCOIOS of COLLII! ¢OUITYo FL let~: CLill ?0 ?~1 BOAiD lITflTIiOFlZC17240 4TH FLOOR THIS INSTRUMENT PREPARED BY: G. JOSEPH HARRISON, ESQUIRE HARRISON, HENDRICKSON, DOUGLASS & KIRKLAND. P.A, Post Office Box 400 Bradenton. Florida 34206 Telephone: (941) 746-1167 BILl. OF SALE THIS BILl, OF SALE evidencing thc sale and conveyance of thc water utility facilitics which lie within the real prop.erty as described on the attached Exhibit "A" described herein is made this ,,~/ day of ~t~/---- , 199~ by the ACQUIPORT/AMSDELL Il LIMITED PARTNERSHIP, a DelaWare limited partnership, (hereinafter referred to as "Seller"), and thc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF THE COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Scller, for and in consideration of the sum ofTen Dollars (S10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents docs grant, bargain, sell, transfer, set over and deliver unto the Buyer, and thc Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within the following described land. together with appurtenant casement fights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN BY REFERENCE Thc Seller, for itself and its successors, hereby covenants to and with thc Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as water utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against thc lawful claims and demands of all parsons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. Note: This is a Corrective Bill of Sale given to correct the legal description in a Bill of .gale executed by Seller's predecessor in title, East Naples Lely Hideway Self Storage, Ltd., recorded in Official Records Book 1223, page 1690/91 of the Public Records in Collier County, Florida. Fhis instrument is executes aha re-recoraea to reflect the corrccte(l legal description. East Naples Lely Hideaway Self Storage, Ltd. has also executed a Corrective instrument which is recorded in Official Records Book 2340, page 3100 of the Public Records in Collier County, Florida. OR: 2411 PG: 218 " IN WITNESS WllEREOF, SELLER has causcd these prcscnts to bc cxccutcd thc datc and year first above written. Signed, scalcd and delivered in our presence: ~ name/address below) Witness #2 (print name/address below) . 0 H c' uO T Oft I ACQUIPORT/AMSDELL I1 LIMITED PARTNERSHIP, a Dclaware limited partnership. By: AMSDELL I:~I. RTNERS, INC., Its General Partner By: ~ Ro resident (print address below) (Cot'poi*ate Seal) STATE OF ~/~l COUNTY OF The foregoing instrument was sworn to and acknowledged before me this~/c~/)day of r' 1995, by Robert J. Amsdeil, as President of Amsdell Partners, Inc., on ation in its capacity as General Partner of AcquiporffAmsdell II Limited Partnership, a Delaware limited partnership on behalf of the Partnership. ~EAL)~/ My Commission Expires; (Print name be[ow) Serial # (if any) Approved as to fom~ and legal sufficiency: Heidi F. Ashton Assistant County Attorney II:',j-davis\Bll.L OF SAI.E (*ollicr County.doc OR: 2411 PG: EXHIBIT A A 10.00 Foot easement over and across all lhat part (iI. Lots 30 and 31 of Block 'A" of Myrtle Cove Acres Unit No. 1, as recorded in Plat Book 3, Page 38, Collier Counb/Public Records, Collier County, Florida, being described as follows: Commencing at the southeast corner of said Lot 31; thence along the northeasterly line of said Lot 31 and lbo southwesterly right-of-way line of U.S, 41 (Tamiami Trail), North 39°04'00* West 30.01 I'eet to the Point o! Beginning of the easement herein de.';cribed: Thence South 50°56'00" West 10.00 feet; Thence Nodh 39°04'00" West 275.24 feet; Thence Soulh 50°56'00" West 95.00 feel; Thence North 39'04'00' West 10.00 feet; Thence North 50°56'00" East 105.00 feet to the northeasterly line of said Lot 30 and the southwesterly right-of-way line of U.S. 41 ('l'amiaml Trall); Thence along the said Southwesterly right-of-way line South 39°04'00" 285.24 feel Io the Point of Beginning of the easement herein described; Subject {o Easements and Restrictions of Record; and Bearings are based on the northeasterly line of said Lots 31 and 30 being North 39°04'00" West. 2189 *** H :\mm\wilson\eastnapels\utility exh,a 1601 Lease//790 FIRST AMENDMENT TO GROUND LEASE THIS FIRST AMENDMENT TO GROUND LEASE entered into this /,¢fz day of ./'~/~d.,'~,~-- ,1998 at Naples, Collier County, Florida by and BETWEEN THE STATE OF FLORIbA, DEPARTMENT OF JUVENILE JUSTICE, a State Agency, whose mailing address is 2737 Center'view Drive, Knight Building, Suite 304, Tallahassee, Florida 32399-3100, hereinafter re[erred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as 'LESSOR"· WITNESSETH WHEREAS, the LESSEE and LESSOF~ have previously entered into a Ground Lease dated May 23, 1995; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Ground Lease dated May 23, 1995 and Ten Dollars ($10.00) and other valuable consideration, the said Ground Lease is hereby amended as follows: 1. Article 1 et the Ground Lease is hereby deleted in its entirety and the following pro~,ision is substituted in ils place: ARTICLE 1. DEMISE OF LEASED LAND 1. 1 LESSOR, for and in consideration of the rents, covenants and conditions herein contained to be kept, performed and observed by LESSEE, does lease and demise to LESSEE, and LESSEE does rent and accept from LESSOR, the real property, referred to as "Leased Land" described in Exhibit "A", attached hereto and incorporated herein by reference. 1.2 LESSOR hereby represents and warrants that LESSOR is the owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. A copy of the deed providing fee simple tittle to the LESSOR is attached along with a cedi[led copy of a current survey. 1.3 LESSOR covenants and agrees that LESSEE, on keeping the covenants, conditions and terms et this Lease on LESSEE'S part to be kept and performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of the Lease without hindrance or molestation by LESSOR or any person claiming under LESSOR. 1.4 LESSEE covenants and agrees to allow LESSOR seven (7) day, twenty-four (24) hour access to LESSORS properly located adjacent to the Leased Land through an existing roadway, described in Exhibit "B", attached hereto and incorporated herein by reference. Said roadway shall be utilized for purposes of access and the installation of any utilities necessary to serve the properly owned by LESSOR. Said utilities shall in no way interfere with LESSEE'S operation of the Leased Land. 2. Except as expressly provided herein, the Ground Lease between The State t~f Florida, Department of Juvenile Justice and Collier County for the utilization of the Leased Land described in said Ground Lease dated May 23, 1995 remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have Amendment to Ground Lease the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E, BROCK, Clerk -;~/. , , beputy/Clerk Approved as 1o form and legal sufficiency: Heidi F; ~sh{(~n ' Assistant County Atlomey hereto executed this First 1 681 ,", BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BAR'I~RA' §: 'B'E'R RY ,~ STATE OF COUNTY OF /-~ Th.e foregoing Firsl Am..~ndment to Ground Lease was acknowledged before me this ~ day of ~-~J £~ \ ,19_.'.~ by BARBARA B. BERRY, as Chairman, who Is rg.~.E~na_~,v k..~n_o~.n_toJ'ne or whc~has produced [type of iden/~cation] as identi~.~ /,, (Signature of, Jtd~tar:y Public) - - (affix notarial seal) il~b'~ '~:A~d2s. 2mO IJ (Print Name of Notary Public) NOTARY PUBLIC Seflal/Commisslon #: My Commission Expires: AS TO THE LESSEE: DATED:,/'~,'/ /. /9 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE DEPT. OF JUVENILE JUSTICE Witness (Signature)' (Print Name) Witness (Signature) ..~ (Print Name) STATE OF COUN~ OF ~0¢ foregoing First Amendment to Ground Lease was ackn~ledged before me this ~ day of h~ced_~ ~,~.. ' 19~ by ~e~ ~a~. , D~~ ~who,.~ is~t~ ~ or who [type of ~denbfi~t~], a~~n. ,affix notarial seal) (Signature of Nota~ Pub~) ......... ~ ...... ~,,~.,-,a ~ NOTARY PUBLIC Seda~Commission ~:__ My Commission Expires: EXHIBIT 'A" (Page 1 of 2) 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-0192 PROJECT NO.__ PROJECT PARCEL NO.~ TAX PARCEL NO.__ A SCRIPTI N N T A V- COMMENCING AT THE NORTItWEST CORNER OF SECTION 15, TOWNSHIP 47 SOUTI I. ILANGE 29 EAST. COLLIER COUNTY, FLORIDA; TIIENCE NORTtl 84 DEGREES 51{ MINUTES 46 SECONDS EAST ALONG THE NORTtl LINE OF SECTION 15, A DIS'rANCI{ OF 1353.69 FEET; THENCE SOUTH 4 DEGREES II MINUqCES III SECONDS EAST, A DISTANCE OF 80.73 FEET', THENCE NORTH 85 DEGREES 23 MINUTES 2'/SECONDS EAST, A DISTANCE OF 19.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A FIFTEEN (15') FOOT WIDE ACCESS EASEMENT; THENCE oLONG THE CENTERLINE OF SAID FIFTEEN (15') FOOT WIDE EASEMENT TIlE LLOW[NG EIGHT (8) COURSES SOUTH 10 DEGREES 40 MINUTES 08 SECONDS EAST, A DISTANCE OF 27.69 FEET; THENCE SOUTH 6 DEGREES 40 MINUTES 20 SECONDS EAST, A DISTANCE OF 58.49 FEET; THENCE SOUTH 2 DEGREES 3 I MINUTES 3'/SECONDS EAST, A DISTANCE OF 98.84 FEET; THENCE SOUTfl 3 DEGREES 21 MINUTES 45 SECONDS EAST, A DISTANCE OF 102.28 FEET; T! IENCE SOUTH 6 DEGREES 20 MINUTES 13 SECONDS EAST, A DISTANCE OF 76.19 FEET; THENCE SOUTH 0 DEGREES :59 MINUTES 24 SECONDS EAST, A DISTANCE OF 46.74 FEET; THENCE SOLrI'H 9 DEGREES 05 MINUTES 40 SECONDS WEST, A DISTANCE OF 59.71 FEET; THENCE SOUTH 4 DEGREES ! l MINUTES 18 SECONDS EAST, A DISTANCE OF 89.67 FEET TO THE POINT OF TERMINATION. BASIS OF BEARINGS IS THE NORTH LINE OF SECTION I~ BEING NORTH 84 DEGREES 58 MINUTES 46 SECONDS EAST. PARCEL IMTWR PROFESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY COVERNMEN'r COMPLEX 3301 E 3'AMIAMI I'IINL NN~LES, FLORIDA 34112 EXHIBIT "A" (Page 2 of 2) 1 601 m-, OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 N.6/, CORNER SEC. 15, TWP. 47 S., REG. ;29 E. 53.69' S.04'll'IB'E 80.73' SKETCH OF DESCRIPTION sTDCKAD£ ROAD 27,69' 7.5 58.49' 15' EASEMENT 98,84' E, 102.28' 76,19' 24'E. 46,74' 59.71' S,04'11'18'E, 89,67' 30.15' 99.50' N.85'" ~/EST LINE ElF -7.50' S N.E. 1/4 DF THE N.~/. 403 1/4 OF SEC. 15, TWP. "' 47 S., RGE. 29 E. 30.15' I 15,oo' GENERAL NBTES P,D,T, 1> P,D.C. Indicates Point oF Commencement 2) P.D.B, Indicates Point oF Beginning ~ 3) Sec. Indicates Section o 4) Twp. Indicat;es Township '~ 5) Rge. Indicates Range 6) R/W indicates Right-oF-way 7) ALI distances are In Feet and decimals thereof 8) Basis oF bearings Is the North tine oF S.86'p4' Section 15 being N,85'58'46'E. 415.1 9) Not: vatld untess signed and seated with the embossed seal oF the proFessionat Land surveyor THIS IS ONLY A SKETCH II'E, 9.50' 28.00' 'E, DRAWN L,M.R, SCALE 03-16-98 PR-IMT~/R SHEET 2 OF 2 16~;1 '.3 "-J C~0 0,00 Z ~ 0 O0 0 ~ 0 ,,,J ,z § I ll ll I ii llilll iii Il Ill III I IIIII IIIIIIIIIIII IIIIIII IIIIII IIIIII 1VIINUTES OF ~~G I4~,RITAGE GRF,~S COMAMUNITY DEVELOPiVIENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Thursday, April 3, 1997, and continued on Friday, April 4, 1997 and on Thursday, April 10, 1997, was reconvened on Monday, April 21, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Peter Comeau Ralph Klass Chairman Vice Chairman Assistant Secretary Supervisor Supervisor Also present was: James P. Ward Bruce Anderson Assistant Manager (By Telephone) Attorney (By Telephone) FIRSt ORDER OF BUSLNESS Roll C~I! Mr. Ward called the meeting to order at 10:30 A.M. and stated that all members of the Board are present. SECOND ORDI~LR OF BUSh-NESS Continuation of Discussion of Delays and Lack of Financing for Golf Course Construction with Respect to Meeting Requirements of Bond and Notification to Bond Holder Mr. Reinders stated we are here to get updates with respect to develop. 'tnt of the golf course as it relates to our resuming development of the C.D.D. portion of the work. To that end, I will report if that is everybody's pleasure. I believe that everything is going fine at this point. Speaking for a moment for the venture which proposes to acquire and develop the golf course land, we should have a final Purchase and Sale Agreement within the next few days or so. I don't believe there are any substantive issues there. That has awaited mostly just confirmation that the underlying partnership Agreement by the va,'ious venturers is in place together with the known required equity to supplement the .... . ,ii I ii I ·I II I lllll II III [ I II .............. II II II III I II .......... ill April 21, 1997 HJM loan. That Partnership Agreement should go out in final form tonight or tomorrow and be back signed within a couple of days. That Partnership Agreement sets up the escrow of the Equity Fund with Ruden McClosky and those dollars should be on deposit with that firm by Friday of this week. I have had numerous discussions with the proposed golf course lender, HJM. It would seem that those discussions are really limited to the details of the loan documents and their due diligence or packages to get to closing. There is nothing that I am aware of that is problematic, substantive or open for major considerations in that relationship. ']?o repeat very briefly: should have Purchase and Sale Agreement for land this week with deposits in place; should have Partnership Agreement in place with equity dollars in escrow at Ruden McClosky this week. I have already signed on behalf of the golf course the basic contract with Boness although there are various items to be filled in in the way of schedules, details and alternates. I have them coming a little bit later this morning and we can participate or those here who have an interest can monitor that process so that that contract should be perfected in thc next day or two. We are aiming at closing on all fronts not later than May 15 and commence with the development immediately thereafter. We believe that subject to a little more investigation, that is going to put it into position to have the golf course open for play on or about January 15 of 1998. At the same time, as we talked about at the last meeting, U.S. Home was pursuing some alternatives in parallel discussions and I would welcome any input or comments on that if 5Ir. Comeau would care to do that. Mr. Corneau stated U.S. Home is in the process of receiving back from the Bond Underwriter various terms and conditions in reference to financing the golf course. U.S. Home did meet with the existing property owner to review potential buyout options and opportunities. At this time all further discussions have been put on hold until the new golf course operator-owner can deliver. As Mr. Reinders said, if they are successful U.S. Home's position is to have all parties deliver on the contract as signed and as originally contemplated to a venture that would move forward. U. S. Home is in a standby position and we are in a position to move forward. Nothing has been finalized between the developer-owner and U. S. Home at this time or the bond market. We have all of our pieces in place. Mr. Reinders stated in the meantime, the group I am working with has been wot'king with Mr. Comeau in terms of looking at specs, plans, schedules, contracts and so forth. We appreciate that input and all of us are working toward the same end. 2 April 21, 1997 Mr. Comeau stated as far as existing C.D.D. business, there has been ongoing cooperative efforts between U. S. Home and Mr. Reinders and Mr. Klass. More importantly, I advised Bond Underwriter Bill Reagan and others that U. S. Home is standing by and doing everything that they can to help everybody be successful. Mr. Reinders asked where does that leave us? Mr. Ward do you have any comments at this point? We left on the basis that Mr. Reagan was at least going to update our bondholder as to what was going on. Do we know anything further about that? Mr. Ward stated I spoke with Mr. Reagan last week and as of that date, he had not notified the bondholder pending the outcome of this Board meeting today. I still tend to be of the conservative opinion that until the transaction is done and signed, he probably ought to tell the bondholder with respect to the issue that is outstanding and maybe what I might recommend is that you go ahead and continue this Board meeting one more time to a date when you think the transaction will actually be closed. Then I think it has come to some finality on the issue at that point. Mr. Reinders asked what is our lead time notice on these meetings if they are not continued? Mr. Ward replied a week. Mr. And(;rson stated plus whatever time we need to get it to the paper. Mr. Reinders stated I don't like to keep continuing meetings. The time will come that we need to keep an eye on things. If anything happened in the negative, we would have to get together. I am inclined to let this meeting adjourn in due course and then as quickly as we see pro, con or otherwise, just schedule our next meeting and keep working on this in the meantime. We had authorized Mr. Reagan to at least communicate with the bondholder and I will be happy to speak with him. I will be happy to keep him fully advised of the progress on the issue, if any, but I think for the sake of good communication, we ought to let our bondholder know where we are, what we think is going on, where we think we are going to be and when. I do believe that we will get this wrapped up within the next three weeks. Mr. Comeau stated if by Friday we arrive at the solution that you have just outlined, if we could give written notification to all parties, Board members, Mr. Ward, Mr. Anderson and others. 3 April 21, 1997 Mr. Reinders stated I will be happy on behalf of this golf course venture to get out the written status report on Friday and fax it around to everybody, including Messrs. Anderson and Ward, to confirm that we made our rn/lestone or changes or anything of that nature. From there, we will be able to more fully assess the situation. Mr. Comeau stated with Boness, I went by the project today and they seem to have a lot of pipe. It seems they are getting geared up in anticipation that you will be successful with the partnership on the golf course. Do they understand that the Notice to Proceed was suspended until such time that the golf course financing is in place? Failure for you to come to a conclusion on your Partnership Agreement means the restocking of that pipe is their cost not the District's. Mr. Reinders stated they had put in a request for payment with regard to material stored on site. The understanding was these were the materials ordered when they did have a Notice to Proceed and they couldn't stop it or otherwise. They are going to press for payment. Do you have any thoughts on that? Mr. Harris stated they also had ordered from the Notice to Proceed the electric motors for lift stations with anticipation of continuing on. They have completed a substantial amount of Phase lA anyway to date and we shut them down as soon as we found out the problems we were having on financing of the golf course. There was some items purchased and labor utilized for the benefit of the community. With the PVC pipes, the electric pumps and the improvements to Phase lA, those are the costs we are going to have to consider payment on. Mr. Comeau stated or restock it. Mr. Reinders stated obviously we don't want to restock at this point because hopefully things will work out. Mr. Comeau stated on the invoices, we have thirty days so I think we should wait and see. Mr. Reinders stated I think we'll just suggest they invoice in the normal course of events and hopefully this will be resolved. Mr. Comeau stated yes and the worst case scenario is that they just pay for restocking. Mr. Reinders stated I concur. Does anybody have any comments? Is there any other business Mr. Ward? Mr. Ward replied no. Mr. Reinders asked Mr. Anderson, do you have anything? Mr. Anderson replied no. 4 April 21, 1997 Mr. Reinders stated I will entertain a motion to adjourn. liOn MOTION by Mr. Harris seconded by Mr. Bailey with][ all in favor the meeting was adjourned at 10:45 A.M. I[ Secretary 5 Monday April 21, 1997 10:30 A.M. Continued from April 10, 1997 AGENDA PrEWUTAGE GREENS COMblUNITY DEVRLOPMRNT DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Continuation of Discussion of Delays and Lack of Financing for Golf Course Construction with Respect to Meeting Requirements of Bond and Notification to Bond Holder. Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment ii II i1[11 ........................... TM ........................... IIIIIIIII MINITrES OF ~ETING I-I~.RITAGE GREENS COMMUNYrY DEVELOP1WENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Thursday, April 3, 1997, and continued on Friday, April 4, 1997 was reconvened on Thursday, April 10, 1997, at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Peter Comeau Ralph tClass Also present was: James P. Ward Bruce Anderson Bill Reagan FIR.Kr ORDER OF BUSR~SS Chairman Vice Chairman Assistant Secretary Supervisor Supervisor (By Telephone) Assistant Manager (By Telephone) Attorney (By Telephone) William R. Hough & Co. (By Telephone) Ron Can Mr. Reinders called the meeting to order at 10:45 A.M. and stated that Messrs. Bailey, Harris, Comeau and Reinders were present in person and Mr. Klass was present by telephone. SECOND ORDER OF BUSINg.g$ Discussion of Delays and Lack of Financing for Golf Course Construction with Respect to Meeting Requirements of Bond and Notification to Bond Holder Mr. Reinders stated I believe we didn't have any specific business other than to assess our information base related to the golf course and the status thereof. Is that a fair statement? Mr. Ward responded that is a fair statement. Mr. Reinders stated to that end, we can hear from anyone as to where we are at this point in time. Mr. Comeau stated one of the things that was mentioned at the last Board meeting was some type of notification requirement that Mr. Reagan has for the April I0, 1997 bond purchaser. Will you update us on what you have done and haven't done and what you anticipate advising the bond purchaser? Mr. Reagan stated at the last meeting we agreed that it would be this week, today, before I go ahead and advise the bond holder that we do not have the golf course finandng in place. At the last meeting, I said that I was not going to directly tell them that until we had this meeting and to determine whether we have any hope to get the financing in place or exactly what I should be telling them. Mr. Reinders stated that is my recollection as well that we were going to bring the best information to bear on the situation that we could, see what that means in terms of an appropriate communication to the bond holder and then go from there. On the one hand, I guess there has been some further effort at trying to get the Boness contract set up, subject to subsequent action by this Board, so that if they are the general contractor and if it is the subsequent will of this Board that we could simply issue a Notice to Proceed and have that go forward such that we have a contract with a set of numbers for the infrastructure on the residential and a situation that would permit the golf course to go forward with the same contractor as a function of the interrelationship, all without prejudice to the fact that depending on where this golf course goes, someone may want to use a different contractor, it may not go forward with Boness whatever the case may be but simply to have it in place for quick activation if it makes sense and it was this Board's subsequent will. We know that on the one hand that what was originally contemplated as a Klass/Ronto partnership to develop the golf course is in a state of flux. We kn(~w that alternatives are being explored and I think all of us can speak to those so the best of our ability at this point in time. I will start that process. I have had some discussions with Heritage Greens Developments Limited Partnership, the Owner-Developer, in terms of my joining with Klass and others for the purposes of forming a partnership to develop the golf course. As that group sits right now, there is a draft Purchase and Sale Agreement that is on the table for review; there is a partnership agreement amongst that group that is being circulated; there is a contemplated commitment under that partnership agreement to commit equity of about $1.2 million and to see the requisite equity deposited with the firm of Ruden McCloskey in a matter of a few days such that we can be comfortable that the necessary equity dollars are there; and there is a revised application pending before HJM to activate that commitment fer $4 million all with the contemplated result that there would be a closing on the title April 10, 1997 1661 and on the financing and a Notice to Proceed to the contractor in approximately 30 days. There have been some discussions with Boness to see what schedules would apply and how those relate to other commitments and anticipations. The fact of the matter is that it is going to take what time it takes to get this developed and it is probably going to push the potential opening of the course to somewhere near the end of the calendar year. Be that as it may, that is on the one hand one possibility. If that possibility does not come to fruition, we would know that in a matter of a week or so. If for any reason the partnership agreement doesn't get signed, the Purchase and Sale Agreement doesn't get signed, a revised commitment from HJM doesn't issue or the equity dollars are not put into the deposit account, any of those things would tell us that there is a problem and we can know that fairly quickly. From my personal involvement in it, I have a fair level of optimism that it can be done. I know on the other hand that based on their discussions with the developer, U.S. Home is pursuing an alternative approach to the development of the golf course and I think that that is something that is good. If Mr. Comeau or Mr. Reagan can update us, that is a time line possibility for development of the course as well. Mr. Comeau stated U.S. Home has been in touch with the Developer to review various opportunities for taking over construction and operation of the golf course. U.S. Home, first and foremost, would like to see the Ronto/Klass arrangement ancUor the Developer meet the obligations and complete the course on their o,~m. Due to failure to do so or ability of them to move forward, U.S. Home has been exploring with the Developer and through the various bond markets to determine what opportunities exist for the following: Doing the golf course itself; taking over the golf course and the entire project in its entirety and to that end, we have all of our key people in town today and tomorrow when a final decision and offer hopefully will be tendered to the Developer to see what we can do or cannot do. It will be predicated on potential golf course bonding to make it go forward. The opportunity does exist; U.S. Home believes that ~ve can make the project successful, however, there are a few key pieces remaining. We need additional corporate approval and I will need more feedback from Bond Underwriter and Bond Counsel to make sure that what we are proposing to do is actually feasible in the market place. To that end, since there are two strong positive avenues moving forward not only on Mr. Reinders' part but also on U.S. Home, that gets back to the main reason we are here and that is, what exactly do we tell our bond holder. We tell him that yes, the Klass arrangement has fallen through but in essence as 3 April 10, 1997 Mr. Reagan and Mr. Ward know, there are some very optimistic fronts being explored. That is my concern, I don't want to alarm the bond holder and even we are behind 90 days, there are some very positive activities going on behind the scenes. Everybody still believes in the project and everybody is working in their own independent effort in alternatives to make the project successful. Mr. Reagan stated I am not that worried about alarming the investor, I just think he needs to be kept informed. Nothing has happened to date and there is nothing realistically that he would try to do anyhow because there may been no payments due, there are no default payments, all that we are having is difficulty with the golf course financing and I would like to have the ability to keep him informed on what we are working on. I think we would be remiss in our responsibilities not to do that. He, just as everyone else in this transaction, wants this development to be successful, he is not going to try to stop something or harm something, he is onJy going to be helpful to us in my opinion. Mr. Comeau stated if Mr. Chairman is in agreement, in essence, all alternatives will be coming to a head in the next seven days. It is not something that is thirty days away. Mr. Reinders stated it seems that what we have come down to for the purposes of our discussion is, do we wait another week or so and then communicate what would hopefully be a final resolution of the issue and a positive one regardless of what avenue is taken to our bondholder or do we, in effect, say to them through Mr. Reagan, this is where we are, this is what is going on, you are welcome to talk to Mr. Comeau as a representative of U.S. Home, you are welcome to talk to me as a representative of this other group and we should have final determination in a week or so and we will keep you posted. That is where we are, there is not much else that as a District we can or should be doing at this point. Mr. Ward or Mr. Anderson do you have any thoughts on the advisability of one course of action versus the other in terms of the communication to the bond holder? I think we know what the message would be if there is a current communication. Mr. Ward stated my recommendation to you would be that the bond holder bought these bonds based upon a proposed deal with the Klass/Ronto group and that deal seems to not be coming to fruition. I think it would be advisable to let him know that we know that the deal is not going to close and that what the two alternatives are that are now being explored and we should have a resolution to that issue within seven days or so. That to me is a material issue from which the 4 April 10, 1997 District issued its bonds and the sooner I think that you tell the bond holder that the deal is not moving forward I think the better the District will be protected in the long term no matter what happens in a week. Mr. Anderson stated I agree with Mr. Ward. Mr. Reinders stated if what I understand from our consultants is that Messrs. Reagan, Anderson and Ward's suggestion is that if we don't have a duty we at least are advised to have full and open current communication with the bond holder. Mr. Reagan stated that is correct. Mr. Ward stated that is my opinion. Mr. Reinders asked do we want a motion to direct Mr. Reagan's communication that we can debate and vote on? Mr. Ward replied I think that would be appropriate. Mr. Comeau asked Mr. Reagan, will you please draft something for Mr. Ward and me to review? Mr. Reagan responded I am not going to dra£t anything, I prefer to just talk to the buyer and advise him what we are doing. Mr. Comeau stated that sounds good to me. Mr. Reinders stated we are obviously not trying to alarm the bond holder. It looks to me that something positive is going to occur in short order. If that is the tenor of the communication that you in good conscience can convey to the bond holder, it is that we are trying to keep him fully apprised, we are going to continue to keep him fully apprised and we are optimistic that the matter will resolve itself satisfactorily in the course of the next week or thereabouts. Is there any further discussion? On MOTION by Mr. Reinders seconded by Mr. Harris with all in favor the Underwriter was Directed to Communicate to the Bond Holder the Substance of Information Received by the Board today Pertaining to the Efforts of U.S. Home and the Other Partnership Regarding the Development of the Golf Course and to Advise the Bondholder he would be Contacted in Short Order upon Resolution of the Issue. Mr. Reinders asked what else is there to discuss? Mr. Reagan stated one thing I would like to bring up since you have all of the Board members gathered is the proposal that U.S. Home and William R. 5 Hough are debating back and forth includes a lease with the District and would require the District to actually be the issuer of a taxable bond issue. While we don't have that structure down firm so I could describe it to you in more detail, [ want to let you know, since this is an advertised meeting, that that proposed structure will be coming before the Board if we are successful at it. It at least gives you some notice that we are going to need the District to issue those debts if we can find them marketable. Mr. Reinders stated I guess we should think about continuing the meeting again. Mr. Reagan stated I think if we were ever to come before the Board, and certainly your District Counsel and your Bond Counsel would advise you, I would want to have something published specifically what is going to be on the agenda if we are going to be issuing debt by the District. It would give me more comfort and I am sure it would give the proposed buyer more comfort also. Mr. Reinders asked do you concur with that Messrs. Ward and Anderson? is that something that you think would be most appropriate for special notice in effect as opposed to mere continuation? Mr. Ward stated let me first understand what Mr. Reagan is proposing. First of all, I tend to think it would be a good thing to continue this meeting anyway to get an update next week as to where we are. I agree that if we are going to do something different with bonds than we have previously done, that has to be a separately noticed meeting with a regular agenda. I would suggest you do it in two forms: One, continue this meeting to another date and time certain to see it' we come to some verbal conclusion at least as to where we are and then if we have to re-notice more meetings for the purpose of issuing additional bonds, we can proceed with that. Mr. Reagan asked Mr. Ward, do you know offhand, years ago when we did the validation, do we need to do additional validation if this transaction is a taxable issue? Mr. Ward replied no, you don't need to do an additional validation, and I will verify that and call you back today. Mr. Reagan stated I was going to call Bond Counsel to make sure because I thought we were safe but I am a little concerned about it. Mr. Ward stated we went through this scenario one time previously on the taxable side of it and I remember that someone opined that we did not need to revalidate. 6 Mr. Reinders asked what about the amount? Mr. Reagan stated it wasn't revalidate, there was validation on the golf course site, is that right? Mr. Ward responded there was a validation on the golf course site up to a certain amount of bonds. Mr. Reagan stated I thought it was $6 million, does that sound right to you? Mr. Ward replied it was either six or seven million, I don't remember the number. Mr. Reinders stated my recollection is $6.5 million. Mr. Reagan stated Mr. Comeau and I need to discuss that after the meeting. Mr. Ward stated if' it goes over whatever the validation amount is, it obviously would have to be revalidated. Mr. Reagan stated that could take months. Mr. Reinders stated check on that please and send a memo to us and let's see if it matters if it is taxable or non-taxable, let's see if the amount is going to work and the validated amount. I don't know if there are any time limits on issuance after validation that you need to look at. Mr. Ward stated I will ask Bond Counsel that. Mr. Reinders stated on the revalidation, I would like to get a reliable projection of the time frame. That will have some impact, I suspect, on our bond holder. Mr. Ward stated we will do that. Mr. Reinders stated in the meantime, I don't know that we are in a position to do that much more other than to pick a date for our continued meeting for the purpose of updating our status and hearing back what the reaction of the bond holder was and hearing more about the question of validation. We haven't changed our posture or thinking, I assurhe, in terms of proceeding with anyt. hing on the residential until we know what direction the golf course project will take but we have done all we can to have Boness in a position to be activated at our subsequent will. Does anyone have a calendar to set a continuation date? Mr. Ward asked if we continued this over one week until Thursday, April 17th, would that give you enough time as developers to come to some conclusion with respect to the two deals you are working on? Mr. Reinders replied let me speak to what I am most familiar with which is my effort with KIass to put together a partnership and the property equity and 7 April 10, 1997 financing. My expectation is that by the 17th or 18th we would know if or if not we would have a partnership agreement a Purchase and Sale Agreement with the Developer, a nod back from HJM that they are still comt'ortable with the structure and the revised Budget and fully committed with the equity dollars. Mr. Comeau asked how much would you be depositing, $2 million? Mr. Reinders replied we feel the requirement is about $2.1 million of equity to a $4 million HJM loan. Mr. Comeau stated you can have that in the bank by Thursday. Mr. Reinders stated the partnership agreement contemplates that it goes on deposit with Ruden McCloskey all in that time frame because for our part, I want to know that we are either going forward or get out of everybody's way as quickly as possible so that other alternatives can continue to be explored. Doing this in any event with the understanding that other alternatives are being explored and I encourage that. Mr. Comeau asked with that strong of a commitment, would you recommend that U.S. Home hold off their efforts for a week, if it is to the point where you already have an agreement structured? Ori~nally, what was conveyed to U.S. Home has been that full moneys in escrow would be in place for over 30 days or more. If that was the case, we would still continue our process but if you went ahead and the only way that HJM is going to come back with a strong commitment letter is knowing that the full dollar amount is in escrow. If the full dollar amounts are in escrow, then the chances that HJM would go forward with these or-i~nal terms and conditions with some tweaking seems very feasible so that by next Thursday, the money is in escrow and a~eements made, we at U.S. Home would only wish for the Developer to proceed and complete the process. If it is only $25,000.00, then we will continue; if it is going to be a hard commitment to make this happen in a timely fashion, I applaud the efforts and wait to see what you are able to accomplish. Mr. Reinders stated my response to that is on several levels. As a Supervisor of this Distort, it would be my desire to see every avenue actively explored as quickly as possible for the sake of the development of the community, the security of the bond holder, the welfare of the property owners and so forth. As a potential contract buyer of golf course land with the group to go forward, I don't see that that causes any harm to those efforts which I would gather U.S. Home would just as soon see this proceed outside of their own efforts i~. that regard. Certainly to that extent, I don't have a problem with a simultaneous 8 April 10, 1997 track. In any event, I think it would behoove to answer a few fundamental questions to the extent you can find out, is it a marketable issue? Is there a revalidation process involved? Is it the will of U.S. Home to even do it based on all of the facts? I think those issues are still well explored and nobody is guaranteeing that anything gets done so I think it is best that every avenue continues to be actively explored. The only other thing that I don't know is if U.S. Home is potentially interested in the entire project, all of the residential, I am assuming they would want the golf course anyway. I don't know that to be the case and if that is a viable avenue, I wouldn't purport to speak for them and in any way deter or foreclose that option. Mr. Comeau asked as far as continuing the meeting, I have to be in Tallahassee next Thursday and Friday, would it be possible to meet on Monday, the 2 lst? Mr. Reinders stated Monday suits my purpose. [On MOTION by Mr. Reinders seconded by Mr. Bailey[[ [I with all in favor the meeting was recessed at 11:15 A.M.[[ [[and continued to Monday, April 21, 1997 at 10:30 A.M. at[[ lithe same location.. ][ Secretary ~ Reinders / '-Chairman //" 9 Thursday April 10, 1997 10:30 A.M. Continued from April 4, 1997 AGENDA w~LrI'AGE GREENS COMMUNITY DEVELOPMENT DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Discussion of Delays and Lack of Financing for Construction with Respect to Meeting Requirements Notification to Bond Holder. Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment Golf Course of Bond and MINUTES OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Thursday, April 3, 1997 was reconvened on Friday, April 4, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Peter Comeau Also present was: Chairman Vice Chairman Assistant Secretary Supervisor (By Telephone) James P. Ward Bruce Anderson Bill Reagan FIRST ORDER OF BUSINESS Assistant Manager Attorney William R. Hough & Co. Roll Call Mr. Reinders called the meeting to order at 10:30 A.M. and stated that Messrs. Bailey, Harris and Reinders were present. SECOND ORDER OF BUS~ Approval of the Minutes of the Jan,,nry 23, and Janum-y 31, 1997 Meetings Mr. Reinders asked does anyone have any additions, deletions or clarifications to the Minutes that are in your agenda package? Hearing none, I will entertain a motion to approve the Minutes of the Meeting of January 23, 1997 as written. liOn MOTION by Mr. Bailey seconded by Mr. Harris withl[ llall in favor the January 23, 1997 minutes were approved. Mr. Reinders stated let us proceed to the Minutes of the Meeting of January 31, 1997. Again, I call for additions, deletions or corrections. On page 4 of those minutes, six lines from the bottom, it says, "Mr. Klass stated as far as Boness is concerned,..". I think the reference should be Mr, Bailey stated as far as Boness is concerned because to the best of my knowledge Mr. Klass was never with April 4, 1997 Barnett. On page 15, six lines from the top, I believe the reference at $840,000.00 should be a reference to $825,000.00. On page 20, approximately half way through where it says, "Mr. Reinders stated my motion is basically as follows: We start with the proposition that this District has levied contracts" I think the reference was has let contracts and it should be singular "contract" not plural. On page 25, six or seven lines from the bottom, there are some references to Ronto Development or Ronto Partnership. Why don't we just refer to Developer as neither of those is a development entity, therefore, the reference should be Developer. Are there any other comments or questions? Hearing none, I will entertain a motion for approval of the Minutes as amended. liOn MOTION by Mr. Harris seconded by Mr. Bailey with all in favor the January 31, 1997 minutes were approved [[as amended. THIRD ORDER OF BUSINESS Puhlic Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement Mr. Ward stated item 3 on your agenda is a public hearing relative to the adoption of your Fiscal Year 1997 Budget and consideration of a Developer Funding Agreement thereto. As I had indicated to you at a prior meeting, this process is normally handled in the summer of each year, however, due to the state of financial emergency that this District was in last year, the District was not able to go through the Budget process and accordingly has utilized a Budget from prior years, therefore, I have prepared for you the draft Administrative Budget for your General Fund for Fiscal Year 1997. It is a standard Budget for this type of work. Along with that I have included a Developer's Agreement between Heritage Greens Limited Partnership and the C.D.D. which indicates that the Owner-Developer will make the funds available to the District on a periodic basis, essentially monthly, based upon the District's requirements for Operations. If you have any questions, I will be glad to answer them. This is a public hearing, Mr. Chairman, and at some point you should open it up to the public for comment and testimony. Mr. Reinders stated I hereby open the meeting to public comment and testimony. I show no members of the general public present other than the 2 April 4, 1997 parties previously identified. Are there any comments from the Supervisors with respect to the Administrative Budget? Mr. Harris asked is this the Budget I can utilize in disclosure to Purchasers? Mr. Ward replied no this is just the Operating Budget. Mr. Harris stated the Operating Budget is still paid by all 528 residences. Mr. Reinders stated I think the Fiscal Year 1997 Budget is going to be totally funded by the Developer. For purposes of the Developer's disclosure, U.S. Home's disclosure to prospective purchasers for subsequent years, they may want to say that this is the Budget for this current year. It is obviously subject to some changes as you go forward. For your benefit, if you look at the disclosure that was done for the Key Marco C.D.D., you will see language that is pertinent. Mr. Bailey asked does tkis Budget address the Board of Supervisor fees that are in arrears? Mr. Reinders replied no, we discussed at our prior meeting of January 23rd, as I recall, that those are the Developer's obligation to fund, they would not appear in our current Fiscal Budget but they are going to have to be funded by the Developer. Mr. Ward was going to generate a schedule of those amounts, get them to me and I was going to submit them to the Developer so that they can fund it to the District and we can disburse accordingly. I assume there is some urgency about collecting some of these moneys assuming that we adopt this Budget and approve this form of proposed Agreement between the District and the Developer, I will get it transmitted to the Developer forth~Sth. It occurs to me that there is a second Improvement Acquisition Agreement and that there are probably some sums due and owing to the Developer under that Agreement. Is it appropriate to consider applying those funds? Mr. Ward replied no it is not appropriate. I need three motions from you if you are ready for motions. I need a motion to close the public hearing. li On MOTION by Mr. Reinders seconded by Mr. Bailey[[ [with all in favor the Public Hearing on the Adoption of[[ [the Budget for Fiscal Year 1997 was closed. ][ Mr. Ward stated the second motion is a motion to adopt Resolution 97-7 which is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE 3 April 4, 1997 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1996-97. IOn MOTION by Mr. Reinders seconded by Mr. Harris with all in favor Resolution 97-7 was Adopted. Mr. Ward stated the third motion is a motion to approve the Agreement between the Heritage Greens C.D.D. and the Heritage Greens Limited Partnership to fund the Fiscal Year 1996-1997. Mr. Reinders stated that should be Heritage Greens Developments Limited Partnership as the development entity. iOn MOTION by Mr. Reinders seconded by Mr. Bailey][ with all in favor the Developer Funding Agreement as][ am,ended was approved.,, Mr. Reinders stated on the pay requests that are attached in our package, please address those to Heritage Greens Developments Limited Partnership, and send them to the attention of A. Jack Solomon as I am not affiliated with that development entity in that sense. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Anderson stated I have two items. I want to report to you that the second Improvement Acquisition Agreement that was authorized at the January 31 meeting was finalized and it has been executed by all of the parties. Secondly, I wanted to bring to your attention a change in the Subdivision Construction and Maintenance Agreement that the District enters into with the County.. Mr. Ward stated the record will reflect that Supervisor Comeau has joined us via telephone. Mr. Reinders stated Mr. Comeau to bring you quickly up to date, we have had our Call to Order, concluded our public hearing on the Fiscal Year 1997 Operating Budget and adopted same and approved the form of Agreement for funding with the Developer. We have, subject to some fairly minor amendments, approved the Minutes of the January 23rd and 31st Meetings and we were just hearing a report from Mr. Anderson which was essentially to date to the effect that the second Acquisition Agreement was finalized and signed by all parties 4 April 4, 1997 i6Slem and he was beginning to address the status of the subdivision Construction and Maintenance Agreement. With that [ will go back to Mr. Anderson. Mr. Anderson stated with regard to the Construction and Maintenance Agreement, there were some non-substantive changes which were requested by the County Attorney's Office to make the Agreement consistent with [,ow the Land Development Code reads today with regard to Community Development Districts, changes like Planning Service Director is changed to Development Service Director. There was one substantive change to the Agreement that was also initiated by the County, not the County Attorney's Office, but the amount shown in paragraph 2 of the Agreement for what the District has to set aside as the construction amount and the reserve amount for the subdivision improvements was changed from $2,310,654.00 for the construction amount. Tile new amount is S2,462,534.00. As a corollary to that, the 10~, of the construction amount, which is called a reserve amount, was changed from S231,065.00 to S246,253.00. Those changes were sent to Mr. Ward and to me and we~-e also approved by th,2 Bond Trustee. Mr. Comeau asked if the two million plus dollars came from the S1.3 million plus or minus in the Boness contract plus additional dollars fi~r fill to complete the infrastructure? Mr. Reinders replied more or less I think is the answer. I don't know theft the County t,)tallv calculates the dollar requirements in a one to one correspondence with the bid amounts. In essence, we ]lad concluded that we knew we ]lad ~ $1,315,000 contract more or less with Boness fo~- the infrastructure. We knew we were processing the S825,000.00 change order and I knew that ther,~ was another change order for discussion related to some minor drainage to the tune of about S42,000.00 so there was a fairly close corre~,p~mdence between what the District's actual contract costs were anticipated to be ~nd the amount the County was mandating in conjunction with the Agreement. I think right, wrong or indifferent, the County gets the last say. Mr. Comeau stated based on the existing status. ! know when Herita,,,,e Greens has finalized the Agreement with the County for Operations and Maintenance but because of ongoing issues for the golf course operatm' and existing conditions between the C.D.D., golf course operations and all other parties concerned, at this time, no change order should be authorized from the District to Boness for the $800,000 plus work, and it should remain as we lmve 5 April 4, 1997 already previously authorized drainage and that kind of activity. for the infrastructure, water, sewer, 1 6. 1 roads, Mr. Reinders asked before we come to that, did you have anything else in your report Mr. Anderson? Mr. Anderson replied no, I just ask that the Board ratify that change in the amount since that was a previously approved contract. Mr. Reinders stated I have no problem with that obviously as I was in part responsible for trying to finalize that Agreement as I had been charged to do by this Board. May I have a motion for the ratification requested by Mr. Anderson? il Or~ MOTION by Mr. Bailey seconded by Mr. Harris with[[ all in [avor the New Construction Amount of][ S2,462,534.00 in Pa,ragraph 2 of the Subdivision[[ Construction and Maintenance Agreement was[[ Ratified. [[ .\.Ir. Reinders stated Mr. Comeau, your point in terms of svhat we do with our contract with Boness is timely and needs to be addressed. We need to agree on what is appropriate. Mr. Com(,au stated you went ahead and executed the contract with Boness in reference to infrastructure which is fine but the), cannot proceed until the notice is so given, however, for any and all change orders, requirements for fill and other activities [ strongly recommend and insist that no further action taken at this time. .\Ir. Reinders stated let me recap where I believe we left it at our meeting January 31st. At the conclusion of that meeting, we had let the contract and authorized its execution for approximately S1,315,000.00 fi)r the infrastructure. .\Ir. Comeau stated that is correct. ~Ir. Reinders stated we had appraved entering into a change order · 552:5,000.00 with respect to earthwork. That change order has not .,,'et been finalized. Mr. Comeau stated that change order should be withdrawn. Mr. Reinders stated let's wait and let me finish the status on this item. Thirdly, we authorized giving Notice to Proceed to Boness with respect to the Phase lA infrastructure. Mr. Comeau stated all they have done is put in conduits but they have not proceeded an)' further. 6 Mr. Reinders stated we did that, it was my understanding based on the minutes and the discussion on the assumption that finalization of' the golf course financing and contracts were imminent. It subsequently came to my attention that they were not imminent and at least in some serious question. Accordingly, I took it upon myself, based upon what I understood the intent of this Board to be, to withdraw the Notice to Proceed that had been issued to Boness with respect to the Phase lA infrastructure so that they are not proceeding with that work and the District is not incurring any further cost pending some degree of certainty or comfort that the financing and development of the golf' course are such that it can proceed simultaneously with this District's work. Mr. Comeau stated that is correct. I concur that one, the Notice to Proceed needs to be withdrawn, and any and all work that Boness has done up to date based on their initial mobilization activity should be paid, however, that change order as you did say which has not been fully executed or processed for the fill needs to be withdrawn and any additional funds for expenditure of District dollars, including operational expenses based on the Budget that has been adopted, should be suspended until such time as additional golf' course financing has been secured or at least represented to the District that it is proceeding. Are you in agreement or not? Mr.. Reinders stated the only thing that I would perhaps differ with you on would be that there is probably no harm, and arguably some benefit at least in finalizing the change order with the understanding that no work is going to proceed on change order or base contract until we have our comfort level established with respect to the golf course just to get the paperwork out of' the way and otherwise be ready since the timing of' this project is starting to lag rather seriously. Mr. Come. au stated that is understandable but I do not want the change order, and I am insistent upon this, but I do not want the change order processed with Boness for the fill balance at this time. It is something that as far as going forward with infrastructure contract with the withdrawal of the Notice to Proceed, I concur but I insist on not having the change order for the fill to be finalized or in any format transmitted to Boness for consideration. Mr. Reinders asked may I ask your reasons therefor? Mr. Comeau replied because of ongoing discussion with the Developer and also discussions with potential alternative financing and construttion opportunities that may exist with the golf course, that other arrangements are 7 April 4, 1997 being looked at by the Developer and by U.S. Home trying to determine who would be the best to develop the golf course based on various alternatives, based on Mr. Klass's failure to perform in providing funds necessary to build the community and to meet his obligations. Any further obligations on the part of the District would therefore be foolhardy and irresponsible on the District's part. Mr. Reinders stated this District still needs to assure itself' of the availability of some fill material to do its work. Mr. Comeau stated that is correct. There is no assurance at this time frame since work has been suspended for completion of the earthwork and if Boness did proceed and was the earthwork contractor in conjunction with the golf course, there would be no problem, but they may not be and consequently they may not be in the position to acquire the fill from site based on the interaction and the integral component that is going to occur between earthwork and golf course contractor and that is going to be assisting the District in meeting their obligations of providing infrastructure and fill at least to finished lot grade and drainage operations. Mr. Reinders asked is there any further comment or discussion? I assume you are putting this in the form of a motion? Mr. Comeau stated that is correct. Mr. Bailey asked how much of the fill is allocated to the golf course? Mr. Reinders replied I have forgotten the specific percentages but I think it was referenced in the minutes of prior meetings. It was something on the order of thirty or forty percent going to the residential as I recall. Forty-two percent is the number that comes to mind. Mr. Bailey stated I don't see the harm in going ahead with the change order as long as we don't obligate the District in the funding. We have done the same thing with the basic contract without giving the Notice to Proceed. We haven't obligated the District. Mr. Reinders stated I am of the same opinion because on the one hand the District has some interest assuming everything is proceeding with Boness and that the golf course is coming and assuring itself of what I thought was an advantageous arrangement with respect to the securing of fill material. Also, however the golf course goes forward, whether it goes forward through a subsequent bond issue or it goes forward through other parties or institutional financing, there is probably some desirability in knowing what the golf course 8 April 4, 1997 development costs are which are also a function of this change order to the extent that it would be mirrored by a reduction of those costs for golf course development. Mr. Comeau stated but as a practicality issue, if Boness is not the earthwork contractor for the golf course and this fill is going to be obligated to the District's point of view, they may not be the most cost effective firm to provide fill for the balance of the project in reference to the C.D.D. obligations and responsibilities. The assumptions upon which original fill considerations were put forth are now null and void. The District may have the opportunity to obtain more cost effective fill in a more efficient and effective manner based on what golf course operator and earthwork contractor cost sharing may exist. To assume that Boness will be that contractor should not be taken for granted. Second, until such arrangements for earthwork and golf course and overall site work are finalized, that component of the project, to assume and obligate the District even with the Notice to Proceed with the assumption that they will be able to provide the fill is inconsistent with the same conditions that exist with the Developer Ronto and their partnerships and the Ronto Klass arrangement. Notification has been given that Klass is in default in complying with their obligation to proceed with the golf course and consequently are in no position not only to not meet the Developer's and the Klass partnership to proceed but they are in default of that arrangement and therefore since Klass is planning on using Boness, there are no assurances that they will be able to fulfill their contract with Ronto Klass partnership and to deliver the golf course and earthwork. The whole assumption that Boness and the District being able to provide fill under that arrangement with the cost savings is null and void. The assumptions that were made and the obligations that were being considered and the premise that was being put forward are non-existent at this time. Mr. Reinders stated I will make one other comment and we will see if we can take some formal action. I still consider that time is of the essence from all parties perspective. This project is roughly 90 days behind schedule at this point. Mr. Comeau stated that is correct. Mr. Reinders stated assuming we reach the point that it is desirable to go forward, I think we are going to want to be able to move as quickly as possible on all fronts and as it stands right now, if we have not at least conditionally perfected our contract with respect to the District service, the work to be performed through the District, we are going to be issuing Notice of Meeting, we are going to have meetings, we are going to have discussions, we are going to do paperwork and 9 April 4, 1997 then we are going to lag another several weeks. To that end, I would see little ham in entering into a conditional change order with Boness to District that says at this District's election, and assuming that Boness in in fact the contractor for the golf course, then we can activate this change order for $825,000.00 and assure ourselves of the benefit of that fill availability. We can then decide whether or not we choose to exercise that option but at least we have put it in place such that we can go forward at any time. Those are my thoughts on the matter. Right now I have a motion, I do not have a second. Do I have a second to the motion? Let's go back to where we are. Right now, we have a situation that says that for the record, we entered into the contract for $1,315,000.00; we are authorized to negotiate a change order for $825,000.00; we issued a Notice to Proceed; we would like some ratification for the fact that we withdrew the Notice to Proceed and I would like to have all of us agree on what conditions, if any, we will be going forward. Mr. Comeau stated the problem with that is the premise is that Klass and Ronto will proceed with Boness. U.S. Home has informed me that Ronto has notified U.S. Home that Klass has defaulted on their arrangement, therefor-e, the premise upon which to proceed with Boness on the golf course is nonexistent. That is the problem. Mr. Reinders stated I agree; that is the problem. Mr. Comeau asked why would you go forward and assume that Boness can deliver on the arrangement with the cost saving mechanism that was reviewed at last meeting when that is null and void? More importantly it has been conveyed that as you proceed with the golf course, Mr. Klass has been notified and as such it has been corresponded to U.S. Home that they are in default, that U.S. Home contractually with their obligations with Ronto have the right to approve or disapprove any contractor that goes forward with the project until the C.D.D. has the obligation to go forward with the infrastructure and support Boness for that property. Boness is not in a position with the Klass Ronto relationship to build the golf course and do the earthwork because Ronto as the Developer has notified Klass that he is in default. As such, the premise upon the change order that was entered into or considered at the last meeting is null and void. Mr. Reinders stated not totally. I think the premise of approving the change order was that Boness shall have entered into a contract with the golf course operator and if that premise is not subsequently fulfilled, then that change order does not get its Notice to Proceed. 10 Mr. Comeau asked why proceed at all? Mr. Reinders replied time. That was my argument earlier. Mr. Comeau stated the change order for the fill should be placed on hold until such time as other obligations by other parties involved with this project can be finalized. Mr. Reinders stated in any event, we have no motions on the floor at the moment. Mr. Comeau stated ! will make a motion that at this time that any change orders to the Boness contract be placed on hold until formal notification of finalization of other earthwork in the golf course for scale of economies has been finalized and so notified to the District. Mr. Reinders asked do ! have a second to the motion? The motion fails for ~ack of a second. Do ! have any other motions? Mr. Harris stated ! make a motion to accept the $825,000.00 change order. Mr. Reinders stated ! think we are there already. The motion made at the meeting of January 31 was my motion seconded by Mr. Comeau with all in favor authorizing that a change order to the Boness contract be negotiated to provide a lump sum figure not to exceed $895,000.00 to meet the fill requirements of the District. It was stipulated that no Notice to Proceed would issue as to that change order until such time that the golf course entity, whoever that may be, has finalized a contract for the golf course development and secured its financing and closed on same. ! think we are exactly where we want to be. The only motion ! want is approva] for hav~ng withdrawn the Notice to Proceed on Phase lA and then ! am going out and negotiate the change order for $825,000.00. Mr. %Vard stated the record will reflect that Mr. Comeau has ~eft the meeting in order to change telephones. There not being any, the next item £ollowed. C. Manager Mr. Ward stated while we are awaiting Mr. Comeau's return, I will make my report. With the old Dove Pointe, now Heritage Greens C.D.D., coming back into compliance with the financial accounting standards, I have provided to you an audit for Fiscal Year 1996 which is for the year ended September 30, 1996. I will go through the important points. On page 1 is the Auditor's letter relative to your financial statements and it is essentially an unqualified Auditor's Report 1! April 4, 1997 which means that he did not find any irregularities in the presentation or preparation of your financial work that would cause him to qualify the statement. That is, in fact, the most important issue that you have dealt with for many years. Pages 2 and 3 contain a Balance Sheet and Income Statement. The record will reflect that Mr. Comeau has rejoined the meeting. While you were changing phones, I was going through the audited financial statements. As I stated, pages 2 and 3 are the Balance Sheet and Income Statement. It shows that there is a $141,000 Fund Deficit for 9/30/96. That will be cleared up when you see your 9/30/97 financial statements either from bond proceeds that were utilized to pay some of the professionals or alternatively through funding by the Primary Developer. Pages 4, 5 and 6 are the Notes to the Financial Statements. Again, the only significant notes are on page 6 relative to the Deficit Fund Balance and Subsequent Event note in which the District issued $6 million in special assessment bonds to provide the cost of constructing these facilities. Pages 7 through 12 are three additional letters that auditors are required to provide to you. They are the Report on Internal Controls, the compliance with Statutes letter and then the Management Letter which is on page 10. There were no comments on the Internal Controls Report, no comments on the state law requirements and then in the Management Letter you will notice a couple of comments, all related to the fact that the District was in a state of financial emergency. On the bottom of page 11 the Current Year Comments about the District not preparing and approving the Budget in accordance with 190.008 which is the requirement that it do that in the summer months. As I mentioned, we were not able to do that because of a state of financial emergency that the District was in. Also on the bottom, relative to the disclosure requirements of a state of financial emergency, although that has been complied with, it is still a Management Letter comment required. Those are the only two comments which will clear themselves up automatically as a part of your audit for next year. If you have any questions, I will answer them; if not, a motion to accept your Financial Statements would be in order. il On MOTION by Mr. Reinders seconded by Mr. HarriSl[ with all in favor the Financial Statements for the YearH Ended September 30, 1996 as prepared by Schultz,~ Chaipel & Co. was accepted., April 4, 1997 Mr. Reinders stated to return to our previous topic, I will try to summarize where we are currently. I understand what you are saying that on the one hand this change order which is in effect premised on Boness being the contractor for the golf course is obviously not of any benefit to this District in the event that Boness does not become the contractor for the golf course. This District does not control who becomes the contractor for the golf course. In fact, we may have a problem with our base contract if they do not become the contractor although I guess it was separately bid, bonded and contracted so I will assume that at least potentially stays in place. On the other hand, I see no harm in leaving things as we previously authorized them because in the event they do become the contractor, at least our contract is complete at that point and we are in a position to immediately proceed without further ado or delays with a job that is already seriously off its time line. I would consider that our failure to date to make any change to our prior authorized actions does not foreclose us from subsequently not sending a Notice to Proceed on the change order or negotiating with whomever the contractor may be on the golf course, if there is one, and be in a position where we can at least fix our costs on the assumption Boness is the contractor, expedite our ability to move forward if they become the contractor for the golf course and do that without any prejudice to whomever is the golf course developer and whatever their contractual relationships or preferences may be. I ask, however, that because at our prior meeting, we agreed to give Notice to Proceed to Boness on Phase lA and, based on my understanding of the implicit will of this Board, I retracted that Notice to Proceed and I think going back to what you said a moment ago, Mr. Comeau, that we don't want to issue a Notice to Proceed until we know that this golf course matter is resolved, I would like a motion to authorize the withdrawal of the Notice to Proceed and provide that no Notice to Proceed will issue until such time as we all concur that adequate arrangements have been made with respect to the golf course development. Mr. Comeau stated I believe the motion should be to confirm the Chairman's actions because you have already done it. We have the right regardless of who the golf course contractor is to withdraw that change order. Mr. Reinders stated we should make sure that that change order specifically says that it is conditioned upon Boness becoming the contractor on the he golf course and that we may withdraw or that its activation is totally at the future will of this Board premised on their becoming the golf course contractor. Mr. Comeau asked what if they don't get to be the golf course contractor? April 4, 1997 1 6Gl Mr. Reinders stated that voids the change order in effect because they obviously can't perform at that point. Mr. Comeau stated second, the reissuance of the Notice to Proceed should be based on written documentation not any one representation by any particular Board member but upon official written notification and documentation to the satisfaction of the Board and the Board's Counsel that yes indeed there are arrangements to proceed with the golf course and that all financing and all appropriate documentations of other parties to this project have been filed to proceed and perform. Mr. Reinders stated I will try to restate it for the record so that all of us are comfortable. ! interpret the motion to ratify my former actions in withdrawing the Notice to Proceed to Boness with respect to Phase lA of the infrastructure and to provide that no Notice to Proceed will issue from the District until such time as we and our Counsel are satisfied that adequate arrangements have been made to fund the golf course development. I said "we" in the sense that I would anticipate in that case that this Board would convene for the purposes of making that determination. I think that is the easiest way to do it rather than to try to specify who the Notice shall come from and what the standards for review by Counsel are. In other words, if you agree Mr. Comeau that this is the essence of your motion, no Notice to Proceed will issue absent subsequent action by this Board of Supervisors. Mr. Comeau stated that is correct and the third component would be that if it proceeds ~ith Boness as that earthwork contractor, the change order for fill would be withdrawn or renegotiated as such. Mr. Reinders stated I accept that, the change order for the $825,000.00 fill, is that correct? Mr. Comeau replied that is correct. 'On MOTION by Mr. Comeau seconded by Mr. Reinders with all in favor Chairman Reinders' Withdrawal of Notice to Proceed to Boness on Phase lA of the[i Infrastructure was Ratified and it was Stipulated that No Notice to Proceed will issue from the District until District and District Counsel at a Board Supervisors[ Meeting are satisfied that Adequate Arrangements for[ Funding Golf' Course Development have been made;II further that if Boness does not become the Earthwork Contractor, the $825,000.00 Change Order for Fill be Withdrawn or Rene~otiated. *'mr 02 s Mr. Reinders asked are there l'fearing none, we ~'11 move to item 6. any additional SUpervisor.s ~r. Ward S~te~ ~'de~, ~r~ ~r. ~ind- u We have F- - ~2 '-uon ~ °Der address_ "Is asked ~e .- ~ding Reque~,_. ,~Ir ~,, ees? [nOse the i' ~ Oefore ,~ ~ _ Mr'~[~rd replied ue- [ems that I ad~ Board for Derek- ' 'm~nders ~. - s ~. ~'essed ea-,- ~prova '}~er,~s~atco~.~a~? We apProv '"eras tel em. a they haw ~, na fO~ard ~ - "~ready been ~ ~,em to ~orwa. "'d but You need to Air. Reinders as · Air. Come- ked ~s th~- urward ~Sth ,, uu Stated o~ ~re any fu~_ - Will be - "'cne i~ra~,- "~ et the t[;- ,,er busines~¢ and Xr. ~:s, however ;, ~ Oel~eve th~ ~--us °bligati~ ~.Uays behi~ . ~- -"'" ~der~_ ' '~ WOuld b~ - ~ °°~d wip ~ ~'" ~ believe "~ an~ nevi eonS, and ~ ~a WOuld__, . ~ P~dent .... . ue in a - that ne~o,: . n~ co~. uete~i~ ~e~ la to- - ac this U-- positio~ . ~ [~at~ons . ~'ance w:-- "~ What ~... uca with ~., ~e iFou- ~ ', [o mee~ -- or f ~,r. Reagan ~v' oon~ing obl;._j~ea to be t~[- ~un, our Un~ ~' ~}1r. ~Va~ o~e ...."~V~d st~ ~ oe req~.r~~ '~, cOnee~s ~_ .~, ~e need ~ - ~ua[~nUe in ~ ~11 'SChedule ,t aeag~ is h~.~ ~a or addition~, ~ r~p°rt mat for t~ ~ so ~f he . "croons "~ next meeting W~ts to do tha,_ April 4, 1997 Mr. Comeau stated I request that for the next meeting Mr. Reagan be kind enough to give a report. Mr. Reinders asked let me ask what communications, if any, have been sent to the bondholder with respect to our current status? Mr. Reagan replied it was about three weeks ago that the bond buyer, which happens to be Alliance Capital who is the holder of all the bonds, showed up unannounced because he was in the area for other purposes and asked to see the property and walk on it. When you are in that particular situation and four days before that I was notified by Klass that he was no longer coming up with his money, it does make you wonder. I called the Chairman and I called the Manager and said I had some concerns about bond proceeds, we do have the bond purchaser on site. I talked to the bond purchaser and informed him that we were having difficulty with the golf course site. I told him there was some strong interest at that time that U.S. Homes might come in and secure ties to debt 3,Ir. Comeau, if you will recall, that was our preliminary conversation. He was okay with that but he did put me on notice as he left, as investors tend to do, any change in that status he wanted to know immediately and that is rightly so. For the record, I thought today was my deadline before I called them and told them we have a problem. I would say that I could stretch it out for 48 to 72 hours but there is a point where I start creating tremendous liability for my firm without notifying them of the problem. To answer Mr. Comeau's question, you will have something from me either verbally or in writing as to our notification of the bond buyer. I don't mean to create a knee-jerk reaction ~-ith that. That holder of the bonds doesn't want anything to happen to this District so he is not going to come in and say I want this property, I don't think that will be their position at all. I think they will just want to be informed, know what we are doing about it and is it going to create any future problems and that is what I would so advise them. I would rather go to them and say we have this problem, here is how we contemplate correcting it and we are going to give ourselves X amount of days, do you have any problems, suggestions or can you offer any assistance. I have already asked if he would like to con:e in ~"ith $6 million of tax-free debt and he did not seem interested in that. Mr. Reinders stated I am in favor of providing fair notice and information to our bond holder. I still have every confidence that we will go forward in a proper manner. We know there are several parties interested in trying to move this golf course to commencement in fairly short order. Klass is still making his 16 April 4, 1997 efforts, he has defaulted but that agreement has not been terminated. We understand that U.S. Home is looking at some arrangements, there may be others who are at least contemplating it. I still suspect it is a very viable golf course operation so I think all we have suffered is some delay and anguish but I don't think we will suffer monetarily. Mr. Reagan stated the point that you will probably come to in a few weeks I imagine is that you are eating up interest which is going to bond proceeds. You have a payment coming up this year sometime and there will be a point where all of that needs to come to a halt, collapse the bond issue, see if you can work out some sort of settlement, return the money and I am making this very simple but we need to try to do those sort of things if we see ourselves having further delay. As you start eating up money, then you are worrying about them being intimately knowledgeable about the transaction and you have to worry about the Developer' side, what he is going through. Somehow, probably within the next ten days, I imagine we are going to have a meeting to decide how you are going to proceed with this transaction because what I am mostly concerned about now is you haven't gone through many dollars yet, is that correct? That is still a fairly small amount of bond proceeds. Mr. Ward responded it is a couple of hundred thousand dollars. Mr. Reagan stated your next big payment will be the capitalized interest payment. I would rather be able to go to the bond holder with almost all of the money in place. When he was down here in January or February, I told him bond proceeds are in place, we have just spent a couple of hundred thousand dollars which I got from the Trustee. Mr. Reinders stated I don't know if the answer is a week or ten days. It seems to me that if we haven't seen a plan of action that gives a reasonable degree of comfort in that time, we need to think about the alternatives. My guess would be we are 30-45 days away from actually seeing someone get in the ground on the golf course in the best of circumstances however it proceeds. We would like to know who is proposed to be a golf course developer and on what basis and what their time line for getting started is. To that end, I suspect it may be appropriate to continue this meeting to a time and date certain so we can review our stat,,s in a week or ten days. Mr. Comeau stated I recommend this time next week. Mr. Ward stated I am booked all day next Friday, could we do il on Thursday? April 4, 1997 Mr. Reinders stated Iarn not adverse to that. Mr. Comeau stated Thursday is fine except that if Mr. Reagan is proceeding within 72 hours with some form of notification and there are actions that he needs to take in reference to the bond purchaser and because of the weekly changes that are occurring with options concerning the golf course construction, with this time frame, it seems prudent that the Board meet regularly to assess what actions may be necessary to meet the comfort level of the bond purchaser. Mr. Reinders stated the other thing that occurs to me is, and I hesit, ate to speculate, but is the interest that U.S. Home is displaying potentially related to this golf course predicated on an additional bond issue by this District. Mr. Reagan stated Mr. Comeau, I haven't discussed with this District or any members of the District my discussions with your firm, not for any purpose not to, it is just that I haven't had the arena to do that. Mr. Comeau stated that is only one of three options that is being explored and nothing has been finalized. U.S. Home is in a position that they are looking and the number one objective of U.S. Home is to have the Developer perform in all aspects including golf course construction and earthwork and they are looking forward to the C.D.D. performing as we know they would in providing infrastructure and support to meet their obligation. Failure of the Developer to perform, U.S. Home is exploring options as you pointed out previously, Mr. Chairman, as other people are looking at financing options for the golf course, so is U.S. Home. At such time as more formal arrangements have been finalized in reference to a bond financing, which is only one option, the Board shall be so notified but at this time, nothing has been finalized. Mr. Reinders stated perhaps we should reconvene on next Thursday and those that can't be here in person can be by phone and we ~vill see if the smoke has cleared at a]l in the interim. Mr. Comeau asked Mr. Reagan do you deem that to be appropriate? Mr. Reagan replied yes. Mr. Reinders stated that will be 10:30 A.M. on Thursday, April 10. Do we have any other business before we entertain a motion to continue the meeting? There not being any, I will entertain a motion to continue this meeting on Thursday, the 10th day of April at 10:30 A.M. at these offices. IOn MOTION by Mr. Comeau seconded by Mr. Baile¥~ with all in favor the meeting was continued to Thursday, April 10, 1997 at 10:30 A.M., at 277 N. Collier Boulevard,~[ Marco Island, Florida. Charles F. Bailey Assistant Secretary Jagi~es~l;~inders Cl~fman Friday April 4, 1997 10:30 A.M. Continued from April 3, 1997 AGENDA HERITAGE GREENS COMMUNITY DEVELOP~ DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of the Minutes of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests 1 and 2 Adjournment ~LUTION 97-7 A RESOLUTION ADO/rrING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1996- Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 3rd day of April, 1997, at which members of' the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COi~dUNITY DEVELOPMENT D~C-~r;, 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget ofthe District for Fiscal Year 1996-97. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 3rd day of April, 1997. .?,, /. ,~ / G~y L. ~ oVI~r--/~-~ Secretary Ja_~-~ Reinders Chairman //' / I I III II II IIII I IIII I I II IIII Heritage Greens Community Development District 16{J1 Budget- General Fund Fiscal Year 1997 Revenue: Developer Co~',tribution Appropriations: Professio~'~al Fees: Board of Supervisor's Fees Engineering Legal Audit Arbitrage Rebate Calculations (N/A FY 1997) .Management Dissemination Agent Fees Trustee (N/A FY 1997) Administratir'e Fees: Telephone Postage & Reproduction Rentals & Leases Office Expenses & Supplies 'Computer Services Insurance Legal Advertisir. g Subscriptions & Memberships Contingenoes Other Fees ~r.d Charges: Property Appraiser Tax Collector Revenue Reserve Not Applicable for FY 1997 Total Revenue: Sub-total: Sub-total: Sub-total: $107,350 $107,350 S12,000 520,000 520,060 $6,5O0 $0 528,875 55,0O0 50 592,375 $500 5600 $2,400 S60O :51.500 5175 $1 514,975 $0 Total Appropriations: 5107,350 THIS AGREEMENT, made and entered into tkis 3rd day of April, 1997 by and between: Heritage Greens Community Development District, a public corporation created pursuant to Chnpter 190, Florida Statutes, and Heritage Greens Developments Limited Partnership, herei~f~r WIT and NESSETH: WHEREAS, the Developer owns the majority of all lands within the District; WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharKing said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget covering the balance of fiscal year 1997; NOW, THE~FO~, based upon good and valuable consideration and mutual covenants of the parties here~r recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A", monthly, with/n fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a port/on of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances made pursuant to this agreement and reimbursement of s~me will not include any interest charge since it is anticipated that the District will proceed in a ~imely fashion to obtain its note(s) or bond(s). Secretary Heritage Greens Community Jio~des Reinders// Chairman .-/ Heritage Greens Developments Limited Partnership Heritage Greens Community Development District Budget - General Fund Fiscal Year 1997 Revenue: DeveloFer Contribution Appropriations: Board oi SuFer.Asor's Fees Engineering Legal Audit Arbitrage Rebate Calculations (N/A FY 1997) Management Dissemination Agent Fees Trustee (N/A F'Y 1997) Telephone Postage & Re?r.?duc~on Rentals & Leases Oft'ice Expenses & Sup?hes 'Co rn puter 5er:'i cos Insurance Legal Advertising Subscriptions & Memb..,rshi~s Contingencies O:her Fe~ ,md C.;:arge_~ Properv/Appraiser Tax Collector Revenue Reserve Not Applicable for FY 1997 Total Revenue: Sub-total: $107,350 $107,350 $12,000 $20,0C0 S20,0C0 56,500 S0 S28,$75 SS,CCO 30 592,375 55C;0 5600 $2,4C0 5600 $6,0C0 Sl 5!75 $I Sub-total: S14,975 Sub-totah Total Appropriations: 5107,350 Hedta~e Greens £ommunit¥ Development D~stdct February 18. 1997 The Ronto Group 277 North Collier Blvd. Marco Island. Fl. 34145 Attention: Subject:. James Reinders Heritage Greens Community Development District Fund Request Dear Mr. Reinders. The current funding requirement for the Heritage Greens Community Development District Is necessary to pa}, the following. Indian Trac~ CDD Long Distance Faxes Invoice #J5 12/96 long Distance Faxes Coral Svrtngs Imvrovement District Postage/Copies/Rent/Fax/Office Supplies Schultz. Chatp¢l & Co, Professional Services Gary L. Moyer Policy Books Federal Ex'press Management Fees 3/94-12/96 January/February '97 Rent January/February '97 Computer Mary W. Morgan Statistical Report of Voter Registrants Fedex 1/28 Service Naples Dally News Notice of I/23 Meeting Invitation To Bid Ace Industries Pay Request # 1 $26.50 $0.50 $4.555.23 $2,000.00 $48.00 $46.50 $17,666.73 $400.00 $1.000.00 S25.00 $44.50 850.40 S243.69 Seal 866.90 Total Request: $26,173.95 Accordingly. it would be appropriate for Thc Ronto Group to fund these items at your earliest. convenience. Thank you for your attention to this matter and If you have any questions, please let me know. In the meantime. I remain. Send Check To: Heritage Greens CDD c/o Randy White 10300 N.W. 11th Manor Coral Springs, Fl. 33071 Yours sincerely. Randolph G. White Director of Accounting Heritage Greens Community, Development District February :25. 1997 The Ronto Group 277 North Collier Blvd. Marco Island, Fl. 34145 AttenUon: James Relnders Subject:. Heritage Greens Community Development District Fund Request Dear Mr. Retnders. The current funding requirement for the Heritage Greens Community Development Dlstrtct is necessary to pay the following. Pay Request #2 Suvervisor Fees If for any reason you do not agree with the supervisors that we show on the attached worksheet, please inform us who you do not want paid when you send the funding check. $8.200.00 Gary L, MoYer. P.A. Fees for bond dosing Total Request: $11.666.67 $10,866.67 Accordingly, it would be ;tppropriate for Thc Ronto Group to fund these items at your earliest convenience. ' Thank you for 3'our attention to this matter and If you have any questions, please let me know. In the meantime. I remain. Send Check To: Heritage Greens CDD c/o Randy White 10300 N.W. 11th Manor Coral Springs, Fl. 33071 Yours sincerely. Randolph G. White Director of Accounting HERITAGE GREENS COMMUIhTI~' DEVELOP,%iENT DISTRICI' (F/K/A DOVE POINTE CO~fL.'NTI'Y DEVELOPMENT DISTRICT) GENERAL PL~,.POSE FL-~ANCIAL STATE~iF.~,'TS AS OF AN'I) FOR THE YEAR ENDED SEPTEMBER 30, 19~6 TABLE OF CO~fENTS INDEPELrDE}rr AUDITORS' REPORT GENERAL PURPOSE FINANCIAL STATEMENTS Balance Shee~ - General Fund Sta=_m_n:= ,= cf Revenues, Expenditures and Changes in Fund Deficit - General Fund Notes uo General Purpose Financial Statements Independent Auditors' Report on Internal Control Sz--ucture Based on a Audit of General Purpose Financial Statements Performed in Accordance with Gover~en~ Auditing Standards Independent Auditors' Report on Compliance Based on an Aud~ At of General Purpose Financial Statements Perfo_--med in Accordance with Government Auditing Standards Management Letter 10 3 4 - 6 7 8 9 12 INDW-PENDE1TT AUDITORS' P. EPORT The Board cf Supervisors Heritasev___ns~-== Community Development Disgrict Cot~=~ ~ ....... Florida I We have audited the accompanying general purpose financial statements of Heritage Greens Community Development District (the "District"), as of and for the year ended September 30, 1996, as listed in the Table of Contents. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to exp. ress an opinion on these general purpose financial statements based on our au/it. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller Gene_-i~= cf the United States. Those standards recuire, that we plan and perfo~r.., the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes exar. ining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates ..~ade by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the District, as of September 30, 1996, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated March 10, 1997, on our consideration of the District's internal control structure and a report dated March 10, 1997, on its compliance with laws and regulations. Chaipel' & Co. M~h I0, 1997 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET GENERAL FUND September 30, 1996 ASSETS Cash Total assets LIABILITIES AND FUND DEFICIT LIABILITIES Accounts payable Total liabilities FUND DEFICIT Fund deficit Unreserved Undesignated Total fu~d deficit Total liabilities and fund deficit 2.ooo 2,000 ¢141.05~) $ 2~000 The accompanying notes are an integral part of these general purpose financial statements. 2 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND DEFICIT - GENERAL FUND For the Year Ended September 30, 1996 REVENUES Contributions from developer in lieu of assessments Total revenues EXPENDITURES Current Physical environment Operating expenses Total expenditures EXCESS OF EXPENDITURES OVER P. EVENUE OTHER FINANCING SOURCES Forgiveness of indebtedness FUND DEFICIT October 1, 1995 FUND DEFICIT September 30, 1996 $ 250 250 31,256 31,256 (31,006) 98,184 (208,229) $(141,05i) The accompanying notes are an integral part of these general purpose financial statements. 3 HERITAGE GREEKS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 1996 NOTE 1 - SUMMARY OF SIGNIFICA/~ ACCOUNTING POLICIES The Heritage Greens Community Development District (formerly know~ as Dove Poin~e Co.~unity Development District) was established July 20, 1993, by the Collier County Board of County Comr, issioners pursuant to Ordinance 93-39 as amended, and the provisions of Chapter 190, Florida Statutes. The District was established to provide for the ownership, operation and m~intenance of certain community-wide infrastructure. The accounting policies of Heritage Greens Co~mLunity Development District conform with generally accepted accounting principles (GAAP! as applicable to governments. Heritage Greens Development Limited Partnership, is the present rajcr landowner in the District and is represented by three of the f!ve members on the Board of Supervisors. The following is a summary of the more significant policies: Scope of the District The criteria used in determining the scope of the entity for financial reporting purposes is that of management oversight by the Districts' Board of Supervisors. Ail such activities are included in the following funds: Goverzumental Fund Type General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Fund Accounting The District is organized on the basis of a fund which is considered a separate accounting entity. The operations of the fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Govermment resources are allocated to, and accounted for, in individual funds, based upon the purposes for which they are to be spent and the means by which spending activities are controlled. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENEP3%L PURPOSE FINANCIAL STATEMENTS September 30, 1996 16Gl"' NOTE SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement Focus The General Fund is accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balances (net current assets) are considered a measure of available, spendable or appropriable resources. General Fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financin9 uses) in net current assets. Basis of Accounting The General Fund is accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable and available for use. Expenditures are generally recognized when the liability is incurred. Budgets Pursuant to Florida Statute 190.008, on or before July !Sth of each year, the District's manager is to provide the Board of Supe?visors with a proposed budget. The Board is to consider this proposed budget, approve it as presented or modify it if deemed necessary. The Board is to indicate its approval of the budget by resolution and provide for public hearing. At the conclusion of the public hearing, the Board, by resolution, will adopt the finally approved budget. The budget must be adopted prior to October 1st of each year. For the year ended September 30, 1996, the Board did not adopt a budget in accordance with Florida Statute 190.008. NOTE 2 - CASH AND INVESTMENTS Florida Statutes provide that each special district may deposit its public funds in the Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. Ail such deposits are classified as fully insured. Florida Statutes also provide that Special Districts may invest in securities limited to obligations of the U.S. Government, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual funds which invest in only the aforementioned securities. Ail deposits during and at the end of the year were in compliance with statutes. 5 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 1996 NOTE 2 - CASH AND INVESTMENTS (Continued) At September 30, 1996, the District had cash of $2,000 t~at was insured by the FDIC. NOTE 3 - AGRE~'HENTS WITH DEVELOPER - RELATED PARTITRANSACTIONS In August 1993, the District entered into a funding agreement with Dove Pointe Development Corporation ("DPDC"), the original developer/landowner. DPDC agreed to fund the operations of the District from August 2, 1993, through September 30, 1994. Such amounts received were to be considered contributions in lieu of assessments. Since September 7, 1994, DPDC has not provided any funds resulting in unfunded operating expenditures of $141,051. In September 1996, DPDC relinquished its control of the District to Heritage Greens Development Limited Partnership ("Heritage Greens"). Heritage Greens plans to acquire the lands within the District and complete the plan of development. However, as of September 30, 1996, a funding agreement for operating expenditures with Heritage Greens was not in place. As par: of the acquisition plan effectuated by Heritage Greens, certain vendors agreed to reduce amounts owed them by the District. Obligations forgiven for services rendered prior to October 1, 1995, amounted to $98,184 which is reported as "other financing sources" in the statement of revenues, expenditures and changes in fund deficit - general fund. NOTE 4 - DEFICIT FUND BALANCE The deficit fund balance exists due to the DPDC ceasing funding of District operations. The District does not anticipate any additional funding from DPDC. However, District management believes that the fund deficit will be eliminated as Heritage Greens progresses with its development plan. NOTE 5 - SUBSEQUENT EVENT In January 1997, the District issued $6,000,000 in special assessment bonds. The proceeds of this issuance are to be used for the construction of improvements consisting of roads, stormwater management facilities, sanitary sewage collection and transmission system, and water distribution system. Proceeds will also be used to pay issuance costs, to pay interest during the const~ction period and to fund the re~ired Debt Service Reserve. 6 'CHULTZ INDEPENDENT AUDITORS' REPORT ON THE INTERNAL C0};T~0L STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PEP. FO~ IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Heritage Greens Community Development District Collier County, Florida I We have audited the general purpose financial statements of Heritage Greens Community Development District (the "District"), as of and for the year ended September 30, 1996, and have issued our report thereon dated ~rch i0, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with gcnerally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. 7 In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1996, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to detemine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all ratters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design cr operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors and irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal ccurse of performing their assigned functions. We noted no matters involving the in~e.--nal control structure and its operation that we consider to be material weaknesses as defined above. This report is intended for the information of the management and Board of Superviscrs of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. ~sch.3/l'~f, ChaiDel & Co. March 10, 1997 'CHULTZ INDEPENDENT AUDITORS' REPORT ON COHPLIANCE BASED ON AN AUDIT OF GENEP. AL PUR~0SE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVE~4r~T AUDITING STANDARDS Board of Supervisors Heritage Greens Com~nunity Development District Coll'=~ l_~ County, Florida We have audited the general purp. ose financial statements of Heritage Greens Come, unity Development District (the "District"), as of and for the year ended September 30, 1996 and have issued our report thereon dated March i0, 1997. We conducted our audit in accordance with generally accepted auditing standards and Goverp. J~ent Auditing Standards, issued by the Comptroller General of the United States. Those standards require tha~ we plan and perform the audit to obtain reasonable assuranceabout whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations and con~rac~s, applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations, and contracts. However, our objective was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing Standards. This report is intended for the information of the management and Board of Supervisors of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. 1997 9 -16Gl" SCHULTZ CH ,. PEL MANAGEKENT LETTER Honorable Board of Directors Heritage Greens Community Development District Collier County, Florida We have audited the general purpose financial statements of the Heritage Greens CoL,~unity Development District (the "District"),whose headquarters is located in Coral Springs, Florida, as of and for the fiscal year ended September 30, 1996, and have issued our report thereon dated March 10, 1997. We have issued our Independent Auditors' Report On Internal Control Structure and our Independent Auditors' Report On Compliance With Laws and Regulations both dated March 10, 1997. Disclosures in those reports, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards, and Government Auditing Standards issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1) (f)l.) require that we comment as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. This is not applicable as there is no annual financial audit report for the year ended September 30, 1995. The Rules of the Auditor General (Section 10.554(1) (f)2.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been followed. This is not applicable as there is no annual financial audit report for the year ended September 30, 1995. 10 As re~uired by the Rules of the Auditor General (Section 10.554(1) (f)3.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, we believe that the District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1) (d), Florida Statutes. District management did not notify tke Governor and the Legislative Auditing Committee cf this condition as required by 218.503(2) Florida Statutes. As required by the Rules of the Auditor General (Section 10.554(1) (f)4.), we determined that the annual financial report of the Heritage Greens Community Development District for the fiscal year ended September 30, 1996, was filed with the Department of Banking Finance pursuant toSection 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1996. The Rules of Auditor General (Sections 10.554(1) (f)6.,7.,8.,9.) require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on the internal control structure or compliance: recommendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.554(1) (f). PRIOR YEAR COM/~ENTS: Not Applicable YEAR COMMENTS.. Commen~ A budget for the general fund was not prepared and approved as required by 190.008 Florida Statutes. The Rules of the Auditor General (Section 10.554(1) (f)10.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the general purpose financial statements. The District was established by the Collier County Board of County Commissioners pursuant to Ordinance Number 93-39 as ~mended, and the provisions of Chapter 190, Florida Statutes. 11 This management letter is intended solely for the information of the Board of Supervisors of the District, management, and the State of Florida Office of the Auditor General. However, this report is a matter of public record and its distribution is not limited. 12 1 6Gl m, MINUTES OF MBETING HERITAGE GRBENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community development District was held Thursday, April 3, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Chairman Vice Chairman Assistant Secretary Also present was: Donna Holiday Recording Secretary (by telephone) FIRS'I' ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 10:30 A.M. Ms. Holiday stated I have looked at the agenda and it is my understanding that you want to recess the meeting until tomorrow morning at 10:30 A.M. Mr. Reinders stated that is correct. Ms. Holiday stated you have called the meeting to order and you also need to open the public hearing and recess both the public hearing and the meeting to a time, date and place certain. li On MOTION by Mr. Bailey seconded by Mr. Harris withl[ all in favor the public hearing and the regular meeting[[ were recessed until 10:30 A.M. Friday, April 4, 1997 at~ the offices of Ronto Development, 277 N. Collier~ .Boulevard, Marco Island, Florida. . ~ Charles F. Bailey / Assistant Secretary / Jam~es Reindef/ Chairman Thrusday April 3, 1997 10:30 A.M. AGENDA ttERITAGE GREENS COMMUNTI'Y DEVELOPMENT DISTHICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of the Minutes of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests 1 and 2 Adjournment . ii I II I III I II II~-~ I I I I II I IIIII Thrusday April 3, 1997 10:30 A.M. AGENDA ~AGE GREENS COM1VIUNITY DEVELOPMENT DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of the Minutes of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests 1 and 2 Adjournment ~J I.ANI) I~F. SCRII'TION OF LIFT STATION EASEMF. NT A PAR(ii'ii. OF I.ANI) I.YING IN I.OT 159, BLOCK "B" OF TIIE PROPOSED PLAT OF ilERITAGE (iR F.I'iN,~ IN .~;I!CTION 28, TOWNSIIIP 48 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID I',,\RCI!I. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ('OMM F. NCIN(; AT TI IF. NORTllEAST CORNER OF SAID SECTION 28; TIIENCE SOUTll 03°05'15" I!AST AI.ONG TI IE F. ASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET 'FO Till:. SOUTI [liRI.Y R IGI 1T-OF-WAY LINE OF IMMOKALEE ROAD (C.R. 846); '1'11[:.NCE $OUTII 89° I 0'00" WEST ALONG SAID SOUTHERLY RIGI IT-OF-WAY LINE FOR A I)I?,TANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTIIERLY LINE SOUTll 03°05'27'' EAST FOR A DISTANCE OF 1576.33 FEET; TIIENCE SOUTH 68004'32'' WEST FOR A DISTANCE OF 176.68 FF.I.71' T¢) :\ I'OINT OF CURVATURE; TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTI IER[.Y, I IAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 46°14'04" FOlk AN ARC I)I.~'I'AN('Ii OF ~.o7 FI!liT TO A POINT OF TANGENCY; TIIENCE NORTII 65041'24'' WEST FOlk A I3IS'I'AN('I! ¢)1:115.09 FEET TO TIlE POINT OF BEGINNING OF TIlE tlEREIN DESCRIBED PARCEL o1,' I.ANI); TI II!NCIi C()NI'IN[ IF. NORTll 65°41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTF. IiSI.~C'I'ION WITI[ A NON-TANGENT CURVE FROM WIIICH TIlE RADIUS POINT BEARS SOUTI 1 61 °25'02" F. AST; TI IENCE NORTI II'.'ASTERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTERLY, llAVING A RAI)IUS OF I00.00 FEET, A CENTRAl. ANGLE OF 17~43'15" FOR AN ARC DISTANCE OF 30.9J FEF. T '10 .,\ POINT OF INTF. RSECTION W[TI[ A NON-TANGENT LINE; TI Il.iN( '[! .~OlJ'['] [ ti5°41'24'' EAST FOR A DISTANCE OF 30.00 FEET; TI I I!NC'E SOU'FI[ 2,1"18'36" WEST FOR A DISTANCE OF 30.00 FEET TO TI IE POINT OF BEGINNING; ('ONTAINING 0.02,1 ACRES OF I.AND, MORE OR LESS. SI ~l~.ll~("l' 'FO [~A.SI~MI~N'FS AND RESTRICTIONS OF RECORD. AGNOI.I, BARIII~R & [IRUNI}AGE, INC. I'RC~FI~g~IC)NAI. I~N(iINEERS, PI.ANNERS AND LAND ~URVEYOR~ .2474 RI!F: AIIII I)RAWIN(i FII.E NO. 5783 l';.x'h i l, i t A 16 1 CO~IMUNITY DEVELOPMENT DISTRICT SYSTEMS AND FACILITIES OPERATION AND MAINTENANCE AGREE~E~ THIS AGREEMENT is entered into this 19th day of August , 1997, by and between the HERITAGE GREENS COM~IUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190. Florida Statutes. hereinafter referred to as "District", and HERITAGE GREENS COM~IUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, hereinafter referred to as the "Association". WHEREAS, the District has the authority to exercise powers to finance, fund. plan. establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among other powers, including all powers necessary. convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized bx' Chapter 190. Florida Statutes: and WHEREAS. the District desires to contract with the Association to operate and maintain certain of the District's systems and facilities; and WHEREAS. the Association desires to operate and maintain the District's systems and facilities: NOW. THEREFORE. the District and the Association agree as follows: of the District at a minimum in compliance with all applicable administrative rules and regulations, and permit requirements: The above recitals are true and correct and incorporated by reference herein. The Association shall operate and maintain the following systems and facilities statutes, ordinances. Roads including all landscaping and sidewalks. Irrigation water facilities not owned by Collier Count)'. Security including guardhouses. D. Water management and drainage. E. Parks, common areas and recreational areas including conservation areas. 3. All other operation maintenance responsibilities for the District's systems and facilities not otherwise addressed in this Agreement shall remain the sole responsibility of the District. 4. District shall pay Association the sum of $10.00 per year for the performance of the operation and maintenance responsibilities set forth in this Agreement. 5. The term of this Agreement is for a period of five years commencing on October 1. 1997. and shall be automatically renewed for additional one year periods after October 1, 2002 unless either party provides the other party at least 90 days written notice of its intent not to renew. District ma,,,' cancel this Agreement at any time for any reason in its sole discretion upon providing at least 90 days written notice to other part.,.' of its intent to cancel this Agreement. 6. Association shall be solely responsible for the staffing, budgeting, financing. billing and collection of lees. assessments, service charges, etc. necessary, to perform the operation and maintenance responsibilities set forth in this Agreement. 7. Association shall procure at its expense and at all times include the District as an additional named insured on comprehensive liability insurance policies to cover the operation and maintenance responsibilities set forth in this Agreement. Comprehensive liability insurance shall be in amounts determined by District Manager. Association. in consideration of Ten ~$I0.00~ Dollars. the receipt and sufficiency of which is accepted, through the signing of this document. shall hold harmless, defend and indemnify District. its agents and employees, from all claims. suits and actions Iwhether for negligence or otherwise), including claims for attorney's lees and -2- all costs of litigation, and judgments of any name and description, arising out of or incidental to the performance of this Agreement or work performed thereunder. This Section does not pertain to any incident arising from the sole negligence of' District. 8. This Agreement may only be amended in writing executed by both parties. 9. This Agreement shall become effective on October 1, 1997. IN WITNESS WHEREOF, the parties hereto have executed this document the day and year first above written. Attest: District Secretary HERITAGE GREEN'S COMMUNITY DE~LOPMENT DISTRainT By' Its:, Chairman W~it Ases: Prinked N'dme a tu F e ~inted Name 2'HERITAGE facop agr By: Its: '"'/ //5.,..a_ ~', ' -3- MINUTES OF ME.~G THE HERITAGE GREENS COMIVrUNITY DEVELOPM'F. NT DISTRICT The regular meeting of' the Board o£ Supervisors of the Heritage Greens Community Development District was held Monday, August 18, 1997 at 9:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Also present were: Chairman Supervisor Supervisor James P. Ward Bruce Anderson District Staff Attorney FIR.gr ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 9:15 A.M. and stated the record will reflect that Supervisors Comeau, Reinders and Bailey are present. Mr. Reinders stated our sole purpose today is to continue this meeting to a time certain tomorrow. Our reason for that is to try to save a few dollars in terms of consultants as there is also another meeting tomorrow when it will be easier to get all of the participants together. Unless somebody has anything in particular, I would rather wait until we can get more people in person or present by phone to carry on with our scheduled public hearing. Mr. Anderson asked do we have any comments or changes that anybody has on the Operation and Maintenance Agreement with the Homeowners Association that was distributed at the last meeting? We need to approve that tomorrow and I wanted to bring a final copy for signatures. Mr. Reinders stated I am fine with it. Mr. Comeau stated I saw no corrections required. Mr. Anderson asked what is the name of the homeowners association? Can somebody call me back with that today, I need to insert that? Mr. Comeau stated I will do so. Mr. Reinders asked does anybody have anything else before I call the vote on the motion to continue to nine o'clock tomorrow morning? iii II I I III ~ -- I II III I I ! I II I August 18, 1997 Il 'On MOTION b~, Mr. Comeau seconded by Mr. Reindersll with all in favor the Public Hearing was Continued toll Tuesday, August 19, 1997 at 9:00 A.M. at 277 N. Collier] Boulevard, Naples~ Florida. ~ Secretary 2 AGENDA ~'IAGE GREENS COMMUNITY DEV~.OPMENT DISTRICT Monday August 18, 1997 1:00 P.M. 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call 2. Approval of the Minutes of the July 30, 1997 Meeting Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Consideration of Funding Requests 7 7. Adjournment NapLes DaiLy Nevs NapLes, FL 33940 Affidavit of PubLication HERITAGE GREENS COHHUNITY DEVELOPHENT DISTRICT - J. WARD 103GO HW 11TH mANOR CORAL SPRINGS FL ]3071 REFERENCE: 027'769 5?545834 NOTICE OF PUBLXC HEA State of FLorida County of CoLLier Before the undersigned authority, personally appeared B. La~b, ~ho on oath says that She serves as the )ssJstant Corporate Secretary of the NapLes DaiLy ~eus, a daily newspaper published at NapLes, tn CoLLier Coun:y, FLoride: that the attached copy of the advertising was published tn said nevs~aoer on dates Listed Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said nevspaper has heretofore been contlnuousLy pubLished in said CoLLier County, FLoetda, each day and has been entered es second class mail ·atter at the post office in NapLes, in laid 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 promised any person, firm or ¢oporation any discount, rebate, commission oe refund for the purpose of secur~n9 ~his advertisement fop publication in ~he said newspaper. NOTICE OF PUBLIC HEARING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Herl. ~ ~eens Communit/ Devel®ment Dis. .fltct ~11 hold a public hearing on Monday, _~ugust I~, ~997 at 9~0 AJ4. at the offices of Ror~ Dare,meat Marco, 277 N. Collier Bo~Jleva'd, Marco Island, F1(xfda for the ur~ose of hearing comments and o~[ec. ns ~ the odoC(en of the budgeffs) for the o~e'oflon and maintenance of Olstlct fa- citifies for Fiscal yea- 1991. In addition the Board will hear I~olic commenf and ublec- Iff)ns relative to the levy of a non od vaJor. em assessment pursuit to Florida Law for the Purlmse of funding ooeraflons and maintenance and I~rlncl~al and interest ex- ~nses of the District. The District may also fund various facilities tt~ough the collection of c..e~in, rates~ fee~. and ct~rges which are IOeramed w~ln me budgeffs~ A cagy.' of the budgel~s) m~ry be obtained at fha of.. rices of Ronto DeveloPment Marco, 277 N.' Collier Boulevard, Marco Island, Florida or.~ at the office of the Manager, 103~XI N. W. 11 Ma~'.., .Coral SOdngs, Florida, during not. ma~ ousmess ho~s. The Board will consider any other business which mary I~operl¥ come before it. The~e mm( be occ~lans when one or more Su~e~isors will IX:rliclpate by tale. phone. At the above location there will be present a six, aRer Itlephone so ~ any In. terested person con attend the meeting at the alxwe location and be fully Informed of the cllscusslons taking place e~er lA per. son or by telephone communication. L ¢~. Ire'san who decides to al~eal any zslon mode by the Board wiffi re. soect to any matter considered of the meeting Is odvfsod that person will need ~UBLZS~E~ Ca: 08/01 08/08 a record of the ~'oceedings and that accordingly, the person may need to en- ~ure mat a velxalm record of the ~ro. ceedlngs is made, including the testimony and evidence ugan which Gary L. Mover AD SPACE: ~8.CCO I,CH . Mo/loger FILED 0~I: C8/08/97 ~ Au~u$? I,~ NO. 1044838 Sigma:ute of Affiant ° ~' ' ' ; S~orn to and Subscribed before me this . day Of '-"--' 19''" . MINUTES OF 1WE.~G HERITAGE GREENS COMMUNITY DEVELOP~ DISTRICT The recessed meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Monday, June 9, 1997, reconvened on Wednesday, June 18, 1997, at 10:30 A.M. and recessed was reconvened on Monday, June 23, 1997, at 1:00 P.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Ralph Klass Peter Comeau Chairman (By Telephone) Vice Chairman Assistant Secretary Supervisor (By Telephone) Supervisor (By Telephone) Also present was' James P, Ward Bruce Anderson Nancy Kecst FIRSt ORDER OF BUSINESS Assistant Manager (By Telephone) Attorney (By Telephone) Recording Secretary (By Telephone) Roll Call Mr. Reinders called the meeting to order at 1:00 P.M. He stated this is a continuation of the meeting to this time and date. Does the Manager have anything to bring up? Mr. Ward stated no other than to put of record it is June 23rd at one o'clock and this is a continued meeting of the Heritage Greens Community Development District and the record will reflect that all members o£ the Board are present. assume Mr. Ham-is is available in person at Ronto's office. Mr. Harris responded yes I am. Mr. Ward stated that is all I need to put of record. Mr. Reinders stated we originally embarked on this series of continued meetings for the purposes of being able to timely provide Notice to Proceed to Boness under our contract with them once the golf course loan had closed. I am in the midst of that closing along with Mr. Klass and I suspect we will complete that in fairly sho,'t order and see our loan documents recorded during the course of the day tomorrow and various sums disbursed. We had not objected to Boness June 23, 1997 proceeding with work, we have received their first draw request, we have had it reviewed by the Engineer, we passed it along through Mr. Ward's office to the Trustee, all w~th the thought that once we knew the golf course loan had closed we would send Notice to Proceed to Boness and make timely payment of their first draw. That is our status. Are there are comments or questions? Mr. Comeau stated I understand U.S. Home's attorney has just been in touch with your attorney. Mr. Reinders stated that is correct. Mr. Comeau stated I believe a solution has been reached in order to move forward. Mr. Reinders stated I understand that we are in accord on the community association agreement which was the last outstanding item. Mr. Comeau stated what I would like to do if it is agreeable is upon notification of Mr. Farqhuar that the loan has been closed and funds disbursed if he could give us written notification of that completion and I would like to have the C.D.D. Board in the position to authorize the Chairman to issue the Notice to Proceed to Boness based on receipt from Mr. Ward's office and also U.S. Home that this loan has been closed. Mr. Reinders stated that is a motion that once we can get confirmation from John Farqhuar's office to our Manager and to U.S. Home that the loan is closed, that I am then authorized to send the Notice to Proceed, we will make the first requisition payment and proceed accordingly. Is that the motion? Mr. Ward stated let me make one change to the motion and that is to authorize your Engineer to issue the Notice to Proceed in accordance with the contract documents. Mr. Reinders stated I assume you accept that change to your motion Comeau. Mr. Comeau stated that is correct. Mr. Reinders asked do I have a second to that motion? il On MOTION by Mr. Comeau seconded by Mr. Bailey[[ with all in favor the Engineer was authorized to issue[[ the Notice to Proceed to Boness in accordance with the[[ contract documents upon notification to the District[[ Manager and to U.S. Home that the loan has closed. [[ 2 June 23, 1997 Mr. Reinders asked is there any other business? If not, I will entertain a motion to adjourn the meeting. IOn MOTION by Mr. Bailey seconded by Mr. Harris withI all in favor the meeting was adjourned at 1:05 P.M. ~. ~'. Ward Kssistant Secretary 3 Monday June 23, 1997 10:30 A.M. Continued from June 18, 1997 AGENDA HERrI'AGE GREENS COMMUNITY DEVELOPMENT DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Presentation of Proposed Budget for Fiscal Year 1997-98 and Consideration of Resolution Approving the Budget for the Purpose of Setting the Public Hearing Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment 16G1 ' ~ OF ~~G ~RITAGE GltF. ENS COMMUNITY DEVELOPM'ENT DISTRICT The recessed meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Monday, June 9, 1997, was reconvened on Wednesday, June 18, 1997, at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Ralph Klass Also present was: Bruce Anderson Donna Holiday FIRST ORDER OF BUSINESS Chairman (By Telephone) Vice Chairman Assistant Secretary (By Telephone) Supervisor (By Telephone) Attorney (By Telephone) Recording Secretary (By Telephone) Roll Call Mr. Reinders called the meeting to order at 10:30 A.M. and stated that Messrs. Bailey, Harris, Klass and Reinders were present representing a quorum. Mr. Reinders stated this is a continuation of the meeting of June 9 and we set this up on the expectation that the loan on the golf course would be closed and that this would be our opportunity to formally authorize Boness to proceed with their development work under the contract. That loan has not closed and now appears scheduled to close on Friday of this week. Accordingly, I don't think there is much we can do. My intent would be to entertain a motion to continue this meeting to Monday of next week at the same time and in the same manner. We might wait a minute for Mr. Ward to come on the line to see if there is anything further before we do that. Mr. Anderson stated Mr. Ward and I both have a Naples Heritage C.D.I). meeting at 10:30 A.M.on Monday. Mr. Reinders stated we can work around your schedule. Would one or two o'clock be suitable? Mr. Anderson replied that would be fine. Mr. Reinders asked does anybody else have a problem with that time'? Mr. Bailey stated that is fine. III III I I II II I I I II June 18, 1997 1 6Gl Ms. Holiday stated I think that would work with Mr. Ward's schedule. His next meeting on Monday would be at 3:30 P.M. Mr. Reinders stated the meeting will likely only be ten or fifteen minutes long. Rather than continue to wait, I will entertain a motion to continue this meeting until 1:00 P.M. on Monday, June 23rd which we will do by phone. iOn MOTION by Mr. Bailey seconded by Mr. Harris with~ all in favor the meeting was continued to Monday, June[ 1123, 1997 at 1:00 P.M. at the same location. ~ry L. Moye~-' Secretary Jam.~_~Reind~s/ '~hairman Wednesday June 18, 1997 10:30 A.M. Continued from June 9, 1997 AGENDA I~I'AGE GREENS COMMLrNITY DEVI~O~ DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Presentation of Proposed Budget for Fiscal Year 1997-98 and Consideration of Resolution Approving the Budget for the Purpose of Setting the Public Hearing Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment M~'qUTES OF ME.~G THE/~ATAGE GHEENS CO/VIMLrNITY DEVELOPME. NT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held Monday, June 9, 1997 at 10:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Raymond Harris Also present were: Chairman Supervisor Supervisor Supervisor James P. Ward Bruce Anderson Jack McKenna Jack Solomon Bruce Rippen District Staff Attorney Engineer Heritage Greens Development Heritage Greens Development FIRST ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Klass. SECOND ORDER OF BUSINESS Presentation of Pro~ Budget for Fiscal Year 1997-98 and Consideration of Resolution Approving the Budget for the Purpose of Setting the Public Hearing Mr. Ward stated the first item on your agenda is the presentation o£ the Proposed Budget for Fiscal Year 1998 and consideration of the Resolution Approving the Budget for the purpose of setting your public hearing. Let me tell you the process that you are required to go through relative to the adoption of your Budget. I am required to submit a budget to you by June 15th of this year for your consideration and I am going to ask today that you approve the Budget solely for the purpose of setting your public hearing. Statutorily, we must transmit this Budget to the County in which the District resides at least sixty days prior to the date on which the Board will consider the adoption of the Budget. The approval that I will be requesting of you today will not bind you to any of the programs and/or costs contained in the Budget but merely allow you to move forward through the process such that by the time you get to your public hearing, you will be in a position to adopt the Budget and consider any assessment rates that you may wish to impose in Heritage Greens. The Budget that I transmitted to you has two parts to it. One is a General Fund Budget which covers the basic administration of the District itself. You will note that the Board needs to have some discussion and decision as to whether or not these will go on the tax rolls for November of 1997 and if you desire to do that, then we will need to add the appropriate fees. Barring that, you will be required to enter into an agreement with the primacy developer for the purpose of reimbursement of the fees that are outlined in this Budget. The second part of it is the Debt Service Fund Budget and that is the series of bank accounts that are placed with your trustee that account for all of the reserve requirements and capitalized interest associated with your Series 1996 Bond Issue. You will notice it has essentially $495,000.00 in interest coming due next year, interest expense on the Bond Issue for November of' 1997 and May of 1998. You have about $266,000.00 in Unappropriated Fund Balance. That is the amount of money that is available to pay debt service on those bonds that was part o£ the capitalized interest account when we funded the issue. The Developer Contribution is essentially the amount of money that will be required by the developer in order to meet the debt service associated with these bonds. Ifyou have any questions, I will be glad to answer them for you. Mr. Comcau stated to break this down, one point is adoption of the Proposed Budget and the second would be, do we want to go ahead and request assessments to be levied. Air. Ward stated yes, it would be "approval" of the Budget and thc "adoption" will come at the public hearing. You also need to decide on a pubic hearing date which, as I indicated, needs to be at least sixty days from the date o£ its approval and I have to transmit it to the County so you have to give me two or three days to get it to the County Manager's Office. Mr. Reinders asked should we address the question of whether we want to put this on the tax roll so we can help define this Budget? It seems to mc that there is little to be gained for the expense incurred in doing that for this particular fiscal year. Air. Comeau stated I agree. Air. Reindcrs asked are there any comments? Air. Ward stated no. Juneg, 1997 1 ~G1 '~"~' Mr. Reinders asked is it our choice at this point and not required under the Trust Indenture? Mr. Ward stated you may be required under the Trust Indenture for the debt service portion of that and I have to check into that for you; you are not required to do that for the General Fund portion of it. We can certainly not do the General Fund and if the Trust Indenture requires you to do the debt service, we can handle it in that fashion. Mr. Reinders asked do we need a motion to that effect or, for purposes of discussion, are we going to assume there are no other fees and charges associated with the Property Appraiser and Tax Collector? Mr. Ward replied we will assume that and I will check into whether the debt service is required. If it is, we will include those fees for your adoption purposes but we won't include it for your General Fund purposes. Mr. Solomon asked what is the Key Marco Budget in comparison to this Budget? Mr. Ward replied it is about 8105,000.00 or $108,000.00. Mr. Bailey stated there are two items on the Budget that are marked "Not applicable for 1998". I am assuming that is what N/A stands for but they show up as dollar amounts. Mr. Ward stated they actually are going to be applicable to 1998. Mr. Reinders stated you will correct that reference accordingly. What are Dissemination Agent Fees? Mr. Ward replied when we did the Bond Issue, one of the documents that we signed was an Agreement that both the District and the Developer will comply with an S.E.C. rule that was adopted a couple ofyears ago. On a municipal i~suc. it requires you to submit on a quarterly basis, and then on an annual basis, seven different repositories around the country certain information relative your Bond Issue such as the status of the development, the number of units are planned to be constructed, the number of units that are sold, that kind of Developer information. From the District's perspective, the balances in all ot' its bank accounts, financial information, how tax revenues are coming in, what the collection ratio is, if there are any delinquencies. In federal law, that is called a dissemination service, so the companies that do that are called dissemination agents. Mr. Reinders stated I assume most of that information comes through your offices to these agents who then package it and disseminate it. 3 June 9, 1997 Mr. Ward stated that is correct. Mr. Harris asked what are Arbitrage Rebate Calculations? Mr. Ward replied some years ago, the federal government changed the tax law and which now indicates that issuers of municipal bonds can no longer issue municipal bonds solely for the purpose of earning interest on those accounts in excess of what they are paying on those bond funds. That is called arbitraging your bonds. We are now required on a yearly basis to go through an extraordinarily complicated calculation called an Arbitrage Rebate Calculation that tells us in relationship to the amount of moneys that you borrowed and in relationship to the bank account balances on a daily basis, how much interest income you earned in all of those l'unds and accounts, and if that is a positive number, that means you have earned more interest than you are paying, then every five years you are required to rebate that money to the federal government. That is called Arbitrage Rebate and in the event that it is less than the interest expense on those bonds, then there is no Arbitrage Rebate due and it is required under the documents and segregated funds if you earned it in a positive fashion. It happened in the early 1980's when interest rates went up and everybody was issuing bonds, and you had many cities and counties throughout this country that were literally borrowing hundreds of millions of dollars solely for the purpose of arbitrage. Mr. Reinders stated it seems odd that you would go through extensive and extraordinary calculations to arrive at a conclusion that appears on two lines in your financial statement. Mr. Ward stated I don't disagree with that but federal law has hundreds pages on how the calculation must be done and you have to prove the calculntion to them. Mr. Reind,.~rs asked are there questions or comments? Mr. Harris stated I have one on the Management. I have a note from our Accounting Department that we have been doing the bookkeeping on this project and the postage and the payment processing. We didn't do it on Key Marco, why are we doing it on this one? Mr. Ward stated you are not. Mr. Reinders stated I think perhaps the source of confusion is the fact that there was a landscape agreement or reimbursement agreement or Second Acquisition Agreement pertaining to certain work, related to landscaping and berming along the perimeters. That was set up as a reimbursement of the 4 Developer by the District so the check came to the Developer and we had checks to cut and send out. I assure you that that is the case. You don't control any of the District funds, you haven't received any of the District funds, this is solely a function of the Second Acquisition Agreement. Normally any contractual expense of this District is pursuant to checks prepared to the Manager or issued to the Trustee. Are there any other questions or comments? Lon MOTION by Mr. Reinders seconded by Mr. Comeau[] with all in favor Resolution 97-8 Approving the Budget[[ for the Purpose of Setting the Public Hearing was[[ ,]opted. Mr. Reinders stated you are authorized to transmit the Budget forthwith to the County. We now need to set a public hearing date such date to be a minimum of 70 days hence which would take us to approximately what date? Mr. Ward stated the third week of August. Mr. Reinders asked what is the third Monday of August? Mr. Ward replied it is the 18th. Mr. Reinders asked is that suitable? Affirmative responses were given. ['On *lOTION by Mr. Reinders seconded by Mr. Comeau[[ with all in favor the Public Hea~,n,g was set for Monday,[[ August 18, 1997 at 9:00 A.M. at 2~7 N. Collier Boulevard,][ Marco Island, Florida. [[ FOURTH ORDFA:I OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. Bo Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. FOURTII ORDER OF BUSh-NF_,SS Supervisor's Requests and Audience Comments Mr. Reinders stated we have some miscellaneous business to come before the District. Let me start in that regard. It was my recollection that this Di:~trict 5 ,June 9, 1997 having let its contract to Boness Inc. for the development of the infrastructure, having previously issued and then withdrawn its Notice to Proceed, that we left it on the basis that contingent upon reasonable satisfaction that the golf course loan had closed, we would reactivate Boness. The intent is not to change that action but to make it very clear for the record, since we consider that golf course loan closing imminent, that I as the Chain-man of this District am in fact authorized to reactivate Boness once we have all reasonably satisfied ourselves that that loan has closed. I don't want us to have to call another meeting and be in any way uncertain. [ thought that was the way we had left it. Mr Ward stated the discussion went back and forth so in an abundance of caution, I thought we would have this meeting and give you that authorization. Mr. Reinders stated we could do it in that manner or we can continue this meeting to next week and reassemble when we have in fact seen satisfactory e~4dence of the loan closing. Mr. Comeau stated you can transmit loan closing documents and confirmation of that closing to U.S. Home to the attention of Brian Sabian because under the contractual arrangements that we do have, U.S. Home would have to confirm that that loan closing is satisfactory and upon such they would notify you, Mr. Chairman, that I am in agreement that once the loan is closed, the Notice to Proceed can be issued. Any and all work that Boness is proceeding with on site, which they are, is at their own risk and under no obligation of the District until such time that the Notice to Proceed has been issued. Mr. Harris asked what about a letter from HJM that thc loan is closed and funds are available? Will that suffice? Y, lr. Comeau asked who is escrow agent? Mr. Harris replied at that point there wouldn't be an escrow agent. It would be disbursed from HJM. Mr. Comcau stated as was done in the past with U.S. Home with other financing arrangements, U. S. Home has conveyed that they would like to be able to see those loan documents even though it would be something that would be a quick review but U.S. Home's staff is standing by to receive those final documents for review and signoff and the purpose of review is to make sure that there are no undue obligations being expressed in those documents upon U.S. Home. Mr. Reinders asked should that be in the form of a motion? 6 Mr. Comeau responded you have authority. We have already talked about giving the Chairman authority to move forward to advise Boness to proceed upon confirmation and signoff of U.S. Home and approval of the loan documents. Mr. Reinders stated I am concerned as well about the other Supervisors, it is not just U.S. Home that I want to have authorize me as Chairman of this District to reissue Notice to Proceed to Boness. I am going to suggest we continue this meeting and do it right. Mr. Anderson stated we can do that by phone as long as there is a speaker phone where members of the public could participate. Mr. Ward stated if you want to continue today's meeting we could do that and everyone could participate by telephone. Mr. Reinders stated we will bring that up as our last item to set up a telephone conference for continuation of this item and then we will be able to poll everyone that they have, in whatever manner, satisfied themselves that the loan has closed appropriately. I am going to suggest when we come to that question that we think in terms of a week from Wednesday. That theoretically will give U.S. Home a couple of days to review the documents. Mr. Comeau stated if we get them ahead of time, we can start reviewing them now. Mr. Reinders stated I can give you the drafts but it is the final documents that you are going to want to see. Mr. Comeau stated the key is if there are undue obligations based on U.S. Home's other contract obligations, U.S. Home will withdraw from the transaction. Mr. Reinders stated there is no reference in the loan documents to U.S. Home. Mr. Bailey stated I don't understand how you can obligate U.S. Home when they are not a part of the A~eement. Mr. Comeau stated it has happened in other jurisdictions. Mr. Reinders stated we have a plan of action that is fine with me. As a final order of business we will continue the meeting. Mr. Comeau asked do you anticipate closing will be a week from today? Mr. Reinders replied yes. Mr. Comeau stated when we come to the end of the meeting we will d,, as you say, continue the meeting to a week from Wednesday. Mr. Reinders asked is there other business to come before the Board? June 9, 1997 Mr. Comeau stated under the Boness contract, there are some change orders that are coming through to cover a few items. They were going to install all of the sidewalks at Heritage Greens and in this time frame they are not going to be doing so. As such, one has to be a reduction of the contract for Boness and two is if those dollar amounts are going to be allocated for the U.S. Home portion of the development for those sidewalks being conveyed to the Developer, Ronto Development, they are going to propose it as a reduction and a lot takedown since that is going to be something to be conveyed. There are some drainage changes that have occurred. How the change orders are going to be handled through the Boness contract is to be considered. The way we have done it before is that the C.D.D. has the contract upon which change orders are occurring. Those change orders should be brought to the Board's attention for acceptance or rejection, therefore, all Board members as well as the Developer are aware of any changes that are occurring. Any contractual changes should be approved by the Board in my opinion. Mr. Reinders stated I agree and to recap quickly: Change Order No. 1 which was in the amount of $825,000.00 this Board previously acted upon, approved and it has been signed. If anybody doesn't have a copy, let our Engineer know and he will provide it. The second change order, there should be one for approximately $43,000.00 which is for drainage and I don't know whether that one was ever approved by this Board. Mr. Ward stated I believe the concept was approved by the Board but I don't know whether the paperwork was ever completed. Mr. Reinders stated it was based on the original methodology and was simply to correct the fact that this got bid under the golf course portion of it but was the previously agreed upon and analyzed allocation of drainage from the golf course to the District's portion of that. That was a change order in the approximate amount of $43,000.00. If you need more detail, we can provide that, otherwise, we could approve that change order. Mr. Comeau stated the change order documentations are being approved by your firm, is that correct? Mr. McKenna responded they are prepared by Boness and then they are forwarded to the Chairman. Mr. Comeau stated I would like to have those change orders brought a week from Wednesday and they can be formally approved. Mr. Ward stated it is a teleconference for next Wednesday, is that correct? 8 June 9, 1997 ,l l Mr. Reinders asked will you circulate that by mail prior to that so that we can also address those at that meeting? Mr. Comeau stated I think we need to formally approve the change orders. Mr. Reinders stated let's circulate the following: Proposed Change Order No. 2, being an allocation of drainage in the approximate amount of $43,000.00. You should have a proposed Change Order No. 3 which was a small credit, a decrease in the contract price based on some change in drainage design which I think is a two or three thousand dollar decrease in the contract. Proposed Change Order No. 4 will be with respect to the deletion of sidewalks from the Boness contract. Mr. Comeau asked is the one for the drainage the one that we have talked about for the catch basin, the junction box and the pipe, the east property line realignment? Mr..~fcKenna replied there were quite a number of drainage changes that took place, the primary focus of which allowed to drain to the southeast and go to the northwest but there were a number of changes and the end tabulation ended up to be a minimal credit. Mr. Reinders stated I think we are going to see a proposed Change Order No. 5 with respect to the provision of survey services. Mr. Harris stated let me correct that. I think No. 5 is to construct the drainage canal on the property line. Mr, Reinders stated let's talk about that before we submit the proposed change order. VFho wants to address that one? Mr. Harris responded South Florida along with the County had Horvev Basin redesigned to drain from the existing south to the north to the north to south which required a canal along our eastern property line to be constructed. Mr. McKenna stated there is an overall master plan done for the Harvey Basin which is about a forty-square-mile area. This was initially brought out by the Collier County '~Vater Management and then in conjunction with the South Florida SVater Management District. This property's involvement with that overall master drainage plan involves the creation of a north-south canal along the Heritage Greens east property line. That canal will serve properties to the east of Heritage Greens allowing water to ultimately flow south and down Danville Beach Road to its ultimate outfall. The South Florida Water Management District has required that in conjunction with the development of this canal that the internal drainage be modified to allow the ultimate outfall for 9 June 9, 1997 Heritage Greens to be into this canal because it is a better outfall route than the existing route which is going north across Immokalee Road into the existing canal on the north side of Immokalee Road. Through the heavy rains we had several years back, it became apparent that the capacity of that canal is limited compared to the basin, the watershed area that it is handling. It is thought to be'a better outfall route and in my opinion it is. For that purpose, we are constructing the canal, it will serve this project at some future time when the rest of the network has been constructed. Mr. Solomon asked if it benefits other property, is there a cost sharing? Mr. McKenna replied there is not a cost sharing in the excavation of the canal, however, Heritage Greens will benefit from the fill material coming out of there. Mr. Reinders stated the overall community, the District in effect, will benefit from thc fill material? Mr. Solomon stated the overall community benefits, through both the residential and the golf course if there is excess fill available. Mr. Reinders stated my understanding was that the fill to be excavated from this canal was simply being laid over next door to fil[ an existing ditch and that that was part of the overall drainage work. Mr. Harris stated if we construct it as per plan, it could be a wash. They have given us the ability to sculpture it to enhance the community thereby possibly having excess fil[. There are no calculations to say that the fill on this one goes to the other canal and it will be a wash. We are assuming it is. It could be a benefit to be used wher,: we need fill, however, through the sculpturing of it, there should be some additional fill. ,Mr. Solomon stated then the additional fill belongs to the Developer. Mr. Reinders stated I don't think that is so. If the District is expending the funds, we need to be assured that the fill is going for the benefit of the community. Either you are going to tell me that you are filling up an existing ditch or you are going to tell me that you are doing some of your overall fill work in the community. or you are going to tell me that you are going to berm it and shape it to help enhance the parameter treatments of the overall community but you are not going to tell me that that is going for private benefit. ,Mr. Solomon stated to the extent that the C.D.D. has covered its cost I fi. ink an excess should be the Developer's. 10 Mr. Reinders stated the cost is $39,000.00, the cost produces the fill, the fill belongs to the District. Where do we want to put it? Tell me where we are going to put it for the benefit of the community. I am not to'lng to be difficult, but am I wrong? fill? Mr. Ward stated no, you are absolutely correct. Mr. Solomon asked what happens if there is more than $39,000.00 worth of Mr. Reinders replied use it for the benefit of the community. Do you bare a community use for this fill? Mr. Hams replied yes. Mr. Reinders stated that is your proposed Change Order No. amount of $39,945.00 as an increase. You are going to show us a Change Order No. 6 related to survey services for the District. Mr. Hams stated No. 6 is the omission of the four-foot wide sidewalk. Mr. Reinders asked what was No. 4 then? Mr. Harris replied I don't know, I only have the two change orders. Mr. Comeau stated to date, the Board has approved Change Order No. I and all of Change Orders numbered 2 through 7 v,-ill be distributed for approval next week. Mr. Reinders stated yes, I just wanted to have a bit of discussion on them in advance since all of us are here and it is easier to discuss them in this fbrmat rather than by phone. No. 1 I know is the S825,000, No. 2 I suspect is the $43,000.00. No. 3 I believe is the minor changes to the drainage. I don't know about 4. If there is a No. 4, you will circulate it and we will have to talk about it later. If not, you will renumber 5 and still, without reference to number, we are going to see a proposed change order related to survey serx'ices for the District and we will have comment or discussion about that. *Ir. Hams stated the only thing I am aware of is there is a survey contract by Boness providing the stakeout for the benefit of the utilities and roadway. Mr. Reinders stated we have proposals from Agnolli Barber and we have three Boness proposals from BPELS and based on cost considerations, it looked ils if the BPELS was the preferred route and we don't have any problem with Agnolli in that regard and as it is a change order to the Boness Contract, I don't think we have issues with respect to notice and advertisement so you will receive that proposed change order as well which we will also act on at our continued meeting. Is there anything else that we know will be coming in terms of potential 5 in the proposed 11 change orders to Boness? In the way of some general business, FP&L is looking for an agreement from the District related to underground differentials, transformers, easements, etc. It is an agreement which contemplates the payment of a sum of money related to this. It is clearly District work and I believe the number is going to be somewhere in the range of $20,000.00 to $27,000.00 as a credit for sleevings or crossings or what we propose to do as well. I ask the Board's authority for me to work with the Engineer to finalize that agreement and execute same on behalf of the District such that that would become an obligation of the District to make that payment. If there is no discussion, I will entertain a motion authorizing me to finalize the agreement on the best possible terms. IJ Oia' MOTION by Mr. Comeau seconded by Mr. Bailey~ with all in favor the District Chairman was authorized[[ to finalize and execute the Agreement with Florida[[ Power & Light Co. subject to approval of the Agreement[I as to form by District Counsel. ~ Mr. Reinders stated I will attend to that including sending *Ir. Anderson in advance a draft of the proposed Agreement. The next general item of business for our consideration is that Time Warner is interested in providing cable service to the community. We believe that there is a real possibility that Time Warner would be prepared to make payments for the privilege of providing service in the area. We believe that that is a payment that relates to completion of homes. It seems to me as apt as any, subject to discussion, that those pa)aments inure to the benefit of the District. Mr, Comeau stated I disagree. The master association can enter into an agreement to provide actual full cable service and as such any and all payments oF those moneys for the benefit o£ going in should flow to the Developer and not to the C.D.D. All installation, although it is within the C.D.D.'s right-of-way, no Funds are expended by the District to provide that service. Mr. Reinders asked what about the association? Mr. Comeau responded the only way I have seen it done in a C.D.D. structure and non-C.D.D, structures is the master association enter into the agreement with the cable provider upon which any and all payments can go to the Developer and not to the C.D.D. Mr. Reinders asked are those payments coupled with an obligation or an exclusive right? Mr. Comeau replied it is usually a five-year or ten-year bulk service agreement is what is drafted. The master association through various individual services to people's homes, even though the District is providing security, that security telecommunication system is done through the cable company in the people's homes as a private function. Mr. Reinders stated they are looking to bind the owners or the future owners to the use of that particular cable system. Mr. Comeau stated in order to receive payment that is how it operates. They say for the privilege of us coming in, we will bind for a bulk service agreement for either five years or ten years, it is two-fold. One is not only to provide for cable services but based on a recent telecommunications act, the local phone services and cable companies can compete head to head for services. Time Warner, as with Continental and others in the area, are providing sv, Stch services and within the near future want to provide local phone service coupled with cable services. These are services that can be pro~Sded through the cable provider and are usually and traditionally handled through the master association. Mr. Rein(lets stated it seems to me that if the receipt of these moneys is in some way linked to the use of the system by the ultimate owners, yes that should go through the association because I think it is the association that best represents or has the right to bind its members or its future members. If it were a payment merely for a grant of easement or the right of exclusive easement, (~r the right to share an easement, then I can perhaps make some argument that it is inherent to the Developer and a slimmer argument that is inherent to the District. Mr. Ward stated the District's legislation doesn't authorize cable TV sera'ice. Mr. Reinders stated what this becomes is a revenue source for the HOA. The consequence of that is the party who has to subsidize the master association in its initial years is the Developer. It is a saving to the Developer because he doesn't have to make the subsidized payments to the HOA. Mr. Comeau stated that is the way it has to be done and also it is a saving to the residents because they have almost a 50% cost saving on their monthly fee. Anything dealing with telecommunication or cable should be handled through the HOA and as a Board member I would be happy to forward the agreements that I have seen. Mr. Bailey asked what is your experience with how much they pay? Mr. Comeau replied anywhere from $150.00 to $750.00 per C.O. issued. .June 9, 1997 Mr. Reinders stated I am going to suggest that this is a matter of business for the master homeowners association. That entity does exist. I would urge those present who are involved in the master association to address that at your next meeting. Mr. Comeau stated there is a matter of business between the C.D.D. and the master homeowners association that I want to bring up at this time. Mr. Anderson stated before we leave the cable issue, we should make sure on the plat that the homeowners association has some type of utility easement concurrent with the roadway. Mr. McKenna stated I believe that they do but I will check that. Mr. Corneau stated one of the obligations of the Community Development District is the community maintenance and obligations throughout to secure not only the common grounds but also we are working with the golf course operator to make sure the lakes are fine. To that end, we as the District can hire staff in order to provide those services and/or we can contract with the homeowners association for a nominal fee to deliver those services. To that end if it is in agreement with the Board, I would like to have our Attorney develop such agreement between the master association and the Community Development District for contractual support services for community maintenance and standards. Mr. Reinders stated this is with reference to things such as security or landscape maintenance or things that, in effect, both the District and the homeowners association are empowered to do. Mr. Ward stated that is my understanding. Mr. Reinders stated my question would be, do we need to formally delegate and convey those obligations to an association or do simply by not exercising our authority leave that by default to the co-empowered association? Mr. Comeau stated I don't think we can delegate our authority, I think we can either perform those services ourselves or contractually hire someone to do so. We can hire an independent management company to do so or we could contract with the homeowners association. Mr. Reinders asked are we in fact obligated to do all that we are able to do or do we simply decide to do something or not? 5Ir. Ward replied to the extent that you have built those facilities from bond funds, you have obligated yourself to the maintenance of those facilities. June 9, 1997 Mr. Reinders stated we should then do as Mr. Comeau suggested and get some type of agreement to deal with those things. Mr. Comeau asked who would you be contracting with, the homeowners association? Mr. Reinders replied the master association. Mr. Comeau stated as it stands, the master association has been finalizing their range with the golf course operator for golf course maintenance standards and community interface standards and that has been finalized as such. This is a natural progression. Mr. Anderson asked what would we be maintaining specifically? Mr. Comeau replied security services, all common grounds, any and all obligations that have been looked at between the master association and golf course operator. There are some gray areas of overlap between golf course and Community Development District where property lines meet and you have drainage swales and maintenance support systems. All lake maintenance is the responsibility of the Community Development District upon which the master association is entering into an Agreement with the golf course operator to do lake maintenance. Until such time that an agreement is finalized between the homeowners association and the C.D.D., the master association makes arrangements with the golf course operator to maintain the drainage system because right now the master association doesn't have the authority to enter into that obligation. I say drainage system, common areas, security support services. roads, the works of the District. Mr. Ward stated also street lighting, all facilities constructed by the District. Mr. Comeau stated the master association document addresses community standards for common areas, for lake maintenance. Mr. Bailey stated as I understand it, this agreement that you are speaking o£ would also delegate the maintenance of those lakes to the HOA who in turn would delegate it. Mr. Comeau stated whoever is the most cost effective and efficient to perform that service. To that end, we accomplish District services but the key is the C.D.D. must contract with the master association to perform said services upon which some of these services will be provided by the master association. They will contract with somebody to do the cutting of the grass, and irrigation June 9, 1997 repairs. Because the bulk of the lakes are along the golf' course, they will work with the golf course operator through said agreement to provide that service. Mr. Anderson stated if that maintenance contract exceeds $I0,000.00 it must be competitively bid. Mr. Ward stated it will be for $10.00. Mr. Comeau stated the District can enter into up to a fifteen-year contract with the master association. I don't recommend that but recent legislation allows longer term management agreements. This agreement would be for $10.00 which the master association fees would support. Mr. Anderson asked is that all the District would pay for the maintenance? Mr. Comeau replied the maintenance agreement with the master association would be for $10.00, the management fee services. Mr. Anderson stated I am talking about the actual maintenance. Mr. Reinders stated that will be paid for by the HOA. What we are trying to do is to pass the obligation and the power. Mr. Anderson stated they are going to be responsible for billing and collecting. Mr. Comeau stated that is correct. Mr. Harris asked does it go through the same competitive bid proces:~ even though it is being administered by the master HOA? Mr. Reinders stated no and that is part of the thinking. You get it on a more immediate level, you get it on a membership control level, you get it on a more administratively friendly level. Mr. Comeau stated the minimal services for drainage that are required by the Community Development District does not necessarily mean that it is I'or aesthetic purp,~ses. You may have aquatic weed infestation that still allows drainage but is not aesthetically pleasing so if the homeowners association through their ~-isdom wants to perform services above and beyond that which are required for drainage for aesthetic purposes, then the homeowners association is in a position to do so. Mr. Reinders asked will you work on something that we can look at in due course Mr. Anderson? Mr. Anderson replied yes. Mr. Comeau stated that is all of the business that I have today. · June 9, 1997 1661 Mr. Reinders asked is there anyone else who has matters to come before this Board? Is there anything from members of the public? Is there anything from the Manager? Mr. Ward replied no. Mr. Reinders stated I ask for a motion to continue this meeting until Wednesday, the 18th of June at 10:30 A.M., said meeting to be conducted by telephone, the Manager to originate the calls. IOn MOTION b'y Mr. Bailey seconded by Mr. Comeau][ with all in favor the meeting was continued Wednesday, June 18, 1997 at 10:30 A.M., to be conducted[[ teleph°nica,ll/' , ..... , , Charles F. Baih;y Assistant Secretary aeindex~ 17 Monday June 9, 1997 10:00 A.M. AGENDA HEHrr. AGE GREENS COMMLr~TI'Y DEVELOPMENT DISTRICT 277 N. Collier Boalevard Marco Island, Florida Roll Call Presentation of Proposed Budget for Fiscal Year 1997-98 and Consideration of Resolution Approving the Budget for the Purpose of Setting the Public Hearing Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment Naples, FL35940 1 6 G 1 NERZTAGE GREENS COflt~JN[TY DEVELOPHENT O[STR[CT- J. gARD 10~00 Ng 11,'~ ~ANOR CO~AL SPR~S FL 3~071 REFERENCE: 027769 S7A9641& NOTZCE OF NEETZN~ NE State of Florida County of Collier Before the unc~ersigned authority, personally appeared 8. La~, ~ho on oath says that she serves 8s the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at NIpLes, in Collier Co~nty, Florida: that the attached copy of advertising was pu=Ltshed in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County/ F(ortda, each day and has been entered as second class mail matter at the post office ~n Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coperation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSMEO ON: 0~/02 AO SPACE: 4.&17 ItiCH FILED 0,: 06/02/97 o Signature of Affiant · Sworn to and Subscribed before me this day of 19' ' PersonaLl7 known by me / - NOTIC~ OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT A mee~ng of the Board of SUl3et'vlsors of tt~ Hertfoge G~eens Community Devel- opment Ois~lct will be held on Mo~do't, June 9, 1997 at 10~0 A.M. at the offices of Ronto Oeve~x~ment N~'co, 277 N. Collier 80ulevOl'd, M(3rco Isl(3nd, Florid(3. mee~ng I$ ogen to rne public ond will be cm~ducted in occordonce with the ~ovt. lions of F1ortdo L(3w for Community Devel. o~ment Dit~'lc~ There m~ be occoslons when one or mix'e Suoer'~im will IX~ticipcte by tale. lOlx~e. At ~e obave lotion ~ere will be ~esertt (3 t~>ec~er telephone so tt~t on,/ in. terested ioerson con attend the meeting fha obave Ioo:~on (3nd be fully Informed the ~lscuLsions tel<lng pl(3ce eider in per. son or by ,'et~l~o~ communiccitlon. Any ~ re3ui~ng saecl(31 eccom. mod~on at this meeting becouse of (3 alisa. bility or ohvsicol Imp(3irement Should contoct the Ols~'ict Of~co at (9~4) 753-0380 at least five colendc=' doy$ ~ to the ' mee~ng. Eac~ ~son who ded~es to axe31 an,~ derision made by the Board v~n re. s~,ct ,'o any ma~er considered at l~e mee~ng is advised f~t I~(son will need o record of the i~'oceedlngs and that ~¢¢ordlnglv, the gerson may need to an. sure met a veftx~m record of the ~o. ceedings is m(3de, including th~ testimony (3nd evidence u~on whi¢,~ such c~eol is fo be based. June 2 No. Heritage Greens Community Development District 16Glint. Budget - General Fund Fiscal Year 1998 Revenue: Developer Contribution Appropriations: Professional Fees: Board of Supervisor's Fees Engineering Legal Audit Arbitrage Rebate Calculations (N/A FY 1998) Management Dissemination Agent Fees Trustee (N/A FY 1998) Administratir,e Fees: Telephone Postage & Reproduction Rentals & Leases Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies Other Fees and Charges: Property Appraiser Tax Collector Revenue Re~rve Not Applicable for FY 1998 $114,250 Total Revenue: $114,250 Sub-total: $12,000 $20,000 $20,000 $6,500 $2,500 $28,875 $5,000 $3,2OO $98,075 Sub-total: $500 $600 $3,600 $600 $6,000 $2,000 $1,500 $175 $1,200 $16,175 Sub-total: $0 Total Appropriations:... $11-1,250 Heritage Greens Community Development District Budget Fiscal Year 1998 Debt Service Fund Revenues: Unappropriated Fund Balance- October 1, 1997 Developer Contribution Interest Income Appropriations: Total Revenue: $266,158 $173,842 $55,000 $495.000 Debt Service: Principal Debt Retirement Interest Expense Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Debt Service: Total Fees & Charges: $0 $495,000 $495.000 SO $0 $0 $0 Total Appropriations: $495.000 Heritage Greens Community Development District Budget Fiscal Year 1998 Debt Service Fund Revenue Summary: Reserve Account: The Bond Resolution authorizing the issuance of the Series 1997 Bonds established this account and provides that the Bond Reserve Requirement shall be an amount equal to the maximum amount of principal installments and interest payable in any year on all bonds outstanding. The monies in the Reserve Account, to the extent of the bond reserve requirement, are not available for any purpose other than the payment of the principal installment and interest on the bonds Reserve Requirement $600.000 The District has invested the reserve funds in the following: US Treasury Money Market 5.000% $600,000 $30,000 $600.000 These investments are in accordance with those permitted as outlined in the Bond Indenture Debt Service Accounts: The Bond Indenture authorizing the issuance of the Series 1997 Bonds established four (4) Debt Service Accounts to track the flow of funds from the receipt of monies through the Payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Indenture. Interest Sinking Account Interest Account Prepayment Account Revenue Account $0 $25,000 $0 $0 $25,000 $25.000 Heritage Greens Community Development District Budget Fiscal Year 1998 Debt Service Fund 16Gl Appropriations: Debt Service Principal Retirement. November 1, 1997 Interest Expense for the period ending November 1, 1997 for the period ending May 1, 1998 Total Interest Expense: $0 $247,500 $247,500 $495.000 $495,000 Other Fees & Charges: Tax Collector Fees are based on Fiscal Year 1998 Assessments to be collected. Collector's fees are two (2) percent of the assessments collected. The Tax $0 Property Appraiser Fees are based on Fiscal Year 1998 Assessments to be collected. The Property Appraiser's fees are one (1) percent of the assessments collected. $0 Revenue Reserve The District currently reserves, and State Law permits the District to appropriate96% of estimated revenues, which will cover discounts and non payment of assessments. $0 Total Other Fees & Charges Total Appropriations $0 $495.000 Revenues: Unappropriated Fund Balance Principal Prepayments Bond Proceeds Interest Income Total Revenue Appropriations: Principal Prepayments Principal Retirement Interest Expense Total Appropriations Net Income Heritage Greens Community Development District Budget Fiscal Year 1998 Debt Service Fund Statement of Revenue, Expenditures and Changes In Fund Balance For the Fiscal Year Ending September 30, 1997 Actual Anticipated Total Budget Received or Expended Fiscal Year FY 97 4/30/97 Thru 9/30/97 1997 Variance Favorable (Unfavorable) $0 $0 $0 S0 $0 $0 $0 $0 S0 $0 $0 $1,234,715 $0 $1,234,715 $1,234,715 $0 $28,943 $15,000 $43,943 $43,943 $0 $1,263,658 $15,000 $1,278,658 $1.278,658 $0 S0 $0 SO $0 $0 $0 $0 $0 $0 $0 $0 $165,000 $165,000 ($165,000) $0 $0 $165,000 $165,000 ($165,000) $1,113,658 Fund Balance September 30, 1996 (Actual) Reserved for Debt Service(All Years) Reserved for Debt Service(Fiscal Year 1999): Principal on Bonds Due 11/1/98 Interest Expense Due 11/1/98 Unappropriated Fund Balance September 30, 1997 S0 $247,500 $0 $600,000 $247,500 $266,158 Deb: Sa.-vice Date o$Ioz/97 oslo11~9 o5/ol/oo 11/ol/oo o5/ol/Ol 11/Ol/Ol o5/ol/o2 11/Ol/o2 05/02/03 11/Ol/O3 o5/ol/o4 11/ol/o~ o5/ol/o5 11/Ol/O5 o5/o!/o6 11/ol/o~ o5/ol/o? os/ol/o~ ~:/o~/oa o5/ol/o9 o5/o~/lo o5/Ol/lx 11/Ol/11 o5/02/~2 1~/Ol/12 o5/o~/x3 ~:./ol/~3 05/o~/14 o5/o~/~s 11/Ol/lS o5/ol/26 ~5/ol/17 l~/OL/L7 o5/Ol/18, HERITAGE GREENS S~ECIAL ASSESSMENT SPECIAL ASSESSKENT BONDS, From 01/01/97 8 25O 8 250 8 25O 8 250 8 250 8 250 8 25O 8.250 8.250 8.250 8.25¢ 8.250 8.250 8.250 8.250 8.250 8.250 8.250 8.250 8.250 Total Accrued Principal LEO,O00 135,000 145,000 155,000 170,000 185,000 200,000 220,000 235,000 255,000 280,000 305,000 330,000 360,000 390.000 425,000 460.000 $00,000 540,000 5~0,000 6,000,000 oi/10/97 ~erage Coupon ond Years Average.Life 8.2S0 86,680. 000 14 ..447 165,000.00 247,500.00 247,S00.00 .247~500.00 247°500.00 242,550.00 242,550.00 236,981.25 236,981.25 231,000.00 231,000.00 224,606.25 224,606.25 217,593.75 217,593.75 209,962.50 201,712.50 201,712.50 192,637.50 192,637. SO 182,943.75 182,9~3.79 172,425.00 172,425.00 160,875.00' 160,875.00 148,293.7~ 148,293.75 134,681.25 134,681.25 119,831.25 11~,831.25 103,743.75 103,743.75 86,212.50 86,212.50 67,237.50 67,237. $0 46,612.50 46,612.S0 24o3~7.S0 24,337.50 o.00 7,163,475. O0 12,375.00 7,151,100.00 SERIES 1997 165,000.00 247.500.00 247.50o.00 247,500.00 367,500.00 2~2,550.00 377,550.00 236,~81.25 381,281.25 231.000.00 386,000.00 224,606.25 394,606.25 217,593.75 402,593.75 209,962.50 409,962.50 201.712.50 421,712.50 192,637.50 427,637.50 182,943.75 437,943.75 172,425.00 452,425.00 160,875.00 465,875.00 148,293.75 478,293.75 134,6&1.25 ~94,681.25 119o831.25 ~09,831.25 103,743.75 528,7~3.75 86,212.50 546,212.50 67,237.50 567.237.50 ~6,612.50 586,612.S0 24,337.S0 614,337.S0 0.00 13.163,475.00 12,375.00 13.151,100.00 ~95,000.O0 610,050.00 61¢.531.25 612,981.25 610,606.25 612 , 200,..~ · .; · ,~.~, 4 612,556: 21~'~ 610, 610.36S'~ 614,168.75 612,975.00 614. 512. SO 613,575.00 > 0 16Glo! O~ .JO 16Gl'~ O0 1 661 ~ o 0 Z 0 · ~c Z ZZ Ztu 1 df ~5 \ 42 /' ' 5,3 37 I AND DESCRIPTION O1: LIFT STATION EASEMF. NT A I'ARCI:'I. OF I.AND I.YING IN LOT 150, BLOCK "B" OF TI IE PROI'OSED PLAT OF ilF. RI'rAGE (;RI!F. NS IN SliCTION 28, TOWNSIIIP 48 SOUTH, RANGE 26 EAST, COLI.IER COUNTY, FI.ORIDA, SAID I'ARCI,.'I, OF I.AND I1EING MORE PARTICULARLY DESCRIBED AS FOI.LOWS: t,'OMMENCiNG AT TI IE NORTIIEAST CORNER OF SAID SECTION 28; TIIENCE SOUTII 03°05'15" I!AST A I,ONG TI [E EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO 'Il ll~ SOUTIII.~RI,y RIGI IT-OF-WAY LINE OF IMMOKALEE ROAD (C.R. 846); TI IliNCL: SOUTll 89°10'00" WEST ALONG SAID SOUTilERLY RIGIlT-OF-WAY LINE FOR A DISTANCF, OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTHERLY LINE SOUTII 03°05'27" EAST FOR A DISTANCE OF 1576.33 FEET; TIIENCE SOUTH 68a04'32', WEST FOR A DISTANCE OF 176.68 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID CURVE. CONCAVE NORTIII!RI,Y, IIAVING A RADIUS OF lO.00 FEET, A CENTRAL ANGLE OF 46°14'04' FOR AN ARC I)ISTANCF~ OF 8.¢)7 FEET TO A POINT OF TANGENCY; THENCE NORTH 65°41'24" WEST FOR A DI$'FANCE OF 115,09 FEET TO TIlE POINT OF BEGINNING OF THE IIEREIN DESCRIBED PARCEl. OF I.ANI); TI II!NCI;: CONTI NIJF. NOR'FII 65°41'24- WEST FOR A DISTANCE OF 37,00 FEET TO A POINT OF IN'I'F.I~$1!CTION WITII A NON-TANGENT CURVE FROM WllICI! THE RADIUS POINT BEARS N()IJ'I'II 61 °25'02" EAST; TI IF. NCI': NOI~,TIII~AS'I'ERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTERLY, I IAVING A RAI)IUS OF I{lO.00 [:EET, A CENTRAL ANGLE OF 17°43'15'' FOR AN ARC DISTANCE OF 30.93 FEET '1'O A POINT OF INTI!RSF. CTION WITI! A NON-TANGENT LINE; TI IliNCI,i SOIJTII (,5"41'24" EAST FOR A DISTANCE OF 30.00 FEET; TI II!NCI,.' SOl ITI I 2,1°18'36'` WEST FOR A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING; ¢'ONTAINING 0.024 ACRES OF LAND, MORE OR LESS, SIIIIJI!CT TO I~ASI~MEN'I'S AND RESTRICTIONS OF RECORD. A(iNOLI, IIARBF. I( ,cz BRUNDAGE, INC. I'ROFI!SSI()NAI. F. NGINEERS, PI.ANNERS AND LAND SURVEYORS II Y ..... ;' -..-..z- -. - -._ RI('~IARI) I.. ~"~'I-(~;~ARD. P.S.M. NO. 2474 RIiF: ARB I)I~AWING FII.E NO. 5783 This b,:H~:! ir, r,~ 'l'Jl [~ Exam[lla~Jon or l,~qal ¢)pinir,r~ by and ~hould Yr~unq, 'lan Asa~ndelp & Varnadoe, P,A, (9,1 I ) OWNER' S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER [tEFORE ME, the undersigned authority, personally appeared James M. Reinders, who to me is well known, and having been duly :;worll ~n,] ~mder oath, deposes and states: 1. My ri,line is James M. Reinders. ! am over tile age of I~wenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. ?.. I arn the Chairman of the Board of Heritage Greens Community Development District, a local unit of special purpose l~>c~l qovernment organized and existing in accordance with tile I;I,ifc~ln C~mmunity Development District Act, Chapter 190, Florida SI:at:ute:;, ~,s amende¢t, owner of said real property located at lief.it:age Greens Phase lA, and legally described on Exhibit A. '~. Ali p~:rsons, firms, corporations, including the general contract, or and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, ~sed in the construction or repair of the water and sewer ur.]liLy facilities on the real estate hereinafter described, have been [;~lid in full and that such work has been fully completed and accept ~.¢t J~y t:he owner. ,1. Ilo claims have been made to Owner by, nor is any suit now pnl~¢til;~I n~l~ i~ehal f of, any contractor, subcontractor, laborer or ,,.~l.0:t i.~lmal,, ,,nd !urther no chattel mortgages or conditional bills c,t .qnl.-: have bee,] given or are now outstanding as to the subject ,~l;il it;y lack],ties placed upon or installed in the aforesaid pi'ell, Lses . 5. The utility facilities described herein are not included in0 encui,lbered by, or subject to any real property mortgage, -1 o~ 2- ,~h,*,t'~*,l mortqyje, security agreement, Uniform Commercial Code f[na~'~cing statement, or any other encumbrance. ~. As nnd on behalf of the owner of the subject utility ~ac[li~ie~, rl,~es for valuable consideration hereby a~ree and g~arantee, i~u hold the Board of County Commissioners of Collier Cn~nLy, ~lorid~, as the governing body of Collier Co~lnty and as Ex- O[~ic]r, the G*~verning t~oard of the Collier County Water-Sewer District h~,r:nless against any lien, claim or suit by any general contrac~or, suScontractor, mechanic or materialman, and a~ainst chat~el mortgages, security interests or repair of the subject ~]Lility f~cilities. Affiant is used as singular or plural, as the COntexL requires. 'I%,~ ,~tilit:y facilities referred to herein are located within ~,~ t,..,l P~*,V'lt:Y dc$;cribed in the attached Exhibit "A". FI)R'['}{ER AFFIANT SAYETH NAUGHT. ~tJ[~:iC[~II~ED A~ID SWORN eo before me this /~ day of ~t/~/5 ~ __, 1997 by James M. Reinders. ' ' OFFICIAl. NOTARY SEAl, J DONNA I IOI.I[)AY J N( rrARY I'UBIJC SI'ATI:. OF lq,OIUI)AI cc mll~J~l~JU~j)CC421230 J .%IY C(}U kIISSI¢)N Jg( ~'. NOV.:~24 1 ~.~..J S~g~ature of Notary Publio/ D ,', ~ ~,,~ I./,,/, .1~ Z Print, Type 6r S~amp Commissioned Name of Notary Public OR Produced Identification 'l'yp,~ ,,I l+i~{tification Produced -2 of 2- 16Gl I.ANI) DIiSCRII'TION OF I'iOAI) RIGI IT-OF-WAY LYING WITIIIN 1'11ASE I-A iq I'~LRCI':I. (71: LAND I.YING IN SECTION 28, TOWNSIIlI' 48 SOUTll, RANGE 26 EAST, (:()I.I.II':IL COUNI'Y, FLORIDA, SAID i'ARCEL OF LAND BEING MORF I'AWi'I(:UI.ARI.Y 17L:SCRILII.:D AS FOI.LOWS: ('¢)NhMEN('ING AT T! Iii NORTI lEAST CORNER OF SAIl) SECT/ON 28; TilENCE ,SOU'I'I i O] ~US'I 5' L:AST ALONG 'i'11E EASTERLY I.INE OF SAID SECT/ON 2g FOIL A DIS'I'ANCE (71:100.08 FEI£1' TO AN INTERSECI'ION Wil'll TIlE SOUTIII,~RLY R/Gl FI'-OF WAY LINE OF IMMOKAI.EE ROAD (C.R. 846); TI IENCE $OUI'i 1 89' I 0'00" WF. ST AI..ONG SAIl) SOUTI IERI.Y LINI:. FOIL A DISTANCE OF 1981.]9 FEET TO TI IE I'(}IN I' (}F IH:GINNING OF l'l IF. l lEILEIN DESCILiilEI) PAILCF. L OF LAND; '111ENCI.: SLID'I'll 89° lO'U0' WEST CONTIt':UING AI.ONG SAID SOUTIIERLY LINE FOR ,L I)ISTAN('F. ¢)F 130 81~ FF.F.T, I I II.iNCi! .',;I H J'l'l I 0 l'O,l'Ofi" I.:.AS I' FOIL A I)ISTANCE OF 180.39 FEI':T TO A POINT OF ('IJIL VATIJI(I:., '1111;.NCI.: S(.~UTIIERLY AI.ON(] SAID CUILVE, CONCAVE EASTERLY, IIAVING A J(,AD/I].~ OF 2,13,95 FL:F.T, A CFN'I'RAI. ANGI.E OF 1802,1'27" FOIL AN AILC I)IS'I'ANCI.: ¢)F ?~'~ 38 FEI:'T TO A POINT OF IH~.VEILSE CUILVA'I'UbLE; I III!NCI': SOUTI IERLY ALONG SAID CUILVi'], CONCAVE WESTERLY, I lAVING A IbU)IIJS OF ,182.00 FEET, A CEN'I'ILAI. At'IGLE OF 10'51'24" FOIL AN ARC DISTANCE OF 91.33 FEET TO A POINI' OF 'I'ANGENCY; TI IF. NCE SOU'i'II 10'37'09" EAST FOIL A DISTANCE OF 227.22 FEET 3'0 A POINT OF C tJIL VATUILF.; TI IF. NCE SOU'Fi IEILLY ALONG SAID CURVE, CONCAVE WESTEILLY, tlAVING A P, ADItJS OF ,182.00 FEET, A CENTRAL ANGLE OF 07'33'03" FOIL AN ARC DISTANCE OF 63 52 FILET TO A POINT OF TANGENCY; TI IF. NCF. SOUTII 03'04'06" EAST FOP. A DI'.STANCI,: OF 391.88 FEI,.'T TO A POINT O1. CIJIt V~L'I'UI~.E; TI IENCE SOU'FI IF. RI.Y ALONG SAID CURVF., CONCAVE WESTEILLY, IlAVING A Ib\l.)l[JS OF .100.O0 FEET, A Ci'.'NTRAL AI~IGLE OF 37°46',i2'' FOIL AN AILC DISTANCE (~l: 197.81 FEET TO A POINT OF RF. VEILS I.: CURVATUILE; '111ENCF. SOIJ'i'I IWESTI.'.RLY ALONG SAil) CL/RVE, CONCAVE SOU'F! IEASTERI.Y. I IAVING A RADIUS OF ,I10.00 FEET, A CILI"ITID~,L ANGLE OF 14°58'30'' FOIL AN A~C DISTANCE OF 107. 16 FEET TO A POINT (.)F REVERSE CURVATURE; '1'111:.NCF. SOl ITl II.i:RLY ALONG SAIl) CUP. VE, CONCAVE NORTI IWES'I'ERLY, i lAVING A RAI)IIJS OF 500.00 FEET, A CENTRAL ANGLE OF 27°59',15' FOIL AN ARC DISTANCE OF 2,1.1.31 FEET TO A POINT OF ILEVER51.i CURVATURE; 'I'1 II :.N CF. SO UT! I WESTERLY ALONG Si~. I I) CURVE, CONCAVE SOU'I'! IEASTERLY, 11AVli"I(; A I~.ADIUS OF 160.00 FEET, A CEN'I'ILAL ANGLE OF 49%14'21" FOIL AN ARC I)IS'I',\I'ICE O[: 138.90 FE[:.I' TO ^ POINT OF GOMPOUND CURVATI, Ji~,I'i.; TI II:.NCI.: S()I/TI IEff, I.Y ALONG SAID CI.IILVE, CONCAVE EAS'i'EILLY, IIAVING A I'.AI ~1 US OF 1200.00 FEET, A CEN'I'i~,AI. ,Lt~GLE OF 04'55'23" FOR AN ARC DISTANCE I:'.¥111BtT A ¢)F 103. I I Flil!'l' TO A I'OI NT OF COMPOUND CUItVATURE; '1111.:NCI,5 S(IU'I'I IERI.Y AI.ONG SAIl) CURVE, CONOAV~ EASTERLY, i lAVING A RADIUS ()F 300.00 FEET, A CENTRAL ANGI.E OF 18',17'~4" FOR AN ARC DISTANCE (~I: 98.,13 I:EliT '1'O A POINT OF 'I'ANGIiNCY; TIIENCE ,SOU'I'II 25',1Y,17" EAST FOR A DISTANCE OF 316.55 FEET TO A POINT OF C I IR VA'FI IRE, 'l'l IENCE SOUTI II!AS'I'I!RI.Y AI.ONG SAIl) CURVE, CONCAVE WESTIiRLY, I lAVING A RADIUS OF 2,10.00 FEET, A CENTRAL ANGLE OF 22'38'52" FOR AN ARC DISTANCE ()F 9.I.g7 FliET TO A POINT OF TANGENCY; TI IENCE SOUTII 03 °0,I'55" EAST FOR A DISTANCE OF 166.18 FEET TO A POINT OF 'I'11ENCli S()U'I'itERI.Y AI.ONG SAID CURVE, CONCAVE EASTERI.Y, I lAVING A RAI)II tS ()t..lUO OU FiiE'I', A CliN'I'RAI. ANGI.E OF 10',17'~,I" FOR AN ARC DISTANCE ~ )F 56 5] I"I.IFI' '1 t) A POIN'I' OF REVI:I{SI! ~'UliVA'I'IJRii; II II:[~t '1~ S~ ~1H I II!RI.Y AI.ONG SAID CURVE, CONCAVE WESTERLY, 1 lAVING A RAI~II ~S (iF 5~0 O0 i:lil!'i', A CIiNIRAi. AN~;I.E OF 10'06'52" FOR AN ARC DISTANCi! ~1. 1~2 3'~ I l:li'l' TO A i'OIN 1' OF 'I'ANGENCY, I 1 Il!? ;Cli S~)U I'11 0] ~,15',17~ liA~i I' i'DR A DI:i'I'ANCE OF 369.01 FEET TO A POINT OF ('URVATUI{I~, I11EI';(~I~ SI)U'I'llERI.Y AI.ONG SAID CURVE, CONCAVE NORTIIWESTEI{LY, ilAVING A I(AI)IU~ ~1:,17 ?O FEITI', A CENI'I{AI. ANGI.E OF ~0'00'00' FOR AN ARC DI~'I'ANCl~ ()1: ?.I '~2 FI:I'.T TO A P{JIN F OF 'I'ANGENCY, '111E?'J('E S{){J'I'Ii ~6' 1,1'13' WEST 1;O1{ A DISTANCE OF ~1~.8~ FEET; '111ENCE S(JU'I'I! 03'0Y09" EAST FOR A DISTANCE OF d0.00 FEET TO A POINT OF ('URVA'I'UI~I~, TI IENCI~ SOUTIIERLY ALONG SAID CURVE, CONCAVE NORTIIE~Y, l lAVING A RADIUS OF ~0.00 FEET, A CEN'I'I~L ANGL~ OF 16~'5Y31~ FOI~ AN ~{C DIS'i'ANC~ {)F 17058 FEET TO A POINT OF REVERSE CURVATURE; 'II IENCE NOR'I'i IERLY ALONG SAID CURVE, CONCAVE SOUTI1EASTERLY, I lAVING A RAI)I[JS OF 25.00 FEET, A CENTRAl. ANGLE OF 72'53B8" FOR AN ARC DISTANCE OF 3 I 81 I:EIFF TO A POINT OF TANGENCY; TIIENCE NORTll 86~14'13" EAST FOR A DISTANCE OF 272.28 FEET TO A POINT OF ( ~1Jl~ VATUR E: '1'111.:NCE EAS'I'EI(I.Y AI.ONG SAID CIJ~VI~, CONCAVE NORTIIWESTEI~LY, IIAVING A I(AI~IUS OF 107.70 FEET, A CENTR~I. ',NGLE OF 90'00'00" FOR AN ARC DISTANCE OF 160 17 FI~IFI' TO A POINT OF TAI'.IG..:NCY; TI IEM('E NOl('rll o~'4y,l?- WEST FOF A I)IS'I'ANCE OF 3~9.01 FEgT TO A POINT OF (;I J R VA'I'IJR I ~; '1111~NCE NORTI IEi(I.Y AI.ONG SAIl), UILVE, ~ON~AVE WES'I'EI~LY, IIAVINg/, I(ADIIIS OF 6,10,00 FEET, A CENTRAl. ANGLE OF 10'06'52" FOIL AN AKC DISTANCE ()F 112.9~ FI~IFI' TO A POINT OF REVI .~SE CURVA'I'Ui~; TI IENCI~ NOI¥1'IIERLY ALONG SAID I URVE, CONCAV~ EASTERLY, IlAVINO A RAI)IUS OF 2,10.00 FEET, A CENTRAL ANGL~ OF I0'47'44' ~OR ~ ~R DISTAN~ ()1:,1522 FEIFI' TO A POINT OF'i'ANGi N.~; TI IENCI~ NORTII 0.t o0,1'SY' WEST FOR A DISTANCE OF Id6. I~ F~ET; TO A POINT OF E,~IIr. I~[?' A TI IENUE tlOR'l'i IERI,¥ ALONG SA ID CURVE. CONCAVE WESTERI,¥. ! lAVING A RADIUS OF ]00.00 FI.~ET. A CI!NTILAL ANGLE OF I I°$1:10" FOIL AN ARC DISTANCE OF fi2.0fi I-'I.~I.YI' TO A POINT OF REVERSE CURVATURE~ TI I!!NC,}E NOILTilF, RI,¥ AI,ONG SAID CURVF, o CONCAVE SOUTiiEASTERL¥. I IAVING t/I{.AIljIUS Ol: 2.5.00 FI£F.'I', A Ci:'NTI(AL ANGLE OF 81i°39'51'' FOR AN AILC DIS'I'ANCI:. OF 38.69 FliF. T '1'O A POINT OF TANGENCY; TI I[:.HCI,] NORTI ! 7J *,13'.16" F. AST FOR A DI.g'rANCE OF 274. I Ii FEI,YI' TO A I'OINT OF CURVATURF.; TI IF. NCE EAS'I'ERLY ALONG SAIl) CURVE, CONCAVE SOU"I'tlEILLY, IIAVING A RADIUS OF $00.00 FI~F.'r, A CENTRAl. ANGLE OF 32°:~3'47° FOR AN ARC DISTANCE OF 287.o8 FI{ET TO A POINT OF TANGENCY; TI IENCE S¢)U'I'Ii 7~'22'27" EAST FOR A DISTANCE OF 19.25 FEET; TI II'~NCF. NORTI I 39°~8'~0'' E^ST FOIl. A DISTANCE OF 6~.~$ FEET; TI I I!NCE N{JR'I'll ?~ °22'27" WI{ST FOR A DISTANCE OF ,1:5.15 FEF. T TO A I'OINT OF CURVATUI{F.; TI IENCF. WI'.'STI.:RI.Y AI.ONG SAID CURVE, CONCAVE SOUTIlERLY, I IAVING A RADIUS OF $60.00 I;I.:I:'T, A CENTRAL ANGLE OF 32°53'47'' FOR AN ARC DISTANCE OF 321.$3 FEET TO A POINT OF TANGENCY; TI IENCE SOU'HI 7.~ '4.1',16" WEST FOR A DISTANCE OF 256.68 FEET TO A POINT OF CIJRVATIIRE; TI IF. NCF. WI.;STI..'RI.Y AI.ONG SAIl) CURVE, CONCAVE NOR'ri IEASTERLY, IIAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 80°32'26" FOIL AN ARC DISTANCE OF 35. I.i Fi.'.I.:.T TO ,,\ POINT OF TANGI,.'NCY; TI Ii.;NCI.: NOllTil 25",13'47" WEST FOIl A DISTANCE OF 266.87 FEET TO A POINT OF ClJiLVATURE; TI IF. NCE NOILTI IWEffFERLY ALONG SAID CURVE, CONCAVE EASTERLY, I lAVING A RADIUS OF 240.00 FEET, A CENTRAL ANGLE OF 18°4T34" FOIL AN ARC DIS'lANCE OF 78.7.1 I:EI{T TO A POINT OF CO~,IPOUND CURVATURE; TI IENCE NORTI IERI.Y ALONG SAIl) CURVE, CONCAVE EASTERLY, ilAVING A RAI.)IIJS OF I 1,10.00 FEINT, A CENTRAl. ^NGLE OF 04°$$'2y' FOR AN ARC DISTANCE OF 97.9~ FEET TO A POINT OF COMPOUND CUIIVA'I'UI~; TI IENCE NORT! IERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTEI~J.,y, HAVING A RADIUS OF 100.00 FEET, A CEN'rlU~,L ANGLE OF 49°44'21'' FOR AN A~C DISTANCE OF 86.81 FF. ET TO A POINT OF REVI]RSI{ CURVATURE; T! IENCE NORTI IEAS'FERLY ALONG SAID CURVE, CONCAVE NORTIIWESTERL¥, I IAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 27°:~9'44° FOIl. AN ARC IJIS'I'ANCE OF 27.].63 FEET TO A POINT OF P~VERSE CURVATURE; '1'11F. NCF. NOR'FI IERLY ALONG SAID CURVE, CONCAVE EASTEI~d~.Y, ilAVING A RADIUS OF 3~0.00 FEET, A CENTI~a,L ANGLE OF 04°06'01'' FOR AN ARC DISTANCE ()F 2~.05 FI..'E'F TO A POINT OF INTERSECTION Wll'li A NON-TANGENT LINE; .TI IF. NC;F. NOIr'I'll 86*54'33" EAST FOR A DISTANCE OF 115.23 FEET; Ti IF. NCE NORTII 03'05'27" WF. ST FOR A DISTANCE OF 1298.20 FEET TO Ti IE POINT OF IIF. GINNING; EXIIIB1 ?' A RADIUS OF 300.00 Ff.'ET, A CF. NTI~AL ANGLE OF 1 i°51'10" FOlk AN ARC DISTANCE OF 62.¢)6 FI'.'ET TO A POINT OF REVERSE CURVATURE; TI IF. NCE NOR'I'ilF. RI,Y AI.ONG SAID CURVE, CONCAVE SOUTi IEASTF. RLY, I IAVING A RADIUS OF 25.00 Fl!l:.T, A CI'.'NTRAL ANGIJ: OF 88°39'51' FOR AN ARC DISTANCI:. OF 3~{.69 FI'~F.T TO A POINT OF TANGI£NCY; TI IENCF. NORTII 73 *,IY,I6" I'.'AST FOR A DISTANCE OF 274.18 FF.F.T TO A POINT OF TI {F. NCE L:..\STEKLY ALONG SAID CURVE, CONCAVE SOUTHERLY, I lAVING A RADIUS Gl: 500.00 Fl~F.'F, A CENTRAl. ANGI.E OF 32°53'47'' FOR AN ARC DISTANCE OF 28708 I:liET TO A POINT OF 'I'ANGFNCY; TIIENCI?. S{)UTil 73°22'27' EAST FOR A DISTANCE OF 19.25 FEET; TI IF. NCF. N()RTII 39°58'30'' EAST F(}R A DISTANCE OF 65.35 FEET; TI IENCli N{~R'I'I ! 73°22'27" WEST FOR A D/STANCE OF ,15.15 FEET 'FO A POINT OF CUP, VA'I'UI{li; ]'I IL:NCF. WESTL:RLY AI.ONG SAID CURVE, CONCAVE SOUTilERLY, ilAVING A RADIUS OF $60.00 FEET, A CENTRAL ANGLE OF 32°5Y47" FOR AN ARC DISTANCE Gl" 321.53 FEET TO A POINT OF TANGENCY; TIIENCE SOUTII 7.1 °4J',16" WEST FOR A DISTANCE OF 286.68 FEET TO A POINT OF CIIR VAT IJR E; Ti {F. NCli WI.'.STERLY AI.ONG SAIl) CURVE, CONCAVL: NOR'FI IEASTERLY, i lAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 80°32'26'' FOR AN ARC DISTANCE OF 35. I.I FF. ET TO A POINT OF TANGI..'NCY; TI IL;NCE NORTII 2~°,1Y,17', WEST FOR A DISTANCE OF 2~6.87 FEET TO A POINT OF CUI~,VA'I'UR E; TI IF. NCE NOP, TI I~VESTERLY ALONG SAID CURVE, CONCAVE EASTERLY, IIAVING A RADIUS OF 24000 FEET, A CENTRAL ANGLE OF 18°4T54'' FOR AN ARC DISTANCE OF 78.7,1 i:I{I{'I' '1'O A POINT OF COMPOUND CURVATURE; TI II£NCE NORT! IEP, LY ALONG SAID CURVF., CONCAVE EASTERLY, l lAVING A RADIUS OF I [,lO.00 Flil'Yl', A CI~N'I'RAI, ANGLE OF 04°~5'2Y' FOR AN ARC DISTANCE OF 97.9~ l:EI..~'I' TO A POINT OF COMPOUND CURVATURE; TI IENCE NORTI IIiRLy ALONG SAIL) CUP. VE, CONCAVE SOUTIIEASTERLY, i lAVING A RADIUS OF 100.00 FEET, A CENTILAL ANGLE OF 49'44'21' FOR AN ARC DISTANCE OF 86.81 FEET TO A I'OINT OF REVIiR$li CURVATURE; TI IENCE NOIUI'IIEAS'I'ERLY ALONG SAID CURVE, CONCAVE NORTtlWESTERLY, I IAVIN(; A RAI)IUS OF 560.00 FEET, A CEN'I'ILAL ANGLE OF 27°59'44" I:OR AN ARC DISTANCE OF 273.63 FEET TO A POINT OF rLEVERSE CURVATURE; '1'11F. NCE NORTi IERLY ALONG SAID CURVE, CONCAVE EASTERLY, I IAVING A RADIUS OF 350.00 FEET, A CENTILAL ANGLE OF 04'06'01 ~ FOR AN ARC DISTANCE ()1:25.05 FiiF. I' TO A POINT OF INTERSECTION WlTll A NON-TANGENT LINE; .TI IF. NCF. NORTII 86°54'33'' EAST F{)l~, A DISTANCE OF 115.23 FEE'r; TI II;.NCE NOR'FI 1 03 °05'27" WEST FOP, A I)ISTANCE OF 1298.20 FL:ET 'FO T! IE I'OINT OF IlF. GINNING; EXIII BI 7' A CON'I'AINING 6.850 ACRES OF LAND, MORE OR LESS. SUIUECT TO EASEMENTS AND RESTRI(.'I'IONS OF RECORD. AGNOI.I, IW~RIIER & DItUNDAGI:., INC. I'ItOFESSIONAL ENGINEERS, PI.Af'INERS AND LAND SURVEYORS llY RICI lARD I.. SI IEIUIARI.) I!.I..S. NO. 2,17.1 DATE RF.F.: AIIB DWG. FII.F. NO. 57811 12-,I,15Y6.L~IiS 4 EX/i/BIT 4 CUR VA'I'IJII, I'.'~ TI II!N('I£ NORTI IF. RI.Y AI.ONG SAID CURVE, CONCAVF. WESTERLY, IIAVING A RADIUS OF 300.00 FI!ET, A CL;NI'RAL ANGLE OF I i °51'10" FOR AN ARC DISTANCE ()F 62.00 FI!I:'T TO A POINT OF REVERSE CURVATURE; TI IENCE NORTi IERI,Y ALONG SAID CURVF., CONCAVE SOUTtlEASTERLY, I IAVING A I(ADIUS O1:25.00 I"EET, A CF.N'I'I(AL ANGLI,.' OF ~°39'$1" FOR AN ARC DISTANCFF ()F 3,~ fi,) FI!F.T TO A POINT OF TAN(iF. NCY; '1111~NCF. N(}R'i'i [ 73°,13'd6'' EAST FOR A DISTANCE OF 27,1.1~ FEET TO A POINT OF ( TI IF. NCI,~ I!AS'I'F. IU.Y AI.ONG SAID CUI~VE, CONCAVE SOU'I'IIEI~IoY, IIAVING A RADIUS ()F 500.00 F['~F.'l', A CI~.NTRAL ANGLE OF 32°53'47" FOR AN ARC DI.STANCE OF 2~7 08 FF.F.T TO A POINT OF 'I'ANGL;NCY; '1111£NCI~ SOUTII 73°22'27" EAST I"OR A DISTANCE OF 19.25 FEET; TI II:.NCF. N()RTI I 39°58'30" EAST FOR A DISTANCE OF 65.3~ FEET; '1 I lliNCE N()ICI'I I 73 °22'27" WEST FOR A DISTANCE OF ~5. I $ FEF. T TO A POINT OF (~IJR VAT[II(I~,; TI IENCE WIiSTI!RLY ALONG SAIl) CURVF,, CONCAVE SOU'I1 IERLY, iiAVING A RADIUS OF %0.00 i:L:I~T, A CF.N'I'RAI. ANGLE OF 32°53'47" FOR AN ARC DISTANCE OF 321.53 FliF. T TO A POINT OF TANGENCY; TI IENCIi SOU'I'II 73 °43',16" WEST FOR A DISTANCE OF 286.68 FEET TO A POINT OF (iI.~RVATIJRF.; TI IIiNCI.:. WIiSTI£RL¥ AI.ONG SAID CURVE, CONCAVE NORT! IEASTERLY, I lAVING A · R..\l)llJ.g 01:2500 FliL:T, A CENTRAl. ANGI.E OF 80°32'26'. FOR AN ARC DISTANCE OF 35 1.1 FI.]£'I' TO A POINT OF TANGENCY; '1'1 II iNCl..' NOIr, TI! 25 %$3',17" WEST FOR A I)ISTANCE OF 266.87 FEET TO A POINT OF CIJI~,VATIJRli; TI IF. NCL: NOR'il IWES'I'L;I~,I.Y ALONG SAIl.} CUIIVE, CONCAVE EASTERLY, 1 lAVING A RAI)I[ IS OF 2,10.00 FF.i!T, A CF. NTRAI, ANGI.E OF 18°47'5,1" FOR AN ARC DISTANCE ¢)F 78.7,1 F£!I.~'I' TO A POINT OF COMPOUND CURVATURE; TI IF. NCI:. N()IUI'I IF. IU.Y AI.ONG SAIl) CIJRVE, CONCAVE EAS'I'ERI.Y, IIAVING A RAt)II. IS OF 1 I,lO.OO FL:F.T, A CENTII. Ai. ANGLE OF 04°55'23'' FOR AN ARC DISI'ANCF. OF 97.95 FIiL:T TO A POINT OF COMI~OUNI) CURVATURF.; '1'111!NCF. NORTIIElt, Ly ALONG SAID ('UI~.VE, CONCAVE SOUTilEASTERLY, ilAVING A RADIIJS I)1" I00.00 FEI:T, A CENTIIAL ANGLE OF 49°,1,1'21" FOR AN ARC DISTANCE OF 86.81 FI:.ET TO A POINT OF REVEI~SF. CURVATURE; TI IIiNCE NORTI IEASTERLY ALONG SAID CURVE, CONCAVE NORTItWESTERLY, I IAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 27°59',14" FOIl AN ARC IHS'I'ANCI.~ O1" 2?3.63 FEET TO A POINT OF REVEll, SE CURVATURE; TI IF. NCL: NORTI IERLY ALONG SAIl) CURVE, CONCAVE EASTERLY, tlAVING A RAI)ItIS OF 350.00 FF. ET, A CF. NTRAL ANGI.E OF 04°06'01" FOR AN ARC DISTANCE (Il: 2505 I"F.F.'l' TO A POINT OF INTERSECTION WITI! A NON-TANGENT LINE; '111F. NCI.~ NORTII 86°5.1'33" F. AST FOR A DISTANCE OF 115.2~ FEET; '1'I IF. NCI.: N¢)R'I'II 03°05'27° WEST FOR A DISTANCE OF 1298.20 FEET TO TIlE POINT I:'Xtll I?17' A CON'I'AII',/IN(; 6.850 ACRI,.'S OF LAND, MORE O11, LESS. SUIlJF. CT 'l'l') EASF. MENTS AND I~,ES'I'IUCTIONS OF' RECORD. A(';NOI,I, IIARIIliR t~. LIRUNDA(jE, INC. I'R¢)Fi£SSIONAI, I'.'NGINEERS, I~I,Af, INERS AND LAND SURVEYORS RICIIARD I.. SIIL:I'IIARD I!.I,.S. NO. 247,I DA'I'E RI!F.: AIIB DWG. l:ll,f£ biO. 5783 12-'l'ISY6.1)kS 'l E,¥11l BI T .'1 42 4! 40 37 3~ I,ANI) f)F. SCIHPTION OF LIFT STATION EASEMENT A I'ARCF. I. OF I.ANI) I.YING IN LOT 159, BI.OCK "B" OF TIlE PROPOSED PLAT OF IIERITAGE GRI.3..'N~ IN SECTION 28, 'rOWNSIlIP 48 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAIl) PARCEl. OI.' I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM/vlENCING AT TI IE NORTHEAST CORNER OF SAID SECTION 28; TIIENCE SOUTH 03°05'15" I!AST Al.ON(; TI IF. F. ASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO TI IE SOUTI IERI.Y RIGI IT-OF-WAY LINE OF IMMOKALEE ROAD (C.R. 846); TI II..'NCE SOUTII 89°10'00'' WEST ALONG SAID SOUTHERLY RIGIIT. OF-WAY LINE FOR A I)IS'rANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTIIERLY LINE SOUTH 03°05'27'' EAST FOR A DISTANCE OF 1576.33 FEET; THENCE SOUTH 68°04'32~ WEST FOR A DISTANCE OF 176.6g FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTI tERI.Y, I IAVING A RADIUS OF I0.00 FEET, A CENTRAL ANGLE OF 46°14'04" FOR AN ARC DISTANCE OF g07 FEET TO A POINT OF TANGENCY; THENCE NORTtl 65°41,24,, WEST FOR A DISTANCE OF I 15.00 FEET TO TI IE POINT OF BEGINNING OF THE ItEREIN DESCRIBED PARCEl. OF I.A NI)., '1'11ENCF. CONTINUE NORTI 1 65o41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTF. RSECTION WITII A NON-TANGENT CURVE FROM W]ilCH THE RADIUS POINT BEARS SOIJTI I 61 °25'02" F. AST; TI II:'NCE NORTIII'.'ASTER LY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, I lAVING A RAI)IUS OF I00,00 FEET, A CENTRAL ANGLE OF 17°43'15" FOR AN ARC DISTANCE OF 30.93 FEET TO A POINT OF INTERSECTION WITII A NON-TANGENT LINE; TI IL:NC;F. SOUTII 65°41'2.l- EAST FOR A DIS'lANCE OF 30.00 FEET; 'l'l I I'.'NCF..qOUTl I 2,1° 18'36" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.024 ACRES OF LAND, MORE OR LESS. S[JIIJF. CT TO I'.'ANI..'MENTS AND RESTRICTIONS OF RECORD, AGNOI.I, BARIIER & BRUNDAGE, INC. PR(-)FI!SSIONAI. F. NGINEERS, PLANNERS AND LAND SURVEYORS RI';F: AIIII I/RAWIN(i I:ll.E NO. 5783 um~flt ~a~ DFo. p~ro.d w|thollt. 'I'll 1,~ Examtllatlon or O~4nton hy and uhould oak Drive, gu~t~ ~O0 Flo~ id,t ~4 108 UTILITY EASEMENT 'FHI'£ EASEMENT° granted this ~ day of ~_~g~"' ., 1997, by HERITAGE GREENS COMi~JNITY DEVELOPMENT DISTRICT, an ir~c]°:D;:nclent .~;p:.'cial d~strict established pursuant to Chapter 190, F]oricla Sta~.ut,;s, its successors and assigns, as Grantor, to BOARD OF COUNTy COMMISS IOHERS OF COLLIER CO~TY, F~RIDA, AS TIlE GOVE~H[NG BODY OF COLLIER COUNTY ~D AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns as Grantee. WIT~tESSETH: That the Grantor for and in consideration of the sum o~ ten dollars ($10.00) and other valuable consideration paid by t:he Grantee, receip~ of which is hereby acknowledged, hereby couveys, grants, bargains and sells unto the Grantee, its succes:;ors and assigns, a perpetual, non-exclusive easement, l icerh]e, and privilege to enter upon and to install and maintain ,,t.i] iLy tacilit~es, in, on, over and under the following described lands b,:Jng ]ocated in Collier County, Florida, all County utility easem~en[s indicated CUE doe installation and maintenance of far:il~ les. Grantor agrees for itself, ic successors and assigns, that il: wit~ be responsible for the cos~ of any and all repairs, rep] acement, maintenance or restoration of improvements or laHHscxu,iH,7 inst:.]lled by the Grantor within the easement area, (.~;,:e attached Exhibit "A" which is incorporated by reference herein.) TO HAVE AND 'FO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take mat,-~ ri a ] :; for t he purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. I.^ NI) I)Ii.~Ci(IP flON OF I':OAD Ri(;! IT-OF-WAY LYING WITI lin 1'11ASE i-A A I'AI(CEI, OF I.ANI) I,YING IN SI~C'I'ION 28, TOWNSIIII' ~ SOU'I'll, RANGE 20 EAST. COI.I.IER COUNTY, FI.OIUI)A, SAIl) PARCEL OF LANI) IIEING MORE I'AICi'I(;UI.ARI.Y IJESCI(IBI~D AS FOI.LOWS. C()~I~II':NCINg AT TI IE NOICI'I lEAST CORNEl( OF SAIl) SECTION ~: TI IENCE %~)[ J'l'l I O]t "U5'I 5" EAST Al. ON(; TI IE I~AS'I'lJRLy I.iNE OF SAID SECTION I)I.S'I'A NCI~ OF I O0.0~ I;EI~T TO AN IN'I'I~RSI]CTION WITI i TI IE SOUTI IERI.Y I(I(H I'I'-()F WAY I.INE OF IMMOKAI.EE ROAD (CIL WI~%T AI.()NG SAIl) 5OII'l'11EIU.Y I.INI~ FOIL A I)IS'fANCi( OF 19~1.]9 I;1~1~'1' 1'( }IN 1' ( il" IIE(ilNNIN(; ()F '11 ill I IEILI:IN DESCILIIIED PAILCEI. OF I.AND, '111ENCIL S()U'I I I ~9~ J0'0O" WEST (.'ON'I'INIJIN(j AI,ONG ,SAIl) SOU'fl IEI{I.Y I.INI~ FOIL A I)IS'I'AN(:E ()FI]l) 8~ I;EI{'I'; I I IILNCE SI )IJTII 03"0.1'06" EAS'I' FI)I( A I)ISTANCE OF 180.39 FEINT TO A POINT OF CURVATIJIU~, '11 IENCE SOU'FIIERLY ALONG SAID CUILVE, CONCAVE EAS'I'ERI.Y, I lAVING A RADIIJS OF 2,1] 95 FI~ET, A CENTRAl. ANGI.E OF 1~'2,1'27" FOR AN ARC I)iSTANCI~ ()1: 7~ 3x FI.3.:T TO A POINT Of IU~VI~RSE CURVATURE; 'I IIEHC'I~ S()UTI IERI.Y AI.ONG SAID CUI(VE, CONCAVE WES'I'ERI.Y, I lAVING A ILADIIJS OF ,1~2 O0 i;I{ET, A CI~NTRAI. ANGLE OF 10'51'24" FOIL AN ARC I)ISTANCE ()F ~)1 33 FEILT TO A POIMT OF TAN(]I~N('Y; '1'I IEMCE SOU'fl I I 0']7'09" EAST FOR A DISTANCE OF 227.22 FEET TO A POINT OF (~UI~VA'I'URE; TI IILNCIL SOIJ'i'I IERI.Y AI.ONG SAIl) CURVE, CONCAVE WESTI~iU.Y, llAVING A RADII IN OF ,1~2 O0 I;I~IL'I', A CI~N'I'RAI. AN(;i.E OF 0~']]'03" FOR AN ARC I)ISTANCI~ (~1:03 .~2 FI~ET TO A P()INT O[: TANC]ENCY; '1'11ENCIL S()U'I'I 1 03'0,1'06" EAST FOI~ A DU:'I'ANCE OF 391.88 FEET TO A POINT OF CI/RVATUIU{; TI II~NC'I~ SOU'I'I IERI.Y ALONG SAID CURVE, CONCAVE WES'I'EILLY, IIAVING A RAJ)II/~ OF .lO0 O0 FEET, A CENTRAL ANGI.E OF 37'46'42" FOIL AN AILC DISTANCE ()J: 1')7.~ I I:EET TO A POINT OF REVEl{SI.: CURVATURE; '1111~NCE 5OI71'11WESTERLY ALOHG SAH) CURVE, CONCAVE SOU'I'IIEASTERI.y. I IAVIlg(] A RADIUS OF ,i I0.00 FEET, A CI:NT~L ANGLE OF 14'58'30' FOR AN A~,C I)IS'I'ANCI~ OF 107.16 FEET TO A POINT I)1: Ii, VERSE CURVATURE; '1I IIL~C'IL SOl ITl IERLY ALONG SAIl) CUI~VE, CONCAVE NORTI IWESTERLY, I IAVING A Ib~I)IUS OF 500.00 FEET. A CENTRAl. ANGLE OF 27'59'45" FOR AN ARC DISTANCE ()F 2.1.I..11 FEET TO A I'OINT OF REVERSE CUI(VA1'URE; 'l 111~I,;CE SO[ITl IWI~S'I'EIU.Y ALONG SAIl) CURVE, CONCAVE SOU'I'ilEAS'I'ERLY, I IAVIt.~(] A RAI)IUS OF 160 O0 FEET, A CENTI{AL ~GLE OF ,19',14'21' FOI{ AN ARC I)IS'I'AN('I~ ()F 13~.90 FI~ET '1'O A I~OIN1' OF COMPOUND CUI~VATJJI(~; '111EN('E S()I/I'I IEI(I.Y ALONG SAIl) CUILVE, CONCAVE EASTERLY, ! lAVING A I'.AI)II)~ ()F 12uO O0 FI~E'I', A CEN'I RAI. ANGI.E OF 0,1'55'2]" FOR AN ARC DISTANCE I'.'Xtl I B I T A ~;l' Io.I I I I'I:ET '1'O A I'OINT O1" (-'Ot~II'OIJND CURVATURE; I I lliNCli SI )I. JTI IERI. Y AI.ONG SAIl) CURVE, CONCAVE EAS'i'ERLY, I lAVING A I~.,\I)IIjS ()1 .loo 00 F!!F.'[', A CI'~NTRAL ANGI.E OF 18'47'5,1" FOR AN ARC DISTANCE 111. 98 ,l_l FI'liT TO A I'OINT OF TAt,l( I:NC~; '111ENCE SC)Ii'I'll 25°,I.1',17'' EAST FOR A DISTANCE OF 316.55 Ff.'ET TO A POINT OF CUI(VAT[JI',F., TI II!NCE SOtJTI IEASTIiRI.Y ALONG SAID CURVE, CONCAVE WESTERLY, IIAVING A I(AI)IUS OF 2.10.00 FL;FdI', A CEN'I'I/,tMo ANGLE OF 22°38'52" FOR AN ARC DIS'I'ANCF. OI.' 9,1.87 FEF. T TO A POINT OF 'I'Ai~/GENCY; TI IENCE S()U'I'I 1 03 °04'55" EAST FOR A DISTANCE OF 166.18 FEET 'FO A pOINT OF CI Jl/, V A'I'U I;. 1:4 TI II'~t'/Cli S{>U'I'I IF. RI.Y AI.ONG SAID CURVE, CONCAVE EASTERLY, I lAVING A P, ADIUS ()1:30000 FF.F.T, A CI.;N'I'RAI. ANGLE OF 10'47'4,1" FOIl. AN ARC DISTANCE ()F 56 5.t I:I~F.T 'l'O A POINT OF RL;VIiI[SE f;I. JRVATURE; 'I 111';I'.I£'E SI IU'I'I IEI/,I.Y ALONG SAIl) CUI(\'F., CONCAVE WI']S'I'ERLY, I IAVING A R/~I)IIIS O1:580.00 FF. ET, A CIiNTRAI. ANGI.E OF 10'06'52" FOR AN ARC DISTANCE OF 102 39 FI.iF.T TO A I'C)IN'I' OF 'I'AblGI:.NCY; '1'1 [EI'I('I.2 S{HJ'I'II 0.1°,15',17'. I!AS'I' FOR A I)I:/'I'ANCE OF 369.01 FEET TO A POINT OF '1'111iNCl~ St H. Yl'l II!RI.Y AI.ONG SAIl) CURVE, CONCAVE NOItTI IWES'I'ERLY, I lAVING A I(AI IIUS (7[: .1770 I:l[[',Y[', A CI'JN'I'RAL ANGI.E OF 90°00'00'' FOR AN ARC DIST^NICI[ (JF 74 02 l:IiI;.T TO/\ POINT OF TAblGI:'NC¥; '1 l[lir'~Cl! St II. Fl'l ! ~6° 1,1'13" WI'.'ST FOR A DISTANCE OF 412.82 FEET; 'I'111!N('F. S{IU'I'[I 03 °05'09" EAST FOR A DISTANCE OF 60.00 FEET TO A POINT OF C [.11/, VA'I'I Jl{ F.; '111ENCI:. S()U'I'111"I[l,5' ALONG SAID rdUll. VE, CONCAVE NOI/,TIIEIU.y, I IAVING A RADIUS OF 60.00 FFL:T, A CEN'I RAL t\I'JGLE OF 162°5J'31" FOR AN ARC DISTANCE {'11:170 58 FI'.'F.T TO A I'OINT OF REVEItSE CURVATURE; '1 IIIiNCI~ NOI/,TI IEI/,I.Y AI.ONG SAID Ct/liVE, CONCAVE SOUTiIEASTERL¥, I IAVING A I/,t\I)l[)S OF 25.00 FEE'r, A CL;NTRAI. ANGLE OF 72°53'J8' FOR AN ARC DISTANCE OF 31 81 Fl..liT TO A POINT OF TANGENCY; TI II.;NCli N~ )RTl l 86° 1,1'13" EAST FOR A I.}IS'FANCE OF 272.28 FEET 'FO A POINT OF ('1 IR \"ATUItli; '1 I II'.'1'11'1! I!ASTEI~.I.Y ALONG SAID CIJ!IVF., CONCAVE NORTII¥,tESTERLY, IIAVING A It,\IIlUS OF 107.70 FEI:'T, A CEIl I R~,I. ',NGLE OF 90°00'00' FOR AN ARC DISTANCE ¢ }1.' 169 17 FI'.'IiT TO A POINT OF TAI'.IG.iNC¥; '11 IliNl;l:. N~ II/,'l'il 03 °,15',17" WEST I:O1' .,\ IIISTANCE OF 369.01 FEET TO A POINT OF (';Il ' ' ' ' ' I1~' ~\ I L/id:; '1 [ll']b;Cl:. NOlt'l'l [I']RI.Y ALONG SAID ~ LJRVE, CONCAVE WESTERLY, I lAVING RAD[IJS OF 6'I0 00 FI!I~'I', A C[;.NTRAI..'\NGLE OF 10°06'52" FOR AN ARC DISTANCE {)F I 12 ')8 FI'2F.T TO A POINT OF REVI :',SE CURVA'['UI/,E; '[I H'.'NCF. NOR'I'I IERLY ALONG SAID t LIRVE, CONCAVE EASTERLY, [ lAVING A R,.\ DIIJ.S OI.' 240.00 FEET, A CENTRAL .'\NGI.E OF 10°47'44" FOR AN ARC DISTANCE {)l: ,15 22 I:I'iF.T TI) A P(.)tNT ()F 'I'ANGi N(.'~, '11 II,it,~CI! NF)RTII 03~0,1'55'' \VEST FOIl A DISTANCE OF 166.18 FEET; TO A POINT OF I:'XII I B I T A 1601 ,,,,i ( '1 Jl{ VA TI Ill, E; '1111iFICl': NORTIIliRI.Y AI.ONG ,SAIl) CUlt, VI!, CONCAVE WE3TERL¥, IIAVING ^ RAI)IIJS ()F 300.00 FI£F.T, ,4, CF.N'I'I1.AL ANGLF. OF I I °51'10" FOR AN ARC DISTANCE OF 62.o6 FI!ET TO A POIN'I' OF RF. VF. RSE CURV^TURE; TI Ilif'l('l.; NOIITi IERI,¥ AI.ONG SAID CURYE, CONC.&VE $OUTilEASTERL¥, ilAVING A l(Ai)lI)~ ¢)F 25 O0 i"EI'Yi', A CEN'I'P,^I, ANGLE OF 88°39'$1~ FOR AN AIIC DISTANC'E ()F 3 Il 69 l' E[iT TO A POINT OF TANGENC¥; '1 I lliNCF. I~lOR'I'il 73',13',16" EAST FOl', A DISTANCE OF 274.18 FF.F.T TO A POINT (')F ¢;IJI/VA'I'I. RI,.'; TI II{N("li hASTF. RI.Y AI.ONG S^ID CURYE, CONCAVE SOUTtlERLY, 11^VING ^ I(:\I)IIJS O!: ~tlO O0 Iq']F.'l', A CF. NTR^[, ANGI.E OF 32°$3',17" FOil. ^N All(.' I)I$'r^NcI~. Ill: 2:~7 og I iil:.T TO A P()INT OF 'l I II'~NI;I'J SOUTII 73 °22'27" EAST FOR A DISTANCE OF 19.25 FEET; '111F.N(:E NORTII 39°58'30" EAST FOR A DISTANCE OF 65.35 FEE'F; '111EN(?I'~ NOICI'I I 73'22'27" WF. ST FOR A DISTANCE OF ,15.15 FF.F.T TO A I'OINT OF ('1 IR VA'I IJli F,; 'l'l IF. NC{! WI!S'I'I'3ll. Y AI.ONG SAID ('.UI~,VE, CONCAVF. SOUTilERL¥, IIAVING A RAI)IU$ OI. 560.00 FI';F.T, A CI~N'I'IIAL ANGLE OF 32°53'47'' FOR AN ARC DISTANCE OF 321.53 FL:F.T TO A POINT OF TANGENCY; TI IF. NCIi SOUTII 73°,13',16" WF. ST FOR A DISTANCE OF 286.68 FEET TO A I'OINT Gl" (JIJRVATUR E; '1 III~NCI£ WI!$TF. RI.Y AI.ONG .SAil) CURVE, CONCAVE NORT! II2ASTF. RLY, ! lAVING A RAI)II,"S OF 25.00 FF. ET, A CENTRAL ANGLI" OF 80°]2'25" FOR AN ARC DIS'FANCI:' OF .t5 I,l Fl:.lFl' TO A POINT OF TANGENCY; 'l I tltNCI! NORTll 25",13',17" WF. ST FOR A I.}IS'I'ANCE OF 266.87 FEET 'fo A POINT OF ('URVATi Jill.:, '1'1 lliNCI[ N©RTI IWF. STERI.Y AI.ONG SAIl.) CUIIVE, CONCAVE EASTERI.¥, IIAVING A RAI)IUS OF 2,10.00 FEET, A CF.N'IRAI. ANGLE OF 18°47'54" FOR AN ARC I)ISTANCF. ~)I: 78.7.1 FELT TO A POINT OF (:OIqPOLIND CURVATURE; 'l'l IF. NC[~ NORTI IERI.¥ ALONG SAID CURVE, CONCAVE EASTERLY, ! lAVING A RAI)IIJS OF I 1,10.00 FF.F.T, A CL:N'I'IIAL ANGLE OF 04°55~23'' FOR AN ARC DISTANCE ()1:9795 Fl!liT TO A I'OINT OF ('OIMI'OUNI) CURVATURE; TI IIiNCF. NORTI IERI.Y ALONG SAID CUI',VE, CONCAVE SOUTI IEASTERLY, I lAVING A RADIUS OF I00.00 FEET, A CENTRAl. ANGLE OF 49°44'21" FOil AN ARC DISTANCF. I)F 86.81 [:Iii:. I' TO A POINT OF I(I.~VF.I*,$[~ CURVATURE; TI IF. NCE NORTI IEASTERLY ALONG SAID CURVE, CONCAVE NORTIIWESTERI.¥, I IAVING A RAi)IUS OF 560.00 FF. ET, A Ct~N'I'ItAL ANGLE OF 27°59',14" FOil. AN ARC I)ISTANCL: OF 273.63 FEET TO A POINT OF IUZVERSE CURVA'I'UItE; TI I[£NCE NORTI IERLY ALONG SAIl) CUEVE, CONCAVE EASTERLY, HAVING A RAI)I US OF 350.00 FF. ET, A CENTRAL ANGLE OF 04 °06'01" FOR AN ARC DISTANCE ()F 25.05 FF.I'JT TO A I'OINT OF IN'I'EI*,SI~C'I'ION WITll A NON-TAI'IGENT LINE; TI iI[NCI.~ N()RTI I 86°5,1'33" L:AST FOil A DISTANCE OF I 15.23 FEET; '1111iN('li N{)R'I II 03°115'27'' WI!ST I:()ll A I)ISTANCE OF 1298.20 FEET TO 'File i'OINT ()F III!(;INHIN(i, I'.',¥111111'1' A CON'I'AININ(; 6.850 ACItI';S O1: L^NI), MOirE OR LESS. SUIJJI~CT TO I~ASI.:ML;NTS AND RF, STIUC-FIONS OF RECORD. AGNOI.I, BARiIER &. BI~UNDAGE, INC. I'ROFI'.'SSIONAI. £NGINEF. ItS, I'I.AI'INERS AND LAND SURVEYORS IIY RICI IAIt. I) I.. SI IEI'IIARD I!.L.S. NO. 2,17,1 DATE Itl:.l:.: Allli I)WG. FII.I£ NO. 578:1 12-,1,15Y6.1)1!S 4 I'L¥11II;IT A 82 ~ 43 42 4f 40 3~ 52 38 681 I.AND I)ESCRII'TION OF I.IFT STATION EASEMENT ,\ I'ARCI!I. OF I.ANI) I.YING IN I.OT 159, BLOCK "B" OF TIlE PROPOSED PLAT OF I IF. RITAGE GRIll!NS IN SECTION 28, TOWNSI lip 48 SOIJTll, RANGE 26 EAST, COLLIER COUNTY, FI.ORIDA, Y, AII'} I'AR('EI. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TI IE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOUTll 03°05'15'' I'.'AST AI.ON(; TI IE I".ASTI!RI.Y I.INE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO TI Il! SOIJTI [F.R[.Y RIGI IT-OF-WAY LINE OF IMMOKALEE ROAD (C.R, 846); 'H II!N£'F. SOUI'II 80°111'00'' WEST ALONG SAID SOUTIIERLY RIGIIT-OF-WAY LINE FOR A IHSTANCF. OF 1~)§1.30 FEF. T; TI I ENCE LEAVING SAID SOUTtIERI,Y LINE SOUTII 03005'27.' EAST FOR A DIS'I'ANCI! OF 1576.33 FEET; TIIENCE SOUTI{ 68004'32" WEST FOR A DISTANCE Ol: 176.68 FI!I!T TO A I'OINT OF CIJRVATURE; TI IENCE WESTERLY ALONG SAID CURVE, CONCAVE N()RTI Il.iR [.Y, I IAi'lNG A RADIUS OF 10.O0 FEET, A CENTRAl. ANGLE OF 46014'04'' FOR AN ARC I)ISTANCF. OF 8.117 FIiF. T TO A I'OINT OF TANGENCY; TIIENCE NORTII 65041'24'' WEST FOR A I)IS'I'ANCE f)F 115.O0 FEET TO TI I E POINT OF BEGINNING OF TItE IIEREIN DESCRIBED PARCEL f)l: [.tiN[); TI II!NCF. CONTINUE NORTH 65"41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTI!R.~ECTION \VITI[ A NON-TANGENT CURVE FROM WlllCil THE RADIUS POINT BEARS SOl ITl I 61"25'02' I!A.";'I'; 'H II!NCF. NORTI IEASTL:RI.Y ALONG SAID CURVE, CONCAVE SOUTI1EASTERLY, l lAVING A R..\DIUS OF 100.00 FF. ET, A CENTRAL ANGLE OF 17°43'15" FOR AN ARC DISTANCE OF 30.93 FEET TO A POINT OF INTERSF. CTION WITI[ A NON-TANGENT LINE; TI IENCI! .";OIJ'll I ¢,5°41'24" EAST FOR A DISTANCE OF 30.00 FEET; TI II!NCI..' $OlJ'l'l [ 2.1°18'36" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONfAINING 0.024 ACRES OF LAND, MORE OR LESS. .'.;I IIUJ!( "1' TO I:..,iSI!MI:.NTS AND RESTRICTIONS OF RECORD. Af;NOI.I, IL.\RIII.:R & BRUNDAGE, INC. I'ROFE.'.;SIONAI. I':N(';INF~ERS, PLANNERS AND LAND SURVEYORS RI!F: AIHlI)RAWINGFII.ENO. 5783 I¢l.X ~ t E.¥hihit :1 ATTEST: ~' , · / ~. Disl:r tct Hanaqer [°IIIEREOF, tile Grantor has caused these presents to date and year first above written. ~ 2of 2 - between HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, an independent special r{i r;l riot ,~stab] i.gho¢l ptll'Stlant to Chapter 190, Florida Statutes, [t~; nncce~;~;or:{ and assigns, (hereinafter referred to as "Grantor"), and Lhe V{OARD cd.' COUNTY ('OMN~SSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING HODY OF COI,LIER COUNTY ~D AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (herein;lfter referred to as "Grantee,,). WITNESSETH: 'Ih~it naid Grantor, for and in consideration of the sum of Ten l~ol]at-~; tC]r).00) ~n{d other good and valuable consideration to said c;i'nn~or i~ h;,nd p.',id by said Grantee, the receipt whereof is hereby acknc, wl,.dq,~d, iu,~; tranted, bargained and sold to the said Grantee, and c;~'nnt-,.,-.,~; h.:i~':;, ~uccessors and assigns forever, all water and sewer ,~1] it,/ f.,,:i] ities lying within tile following described land, together with ,'ff~p~{r~,~n,'{nt easement rights for the operation, installation and maintenance .... ~ ~;,{id facilities, situate, lying and being in Collier Cc~unty, F]~,~ i,{~, t,~ wit: ~S,:,~ a~ached Exhibit "h" which is inc~,rporated by reference herein.) nnd said G~nnLo~ d~)es hereby fully warrant the title to said utility f.~c:~ljt i,.::, ~,1 will defend the same against the lawful claims of ail },.:~:~.,l~:~ .,~}h.m:~ ..... /..~. For the purposes of this conveyance, the utility f.-lc:il]ti.~ ,',',~v~:y,-~d herein shall not be deemed to convey any of the ]andn ,le~'c:j'il,,~d in Exhibit "A". Grantor and Grantee are used for ~]ng,~lal ~n,I pku~], as context requires. TO IIAVE AND TO HOLD the same unto the Grantee and its assign&, togethe~ wi~h l:he ¥ight to enter upon said land, excavate, and take -I o! 2- mato,rial~j for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee ars used for singular or [~lu~'al, as the context requires. ~N WITNESS WHEREOF, has caused these presents to be executed tile date and year ATTEST: / i~trict Manager :,,:., ' HERITAGE GREF£N8 COMMUNITY I.AND I)F, SCIUI"rioN OF ROAD. RIGI rI'.OF. WAY LYING WITIIIN 1'11ASE I-A A l'AltCEI. LANI LY NO s Cr oN Tow smp SO n , RANG as'r. (X)l.l,il~lt COUNTY, FLORII)A, SAID PARCEL OF LAND IIEING MORE PAI~TICUI.ARI,Y I)E$CRI~ED AS FOI,LOWS: COMMENCING AT 'Fl IE NORTI lEAST CORNER OF SAID SECTION 28; TI lENCE SOU'i'I 1 03"05'15" EAST ALONG ']'IIE EASTERLY LINE OF SAID SECTION 28 FOR A I}iSTANCE OF 100.08 FEET TO AN INTERSI.'-CTION WITII TIlE SOUTIIERLY RIGI IT.OF WAY LINE OF IMMOKALF. E ROAD (C.R. 8,16); TIIENCE SOU'rll 89' IO'OO" WF. ST AI.ONG SAIl) SOUTI IERLY LINE FOR A DISTANCE OF i 981.39 FEET TO TI IE POINT (}F IlL.'GINNING OF T! IF. ! IEI{E1N DESCKIIJED PARCEL OF LAND; TI IENCF. SOUTII 89' I0'00' WEST CONTINUING ALONG SAID SOUTIIERLY LINE FOR ,\ I)IS'I'AN¢'F. OF 130.88 FF~F.T; I I IF. NCI.; SI } UTI I 03 '0,1'06" EAST FOR A DISTANCE OF 180.39 FEET TO A POINT OF ('URVATUIU:4 'l I IF. NCE SOtJTI IF. RLY ALONG SAIl.} CURVE, CONCAVE EASTERLY, 1 lAVING A RAI)IUS OF 2.13.95 FEET, A CI'-'NTRAL ANGLE OF 18'24'27" FOR AN ARC DISTANCE OF 78.38 FEF. T TO A POINT Glt REVEI{Si.i CURVA'rUItE; 'l'l IF. NCE gOUT! IERLY ALONG SAID CURVE, CONCAVE WESTERLY, IIAVING A RAI)I US O!" ,182.00 FEET, A CENTRAl° ANGLE OF 10'$1'24" FOR AN ARC DISTANCE OF 91 33 FFF. T TO A POINT OF 'I'ANGENCY; TI IF. NCE SOUTI I 10°37'09" EAST FOR A DISTANCE OF 227.22 FEET TO A POINT OF C URVA'I'UI~E; T! lEI'ICE SOUTI {ERLY ALONG SAID CURVE, CONCAVE WESTEIU..Y, HAVING A I~,AI)IUS OF 482.00 FEET, A CENTRAL ANGLE OF 07°3Y03" FOR. AN ARC DISTANCE O1t 63.52 FEi'YI' TO A POINT Glt TANGL;NCY; TI IF. NCF. SOUTI 1 03 °04'06" EAST FOR A DIS:TANCE OF 391.88 FEET TO A POINT OF CI/RVATUI{.E; TI II£NCF. SOUTI IERLY ALONG SAID CURVE, CONCAVE WESTERLY, IIAVING A RADIU:~ OF 300.00 FEi£T, A CF. NTRAL ANGI.E OF 37°46'42' FOR AN ARC DISTANCE OF 197.81 i:EL:T TO A POINT OF REVERSI.~ CURVATUI~; TI IL:NCF. SOU'I'I IWESTERLY ALONG gall) CURVE, CONCAVE SOUTIIEASTERLY, I IAVING A RADIUS OF ,I 10.00 FEET, A CI~blTILAL ANGLE OF 14°58'30' FOR AN A~gC DISTANCE OF 107.16 FEET TO A POINT OF REVERSE CURVATURE; TI II';NCE SOU'FI IERLY ALONG SAID CUP, VE, CONCAVE NORTIIWESTERLY, IIAVING A RAI}IUS OF 500.00 FEET, A CENTRAL ANGLE OF 27°$9'4~' FOR AN ARC DIS'lANCE OF 2,14.31 FI';ET TO A POINT OF REVERSE CURVATURE; TI IF. NCE SOUTi IWESTERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTERLY, I IAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 49',14'21' FOR AN ARC I)ISTANCE OF 138.90 FEET 'FO A POINT OF COMPOUND CURVATURIi; Tt II~N(:F. S()tJ'I'! IERI.Y ALONG SAIl) CUI',VE, CONCAVE EASTEIU..Y, IIAVING A I:AI )IIJS OF 1200.00 FEI'~'I', tx. CEN'I I{AL ANGLE OF 04°55'23" FOR AN ARC DISTANCE I.L¥111BIT A OF 10J, I I FEET TO A I'OINT OF COMi'OUND CUIIVAI'UItE; 'i 11F. NCF. SOUTi IL~RIoY ALONG SAID CURVE, CONCAVE EASTERLY, I lAVING A II, ADIIJS OF 300.00 FF.F.T, A CEN'I'RAL ANGLE OF 18'47'54" FOR AN ARC DISTANCE OF 98.,13 FEI';T TO A POINT OF TAN(;ENCY; 'il II!NCC SOUTII 25 °,t3',i7" EAST I"OR A DISTANCE OF 316.55 FEET TO A POINT OF CUII.VATtJRE; , TI IENCIi SOUTI IEASTFII.LY ALONG SAID CURVE, CONCAVE WESTERLY, llAVING A RADI US OF 2,10.00 FF. ET, A CEN'l'll.t~.l, ANGLE OF 22'38'52" FOil. AN ARC DISTANCI': OF 9.1.87 Fi:F.T TO A POINT OF TANGI.'~NCY; TI IFNCE SOUTI 1 03 °0,I'55" F-AST FOil, A DISTANCE OF 166. 18 FEET TO A POINT OF CUll.VATUi~F.; TI IF. NCF. S( IU'I'I IF. It, I.Y AI.ONG SAIl) CURVE, CONCAVE EASTEll.LY, I lAVING A II.ADIUS OF 300.00 FIlET, A CENTRAl° ANGLE OF 10'47'4,1" FOR AN ARC DISTANCE OF 56.5 ] FI!F.T TO A POINT OF RF. VI£RSE t ~UIt, VA'rURE; T! IF. NCI:. S()lJ'l'l IEll.l.¥ AI.ONG SAIl) CURVE, CONCAVE WESTERLY, I lAVING A RADIUS OF 580.00 FliF. T, A CENTII.AL AN(;I.E OF 10'06'52" FOR AN ARC DISTANCE OF 1o2.19 FI J:;l' 'l'O A POINT OF TAHGF. NCY; TI IF. NCC SOUTII 03 °,15',17" EAST FOE A DI:JTANCE OF 369.01 FEET TO A l'OINT OF C [ I R VA'I' L/I~ TI IhNCI:. S()IJ'I'I IF. EI.Y AI.ONG SAIl) CUll.VE, CONCAVE NOIr, TI IWF. S'I'EII.LY, I lAVING A RAI)II.IS OF ,17.70 FF. ET, A CENTRAl° ANGLE OF 90'00'00" FOR AN AEC DISTANCE OF 7.102 Fi!I;.T TO A I'OINT OF TANGENCY; 1'111:.NCE SOIJ'I'I 1 86° 1,1'13" WEST I;OR A DISTANCE OF 412.82 FEET; TI II';NCF. SOUTII 03°05'09' EAST FOR A DISTANCE OF 60.00 FI';ET TO A POINT OF CU It, VA'I'tJIH !; TI II'.'NCF. SOl ITl iI'.'RI.Y ALONG SAID CURVE, CONCAVE NOII.TllEII.LY, IIAVING A ItADII IS OF 60.00 FEL:T, A CENTRAL ANGLE OF 162'53'] I" FOR AN ARC DISTANCE ¢)I: 170 58 FF.F.T TO A POINT OF REVERSE CURVATURE; 1'111'~N¢:F. Nr)I~.'I'I IERI.¥ AI.ONG SAID CUll.VE, CONCAVE SOUTI IEASIEll.LY, I lAVING A ItAI)IUS OF 25.00 FEF-T, A CENTll.AL ANGLE OF 72°53'38" FOil. AN ARC DISTANCE OF 31.81 FF.F.T TO A I'OINT OF TANGF. NCY; '1 l IENCF. N{)IVI'I! 86° 1,1'13" EAST FOil. A DISTANCE OF 272.28 FEET TO A POINT OF (~l/l~VA'l'lJJtli; '1111.;NCF. EAS'FF. II.LY AI.ONG SAlt) CUP, VI:., CONCAVE NORTI IWESTERLY, I lAVING A It. AI)IUS OF 107.70 FEET, A CEN'i'R/,I, ',N~.ILE OF 90°00'00" FOil. AN ARC DISTANCE ()F 169.17 Fl~l['l' TO A POINT OF 'I'ANG.~NCY; T! IF.N('I~ N()lt'l'l I 030,15',17" WEST FOF A DISTANCE OF 369.01 FEET TO A POINT OF CLJIL VATLJItF.; TI IENCF. NORTI IERI.Y AI,ONG SAID t URGE, CONCAVE WESTERLY, llAVING A RAI)IIIS OF 6,10.00 FEF. T, A CF. NTRAI. ANGLE OF 10°06'52' FOR AN ARC DISTANCE ¢~1: 112.98 FI..'l.Yr TO A POINT OF REVI :tSE CURVATURE; 'Il IEN('F. NOI['I'ilERLY ALONG SAID t UII.VE, CONCAVE EASTERLY, IlAVING A ItAl>lll$ OF 2,10 O0 FEET, A CENI'RAL ANGLE OF 10'47'44" FOR AN ARC DISTANCE OF,15 22 FEET TO A POINT OFTANGI NCY; 'l'l II~NCF. NOlt'l I 1 03 °0,1'55" WEST FOR A DISTANCE OF 166.18 FEET; TO A POINT OF E,¥11IBIT A C UI~ VA'I'I Jill:.; TI II:.NCI.~ NORT! IEI(I.Y Al.CNG SAID CURVI:', CONCAVE WESTERLY, I IAVING A KAI)IUS OF 300.00 FEET, A CENTRAL ANGLE OF 11°5 !'10' 1:O1~. AN ARC DISTANCE OF 62.06 I;I.:E'i' TO A POINT OF REVERSE CUI/,VATURE; TI II,MCI.! NOI~'I'I IERLY Al.CNG SAIl) CUI~VE, CONCAVF. SOUTI IEASTI,.'RLY, i lAVING A RADIUS OF 25.00 FEET, A CEN'I'RAI. ANGLE OF 88'39'51" FOR AN ARC I)ISTANC~ OF 38.69 FI~ET TO A POINT OF 'I'AN(iENCY; TI IENCE NC)lC'I'll 73 %1Y,16" EAST FCIC A D IgTANCE OF 2'/,1.18 FEET TO A POINT OF CtJI~VA'I'UI~E; Ti IENCE EASTEItLY ALONG SAID CUI~VE, CONCAVE SOU'I'IlERLY, IIAVING A RAI)IUS OF 500.00 FEET, A CENTRAL ANGLE OF 32'53'47" FOR AN ARC DISTANCE OF 28708 FEET TO A POINT OF TANGliNCY; Ti IENCE SOUTIi 73'22'27" EAST FOR A DISTANC~ OF 19.25 FEET; TI IENCE NORTII 39'58'30'' EAST FOlt A DISTANC~ OF 65.35 FEET; 'Il IliNCE NORTI! 73~22'27'' WEST l:Oi~ A DISTANCE OF 45.15 FEET TO A POINT Of CUKVATUItli; TI IENCE WESTERLY AI.ON~ SAID CUKVE, CONCAVE SOUTIIERLY, IIAVING A KADIUS OF 560.00 FEET, A CENTI~AL ANGLE OF 32'53'47" FOR AN ARC DISTANCE OF 321.53 FEET TO A POINT OF TANGENCY; 'i'i IENCE SOUTI 1 73~4Y46'' WEST FOit A DISTANCE OF 286.68 FEET TO A I'OINT OF C IJi~VATtJI~ E; TI IENCE WESTERI.Y ALONG SAIl) CURVE, CONCAVE NORTI IEASTERLY, I lAVING A RAi)IIJS OF 25.00 FEET, A CENTRAL ~;LE OF 80'32'26" FOR ~ ARC DISTANCE OF 15. I,l FIiET TO A POINT OF TANGENCY; TI IENCE NOWl'il 25'4Y47" WEST FOR A DISTANCE OF 266.87 FEET TO A POINT OF CUIIVA'I'UItE; TI IENCE NORT! IWESTEItLY ALONG SAID CUi~VE, CONCAVE EASTERLY, 1 lAVING A ItAl)ll~S OF 2,10.00 FEET, A CENTRAL ANGLE OF 18'47'54~ FOR AN ARC DIST~CE OF 78.7.1 Fl'liT TO A I'OINT OF COMPOUND CURVATURE; TI IENCE NOIUI'I IERI.Y ALONG SAID CURVE, CONCAVE EASTERLY, I lAVING A RAI)IUS OF ! 1,10.00 I:EE'I', A CEN'I'ItAI. ANGLE OF 04'55'2Y' FOIt AN ARC DISTANCE OF 97.95 FliET TO A POINT OF COMPOIJND CUI~VATURE; TI IENCE NORT! IERLY ALONG SAID CUItVE, CONCAV~ SOU'EI IEASTEI~Y, I lAVING A RADIUS OF 100.00 FEET, A CIiNTRAL ANGLE OF 49'4,t'21' FOR AN ARC DISTANCE ()F 86.81 FEET TO A POINT OF itEVEltS[i CURVATURe; TI IENCI! NORTI IEASTERLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, I lAVING A KAI)IUS OF 560.00 FEET, A CEN'I'I~L ANGLE OF 27'59',14~ FOR AN ARC IIIS'I'ANCE OF 273.63 FEET TO A POINT OF I~VERSE CURVATURE; 'I I IENCE NORTI IERLY AI.ONG SAID CURVE, CONCAVE EASTERLY, IIAVING A I~AI)IUS OF 350.00 FEET, A CENTRAL ANGLE OF 04'06'01' FOR AN AR~ DISTANCE ()1:25.05 l:liET TO A POINT OF INTERSEC'I'ION WITll A NON-TANGENT LINE; TI IENCE NORTil 86'54'33" EAST FOR A DISTANCE OF ! 15.~3 FEET; Ti IENCE NOWI'! 1 03'05'27" WEST FOIt A I)ISTANCE OF I ~98.20 FEET TO TI IE POINT f)l: BI!GINNING; EXItlBIT i1 CONTAliqlHG 6.850 ACRI.:S OF LAND, MORE OR LESS. SUIIJFCT TO EASEMENTS AND IIESTRICFIONS OF I~.ECORD. AGNOI.I, IIARIIEP, & IIRUNDAGE, INC. iq~.OFESSIONAI. ENGINEERS, PI,ANNi]RS AND LAND SURVEYORS IIY RICI lARD L. SI II.:lq IAI~,D ~ ' I..I,.S. NO. 247,1 DATi'.' I~,EF.; Al.Ill DWG. FII,F- NO. 5783 12-,1,15Y6.DES 4 EXIIIBIT A BON ESS INC. P.O. Box 9140 Naples. Florida 34101 (941) 597-6221 "~ CHANGE ORDER [-1 BACKCHARGE Number PHONE DATE ,JOB NAMF. JLOCATION ,JOB NUMBER CON-i-i;~CT DATE We hereby agree to perform the work specified below; LABOR, MATERIALS, EQUIPMENT RENTAL WORK PERFORMED QTY. UNIT RATE EXT. OH~E O~OE~ - This Ohang~ Order ~oom~ p~ of ~n~ in conformance with ~e existing con- tra~. All work to be pedormed under ~ame term~ and condition~ a~ specified in odginal contract unless othe~ise stipulated. OrIginal Oontract ~ Total Pr~. Oh~ng~ Amt. of thl~ Oh~ng~ N~w Total to Accepted - The above prices and specifications are satisfactory and are hereby accepted. REQUESTED & APPROVED Coml~any PROVIDED 8Y BONNES,S INC. ! _! i Jn${r"Jc{iorts orr rea erse side) No, _ I OWNER's Project No. ENGINEER: _~...../C ,,',,",~,,~x'.~' ENGINEER's Project You arc directed to make the following changc,i in the Comtac! Documcms. i i .-Mtachmcnt~.: f List documcnp~ ~,upporlmG change) '2 CH^NGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ()ngmal Coniruc! Pncc On$inal CofllraCl Time ' s ~2 s-, .3=¢ ~ '1 d Contr'act P'ncc prior Io this Change Order Contrac: Time Prior to thJs Change Order _ s. "~-,) ~-3'9 Net ecrcasc) of this Change Order Net Increase (decrease) of this Change Order '' s ~ 5~~/ Contract Pncc with zll approved Change Orders Contract Time with all approved Change Orders // s ~j ;--? ~) ~/'2 .., by/,_. . EJCDC .No. 1910-8-B 1198.1 Edmon) i~). ~ox 9140 Naples. I~lorlda 34 !0 I (94 I) 597-62~ ! PROPOSAL July 22, 1997 SUBMITTED TO: Heritage Greens Community Development District 10300 N.W. Eleventh Manor Coral Springs, Florida 34109 PHONE: PROJECT LO~ATION: Change Order #10, Street Crossings & FPL Pole Line & Easements PLANS AND SPECIFICATIONS: PROPOSED wORX: OTY UNrT 1. 2" Conduit instalation (6 ea. conduits) concrete cover (encase) under canal incl. blasting & rock excavation I LS 2. Trench excavation & Installation 10,706 LF 3. FPL (2") material supplied by others 7,291 LF 4. UTS (2") material supplied by others 6,164 LF 5. UTS (4") material supplied by others 1,240 LF 6. 3" PVC water, materials supplied by Bonness 3,845 LF 7. Water location markers, materials supplied by Bonness 80 EA 8. 4" PVC (General) materials supplied by Bonness 2,900 LF 9. 6" PVC (General) materials supplied by Bonness 260 LF 10. 2" PVC (General) materials supplied by Bonness 140 LF 11. Sewer location markers, materials supplied by Bonness 80 EA 12. Survey for street crossings i LS 13. Survey for FPL pole line & easements I LS 14. Survey for front lot corners FPL/UTS & cable Phase 1-A i LS 15. Survey for front lot corners (same) Phase 1-B i LS 16. Survey for front lot corners (same) Phase 2 i LS 3,146.00 3,146.00 2.75 29,441.50 N/C 0.00 N/C 0.00 N/C 0.00 · 99 3,806.55 11.00 880.00 1.32 3,828.00 2.42 629.20 · 83 116.20 11.00 880.00 2,288.00 2,288.00 572.00 572.00 858.00 858.00 858.00 858.00 2,002.00 2,002.00 'J'htu tr.,trum(~n! wa~3 prepflru(! W~.irJlOuL I)en~.,tit nt Tit le ExaminaLton Legal Opinion by and ahould I{. }~ItlUU And,~ruor~, Yc, ung, van Au~,~nderp & Varnadoe, I'.A. Ila[,]e~], I*'[~ ida BILL OF SALE Tills B[[,[, OF SAI,E evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this day of __z~L)j~$~- , 1997, by HERITAGE GREENS ' COMMUNITY DEVELOPMENT DISTRICT, an independent special district e$1ta})~ j shed [)ursua~it to Chapter 190, Florida Statutes, its successors and assigns, (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Do] lars ($]0.00) and other good and valuable consideration to said Seller i~ hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and sewer utility facilities lying within the following described land, t~gether with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: {See Exhibit "A" attached hereto and incorporated by reference herein). The Seller, for itself and its successors, hereby covenants to and with ~]~ Buy,~r and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all -1 of 2- liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and }{uy~' are used for singular or plural, as the context requires. IN WIT'NE.q.~ WHEREOF, SELLER has caused these presents to be executed the date and year first above written. HERITAGE GREENS COMMUNITY ATTEST: ~,__ [ ~2 l~ · District Manager -2 of 2- I.AND I)iiS(:EIP I'ION OF I~OAD IUGI IT-OF-WAY LYING Wi'FIIIN PI IASF. I.A A PAIt`CI'~I, OF I.ANI) I.YING IN SI':C'I'ION 28, 'FOWNSIIIP 4ii SOU'i'II, RANGE 26 F. AS F, COI.I.IF.R COUNTY, FI.OIt`il.)A, SAIl) i~ARCEL OF LAND BEING MORE I'/dCI'ICUI.ARLY DESCILILIED AS I:OI.LO\VS: COMMENCING AT Ti IE NORTI lEAST COlt, NEll. OF SAID SECTION 28; TIIENCE SOUTI I 03 °05'15" EAST ALONG TI IE EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCL: OF 100.08 FEET 'FO AN INTEI~,SECTION WITll 'l'l tE SOU'I'III'~RLY RIG! FI'-OF WAY LINE OF IMMOKALEE ROAD (C.K. 1146); TIIENCE SOUTII 89' 10'00' WEST ALONG SAID SOUTIIERLY LINF. FOIl. A DISTANCE OF 1951.39 FEET TO TIIE I'OINT OF LIEGINNING OF TIlE III~It. EIN DESCRIIIED PARCEL OF LAND; '11 IF. NCF. SOUTI ! 89° 10'00" WEST CONTINUING ALONG SAID SOUTIlERLY LINE FOR A I)ISTANCE OF 130.88 FEET; '111F. NCF. SOUTll 03 °0,1'06~ EAST FI)lt. A DISTANCE OF 180.39 FEET TO A POIN'r OF CURVATtJIL[.;. TI IENCE SOUTI IEP, LY ALONG SAID CURVE, CONCAVE EASTERLY, IIAVING A RADIUS OF 2,13.95 FEET, A CENTIt, AL ANGLE OF 111"24~7' FOR AN ARC DISTANCE OF 711.38 FEET TO A I'OINT OF REVERSE CUI~,VATURE; TI IF. NCI:. SO UTI IEIt`LY ALONG SAID CURVE, CONCAVE WESTERLY, I lAVING A RADIUS OF ,182.00 FEET, A CEN'I'II. AL ANGLE OF 10°51'24' FOR AN ARC DISTANCE OF 91.33 FEF. T TO A I'OINT OF TANGENCY; TI IF. NCC SOUI'I 1 10°37'09' EAST FOl~. A DISTANCE OF 227.22 FEET TO A POINT OF CtJRVATURE; TI IENCE SOUTI IERLY ALONG SAID CUII. VE, CONCAVE WESTERLY, IIAVING A ILADIUS OF ,182.00 FEET, A CENTP, AL ANGLE OF 07"33'03' FOIL AN ARC DISTANCE OF 63.52 FL:ET TO A POINT OF TANGENCY; Ti fl.;NCC SOU'FI 1 03 °04'06~ EAST FOR A DIS:TANCE OF 391.88 FEET TO A POINT OF CUI~.VATUII. E; TI I I:.NCl~ SOU'F! IERLY ALONG SAID CURVE, CONCAVE WES'I'EIUu. Y, ItAVING A Ib~,I)IUS OF ]t~O.O0 FEET, A CENTRAL ANGLE OF 37'46'42" FOIl. AN ARC DISTANCE ¢~I: 197 811 FL:E'F TO A POINT OF I~,EVEESI..; CURVATURE; '111ENCli SOUI'iiWES'I'F. It`LY AI.ONG SAIl) CURVE, CONCAVE SOUTI1EASTERLY, I IAVING A IU~,DIUS OF ,I 10.00 FEET, A CI~f'ITKAL ANGLE OF 14'58'30' FOR AN A~C DISTANCE OF 107.16 FEET TO A POINT OF REVERSE CURVATURE; 'l I IF. NCF. SOUI'I IERLY ALONG SAID CURVE, CONCAVE NORTIIWESTERLY, IIAVING A I~:Al)liJS OF 500.00 FEET, A CENTRAL ANGLE OF 27'59'45" FOP, AN ARC DISTANCE OF 2.1,1.31 FEET TO A POINT OF EEVEI*,Stt. CURVATURE; T! IENCE SOU'FI IWESTERLY ALONG StXlD CURVE, CONCAVE SOUTIIEASTERLY, I IAVING A RADIUS OF 160.00 FEI,:T, A CENTILfiJ., ANGLE OF 49'44'21# FOR AN ARC DISTAHCF. OF 131t.90 FEI,=F 'FO A POINT OF COMPOUND CURVATURii; TI IF. NCI.'. SOI J'H IF. RI.Y AI.ONG SAIl) CURVE, CONCAVE EASTERLY, I lAVING A Ib\I)IUS OF 1200.00 I:EET. A CEN'I'II, AL ANGLE OF 04'55'23" FOR AN ARC DISTANCE EXIilillT A CH' 10J, I I I;EET '1'O A POINT OF COMPOUND CURVATURE; 'l ] IENCE SO(fi'! H]RLY ALONG SA~D CORVI], CONCAVH HASTERLY, ~AVING A I~ADIIJS OF 300.00 FEET, A CENTRAL ANGI,~ OF 18'47'54" FOR AN ARC DISTANCE ()1:98.13 I:EI~T TO A POINT OF 'I'AN(/ENCY; 'l I fENCE SOUTI f 25%U'.17' EAST FOR A DISTANCE OF 316.55 FEET TO A POINT OF CIJR VA'I'URE, TI IENCE SOUT! IEAS'I'ERLY ALONG SAID RADIUS OF 2.10.00 FEET, A CEN'I'i~L ANOL~ OF 22']~'S2" FOR AN ARC DISTANCE OF 9,157 FE~T TO A i'OINT OF TI IENCE SOUTII 0~'04'SS" EAST FOR A DISTANCE OF 166.1~ F~ET TO A pOINT OF CUR VA'I'URE, TI IENCE SOU'I'i IERLY ALONG SAID RAI)IUS OF JO0.O0 FEET, A CENTRAl, ANGLE OF 10'47',14" FOR ~ ARC DISTANCE OF Sfi.5~ FEinT 1'O A POINT OF REVERSE ~URVATURE; '1'111~NCE SOU'I'I IERI.Y ALONG SAID CURV~, CONCAV~ RADIIJS OF S80.00 FEET, A CENTRAL ANGLE OF 10'06'S2" FOR AN ARC DIS'i'ANC~ OF 102 .~9 FI~ET TO A POINT OF 'I'ANG~NC~; TI IE~ICE SOU 1'11 0]',IS',17" EAST FOR CUI~VATUI{E, 1'11ENCE SOU !'11ERI.Y AI.ON(] SAID CURVE, CONCAVE NORT! IWES'I'ERLY, I IAVINO A RAI H IJS OF .1730 FI~ET, A CENTRAl. ANGI.~ OF 90'00'00" FOR AN ARC DISTANCE (Jl: 7,1 02 FEI:'I TO A POINT OF TI IEHCE SOU'I'I 1 ~6' 1,1'1]" WEST FOR A DISTANCE OF 412.~2 FEET; TI IENCE SOUI'II 03'0S'09' EAST FOR A DISTANCE OF 60.00 FEET TO A POINT OF CUI(VATURE; TI IENCE SOUl'! IERLY ALONG SAID CURVE, CONCAVE NORTIIE~Y, IIAVING RADIUS OF 60.00 FEET, A CENT~L ~GLE OF 16~'S~'~ I" FOR ~ ARC DISTANCE OF 170.S8 FEET TO A POINT OF REVEl(SE CURVATURE; '111ENCE NORTI IERLY ALONG SAID CURVff, CONCAVE SOUTI~AST~Y, 1 ~VING A RADIUS OF 2S,00 FEET, A CENT~L ~OLE OF 72'S~'~' FOR AN ARC DISTANC~ OF 3 I.~ I FEET TO A POINT OF TI IENCE NOR]'! I 8fi' 1,1'1 ~" EAST FOR A DIST~CE OF 272.2~ F~ET TO A POINT OF '11 IENCE EASTERLY ALONG SAIl) I(AI HUS OF 107.70 FEET, A CENTRAl. ',NGL~ OF gO'~'00' FOR AN ARC DISTANCE OF 169 17 FEinT TO A POINT OF TI IEH('E NOR'FI 1 0]',IS',17" WEST FOr A I CI ;It VA'I URE; TI IENCH NORTI IERI.Y ALONG SAID RADIUS OF 6,10 O0 FEET, A CENT~I. ANGLE OF I0'~'52" FOR ~ ARC DISTANCE OF I 12.95 FEET TO A POINT OF REVI' :~SE CURVATU~; 'ri IENCE NORTI IERLY ALONG SAID t UKVE, CONCAVE EASTERLY, IIAVING A RAI)IIJS OF 2,10 00 FEET, A CENTRAl. ANGLE OF 10'4T44" FOR AN ARC DIST~CE (}1: .IS 22 I:1~1{'1' TO A POINT OF TAN(;I NCY; 'I] IENUE NOR rll o3'o,t'~" WEST FOR A DISTANCE OF 166.18 FEET; TO A POINT OF EXIIIBIT A Heritage Greens Community Development District Series 1997 gDeclal Assesement Bond.,~ Water Distribution, Sewer Collection Roadway and Drainaoe Construction Projects Overall Budget 16Gl'"' Year to Date Amounts PaidlRec'd by Variance Bond Funds Fa',,. - (Unfav.) Sanitary Sewer Phase lA Lift Stations Sewer Lateral Modifications Force Ma~n Locate & Test Pump Down Sewer System Waterline & Conduits Phase lA Install Conduits Install Addtl FP&L Conduits 2" Jumper Meter Assembly Asbu~lt Waterhne Appurtenances Chlorinate & Perform Tie-In Pour Valve Pads & Hydrant Breakaways Replace Inlet Top Rework Base & Pdme 3/4 Asphalt (1 st lift) 314 Asl=halt (2nd lift) Density Tests Final Grade ROW. Bahia Sod Hydroseed Sanitary Phases lB & 2 Lift Station Complete PVC Sewer Line- Surface PVC Sewer Line- 0' - 6' PVC Sewer Line- 6' - 8' Sanitary Manhole. 0' - 6' Sanitary Manhole- 6' - 8' Sanitary Manhole- 8' - 10' Sanitary Manhole- 10'- 12' 6" PVC Sewer Service 4" PVC Force Ma~n 6" PVC Force Main 8" PVC Force Mare 6" Plug Valve Blasting & Rock Excavation 8" PVC Sewer $53,040.51 545,349.64 ,57,690.87 54,161 60 S3,745.44 $416.16 $1.63200 S1,468.80 $163 20 58.85360 S7,968 24 $885.36 S12,316.50 S11,084.85 51,231.65 58,835.7'5 S7,952.17 $883 58 53,060 00 $2,754 00 530600 S1,632.00 $1,46880 $163.20 52,346.00 5000 S2,346.00 $1.530.00 51,377.00 S153 00 S550 00 S495.00 55500 $18,06000 S16,254.00 $1,806.00 S18,78240 S16,904.16 S1.878.24 S22,394 40 SO 00 522.39440 S261 00 S234,90 S26.10 S3.000 00 $2,700.00 $300.00 S5,720 00 S0.00 S5,720.00 52,816.10 50.00 52,816.10 S148.410 00 S73.46295 574,947.05 560,804,94 $54,902.83 55,902.11 527,97860 525,180,74 S2,797,86 S17,136.00 S15,42240 $1,71360 S12,852.00 $11,566,80 $1,285.20 57,344.00 $6,609.60 S734.40 S9,792.00 $8,812.80 $979.20 55,508 00 $4,957.20 5550.80 $83,38704 546,509.55 S36,877.49 S22,001.40 $6,361,74 S15,639 66 S642.60 $38556 5257.04 54,207.50 $3,786.75 S420.75 S714.00 $642.60 S71 40 S 12,737.76 S11,463.98 51,273,78 S5.304.00 54,773.60 5530 40 Heritage Greens Community Development District -qeHes 1997 -¢tDeclal Assessment Bonds Water Distribution, Sewer Collection Roadway and Drainage- continued Construction Projects Overall Budget Year to Date Amounts Paid/Rec'd by Variance Bond Funds Fay. - (Unfav.) Water Phases lB & :2 10" Waterline 8" Waterline 6" Waterline 6" Waterline 10" Gate Valve Box 8" Gate Valve Box 6" Gate Valve Box Fire Hydrant Assembly Temp Bacti Sample Perm Bacti Sample 3' PVC Water Conduits Clubhouse Service Stub Drainage Phases lB & 2 15" RCP 18" RCP 24" RCP 30" RCP 36" RCP 14 x 23 ERCP 24 x 38 ERCP Storm Manholes Type A Inlet Gutter Inlets Type C Inlets Blasting/Rock Excavation 12" Stabilized Subgrade 2" Valley Gutter Throat Inlet Top 4' Wide Sidewalk Type A Curb 6" Limerock Base 3~4" Asphait (1st lift) 3/4" Asphalt (2nd lift) Density Tests Final Grade R.O.W. Signage & Striping Bahia Sod Hydroseed Performance Bond $9,82880 $8,665,92 $1,162.88 $46,308.00 $0.00 $46,308.00 $35,955.00 $17,625.60 $18,329.40 $2,662.20 $1,321.92 $1,340.28 $816.00 $734.40 $81.60 $4.692.00 $527 90 $4,164.10 $5,967 00 $2,478.60 $3,488.40 $47,736.00 $13,219.20 S34,51680 S2,49900 S0.00 S2.499.00 $1,989 00 S0.00 S1,989.00 $15,279.60 $0.00 S15.279 60 $46300 S125.01 $337.99 $4.781.76 $6,70548 S57,405.80 551,408.00 $12,053.34 $695,64 52,423.52 514,535.00 $17,952.00 $5,202.00 5714.00 $11,277.12 S23,973.75 $64 856.00 $10 704.00 $42.383.25 S3.150.10 $89 747.00 $40 00152 $47 694.12 S1 800.00 S5.800.00 $5 828.00 $12 330.50 $6 070.50 $13 016.30 $3,143,24 $1,395.36 $30,888,86 $41,655.17 $6,014.74 S626.08 $19829 S3,488.40 $12,484.80 $4,681,80 $0.00 $8,937.65 $0.00 $0.00 $0.00 $0.00 S0.00 $0,00 $0.00 S0,00 $0.00 $0.00 $0.00 $0.00 S0.00 $11,714.70 S1,638.52 S5,310.12 S26,516.94 S9,752.83 56,03860 $69.56 S2,225 23 $11,046.60 S5,467.20 S520.20 S714.00 S2 339.47 $23 973.75 S64 856.00 $10 704.00 S42 383.25 S3 150.10 $89 747.00 $40 001.52 $47 694.12 $1 800.00 $5 800.00 $5 828.00 $12 330.50 56 070.50 $1,301.60 Heritage Greens Community Development District Series 1997 goeclal Assessment Bond- Change Order #1 Fill to Residential Areas Change Order #2 Modifications to Sanitary Collection Change Order #3 Residential Portion of Shared Drainage Surveys Drainage Canal on East Property Line Omit 4' Wide Sidewalk Change Order #7 Adjust Bond Costs Change Order #8 Drainage Modifications at Lake # 11 Construction Year to Projects Date Amounts Overall Paid/Rec'd by Variance Bud~iet Bond Funds Fay. - (Unfav.) 5825,000.00 S245,025.00 $579,975,00 (S7,857.12) ($7,071.41) (S785.71) $43,043.70 $23,243.60 $19,800.10 $39,249.00 S19,428.25 $19,820.75 S39,945.00 $29,47941 $10,465.59 ($42,383.25) $0.00 ($42,383.25) $8,970.00 $8,073.00 $897.00 S 14,928.14 $0.00 $14,928.14 S22,595.56 (522,595.56) total water distrib/sewer coll. $2,235,411,47 $905.297.15 $1,330,114.32 ' $742,414.30 $0.00 $742,414.30 total construction costs $4.407.500.00 $2,334,971.38 S2,072,528.62 total costs overall $6,000,000.00 S3,924,471.38 S2,075,52862 II ~ available remaining funds S0.00 $2,169,647.90 ($2,169,647.90) Balance of Trust Account-~ Construction Account Construction Reserve Account total $1,923,394.90 $246,253,00 $2,169,647,90 _1~pROJEC-r; ~'~'~' ~'~,e,, O~TEO~ CONT~OR: ~~~ ~ ~ . OWNER's ~ojcc~ No. ~~Sj ~C. ~/~ ENGINEER: CONT~ FOR: ~ ~ .... ~ ,, You ar~ dirccled Io make thc f~lluwtflg chan&c~ in t~ C~I~I ~umenls. Purr~¢ or Ch-,ngc Order: .-~ll;~¢hrncnl,~: ( List ducumenls ,~uppor~mg change) CHANGE IN CONTRACT PRICE: Cuncruc! Price Prcv,ous Change Orders No _t/ to No. Concoct ]>ncc prior lo Ibis Change Order Nc~ccrcasc) of chts Change Order CHANGE IN CONTRACT TIME: Original Contract Time Net change from previous Change Orders Contract Time Prior co this Change Order Net Increase (decrease} of this Change Order Con:race l:~ce wilh all approved Change Orders Contract Time with all approved Change Orders s ~1 '~- ~_.o) ~/~-/ ~ ~ ,., //,/~~ ~ ~ ~CDC No. 1910-8. B ~I~S~ Edstson) ............ , ~ n,i n I I IIIIIIIII IIIII- ' III I I IIIII I II I III IIII I I I IIIII II I L. tt,4,.IL~g, L~I~UI:,K ~.,j.J.q.~,~tsOflS on reverse Slde~ DATE OF ISSUANCE: You :,re directed Io make thc following changes in the Contract Documents. Attachments: (List ducumcnt,~ ,upl~)rling change) CHANGE IN CONTRACT PRICE: ()ne:mai Contract Pr:ce s /, ~/"/. ~'/y' ~ Previous Change Orders No. // to No. 7 Contract P'nce prior [o this Change Order N~'~decrcascl of [h)s Chanle Order s, 92.? Contract Price with all approved Change Orders RECOM. EN ED: F-JCDC No. 1910-8-B ( 198.1 Edition) CHANGE IN CONTRACT TIME: On~inal Contract Time Net change from previous Change Orders Contract Time Prior to this Change Order Ncr Increase (decrease) of this Change Order Contract Time with all approved Change Orders APPROVED:! - ' J APPROVED. BONN£SS INC. P.O. Box 9140 Naplu. Florida 34101 ,:941) 597-6221 I"I WORK ORDER '"~ CHANGE ORDER [] BACKCHARGE Number ~ We hereby agree to perform the work specified below; LABOR, MATERIALS, EQUIPMENT RENTAL &/or WORK PERFORMED QTY. UNIT RATE EXT. ~__'.,,...-~ ./~ " ~c,/." /2..~ 4~' I ~ ~ .~ ~ ~ ./~ "//~~.4// / ~ ~ vx-~ CHANGE ORDER - This Change Order becomes part of and in conformance with the existing con. tract. All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated. Original Contract Total Prev. Changes Amt. of this Chang.e. New Total to Date Accepted. The above prices and specifications are satisfactory and am hereby accepted. REQUESTED & APPROVED Company PROVIDED E~Y BONNESS INC. CHANG£ ORD£R I I ~In.rv..:,ons on rc~ers~ s,de; DATE OF ISSUANCE: .*.[lachmcms: cgisl ducumcnt~ ,uppurling change) CHANGE IN CONTRACT PRICE: ()hemal Cunlruct Price .~ Previous Change Orders No, lO NO. ,, Con(r~ct Pncc prior co chis Change Order No--crease) of ch,s Change Order Contract Price with aJI approved Change Orders s, 2) 2 CHANGE IN CONTRACT TIME: Ongln~l Cuntr-,ct Time Ncr change from previous Change Orders Conlra¢l Time Prior to chis Change Order Net Increase (decrease) of this Change Order Contract Time with all ap~n'oved Change Ordcm EJCDC No. 1910-8-B t 198.~ Edmon! I~c~rcd ~ the Eal~nee~ lemt Cm~trKt C)~:umca,s Commmee aaa d .'~ The 4,~tr~ed Ge~ee~ C~.x~.,~ .,t 4menca You are directed lo make Ibc fullowing changes in Ihe Conlract Documents. August 19, 1997 sums involved with Bonness are, we have applied a consistent percentage ratio as to the method we used to allocate the earthwork in the first place for the purposes of wrapping up our paperwork, getting our change orders done, running up our totals so that we can do our comparisons and finalize this and what I would like is a motion authorizing me to enter into a change order to allocate these rip rap and sod costs consistent with the Engineer's prior analysis generally discussed here so that we can move this forward. Do I have such a motion? IOn MOTION by Mr. Bailey seconded by Mr. Reinders[I with all in favor Change Order No. 11 was approved and ]] the Chairman was authorized to execute same. II SIXTH ORDER OF BUSINESS Consideration of Funding Request No. 7 Mr. Reinders asked are there any questions on Funding Request No. 7 in the amount of $4,085.90 being $560.31 Legal, our standard August fee to Moyer, P.A. of $3,448.49 and fax and publication fees? liOn MOTION by Mr. Klass seconded by Mr. Bailey withi all in favor Funding Request No. 7 in the amount ofl[ $4.085.90 was approved . ~ Mr. Reinders asked is there anything else from the Manager? Mr. Ward replied no. Mr. Reinders stated if there is nothing further, I will entertain a motion to adjourn. liOn MOTION by Mr. Bailey seconded by Mr. Klass withl[ all in favor the meetin~ was adjourned at 9:50 A.M. Secretary ~J~mes ReiKders Chairman AGENDA ~A~ ~;REE~S COMI~UNTI~ DEVELO~ DISm/CT Tuesday August 19, 1997 9:00 A.M. Continued from Monday August 18, 1997 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call 2. Approval of the Minutes of the July 30, 1997 Meeting Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Consideration of Funding Requests 7 7. Other Business 8. Adjournment RESOLUTION 97.9 A ~LUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1997. Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 18th day of August, 1997, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISOHS OF THE HEHITAGE GREENS CO~fiHUI~TrY DEVELOPMENT DISTRICT; 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1997-98. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 18th day of April, 1998. Secretary · Jame~ Reinders ~/ (..~Chfiirman ~ 16 1 , THIS AGREEMENT, made and entered into this 18th day 0fAugust 1997 by and between: Heritage Greens Community Development District, a public corporation created pursuant to Chapter 190, Florida Statutes, and Heritage Greens Developments Limited Partnership, hereinafter referred to as Developer;, WIT and NESSETH: WHEREAS, the Developer owns the majority of all lands within the District; WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget covering the fiscal year 1998; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties herei,~af-ter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of' receiving the proceeds of the note(s) or bond(s). The advances made pursuant to this agreement and reimbursement of s~rne will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). Secretary Heritage (]teens Community D e~v~k~p~rn e n t District ~Jame4 Reinders / ~h~irman Heritage Greens Developments Limited Partnership Heritage Greens Community Development District Beries 1997 goeclal Assessment Bonds For the Month Ended July 31, 1997 Construction Year to Projects Date Amounts Overall Paid/Rec'd by Variance Budget Bond Funds Fay. - (Unfav.) Deposit to Construction Account Deposit to Construction Reserve Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Debt Service Accounts Interest from Construction Accounts total sources $4,371,310,00 $4,371,310.00 $0.00 $231,065.00 $231,065.00 $0.00 $647,625.00 S647,625.00 $0.00 $600,000.00 $600,000.00 $0.00 $150,000.00 S150,000.00 $0.00 $0.00 $21,531.07 ($21,531 $0.00 $72,588.21 ($72,588.21) 56,000,000.00 S6,094,119.28 ($94,119.28) Costs of Issuance Bond Counsel- Greenberg, Traurig et al Trustee Fees- First Union National Bank Trustee Counsel- Holland & Knight Distdct Counsel- Young, van Assenderp et al Financial Consultant- Fishkind & Associates District Manager- Gary L. Moyer, P.A. Underwriter's Counsel. Nabors, Giblin,& Nickerson Costs of Issuance & Underwriters' Discount Deposit to Capitalized Interest Account Deposit to Reserve Account Contingencies total costs of Issuance $57 700.00 $4 $2500 S5,150.00 S54 400.00 $12 000.00 $43 000.00 $15 000.00 $150, 000.00 $647 625.00 $600 000,00 $3,000.00 $57 700,00 $4 625.00 $5 150.00 S54 400.00 S12 000.00 $43 000.00 $15 000.00 5150,000.00 $647,625.00 $600,000.00 $O.O0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 S0.00 $3,00000 $1,592,500.00 Sl,589,500.00 $3,00000 Heritage Greens Community Development District Series 1997 goeclal Assessment Bonds Construction Costs Undero_ round ElectriciW_ Utility Connections Underground Electricity Location total underground electricity Aco. uisitlon of the Prqiect. Phase I Ronto Development Corporation Reimbursements to Developer Wall System- Vestem, Inc. Equipment Rental- Naples Rent-All, Fla. Contractor's, Hertz Aluminum Fence- OK Welding Bomanite Entrance Way- T& S Concrete & Bomanite Electricity- FP&L Landscape Mulch. Forestry Resources Tree Transplanting & Landscape Installation- Turfrnaster Sod- Golden Gate Nursery, S, Flodda Sod Removal- Waste Management Fountain- Golf Ventures Electrical. Roberts Electrical Entry Gate System- Action Automatic Door Trees- Pro Tree Farms, Ray's Tree Farm, Green Cay Nurser Irrigation System- Annco Services Painting of Guardhouse- B. McMahon Plants. Statewide Palms, Clark's Nursery Engineenng Costs- Agnoli, Barber & Brundage Miscellaneous- Permits etc. total reimbursements to developer Construction Projects Overall Budget Year to Date Amounts Paid/Rec'd by Variance Bond Funds Fay. - (Unfav.) $35,661.00 $135,158.00 $35,661.00 $0.00 $135,158.00 $0.00 $170,819.00 $170,819.00 $0.00 $850,000.00 S850,000.00 $0.00 S89,126.00 $89,126.00 S8.610.95 $8,610.95 S10,618.00 $10,618.00 $9.950.00 $9,950.00 S904.26 $904.26 $3,888.71 $3,888.71 S55,551.37 $55,551,37 $14,052.00 S14,052.00 $3,221,51 $3,221.51 S5,419.78 $5,419.78 $1,180.00 $1,180.00 $16,419.40 516,419.40 $34,384.32 $34,384.32 $28,775.00 $28,775.00 $623.00 $623.00 513,357.61 $13,357.61 S42,357.00 S42,357.00 $1,186.83 $1,186.83 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $339,625.74 $339,625.74 $0.00 Agnoli, Barber & Brundage $35,954.25 S35,954.25 $0.00 Construction Related Leaal Fees Young, vanAssenderp & Varnadoe $33,275.24 $33,275.24 $0.00 August 19, 1997 Mr. Ward stated the final motion would be a motion to approve the Agreement between Heritage Greens Community Development District and Heritage Greens Developments Limited Partnership in order to fund your Budget that you just approved. i0n MOTION by Mr. Bailey seconded by Mr. "Comead! with all in favor the Developer Funding Agreement was l approved. ~ FOLrffrH ORDER OF BUSINESS StafrRel~rts A. Attorney l~fr. Anderson stated at the last meeting I distributed a draft of an Operation and Maintenance Agreement between the District and the homeowners association. Is there a desire to approve that for this fiscal year and are there any questions? ~Ir. Reinders stated I have one question. The second "WHEREAS" provision which reads in draft form, "WHEREAS for ease of administration, potential cost savings and for the benefit of full time on site operation and maintenance purposes," could we simply say, "WHEREAS, the District desires to contract with the Association"? Do we really want to suggest that the Association necessarily is that much better at these things than this District is? Is that consistent with our overall philosophy of Community Development Districts? ~Ir. Ward stated I tend to think it should be struck. ~[r. Reinders stated I am going to suggest that if it doesn't otherwise affect the Agreement that we eliminate that clause. Are there any other comments or discussion on this proposed Community Development District Systems and Facilities Operation and Maintenance Agreement? If not, I would entertain a motion for approval of this Agreement and to authorize me on behalf of the District to execute such Agreement with the Association. On""MOTION by Mr. Bailey seconded by Mr. Klass with all in favor the Community Development District Systems and Facilities Operation and Maintenance Agreement was approved with the proposed change and the Chairman was authorized to execute the Agreement on behalf of the District. 5 August 19, 1997 1 6Gl Mr. Anderson stated the next item perhaps should come up under Engineer's Report. The District needs to give some formal acceptance for utility facilities and also in turn authorize those utility facilities to be conveyed to Collier County and I will leave it up to Mr. McKenna to elaborate on that. Mr. Reinders asked did we not address this in part at our last meeting to the effect that once Counsel was satisfied with the form of conveyance agreements that I was authorized to sign those? Mr. Ward replied yes. Mr. Reinders stated that being the case, if you have them, I will go ahead and execute them. If' anybody has any questions or comments, I will entertain them. If not, we will move to the next item of business. Mr. McKenna stated I do have those documents. The items include the Dedication, the Bill of Sale, Warranty Deed, an Easement and Owner's Affidavit. They have been reviewed by your Counsel. In addition, I need to get a signature on part of the Environmental Protection permit, the main extension. At our last meeting there was a request for review of change orders. Subsequent to that I have prepared a master spread sheet and forwarded that to Randy White at our Manager's office. I am prepared to address line by line those items if you would like and I ask your direction as to how you would like to go about that. Mr. Reinders stated I think it might be appropriate to briefly go down the list and then if' we have questions, we will address each one. Why don't we start ~th the base contract which as I recall is $1,315,000 plus small change. Do you want to begin with Change Order No. 17 Mr. McKenna stated the contract price was $1,314,514.00. The first change order was for an increase of $825,000.00 to provide fill to the residential areas to bring those areas up to the road grade. Mr. Reinders asked did you want to revisit the logic or thinking or status of that? After Mr. McKenna briefly summarizes each one, I thought I would just go around the table and then if you want more background detail or rationalization for them, we will do it. If not, we will move forward to the next one. Do we have questions or comments on Change Order No. 1 in the amount of $825,000.007 If not, Change Order No. 2. Mr. McKenna stated the second change order we have is for $7,857.00. This is a decrease change order that was a result of some modifications to the sanitary 6 August 19, 1997 16Gl"q collection system. The County rules and regulations had changed to allow dual services on one sewer lateral and it was probably the largest of those modifications. There were some minor changes associated with drainage that were made for resubmittal of plans to the County. Mr. Reinders asked are there any questions? Number 3. Mr. McKerma stated Change Order No. 3 was an increase in the contract price for $43,043.70. This was the residential portion of the shared drainage. You may recall that within the golf course area there is some storm water drainage infrastructure that had a shared benefit associated with it and this is a change order to increase the contract to move the value of that infrastructure into the C.D.D. contract from the golf course contract. Mr. Bailey asked is that the drainage ditch to the east? Mr. McKenna replied no, this is a concrete pipe and infrastructure. Within the bond issue there was a maP and methodology that set out the apportionment of that drainage based on the benefit received. In summary it was the drainage that was put in necessitated by the fact that there was a golf course. There was the benefit to the golf course, that which was really serving the residential area was benefiting the residential, and then there was some portion which was actually shared. >Ir. Reinders stated to reiterate on something that was touched on at our last meeting, certainly as to Change Orders 1 and 3 being the more significant of the three that we have discussed, these were change orders that in effect were always anticipated. In other words, they were consistent with our original methodology, they were built into our original budgets. This was more administrative to adjust our contract after its initial advertisement and letting of contract to where we always knew we would be in any event. Number 4. Mr. McKenna stated Number 4 is a change order for an increase of 839,249.00 that is for survey work that was added to the Bonness contract. These are services that may have been provided by any vendor. The cheapest price was through the Bonness contract. Mr. Reinders stated these were survey services related to what aspect of the work? Mr. McKenna replied to stake out sanitary storm water, conduits, right-of- way, curb and limerock. Mr. Reinders stated again, cost not unanticipated. We might originally have assumed that those would have been for example provided through Agnolli, 7 August 19, 1997 16Glo, Barber but based on proposals or assessment of cost, we felt that this was the most economical way to go. Mr. McKenna stated the next change order, which is number 5, does involve the canal along the east property line. That was an increase of $39,945.00 and to mitigate that cost, there was fill which benefited the C.D.D. This canal along the east property line will serve as the eventual outfall for the project for all storm water. At some time in the future, the current outfall, which is the northeast portion of the project, will be bricked up and all storm water will go to the southeast. Construction of this canal was consistent with requests from South Florida Water Management District and Collier County. Mr. Bailey asked is that shared by the adjacent land? Mr. McKenna replied no it is not. Mr. Reinders stated Change Order No. 6. Mr. McKenna stated number 6 is a decrease of S42,383.25. This is to omit the sidewalk from the contract. We have had some discussion. During construction it is typical that the sidewalk gets damaged through heavy traffic, concrete trucks and so forth and it is the purpose of this change order to take the sidewalk out of the contract and it would then be constructed as each unit is constructed so as to avoid damage because once it is damaged, it has to be pulled out and replaced prior to acceptance by Collier County. 5'Ir. Reinders stated those costs will be borne by the respective builders pursuant to whatever inter-agreements they may have in the community and we have comfort that our District will have sidewalks and that ultimately they are not going to get permits or C.O.'s until these sidewalks go in. Mr. McKenna stated that is correct. ~Ir. Reinders asked is there any further comment on number 6? If r~ot, we will move on. What else do you have? ~Ir. ,~IcKenna stated Change Order No. 7 is to increase the bonding costs in accordance with the adjusted contract amount. That is an increase of $8,970.00. Change Order No. 8 is an increase of $14,928.00. This involves some modification to drainage around Lake No. 11. There is some modification in the shape of that lake to ease in maintenance and aesthetics that is involved with the addition of some drainage infrastructure as well as blasting and excavation and also $148.00 for additional bonding costs. Change Order No. 9 is an increase of $4,408.0C,. The content of this change order is to change the size of the water line within Crestview from six inches to eight-inch PVC. Collier County has a requirement 8 August 19, 1997 that multi-family be serviced by an eight-inch water main regardless of flow calculations or the engineering need for it. It is a fixed rule and we need to modify our plans accordingly. Change Order No. 10 involves street and canal crossing conduits for FP&L and provisions for the FP&L pole line and easements along the eastern property line. This change order is an increase in the amount of $39,999.01. This is work along the eastern property line, stabilizing the slopes and providing conduits and additional bonding costs. Mr. Reinders stated we have ten change orders. Do you have any discussion, comments or questions with respect to any of those current ten change orders? May I ask if they have all been reviewed and approved by the Engineer? Mr. McKenna replied yes they have. Mr. Reinders asked have they all been duly executed at this point? Mr, McKenna replied I have executed them and they have been forwarded to our Manager's office. Mr. Reinders asked do we need any ratification as a matter of form? Mr. Ward replied you have approved Change Orders Nos. 1 through 6 but as a matter of Board policy, you need to approve Change Orders Nos. 7 through 10. *Ir. Reinders stated I would therefore appreciate ratification or approval by the Supervisors of Change Orders Nos. 7, 8, 9 and 10. ]IOn"~iC~TIoN by Mr. Bailey seconded"b~ Mr. Klass with all in favor Change Orders Nos. 7, 8, 9 and 10 to the B0.nnes~.' contract were approved. Mr. Reinders asked what does that give us as a total revised contract sum? Mr. Comeau asked could Mr. McKenna put together for me a packet of the material that he has presented today so that I may pick it up? Mr. Reinders asked are you speaking of copies of these ten change orders? Mr. Comeau replied the change orders and I know he is going to present a status report of where everything was today. Mr. McKenna stated I will do that. The total contract price through Change Order No. 10 is $2,279,817.11. Mr. Reinders asked how does that compare to our original construction fund? Mr. McKenna replied the original construction fund was for $3,366,000.00. 9 August 19, 1997 Mr. Reinders stated in other words, we would appear to be in fairly good shape. Mr. Ward stated I am not sure I know the answer to that question. ! think the Engineer needs to provide a detailed estimate which I have been ask,lng for relative to this whole project. We have a budget amount that was contained in the Engineer's Report, when we did the bond issue. I have a financial report ready for you with respect to the current contract through Change Order No. 8. I need to add the other two change orders that you just approved. The part that is missing that I do not know is based upon the contracts that you have executed. What is the balance of the work remaining to be done and the estimate of that work? I don't think you can say at this point the answer to that question because I need to know from the Engineer what the balance of the work actually is and what the cost estimates are for the balance of that work. Then we can provide that to you. Mr. Reinders stated it seems to me what we are saying is we are looking at a contract sum currently of $2,280,000.00 in round numbers. We know that we are going to have presented to us some additional change orders for our consideration, not to my knowledge particularly significant in terms of overall dollars, and one might assume some kind of contingency in terms of completion although I think the work is very well advanced at this point. I think most of this is flushed out and I wouldn't look for too much in that regard. The major item of which ! am aware is that there is a Second Acquisition Agreement between the District and the Developer which I assume would hit the construction fund which, if memory serves, is in the approximate amount of $400,000.00. I don't know that you have necessarily seen that, ~Ir. ~[cKenna, because that was handled separately through this Board and the Developer and with the assistance of Mr. Anderson but we should keep that particular item in mind as it is rather significant. If we have our total through number 10, if we know where we end up today in terms of any other discussion, if we provide some modest contingency and if we pick up that Second Acquisition Agreement, is there anything else that we need to be generally aware of for purposes of completing this overall comparison of projected costs to Budget? I am not aware of anything. Mr. Bailey asked do we know where we stand relative to the fill requirements? Are there any surprises? ~r. McKenna replied at this point, I see no problem. We are consistent with the original estimates of fill. If I could speak to the statement that Mr. Ward August 19, 1997 made, you probably haven't had the chance to review this yet but I forwarded to Randy White at your office this master spread sheet that goes line by line through the contract and compares that to the original bond issue numbers which is what I understood was needed here. I also gave it to him in disk form if it is helpful. I did not include the $400,000.00 because I wasn't aware of that figure but it is looldng at the total contract to date. Mr. Ward stated that is not what my question was. My question was that we deposited roughly $4.4 million in the construction account on the day that we did the bond issue and from the $4.4 million we paid about $850,000.00 to Ronto for the acquisition, you have a contract of roughly $2.3 million and according to our calculations internally we have roughly $740,000.00 in unidentified future projects of the bond issue. That is exclusive of Change Orders Nos. 9 and 10 and the balance due on the 'Second Acquisition Agreement, so you are getting to the point now of running out so-to-speak of construction dollars, so my question is, have you done the estimates on the balance of the construction remaining in Heritage Greens so we can put it into this financial report so I can provide to the Board exactly where they are in relation to this bond issue. I know where we are in relation to the Bonness contract, that is easy. What I don't know is how much construction you have left in Heritage Greens and what is the budget for that over and above the Bonness contract and the acquisition agreements and the repayments and everything else. Mr. McKenna stated the only items I could think of would be FP&L. What was included in the $400,000.00? Mr. Reinders stated that was basically the work to the perimeters, be they landscape fountains or walls. Mr. McKenna stated I understand your point now Mr. Ward. What you are referring to is ~treet lighting, FP&L and the other items that were in there in addition to the Bonness contract. Mr. Bailey asked is landscaping separate? Mr. Reinders replied yes although I think the only landscaping was in that Second Acquisition Agreement. I don't know that we have other landscaping in there but let's leave it on the basis that having acted on Change Orders Nos. 1 through 10, having whatever discussion we have here today related to change orders, then you can go back and if you need a copy of that Second Acquisition Agreement, Mr. Anderson's office can provide it to you and then review your other line items and then let's see if we have additional costs to address in all of 11 August 19, 1997 1 681 that. After future discussions of change orders and a little bit of contingency and addressing this Second Acquisition Agreement, I think we are looking at around $600,000.00 against which we will have some other items which are contained outside the Bonness contract. Whatever results from that results from that. It should probably be something close to the maximum reimbursement still to go to the Developer under the first Acquisition Agreement if and to the extent funds are available. That was always our ultimate contingency that was projected if I recall correctly at about $550,000.00. It sounds to me that we are fairly close. With that said, what else do we have? C. Manager There not being any, the next item followed. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Reinders asked are there any requests from our Supervisors? Mr. McKenna, we had some proposed change orders we were going to discuss and act on in a little more detail being basically the allocation of the rip rap and maybe some discussion of the survey related to the lake as-builts and stake-outs. Mr. McKenna stated I will try to speak to those change orders although I don't have a copy. Mr. Reinders stated we touched on them briefly at the last meeting. We know for example that we have a change order with Bonness, not this District, but the Heritage Greens Golf Enterprises, for fifty-six thousand dollars and change related to the provision of rip rap around lake banks done primarily for aesthetic purposes. Mr. McKenna stated for stabilization purposes. There is rip rap and also sod which is needed to stabilize lake banks to minimize maintenance in the future and that cost of the stabilization was apportioned to the C.D.D. and to the golf course based upon the original excavation as that was thought to be a rational method of distributing that cost. It was roughly a 50-50 split, calculated based on the need of fill by each entity and therefore where that material was going and the benefit received. Mr. Reinders stated it is actually roughly a 41-59 percent split, 41 to the District as I recall. While we don't have the detailed numbers in front of us, we have asked the Engineer to look at it, it has been analyzed, we know what the OZ .JO ~J ~rf~ 0~0 0~0 0~ ~0 ~ ~ 0 0~00 ~0 Om 0 0~00 O0 O~~ 0~0 N~'~ ~ 0 Z Z -J Z 0~00 O0 ~ 0 0~00 O0 ~ ~ OC~ 0 0 O. ~'0 uJ uJ 0 ZO Z~ 0~- 8.- O0 4) 0 O0 ~.~. 0 Z Oki, WeD :2 u~o 0 I Gary L. Moyer, Rtl. Land Development ~ ManaRement Consultant 10300 Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753-0380 November 20, 1997 Memorandum To: Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Ooverr~mental Center 3301 East TlarniAml Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: Minutes of Meetings held April 3, April 4, April 10, April 21, June 9, June 18, June 23, August 18 and Au~lst 19, 1997 From: Gary L. Moyer Manager Enclosed for your records are copies of the mluutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.D.D.) as referenced above. GLM/nk Eric. ~ OF ~G THE I~2rAGE ~S COMMUNITY DEVE~P~ DISTRICT The recessed meeting of the Board of Supervisors of the Heritage Greens Community Development District held on Monday, August 18, 1997 at 9:00 A.M. was reconvened on Tuesday, August 19, 1997, at 9:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Ralph Klass Also present were: James P. Ward Bruce Anderson Jack McKenna Chairman Supervisor Supervisor (By Telephone) Supervisor (By Telephone) District Staff Attorney Engineer FIRST ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 9:00 A.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Harris. SECOND ORDER OF BUSINF. SS Approval of the Minutes of the July .30, 1997 Meeting Mr. Ward stated item 2 on your agenda is the approval of the minutes of the July 30th 1997 meeting. You have previously been distributed a copy. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otheraSse, a motion for their approval would be in order. Mr. Anderson stated I noticed an error on page 5 of the minutes. Under the Engineer's Report, they quoted Mr. McAnly and I think it should be Mr. McKenna. Mr. Ward asked are there any other changes to the minutes? Mr. Reinders stated hearin~ none, I call for approval of the Minutes. I on MOTION by Mr. Comeau seconded by Mr. Bailey[[ with all in favor the Minutes of the July 30, 1997 Meetingu were approved as amended. ]1 August 19, 1997 1661 THIRD ORDER OF BUSINESS Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement Mr. Ward stated item 3 on your agenda is the public hearing relative to the adoption of your Budget for Fiscal Year 1997-98 and to consider the Funding Agreement with the Developer in order to fund both the debt service and the operations for Heritage Greens for 1998. Let me go through with you the General Fund Budget. At your last meeting we had some discussion relative to lowering budget items for both your engineering and legal fees to a $10,000.00 line item for each of the respective fees. That was accomplished in the revised Budget that we sent to you. It has a total Budget of $94,250.00 for 1998. It will be funded by a Developer's Agreement, therefore, there will no assessments on the tax rolls for 1997-1998, therefore, there are no other fees and charges relative to the collection of those assessments. Mr. Reinders stated I apologize for not catching it sooner but I believe that the minutes of the meeting of July 30th reflected our approval of lowering the Legal Budget from S20,000.00 to $15,000.00 and Engineering from S20,000.00 to S 10,000.00. I refer you to page 11 of the minutes just above the motion. Mr. Ward stated we will make that re~'ision for Legal to $15,000.00 and that will bring the Budget to $99,250.00 rather than $94,250.00. On the Debt Service Fund Budget, first what I would like to do is call your attention to what we call the Statement of Revenues, Expenditures and Changes in Fund Balance. That is essentially an income statement in the private sector for the current fiscal year. What that shows you for the purposes of your Debt Service Fund, which is the fund that accounts for the bond proceeds that you received and carry the Reserve Account and the Capitalized Interest Funds for this particular bond issue and any interest income associated with those funds, it accounts for any principal prepayments which you may receive or assessments which you may levy in Heritage Greens for the retirement of that debt, and then finally the interest expense associated ~'ith those bonds for the current fiscal year. You will note on the bottom of that sheet we have a net income of about $1.1 million. What that essentially reflects is that you received your bond proceeds again which encompass your Reserve Account and your Capitalized Interest Account, some interest income and payment of the interest expense due on the bonds foc the current fiscal year. If you go further down on the sheet, you will notice we have a line which is what we call Reserved for Debt Service (All Years). That is the 2 iii llllllllllllll II IIIIIII I II I II IIIIIIII IIIII IIII II I III IIII IIIIIIIIIII I I I III IIIIIII ..... IIII I August I9, 1997 amount of money that is set aside in the Reserve Account for payment of debt service on these bonds through the life of the bond issue itself. That is $600,000.00. Due to our fiscal year timing being October 1st through September 30th, we need to reserve the amount of funds necessary to pay the November 1, 1998 payment of $247,500.00. That leaves us with what we call an Unappropriated Fund Balance of $266,158.00. That is the amount of money that you will be able to carry forward into your Budget for Fiscal Year 1998 in order to make Debt service payments during that year. Mr. Reinders asked is that number supposed to be the balance of $247,500.00 from $600,000.00? Mr. Ward replied no, it is the $1,100,000.00 less the $600,000.00, then the $247,000.00. If you turn back one page to what is called the Debt Service Fund Appropriations section, that shows you the amount of principal and interest due on your bonds for Fiscal Year 1998. There is no principal debt retirement due. You have an interest payment due on November 1, 1997 and May 1, 1998 in the amount of $247,500.00 each for a total of $495,000.00. Since we will not be levying assessments for Heritage Greens for 1998, there are no Other Fees and Charges associated with it. Going back one more page, it shows you how we calculated the interest income associated with your Reserve Account, the S600,000.00 and the anticipated interest income earned on the Capitalized Interest Account so we have about S55.000.00 in interest income. Back one more page is the summary of your Debt Service Fund Budget. Taking the amount of cash we have available on October 1st 19,07 of $266,158.00 plus your interest income less your anticipated appropriations, which in this case are fixed interest expense of $495,000.00, leaves a developer contribution for this particular fund of $173,842.00 for next year. With that amount of money it will fund the November 1, 1998 payment of $247,500.00. Also attached to your Budget is the Debt Service Schedule for the Series 1997 Bonds. That was prepared by the Under~'riter for this issue. If you have any questions relative to your proposed Budget, I will be glad to answer them. Mr. Reinders asked on the Developer contribution, when would you expect to receive that? Mr. Ward replied as long as we have received it before the end of the fiscal year, September 30 of 1998 as it relates to debt service. That would be the last possible date. Mr. Reinders asked are there other questions or comments on the proposed Budget for Fiscal Year 19987 3 August 19, 1997 Mr. Comeau responded I have no questions. Mr. Reinders stated I declare this meeting open to the public for the purposes of comment and discussion. I note there are no members of the general public present. Is there any other discussion from staff or others? Mr. Bailey asked do I understand from the last meeting that if it was required or if expenses exceeded what we had budgeted, we were required to call another meeting? Mr. Ward replied it is before expenses exceed the Budget that you have to call another meeting and amend your Budget and in this case amend your Developer's Funding Agreement Mr. Bailey stated I see that we have a contingency under the Administrative fees but not under the Professional Fees. .Mr. Ward stated that is true. Mr. Reinders stated we had a discussion at our last meeting. The sentiment as expressed by the Developer was that they wanted to budget as tightly as possible recognizing we may run some risk of having to call additional meetings and review this. Nonetheless the feeling was that expenses tend to grow to meet the amount allocated thereto. After some discussion, we arrived at these proposed numbers. Whether they will prove to be totally adequate or not, at least it would appear that they should be sufficient. There is a vehicle to increase them and adjust them if and as necessary. We will have to watch them and I am sure that our Manager will alert us to any anticipated or projected shortfalls in a timely manner so as to permit us to respond accordingly. With that, I will entertain a motion to close the public hearing. liOn MOTION by Mr. B'ail~y seconded by Mr. Comeau Iwith all in favor the public hearing.was closed. Mr. Ward stated we will now need a motion to adopt Resolution 97-9 which by title is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1997-98. Mr. Reinders asked do I have a motion to that effect? liOn MOTION by Mr. Comeau seconded by Mr. Bailey~ I with all in favor Resolution 97-9 was adopted. 4 I I I I I I 'o H 0 ,,,,, a II I I IIII III I IIIIIII I II IIIII II IIIIII I II I I MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item # TO: FROM: DATE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Managerl~ ~'~ Clerk of the Circuit Court/Finance Department ~ ~ I- March 20, '1998 RE: Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritaae Greens Community Development D~strict 1. Pursuant to Florida Statutes Chapters 189 and 190, the Heritage Greens Community Development District submitted the following: (a) Minutes for Meetings held April 3, April 4, April 10, April 21, June 9, June 18,June 23, August 18 and August 19, 1997 v/ (b) Minutes for Meeting held October 23, 1997.~ Thank You. Misc. Co~.~$: . Copies To: Gary L. Moyer, P.R. Land Dt~,elopmen~ ~ Manal4ement ('on.~ullan! 1 6Gl 10300 Northwest Eleventh Manor Coral Springs. Florida 33071 (954) 753.0380 February 3, 1998 Memorandum To: Clerk of the Circuit Court Finance Department do Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held October 23, 1997 Gary L. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.D.D.) as referenced above. OLM/nk Enc. I RECEWED _~- "-'¢i-~N ~, E -_. ~ OF THE HERITAGE GI~~ COMMUNITY DEVELOP~ DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held Wednesday, October 23, 1997 at 10:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Raymond G. Harris Peter Comeau Ralph Klass Chairman Supervisor Supervisor Supervisor (By Telephone) Supervisor (By Telephone) Also present were: James P. Ward Bruce Anderson Mark Taylor Karen Wells District Staff (By Telephone) Attorney (By Telephone) Ronto Development Ronto Development FIHSr ORDER OF BUSINF, SS Roll Call Mr. Reinders called the meeting to order at 10:00 A.M. and stated the record will reflect that Supervisors Bailey, Harris and Reinders are present in person and present by telephone is Supervisor Comeau. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 18, and August 19, 1997 Meetings Mr. Ward stated you have all been previously distributed copies of the minutes. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. ]On MOTION by Mr. Comeau seconded by Mr.' Reinders~ [with all in favor the Minutes of the August 18, and[[ [August 19, 1997 Meetings were approved. ~ THIRD ORDER OF BUSINESS Sl~t~Reports A. Attorney There not being any, the next item followed. October 23, 1997 There not being any, the next item followed. C. Manager Mr. Ward stated my only comment to the Board is I have received a letter of resignation from Mr. Harris which is effective on the 31st of October 1997. The way in which the statute works, the balance of the Board would appoint a Supervisor to fill the unexpired term of Mr. Harris. His term is set to expire in November of 1999. As such, since he is still a member of the Board, I don't believe that there is any action you need to take today. At one of your next meetings subsequent to October 31st, it would be appropriate for the Board to consider a replacement for Mr. Harris to serve until the expiration of his term. Mr. Reinders stated in the interest of moving this business forward, can we ask Mr. Harris if he would like to resign effective now and we can appoint his replacement. Mr. Ward stated that is Mr. Harris's decision. Mr. Harris indicated that he would tender his resignation effective at the end of this meeting. Mr. Reinders stated we know we have elections coming up in any event and I would like to finalize that position prior to the upcoming election. Mr. Harris has indicated he would be willing to tender his resignation effective today. The record will reflect that Mr. Klass joined the meeting by telephone at this time. Mr. Reinders stated we just apprOved the minutes of the meetings of August 18 and 19. We have gone on to Staff Reports of which we did not have anything from Mr. Anderson or from our Engineer who is not present. We were just talking about the fact that we had received a resignation from Mr. Harris to be effective October 31 and with his consent, we were going to accept that resignation effective today and proceed with the business of appointing a substitute Supervisor to serve the balance of his term which otherwise expires November of 1999. That being the case, I would like to propose Mr. Mark Taylor to fill the unexpired term of Mr. Harris. Do we have any other suggestions, proposals or nominations? Mr. Ward stated I assume you can elect him today but since I am not there in person I can't swear him in. Mr. Harris will continue to serve through this Board meeting and then at your next Board meeting, I can swear in Mr. Taylor. 2 October 23, 1997 Mr. Reinders stated that is fine with us it'it is fine with Mr. Anderson. Mr. Anderson stated that is fine although if you have a notary there, someone other than Mr. Ward, the notary can administer the oath. Mr. Ward stated there is no oath available to them. Mr. Reinders stated a point of' clarification. We are going to accept Mr. Harris's resignation to become effective at the conclusion of this meeting and we are going to appoint a substitute to fill his unexpired term effective at the end of' this meeting subject to taking the oath of office at the next available opportunity. Is that correct? Mr. Ward replied that would be correct. Mr. Reinders with that done, we have taken Mr. Harris's resignation to be effective at the end of this meeting, I have proposed Mr. Taylor to fill his unexpired term. Do I hear any other recommendations, suggestions, proposals or nominations? Hearing none, On MOTION by Mr. Reinders seconded by Mr. Bailey[ with all in fa.v. or the Resignation of Mr. Harris was~ Accepted Effective at the End of this Meeting and Mark[ Taylor was Appointed to Fill his Unexpired Term. ~ FOURTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Reinders stated let me state for the record we do have a Landowners Election scheduled for November 4th. Is that a meeting of this Board? Mr. Ward replied no, that is nothing more than an election by the landowners. Three positions will be available: Mr. Bailey's, Mr. Klass's and Mr. Comeau's positions expire in November of 1997. Landowners who own property within the boundaries of the District are allowed to vote in that election and it would be appropriate for those individuals to show up at that November 4th meeting with the appropriate proxies to allow them to vote. Mr. Reinders asked has U.S. Home received its proxy? Mr. Comeau replied no. Mr. Reinders asked will you send him one Mr. Ward? Mr. Ward stated it will be faxed to you in a few minutes Mr. Comeau. Mr. Reinders asked has Heritage Greens Development Limited Partnership received its proxy? They have not. Will you be kind enough to send them one please. 3 October 23, 1997 Mr. Ward asked to anyone in particular? Mr. Reinders replied send it to the attention of Karen Welks. Mr. Ward stated that will be faxed over as well. Mr. Reinders stated I will tell you that Heritage Greens Golf Enterprises did receive its proxy. It is my understanding that in the case of U.S. Home, I believe they would be voting the four single family home sites which they hold title to? Mr. W~rd responded if it is platted, they would vote the number of lots. If they own unplatted acreage, the owner would vote the unplatted acreage. Mr. Reinders stated it is platted acreage but not parceled. In other words, there are only a couple of parcels. Is there one vote per acre? Mr. Ward stated it is one vote per acre. Mr. Reinders stated that means that Heritage Greens Golf Enterprises would be casting approximately 141 votes. Heritage Greens Development Limited Partnership, the developer, would be casting its vote based on platted units of which there are I believe some 523 units, however, in some cases those are condominium pads where there are four units per parcel and just for clarification, I would like to know if they are voting the four units that would be built on those platted parcels or are they voting once for the building? Mr. Ward replied they would vote for the acreage assuming the building is not constructed. The only time the per-unit comes into play is if they platted single family lots. If it is a multi-family tract and it is a tract of 100 acres that you can build 100 units on, they would vote the ten acres. Mr. Reinders stated there were 163 single family homesites if I recall. U.S. Home would vote four of those and Heritage Greens Development would vote the other 159. Mr. Comeau stated on the villa tract, the 180 villas, it is fee simple for those so each one of those villas should get a vote. Mr. Reinders stated there are twenty platted lots. As I understand Mr. Ward, he is saying that per-unit only applies for single family lots. Mr. Ward stated it applies to a platted lot. Mr. Comeau stated 180 villas are platted. 1V[r. Ward stated if they are platted, they would count as one unit. If it is a multi-family tract, for instance a three or four-story building on ten acres, then it would vote the acreage not the units that are on the acreage. 4 October 23, 1997 Mr. Reinders stated in the villas there were 104 individually platted lots so those 104 would be clearly voted 104 votes for the Developer. That brings us to the six-plexes of U.S. Home. Mr. Comeau stated they are 180 individually platted lots. Mr. Reinders stated that is 180 votes to be voted by the Developer and lastly we have the two-story, four-unit condos. We have twenty platted lots so that would be twenty votes. Mr. Comeau stated the Developer has 467 votes. Mr. Reinders stated I ask this again because I suspect it is relevant to somebody's condominium documents and disclosures and future voting when this is no longer Developer-controlled, Mr. Ward stated then it will convert to a qualified-elector based election at that point. You don't even have to own property in order to vote at that point, you just have to be a qualified elector residing within the District. Mr. Reinders asked when does that happen? Mr. Ward replied the District was created in 1993 so the November 1999 election, assuming there are 250 qualified electors in the District for that election, two of the three Board members will be elected by the qualified electors, the third member will be elected by the landowners. In the year 2001, you will have a conversion so that third Board member who was elected in 1999 will convert to a qualified-elector base election and the other two Board members will also be by qualified elector. Mr. Reinders asked if I were thinking about buying a coach home but I would be looking at a situation where, initially notwithstanding the 80 units in this condominium, there would be 20 votes during the interim process. Mr. Comeau stated the golf course is not part of the District. The acreage for the golf course has been removed from the District. Mr. Reinders stated that is not true, it is just not subject to assessment. It is clearly within the boundaries of the District, clearly therefore a landowner within the District and would be voting in acreage. Mr. Anderson stated regarding the four-plexes. Once those are conveyed out to four different people, that is four votes under the landowner vote. It' you own a fraction of an acre, you are entitled to one vote. If you have a four-plex built and only one of the units has been sold to someone, that one person gets a vote on the landowner basis, one equivalent of a one-acre vote for his unit. Octobe~ 23, 1997 1/)Gl Mr. Reinders stated the understanding is that obviously the Developer will have the vast majority of the votes. That is not an issue, I am thinking more in terms of how much the Developer has to disclose to potential purchasers b~zt for purposes of this election which takes place on November 4, U.S. Home will be casting four votes, Heritage Greens Golf Enterprises will be casting approximately 141 votes and the Developer as I understand it will cast 159 single family, 104 villa, 180 six-plex, and 20 coach home. Mr. Ward stated the key to their vote is they must show up at the Landowners Election with the proxy specifically identifying who they are and the number of votes and attaching the correct folio numbers or legal descriptions that proves that they own the property. Mr. Anderson asked at what time is the election? Mr. Reinders replied I believe it is at ten in the morning. Mr. Ward stated it is at ten o'clock. Mr. Reinders asked will the landowners be electing two four-year terms and one two-year term? Mr. Ward replied yes and the way that works is two individuals receiving the highest number of votes will serve the four-year terms and the one individual who receives the lesser number of votes will serve the two-year term. One thing I should point out to you is something that came up in the Lely District this week. In 1999 this is an off year election so you will end up having to hold a special election for this District because there won't be anything else on the ballot probably in November. That will cost you somewhere between $10,000.00 and $15,000.00 to hold that election by the Supervisor of Elections Office which is the way these elections are held. We need to be aware of that and be sure that in the summer of 1999 before that election we will have to budget for that election and coordinate that with the Supervisor of Elections of Collier County assuming we have the 250 qualified electors. Mr. Reinders stated I see copies of correspondence from Mr. McCann raising various questions. I believe the Manager has responded to that. Mr. Ward responded I did. Mr. Reinders stated I have not reviewed that but I assume it fully addresses the questions that he had. Mr. Ward stated I believe it does. Mr. Reinders stated I have not heard anything to the contrary but I will check with him. We also had some open questions with respect to calculating October 23, 1997 payoff amounts and in anticipation of closing, we need to escrow dollars so that in due course, as available, the payoff can be made. Mr. Ward stated that is correct. Mr. Reinders stated as I recall, Mr. White is working on that analysis. Mr. Ward stated yes, we are working on that and it is a little more complicated than I expected it to be. Mr. Reinders asked do we have an estimated time frame? Mr. Ward replied I suspect that by the end of next week we will have it finished. Mr. Reinders asked do we want to hear quickly our general status of development? We have Mr. Taylor here and he is familiar with the process. He is not a sitting Board member at the moment but I assume it is not inappropriate to hear that under general reports? Mr. Ward stated that would be appropriate. Mr. Taylor stated I can advise you on the quantity of work performed to date. On the infrastructure, the piping is essentially complete. Roadways for Phase lA are complete, Phase 2 roadway is 90% complete and we expect acceptance approximately November 10th. Golf course construction seems to be on schedule for completion on or about the end of January 1998. On lake excavation, two have been completed. One under construction is anticipated to be completed by November 30th. Mr. Reinders asked are there any questions? The last time we met, we had authorization to enter into Change Order No. 11 which would have served to allocate certain costs between Heritage Greens Golf Enterprises and the District. Notwithstanding that authorization, in the course of my review and discussion with representative of the Developer and with our Engineer, it became clear to me that there are other types of costs to be allocated that have arisen. As a function of that, the bottom line is we would not be looking to allocate from the golf course to the District any of those costs we had previously discussed so we will let them in effect net out against other potential allocations from the District to the golf course. I think all of the parties involved in the course of following up that earlier authorization for the District, being the Engineer and the representatives for the Developer, have reasonably satisfied ourselves that it is best to leave things alone. On the other hand, in furtherance of the development and in doing what we felt was appropriate and necessary to progress in accordance with the schedule we have received, and in part proceeded with work related to, some additional change 7 October 23, 1997 orders that I would like to address and ask your ratification of. I will try to summarize them and if there are any questions, I will address them. To my knowledge, they have all been approved by the Engineer. Change Order No. 11 had to do with gatehouse parking, cutouts, subgrading in the entry area and in the roadway coming into the community. It was a change order increasing the contract by exactly $1,120.00. If there are any questions, I would like to respond to those, if there are none, I would like to ask the Board to ratify Change Order No. 11 in the amount of $1,120.00. Harris with~ ilOn MOTION by Mr. Bailey seconded by Mr~ Increase om Hall in favor Change Order No. ll for an ~$1,120.00 was approved ,, Il., Mr. Reinders stated Change Order No. 12 had to do with exotic removal in the south and west preserves. The work has been performed by change order with Bonness and it is for an increase of $47,732.00. Are there questions or comments? As long as we are not having questions or comments I will continue with the descriptions and call for one motion. Change Order No. 13 has to do with a second lift of asphalt on the first 500 feet of the entrance. This project was partially developed initially. In the course of recontracting it, we apparently neglected to address the second lift of asphalt. This is for an increase of $4,757.88. Are there any questions or comments? Change Order No. 14 has to do with littoral shelf planting. This is a permit condition, nothing discretionary about it. It is an increase in the contract with Bonness in the amount of $11,006.00. Are there any questions or comments? Change Order No. 15 has to do with additional clearing of the south preserve in addition to the initial change order that we talked about. This represents an increase of $5,111.00. Are there any questions or comments about any of these? If not, I would appreciate a motion to ratify Change orders 11 through 15 as just summarized. Mr. Anderson stated the previous Change Order No. 1 ! that was approved at the last meeting is not necessary, is that correct? This new Change Order No. 11 is intended to replace the old No. 117 Mr. Reinders replied we actually never did the old No. 11 other than that it was authorized. It was never acted upon. Mr. Anderson stated we need some formal Board recognition that that Frior Change Order No. 11 has been canceled and this is a new one. 8 II IIII II IIIIIIIIIII I I IIIIIIII II I I IIIIII II I I I I III II II II I III II II I I I October 23, 1997 Mr. Ward stated I would recommend a motion to withdraw your authorization to execute Change Order No. 1! as approved at the August 19, 1997 meeting. Mr. Reinders asked do I have such motion? I On MOTION by 'Mr. Bailey seconded by Mr. Klass with'II all in favor Authorization of the Chairman to Execute[I Change Order No. 11 Approved at the August 19, 1997[l Board of Supervisors Meetin~ was Withdrawn. 1[ Mr. Reinders stated I now need a motion for the ratification and approval of Change Orders 12 through 15 as earlier summarized on the record. On ~OTi'0N by Mr. Bailey seconded by Mr. Harris with all in favor Change Orders Nos. 12 through 15 were Approved and Ratified. Mr. Reinders stated one last item of business from me and then we will take any other business that we have. We have a request from the Developer, Heritage Greens Development Limited Partnership to, in effect, accelerate a partial payment of an amount still due it under the Acquisition and Improvement Agreement entered into between this District and that entity. You may recall that that initial Acquisition and Improvement Agreement contemplated up to $1,400,000.00 of reimbursements to the Developer for work previously done and certified by the Engineer. Approximately $806,000.00 was paid to the Developer as reimburseznent at bond closing or shortly thereafter. The remaining $550,000.00 under the terms of the Acquisition Agreement was to be disbursed to the extent it was still there in the Construction Fund upon completion of all of the improvements. Not all of the improvements are complete and yet they are very substantially complete. We do not anticipate any other significant change orders. I discussed this with our Engineer and this was in part a follow-up to an earlier exercise they were doing in terms of a summary of our overall status and I received a letter dated October 16, 1997 from the engineering firm which I will be happy to read into the record. It is addressed to Heritage Greens Community Development District. It references a Certification Letter of Funding for Heritage Greens C.D.D. 9 October 23, 1997 Dear Sirs: I hereby certify by this letter that to this date, the sum of approximately Two Hundred Fifty Thousand Dollars (8250,000.00) is anticipated to remain available from the Heritage Greens construction/infrastructure budget. This is based on the attached "Exhibit A". At this time, we do not anticipate any significant charges beyond those shown on the exhibit, therefore, it is our belief that the expected final construction cost will generally correspod to the amount shown in the attached exhibit. If you have any further questions or comments, please do not hesitate to contact the undersigned. Sincerely, Agnoli, Barber & Brundage Inc. Exhibit "A" reflects a summarization between the initial project and the costs under the project and all change orders including Change Orders 11 through 15 and at that time showed a total available at conclusion of the project of $258,087.00. This included an allowance for contingencies of $20,000.00 which was not incurred and therefore makes the number $278,087.00. It included at the time the contemplated Change Order No. 11 which we just rescinded authorization for in the amount of $35,000.00. What we are saying based on our subsequent actions is that the $258,000.00 including the contingency of $20,000.00 and now being increased by the $35,000.00 that did not take place as a result of allocations, which leaves a figure of about $313,000.00 anticipated to be available for disbursement to the Developer in accordance with the Acquisition Agreement at the conclusion of the project. The request from the development entity is to be considered a partial early release of some of those dollars, the specific request being $250,000.00. I pass that request on to you to be addressed and discussed and have appropriate actio.u taken on it. I am open to discussion or comments from anyone on the Board or staff. Mr. Comeau stated I concur with that letter and move to authorize the release of $250,000.00. Mr. Harris stated I second the motion. Mr. Ward stated I believe we need to have Agnoli, Barber Brundage rewrite the letter for you. There were a couple of words that said they "estimate" and they "don't anticipate". They need to certify without the use of those words. 10 October 23, 1997 Mr. Reinders stated I will request that revised certification. Mr. Comeau stated then I revise my motion to include upon receipt of that revised letter from the Engineer to proceed with the release of the funds. Mr. Reinders asked will you second the revised motion? Mr. Harris replied yes. Mr. Reinders asked Mr. Anderson, do you think it is necessary to actually amend the Acquisition Agreement or will simple action of this Board to accelerate the partial payment be sufficient? Mr. Anderson asked has Bond Counsel been consulted on that? Mr. Reinders replied I can't say that they have been. Mr. Anderson asked a second question is, are there going to be sufficient funds left to meet the obligations that the Bond Trustee has under the Construction and Maintenance Agreement with Collier County? Mr. Reinders stated the nature of the Construction and Maintenance Agreement was a statement by the Trustee that sufficient funds existed in the Construction Account to meet that obligation. Is that correct? Mr. Ward replied that is correct. Mr. Reinders stated it had a specific number that the County recognized for its purposes which I recall was about $230,000.00 plus. I am saying the answer to Mr. Anderson is no, because if we disburse the $250,000.00, we leave ourselves theoretically about $66,000.00. If we don't accelerate this disbursement currently, they are going to very much want it in accordance with the terms of the Acquisition Agreement about a month from now. Mr. Ward stated I doubt the District will be able to bond that one. When we did the Key Marco bonds, I had to provide to the insurance company the financial statements for the District itself. In Key Marco when that was done, those were strong financial statements. They obtained opinions from the auditors that the financial statements were strong, there were no problems. This one is not tha:~ way. We didn't even get a clean opinion last year, the District was in a state of financial emergency. That has been disclosed and that won't clean itself up for a couple of years and it is highly unlikely that they would issue a bond based on that financial statement. Mr. Comeau stated my motion is on the floor but as I am going to have to leave now and will not be able to vote on it, I am withdrawing my motion. Mr. Reinders stated let me move to authorize the early release of $250,000.00 subject to a more definitive certification from Agnoli, Barber and subject to our 11 October 23, 1997 I II alternative compliance with our obligations under the Construction and Maintenance Agreement with the County. Mr. Anderson stated subject also to review by Bond Counsel to make sure that it does not violate any of the indentures because the terms of the Indenture are made a part of this Agreement. Mr. Reinders stated the proposal is that we approve the early release, provided that we receive a revised certification letter from Agnoli, Barber, proper review by Bond Counsel and that we do not in any way violate the terms of our Construction and Maintenance Agreement with the County contemplating that the Developer will probably make alternative ? that would relieve us as a District of that direct obligation under that Agreement. On MOTION by Mr. Reinders seconded by Mr. Comeau with all in favor the Early Release of 8250,000.00 to the Developer was approved Subject to receipt of Revised Certification Letter from Agnoli, Barber & Brundage, Review by Bond Counsel and Subject to not being in violation of the terms of the Construction and Maintenance A~eement with Collier C.o.ur~'~ SIXTH ORDER OF BUSINESS Consideration o£Funding Request 9 Mr. Reinders asked are there s~ny questions on Funding Request 9? Mr. Baileyj MOTION by Mr. Reinders seconded by amount iwith all in favor Funding Request 9 in the ~$4,732.18 was approved Mr. Reinders asked is there any other business? Hearing none, is there a motion to adjourn? IOn MOTION by Mr. Bailey seconded by'Mr. Harris 'with~ all in, favor the meetin was adjourned at 1:00 A.M. J.~mes P. Ward -' Assistant Secretary 12 Thursday October 23, 1997 10:00 A.M. 1. 2. 3. AGENDA ItERITAGE GREENS COMMUNITY DEVELO~ DISTRIC~ 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of the Minutes of the August 18, and August 19, 1997 Meeting Staff Report~ A. Attorney B. Engineer C. Manager Supervisor's Request~ and Audience Comments Consideration o£ Funding Request 9 Adjournment Thursday October 23, 1997 10:00 A.M. 1. 2. 3. e AGENDA HRRITAGE GHEENS COMMUNITY DEVELOPMENT DISTRIC~ 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of the Minutes of the August 18, and August 19, 1997 Meeting Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Request 9 Adjournment Affh~vt~ of I~bLtM[ton I~pLo~ ~atLy #~ HERITAGE GREEHS CO~IHUH].TY DEVELOFIqENT DISTRZCT - J. UARD lO:~X) NIJ 11TH IIANO~ COl[AL SPRZNGS FL 3:3071 REFEREtiCE: 02776') S7577651 NOTICE OF FIEETZHG HE Stets of Irtortda County of 8afore the undersigned ~thorlty, perloMLLy appeared AngeLs Styles, vho ~fl olth l~),s that serves es Assistant Secreter7 of the KIpI. ds Ditty Col. tier County, FLorida: that the stteched of ~fverttstng vas published in said nevspeper on dates Listed. Affiant further sws that the said NipLes DilLy Heys is · nevspeper published et N~ptes, tn laid CoLLier County, Ftortda, end that the laid nevspaper has heretofore been published in said CoLLier County, FLortda, each day and has been entered es sacond class Mtter at the post office in N~Lee, in Mid CoLLier Count),, FLorida, for a period of 1 year next preceding the first publ, tcatton of the attached copy of edverttseeent; and affiant further says thaC she has neither paid not promised any persan, firm or coporatton dtlcount, rebate, ¢Ol11~11t(~ or refund for the purpose of securing this ~clvertlsasent for pubLication in the said PuaLzSHED ON: 10/16 AD SPACE: 52.000 ZNCH FZLED ON: 10/16/97 Signature of Affiant ~,~'/./ck.~.' S~orn to and Subscribed before PersonaLLy kno~ by me , .', 0120 NOTICE OF MEETING HERrTAC, E GREENS CO/V~IUNITY DEVELOPMENT D~TRICT Devek~ment N~rco, me4qlng I$ coati fo me ix~ilc ond w41! I)l 4uc~d In oco~GG,-~e w~ f.~v ~o~ 'Communffy Suo4f'vtsc~ v.411 alive ~ ~'e I M~J o rec~d M fhe C~'o. [ r~ecl lO tfls~e fl~M · vw- I baflm r. ca~cl M ~e ~ ' Ceedlnel Is mode, ~6 ~ !~ 1661 l °rntO oup 277 North Collier Boulerard · Marco Island, Florida 34145 (941) 394-5197 · Fax: 394-3156 1661 ,~ September 1, 1997 Mr. James Ward District Office 10300 N.W. Eleventh Manor Coral Springs, FL 33071 RESIGNATION OF OFFICER I, Raymond G. Harris, hereby tender my resignation as Board of Supervisor of Heritage Greens Community Development District, Raymond G. Harris IIII1~'~ ~--, :.~,--. Hi m l*k'l") IIIIII1~,^ T~ I IIII KI~J~t: L(~ & Iliillk'l~ II I Profcs~on3l cn.~ncc~s, ptu~ncrs & IJn(J October 16. i 997 Heritage Greens Community Development District Coral Springs. FL 33071 Re. Certification Letter of Fut~ding for Heritage Greens C.D.D ABB PN 7206/X002 Dear Sirs: I hereby certify by this Icttcr that tn this datc, the sum ofapproximat¢ly Two-Hundred Fifty Thousand Dollars ($250.000.00) is attticipatcd to remain available from thc Heritage Greens constmctioa/infTaStmcture budget. This is based on the attached "Exhibit A" At th. is time we do not anticipate any significant chaxgcs beyond those shown on the exhibit. therefore, it is our belief that thc expected final construction cost will gcncrally correspond to thc amount shown in the attached cxhibit Should you have any fi:rther question or comments please do not hesitate to contact the undersigned. Sincerely, AGNOL[, BARBER~UNDAG£ INC. )%jeer Manager. JGM/R. AV/jam ! 0-506j7.1tr. wpd Main Off%cc: 74(1(1 TamiJmi Tratl N.. SInK .'UU, Nag,es. Honda 341U~ · i¥4 J ) .n%t7 31 J l · )'.AN. tv.)J ) )th.z~u.) Lee County: lO2!; Hcndr¥ $c..i,,,:e I01, teotc bJvcn. Florida .;.1901 · tO4 It ;.14. I 1 ,".~. i:t~.% (o41 ! 334. I 175 -I C:: ;:::0 ITl ~ §ooo- o ~oo Heritage Greens Community Development District October 7, 1997 The Ronto Group 277 North Collier Blvd. Marco Island, Fl. 34145 Attention: Subject: Jack Solomon Heritage Greens Community Development District Fund Request Dear Mr. Solomon, The current funding requirement for the Heritage Greens Community Development District is necessary to pay the following. Pay Request Coral Springs Improvement District #001098 7/97 Postage/Copies/Fax #001174 8/97 Postage/Copies #001222 9/97 Postage/Copies/Fax/Books Manatron, Inc. #259345 Laser Checks Indian Trace CDD 9/97 Long Distance Faxes Naples Daily News # 1442968 Chapter 189 Board Meetings young, yum Asenderv #51 8/6-8/28 Representation Oar~ L, M0yer, P.A. 10/97 Fees $57.34 $17.84 $94.39 $424.71 $9.45 $58.20 $660.30 $3,409.95 Total Request: $4,732.18 Accordingly, it would be appropriate for The Ronto Group to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain, Heritsge Greens CDD 10300 NW 11th M~nor Coral Sprinp, Fl. 33071 Yours sincerely, Randolph O. White Director of Accounting · 1 5. PER.%iITS The following permits are required prior to the start of infrastructure construction: State of Florida Department of Community Affairs Development of Regional Impact appwval and Preliminary Development approval. Collier County zoning approval. Dredge and Fill by the United States Army Corps of Engineers. Florida Departrnent of Environmental Protection (FDEP) Water and Wastcwater. South Florida Water Management District Surface Water Management and Water Use. Environmental Protection Agency N'PDES. Local development orders (Collier County). Ail of the permits necessary to begin Phase 1 have been obtained. The District Engineer will certify that all permits necessary to complete Phase 1 have either been obtained or, in its professional opinion, v,-ill be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. 26 APPENDIX "An UPDATED ENGINEER'S REPORT FOR THE FIDDLER'S CREEK COMMUNITY DEVELOPMEN~r DISTRICT PHASE 1 PREPARED FOR: BOARD OF SUYERVISORS FIDDLER'S CREEK COMIVIUI~ITY DEVELOPbIENT DISTRICT ENGINEERS: HOLE, MONTES & ASSOCIATES, IN'C. 715 10TM STREET SOUTH NAPLES, FLORIDA :34102 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY, SUITE 275 ORLANDO, FLORIDA 32826 DECEMBER, 1996 27 1. LNTRODUCTION This report supplcments the original District Engineer's report for Fiddler's Creek Community Development District by providing a description of the Phase I improvements. The original Engineer's report includes a description and opinion ofcosts for the infrastructure necessary to complete the entire Fiddler's Creek project. The following updated supplemental report describes the infrastructure and opinion of costs necessary to complete Phase 1 of the project. 2. THE PHASE I PRO.IECT 2.1 The location ofPhase 1 is shown on Exhibit 1. The infrastructure construction within Phase I began in November 1995. Phase I is described in the original Engineer's Report and will be funded by the District through a bond anticipation note. Phase I will generally consist of the following: · Roadways · Utilities Earthwork and Clearing Stormwater Management · Roadway Lighting · Landsc~ng · Recreation, Parks and Security · Wetland Mitigation and Monitoring · Off-site Improvements A detailed description of each infiastructure category is shown in the original Engineer's Report. w:A1993\93132~w~a~nd~ ~N~ 28 ,~ ?/,~ '1 ' ~ .c, . I ~ , , ~, , FIDDLER'S CREEK COMMUNITY DE~LOPMENT DISTRICT . MM~I~~~~ ..... AND CURRENT ~ ~:~,, ,,, ,~ ~ ~ ~ ~ ~,~, - ~, ;,,,~ m'a" CONSTRUCTION~',/,, I~ , 2.2 2.3 Opinion of Costs An updated opinion of costs for Phase I is given in Table I. The costs shown are based upon thc Developer's contracts with the infi'astmc~e contractors and the Engineer's opinion ofcosts. The total cost for Phase 1 is estimated to be $15,100,000. A portion of thc infrastructure will be financed by the Developer with the remaining infrastructure to be financed by the District. Permits The following permits are required prior to the start of infrastructure construction: · State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval * Dredge and Fill by the United States Corps of Engineers · Florida Department of Environmental Protection (FDEP) Water and Wastewater · South Florida Water Management District Surface Water Management and Water Use · Environmental Protection Agency NPDES * Local development orders (Collier County) All of the permits necessary to begin Phase 1 have been obtained. The District Engineer will certify that all permits necessary to complete Phase 1 have either been obtained or, in its expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. w:\199:1\93 ll2~wtc~appendix .dc~ 3O TABLE I OPINION OF PROBABLE COSTS FIDDLER'S CREEK CDD INFRASTRU~ PHASE I Work Item Cost Roadway Utilities Earthwork & Cleating Stormwater Management Roadway Lighting Landscaping Recreation, Parks & Security Wetland Mitigation & Monitoring Off-Site Improvements TOTAL $2,678,000 2,128,000 5,575,000 460,000 320,000 3,082,000 466,000 28,000 363,000 S1:S,],00,000 w:A1993x93 u2~:~i~ .~ 31 Fiddl~r'q Creek ('ommgnif? D~dol~mes~ Di~ll~f ,,, Au~st 5, ~7 Gulf Bay CommuniOel 4~I T~i~i Trml ~o~h ~uite Naples, ~. 33~40 Atten~on: ~y ~N~o De~ Mr. ~N~o ~e cu~ent fun~ing requirem~t for the neees~ to pay ~e 1601 WoodwL-d. Plr~s & Lombm, do, 10 5/97 G~ R~mUon 142 I~ 1 7/30 Meetifl[ Notice f4-2~-4~28 6/18 ~ce f4-213.32~1 7/2 & 7/3 ~ce ~4-220-55316 7/I0 ~ce ln~ T~ce CD~ ~0 7/97 ~ng Dist~ce f~ ~ice ~ ~ M~er. P~ 8/~7 Fees TotAl Request: $612.33 $147.42 $49.25 $21.94 $10.97 $7.45 ~3,402.84 84,252.20 FIDDLER'S CREEK COKMUNITI~ DL*VELOPJa~T DISTR/CT 10300 N.W. 1 lth Mtnor Cord 8prinp, FL 33071 Accordingly, it would be appropriate for Gulf Bay Communities to fund these items at your earliest convenience. Thank you for your attention to this matter and al'you have any questions, please let me know, In the meantime, I remmn. Yours sincerely', Randolph G. White Director of Accounting Fiddler's Creek Communi? D~elopment Dbtrict , 9/E5/97 Gulf Bay Communities 4001 To. miami Trml North Suite 3SO Naples, Fi. 33940 Attention: Anthony DiNardo Dear Mr. DINardo The current fund:n8 requirement for the Fiddlers Creek Community Development District is necessary to pay the followms. Pay Request #16 f4-233-68622 7/23.7/30 Service #4-249.42524 8/S & 8/15 Service ~4.25T. 19126 8/l ! & 8/14 Service ~4.264.06698 8/19 Service Weo4w~r¢. Ptres& Lombtrdo, P,A. ~ ! ! 6/97 Representation # 12 7/97 Representation (~try I~. Mayer. P.A. 9/97 Fees ~,,pr&l serlaH lm~2rovement Dtstrfct #000984 Postase/¢opies/Books Hole. Montes & Assochtes #31 Attend Meetinf/Review Contracts & Requisitions Naples Daily NqwS f 1431482 8/27 Meeting ~otice Ipdlan Trtce COD eOT<) 8/<)7 Long Distance Fax Service Total Request: $106.65 S21.50 $21.50 S8.75 $1,775.91 S3,026.85 $3,391.35 S55.55 ,$636.75 $7.45 $9,115.26 FIDDLER*8 CREEK COMMUB37T DEVELOPMENT DISTRICt 10300 NW llth Manor Coral 8prblp, lq. 33071 AccordtngJy, :t would be appropriate for Gulf Bay Communities to fund these :tams at your earhest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meant:me, I remmn, 1 6Gl qq Yours sincerely. Randolph O. Wh:te Director of Accountm8 O0 I ! I I I ! ! 000 0 0000 0~0 0 ~00~ 0 O~ P~'~ cO0 0 O0 00~ ~ 00~ 0 · c~ ! ! ! I I 0 O0 IlO .!, I-- · 0 · Z Z) 16GI~U 2' Ol- el, 0 · m, OPINION OF PROBABLE CONSTRUCTION COSTS Table 2 presents a summary of the totals of probable costs for the District infrastructure. A portion of the infrastructure will be financed by the Developer with the remaining infrastructure to be financed by the Distric:.. The updated report shows revised probable costs for Phase 1 improvements. The cos~ reduction for Phase 1 has been prorated as a contingency in Phases 2, 3, ,1 and 5. The grand total will remain as originally reported. Table 3 provides opinions of probable costs for the individual components of the District infi'astmcture for roadways; utilities (water, wastewater, and irrigation); earthwork and clearing; stormwater management; roadway lighting; landscaping; securi~'; wetland mitigation and monitoring; and off- site improvements. The sub-total cost in each category includes an opinion of cost with a I5 percent contingency. The Phase I cost is in 1996 dollars, The costs for Phases 2-$ contain an annual inflation factor of 5% from 1996 dollars to date o f completion (inflation figure provided by Fishkind 8: Associates). To the subtotals, 15 percent technical services are added which includes the planning, land surx'eying, engineering, environmental permitting, architecture and landscape architecture services necessary for the design, permitting, and services during construction for the District infrastructure. The costs do not include the legal, administrative, financing, operation, or maintenance services necessary to finance, construct, and operate the Dis:rict infrastructure. 15 §~.~ oO°o I~1 ._ ~~ z L2.1 I-- I.IJ Z 0 0 O 0~- 0,,, O0 Om Z Z 0 0 ILl 0~- O~ 0,,, O0 Z~ Z Z 0 0 Z 0 or~ OL~ O0 Z 1661~! I.- Z Z 0 0 Z~ ~ Z~ ~ w 0 u~O 0 Ok- _~n,' 0 cow I-- On u.~ Ow 0 LIJ ILl ~ Z ~-~ (JO~ 0 w~ O0 9 o TABLE OF CONTENTS SECTION 1. 2. 3. 4. 5. TABLE 1 - TABLE 2 - TABLE 3 - INTRODUCTION DISTRICT BOUNDARY AND PROPERTIES SERVED PROPOSED DISTRICT INFRASTRUCTURE OPINION OF PROBABLE CONSTRUCTION COSTS PERMITS PAGE NO. 1 5 10 15 26 TABLES LAND USE SUMMARY 3 SUMMARY OF OPIN'ION OF PROBABLE COSTS FOR THE DISTRICT INFRASTRUCTURE 16 DESCRIPTION OF DISTRICT INrFRASTRUCTURE COMPONENTS AND OPINION OF PROBABLE COSTS 17 EXHIBIT 1 - E)U-tlBIT 2- EXHr~IT 3 - EXIimITS LOCATION MAP DISTRICT BOUND~Y AND PROPERTIES SERVED PUD ZONING AND CURRENT CONSTRUCTION APPENDIX "A" 2 6 7 27 W:~1993\93132~13203'~GREl~I203.DOC ii lllll II I III III I I I II III I I I I I I I I IIIIIII III II II III I I I - ' INTRODUCTION 1.I Description of the Fiddler's Creek Community Fiddler's Creek is a proposed 1,389.77 acre residential community located in Naples, Florida within Collier County, Florida (See Location Map-Exhibit 1). The community will be fully amenitized and will offer a maximum of 6,000 residential units including single, family detached, patio and zero lot line, duplexes, single-family attached and townhouse, and multi-family dwellings; commercial areas; two 18-hole golf courses; a stormwater management system; wetland preserves; full utility infrastructure; landscaped roadways; gated entries; and landscaped perimeter berms. A land use summary, is shown in Table 1. A Community Development District (herein called the "District") is proposed for Fiddler's Creek to construct, operate, and maintain the necessary infrastructure to service the community. The community will be developed in phases in response to market demands. Five phases of major infrastructure construction are anticipated. Construction of Phase I began in December 1995 and consists of infrastructure to support approximately l, 100 residential units, exotic removal, and excavation ora portion of Fiddler's Creek which will be a marsh buffer and spreader swale system. Phases of subsequent construction will continue through year 2003 when the community is expected to be completed. The expected phasing is as follows: EXPECTED YEAR PHASE OF COMPLETION I 1997 2 1998 3 1998 4 2002 5 2003 N.T.S. W.T.C. ~ 313,2~XN1 FIDDLER'8 CREEK COMMUNITY DEVELOPMENT DISTRICT 715 10~ SItNt S. Nop~s, ~ ~13~ - ~: (~41) 2~-M17 TABLE I LAND USE SUbIbfARY ~S~ENT~ 541.78 39.0 CO~RC~ 33.62 2.4 P~ i 3.67 1.0 FC'S GOLF CO~CL~/M~'i~N~CE 141.60 10.2 CL~ CENTER 11.00 0.8 CO~~ FACILI~ 6.03 0.4 ~GHT-OF-WAY 82.08 5.9 P~SERVE 243.37 "17.5 L~S 152.81 11.0 F~DLER'S C~EK 82.55 5.9 ~SC. (Op~e~) 81.26 5.9 TOT~ ,. 1,389.77 100.0 1.2 Purpose nnd Scope of the Report The purpose of this report to provide a description of the Fiddler's Creek community and the District which will serve the cortununity; the capital improvements to be constructcd and financed by the District; and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and asscssmcnt methodology will be developed by the District's financial advisor. This updated r--pon shows revised probable costs for Phase I improvements. The Phase I costs are less than the original report due to bidding efficiencies and reduced contingency expcnses. 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit 2 delineate~ the proposed boundaries of the District. The District is surrounded by residential, preserve, agricultural, public and undeveloped land uses including U.S, 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses to the east; state preserve lands to the south; State Road 951, Port-Au-Prince and Woodlakc Mobile t[ome Parks to the west; and undeveloped and public lands to the northwest. 2.2 Description of Properties Sen'ed The District is located in Sections 11, la, 15, 22, 23 and 24, Township 5I South, Range 26 East, Collier Count.,,', Florida. The District boundaries are under the ownership of 951 Land Holdings Joint Venture. The existing land within the District consists of fallow agricultural fields, wetlands, and forested open space. The terrain is fiat with elevations ranging from I to 6 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations ma.,,' drop 2 to 3 feet. The entire property within the District is zoned "Planned Unit Development"(PUD) and is depicted as such on Exhibit 3. 5 0 0 ,..~ 0~'< ..J Z ,,~ FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICT ~ DI T ~: ~'' /J ml~i~'l'~,'"""~~'"nv'¥°"' I AND I ~ I ,,,,~ 0 0 0 UJ O< 0 FIDDLER'S CREEK COMMUNITY DEVELOPMENT H ~e~ IdONTE~ ~ A~OCIATE$ 715 10lb DISTRICT PUD ZONING AND CURRENT CONSTRUCTION 2.3 Existing Infrastructu re The District is located within the Collier County Water-Sewer District which will provide water, wastewater and irrigation water services to the project. The Collier County Board of County Commissioners serve as Ex-Officio governing board of'the Collier County Water-Sewer District. Potable water for the project will be provided by connection to and extension ofexisting County Water-Sewer District water mains. There are existing water mains located along U.S.41 to the north. State Road 951 to the west, and existing Championship Drive and Ma~ott Club Drive within the District. The mains range from S :o 12 inches in diameter. Potable water will be provided by the Collier County Regional Water System. Wastewater from the communit3.' will be collected within the site and transported by force main to Master Pump Station 3.16 of the Collier Court .ty Water-Sewer District. The wastewater is then pumped via force main to the South County Regional Wastewater Treatment Facility. Irrigation water service :','ill ultimately be provided by the County Water- Sewer District as reclaimed water becomes available from the South Count' Regional Wastewater Treatment Facility and fl',om the proposed stormwater irrigation utility. Until the County 'Water-Sewer District is able to provide adequate reclaimed water from the South County Regional Wastewater Treatment Facility (and. if necessary in the ~ture, to supplement the sen'ice), 16G1 ,mi on-site irrigation water storage and pumping facilities will also be provid~ by the District. The District is located within the Mcllvane Bav watershed. Existing runoff from the District flows overland to state preserve lands to the south. The preserve lands discharge into Mcllvane Bay which is a tidal system. The District is adjacent to two major roadway arterials including U.S.41 to the north and State Road 951 to the west. The District will have three major connections to these arterials. The District is located within the franchise areas of Flor/da Power and Light, and Sprint United Telephone Service. Cable se:'vice is available from a number of qualified suppliers. These utilities are expected to provide electrical power, telephone service, and television cable to the District. In summary, all utilities are available to the property or will be during the development of the infrastructure. 3. PROPOSED DISTRICT INFIL.~STRUCI'URE 3.1 Summary of the proposed District infrastructure The District infrastructure will generally consist of the following: · Roadways · Utilities · Earthwork and Clearing · Stormwater Management · Roadway Lighting · Landscaping · Security · Wetland Mitigation and Monitoring · Off-Site Impro.`'ements 3.2 Roadways The roadways within the District will consist of 2-1ane undivided and 4-1ane divided sections. The roadways ,.','ill scn'e the various land uses within the District and will connect to existing public roadways which border the District. The roadways .`,.'ill be constructed within platted rights-of-way. It is currently estimated that 11 miles of roadway ',,,'ill be constructed. The roadways will be constructed of stabilized sub~ade. Iimerock base, asphalt paving, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways :,.'ill be designed and constructed in accordance with appropriate Collier Count' and PUD Standards. I0 ~ ~ iii iiii i i , ,1 1, ,mil iii i i iI IIII II iiii i 11 I IIIII III I II II 1 6(31 3.3 Utilities The utilities within the District will consist of potable water, wast~,/ater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water-Sewer District and Florida Department of Environmental Protection standards. It is anticipated these facilities will be conveyed by thc District to the Collier County Water-Sewer District by the District for ownership, operation, and maintenance after completion of construction. The potable water faciiities will include distribution mains with required valving, fire hydrants and water sen'ices to individual lots and development tracts. Connections to the existing County system will be made at State Road 951 to the west, U.S.41 to the north, and to the existing water main along Championship Drive within the project. It is currently estimated that 52.500 lineal feet of water main will be constructed. The waztev,'ater facilities will include gravity collection mains with individual lot sewer sen'ices, collection system pump stations, and force mains to connect to the existing Collier Count>,.' system at Master Pump Station 3.16 which is located in the northwestern extremity of the development. It is currently estimated that 17,000 lineal feet o£gravity collection system. 42.000 lineal feet of force main. and 12 pumping stations will be constructed. The irrigation system will include im'gation water storage lakes in which water from on-site lakes and:or reclaimed water can be stored; an 11 irrigation pumping facility; and irrigation transmission/distribution mains with services for lots and development parcels. Initially on-site lakes will be used as an irrigation source until reclaimed water-stormwater becomes available. The irrigation pumping facility will deliver irrigation water to users within the District. It is estimated that 55,000 lineal feet of irrigation transmission/distribution main will be constructed. 3.4 Earthwork and Clearing Stormwater management lakes within thc District will be excavated and the material will be used for fill of roadways, perimeter berms, goifcourse co~tmction and development tracts. It is necessa~' to fill these components to provide minimum finished elevations for typical storm events and flood protection. Thc lakes will be excavated in accordance with the size and depth requirements of Collier Count.,,'. South Florida Water Management District and the Deltona Settlement Agreement. Approximately 270 acres of lakes will be excavated resulting in 6.2 million cubic yards of fill which will be used to complete roadways, bcm~s, development tracts and the golf course. 3.5 Stormwater Management The District stormwatcr management system will consist of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff fi-om the areas within the District will be collected and transported to the stormwater management lakes for water quality treatment and water quantity storage. The 12 stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. The stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatm~t, water quantity storage and flood protection. 3.6 Roadway Lighting Street lighting will be constructed along the roadways within the District. Lighting poles will be spaced approximately every. 200 Feet along the 4- lane sections and every 150 Feet along the 2-lane sections. It is currently estimated that 300 poles will be installed. Single or double luminaries xvill be installed as required. 3.7 Landscaping Landscaping will be provided for the roadways, perimeter berms, and District entrances. The landscaping will consist of sod, annual flowers, shrubs, ground cover, littoral plants, and trees. Existing native vegetation will be worked into the landscape plan where possible. 3.8 Securit}* Security for the District will be provided with guardhouses at the main entrances, perimeter berms, walls and fences, and electronic security. The manned guardhouses will control access to and through the District. The community will be further secured by a combination of perimeter berms, walls, and fences. These facilities will all be landscaped to blend into the environment. Special facilities such as remote security cameras and 13 sensors may be utilized in the most exclusive areas to alert District security personnel to unauthorized entry. 3.9 Wetland Mitigation and Monitoring The Wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones, removal of exotic plant species and enhancement of wetland hydropefiods with/n the wetland preserves and wildlife management area. 3.10 Off-Site Improvements Off-site improvements will include the construction of turning lanes, and signalization at State Road 951 to the west and U.S.41 to the north. I4 ~gi~acLo~ s~eccm ev&~uac~ ~LcAI~ :~r~y days o~ co~tracc c~n~emenc, and ~11~ ~rcv~d~ c~nc wlca a ~:opc~al for Tree an~ Shrub in Select Pro~jram', and ~dcerIall ~ra~u14r ~octic~eS ~'ld ~.tcf:r*.elf, o: l~-p au.-, GO~ a~d~oz' va~daLis~ a~d an? ~::k ;erf:.~,..c~ ~1 be ¢o~le:~ o= a ~. '~it~ ~a~e th~y (30} days O&X$ pd),m*,~flCm ',~.".~n due am '-,'~Lcace4 ',(L~:',,t:t :.~Lo A']?,e.,r.~nt. car. ven~ence to :~,a Ct, lent, upc.-, ccr~.:rac: ce.*~.,:~ac':~n, K:.c."'.ael/TO'~d., C'n a,~ =:curre:.c:e be. ate a::-~ GuSt: a ~::21 .~C." (-"" ......J., ta :a G [[ [ [ ........... [[[mn[ I I ~X Lr, CT ~RC~RA~ :ncluded F1 :'~cr Plantin9 T&M Include~ · Per B;d & ~;~c~ ct~r~ cf ~ :/2 ~ ~er ~:~. FIDDLER,S CRI~I~K COMMUNITY DgVELQPMENT DISTRICT 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (941) 434-2030 FAX: (941) 434-6763 TO: The Night Shift 2801 .~0'~ St. S. ~. Naples, Fl. 34116 CONTRACT ORDER NO. 1097-I03m This number must appear on all Invoices. packages and shipping papers. Date September 18, 1997 F.O.B. n/a PROJECT: Gatehouse cleaning Services at Fiddler's Creek. Routin~ Term~ n/a monthly peliverv Required n/a DESCREF~iON TOTAL Cleaning services to be performed at the Gatehouse within Phase IA. ~ Fiddler's Creek Parkway. Services to include trash removal, dusting, i SI5.00 per Cleaning all bath and kitchen fixtures, cleaning sliding glass doors, service sweeping, and mopping. Services to be performed twice weekly. This is a month to month contract only, beginning October i. 1997 for no longer than 3 consecutive months. C£.NF..RAL CONDITIONS OF THI.~ CONTRA£'r ON REVER.'iE SID[: '~--*-~- Both parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: The Night Shift Fiddler's Creek Community. Development District Order Accepted By By. Date Date ATT THE NIG tT SHI IERRY MA IL~',A.R,O 6117/"97 GIJLIr B^Y DEYELC)f"~E~T PLEAS~ FTND TH~ FOREGOING CLEANrNG PROPOSAL FOR ~.oLrR PERUSAL THE FOLLOW~;O ~ERV1CES TO BE PERfOrMED Wl~ ~E G1;ARO NOLr~R OF ~ ~DDLAR'R C~ DE~OP~NT .SERVIC~..S WILL BF PF, RFO.Q,M:ED TWI("F WEEKL,~ Fa, CH SERVICE c"N-~RGE WLL: B~ S:~ ~ Al & WEEKLY TO1'AL OF $~n C.q SHOUI,D YOU I.f^vF ANY QU"EST1ONS OR C'ONC'ERN$ WTT)! IL~G,~RC~ TO T'.~ZS ~'ROPOSAL, PI, F, ASE FEE: ;RF..E TO ('OKT&CT ~,t¥SEL, F ,~,I' MARILEE VA'~'ri%T CC' Mark Srr~n FIDDLER'S, CREEK COMMUNITY DEVELOPMENT DI~TRICT 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (941) 434-2030 FAX: (941) 434-6763 TO: AM/PM Window Cleaning 9045 King Road West It. Myers, Fl 33912 CONTRACT ORDER NO. I097-104m This number must appear on all Invoices. packages and shipping papers. Date September 21~ 1997 F.O.S. PROJECT: Gatehouse window cleaning services at Fiddler's Creek. Routine tva Terms m0nthlv D~liverv Required D£SCR~iiON Cleaning services to be performed at the Gatehouse within Phase IA, Fiddler's Creek Parkway, Services to include removal and cleaning of all screen's, all interior and exterior cleaning of windows and sliding glass door~, all window and door trays will be swept and cleaned. Services to be provided under this contract once per month. This is a month to month contract only, beginning October I. 1997 for no longer than 3 consecutive months. TOTAL $ 40.00 per Month. Both parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: AM/PM Window Cleaning Fiddler's Creek Community. Development District Order Accepted By By. Date Date ~*--~A M/P M ,. "We l~p You ~htnm~ B~ht Pay and Ni~h~' ~ccn~d · Insurcg l .~00-S40-66~ (941) 267-3165 We hereby submit estimates for: Wirlow ~.~anin.v, Maintcn.m'c Optio. # I Clcuniu$ all w. indow, inside and out on n ~ [ ~ Included: All interior anJ e~tcrior window tr~ys arc sss'er,: and ck",ncc! option #2 Clcanir.$ ali windows outside only l.cludcd: All .~recn's are ramovcd ar.d clout, cd. Signatule: ~ ' , t FIDDLER'S CR~Et~ COMMUNITY DEV£LOPMEHT D]~TRICT 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (94 I) 434.-2030 FAX: (94I} 434-6763 TO: Litter Control, Inc. .$81 2Jnt Street N. W. t Naples. Fl $4120 CONTRACT ORDER NO. I097-I05m This number must appear on all [nvotces. packages and shipping papers. Date September 21, 1997 F,O,~, PROJECT: street sweeping services at Fiddler's Creek. Routine n/q Termt monthly Delivery, Required n/a D ESCRI~iON , TOTAL Street sweeping services to include power sweepping Fiddler's Creek t 5285.00 per Blvd. from 951 to the intersection with Club Center Drive; Club Center! service DHve from Fiddler's Creek Parkway to the Golf Club at Marco; Mulberry Lane from Fiddler's Creek Parkway to the current Intersection of Championship Drive. Services to be performed once per week on either Thursday or Friday, subject to weather as directed by District personnel. This is a month to month contract only, beginning October I. 1997 for no longer than 3 consecutive months. GE.NER.%L CONDITIONS OF Tills CONTRACT O.X REVERSE SlOE .... Both parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: Litter Control, Inc. Fiddler's Creek Communi~ Development District Order Accepted By. By Date Date PROPOSAL Ard ~qulbcrrff Row-+o S~op ..O,.~n. ~ ooo,~ UPDATED ENGINEER'S REPORT FOR THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT PP~PAP~D FOR: BOARD OF SUPERVISORS FIDDLER'S CREEK C01VLMUNTFY DEVELOPmeNT DISTRICT ENGINEERS: HOLE, MONTES & ASSOCIATES 715 I0TM STREET SOUTH NAPLES, FLORIDA 34102 FINANCIAL ADVISOR: FISHXIND AND ASSOCIATES 2424 RESEARC'H PARKWAY, SUITE 275 ORLANDO, FLORIDA 32826 DECEMBER, 1996 September 24, 1997 .]. ~) G 1 Commissioners or governmental entity organizations like that will want to take issue with that or will take it to the Legislature. In the next month or so there may be a need to do letter writing to the various legislators and I want to know if I have the Board's author/zation to write such letter, if that happens, asking the Legislature to change that part of the Sunshine Law to provide for those types of Attorney/Client Priv/leges. Mr. Petty stated what you are saying is any conversation you have now with any member of the Board or Staff'is not covered. Mr. P/res stated this is fine. Mr. Petty stated if they were to call you about an issue at your office. Mr. Pires stated that is not privileged. Mr. Petty stated that may become public. Mr. Pires stated that is correct and any conversation with the Manager because the Manager is not the client under the Attorney General's Opinion, the Board is. Mr. Petty stated they can only sit as a Board in a public meeting. Everything that happens is open to the public including discussions with its Attorney. Mr. Pires stated discussions with the Board are not privileged except for those very narrow situations when you have a closed-door session under the guidelines for settlement negotiations or litigation strategs' or defense strategy. I would like to have the consensus of the Board to have that authorization if it does come up during the next month or so. Mr. Riegelhaupt stated I am not clear on that. Authorization for what? Mr. Pires stated I need to write :~ letter urging support of legislation as a government entity attorney to allow for the Attorney/Client Privilege when having those kinds of discussions separately. I just talked to Mr. Woodward on the phone about a topic that should be privileged in nature. In his capacity as a Board member, at some point in time down the road if somebody ~vants to engage in litigation, they could require him to testify as to what occurred. Mr. Mullins stated I think we should write letters because there are some things that we want to bring to our Attorney in confidence for clarification if for no other reason. Mr. Pires stated some people say' an Attorney General's Opinion is like having an attorney's opinion and courts ~-ill probably pay attention to that and newspapers will probably start litigating that. We do not need a motion. 5 September 24, 1997 Mr. Mullins stated we can say there is a consensus of the Board to give direction to the Staffto write whatever letters pertinent to this issue are required. Mr. Pires stated that is all I have for you this morning. Mr. Cole stated two months ago at the last meeting, it was brought up to give a copy of the updated Engineer's Report to the Board of Supervisors. This had previously been done in December of 1996 which was part of the documents that had been done long ago. I did make a copy for everybody. The question last time was, was there something that had been prepared that detailed what was in the .District in what is considered as Phase 1 and it was prepared in December of 1996. The thicker document is the total C.D.D. as it exists now. The thinner document at the back is for just Phase 1 starting on page 27. As far as status of construction, we are proceeding as I previously reported over the past several meetings. What is in yellow which is from the end of Phase lA up to Mulberry Lane and then up Mulberry Lane to the existing Championship Drive, that is almost 98% complete at this point. We are about to have all of the utilities accepted and conveyed to the County and all of the documents have been prepared and are at the County waiting for final signoff by the Department of Environmental Protection. The utility items will be conveyed from the Developer to the District and from the District to the County all in the same day. This is what comprises Unit 1 and Unit 2, the plats for Fiddler's Creek Phase lB, Unit 1 and Unit 2. The Unit 3 plat will be everything that is left in orange. That is the remainder of what is being constructed now. What you have between the yellow and the orange is what is considered thc: Phase 1 project. It is anticipated that by the end of the year we will be substantially completed with everything that is remaining which is what is in orange. Phase I is split into three units. Mr. Pett. y stated you said that there have been some minor changes to as- built conditions versus projected. Mr. Cole stated no. Mr. Petty stated the basic report that came out in 1996 is still current. Mr. Cole stated that is correct. Mr. Riegelhaupt stated one of the issues that came up last time was the question of what was in the District and what is in the individual POD's. Take page 13, 3.7 Landscaping. This section is a general description of the landscaping project. From what I understood, individual POD's will have their own 6 landscaping the course of' which will be attributable to the POD versus the District. Mr. Cole stated that is correct. Mr. Riegelhaupt stated that is the kind of' information that isn't in here from what I can see. It is that differentiation that we are looking for so that finally there is a document that says this is what the District pays for and this is what the POD, the individual housing development pays for. Mr. Strain stated it does do that. "Landscaping will be provided for the roadways, perimeter berms, and District entrances." That is it. If it is inside the .'POD, it is not in public right-of-way, it is not on a roadway, it is a private driveway for example, not a roadway. Those issues that are here are what the C.D.D. is paying t'or. Mr. Cole stated another thing is in the plats. The roadways which are going to be C.D.D. or designated as such, the roads that are private are designated otherwise. Mr. Pires stated the District does not pay for those streets. Mr. Mullins asked does the plat show what pertains to the District in terms of a boundary? Mr. Pires replied what there might be for example on roadways is a reservation for a roadway and that is assigned to the District for the major roadways. If it is an internal roadway like one for the condominium or villa projects, that internal roadway is private and it reflects that on the plat. Mr. Mullins stated that is important because I recall that certain elements on plats actually, were designated as belonging or under the control or maintenance responsibility of a master association or in this case, the District. Mr. Pires stated that is correct, the District doesn't have any ownership or maintenance responsibilities but there are easements that the District has acquired and/or ingress/egress rights that the District has acquired, the roadways when we get Bills o£ Sale, reservations, grants of easements or other documents conveying those facilities. That is paid for by the project and I think what Mr. Riegelhaupt was saying is that the term roadway in an engineering and development term means a major thoroughfare not internal streets. Mr. Riegelhaupt stated I think one thing that ,.'ill clarify it, for instance using this paragraph as an example, I would suggest putting in "Landscaoing will be provided for the C.D.D. roadways" because roadways cover anything trom a walking path to a road. That sentence is very broad and if you specifically say . September 24, 1997 that landscaping will be provided for the C.D.D. roadways, perimeter berms and District entrance, that whole thing becomes much more clear legally. Mr. Strain stated it doesn't necessarily mean what you are thinking. The C.D.D. could provide landscaping to other portions of the project that won't be listed there depending on if there are easements granted to the C.D.D. to provide landscaping and maintenance in those areas. You are trying to narrow it down and the opposite effect is what may be best for the community to have a broader brush so they can go into communities that need improvements and make the improvements without being restricted by language like that. .' Mr. Riegelhaupt stated I don't think we are trying to restrict it, I think we are trying to clarify where the money is going. Mr. Pires stated I think part of it that will help is when there is a discussion and the Engineer discusses what the roadways are, turning to page 10, Roadways of the District, Two-Lane Undivided. This Engineer's Report relates to solely District projects so if there is something that is outside of this, we won't be doing landscaping outside the scope of any District projects. It is implicit. Mr. Olson stated anything else would be done by separate contract. Mr. Cole stated when we do a plat, for instance, the Phase lB, Unit 1 plat, the only thing that is platted for the C.D.D. is the right-of-way of the road and landscape areas surrounding that road and that is something that is reviewed on a plat by plat basis by the District's Attorney to show conformance with what has been set out for the District. For instance, POD 50, on the plat it just shows the future development tract. That is excluded from anything the District would be maintaining. Mr. Pires stated also the Engineer certifies each and every time there is a requisition for any payment or a conveyance that they are District facilities that are part of the project described. Mr. Mullins stated the suggestion to specify these as C.D.D. roads ';s not necessary in your opinion. Mr. Pires stated I don't believe it is necessary within the context of the Engineer's Report. Mr. Riegelhaupt stated if the Engineers and the Attorney and the Developer adopt this concept and this kind of document, that is fine. Mr. Mullins stated I agree with you, I like it a little more specific but I understand. 8 Mr. Cole stated to clarify another thing, in Tract 50 there are lakes and the District does have maintenance responsibility o£project lakes and for instance one of the contracts you may have approved is for maintenance of lake vegetation so there are rights that are dedicated on the plat concerning maintenance of C.D.D. items that may be within a private development POD but we are not maintaining the roadways, we are maintaining the common areas. Mr. Mullins stated those lakes are typically conveyed? Mr. Pires stated if they are an integral part of the backflow water management system, they are integral to the overall District water management · 'system and the District would obtain an easement to operate and maintain those lakes. Mr. Petty stated what may bring some clarity is when the contracts go out, they will be specific to roads and lengths of road probably and the lakes will be named and there will be a map drawn so that these people can bid on those lakes and I think that gives us that in-depth description that the Board is looking for and those contracts will come to the Board for their review and approval. I think you will have that history because things are apt to change from time to time and as the contracts get modified, you will get that detail level. Mr. Mullins asked what is the criteria for naming the lakes? Mr. Riegelhaupt stated as an aside to that question, I have built very large reservoirs and dams, etc. and the lake is usually named after the stream. For instance, I built Lake Anna, the largest lake in Virginia for power plant cooling, and it was named after the North Anna River. Mr. Petty stated it is an interesting suggestion. The lakes to my knowledge are named A, B, C etc. Mr. Cole stated that is all I have. FOURTH ORDER OF BUSINESS Supervlsor's Requests and Audience Comments Mr. Mullins stated we will have Mr. Olson's comments now. Mr. Olson stated there was a question at the last meeting about the Capital Projects Fund that Mr. Ward was going to get us an answer for. There was a discrepancy of about $13,000.00 and he was to let us know why there was that difference. Mr. Petty stated I have not been provided any updated information by Mr. Ward. 9 September 24, 1997 Mr. Olson asked will you make it a point that we get an answer on that the next time around? Mr. Petty replied I will. Mr. Mullins stated let it be so noted in the Minutes. Mr. Olson stated the next question I have is they were going to get us a time line on when the next series of bonds are going to be issued. That was also Jim Ward. Mr. Strain stated in defense of Mr. Ward, he won't know that at this point because the projects parameters and direction of phasing and so forth are still .'under discussion by the Developer and that has to take place before the next bond comes out so we are still a little way from getting that finalized. Mr. Olson stated Mr. Pires was going to get us a time line. On page 13 it says, "Mr. Pires stated I think what might be best ifyou make a copy of the project description..." and that is what this is. The rest were accounting questions. The Budget that you have slated for Board of Supervisors fees doesn't match with what we have done this past year. We haven't had three or four meetings this year. That is under Revenue and Expense Statement for Period Ending July 31, 1997. Another thing we talked about when we started was some kind of insurance policy protecting the Board members. One of us requested a copy of that and I don't think we ever did get copies of the insurance policy for the C.D.D. Mr. Petty asked do you mean the General Liability and Directors and Officers Liability coverage? Mr. Olson replied yes. Mr. Petty asked are you looking for both or more for the Directors and Officers Liability coverage? Mr. Olson replied the D & 0. Last, the question that I have under Investments-Construction, $7,194,301.00 on the last page, do you have a list of the contractors? Mr. Strain responded I am going to give you a summary list of both the construction end of it as well as the maintenance of it. Mr. Olson asked does it show where those dollars are being spent? Mr. Strain replied that is done every month. I just send it to Mr. Ward's office and never bring it to the meeting but I will bring it from now on. Mr. Olson stated that is all I have. Mr. Mullins asked is there anything from anybody else? What I suggest, Mr. Petty, is that you report on those elements at the next meeting under' your September 24, 1997 report so that we have a way of tracking them and making sure that they get on the agenda, at least on your reporting agenda. Is there anything from the audience? Hearing none, we will move to the approval of the Funding Requests. SIXTH ORDER OF BUSINESS Approval of Funding Requests No~. 15 & 16 Mr. Mullins asked are there any questions or comments Funding Requests Nos. 15 and 167 On MOTId'N by'"'Mr. O1~n se'c°nd~d-by Mr.' Woodward with ail in favor Funding Requests Nos. 15 and 16 were approved. , , , , , regarding SEVENTH ORDER OF BUSINESS Adjournment Mr. Mullins stated before we adjourn, I have a final comment and that has to do with the location of our meeting. Today we are at Fiddler's Creek. Is this the appropriate place to come? Should it be downtown, is there any criteria? Mr. Strain stated the Developer has made this available to us today but is not something that the Developer would prefer to do. It is the Developer's office and generally with the number of people that could attend the meetings, it would not be convenient. We are planning to get back into the public space that we had used to allow for more attendance by the public. Mr. Mullins stated typically we will be meeting where we have been meeting. Mr. Strain stated that is correct. Mr. Petty stated I believe we have advertised that location for the coming year. Mr. Mullins stated if there is nothing further, a motion to adjourn the meeting is in order. io'n MOTION by Mr." Ri~ll4'~upt"~conded by Mr. Ols0'n[[ with all in favor the meeting was adjourned at 10:30[ Paul Riegelha .up~' Assistant Secr~t~ry Cha,rmank~ 11 Wednesday September 24, 1997 10:00 A.M. 1. 2. lt. AGENDA FIDDI.ER'S CP~EEK CO~L%Fu'NITY DEVELOP~[ENT DISTRICT Fiddler's Creek Sales Center 8152 Fiddler's Creek Parkway Naples, Florida Roll Call Approval of the Minutes of' the July 30, 1997 Meeting Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Funding Requests Nos. 15 & 16 Adjournment 16Glo! F[DDL£~'S CREEK COMMUNITY DEV. DISTRICT - GARY MGY£R 1C300 N~ 11T~1 MAteR CORAL SPRJt~$ FL 33071 Affidavit of Publication Naples Daily News REFERENCE: 052.101 575633T3 Notice Of Nearing Fi State of FLorida Co~ty of Collier Before the u~derstgned authority, personally appeared B. Loeb, who on oath says that she serves~ as Assistant Ccrporate Secretary of the Naples Daily News, a CaiLy newspaper published at ~ples, tn Collier County, FLorida: that the at:ached copy of advertising was published Jn said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at HapLes, tn sa~ Collier County, FLorida, and that the said newspaper has heretofore been continuously I~blished tn said Collier Count~, FLorida, day and has been entered as second class ~aiL matter at t~e l~St office in Naples, tn Collier County, FLorida, for a ~erio~ of 1 next preceding the first pubLJcaticn of attached col~/ of advertisement; and affiant further says that she has neither paid promised an~ person, firs or cci:oration any discount, rebate, commission or refund for :ne purpose of securing this eclvertise~ent for publication in the said newspaper. PUBLZS~£0 ¢,: G'9/17 0120 =mc;m: b~ 24, t997 ~t IO-J[X) ~ Center, 1152 Flddler's F:~ark~. TBa ~ Is ~1~ A ~ of ~e ~ ~ M~, I03~ ~ by ~. At ~e ~e ~ ~ ~ I~. ~ ~ fully In- ~1~ ~e e~ In ~. ~ ~ by ~l~ cam- Any ~ r~V ~ 7~0 ~ ~ five c~- e~ ~ ~1~ to ~e E~ ~ ~o ~ld. es ~ ~ ~ decl$~ re~e~ ~ ~ m~er ~lld~ed ~ ~ me.hQ I~, ~e ~r~n mov ~ ~ e~e ~ a v~. ~m ~ ~ ~e ~ i~lualng ~e teS,~v ~ ev~e ~ ~D~ 17 F~. t0633~I AD SoACE: 68.0C0 PiCH F/LED O~l: 09f17/9r Sworn to and Subscribed before me th~s da', of 19 Personatl! known by me -' ' ..... FIDDLER'S CREK~ CO~l~l UNITY DEVEI.O p,MENT DISTRICT. 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (941 } 434-2030 FAX: (941) 434-6763 TO: The Lake Doctors. Aquatic Management Serxices 150 State Road 419 Winter St,~rmgs. Fl. 3270S CO.NTFLACT ORDER NO. 1097-100m This number must appear on all Invoices. packages and shtpptng papers. Date September 18,. 1997 F.O.B. n/a PROJECT: Aquatic maintenance of lakes at Fiddler's Creek Ro,ting n/a Terms monthly Deliver' Required n/a QUANTITY Lake 1,2,3,4,4a $,6,7,7a DESCRIPTION Includes monthlv inspections and treatments, as necessa~', for control and prevention of noxious aquatic weeds and algae. Includes Underwater and floating vegetation control program, shoreline grass and brush control program, additional treatments, if required, call back service, and written monthly service reports. Services to be provided per the attached Water Management Agreement. ~,Vhere provisions of that Agreement are in conflict with this Contract, this Contract shall prevail. TOTAL 5822.00 per month This is a month to month contract only, beginning October I, 1997 for no longer than 3 consecutive months. · Lake #'s are as referenced on the Fiddler's Creek master plan, as approved PUD Ordinance 96-74 G~..NIr RAL C~.~'I~ITIONS OF rills CON'I'K-~CT ON REVERSE SIDE Both Parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: The Lake Doctors, Inc. Fiddler's Creek Community Development District Order Accepted By By Date Date ~'imer S~r,n~s. Fl. Management Agreement _~19 . is between Tee Tolal o! $ervlce~ Accepted $ s ._528.00/Ho nth:v ~lus any ta~eJ, incl~m~ ~[~ use ta~es, fee t o' THE LAK[ ~ ro~ use~ p~odu:,~ .-,:% ,n ,rs ~o~e d,s:~,,c,-, . ~'~.;dc effe:li~e and safe ,esultl, TH[LAKE D~TORS aq,e~ :~ c:.~c, t'car~en, ~,:~,~ .... I ~da~)" wea:he~ Pe'~i'm~, (romlhe:J:eOf~ece,D~ot CUSTO~E~ Eo T~E L~,~E DOCT(;~ c- o' ~o~e ~cpte~b~: 15 19 _~ ' ~ox ~,Jme__ Rob_~rt 5. The La Water ,Management Agreement dJy O[ of ~¢×1o'.:s aq~,~::, ., .... ~ :.-.~ algae. . ',.'1~ FIDDLERS CP~EK. Nap:es, FL a~ ne~sar~, for con;ral ~nd prevent:on S &. ?, · ,.:ht~, rs:~lfm~-n:~ ~/_S2~,~ .00 .v!~sany:azes. mcfudmllsalesuseta~es /,eso~;ha.ae~ C. ~HE LAKE O~.<., ;. ,,..,; .L ',:% m,rS~;~C~C.~'~ ~,ll~ov~ee~[e:;.va4~ ~[r~sui~ LAKEDOCTGR~-7 '~, ~'.,,.' S f,'ed_ ',ame,_Rob ,e;: S. FIDDLER'S CREEK COMMUNITY DEVELOPMENT 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (941) 434-2030 FAX: (941) 434-6763 TO: Abacus Investigation & SecuriD', Inc. 6017 Pine Ridge Road Box 243 Naples. Fl. 33999-3956 CONTRACT ORDER NO. 1097-101 rn This number must appear on all Invoices. packages and sh~pping papers. Date September 18, 1997 F,O.B. n/a Routin~ n/a PROJECT: Security sen'ices for Fiddler's Creek .,Term; monthly Delivery Required n/a QUANTITY i DESCRIPTION Per hour Provide security officer on a 24-hour per day Schedule, 7 days a week, to man the gatehouse Entrance at Fiddler's Creek. Services to be provided per the attached Security. Contract. Where provisions of the Security Contract are in conflict with this Contract, this Contract shall prevail. This is a month to month contract only, beginning October 1, I997 for no longer than 3 consecutive months. GENERAL CONDITIONS OF THIS CO.~'I'RACT ON REVERSE SIDE UNIT PRICE S9.75 per hour TOTAL Billed monthly Both parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: Abacus Investigation Fiddler's Creek & Security, Inc. Community Development District Order Accepted Bv B~ Date Date 16Glo: 350 unless bo~ p3r~es agree t= rene~ ~,:,r nn ndd:~onal a cus~:~, .r ~peclal .n~ ..... , ~h~ ¢i:en~ ~ I bo~r ~.:..'ce. r· a~e. :rolne5 and supervised in ~uri:y function~ . ' .,,rouen Secretary cf State, $:a~e of Florida0 and have a:~ended the 40 hour c~rse per Chap:e: ~93 F.S. and Chapter 1C-3 ?lori~a ·taches, cr .n.,.ec..¥ :o ~O officers. ~upe£v~·:¢n. T~e supervisors will make ran~om check· of a~! :fl:cars and be available to asslc~ ~he officer in an event of neet :he~r expects:ion· Cf exce~;ence. :n the event of an incSdent requ:r!ng a~%is~ence~&'ro~ :~w onfor:ement, A~ACU$ I]gVEITIOATXON & B]CwJ~XTT, INC., · ~ ;n any ~a'/ p~selCle. Any :ncerna~ dee~e~ ne:e~$ary ~ill ~e ~andle~ in ~he stric%e~% SECURI'?Y ,O..IIP~C. PAGE OF 2 deemed necessary will be confidence. handled in t~e s%rictest of In the event cf a natural disaster, (primarily a hurricane) hittin~ %he area and causing extensive damage, ABACUS INWESTIGATION & SECURITY reserves ~he right to negotiate with the client a reasonable increase to off set wage increases caused ky man power shortages. This increase will persist during clean up cr until wages return to present rates. ABACUS I~$ESTIGATION & SECURITY, INC., agrees to obtain public liability insurance with limits of not less that $I,0C0,000.00 and shall provide a certifica:e of such insurance. Client agrees ~o kc!d ABACUS INVESTIGATION & SECURITY, INC., harmless for non-negligent suits arising out of the performance of the officers' du~igs. It is further agreed tha~ employees of ABACUS INVESTIGATION & SECURITY, iNC., ~;ill not be approached, enticed or allowed to except a position as an "In i~ouse" security officer or any other position of gainful employment at this location for a period ~f !~9 days, from their date of termina%ion from this agency, in the event of a breach of this provision the client shall paS' ABACUS INVEMTIGATION & SECURITY, INC., the sum of $750.00 per employee hired as liquidation damnges, not as a penalt},. ABACUS INVESTIGATION & SECURITY, INC., shall submit a statemen~ cf service on the 25th day of each month. Payment ~'ill be payable cn or before ~he 10th da5, o~ the following month. ?his }~ropos~d contract is submitted by: ABACUS Ih'VEST!GATION & SECURITY, LICENSE ~: B-0000913 C~IRE TRUI:CALE, ViCE PRESIDE~:T This contract is accepted as proposed by client: FIDDLERS C..=EK C/O JERRY MARK DATE: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 4001 Tamiami Trail N. Suite 350 Naples, FL 33940 (941) 434-2030 FAX: (941) 434-6763 TO: Michael/Todd, Inc. 471 County Road 951. Naples, Fl. 33999 PRO.JECT: landscape maintencance services at Fiddler's Creek. CONTRACT ORDER NO. 1097-102m This number must appear on all Invoices. packages and shtpping papers. Date September 18, 1997 F.O.B. n/a Routino_ fda Terms monthly Delivery Required fda Q U:L'~'TI TY Phase lA Phase 1B - Area 2 North, south and west walls. D ESCRI~PTION Landscape maintenacne services to be provided per attached Horticultural Management Agreement. Where provisions of the Horticultural Management Agreement are in conflict with this Contract, the terms ofthis Contract shall prevail. ..... TOTAl. S9,690 per month This is a month to month contract only, beginning October I". 1997 for no longer than 3 consecutive months. (;ENER.xl. COXDITIONS OF Tills CO.~'TRACT ON REVERSE SIDE ~ Both parties agree that this contract may be terminated upon receipt of written notice by either party. VENDOR: Michael/Todd, Inc. Fiddler's Creek Community. Development District Order Accepted Bv By Date Date i 681 ,~', ~!ohael/ro~, :n~. '~ill ~um'.Ish all Imbor, ioof3. .~Fe~ia~ized e~:tFm~a:, mup~isloa an~ ~rAnzpor:a~icn Xe.quire~ :o maln:aln the lan~ca~e Ln an supervisor. ,~r ;¢rsonn~! ar~ your represcn~a:i'/cs while Core, an7 un~. fcrms are wo:n by cur field per$o-~.-.~', an~ super'::sors. All turf areas to be m~we~ weekly during :he grow%ng ~o prese~ a we~l-;rocme4 appearance. ~'aedln~: Al' we~d,~ ~ill be removed ~.jr ked a:e~s eiUh~r ~'/ han~ or Tree and Shrub Maintenance ir. ~.rc'~ an~. ~hrub ,-..~ir.:enan:9 ace h~r:i:u/~cr~l pruning prep~r ~lanc growth, ~'~=~aI c~ ~al branches and/o: lirb~ Tho ~r:'lga=icn sy~:em will be thwacked monthly ~? acciva:in~ and ~nsp~ccing ~he c¢nt;roller, rely.cs a~d hc~d$. Any defici~n¢i¢~ · ' ~ .... , or repair. .... , w~.~ng Gar g L. Mowr, P.A. l.md l)et'elopmcm ~. M,m,,qcm.nl t'Oll.~lllhllll Date: October 29, 1997 10300 Norlhwes! Elct'enlh ,Manor Coral Sprm,qs, Florida :13071 (954) 753-0380 Memorandum To: Clerk of the Circuit Court - Finance Dept. eye Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held September 24, 1997 Gary L. Meyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Enc. MINUTES OF ~G FIDDLe'S CREEK COM]~-OIVITY DEVELOP~k'~ DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, September 24, 1997 at 10:00 A.M. at the Fiddler's Creek Sales Center, 8152 Fiddler's Creek Parkway, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford Olson Paul Riegelhaupt Arthur Woodward Also present were: John Petty Tony Pires Terry Cole Mark Strain FIRSW ORDER OF BUSh-NESS Chairman Vice Chairman Assistant Secretary Assistant Secretary District Staff Attorney Engineer Gulf Bay Communities Roll Call Mr. Mullins called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Minor. SECOND ORDER OF BUSINF_,KS Approval of the I~Iinutes of the July 30, 1997 Meeting Mr. Mullins stated you have previously been distributed a copy of the minutes of the July 30, 1997 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. [IOh"'MOTION by MiZ.'' 01son s'~conded by Nlr. Riegelhaupt[[ [with all. in favor the Ju!~ 3.0, 1997 minutes were approved Mr. Olson stated while we are talking about those, I do have some comments not related to the approval of the Minutes but some of the things that we talked about at the last meeting I see are not scheduled but were supposed to be supplied to us at this meeting. Do you want me to reflect on that afterwards? September 24, 1997 Mr. Mullins stated if they don't have anything directly to do with the Minutes, we should approve the Minutes if they are correct and we can discuss other matters after that. We will move to Staff Reports. THIRD ORDER OF BUSINESS StaffReIx)rts A. Aito~ Mr. Pires stated I understand there may be a request for some items to be added to the agenda. Mr. Mullins stated I would like to make note of Mr. Olson's comment and ,perhaps it would be appropriate since they follow upon the Minutes that they be made at this point. Mr. Olson stated it may be more appropriate to amend the agenda to include an item that I understand will be requested as to various contracts. Do you want to do that now? Mr. Petty stated we can do that now or under Manager's Report if you wish. Let's reverse Staff Reports and start with the Manager and then come back because I think there are comments from both the Engineer and Attorney on the matter that was brought to the Manager's office. Mr. Mullins asked for the record, where shall we insert Mr. Olson's comments upon the follow-up of the Minutes? Mr. Petty replied we could put them under Supervisor's Requests. C. Manager Mr. Petty stated the Manager's office has received some interim contracts recommended for this Board's consideration at this meeting. I would like to turn the meeting over to Mr. Strain who put the package together. Mr. Strain stated there are six interim contracts and I believe you were mailed four of them. I had two more come in over the weekend. They are strictly for maintenance issues in a three-month maximum, possibly only a one-month, interim period until we get all the bid specs for the C.D.D. drawn up and tailored to this project. It is going to take me and Jim's office thirty to sixty days to get it done. In the meantime, these things are absolutely necessary in order to keep the District properly functioning and operational and looking good in the interim, especially when it comes to landscaping. Obviously, we can't let the landscaping die and I need to keep that person on board. I need to keep the gatehouse clean, I need to keep the security person here, so for the next thirty to ninety days, these interim contracts will allow us to do that while we prepare the competitive bid 2 packages that will be put out through the Manager's office. Budget-wise, they are all well within the budget and I did a comparison and there are not any problems there. For thc Board by the next meeting, I will have a summary of all of these contracts against the budget from here on out on which contracts have been let, how their values hold up against the budget and I will do the same thing for the construction contracts. Mr. Petty stated when we are talking about the contracts that will be done by our office and your office for bid, that will come before the Board for their approval so they will have that material. Mr. Strain stated I will just keep a summary going so that on a one-line base everyone can understand where we are. There are a couple of small contracts that we may have to work with in the next thirty days that aren't in front of you. One of them is for a vacuuming service that isn't in there. It is a small amount for maintenance but this should be all of them for the interim. If there are any questions, I will be glad to answer them. Mr. Pires stated Mr. Strain provided them to me in advance and I have had the opportunity to review them. I have made some comments and he has incorporated those comments, changes to the contract language. Mr. Mullins stated give me an example of one of those changes. 5ir. Pires stated for example, the Michael/Todd agreement originally said that pay~ments were to be made in advance as well as one of the other services. Under Florida law, public bodies can only pay for services that are rendered. So that change was made in two different contracts. Mr. Mullins asked in terms of the things that might come up that aren't here, you said there may be a couple of additional contracts to come up that we don't have before us today, are you asking for approval of those? Mr. Strain replied no just these six. I will bring the others to the Board later. They are so minor, they may not even come up. 5'ir. Petty stated typically if a contract gets to a certain amount, in our situation it is $10,000.00 annually, it has to meet certain public bid requirements. For those contracts that are minimal in nature, let's say $80.00 per month, those are handled as a routine operation of the Manager's office. We are bringing these before the Board because it is the first time we have done this and we wanted you to know what is going on. Most of these contracts are minimal in nature. There is a janitorial contract for $40.00 a month but it is more to keep the Board app,-ised of our actions that we are bringing this to your attention. 3 September 24, 1997 Mr. Pires stated also to have established for the record through Mr. Strain and Mr. Petty that without the landscaping services being performed, the vegetation would die and a substantial investment by the District in these facilities lost. It does need to be done. Mr. Strain stated I have reviewed the specs that are standard to be used for projects from the Manager's office and they need a few adjustments but they should be ready to go shortly. Mr. Woodward asked did you have any trouble getting the contractors to agree to a contract that you can cancel any time that you want? Mr. Strain replied no, not verbally we haven't. Basically, they have that kind of contract now with the Developer. Our development contract is the same way, we can cancel at any time. We have told everybody ahead of time that it is only an interim contract, that we have to go out to public bid and that we are developing the documents for that and they understand that. Once I get your approval, I will send the actual document. Mr. Mullins stated we have a motion, do we have a second? Mr. Riegelhaupt stated the only thing I would add to the motion is based on recommendations of Staff. Mr. Mullins stated the motion as amended and seconded has been put forward. On MOTION by Mr.' Woodward seconded by Mr.][ Riegelhaupt with all in favor the Six Interim Contracts[[ were. appr.oved BaSe..d..Upo..n..Staffs. Rec0mmendati°ns. ]] Mr. Mullins asked is there anything else from the Manager? Mr. Petty replied I have nothing further to bring to the Board's attention. Mr, Pires stated I have been working with the Developer and with Terry Cole, One item I would like to bring to the Board's attention and that is that recently the Attorney General of the State of Florida issued an opinion that I think is a stretch. He opined that when there are discussions between a governmental body's attorney and individual Board members on an issue, that is not covered by the AttornefClient Privilege and the only time that it is privileged is when the group is given advice as a collegial body together and then only through a very narrow exemption under the Sunshine Law. I am not sure where that will head, whether or not the Florida League of Cities and the State Association of C:~unty 4 FhJdler% ("r¢~k Cnmmunlt~ Deselnpmen! I017197 Gulf [Jav C~,mmumtles 400! Tammml Trail North Suite 3.50 Naples,. Fl. 3.3940 Anthony DiNardo Dear Mr. DtNardo The current fundmgrequlrement for thc Fiddler's Creek CommumtyDevelopment Dmtnct m necessary to pa.',' the following. Gary L. Mo.yet, P.A. 10/~7 FedEx "4-286-768.39 9/16 & 9/17 Se~ce ~4.276-5~76 9/3 & 9/5 Se~tr:c ~or~l $~rin~ lm~rov~men[ 9i~trtet *001051 7/97 Po*rage/Cop~es/F~/FedEx ~001171 8/97 Po~tage/Cop~es ~001216 9/')7 Postage/Cop~es/F~/Office Indian Tr~c~ CDD .098 9/97 Long D~stance Fmxes Flo~d~ Municipal Insurance Tm~t General Ltab~hty/Automobfie Manatron, I~ .25932 ~qser Cheeks Naple~ Dai~ Ne~ ~ 1440595 9/24 Meeting Notice .14a2972 '97/98 Meeting Dates Pay Request #17 Total Request: $3,391,I0 $46,25 $21.50 $40.43 $II.02 $99.85 $13.45 S659.00 $424.71 S69.84 $69.84 $4,846.99 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 10300 NW llth Manor Coral Sprin~s, Fl. 33071 Accordingly. ~t would be approprmte for Gulf Bay Communities to fund these items at your earliest convenmnce, Thank you for 3'our attention to this matter and if you have an.,,' questions, please let me know. In thc meantime, I remain, ¥OL~ rs Sincere).' Randolph G. White Director of Accounting Gar9 L. Mo er, P.A. Date: February 4, 1998 10300 Northwest [-',lc't;cnlh Manor Coral SprinMs, Florida 33071 (954) 753.0380 Memorandum To' Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held November 12, 1997 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above, G L M/n k Enc. FINhkC, E 1~~ OF ~FrYING FIDDI.ER'S CREEK C O~Y~IUNTYY DEVELOP1VIENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, November 12, 1997 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. Present and constituting a quorum were: Clifford Olson Paul Riegelhaupt Arthur Woodward Grady Minor Also present were: James Ward Tony Pires Terry Cole Mark Strain Wes Cleaves FIP. S~ ORDER OF BUSINESS Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Manager Attorney Engineer Gulf Bay Communities Michael Todd, Inc. Ron Can Mr. Ward called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Mullins who is absent at roll call. SECOND ORDER OF BUSINESS Approval of the Minutes of the October 22, 1997 Meeting Mr. Ward stated you have previously been distributed a copy of the minutes of the October 22, 1997 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motian for their approval would be in order. Mr. Minor stated the one error that I saw is that they show John Petty present. Mr. Ward stated we will make that change to the minutes. If there are no other corrections, I would ask for a motion to approve the minutes. November 12, 1997 1 ~) ~" 1 I1~ ~. On MoTIoN-by Mr. Rieg~ll~upt se~on'ded' by Mr. Woodward with all in favor the October 22, 1997 minutes were approved as amended THIRD ORDER OF BUSINIilSS Consideration of Award of Contract for Landscape Maintenance Mr. Ward stated the primary purpose of your meeting today was to consider the award of' contract for the landscape maintenance services of the District for the next couple of years. We took bids on this project on Friday, October 2.t. The only bidder wits Michael Todd, Inc. The way the contract is worded, we initially made it i%r a twelve and a half month period in order to allow the contract to start right after this Board meeting and run through September 30th and then pick it up for the second year which Fiscal Year 1999. The prices that we received from the bidder are in line with what we had budgeted for the services and is in line with what we are paying on a monthly basis for this particular contract. The provisions in the contract allow the District, to get out of it on thirty days' notice in its sole and absolute discretion for whatever reason so in the event that you choose to award the contract to Michael Todd, at any time in the event that he is not performing his duties up to the standards that you deem appropriate, in your sole and absolute discretion you do have the ability to terminate the contract on thirty days' notice. If you have any questions, I will be glad to answer them for you. Mr. Woodward asked has he been doing the work up to now? Mr. Ward replied it is my understanding that Michael Todd was the contractor doinl,~ the work for the Developer. He picked it up from the District. on October 1st, for a short period of time and you awarded him a monthly contract, ir I recall correctly the amount was roughly $9,900.00, and then we bid the project at this point so we have met the statutory requirements for bidding the work. Mr. Woodward asked are you satisfied with the work? Mr. Cole replied yes. Mr. Minor asked who prepared the Scope of Work? Mr. Ward replied the basic business documents and the technical spedfications I have used in other projects for many years such as Pelican Bay, Pelican Marsh, Bayside and the Gateway project in southwest Florida plus some other work I am doing in the Tampa area. Those terms have been used and modified and updated for many years. With respect to the description of the area, the Developer provided that information to us. November 12, 1997 Mr. Minor asked is it is clear what seasonal pruning is and how often you fertilize and mulch and when you change the flowers? Are you comfortable with all of that? Mr. Strain replied yes, because those parts that needed to be tailored to the specific project were tailored to this project. Mr. Minor asked why didn't we get ten bids for a $200,000.00 a year job? It is surprising to me. Mr. Strain replied the $200,000.00 a year issue is a result of a pick and choose. This contract is two parts. One is for strict maintenance which equals what we have now. The other is for seasonal mulching and seasonal flowers which we will have supplied as they are needed. For example, there are four seasonal requests. We may find out that because of frost for instance we don't have to chang(; flowers as often. The contract is written in such a manner that perhaps we would only have to change them two times a year instead of four times a year. The base maintenance is the key element and the other issues are of a shopping list nature that we don't have to institute them if they are not wanted. Seasonal flower rotation and mulching needs to be done right away as soon as the contract is awarded and signed. The next one won't be done until it is absolutely needed. Mr. Olson asked how many people have you contacted? Mr. Strain replied it was publicly noticed and there were two people involved initially at the pre-bid conference. Mr. Ward stated we did not notify anyone. It is put in the newspaper and bidders who want to bid on this project are welcome to request a copy of the bid specifications. Mr. Olson asked why are there two pages for each with different numbers on them'? Mr. Ward replied one is year one and one is year two. Getting extra bidders on these kinds of projects may be good or may be bad. My experience has generally been that it has not been good. I will tell you that I have used these specs for many years including the Pelican Bay project and the Lely project and I have had good experiences with this contractor and I have had bad experiences with this contractor. As a result of that, most of my projects have gone to an in- house operation because the contractors are not capable or willing to put in the time and effort with respect to doing these jobs. The specs are as tight as I c~m get them for doing the work. The key will be whether the contractor desires to do this 3 November 12, 1997 job and keep it, up in a fashion that we think is appropriate. That is why we have gone to thirty-day termination provisions in these contracts and is why I wrote them in here and made a big issue of it when I told you about the contract itself. Whether Michael Todd does it or Smallwood Landscaping does it or some other company does it, the key is the contractor and as I have said, I have had good and bad experiences with all of them including this one. Mr. Minor asked will they be working under your direction? Mr. Ward replied they work for the District. We will be utilizing the services of the resident project representative of the Developer for the day-to-day functions. Mr. Minor stated when a sprinkler head is broken, he calls the representative. Mr. Ward stated that is correct. Mr. Strain stated there will be another landscaping maintenance bid going out for an additional section that is part of the current year's Budget. That is why the Budget is substantially higher than this bid reflects. That will likely go out in the first quarter of 1998 when the area that is finished is turned over for maintenance to the C.D.D. Currently the Developer is installing landscaping and taking care of the maintenance of it until the first quarter of 1998. By the time all of that is finished, we are still in very good shape with the Budget between now and the end of the year. Mr. Olson asked are there any further comments? On MOTION by Mr. Minor' Seconded by Mr. Riegelhauptl] with all in favor the Contract for Landscape~ Maintenance was Awarded to Michael Todd. Inc. ~ FOUIVI~I ORDER OF BU~ StatrReports A. At~)rney There not being any, the next item followed. Mr. Cole stated last month I mentioned that we should be getting acceptance on what is known as Fiddler's Creek Phase lB, Units 1 and 2 and we did get acceptance and we did get a Certificate of Occupancy on the first multi- family dwelling in Whisper Trace and we are continuing to get C.O.'s on those buildings as well as we are going to begin getting CO's on the single family hvmes within Peppertree Village and Bay Creek Village subdivisions which is not part of 4 November 12, 1997 the C.D.D. but just to let you know that there are residential units that are obtaining CO's and will continue to do so from here on. Construction is proceeding on the remainder of Phase lB Unit 3 plat anticipating completion toward the end of the year. That is all I have to report. C. Manager Mr. Strain stated each month I will be giving a report on where we stand against the construction funding and that is what has been provided to you. Draw #11 was last month. You can see how that equates, the balance left and the balance drawn. There are adequate funds left to finish the project as it was planned. Mr. Olson stated this is for the common areas, correct? Mr. Strain responded this is for the hard construction, the roads and the infrastructure. Mr. Riegelhaupt stated I was talking to somebody a couple of weeks ago who played golf at Marco Shores and one of the comments he had is that it was extremely buggy on the golf course. Who would be responsible or has any thought been given to overall insect control in the area? Mr. Strain replied we have had numerous means of mosquito control. They have agreed that as soon as we start getting to a C.O. point as we are now, they will start spraying the areas that are under C.O. The area adjacent to the project is a natural wetlands, a preserve area, so they have to limit their spraying up to that property line. We also are pursuing sometime this spring mosquito control spraying internally under the C.D.D. We are at least going to have that option added to the optional powers. Mr. Riegelhaupt stated that will be incorporated into the Budget. Mr. Strain stated it will have to be added to the Budget. Right now that is not a power that the C.D.D. has but it is one that can be added through an application process. Mr. Olson asked with Marco Island becoming a city, is that going to cause any problems? Mr. Strain replied no, but it will be interesting to watch. Mr. Ward stated I have nothing for you. FIFTH ORDER OF BUSINESS Supervisor's Reques~ and Audience Comments Mr. Ward asked are there any requests or comments? 5 November 12, 1997 Mr. Mr. Mr. Mr. Fund and answer on Mr. Riegelhaupt asked when is the first owner going to move in? Strain replied they are in now. Ward asked is there anything else from the Board? Olson stated in September, we were looking at the Capital Projects there is a $13,000.00 discrepancy. Mr. Ward was going to get us an that. Ward stated I will do that for you. Mr. Olson stated you were also going to get us a copy of the D&O policy. Does anybody else have anything? SIX'HI ORDER OF BUShNESS Approval of Funding Request No. 18 Mr. Olson asked are there any questions or comments regarding Funding Request, No. 187 Mr. Minor asked is the Funding Request what is called "Claims Report"? Mr. Ward replied yes. Mr. Minor stated Hole Montes is not on here. Mr. Cole stated we didn't have a bill in October because it was a three-week billing cycle. Mr. Ward stated I recently saw a bill from you so that will appear on the next Funding Request. I[Or~'"MOTiON"I~y Mr. Minor seconded by Mri' W~odwa~dl[ [with all in favor Funding Request No. 18 was approved SEVENTH ORDER OF BUSEqESS Adjournment Mr. Olson asked is there anything else to come before the Board before we adjourn? I'On .~]OTION by Mr. Minor seconded by'"'"l~'Ir. Rieg~lh~"upt with all in favor the meeting was adjourned at 10:25 A.M. ... Assistant Secretary Clifford Olson Vice Chairman 6 Wednesday November 12, 1997 10:00 A.M. 2. 3. 4. AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 33940 Roll Call Approval of the Minutes of the October 22, 1997 Meeting Consideration of Award of Contract for Landscape Maintenance Staff Reperts A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Funding Request No. 18 Adjournment Naples Dat~y He~s ~aples, FL 3~/.0 Affidavit of Publication Naples 0atty Ne~s ...................................................................... 0120 0F FIODLER'S CREEK CCHMUN£TY DEV. DISTRICT - GARY HOYER 10300 ~g 11TH MANOR CORAL SPRIteS FL 33071 REFERErlCE: 0523G1 57588013 r~tice Of Meeting Fi State of FLorida County of Collier Before the undersigned authority, personally appeared Angela Bryant, ~ho on oath says that she serves as Assistant Secretary of the ~laples Daily News, a daily new3paper p~lished a: ~13~:os, t~3 Collier County, Florida: that the attached copy of the adverttsin~ was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid n~r promised any person, firm or coporation any discount, rebate, co~missfon or refond for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/O5 AD SPACE: ?O.0CO FILED Ora: 11/05/97 ME~-r'ING No~lce Of ~ee. flng ~ ~ ri~er's ~eek held W~n~t, ~r 12, In ~e No, em Trust ~k ~lldl~ ~01 TomS- omi Troll The Lorson Room Noa es, Flor do. The L~ f~ Commun~ Oe. velo~me~t Dlstri~$. c~v taln~ ~ ~y ~ Mov. er, 10~ N.W. /1 ~a~, 33071. ~e ~ ~ ~co- ~e ~y ~1~. At ~e ~ ~ by tel~ mis m~ ~re~ ~ c~ 7~0 ~ I~ ~e c~ m~[~ E~ ~ ~ ~1~ re~e~ cee~ln~ ~ ~ ~c~ lngly, ceedlngs Is mode, o~ evince ~ wnl~ such o~1 Signature of Affiant (~'./JC,/~'~ C~.~4~ Sworn to and Subscribed before me this ;' day of ' Personally known by ~e · ;' ', . / r.'~ - ~9 ?'? November S No. 10~6,60q 1 6Gl NapLes OatLy Ne~s ~apLes, FL 33940 Affidavit of PubLtcattcx~ Naples Daily Nevs FIODLER'S CREEK COMMUtlI~f DEV. DISTRICT - GARY 103C~) NU 11TH MANOR CORAL SPRIHGS FL 33071 REFERENCE: 05210! 57581060 t~T[CE TO COHTRACTOR State of FLorida County of Collier 8afore the undersigned authority, personally appeared Ar',gela ~ryant, who On oath says that she serves as Assistant Secretary of the Naples Daily Nmos, a daily newspaper p~uOllshed at l;aple,, ti, CoLlier County, Florida; that the attached copy of advertising was published in said newspaper on dates l~sted. Affiant further says that the said ~aples Daily Ne-~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said ne-spaDer has heretofore been continuously p~blished in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in HapLe$, 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 ~romised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securirg this advertisement for publication in the said newspaper. PUBLISHED Otl: 1 6Gl 0117 ,EmJES?r. OR mD 0117 "[QUErieR 8m NOTICE TO CONTRA~ORS ~NO~PEAT~M~ ~MAINTENANCE OF RIGHT-OF-WAYS, ..... u R~ WITHIN THE DISTRI~ cetved by ~ FIOOL~'s ~ II ~ re- EEK COMMUNITY VELOPM~ OlSTRI~ ~ D~- ~,m~ x, ~ ~"i~,?:~'. ~ "~- , One coov of ~e ~u~'";~Y ~ ~e OIs~l~ ~ce ; to ~ exacted a~ .',~,~u~j.~ b~k bid ~']~[,?, Shall occom~nv ~]5'5~ ,,,e g,dder will ~ w~-~ ~'~-~ g ~Omee ~ lng which ~e Bid ~S~ m~ ~ r~Jn P ' . FlOater's ~eek Co~mun~ ~evel~ment ~ L Mov~ D O~er 24 ~ NO. 109090 AD SPACE: 106.gC0 INCH FILEO OPt: 10/24/97 S[qnature or Affiant ~.~ ,i,,-c ~.~ ~'' S~orn to a~d Subscribed before me ~hIs,-' */ day of Personally known by ~e ; ; .' DISTRICT SERVICES TO~, FROM: SU~J ~-'q': DATE: MEMORANDUM ~ ~/o~/~ Oa Frkhy October 24, 1997, ~ staff ~vextlsed for bids/or hnds~ ~nc~ ~ ~e Fid~er's Cr~ ~D. ~re ~ a ~o~ p~-bid ~g ~d o~ ~o~ 2~ ~ w~ ~o c~on were p~t. O~ ~ w~ ~c~v~ at ~c b~ o~g ~ Nov~ 7, I997, ~ ~g from ~ / T~ ~c.. The prices rubmi~ed by Michael / Todd Inc. axe $2~,503.00 for the fur~ 12 ½ ma:~ths and S188,802.~ for thc ~c~:ond yeax optiom The~ prices reflect a 'complete' landscape maintenance ?rograrn including seasonal pru~, featili~afio.-u, rrn~],-h;,g, tlower changeouts, hexbidde and pesticide a?p[ica~ns~ irrig~ou s/stem rep~% and wash p:.ck-up~ along v4th rout. me turf Staff has review~ all of th~ a,d~onal coutrac~or irfformariou that is requi~ to be ~u~ as ~ of the propos,xl. This would hdude but z~t be limited to references, fi~aucial rtateraeuts, ....... ~'""~G ~c ro'~, oJ ~_~e cu:~'unmats, ~t ~s stah's opiak~ that/flu:had / Todd ~ac. i~ qualified to cany o~t tl~ ~oes of ~ comract. 985 .~tlica~ Ma~ Bodc~C NapleL F~o'id~ 54~08 · 941-~92.5181 · Fas 941492.90~ 1 1 6Gl ~i o ~ 16Gl-~ d d October 22, 1997 Paul Riegelha~t Assistant Secretary L'~rry Mu~n~ Chairmar~ _ 5 Wednesday October 22, 1997 10:00 A.M. 1. Roll Call AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor- Larson Room Naples, Florida 33940 Approval of the Minutes of the September 24, 1997 Meeting Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Funding Request No. 17 Adjournment NapLes DaiLy HapLes, FL 33940 Affidavit of PubtJcatt~ ,apLe~ O~tLy N~s 0120 0F F[OOL~R'S C~EEK ~ce Of DEV. O[ST~:CT - GARY MOYER CC~AL SPR[NGS FL 33071 ~e rWu~ ~g of of ~e KJddl~'s Oeek ~mmun~/ 22, 1~ ~ 1~ A~ aEFERENCE: 052301 ~ N~n T~ ~ 575~07 Notice Of ~eeting Fi I Tr~l N~ ~ F~, The ~ lor~n Room, J F~f~ The m~ J ~n ~ ~e ~IIc ~ will J ~ CO~ In ~c~d- J ~Ce w~ ~4 ~ovlsl~ / mun~t Oevel~e~ ml~s. A C~Y Of ~en~ f~ ~ts N,~. il Manor, C~ol Thee m~ ~ be ~ese~ o ~er tale. pn~e ~ ~ ~y I~r- emed ~ con ~e~ I~ ~ be tully ~med of ~e dl~us~lons t~lng Olde e~er I~ ~- so~ ~ DY ~leo~one com- ~1s m~l~ ~se of o me Ol~l~ Office ~ ~3-0~0 ~ I~ five col- end~ d~5 ~t~ to ~e Eoch ~n who dec~d. mo~ by ~e ~d w~ PUaLiSHED CN; 13/15 re~ fO Ony m~er ~ ~lsed ~ ~ will need o raced ~ ~e ceedln~ o~ ~ ; b~m raced of ~e ~o- Incluoln~ 1he testimony ond evidence ~n whtcn suc~ o00eol I~ 1o be O~er IS Ho. 1083270 State of Florida County of Collier Before the u,'~lerstgned authority, personally aCpeared B, La~m43, who on oath says that she serves as Assistant Csrporate Secretary of the Naples ~at[~ N.e,~$/ e daily ee~j~lpe~ ~jb[ish.,~ at Nepl. e~, tn Collier County, FLorida: that the attach~ copy of ~vert,tt~ ~a$ pub[tsh~ in n~spape~ on dates Affiant further says that the said Naples Daily N~s ts a neas~per publish~ at Naples. tn said Collier County, Florida, a~ that the said n~vspaper has heretofore been ~blish~ in said Collier County, Florida, each day and has been enter~ as seco~ class ~tter at the ~st office in Naples, ~n said Collier County, Florida, for a peri~ of 1 year next prec~ing the first ~blication of the attach~ copy cf ~vert(sement; and affiant further says tPat she has neither paid nor promis~ any person, fir~ or co.ration an discount, rebate, commission or refund for the put.se of securing this advertisement for Cubl(caticn !n the said newspaper. AD SPACE: 6),CC0 INCH ~lgna:ure Ot ~f'l~nt f, / '. S.crn :o ard Subscribed before ~e this day of Perscnall? knorr by ~e - , -'-- ' 19__ ~..~ g°gg ['7. D Z Gar9 L. Moger, P.A. l ;ind I)cv,h~pmcl ~r ,~- .Xl.m.~qvm~ '111 ~ 'OH~tl]l,llll Date: January 7, 1998 :~00 Norlhu,~,s! I-]~,t,mlll~ Manor Coral Sprh~,qs, Florida 35071 (054) 75 t.0380 Memorandum To: Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held October 22, 1997 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. G L M/n k Enc. RECEIVED MINI.ri'ES OF ~G FIDDI.ER'S CREEK COYh-~ITJNTrY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, October 22, 1997 at 10:00 A.M. at the Fiddler's Creek Sales Center, 8152 Fiddler's Creek Parkway, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford Olson Paul Riegelhaupt Arthur Woodward Grady .\[inor Also present were: James P. Ward Tony Pires Terry Cole .Mark Strain FIRST ORDER OF BUShN~ Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Manager Attorney Engineer Gulf Bay Communities Roll Call Mr. Mullins called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Approve of the Minutes of the September 24, 1,997 Meeting .\Ir. Mullins stated you have previously been distributed a copy of the minutes of the September 24, 1997 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. .Xlr. Pires stated on page 5, the paragraph that beans, "Mr. Pires stated the Board is not privileged..." I believe the discussion stated, "...discussions with the Board are not privileged.." The word "junctions" on the very next line should be changed to "situations". Mr. Mullins stated you are saying, "Mr. Pires stated discussions with the Board are not privileged." Mr. Pires stated continuing, "except for those very narrow situations.." October 22, 1997 .Mr..Xlullins asked with those modifications may I have a motion to approve the minut, es? IOn MOTION by Mr. Riegelhaupt seconded by Mr. Olson] with all in favor the September 24. 1997 minutes werel[ approved as amended. THIRD ORDER OF BUSLNESS SI.,'h'Y Reports A. Attorney .Mr. Pires stated other than routine matters, there is nothing else tr, rep,~rt ~nte.~s there are questions by members of the Board. Mr. Mullins asked what do you mean by routine tnatters? ,\Ir. Pires replied working with the Developer on reviewing contracts and various and sundry issues. B. Eng'ineer Mr. Cole stated I don't have anything new to report except that sometime in the next month we should be getting all of the utilities conveyance documents done. likely in the next week. The Developer is going to be getting Certific:~tes of Occupancy on the first units within Tract 49 which is the first development tract as you come in. Construction is continuing to proceed on the rest, of the work. .Xlr. Strain stated the first page of what I have distributed is a summary of all of the contracts under the construction part of the bond, the .$15.1 million that is used to build infrastructure. This is Phase lA and lB combined. It shows a ~r~)ss ;~rnount of all of the contracts and because some of these contracts were let. lon~ before the C.D.D. went into effect, they contain some areas that after the (',.I).D. g~;t into etFect[ learned could not be costed to the C.D.D. so that is why you have two ~,ther columns, one for a C.D.D. Amount an one for 951 which is the I)eveloper's amount. They happen tobein the same contract and every submittal separates out an',' costs that are under the 951 column and are paid for separately by the Developer. The rest is paid for under the C.D.D. Amount column. If you turn to the second page, you will see that the total under the C.D.D. A~n:mnt column, $12,959,630.94, corresponds with the subtotal of the first contract amount column on the next page which is your draw summary. That is progression on how we take down the funds each month and how they are distributed each month to each contractor. There are quite a few contractors who are nc) longer active because they have finished their work. Currently we have the landscaping - 2 October 22, 199'7 and infrastructure contractor active under the C.D.D. Those two crmtracts are unit price contracts not lump sum. They will fluctuate. For example, we had about a million yards of excavation allocated to the project. When the Engineers get done with their as-built, surveys, the depths of the lakes, they may nr~t be exactly at a million yards, they may be 1,050,000 yards or 1,100,000 yards. Any increase to the contract because of unit price differences comes r~ut of what you see as a line item called General Development. You v-ill see that we are only utilizing that in the am~unt of about $30,000.00 to $40,000.00 a month. That is hasically for engdneering sec'ices and the like. We have $842,000.00 left in that line item and that item is only going to be in effect for three or four m{~nths because we will be clone with this part of the project by then so you can tell there is execs.4. That is where the excess funds from these contracts get moved to if a line item goes over t)ecause ol'lineal foot costs or larger quantity costs. Those two sheets take care of all of the infrastructure and construction explanation for the $15.1 million b~md excluding interest. The third sheet is what we talked about last time, the monthly ser~'ices. It is only a portion of the monthly services that were attributed to the interim contracts that we issued last month. [ took those contracts out for their period and then expanded them beg-inning in about February when the balance of the project, will commence for Operations to cover. Then you will nee that the numbers increase radically in February. By then we will be under full competitive bid, we will have contracts locked in and issued and those are my projected budgets and where we will end up at, the end of the C.D.D. fiscal year against just the issues that we t, alked about. The rest of the issues ,Xlr. Ward has under his .Management, categories and I haven't addressed those here because he is handling those under his own budgeting. Are there any questions? [ will tryto ~ve you an update every month. The monthly meeting falls after the draw and you will be current with everything that is going on. Perhaps next month's meeting will be prior to the next draw so there may be no need to distribute this again but I will keep you updated. Mr. Mullins stated this is excellent and what we have been looking for. C. ,~Iatmger .Xlr. Ward stated the only thing I have for you is in regard to your next two Board meetings. November falls on the 26th which is the day before Thanks[~iving and December would fall on the 17th. With your permission, I would like to move October 22, [997 them up to the 12th and the 10th which is the week her)re. For November specifically we will be ready to award some contracts for the permanent portions of the operating program that we have in place so that will tie in nicely. In December you are getting close to the holidays and some people tend to take vacations at the time so if it is not objectionable to you. we will reschedule the meetings for those two dates. .Mr. Woodward stated please say those dates again. .Mr. Ward stated November 12th which is the second ",Vednesday and December 10th which is the second Wednesday. FOUqITH OILDI,HI OF BUSLNE,~ Supervisor's Requests and Audience Comments Mr. Nlullins asked are there any requests or comments? There beingn,nc, we will move to the next item. FIFTH ORDER OF BUSI2N~ Approval of Funding Request No. 17 Mr..Mullins asked are there any questions or comments regarding Funding Request No. 177 Are there any other things besides what is in the packct that we should know'? It seems to be self-explanatow. .Mr. Olson asked shouldn't our budget be in there'? Last month it wasn't on the request and this month it isn't on either. Mr. Ward responded we are in the middle of a computer conversion and I should have it scheduled probably for the December meeting. Mr. Olson stated in reality the total is $1,000.00 more than is shown. .Mr. Ward stated you are talking then about the Board's fees. That would be on the next request that you will see. We will pay you anew;ay. lion' 'MOTION'"bJ"Mr. Minor seconded by 5Ii'2"W~J6'dward ,!vith all !n fav0~ F.und, inig Request, N0., 17 was approved. SEVENq]-t ORDER OF BUSINrESS Adjournment 5Ir. Nlullins asked is there anything else to come before the Board before we adjourn? On MOTION by' Mr. Woodward seconded by ,Mr. Olson with all in favor the meeting was adjourned at 10:20 A.NI. - 4 Failure on thc pan of the bidder to nmely comply with this provision shall give D~strict all rights and remedies set forth in Section 2.16 of thc Instructions to Bidders. The undersigned agrees to accept full compensation therefore the total of the lump sum prices and extended unit prices items named in the following schedule. It is understood that the unit priccs quoted or established for a particular item are to be used for computing the amount to be paid to the contractor, based on the work actually performed as determined by the contract and the District. However, in utilizing the schedule, the bidder agrees tha't in no event shall compensation paid to the bidder under the contract exceed the dollar amount of the bidder's proposal amount. It is intended ~.hat all work to be performed under this Proposal shall commence 1/15/98. In the event the District exercises its option to renew the Contract, the second year's prices shall apply. In no event shall Distrizt be obligated to pay for work not performed or materials not furnished. Bidder's Certificate of Competency No. Bidder's Occupational License No. q.3'Q' ;'~ x'///9 7 WITNESSES: Signature of Authoriz~ Agent ' (SEAL) 22 SECTION 6 DETAILED SPECIFICATIONS 6.01 SCOPE OF WORK . The contractor shall furnish all labor, materials, supervision, equipment, supplics. tools, services, and all other necessary incidentals required to perform complete street sweeping. Each bidder shall submit one bid encompassing all proposal areas. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT EX. ISTING FACILITIES Exhibit "A" is the map showing the locations to be maintained by this Contract. This map wi;I be available at the Mandatory Pre-bid Meeting. 6.02. DETAI LED, 5PECIFICATI 0~'$ 1. Scope Work shall include street sweeping of all roadways as specified on Exhibit "A". 2. Frequency For thc period of JanuaD, 15, 1998 to September 30, 1998 all streets outlined on Exhibit "A" shall be swept ever2,.. Friday. 3. Equipment a. Work shall be accomplished with a vacuum/sweeper. Curb brooms shall be utilized on all equipment. b. .all debris accumulated during sweeping operations shall be hauled off-site to an approved site. Contractor shall ensure the equipment used will not cause undue spreading of sand, debris, etc., onto adjacent properties. District may stop work if it is determined that sweeping operations are causing problems on adjacent property. If debris cannot be removed by mechanical equipment, and is not what would be considered "to,tine" street sweeping, the area of concern shall be brought to the District's attention. 23 SWORN STA'I'E.MENT PURSI'ANT TO SECTION 287.133. FLORIDA STATUTES. ON PUBLIC ENTIIY CRI,MES Tills FORM .Mt'SI' BE SIGNED AND SWORN TO IN TIlE PRESENCE OF A NOTARY PUBLI(' OR OTHER OFmC'laL AL'TttORIZED TO ADMINISTER OATIlS. [pnnl nam~ o~th~ public entib, rot L, [pnnt indv,'~dual's name and title] [print name of ennty subm;mng s'~om ~mt~ment] whose business address and (,fappl,cable) its FederaI Employer ldentiftcat,on Number (FEiN) is ~ 5-- 1~)6V~'6 ~/ ~If thc entitv ha: no FF. IN. include thc Social Sccumy Number of the indp, qdual signing this sworn statement: .) I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g). Florida Statutes. means a violation of any state or federal lax,,' by a person with respect to and directly related to the transaction of bus~ness '.vgh an.,,' public entity or with an agency or political subd,vis~on of an.,,' other state or of thc United States. mclud;n.e, but not limned to. an.,,' bid or contract for goods or services to be provided to an.'.' public entity or an atzency or polmcal subdivision of an.',' other state or of the United States and involving anmrust. fraud, theft, brib,:E:', collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, m any federal or state trial court of record relating to charges brought by indictment or information after July l. 1980. as a rcsuh ,:,f a jury verdict, nonjury trial, or entry of a pleas of guilt)' or nolo contendere. I understand that an 'affiliatc" as defined in Paragraph 287.1331 l)(aL Florida Statutes, means: I. ..\ predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of an).' natural person who is active in the management of the entity and ,.,.'ho has been convicted ora public entity crime. The term "affiliate" includes those officers, directors, executwes. partners, shareholders, employees, members, and agents a'ho are active in the management of an affihate. The ownership bi' one person of shares constituting a controlling interest in another person, or a pooling of cqmpmem or mc~me among persons when not for fair market value under an arm's length agreement, shall be a prima fac~e case that one person controls another person. A person who knov,'ingly enters into a joint venture a'ith a person who has been convicted of a public entiD' crime in Florida during the preceding 36 months shall be considered a affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutq~, means any natural person or entity organized under the laws of an).' state or of the United States with the legal power to enter 25 IN WH NESS WHEREOF the parties hereto have executed this agreement on thc day and date firs[ above written. Attest: FIDDLER'S CREEK COMMU'NITY DEVELOPMENT DISTRICT BOARD OF SUTERVISORS By: By: James P. Ward; Secretary Chairman By: Anthony P. Pires jr.; District Counsel Signed. scaled and witnessed in the presence of: As to Contractor: By:. By: Its: (*) In the event that the Contractor is a corporation, there shall be attached to each counterpart a certified copy ora resolution of the board of the corporation, authorizing the officer who signs the Contract to do so in its behalf. 20 1 6(11 mtn a binding contract and which bids or applies to bid on contracts for the provismn of goods or scrv,ccs let by' a public ennui', or which otherwise transacts or applies to transact business v.'ith a public entity. The term "person" mcludes those officers, directors, execunves, partners, shareholders, employees, members, and agents who are act:ye m management of an entity. Based on mfl)rmatlon and belief, the statement which I have marked below ,s true in relation to the ent,ty submmmg this sworn statement. [Indicate which statement applies.] Neither the entity submitting thi.s sw,rn statement, nor an)' of its ofliccrs, directors, executives. partners, shareholders, employees, members, or agents '.,.'ho are active in the management of' the entity, nor any affiliate of the entity has been charged with and convicted of a public entlt',' crime subsequent to July 1, 1989. 'l'he entity submitting this sworn statement, or one or more of its officers, directors, exccutr,'es. panners, shareholders, employees, members, or agents who are active in the management of the eat,'7, or an affiliate of the entity has been charged ',,.':th and convicted of a pubhc ent,ty cringe sub, cqucnt to July 1, 1989. 'I-ge cnt:ty submitting this sworn statement, or one or more of :ts officers, directors, execut,ves. parmers, shareholders, employees, members, or agents who are acti','e in th,..' management of thc enter.,,, or an affiliate of the entity has been charged with and convicted of a publi~' ent:t;,' cr~me subs :quent tn July I. 1989. t{ov.:ever, there has been a subsequent proceeding before a Hearing Ofli( er of the State of Florida. Division of Administrati:'e t{earings and the Final Order entered b;' thc Hearing Officer determined that it '.,.'as not in the public interest to place the entny subnutting this sworn statement on the convicted vendor list. [attach a copy of the final order] IT SHA[,L BE TIlE RESPONSIBILITY OF THE CONTRACTOIL"VENDOR EXECUTING TillS Pt,,'B[.IC ENTITY CRIME AFFIDAVIT TO VERIFY TIIAT NONE OF TIlE SUB'CONTPoXCTORS,'SUPI'I,IERS. UTII,IZED [:OR 'Fills BID,'QUO'FE IlAVE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQb'ENT TO J'ULY I. 1989. IN THE EVENT IT IS LATER DISCOVERED 'fi{AT ,,\ SUB- CONTRACTOR. SUPPLIER HAS BEEN CONVICTED OF A PUBLIC ENTITY CRIME. THE CONTRACTOR.VENDOR SHALL SUBSTITUTE THE SUB-CONTRACTOR,' SUPPLIER WI]q{ ANOTIiER \VHO t{AS NOT RECEIVED A CONVICTION. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE Tt{E SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR. I L.'NDERSTAND T}I.-\T THE SUBMISSION OF TtIIS FORM TO THE CONTRACTING OFFICER FOR TIlE PUBLIC ENTITY IDEN1 IFIED IN PAIL. XGRAPI{ I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID TIIROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WItlCI{ tS FILED. I ALSO UNDERSTAND TIfAT I A.Xl REQUIRED TO INFORM THE PUBLIC ENTITY PtLIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD A.MOb.WT PROVIDED IN SECTION 287.017, EJ.A~~JJ,.LT_g~ FOR CATEGORY '1%\'O OF AN',:' CHANGE IN THE [NFORY, IATION CONTAINED rN THIS FOR.M. .f ' i 1661 ' DISTi I T ERVIGES MEMORANDUM TO: JAM[-S P. WARD. DISI'RiCT M,-~\'AG ER FRO.M: C) I1)'_K ,-\D..k\lS · FIELD ~L-\NAGER SUBJECT: FII')FA.E?,'5 C]M!E K. PRIVACy' PATROL CONI'R,-\CF BID TAB L'I_Vf'iON DATE: 12 2'-,q* CC District staff has recently solidted bids for the privac)' patrol program at Fiddler's Creek. It is anticipated that fids contract w/Il provide for initially, a 24 hour a da,,,' main gate ~ard and a 13 hour a day, 6 ch,,' a w.;ek construction gate guar& Addition,ill,.-, hourly rates were received for a future roving patrol that can be added at anytime in the furore at &e Bo~ds discretion. Bid proposal; were received from three local companies. Staff has reviewed the f'mancial and Ferfom'tance proposals. The review has been done in great detail and the ranking done on a scale of one to three with one being the best. Once all categories have been reviewed and ranked the scores are tallied and the contractor with the lowest score is the one that, in staff's opinion, is the best quAified to perform the contract. ]'he criteria that thc District reviews and ranks includes the followi.ng: 1) Cost This is the pdce to perform the contract as submitted by the Contractor. 2) Local size ]'ids is in reference to the size of the Contractor's business in Southwest Florida. Staff considers the number of employees, artd number of offices in our area. 3) References from similar contracts ]]'tis item includes reviea'ing the reference llst provided by the Contractor, determining the number of contracts that are comparable to the FCCDD's operations and levels of sen'ice. Staff then calls some comparable clients and asks questions such as; whether the client has been pleased with the Contractor's: a) Management support of on-sight officers and operations b) Employee mm-over (lack of it) l'agc Two- Fiddlers Creek Privacv Patrol Contract Bid Tabulation c) Seamless officer replacements (in the event a regular officer is sick on vacation) d) Ability to augment their program on short notice (in the event of special needs or events) e) C~'eratl execution of the Contract 4) EmploTe,: screening The Contractor is required to pro~4.de an outline of theiz employee screening and hiring program. The District looks at the level of detail and the degree of background checks that are performed by the contractor during the hiring process. 'I'his would include criminal records checks, Department of Motor Vehicle checks, reference check~, credit checks, etc. 5.1 ErnploTe( training Staff re'Ac"~'s the Contractor's training and re-training programs. Staff looks at thc outline of the program and the emphasis of the program and how it relates to the needs of the FCCDD's progranq. The emphasis at FCCDD is on personal conduct, public relafions, interpersonal communications and observation/reporting. As you can ice from the ranking proccss on E.,d'tibit "A", ,adrbome Security is clearly the most qt,aiified. Al:borne Security does a lot of work for local upscale properties including; Pelican Marsh, Co~ai! West, Kensington, Cape Marco, Pelican Strand and Waterpark Place. The three senior staff members that ~'ill have a connection with the FCCDD project have over I~0 years of experience combined in security and related fields. [n their submittal,/'drborne Seoarity has outlined a plan to have 15 officers familiar ='ith and assigned to, the FCCDD program in either one capacity or another. The benefit of this is that in the event that an officer is sick, on vacation or quits there ate qualified replacements available that are faro:Ilar ='ith the property and ready to f'dl the vacancies. In addition, the FCCDD program =51.I be visited at least once during each shift by the regional office's Mobile Supervisor. 'I'}~e mobile ~uper~'isor is on dun' 24 hours a da5' for emergencies as ~,.'ell as conducting both announced and unannounced visits for the purposes of inspecting, u'aining and counseling the officers. This management support is provided at no additional cost. .-%-bor..,e Sec, lfitv has outlined a transition plan that -.411 indude the direct involvement of two of the ser'.i,~r staff' members to insure a smooth transition period between contractors. The transi~on per. od is anticipated to be completed a'ithin 7- i0 days and =.ill include a minimum of site fan'~Lia.,'itv training for each officer that will be assigned to the FCCDD program. The site famiLia,dtv training =511 be completed at no cost to the District. Based :5n the ~bove considerations and the results of the ranking, District staff is recommending the a.-,'ard of contract to Airborne Security for the £=st 8 ~h monnh contract period ='ith an option to rent".' for a second >'ear. If vou should have any q~estions or require additional information, please contact me. Exhibit "A" Privacy Patrol Bid Tabulation Vendor Airborne Vendor Hourly Rate Maingate Financial Tabulation tlourly Rate Const. Gate Hourly Rate Patrol Total Hourly Rate Airborne S 9.75 Mid-continent S 10.25 Pinkcrton $ 10.85 Cost I l.ocal Size 1 9.75 $ 9.75S 29.25 10.25 $ 10.25S 30.75 10.85 $ 11.07S 32.77 Performance 'rabulation References of Management Similar Contracts Support Screening Program Training Program Total I I I I 6 Mid-continent 2 3 3 3 3 3 17 Pmkcrton 3 2 2 2 2 2 13 16Gl,~ ~ 0 16G1~ d 0 ..................... ~¥ ~ · I G1 ""! SECTION 4 CONTRACT THIS CONTRACT made and entered into this day of , 1998 by and bera'een The Fiddler's Creek Community Development District. Collier County, Florida, party of the first pan (hereinafter sometimes called the "District") and , part),' of the second part, hereinafter called the "Contractor". WITNESSETtt: That thc pames hereto, for thc consideration hereinafter set forth, and thc covenants and conditions herein mutually agree as follov.'s: ARTICLE I. SCOPE OF WORK The Contractor shall furnish all labor, materials, supen'ision, equipment, supplies, tools, serxices, and all other necessary incidental things required to perform and complete high quality street sweeping of the areas set forth m the Contract Documents as identified in Article VII of this Contract. The District shall pay the Contractor for the faithful performance of the Contract in lawful money of the L'mted Stales and subject to additions and deletions as provided in the Contract Documents as follows: For proposal(s). On a monthly basis, onl': for work completed during that month. The aggregate amount of proposal(s) within the Contract is in the sum of ~ hal f (8- I,'2) month period. for the first eight and one In the event lhe District exercises its option to renew the Contract for the second twelve (12) month period, the following price(s) shall be applicable: 7'he aggregate amount of proposal(s) within the Contract ts m the sum of ~, (12) month period. for the second 'I'he Contractor shall commence work on or as set forth in Section 3.36 of the General Conditions, as applicable, and the work shall be performed in accordance with these Contract Documents. Termination - The Contract shall terminate on __ . Thc District reserves the right to cancel this Contract in accordance with Section 3.31 of the General Conditions if work is not performed in a satisfactory manner as determined in the sole and absolute discretion of the District. Notice shall be in writing and delivered by certified mail to the Contractor. The Contractor has carefully examined the herein described areas and has made sufficient tests and other investigations to fully satisfy himself as to site conditions, and he assumes full responsibility therefore. In no event shall this Contract be m,)re strongly construed against the District than against the Contractor. Any ambiguity or unceaainties in the detailed Proposal and in any other Contract Documents shall be inteh,reted and construed by the District, whose decision shall be final and binding upon all parties. 17 It ~s (h%tmctlv understood and agreed that the approval, and'or acceptance of any part of the work by the I)~str~ct as m comphance ~ith the terms of this Contract and related specifications covering said work, shall not operate as a xvaivcr bF' the l)mm:t of the strict compliance with any other terms and conditions of this Contract and related spcclficatlons propos,:d not performed by the Contractor. after written notice in accordance with Article IX of this Contract. ARTICLE V. PAYMENT Contractor shall pro','~:fc the District an invoice on a monthly basis within thirty (30) days of thc end of each month stating the services provided m thc preceding n',onth. Payment of amounts due and not subject to set off hereunder on said invoices will be made by District ,.,.'tthm twenty (25) calendar days of said invoice. No payments shall be due or payable for work not performed or materials not furnished. Bills for an;' travel expenses must be submitted in accordance with the provisions of section 112.061. Flor:da Statulcs In no event ;hall the District be required to make payment for dcfccti','e or mcornplctc work. or other expenses not approved m ,.vrmng by the District AILIg_CLi2XI~31NI Fl CA'H O5 Contractor shall defend at its cost and expense and shall indemnify and hold harmless thc District and all of its agents, attorneys and employees from and against all liability, claims, demands, losses and expenses, including attorney's fees arising out of. or resulting from the performance of work under this Contract. or is caused m '.,,'hole or in part by any negligent act or omission of Contractor or anyone directly or indirectly employed by Contractor or ans'onc for ,.','hose acts Contractor may be liable, regardless of whether it is caused in part by a pa~' indemnified hereunder or by the negligence of the District. Each of the indemnities given by the Contractor herein and elsev, here in thc Contract Documents. is given in consideration of the first S100.00 of the Contract sum. as well as other good and valuable considcrat:on, the receipt and sufficiency of v,'hich is hereby acknowledged by Contractor. fiBIICLE Vii. CONI'IL.'..CT DOCUMENT This Contract shall include: .",'otice to Contraclor lnstructmns to l'hdders General Condlt:ons Contrac~ Agreement De~ailed Specifications ARTICLE viii. 311SCI-~ S.1 ..\nv ambiguity or uncer~aint:es tn the detailed Proposal and in any other Contract Documents shall be mtc~:et.'zd and construed by the District, whose decision shall be final and binding upon all pames. 8.2 It :s d~st:nctly understood and agreed that the approval, and.'or acceptance of an5' part of the work by the D~str~z: as m c.mplian:e with the terms of the Contract Documents and other related specifications covering said work. shall not operate as a v..'aiver by the District of the strict compliance with any other terms and condmons of the Contract Documents and other related specifications or plans. This Contract relates to work to be performed by Contractor in the State of Florida, and thc laws of such State shall govern the construction of this Contract and its terms. Contractor waives and relinquisher its right to commence or maintain an action at law or equity arising out of this Contract in any place other than Cotlier Count.','. Florida. which shall be the exclusive venue for an)' action. 18 LEE LICENSE YEAR: 581 23ST NW (Pnys'cal Address) THIS LICENSE COUNTY OCCUPATIONAL LICENSE ""'" q SEPTEMBER 1, 1997 THRU SEPTEMBER 30, 1998 MUST BE POSTED IN A CONSPICUOLiS PLACE, SUBMITTING PAYMENT WITH LOWER PORTION OF THIS NOTICE. LICENSE: 970674 SEC: 471 CODE: 45.5 DESC' MAINTENANCE/PAVEMENT CLEANUP LITTER CONTROL INC · LAN D 0 LFI.VINCENT A , '",r, 581 23ST NW NAPLES FL LOCATIOrJ: "! ,: ' '-' ZONED: ' ~ C' ~' '_' ,.! (, ;: COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY TAX COLLECTOR 28D~ t,I NOI::ISESHOE DRIVE · NAPLES, I:LORIDA 34104 · (941) 403-24.77 THIS LICENSE EXPIRES SEPTEMBER 30. 19 " DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTIOtd FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM lUDIVIDUAL [ PARTNERShiP [ CORPORATIOhl [ SEATIr~G CAPACITY ROOM COu~T NUMBER OC EMPLOYEES NUMBER O~ VENDING PHON~ COUNT CLASSIFICATION / WALK-Ir.t OR P©STMAR~',£D B? ! CF~T · . OCT. 3~ J ,,Or. 1 · uOy. ~ ~ DEC. 1 · DEC 3~ AMOUNT DUE . . J j eE~O.~ J [O.~,~j Il.. 'j i'. ~.: ~ '.C' SEPTEMBER ~J ~ PROFESSIONAL REG rio I. !. : ['.:. BUSir.~ESS PHONE . ·.!r27 ',". Litter Control 581 23rd Street NW Naples, FL 34120 (941) 455-6776 Federal ID t~65 - 0679681 December 22. 1997 District Ser~'ices C/O Chuck Adam~ Pelican ,Mar~h Boule,,ard Naples. Florida Dear ,Mr. ,Adams. Enclosed please find Litter Control's bid for street sweeping for the fiscal .,,'ear January I. 1998 - September 30, 1998. This material has been compiled according to your bid outline, latter Control is primarily a family operated business for which I hold the occupational license. I haYe been a resident of Naples for o,'er fourteen )'ears and have successfully operated the businesses lisled below prior to Litter Control. i was the sole owner ofthese businesses and maintained my own professional equipment and vehicles. *' Sloll'~ Mobile ttome Repair Service- 10 years- Full range of mobile home repairs Affordable l'roperty .',lainlenance- 5 )'ears- Lawn maintenance, landscaping, etc. Litter Control has been in operation for the pasl five )'ears and includes two power-sweeping vehicles. The .~ervice has grown rapidly and includes many of Naples prime commercial properties. Below is a list of our major accounts and Iheir contacts: Coastland Mall %'al-Mart - East Trail Wal-51art - North Trail Freedom Square ' "NI'~ i Communities Grey Oakes Country Club Oriole ltomes Corporation Erik Vik 262-7100 Ext. 25 Scott Shumback 793-5517 Manager 591-4300 Excel Realty'- Joyce .Macchi (407) 359-3463 Ron 498-$871 Tom Turtle 262-0520 Rust)' 992-I019 Based on Litter Control's good service to our existing clients, I know we can provide a quality service to Fiddler's Creek Development District. Thank you for the opportunity to submit our qualifications and bid. I look forward to hearing from you. Sincerely, Vincent Landolfi Owner/President Litter Control VAL/aji Al{achmen~: 1. C;a.~hier~ check 2. Copy of occupational license 3. Federal Tax ID# 6~0679651 -L Present bank: First Union- A. ccoun! #2000700786473 8.4 In thc event either party to this Contract is required to retain legal counsel or other expert consultants to enforce any of its rights or to enforce any of the other party's obligations under this Contract. the prevailing pa,'-ty shall recover its reasonable attorney's fees and consultant's fees from the non-prevailing party together with cour~ costs incurred in any litigation and in any appellate, bankruptcy or post- judgement proceeding. The term "attorney's fees" as used in this Contract shall include fees for paraIegals and fees prior to litigation, and in any litigation, bankruptcy, appellate or post-judgement proceedings. The existence of ans' such dispute shall not be grounds for an)' failure to perform by the Contractor. 8.5 Unless a Contract between the Contractor and any subcontractors or vendors provides otherwise, the provisions of section 287.0585, Florida Statutes, shall apply as to late pa)q'nents by the Contractor to subcontractor; and vendors. 8.6 The District shall have the right to unilaterally cancel this Contract for the refusal by the Contractor to all public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statut,:s, anti made or received by the Contractor in conjunction with this Contract. 8,7 Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the work under this Contract. Contractor shall secure and pay for all permits, fees, licenses, and inspections necessary for the execution of the work, and upon termination of this Contract for any reason, Contractor shall transfer such permits, if any, and if allowed by lag', to the Di:trict. 8.8 If a term. prm.'ision, covenant, Contract or condition of this Contract is held to be void, invalid, or unenforceable, the same shall not affect any other portion of this Contract and the remainder shall be effective as though ever?' term. provision, covenant. Contract or condition had not been contained herein. 8.9 The paragrap?, captions, when used. in this Contract and section caption of the General Conditions a:e for convemence only and shall not be used in interprctanon hereof, 8.10 This Contract may be signed in one or more counterparts, each of which when executed shall be deemed an original and together shall constitute one and the same instrument. ARTICLE IX. NOTICES Whenever an5, par~y is required to give or dells'er any notice to any other par~y, or desires to do so, such notices shall be in accordance with section 3,17 of the General Conditions: District: Fiddler's Creek Community Development District Sen'ices 10300 N,W. I 1'~ Manor Coral Springs. FL 33071 Attention: James P. ',A'ard Contractor: 19 written. WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above Attest: FIDDLER'S CREEK COMN~'ITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS By: By: .tames P. Ward; Secretary Chairman By: Anthony P. Pires jr.: District Counsel Signed, scaled and witnessed in the presence of: As lO Contractor: By:. By: Its: (*) In the event that the Contractor is a corporation, there shall be attached to each counterpart a certified copy of a resolution of the board of the corporation, authorizing the officer who signs the Contract to do so in its behalf. 2O Proposal of SECTION 5 PROPOSAL for STREET SWEEPING '¢,'ITItlN 'DtE DISTRICT I¢t,/. TI' (address) to furnish all ma~er;al~, equlpment, and labor and to perfo~ all work m accordance with the Contrac~ Documents for: "Street Sweeping within the Fiddler's Creek Communily Development District" TO: f:iddlcr'~ Creek Communw:' Development District 103c,0 N.W. 11°' Manor Coral Springs. FL 33071 Attention: James P. Ward Gentlemen: The undersigned, as b;dder, hereby declares that the only person or persons interested in the proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interests in the proposal of thc contract to which the work pertains; that this proposal is made without connection or arrangement with any other person, compan,',, or parties making bid or proposal and that the proposal is in all respects fair and made in good faith with(mt collusion or fraud. The bidder further declares that he has examined the site of the v.'ork: that he has made sufficient investigations to fully satisfy' himself that such site is a correct and suitable one of th~s work; and he assumes full responsibility therefore; that he has examined the specifications for the work and from his own experience or from professional advice that the specifications are sufficient for the work to be done and he has examined the other Contract Documents rela:ing thereto, including the Notice to Contractors, instructions to bidders, proposal, contract, general conditions, and he has read all addenda prior to the opening of bids. and that he has satisfied himself full>', relative 1o all matters and cond:tions with respect to the work to which this proposal pertains. The bidder proposes and agrees, if this proposal is accepted, to timely contract with the District in the form of a contract specified to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the proposal and contract, and called for by the specifications and in the manner specified and to timely submit all required bonds and insurance certificates. NOTE: Tills SCIIEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF TIlE MINIMUM A>tOUNT/QbTINTIT}' OF WORK TO BE PERFORMED UNDER TttE CONTRACT. IN THE CASE OF ANY CONFLICT BETII'EE,V Tills SCttEDULE OF BID ITEMS AND TIlE DETAILED SPECIFICATIONS. TIlE DETAILED SPECIFIC~,I TIONS BTLL PREVAIL. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the contract form. The bidder agrees to execute a contract and furnish the executed contract, all required bonds, insurance certiticates, and other required info,'-mation to District within five (5) calendar days after written notice of the award of cc, ntract. 21 '0 0 u ZO g 0 cD O0 0 {21 7, w~O0 Gar /L. Mo /er, P.A. l;lrld l)ct'ch~pm('nl i, ,%l,lrl, lM,~'lllt'rll (.'Ollsllll,llll Date: March 3, 1998 10300 Northtt'esl [']ct'cnth Manor Coral Sprin~Is, I'lorida ~ 3071 Memorandum To: Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference- From' Minutes of Meeting held January 28, 1998 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk l~ rico FINANCE IIIIIIIIII II IIIIIIII III II ....... III II ii I MIN~S OF MEETLNG FIDDI,F,R'S CREEK COi'VhMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, January 28, 1998 at i0:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, The Larson Room, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford Olson Paul Riegelhaupt Arthur Woodward Grady Minor Chairman Vice Chairman Assistant Secretary Assistant Secretary' Assistant Secretary AIso present were: James Ward Alice Carlson Chuck Adams Tony Pires Terry Cole Mark Strain Manager District Staff District Staff Attorney Engineer Gulf Bay Communities FIICS~' ORD~ OF BUSINESS Roll Call Mr. Mullins called the meeting to order at 10:03 A.M. and stated the record will reflect that all Supervisors are present. SECOND ORDI,~r{ OF BUSKXrF_SS Approv,'d of the Minutes of the November 12, 1997 Meeting Mr. Mullins stated you have previously been distributed a copy of the minutes of thr_. November 12, 1997 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. On .,MOTION by *"Ir. Minor seconded bv Mr. Woodward[[ with all in favor the November 12, 19~7 minutes were,, approved as written. 'IttltlD ORDER OF BUSI2NESS Consideration of Award of Contracts A. Street sweeping .Mr. Ward stated the primary reason for your meeting today is to cr, nsider the award of contracts for three of the primary ser~'ices that you are providing in Fiddler's Creek for Fiscal Year 1998. They are street sweeping, what we call the privacy patrol and third would be the aquatic maintenance program. We t, mk the opportunity during the month to bid all of these three projects in accordance with the Statute and will tell you what that means since this is your first time through this partic~lar issue. In Florida, in Community Development Districts specifically, you are required by law to bid a project and that means that we must advertise it in a newspaper of local circulation in the county in which the District resides i"~r a certain period c)f time, and at a certain date and time and at a specific locati~)n, we receive the sealed bids at which time they are then opened and publicly read aloud. Subsequent to that bid opening, it is sent to the Board after the staff reviev,'s it and we make it recommendation to you for a specific award of that contract. Under the Statute. if the proposed contract exceeds more tha,~ SIO.O00.O0 to any one vendor or any one project in a year. then we are required by Statute to bid i'. so these particulm' projects that we have before you today meet the thresholds contained in the Statute and accordingly they have been })icl in accordance with the Statute. The first one, 3(A), is for the street sweeping. We received one bid from a company called Litter Control for the first year, which is an eight and a half month period. It would begin next Monday on the 2nd of February anti finish on September BOth and the second year would begin on October 1st of 1'.998 and continue through September 30th of 1999. Their bid was for $3,G00.00 tk~r the first year and $4,800.00 for the second 3'ear. As I said, the way the bids are done. they are noticed and advertised in a newspaper and anyone who wants to bid on it has the ability to read that advertisement and to submit a bid to us. We have not on these bids solicited particular companies or asked thmn tr) bid on these par'tie,far projects that we have for you. With that, Litter Control is it bidder who bas been qualified by your staff as someone who is capable of performing the work contained in this bid and is recommended fl)r your consideration. If' you have any questions. I will be glad to answer them at this time. Mr. Riegelhaupt stated it seems to me when you go out for bids without having a list of approved bidders that you are opening the door very widely and I just wonder why the District doesn't have for each category a list of appr~priate 2 bidders so that we can insure that the appropriate bidders get a copy of the Request for Bid. .X. Ir. Ward stated because you are a public agency in Florida, the only mechanism that allows you to do what you suggested which is essentially a pre- qualification of the bidder himself. It becomes a two-step process at that point. You write a set of specifications that say the bidder must do X, Y or Z, and they submit their qualifications to you. When you submit those qualifications and if they are then qualified, then you can enter into negotiations with that qualified company for a particular price on a specific project similar to what you do when you hire an en~-ineer. When you hire an engineer in this state, you are actually required to go lhrougb that process. When you do it for these kinds of contractual services, it is not a requirement, it is an alternative way of the bidding services. Similarly what you can do and what we have done in these documents is we have set a minimum level of service required to be provided by the contractor and once the bid is submitted, then we evaluate whether that contractor ~neets that mir~imum level of service and you will get into that more when we talk about the privacy patrol l::ecausethat is a significant issue in that particular contract. That he has the manpower, that he is sufficiently funded, he has a balance sheet and an income statement that is fair and reasonable, the equipment satisfactory to perform this kind of work, it is available here in Naples, those kinds of things that you can take a look at when you get the bids. In this contract, that is the normal waytodoit wh~;nyou are in the public sector down here. We have elevated thata little bit to deal with the issues that you talked about in the actual specification itself. .Mr. 01son asked why are we bidding these? Isn't this an association expense? [ thought our purpose was to implement the infrastructure. Mr. Ward stated you have two purposes. One is the construction of the infrastructure which has been a primary focus of what we have done for the last year or so and secondarily, once that infrastructure is constructed, you can by virtue of your a'athority exercise it and maintain that infrastructure and that is what you arech~osing to do at this point in time. That is not to say that you can't enter into an a~'eement with the HOA to allow them to maintain it or some other form but for purposes of Fiddler's Creek, the District is being utilized as the vehicle in which t~) maintain the infrastructure which you have constructed; and paid fi~r. .kit. Olson asked how does security go in to maintain it'? ,January 28, 1998 Mr. Ward responded we call them privacy patrols. We stay away from th{: word "security" because there is no such word in this business. The privacy patrol is an authority that is granted to you under the Statute. You have constructed the entry guardhouses and gatehouses and things of that nature within this community. To try to create an environment where you don't have a number of different organizational structures maintaining the facilities within Fiddler's Creek, what we are recommending to you and what was recommended in your operating budgets is that we utilize the DistNct as the vehicle to maintain all of that infrastructure including your privacy patrol, you have the authority under your legislation to tnaintain that infrastructure, and to maintain infrastruct~re which ym] may not have constructed and which has been dedicated t~ )'~. so the privacy patrol is a combination of both of those issues, the patrols th,}mselves an~t the guardhouses which you did construct. It is a vehicle fi)ryou to utilize to maintain that infrastructure. Mr. Rieg'elhaupt stated I don't fl~lly understand some of the issues. As [ understand it, these main streets in Fiddler's Creek are public. Mr, War,] stated that is correct. Mr. Rie~'elhaupt stated the guard gate really wasn't constructed for any C.I).D. reason. Mr. Ward stated yes it was constructed for a C.D.D. reason. .Mr. Riegelhaupt asked what is the reason'? 5Ir. Pires stated it is within the scope of the definition of the pr¢ject and it was defined as one of the items that was being acquired an~or constructed by the District. The District, as Mr. Ward indicated, from the standpoint of the contract, uses the term privacy. Under the Statute, the Dist~ct asked for andol)tained the additinnal power to provide security and privacy features as part of the community. The District then has the facility to help re,late to the extent that they can. There are certain constraints that may exist but to the extent that they can regulate vehicular traffic on the DistAct's roads and District facilities and what was initially within the scope of the project when it was approved. Mr. Riege[haupt stated let me pursue that for my own knowledge, if I may. When [ drive into Pelican Bay, nobody stops me, nobody asks me where I am going I just go to my development. In Fiddler's Creek, t~s doesn't seem to be the case. 3Ir. Ward stated that is true. 3Ir. Riegelhaupt stated a vehicle has to stop. 4 ,January 28, 1998 Mr. Pires stated and they make an inquiry as to where you are going, that is correct. Mr. Riegelhaupt asked can he stop a vehicle from entering for any given reason? Mr. Ward replied the answer is yes you can with certain conditions. For example, if a person shows up at eleven or twelve o'clock at night and wants to go in and just, walks to the front` gate and says I don't know where I am going and I don't know what I want to do, I just want to go in there, you can turn him away. Mr. Pires stated or if there is an incident or situations which are brought to the attention of the Board from a life, safety, or health aspect where there is an indication that. to have more restrictive after certain hours or before certain hours w,)uld be appr,)pzdate, a rule can be adopted and implemented by the District. .Mr. I~.ie~:elhaupt stated that gets to the heart of what I a~n asking about. Mr. Ward stated you get to the issue of Pelican Bay even if it is a public road. You have the ability even with those kinds of communities and those kinds of roads to do exactly what we are doing here if the commtmity so chooses. Mr. Riegelhaupt stated so there is the mechanism to do that. Mr. Ward stated that is correct. *Ir. MuIlins stated in other words it was part of the community concept that we would set up this District with that particular power. Mr. Ward stated that and other powers. You have to look at it as the District is the primary vehicle to provide all of the operating facilities and ways in which to do all of that for the District itself so it goes beyond the privacy. Mr. Riegelhaupt stated that is exactly what I was inquiring about because if the District doesn't have the power to stop a vehicle for instance, it shouldn't have to pay for whatever the privacy forces and guardhouses that serve no purpose to the District but if the District has this power, then that would appear to be a legitimate cost. Mr. \Vard stated you have that ability. The other ability that you have wtucb you don't need right now but since this is in a governmental agency, many gated communities like Fiddler's Creek utilize privacy patrols in the early years. If you chose, you actually have the le~slative authority as a government to enter into a contract with Collier County Sheriffs Department since it is a constitutional office and a government also to do that. Many private gated communities which utilize just their HOA and don't have CDD's don't have that ability at all so you h:ve an January28,1998 expanded ability beyond what you might otherwise have as a homeowners association. Mr. Riegelhaupt stated that answers my concern. Mr. Mullins asked do [ have a motion to award the contract for street sweeping? ~)n~. IOIION by Mr. Olson seconded by Mr. Minor withll ~Awarded to Litter Control, Inc. B. Privacy Patrol Mr. Mullins stated next we have the consideration of the award of contract fl)r the privacy patrol. Mr. Ward stated again, we took the opportunity during the month of December to bid the privacy patrol for Fiddler's Creek for the balance of this fiscal year and for fiscal year 1999. lfyou look in Exhibit "A", we did receive three bids on this project from Airborne Security, Mid-continent and Pinkerton. We have prodded to you a memorandum that included the criteria that that company must meet in order to provide this service to us which included the cost of the project, the size of the contractor's business in southwest Florida which included an evaluation of the employees and offices and things of that nature and contracts they have of similar size including something which we think is very important in this particular contract, the support of management behind the actual individual that you MIl see out there either at the guardhouse or patrolling on a periodic basis, and the ability to execute this contract and augment that program on what we consider short notice and that is you call up in the afternoon and you say we need an additional privacy vehicle or privacy individual to be there. The other thing that we included in this contract which we think is very important is a minimum level of service for the employees themselves out there. That means that we have identified in the bid documents specifically a minimum pay rate for the individuals who will be out there so that they could not hire temporary laborers at the minimum wage and not pay them the benefits associated with that. We said you must be an employee and that you must meet specific criteria as to your background and things of that nature and a specific hourly rate. With all of that criteria taken into consideration, Airborne was the vendor who met the performance tabulation best. Their combined hourly rate was 829.25 an hour. 6 January28,1998 That included the main gate, the construction gate and the roving patrols. The main gate obviously would be staffed on a 24-hour-a-day, 365-day-a-year basis along with the roving patrols. How many hours would that be? Mr. Adams stated the roving patrol would be 24 hours a day but that is an option in the contract. Mr. Min,)r stated you wouldn't need that in the be~nning. Mr. Ward stated with that, Airborne is the vendor who is recommended for your consideration. Mr. Mullins asked how does this bid price compare overall with Pelican Marsh or Quail West? Mr. Adams replied it is comparable, it is essentially the same price that I have at Pelican Marsh. .Mr..Xlullins asked once the bids are in is there any further negotintion that can take place'? .Xlr. Ward replied there is no further negotiation on this contract but the contract leaves open the ability for you if you want to ask for additional services to be provided to negotiate that on a case-by-case basis. Mr. Mullins asked are there any questions'?. Mr. Riegelhaupt asked when you say hourly rate, that is a billing rate'? Mr. Ward stated yes that is a billing rate. Mr. Riegelhaupt, stated that would infer that the salary rate for the guard itself is not much above tile minimum. Mr. Adams stated the minimum I believe was 86..50 for roving patrol and for main gate guard .37.00. Mr. Mullins asked is there any further discussion or questions? Do I hear a motion? II O,~ MOTION by Mr. Riegelhaupt seconded by Mr. Minor]] lwith all in favor tile Contract for Privacy Patrol was][ [Awarded to Airborne Security. I[ C. Aquatic Nlaintmm.nce Mr. Mullins stated the next contract under consideration is for aquatic maintenance. Mr. Strain stated [ notice the aquatic maintenance is on the agend,, for today. I just received the paperwork today and I would like to have some more 7 January 28, 1!)98 16Gl,m4 time with it. [ know it is the Board's decision but I would like to be able to provide some more input. Does this have to be decided on today? *Ir. Ward replied no. I think we had a sixty-day window in which to do it so you can wait thirty days. Mr. Mullins asked does anybody have any objection to dela.~ing the decision? Mr. Riegelhaupt stated I have no objection. Mr. Ward stated we will defer this item for thirty days. FOURTH ORDER OF BUSh-NF. SS Stafl Reports A. Attorney There n.t being any, tile next item followed. B. Engineer Mr. Cole stated I have nothing to report. We are just continuing to proceed with construction of the completion of Phase lB. .XIr. Strain stated the status on that is that Championship Drive has been relocated and repaveddown tothe third tunnel on both sides. The third tunnel is going to be paved within the next two to three weeks. Then it is just a matter of cleaning up and landscaping. As you have asked to have these summary sheets each month, I am distributing the current one which is based on the last draw. We are down to the two remaining vendors, the landscaper and the road constructor. Then of course the General Development is shown on the bottom. There are ample funds in tile budget to finish the job. Mr. Mullins asked are there any other comments? Is there anything significant that you can point out? Mr. Strain replied we have increased some of the landscaping material. That line item will increase but there are ample funds left over as you can see in the General Development schedule. Mr. *Iullins stated we are doing better than the budget. Mr. Strain stated better than the initial budget but you are getting more. We are going to end up using the budget in the sense that the landscaping that is going in is more mature, more flowering, the plants are better quality, we are getting more for the money. On the cost for that, there is excess capacity in the General Development situation and we are transferring that to the landscaping as needed. .XIr. Mullins asked are there any other questions or comments? 8 · January 28, 1!)98 Mr. Ricgelhaupt stated not to be critical but when we invite the I']ngineer here, we want. a report from him on thc highlights of tile month or two months. We want to know what is happening, not "I don't have anything to report". That is not, satisfactory. I would like to know what construction took place, what engineering activities took place during thc month. If you would do that tbr us briefly, the amount that would fit on one page, that would be very helpful in going through this meeting. We don't have any idea what is happening in the way of progress so it is very hard to evaluate anything that is subsequent to that which is under discussion. .Mr. Cole stated the progress in the next couple of months will be very minimal because we are just about done. Mr. Riegelhaupt stated if it is very minimal it is still how many men are on tile job? What is going on? What are they doing'? Ti~ere is always something to rep~,rt on a construction job. I think in order ['or these to be orderly Board meetings, we need engdneering information. Mr. Mullins stated I think that there is a general consensus that that would be appropriate. C. M;mager Mr. Ward stated I would like to take a minute to go through the financial statements with you but before I do that, I want to introduce two people to you. One is Alice Carlson, a former executive with WCI, and our tirm has now retained her to assist us on the west coast with some of my management responsibilities since we have a number of Dist~'icts out here, so you will see Alice .joining me regularly at these Board meetings. The gentleman to my left is Chuck Adams. He is one of my senior field managers on the west coast and who has worked for me for many years. He was the primary individual who did the bids for us for these three contracts. F'irst let me tell you in terms of this District, I think I have mentioned to you previously that at your year-end, September 30th, you are required to have your books and records audited by an independent CPA on ayearly basis. That has been done. they are in tile process of preparing the financial statements and they should be ready in the next month or two and as soon as they are completed, a copy will be pro;'ided to you. In addition to that, we are going to start including some schedules, and these need some work I can tell you up front by looking at them, but I want to take a minute to go through the format itself with you and let 9 you focus in on the expenditure levels year-to-date, not so much the budget numbers because at the moment they do need some work. First of all they are identified as a Balance Sheet and an Income Statement. A Balance Sheet is nothing more r. han a form that tells you what your cash position is for this District at a specific point in time. On the far left column, the third line down, it tells you the fund number and the fund name, which is 001 and the General Fund. The fund name will correspond to your fund names that we have in your Budget. The General Fund you will recall accounts for all of the operating revenue assessments that you have or Developer contributions, whichever the case may be, and all of the expenses associated with the ongoing day-to-day activities that you have here in Fiddler's Creek. If you recall in your General Fund, we have levied an assessment on a yearly basis and which is billed to the Developer on a periodic basis. Essentially we bill him monthly for his assessments and he pays those periodically. You will notice for your General Fund for the period ending November 30th, we have received roughly $88,000.00. We have about S88,000.00 in cash left in the bank after pa5a'nent of all of your expenses. There are no liabilities going to be associated with this particular ftmd because you really don't have any debt or anything associated with this fund itself so this gives you a flavor of where you are operationally on a Balance Sheet perspective and on the next page also labeled page 1, but it is titled Revenue and Expense Statement, and that is in the middle of the top of the page. You will notice in the far left column it is also for your General Fund. Page 1 of this is the Revenue section. We have received about $112,000.00 in revenue year-to-date and about $41,000.00 in the current month. On the next page, page 2, is the Expense portion of your General Fund Budget. For a moment, focus in primarily on the Year-to-Date numbers, not the Budget numbers. Some, of them look okay but some of them need some work. It tells you what your monlhly expenditures and your year-to-date expenditures are for what we consider )'our operating requirements. .'x, Ir. Mullins asked when you say that they need work, what does that mean'? Mr. Ward replied that means that my staff hasn't plugged the numbers in right and I need to update those numbers which we will do. Mr. Woodward stated you said you never use the word "security" but I see that it appears here about three times. Mr. Ward stated I agree. That is another thing that I saw, it is the privacy patrol. The word "security" connotes that you have a police force to do things 10 ,January 28, 1998 1 6 6 1 which you do not have. When we call them privacy patrols, I don't want the residents to think that we are in the Collier County Sheriffs business, we are not. The person at the guardhouse is there fi)r a different reason than the reason that the Sheriffs Office patrols the area. Mr. Mullins stated I have a question since we just mentioned the p~vacy patrol and we considered a contract earlier fl)r the people at the gatehouse. Whose responsibility is it to hire or fire people? Is that the Board's responsibility, the Manager's responsibility, the Developer's responsibility? We are approving a contract so I take it that we are hiring them. Mr. ~Vard stated you hired a contractor, yes and you fire the contractor. Nlr. NI~llins asked does that take Board action? Nit. Ward replied yes. If you had employees, that would not take Board act. i,n. Under the Statute, it is a strong Manager form of government as you have in the County. It would be my responsibility. Mr. Minor asked didn't we hire Gulf Bay to be the construction prqiect mnnager? Mr. Ward replied yes. ~y contractor that you hire like a security company, a privacy company, or an aquatic contractor, that is a Board function requirementwi~hin the thresholds of the context of the S~a~ute. Forexamplc, the street sweepin;~ contract aC $4,800.00 was below the threshold for bidding so actually under the Statute, I have the authority to hire that contractor without Board action but it is very unusual for you to see me do something of that nature. Generally I will bring those before the Board because I want you to be aware of that kind of thing going on and it is a fi)rmal contract of the District. Iflwanted to hire somebody to do something fl)r a day or a week and it was going to cost $1,000.00. the Manager literally has the authofity to do things of that nature. Next month as you start to see these and we correct the Budget numbers, you will see where you are on a monthly basis for your General Fund. The next l'und that is in this se~fies, again it is called a Balance Sheet, and if you look in the upper left corner, it is labeled Fund 201, Debt Se~ice Fund 1996. The Debt Sec'ice Fund indicates to you that it is a fund asso~ated with your bond issue, i99Sindicates that it is the series of bonds that the fund is associated with so you have a Series 1996 Bond Issue and your Debt Service Fund is the fund associated ~rth that particular bond. A Debt Se~ice Fund, fl)r your information, is a fund that accounts for the Reserve Account, and when assessments start to come in from residents for the payment of their capital charges, this is where it 11 January28,1998 16Gl ;viii be accounted for and also if prepayments occur. Prepayments are where residents or land owners have tile ability to pay their assessment in whole on their lot so they would not get that assessment on a yearly basis. Those are called prepayments and are accounted for in this particular fund although you do not have any at this time. You ;;'ill notice in your Investments Debt Service, there is capitalized interest. You will recall when we did this bond issue, there was a certain amoum of money that we put in the bank that allowed us to carry the bond issue until the completion of construction, until such time as we would put these assessments ortyour Collier County tax bill. The $1,475,000.00 that is remaining is the balance of the capitalized interest that you funded in this bond issue anti which will cr~nlin~m to be utilized to pay debt service associated with these bonds and also as ynu will recall, y¢~u established a Reserve Account equal to ten percent of the par amount of tile bonds and that is the $2,02t,000.00 that is in there and that will stay' tlmre through the life of tile bond issue at this point. The next pages 3 and,1 are tile Income Statement. At. this point, what it ,,,_dyes you is the amr~unt of interest income that. we have earned on tile Capitalized Interest Account and the Reserve Account at this point and secondarily what the interest expense onv"a¢'e_,, 4 has been on this bond issue for the current year and you }lad a payment on November 1st which came from capitalized interest. That payment amount was $757,87.5.00 and this statement tells you that that payment was made in the month of November for your bond issue. The next fund that is in the series is called tile Capital Prqjects Fund and that is labeled Fund 301. The Capital Projects Fund is the fund where all t~fthe nmneys that yeti had for >'our construction activities were placed so this tells you from a balance sheet perspective how much is left in that bank, roughly $4.5 million. On thc next page, it just tells you the amount of interest income that we have earned on that accountfi)ryear-to-dateand month-to-date. The third page is the amount tha: you have spent through November 30th f'or the current fiscal year only. In what we call G,~a,P accounting, governmental accounting, once we expense all of tl~is off at year-end, you ;;'ill not see it on this Income Statement. It just becomes an asset at this point so you spent roughly a million dollars year-to- date and that ?ts adjusted by audit numbers when they become available. That is thc summary of the financial statements for you, General Fund, Debt Service Fund and Capital Projects Fund. As you do more bond issues, you will see more Debt Ser,,4ce Ftmds and more Capital Projects Funds and it' you choose to levy other fl,'ms of revenue like fees and charges, you will see other forms of General 12 January 28, 1998 Funds, but that is not contemplated at this time, It ~ves you a summary of where you are financially within the District as of November 30th. Are there any questions? Mr. Minor asked when are we looking at another bond issue? Mr. Strain stated we are going to start Phase 2 at the end of 1998 and the bond issuance will be something that the Developer will have to determine how much cash outlay it ~fill put up but I would expect by 1999, Mr. Minor asked what size do you think that will be? Mr. Strain replied almost double this one. .Mr. Mullins asked when is it anticipated that the first residents will be moving in? ~Ir. Strain replied they are there, We have had quite a few closings, they are wall:lng along the streets and the lights are lit in the evenings. During the daytime, there is a lot of construction going on but the nights are real serene and quiet. We have residents in all Villages except fi)r Mulberry because the models aren't finished there yet but the first three Villages have residents in them. Mr. \Vard stated that is all I had for you. FIFTH ORDER OF BUSEX,~ SupervisoFs Requests and Audienc~ Comments Mr. Mullins asked are there any requests or comments from the Board? there anything from the audience? Is SLX'HI ORDER OF BUSk-NESS Approval of Fim'mcial Smtemenkq and Invoice List .\Ir. Nlullins stated the next item is the approval of financial statements and the invoice list. ~Ir. \Vard stated [need to remove two items from your Claims Docket. It is the Claims Docket that is dated January 19th, 1998. Cl~m numbers 95 and 96 are being removed. Other than that, the invoices are in order. .X. Ir. Mullins asked is there a motion for approval of the invoices with the exception of numbers 95 and 96? On . IO'IION by Mr. Minor seconded by Mr. Riegelhaupt[I with all in favor the invoices were approved as corrected. Il January 28, 1998 SEVENTH ORDER OF BUSINESS Adjournment Mr. Mullins asked is there anything else to come before the Board before we adjourn? liOn MOTION by Mr. Minor seconded by Mr. Olson withl[ all in favor the meeting was adjourned at 10:45 A.M. Paul Riegel akA~)t Assistant, Secretary L~Irry C h airm a'~k...3 14 Wednesday January 28, 1998 10:00 A.M. o AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North, 4th Floor The Larson Room Naples, Florida Roll Call Approval of the Minutes o£the November 12, 1997 Meeting Consideration o£ Award of Contracts A. Streetsweeping B. Privacy Patrol C. Aquatic Maintenance Staff Reports A o Attorney B. Engineer C° Manager Supervisor°s Requests and Audience Comments Approval of Financial Statements and Invoice List Adjournment NapLes Oa~Ly News Naples, FL. 33940 Affidavit of Publication Naples Oatly News F[DOLER'S CREEK CCMflUN[TY DEV. O[STR[CT - GARY MOYER 10300 CCRAL SPRiteS FL 33071 REFE~ErlCE: 052301 57626536 Notice Of Meeting Fi State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath ~eys that she serve! as the AssiStant CorpOrate Secretary of the Naples Oatly ~ews, a da~Ly neuspaper ~ubLtsneo at ~(apLes, ~n ColL~er County, Florida: that the attached copy o? advertising was published in said newspaper on dat~ listed. A~fiant furthe' says that the sa~d Naples Daily Ne~$ is a newspaper published at Naples, in said Collier County, :lorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the po~t office in Naples, in said Collier County, ~lorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says tha~ she has neither paid nor promised any per,on, fir~ or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sa~d newspaper. PUBLISHED O~t: 01/21 0120 OF MEETING Notice O~ Meetinq Fiddler's Creek CommuniP/Improvemertt District The regular mean9 of ~e Bo~rd of Suoervls~'s of the Fiddler's Creek CommunD/ De,leloomertt Oi$,h*ld I$ s~,heduled to be held Wednesday, Jontx3tw 2~, 1998 at 10:00 A.A/L In me Norl'nern Trust Bank Building, 4001 Tomloml Trail North, 4f1~ FIO~', The Lor$on ~oom, Naples, Florida. The meellng Is o¢~en to ~e Ou/DIIc ~d will be Conducted In of F:Io~ida Law to~' Corn- munh"t Develoome~ Dis- .'Tlct~. A COO'/ or the agenda roe mis meeflnO may De o~3toined f~om Gory L. MoVer, '10300 Fl.~. 11 Manor, Coral ~rln~, ~lorl~ 3307L Thee m~ ~ ~co- 5ume~l~$ will ~1~1. ~e bY tel~h~e. A~ De Dt~e~ o ~e~er fcic. O~e ~ ~ ~v I~er- e~ed ~rson can ~e meeting ~ ~e o~ve ~unlc~i~. Any oer~ re~lrlnq ~lal ~c~~ ~is meeting ~e of o ~ireme~ ~1~ c~ ~e Ol~l~ ~ce ~ (9~) 7S3~380 ~ I~ five cal- ~ln~ ~ to ~eol any mode bY ~e ~d re~e~ to any c~$1dered ~ ~e I$ ~I~ ~ ~e~ will ~ to entre ~ a v~. AD SPACE: 69.000 ~NCH ceedlngs Is made, Including rne testimony FILE0 ON: 01/21/98 and evidence upon whiCh ..................................... Signature of Affiant Jc~/~I NO, 11]~ S~orn to and Subs:ribed before me this '~( day of '~'~* 17: - , Personally known by ~e ,,.~'J,'~2. ' ~,~"~ ~' / 16G1 Nap[es Oatly ~ev$ uapLes, FL, ~940 Affidavit of PubL?catton Naples OaiLy lie, s FIDDLER'S CREEK COMMUNITY DEV. DISTRICT - GARY MOYER 10300 NU 11TH flA~R CORAL SPRINGS FL 33071 REFERENCE: 052301 57621707 HOTICE TO CONTRACTOR State of Florida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the Naples in Collier COunty, FLortda: that the attached cody of advertising was published in said neuspaper on dates listed. Affiant further says that the said Naples 0atly Neus is a n~spaper published at Naples, in said Collier County, Florida, and that the said neuspaper has heretofore been continuously published in said Collier County, Florida, each day and has bee~ entered as second class mail matter at the pcst office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the ~tt~ched copy of ~dvertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or r~fund for the purpose of securing this advertisement for publication in the said neuspaper. ~UBLISHED 0~: 01/12 A0 SPACE; 104.0C0 INCH FILE0 0~1: 01/12/98 S~orn to and Subscribed before me thi$_/~.' Personally known by ,e ' '"'',~/--~/~'~ NOTICE TO CONTRACTORS /~AINT~NANCE OF WATER MA NAC-f:.MENT AREAS AQUATIC MANAGEMENT WITHIN TI-~ DISTRICT NOTICE IS HERESY FI~LER"$ ~EEK MENT DISTRICT [lhe "DISTRICT"), COLLIER COUNTY, FLORIDA, u~l 1~0 ~.m. I~1 time, Frf- ~V, J~ ~, I~S, Pelican Marsh Blvd., Nooles, FL 34108, and c~me~lng ~ 1 p.m. ~e ~e ~e, such bids as received will ooen~ and r~ aloud me OIsm~ ~lce. The work. f~ which Dr~o~ls ore ~ ~ I~ I~, ~rl~s nnd ~lpme~ f~ ~e r~ne Jhlg~ ~oI1~ of water management the soeclfJc~lons and WI~ ~ce. One c~y ~ D~ f~ms ~ ~ exc- ite. A mon~ ~re-bld ~e~e ~11 ~ held ~e Ol~ ~¢e ' nl~ ~ I P~. ~ol time con~o~or~ who hove c~f~e~e. A C~I~ ~ C~l~s s~e ~ ~ Bid ~ aercenf (5%) of the o~ ~ ~e bld ('~ld ~ FI~'s ~k C~- m~ ~el~m~ Dis. trial, %boil ~comoony ~h bid ~ o ~o~ w~ ~ me bl~ ~ ,,~ bl~ ~. In eve~ ~ me ¢~ will e~er I~ o ~d ~1~ ~e r~ir~ to/ll~ ~lCh ~e Bid De- t ~y ~ r~olned by ~ Bid ~ S~II 8e~s Guldellm, Pr~ls ~1 ~ Ore- ~ored__ oddrested and as ~ f~ In ~e C~ ~u~ ~e rl~ ~ ~c~ ~ re- -vi I~ewl~es, ~t ~e ~e I~ere~ nh O~el~me~ HapLes, FL 33940 Affidavit of Publication Naples OaiLy tl~s FIDDLER'S CREEK COMHUN[TY DEV. DISTRICT - GARY HOYER 1030(] HU 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052301 57606529 UOT[CE TO CONTRACTOR State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she servel as the Assistant Corporate Secretary of the Naples Gaily ~;ews, a daily newspaper ~ub~shed at Na~L~s, in Collier County, Florida: that the attached copy of ~he advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the f~rst publication of the attached copy of sdverttsement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED Cji: 12/09 0117 REQUEST FOR BID N O TIC..~ TO CONTRACTORS M,~ IN TE NA riC.,E CF WATER M,A NA GE/'~,EtIT AREAS WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN that sealed bids will be received by the FIOOLF:R'S CREEK ,MUNITY DEVELOP. ,~ENT DISTRICT (the "O~STRICT"L COLLIER COUNTY, FLORIDA, urr~l 1.~',~) p.z'n., local time d~,, OecernOe~ 23, 1997, o'~ the following 9'85 Pellcc~n 6aorsh ~oule- vc~d, Haoles FL. ~4108, ~ Comment ng ~t 1:04) SUCh bi~ oi recelv~ will be ~e~ed and read olou~ The work ~of which or~ls ore to ~ ~O. e~uiome~ f~ ~e r~lne high ~uoli~ maintenance cleaning o? aquatic gr~ ~om ce~otn re? m~geme~ ~e~ In ~e Fl~er's ~eek mun~/ Oevel~me~ Dis* f~J~. ~ursuonf fo the f~ms ~d cond~ons of the Soeciftc~lons and ~inlng ~ which m~ ~ examined ~ ~e WI~ ~ce. One cody ~e ~ume~. In~udlng bilk b~ f~ms to ~ exe- ~ ~ ~bm~ w~ ~ce. A man~ ore-bid c~ence will ~ held ~e O1~1~ ~ce ~gin- time ~ Fda, ~r 1~, I~, Bids will ~C~t~ only ~om con~a~ors who have r~rese~lv~s) ~ A c~fled ~ C~l~s a ~m ~ I~s ~n five percent (~%) of the ornourff Ol' ~e bid ('1)Id Del)oilY'), mo~e ~le AD SPACE: 1~.~ INCH ta Fmd~'s ~eek Com. "''~'97 mun~ Oevel~me~ Dis. FILED ON: 1~/ / ~ . J trig, snail .................................. F ........ ~'~ .............. I ~h bid ~ o ~- /~ th~ ~e bidder will Signature of Affirms / '~ al~ ,r~s ~ ~en. ;lng ~e btds ~d, In ~e will e~er I~o a / , , C~c~e ~ Insuro~e, '- ' [ failing w~lch ~e Bid OB- ' O~ ~y ~ r~aln~ by Idornoqe~. Bid bonds shall be h'om o surety wtrn an ~ better rafl~ u~r Bel"r s Guidelines. Pr'ODO'S<31S shall be pre- pared, addressed and suDmiffed in ¢om~llonce · .h'1~ detailed Instruc99on$ as ~t f~ In ~ume~ ~e Ots~l~ reserves · e r{g~ ta j~ any ~ aU bids, to waive irre~l~Hes, teem nJc~ error% Ond f~molJ- H~, and to ~st ~e ~e Im~reit of ~e Oi~t~. Oe~ 9 NO. 1116786 1GGIa NapLes, ~L 33940 FIOOLER'S CREEK COMHUNZTY DEV. D£STR[CT - GARY MOYER 10300 NW 11T~ MAI~R CGRAL SPRLt~GS FL 33071 ~EFERE~CE: O52~O1 576C~531 NOT~CE TO C~NTRACTOR State of FLorida County of Collier ~efore the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secretary o~ the Haple$ 0ail/ ~lew~, a daily newspaper p~blished at ~lapLes tn CoLLter County, Florida: that the attached copy of the adYertisJng ~as published in said newspaper ~n dates Listed. Affiant further says that the said UapLes Daily ~evs is a newspaper published at UapLes, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been ~tered as second class mail matter at the pos: office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or COl>oration any discount, rebate, coaaission or refund for the purpose of securir~J this advertisement for publication in the said newspaper. PUBLISHED ON: 12/C9 NOTICE TO COt~TRACTORS 5~CURITY PATROL WITHIN THE DISTRICT NOTICE I$ HEREBY GF,/I~N tt'K~ sealed bids will ~ feceiv~ by FIDOLER'5 ~EEK ~U~ITY DEVELOP. f~EHT DISTRICT (the "DI$ T~ICT"}, COLLIER COU~ITY, ~ORtOA, u~l 2~ P~., I~ol time Tues- ., Decem~ 23, 1~7, ~ commencing ~ch bi~ os r~efved will be ~e~d ~ r~ a~ The ~ t~ '~lch Pr~l~ ore ~ ~ e~pme~ f~ high ~oll- ~ s~ur~ ~ol ~lnlng ~ere~ whlc~ m~ ~ exomlned ~ ~e · l~ Office. One C~y Of ~e ~ume~, bl~k Did f~ms fo ~ ~e- C~ ~ ~m~ed w~ o ~1, ~ o1~ c~f~e~e will be held ~r 12. 1~. 81~s ~11' con~a~ors w~o c~ere~e. - A c~l~ ~ C~lers oercent (S%l of Ina a~ ~ ~e bid O~), ~ ~e mun~ Oevel~e~ ~lct, S~oll occomDonv ~h bid ~ a ~o~ ftxzt ~e bid~e~ will rot ',,,,Wt~aw h'om ~e bid-. dlmg A0 SPACE: ~.C~ :~CH FILE0 Ct~: 12/09/97 ........................................... ~ ..... + ........................ .~d~ ~ I~o a C~ ~ ~."1 ~d ~1~ ~ r~lr~ ~j. ~_. J C~mc~e ~ In~e Signature o~ Affiant / Ilqul~ , Personally known by ~e '*" { ~L ' ,/'~'~ ~ ' ~Ou~ll~ ~ / pored, addressed and . w~ ~IIN ' ~t~ ~ec~ ~ume~ . .~ ~s~ r~ . ~lve I~l~es, 'fl~, NO. 1116780 Affidavit of Publication Naples Oa~l/ ,ews FiOOLE~'S CREEK COHMUNITY OE'I. O:$TRICT- GARY ~YER 10300 NW 11TH MMIOR C~R~L SPRIY~S FL 33071 NOTICE TO CONTRACTOR State of Florida Count7 of Collier Before the undersigned authority, personalty appeared B. Lamb, who on oath says that she servel as the Assistant Corporate Secretary Of the Naples Oal~y hew~, a datly newspaper pu0ltshed at in Collier County, Florida: that the attached copy of the advertising was published in sa~d ne~spape~ on dates listed. Affiant further says that the said Naples Oatly News is a nevspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day arJ has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that ~he has neither paid nor promised any persan, firm or cap, ration any discount, rebate, commission or refund for the purl>DSC of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/0<) AD SPACE: ~<).000 INCH FILE;) C~i: 12/09/97 ............................ Sl~nature of Affiant S~,orn to and Subscribed before me this ~ day of ~ersonally known by me ,OT~CE TO CO/'iTRACTORS STPEET SWEEPltlG WITHIN THE DISTRICT ~OT~CE ~S HEREBY will be r~elved b'/ F~COLEa'5 ~EEK ~AUHI T'/ DEVELOP- f~ENT DISTRICT "D~ST~CT"), COLLIER ~/, Oecember 23. 1~7. O~ commencing ~ be ~en~ ~d read ol~d The ~o?~ Jot J umen~ Oe~otni~g J which m~ be examined J ~ me Ot~l~ O~ce, One ~ coov of ~e ~ume~, In. J be es~ O~ $ubm~- ~ ~ond~o~ otc.bid conf~ence will be held me O~s~J~ O~ce begin- ~me~ Frt~, Decem- ~:eDted only ~om ~ose ~ sum ~ le~s ~on five percent (5%) of the om~ of ~e bid {"Bid mu~ Oevel~me~ DIs- trt~. $~011 ~h bid ~ o ~omee ~d~ to ~e ~tdde?. he wdl e~e? I~ a cn~ ~?nl~ the re~lr~ C~fl~e of Insuro~e. po~ ~ be r~otn~ bY ~s Guldelln~ Pr~ls ~11 ~ pre~ 3~,~ ~area, addressed aha ~e Ols~l~ r~es nicol ~ors o~ f~mo I- ~ ~e ~e Imefe~ ot =i~l~'s Creek Commu- ': "~ ~'~" J":'~ld~er~ll167~N DISTRICT EI VICE$ TO: FROM: SUBJECT: DATE: CC MEMORANDUM I.\.\~F5 1". WARD. DI.qTRI('TI' MAN:\GER C] fl ;CK AD,.'O, IS · FIELD SL-U\'AGER FIDDLER'S CREEK. $'I'REET$~EPENG BID TABULATION 12/25/97 'Fne Distm.x has recentl,v solicited bids for street sweeping at Fiddler's Creek. Currently, th: scope of "-'crk in :ludes the sweeping of Fiddler's Creek Parkway from S.R. 951 to appro.'~mately 2SC' past the mare/.,-azrdhouse eveO' Friday. District staff received ordv one bid proposal for the work. The proposal, from Litter Control Nc., is for a first 7ear (8 I/: months) price of S3,6GC.C0 and a second yea.- option price of 54,80G.C0. Staff has revi.'~'ed the qualifications of Litter Control Inc. and has found them to be qualified to c.u-rv out tke work as specified in the contract. Therefore, staff is recommending the aw,u'd of contract to Litter Control Inc. If '.'or! should have any questions or require ad&tional information, please contact me. liddler's Creek Community Development District Budget Fiscal Year 1998 General Fund 1681 Capital Outlay Their are no Capital Outlay requirements for F~scal Year 1998. Other Fees & Charges Tax Collector Fees are based on Fiscal Year 1998 assessments to be collected. The Tax Collector charges three (3) percent of the assessments collected. Property Appraiser Fees are based on Fiscal Year 1998 assessments to be collected. The Tax Collector charges two (2) percent of the assessments collected. Revenue Rese~'e ~ursuar, t to State Law, the District is permitted to appropriate 96% of estimated revenues, which will cover discounts and non-pa,v'ment of assessments. Total Other Fees & Charges: $0 $0 Total Appropriations: $679,700 · ........... = .,. ~ t II t II, lttttt I I IIIIII IIII ' ' ' ii ~ ............ Illi Community Development District Budget Fiscal Year 1998 Debt Service Fund Revenues: Unappropriated Fund Balance- October 1, 1997 Assessment Levy Interest Income Total Revenue: S1,348,100 $0 $167,65o $1,515,750 Appropriations: Debt Service: Principal Debt Retirement Interest Expense Total Debt Service: S0 Sl ,515,750 S1,515,750 Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Fees & Charges: $0 $0 S0 $0 Total Appropriations: S 1,515,750 Community Development District Budget Fiscal Year 1998 Debt Service Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 1997 16Gl, { Revenues: Unappropriated Fund Balance Principal Prepayments Bond Proceeds Interest Income Total Revenue Appropriations: Principal Prepayments Principal Retirement Interest Expense Total Appropriations Net Income Actual Anticipated Total Budget Received or Expended F~scal Year FY 97 4/30/97 Thru 9/30/97 1997 Variance Favorable (Unfavorable) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,697,060 $4,697,060 $0 $4,697.060 $0 $188.000 $89.168 $98,832 S188.000 $0 S4,885.060 $4,786,228 $98.832 $4.885,060 $0 $0 $0 SO SO SO $0 $631,563 $0 S0 $0 $0 $0 $631;563 $631,563 $0 $631,563 $0 $631.563 $631.563 $0 $4.253.497 Fund Balance Se2tember 30, 1996 (Actual) Reserved for Debt Service(All Years) Reserved for Debt Service(F~scal Year 1999): Principal on Bonds Due 1111/98 Interest Expense Due 11/1/98 Reserve for Future Services Unappropriated Fund Balance September 30. 1997 $0 $757.875 $0 $1,953,375 $757,875 $194,147 $1,348,100 10 Fiddle r's Cr e e k community Development District Budget Fiscal Year 1998 Debt Service Fund Revenue Summary: Reserve Account: The Bond Resolution authorizing the issuance of the Series 1996 Bonds established this account and provides that the Bond Reserve Requirement shall be an amount equal to the maximum amount of principal installments and interest payable in any year on all bonds outstanding. The monies in the Reserve Account, to the extent of the bond reserve requirement, are not available for any purpose other than the payment of the principal installment and interest on the bonds Reserve Requirement $1,953,375 The District has invested the reserve funds in the following: US Treasury Money Market 5.000% $1,960,593 S1,960,593 These investments are in accordance with those permitted as outlined in the Bond Indenture Debt Service Accounts: The Bond Indenture authorizing the issuance of the Series 1996 Bonds established six (6) Debt Service Accounts to track the flow of funds from the receipt of monies through the Payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Indenture. Description Interest Bond Sinking Interest Account Redemption Account Prepayment Sub-account Revenue Account Rebate Account SO S0 S0 S0 $69,650 S0 S69,650 $98,000 $69,650 11 Fiddler's Creek Community Development District Budget Fiscal Year 1998 Debt Service Fund Appropriations: Debt Service Principal Retirement- November 1, 1997 Interest Expense for the period ending November 1, 1997 for the period ending May 1, 1998 Total Interest Expense: SO $757,875 S757,875 $1,515,750 Other Fees & Charges: Tax Collector Fees are based on Fiscal Year 1998 Assessments to be collected. The Tax Collector's fo_es are two (2) percent of the assessments collected. Property Appraiser Fees are based on Fiscal Year 1998 Assessments to be collected. The Property Appraiser's fees are one (1) percent of the assessments collected. Revenue Reserve The District currently reserves, and State Law permits the District to appropriate96% of estimated revenues, which will cover discounts and non payment of assessments. Total Other Fees & Charges Total Appropriations Sl,515,750 SO SO SO SO Sl,515,750 Fiddler's Creek Commu.uity Development District Form BF0304, Line 16 Detail Debt Service Schedule Exhibit A l'6Gl,,, I1,'711J12.~O 13 THIS AGREEMENT, made and entered into this 30th day of July, 1997 by and between: Fiddler's Creek Community Development District, a public corporation created pursuant to Chapter 190, Florida Statutes, hereinafter referred to as District; and Gulf Bay 100, Inc. Ltd., a Florida Limited Partnership by Gulf Bay 100, Inc. as General Partner, and Parcel Z, Inc. d/b/a 951 Land Holdings Joint Venture hereinafter referred to as Developer; WIT and NESSETH: WHEREAS, the Developer owns the majority of all lands within the District; WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of' the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget commencing October 1, 1997 and terminating September 30, 1998; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in ~upport of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees thai; upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bondr, s). The advances made pursuant to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). Fiddler's Creek Development District Community James P. Ward Secretary Clifford Olson Vice Chairman Gulf Bay 100, Inc. Ltd., a Florida Limited Partnership by Gulf Bay 100, Inc. as General Partner, and Parcel Z, Inc. dgo/a 951 Land Holdings Joint Venture Aubrey J. Ferrao, President Fiddler's Creek Communil~ DeveloF~menl Dislr|ct July 8. 1997 Gulf Bay CommuniUes 4001 Tamlami Trail North Suite 350 Naples. Ft. 33940 AttenUon: Anthony DINardo Dear .Mr. DINardo The current ftmdlng requirement for the Fiddler's Creek Community Development Dlstrtct Is necessary to pay the following. Pay Request # 14 Board of Suvcrvl~Qr~ 6/25 MeeUng 4 Supervisors Attended $800.00 Fees For .July. August. September. October. November $5.000.00 Navies D&U? Ncw~ .1410336 6/25 Meeting Notice Fedex ~.l. 186-47957 6/6 Set, lee ,4. 193.59933 5/21 Service Indian Trace CDD m042 6/97 L/Jr, g Distance ¢gral $vrin~s Impr0vcment District m000871 Post~ge/Coples ~000946 Postage/Copies Gary L. Mover. P.A. July '97 Fees Jr,ne '97 Postage Charge June '97 Copy Charge July '97 Rent July '97 Computer Service W99dwi~rli. Ptr~s & Lombardo, P.A. 4/97 ReprcsenlaUon ~9 $58.20 810.97 $38,28 $7.45 $21.69 S10.94 $2,750.00 $19.28 $22.12 $200,00 $400,00 $949.56 Total Request: $10.288.49 FIDDLER'S CREEK COMMUNITY DEVELOPME:Cr DISTRICT 10300 N.W. llth M~mor Coral Springs. Fl. 33071 Accordingly, It would be appropriate for Gulf Bay Communities to fund these Items at your earliest convenience. Thank you for your attention to this matter and If you have any quesUons, please let me know, In the meanUme. I remain. Yours sincerely. Randolph G. White Director of Accounting E E E E 0 C C ,'DO ,July 30, 1.°~37 SIXWtI ORDER OF BUSEN'ESS Approval of Funding Requ~t No. 14 Mr. Olson asked are there any questions or comments regarding Funding Request No 147 Mr. Minor stated I have a comment. I didn't see any Engineering this time and I didn't sec any last time. Mr. Cole stated we have submitted an invoice every month. Mr. Olson asked is thc Developer paying for that? Mr. Ward stated if it is capital related, it is coming out of the bond issue. This is just for your General Fund. Mr. Minor stated there is a line item for him to attend meetings and I would assume that that would appear every month. Mr. Cole asked are you saying that comes out of the Capital Fund? Mr. Ward replied not your attendance at these Board meetings, I know you bill that separately. If it has been billed to us, we are either waitingTor the money to come in from Gulf Bay or if we have received it, it has been paid and if it has not been billed, you haven't seen it as yet. ][On MOTION by Mr. Olson seconded by Mr. Minor withl[ al! in favor Funding Request.. No. 14 was approved. II ~t ORDER OF BUSLNF__~S Adjournment Mr. Ward stated if there is no further business, a motion to adjourn the meeting would be in order. liOn MOTION by Mr. Minor seconded by Mr. Riegelhaupt /with all in favor the meeting was adjourned at 11:00 IA.M. "6~ - { ~---oc · Z- -'/'-' Paul Riegelhaupt '/ Assistant Secret~ry Larry ,Mullin~ Chairman \ Wednesday July 30, 1997 10:00 A.M. o AGENDA FrDDLER'S CREEK COMM-UNITY DEVELOP~[ENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 33940 Roll Call Approval of the Minutes of the June 25, 1997 Meeting Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and the Levy of Non Ad Valorem Assessments Staff Reports A. Attorney B. Eng4neer C. Manager Superv{sor's Requests and Audience Comments Approval of Funding Request No. 14 Adjournment N&~Les Oat Ly Affidavit of PubLlcatto~ Naples Daily flews FiDOLE~'S C2EEK CCMMUN~T'f DEV. DISTRICT - GA~Y MOYER 103CO NU I'~H MA~R CO~AL SP~:~GS FL 33071 ~EFE~E~dCE: C52]~1 575375G$ ~tice Of Meeting Fi State of Florida County of Collier Before the undersigned authority, personally appeared ~, Lam~, ~ho on o~th says that she serve~ as the ~s$tst~nt Cori:~r~te Secretary Of the Naples ~a~l/ t~ew$, a datl! newspaper published at t;eples, in Collier County, Florida: that the attached cody of the advertising uas published in said newspaper on dates Listed Affiant further says that the said Naples 0oily )(eus is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each da7 and has been entered as secor'zl class Jail matter at the post office in Naples, in said Collier County, ;lorida, 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 ~r promised any rerlcn, firm or cogoration any discount, rebate, co,~missiCn or refund for the purpose of securing this advertisement for publication in the said ~ewspaper. PUBLISHE~ C,: 07/~ O7/21 AD SPACE: 73.000 INCH FILED O,: 07/21/97 ,:; \, Signature of Affiant ' Sworn to and Subs:ribed before .me this day of .-* 19- ~ersonall7 k~o~n .by me ; 1661 ~: [. Notice Of Meeting - .~,~ j:'_ Fiddler's O'eek , : Corrvnunh'y Improvement Disirid :TI~ Board of Supervls~-s of the Fiddler's 'O'eek C~mmunil',, Development D sh-ict ' .wi!l hold ~o public heorfng on Wednesday, July 30, 19?/at 10:00 A.M. in the Northern /rlJst B~k Build)rig, 4001 Tomlaml Trail ~'h, ~ Floor, ~e Lorson Room, Naples, Florida k)r the of hearing com- _ purpose menis and co actions on the OdD,on of the buCci(s) f~ the operation and moini'e. r~n~e of Distr)d focJlJites for Fiscal year 1998. In addition the Board will hear public c~'nment and o~lectio~s relative to the of a r~n od valorem assessment pursucrrt to Fie'ldo Low for the pur!~ose c~ ope'atthgr matntainir~ and ~lng pdnclp¢l, Interest and other tek:ted financing ex~enses of the Oi~h'tct. The DIs~'ld may also fund various todllties t~ouqh the collection of Certain rates, fees and chcrges which ore Identified wit'n/n the budget(s). A Copy of the budget(s) ~ be oOiained at the o~¢es of the Dis. ~(ct A~c~er, 10300 N. W. 1l ManoG Cora/ ~'tngs, 'F~tda, during normal business ~ours. The. 8oord will also consider ather.b~ whJ~ may properly come before lt.:...' · Ther~ may be 'occasions when one mcee' St,l:~"vis~s will porlidlx:rte by tele. ~hooe. At the obave tocaiton there will be prese~ o ~e~er telephone so that any in. t~rest, ed per,on can attend the meeting at the above Iocu-qion and be MIy )ntormed o; the dJscussJ(ms taking p~ace either In per. son or b? tttePh~ne communication. Any person requiring toedol occom. modclion at this meeiing because o( o diso- bJlii-/ or physical Impairement s~ould corrtoat the DistrJd Office at (9S4) 753-0380 ct lecst five calendar cloys prior to the meeling. Ecch ~erson who decides to appeal any decision made by the Bo~rd with re- koect to any matter considered at the meeting is ooMsed that person will need a record of the proceedings and thct accorUingl% the person may need to sure ~ot a verbatim rec~'d o~ the pro. ¢eedings Is made, Including the testimony and evidence upon whic,q Suc.q ~PPeoI is to be based. C.~W L. ~oyer July H, 21 No. 10314~9 · . :. ,.'... RI~OLUTION 97-5 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE FIDDLER'S CREEK COMMUNITY DEVF. I~P~ DISTRICT FOR FISCAL YEAR 1998 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 30th day of July, 1997, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final Budget; NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF SUPERVISORS OF TH]g FIDDI.ER'S CREEK COMMUNYYY DEVEI,OPMENT DISTRICT; I. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1998. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 30th day of July, 1997. CliffoFd~Olson Vice Chairman Ja~nes P. Ward S~/cretary Community Development District Budget Fiscal Year 1998 Community Development District Budget Fiscal Year 1998 July 30,1997 Table of Contents Section 1 Section 2 Section 3 Introduction Background Information Facilities of the District Financing Structure Maintenance of the Improvements General Fund Budget Summary Revenue Projections Appropriations Projections Administration Personal Services Professional Services Administrative Services Field Landscape Maintenance Security Services Street Lighting Services Street Sweeping Services Aquatic Maintenance Contingencies Capital Outlay Other Fees & Charges Debt Service Fund Budget Summary Revenues Appropriations Statement of Revenue, Expenditures and Changes in Fund Balance Revenue Summary Reserve Account Debt Service Account Appropriations Other Fees & Charges Debt Service Schedule (Exhibit A) 2 2 3 4 4 5 5 6 6 6 7 7 7 7 8 8 10 11 11 11 12 12 13 Fiddler's Creek Community Development District Budget Fiscal Year 1998 BACKGROUND INFORMATION The Fiddler's Creek Community Development District (District) is a local, special purpose govern, ment authorized by Chapter 190, of the Florida Statutes as amended, as an alternative method for pla,"mi.ng, financing, acquiring, operating and maintaining community-wide infrastructure in planned corru:nunities. The District is a mechanism which provides a "solution" to the State's needs for delivery of capital Lrffrastructure to service projected growth without overburdening other governments and their taxpayers. They represent a major advancement in Florida's effort to manage its growth effectively and efficiently. The District allows the coma.unity to set a higher standard for construction along with providing a long- term solution to O~'e operation and maintenance o£ community ameaxities. The foUowing report presents the Budget of the District for Fiscal Year 1998, which begirrs on October 1, 1997. The Budget for the District is organized by fund to segregate financial resources and ensure that tl-,e segregated resources are used for their intended purpose. FACILITIES OF THE District The Lmprovements of the Fiddler's Creek CDD will consist of roadways, a storm-water management system (lake and water control structures), water and sewer facilities, street Ughting, landscaping, entry features, wails, and related improvements. The District will retain on-going maintenance responsibilities for a portion of these facilities, such as the storm water management system, street Lighting system and landscaping features which include the entry, features and waUs. The water and wastewater facilities will be conveyed to Collier County. FINANCING STRUCIITRE TEe Fiddler's Creek Community Development District issued Special Assessment Revenue Bonds to finance ~e facd2ities described above, and are repaid th.rough an annual debt ser~'ice payment assessed agaia'~st each lot. This fixed yearly assessment varies according to the housing ~pe in which you llve and the irffrastructure benefit allocated to that housing type. MA~q-I'EN AN CE OF THE IMPROVEMENTS In order to mahntain the facilities, the Fiddler's Creek CDD each year conducts hearings to adopt an operating budget. This budget includes a detailed description of the maintenance program along with an estimate of the cost of the program. The funding of the ma~tenance budget is levied as an assessment on your property by the Distafict Board of Supervisors. The assessment is then transmit'ted to the CoLlier County Property Appraiser for extension on to the county tax roll for the year. The balance of this report contains these maintenance estimates for Fiscal Year 1998. i Fiddler's Creek Community DeveloPment District Budget Fiscal Year 1998 General Fund Budget Summary Revenue Projections Unappropriated Fund Balance Interest Income As~..ot, t, me~t Levy Appropriations Projections Administration Personal Sev.'ices Professional Se."x'ices Engineering Legal Audit Arbitrage Rebate Calculation Management Trustee Fees Administrative Services Telephone Postage & Reproduction Printing & Binding Legal Advertising Office Supplies Computer Services Subscriptions & Memberships Office Space Rental Insurance Total Revenue: ~,000 ~74,700 $679,700 $12,000 $10,000 $18,000 55,500 53.5OO 534,650 54,500 $500 550O $1,800 S1,600 5600 54,800 $200 53,600 S7,500 Landscaping Maintenance Other Contractual Improvements & Renovations Other Maintenance L'-rigation Electric Service Irrigation Water Fees $260,000 $20,000 $1,200 536,000 534,000 Security, Services Repairs & Maintenance Other Contractual S2,700 5130,000 .qidd&r's Creek Community Development District Budget Fiscal Year 1998 General Fund Budget Summary Street Ligh~2.ng Services Re?ak"s & Maintenance Elecmc Service $2,600 $8,000 Street Sweeping Services Other Contractual Services S32,~0 Aquatic Services Other Contractual Services Contingencies Capital Outlay Other Fees & G~arges: Tax Collector Propert7 Appraiser Revenue ReserYe Total Appropriations 516,500 527,200 $0 SO SO SO 5679,700 Equivalent Residential Units Per Unit Cost 937 5720.06 Fiddler's creek Community Development District Budget Fiscal Year 1998 General Fund Mmints ~a rio Personal Services The a.=ount paid to each Supervisor for the time devoted to the District business and monthly meetLngs. The amount permitted is $200 per meeting for each member of the Board. Generally, the Board of Supervisors meet once a month throughout the Fiscal Year. S12,000 Professional Services Enginee~g Consists of attendance at scheduled meet'~gs of the Board of Supervisor's, offering advice and consultation on all maUers related to the works of the District, such as Bids for yearly contracts, operating policy, compliance with regulatory permits, etc.. Legal / Requirements for legal services are estimated at an annual expenditure of $~,000, and cover such items as attendance at scheduled meetings of the Board of Supervisor's, Contract preparation and review, etc.. Audit The District is required to armually undertake an independent examination of its books, records and accounting procedures. This audit is conducted pursuant to State Law and the Rules of the Auditor General. Additionally, the District is required to prepare Arbitrage Rebate Calculations for each of its Bond Issues, in accordance with the Tax Reform Act of 1986. Audit Fees: 55,500 Arbitrage Fees: $3,500 Total: $9,000 $10,000 $18,000 59,000 Management The District retains the services of a consulting manager, who is responsible for the daLI}' administration of the District business, including any and all financial work related to the Bond Funds, General Funds and Capital Project Funds of the District, and preparation of the minutes of the Board of Supervisor's. In addition, the District Manager prepares the A.,'mual Budget(s), implements all policies of the Board of Supervisor's, and attends all meetings of the Board of Supervisor's. The amount recommended for FY 1998 is $34,650.00 $34,650 Admi nix tra tio n : Fiddler's Creek Community Development District Budget Fiscal Year 1998 General Fund Professional Services (Continued) Trustee ~ In 199~ the District issued Bonds for the construction of its Facilities. Pursuant to the Bond Resolution, a Trustee was selected to administer the various accounts established pursuant to the Trust Indenture. Administrative Services: General operation and overhead costs assodated with the day to day aciministrative duties of the District. Telephone Postage & Reproduction Printing & Binding Legal Advertising Office Expenses & Supplies Computer Services Subscriptions & Memberships Office Space Rental 54,500 5500 S500 $1,800 S1,600 $600 S4,800 52O0 53,600 Insurance The Dis~ct maintains a general liability policy and Public Officials Liability and for Fiscal Year 1998 the projected premiums are as follows: Public Officials Liability: S2,500 General Liability,: S,5,000 Total: S7,500 Total Administration: $7,5OO $109,250 , [[ [ Il I I I Illl Il I I I I Ill Il ' ' Il ...... ! Fiddler's Creek community Development District Budget Fiscal Year 1998 General Fund Landscape Maintenance Other Contractual Services The District maintains a landscape contract with a qualified Landscaping Company which provides labor and certain equipment for the landscape maintenance of the Fiddler's Creek Commurtity. Improvements & Renovations The District's Landscape Program antidpates the need for tree and shrubbery, replacement due to pests, acddent, storm damage, etc. along with fund allocations for annual flowers for entry impact tl'u'oughout the year. Other Maintenance This category antidpated the expenditure of funds on small repair and maintenance iterms not covered under the landscape contract. Irrigation Electric Service The Landscape Program includes the operation and maintenance of the right-of-way irrigation system including the operation of the high service pumps. It is projected that the following funds will be required for electric service charges incurred. Irrigation Water Fees The District will be receiving effluent re-use water from Collier County for irrigation purposes of the right-of-way per the County's effluent re-use rates and fees. It is anticipated that the following funds will be required to meet the irrigation needs of the District. $260,000 $20,000 51,200 $36,000 $34,000 Security Services Repairs & Maintenance Allocation of funds for the routine repair and maintenance of Security related equipment is recommended for this Fiscal Year. Other Contractual Services The District's Security Program is implemented through a qualified Security contractor on an armual basis which contract requires the following funds. $2.700 $130,000 liddle r's Creek Community Development District 1 6(;1 Budget Fiscal Year 1998 General Fund Street Lighting Services RepaLrs & Mainten,'mce It is anticipated that the £oLlowLng/'unds will be required for the routine repaired maintenance of the District's Stzeet Lighting system. Electric Service The street light electric charges are to be bLLled on a monthly basis with a fLxed per pole and luminaize type charge. It is recommended that the following funds be allocated for this Fiscal Year. Street Sweeping Services Other Contractua! Services The District contracts this program thzough a qualified contractor on an annual basis. The following funds are recommend for fids Fiscal Year to implement the District's Street Sweeping Program. Aquatic Maintenance $2,600 58,000 S32,250 Other ContractUal Services The Dis~ct cc,nh'acts this program th. rough a qualified contractor on an annual basis. The following fuan~ are recommend for this Fiscal Year to implement the District's Aquatic Maintenance Program. $16,500 Contingencies For those Field items which may not be projected but may require Dis~ct action to addzess, it is recommended that funds equal to 5% of the Field Operations be set aside and used for such contingencies. 527,200 Total Field: $570,450 I I I I I I This report is intended solely for the use of management and the Auditor General of the State of Florida and should not be used for an>' other purpose. Hov,'evcr. this report is a matter of public re- cord and its distribution is not limited. Tampa. Florida October 30. 1997 I I I I I I I I I I I I December 3, 1997 Board of Commissioners Collier Mosquito Control District 600 North Road Naples, Florida 34104-3464 Dear Commissioners: We acknowledge receipt of the Management Letter presented to you by Coopers & Lybrand, 1,. L. P., and included in the audited General Purpose Financial Statements In response to their Current Year Comments: Radio and computer equipment declared surplus by resolution of the Board on September 9~, 1997, remains on the premises awaiting disposition. Regarding vehicles traded, cards were properly identified by date. disposition and initials ofwitness. Regarding the sale of the 771 Airport Road property, all required steps were followed, computer records were updated and a full file drawer contains all documentation. However, the date of final disposition did not appear on the property record cards and they were not signed. We shall do all possible to insure that, in the future, documentation is promptly posted on all property record cards. Sincerely, Frank Van Essen, Executive Director Jo,~ 151 Owens', Director, Administration MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager l/}q~ Clerk of the Circuit Court/Finance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Fiddler's Creek Community Development District 1. Pursuant to Flodda Statutes Chapters 189 and 190, the Fiddler's Creek Community Development District submitted the following: / (a) Minutes for Meeting held July 30, 1997 · (b) Minutes for Meeting held September 24, 1997 (c) Minutes for Meeting held November 12, 1997 (d) Minutes for Meeting held January 28, 1998,/' (e) Resolution adopting the Annual Certified Budget for 1997-98 (f) Annual Audit report for Year ended September 30, 1997 (g) Annual Financial Report for Year ended September 30, 1997 Thank You. :~peciar~,pecial Gar9 L. Moger, Rtl. land [)et'clopmenl e, ,',l,ma,qcrnem ('Ozl~llhant 1661 Date: February 19, 1998 10300 Northwest Eleventh Manor Coral fiprinfls, Florida 33071 (954) 753.0380 Memorandum To: Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Reference: From: Minutes of Meeting held July 30, 1997 Gary L. Meyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Enc. MINUTES OF ~G FIDD~,ER'S CRk'~.K CO~fUNITY DEVELOPI~iENT DISTHICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, July 30, 1997 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. Present and constituting a quorum were: Clifford Olson Paul Riegelhaupt Grady Minor Also present were: James W'ard Tony Pires Terry Cole Mark Strain FltlST ORDER OF BU~ Vice Chairman Assistant Secretary Assistant Secretary Assistant District Manager Attorney Engineer Gulf Bay Communities Ron Can Mr. Ward called the meeting to order at 10:15 A.M. and stated the record will reflect that Supervisors Riegelhaupt, Olson and Minor are present and Supervisors Woodward and Mullins are absent at roll call. SECOND ORDF~ OF BUSINESS Approval of the Minutes of the June 25, 1997 Meeting Mr. Ward stated you have previously been distributed a copy of the minutes of the June 25, 1997 meeting and if there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. Mr. Minor stated on page 10, the seventh line, it says, "Mr. Pires stated that $1,200.00 goes away..." I think I said that. Also, 'Mr. Pires stated but the maintenance fee continues". I think I said that. A little below halfway down the page, it says, "Mr. Pires asked the reason for the Developer buydown at the end, is it just economics?" I said that too. That is all I had. Mr. Cole stated on page 7, the eighth line from the bottom, it says, "Mr. Pires stated Dymond Construction..." It should say Guymarm Construction. The fifth line from the bottom, it says, "Mr. Cole stated..." It should have said Mr. July 30, 1997 Pires. On page 8, the filth line from the top, it says "Merritt Club Drive" and it should say Marriott Club Drive. The ninth line from the top it says, "Peppertree and Baycreek Village". That should be Bent Creek Village, two words and Pepper Tree should be two words. Mr. Ward stated if there are no other changes to the minutes, a motion to approve the minutes subject to the changes would be in order. !On MOTION by Mr. Riegelhaupt seconded by Mr. Minor with all in favor the June 25, 1997 minutes were approved as amended. . .... THIRD ORDER OF BUS~ Public Hearing on the Adoption of the Budget for Fiscal Ye,-u- 1997-98 and the Levy of Non Ad Valorem As.~essments Mr. Ward stated item 3 on your agenda is the primary purpose o[' your meeting today. It is a public hearing relative to the adoption of your Fiscal Year 1997-1998 Budget and I would like to walk you through how we are proposing to pro~qde the sera-ices for Fiddler's Creek for next year. I am going to start on page 9 of the Budget book. The Fiddler's Creek District has currently three funds that we utilize within the District for t. he purposes of accounting, by that I mean financial accounting of your operations. The first one that is on page 9 is your Debt Service Fund. The Debt Service Fund of a governmental agency is a fund that accounts for the moneys that you have received from bond proceeds and which are going to be used to repay those bonds and special assessment moneys that will come into the District on a periodic basis to repay the debt associated with your bond issue. That is called the Debt Service Fund and each series of bonds that you do, or b-ill do, will have its own Debt Service Fund. Within a Debt Service Fund, it has a series of bank accounts associated with it. In this particular instance, you have seven different bank accounts, a Bond Sinking Fund Account, Interest, Redemption, Prepayment, Revenue, Rebate and Reserve. Those different bank accounts are utilized to flow money into this fund and then to eventually repay the bonds through time for the bonds that you issued in 1996. For Fiddler's Creek, there are really only a couple of operating accounts within this fund. One is what we call your Reserve Account and I b-ill ask you to turn to page 11. That is the amount of money that was placed in a specific bank account equal to 10% of the par amount of the bonds on the date of issuance of those bonds and which is utilized in the event that there may be some default in the future on that 2 ,July 30, 1997 bond issue. That amount of money is invested on a periodic basis throughout the year and those interest earnings are then utilized to either offset assessments which you may levy or to offset the principal and interest in the early years and this is Year 1 and Year 2 are what I consider the early' years of a bond issue. In addition to that, you have what is called a Capitalized Interest Account. That is called the Revenue Account at the bottom of the page. That is an amount of money that is also placed in a bank account within the Debt Service Fund and that is utilized specifically to pay Debt Service on these bonds in either the first twelve, twenty-four or thirty-six months of this bond issue. In the Revenue Account shown on this page is only the interest income portion of the revenue from those moneys sitting in there so there is an amount of money sitting in thc bank, it is earning intcre, st and that is flowing into your Revenue Account. That interest income in that Debt Service Fund plus the interest income off of your Reserve Account can then be utilized as an offset to your eventual principal and interest payments. If you go on to page 12, that page then shows you the amount of Debt Service that will become due on this bond issue in Fiscal Year 1998. Fiscal Year 1998 covers th~; period October 1, 1997 through September 30th of 1998 so we have no principal debt retirement due in our next Fiscal Year but we have interest expense due on November 1st of 1997 and on May 1st of 1998 in the amount of $1,515,750.00 total for the year. If you go to page 13, that is the current amortization schedule for these bonds. This is how these bonds would be normally amortized through the life of the bonds which is where we pick up the original amounts that will be due in November of 1997 and May of 1998. Now I want to move you back to page 10. Page 10 is what we traditionally call an income ~tatement in the private sector but in government it is a little more difficult to understand and I would like to take a minute and go through that income statem~;nt with you. This is an income statement for the Debt Service Fund only and what it essentially shows you in your Budget in actual columns for Fiscal Year 199-/is the amount of money that you received initially from your bond proceeds that were placed into this fund, so $4,697,060.00 was placed into your Debt Ser¥ice Fund when you did this bond issue. That came from the Reserve Account which we talked about earlier and capitalized interest that is being utilized to pay the debt service on these bonds from the inception through some period of time, and an estimate of the interest income that will be earned on those accounts for the current Fiscal Year so you have a total revenue stream in this first year of your bond issue of $4,885,060.00. From that $4,885.060.00, you are 3 obligated to pay the interest expense on your bond issue for the current Fiscal Year. That amount is $631,563.00. From that, we derive what we call a net income or a net revenue stream or cash stream in this bond issue. That is roughly $4.3 million. Since the fund did not exist prior to September 30th of 1996, we literally have no fund balance and in this instance that means cash balance so there was essentially a zero balance in this account prior to September 30th of 1996. The Reserve for Debt Service all year is the $1,953,000.00 which is thc amount of money that was placed into your Reserve Account and which must always be preserved in that bank account for the life of the bond issue. We also know that on November 1st of 1998, which is your Fiscal Year 1999, we have a payment to make for interest on these bonds but because it falls in your next Fiscal Year 1999, we need to reserve an amount of cash in the next year in order to fund that November I payment, so we take that out as a reservation of what we call our Debt Service Fund Balances. That gives us two line items that are left over: One we call a Reserve for Future Services and an Unappropriated Fund Balance. I am going to ask you to turn back to page 9 and I am going to show you how this works. This is a summary sheet for your Debt Service Fund. You have Interest Income of $167,650.00. That was an estimate based on the numbers I showed you on page 11 for your Reserve Account interest income and your interest income off thc Capitalized Interest Account and the Appropriations section says we know we have $1,515,750.00 due for interest expense on these bonds in Fiscal Year 1998. In govcrnmcnt accounting, all funds must balance so your total revenues and your total expenditures must balance. If you go back to page 10 again, you will notice that I have allocated $1,348,100.00 as the Unappropriated Fund Balance for September 30th 1997. That is the amount of money that we are going to carry forward into our Fiscal Year 1998 Budget and which can then be utilized to pay thc interest expense on those bonds in Fiscal Year 1998. With that amount of money, your fund will now balance and it shows that it is balancing on page 9. In essence, that means you have sufficient cash in your bank accounts for Fiscal Year 1998 and to reserve enough cash for your November 1, 1998 payment which is Fiscal Year 1!)99 and there is therefore no need to levy an assessment for the next Fiscal Year for Debt Service associated with these bonds. The balance of the cash that we have available in your bank accounts, the $194,147.00, we will rererve as cash and we call that Reserve for Future Services or Reserve for Future Debt Service but it essentially means that it is an amount of cash that we will carry 4 l l~l II I IIIII I IIIII IIIII IIIII I II I I ..................... I1'1 I IIIIIIII II II I I II I July 30, 1997 forward into your Fiscal Year 1999 Budget which begins on October 1 of 1998 and can then be utilized to pay Debt Service in Fiscal Year 1999. That is your Debt Service Fund Budget. The money is coming from capitalized interest on your bank accounts from the date you issued those bonds, there is no need to levy an assessment this year and that has been shown to you by virtue of the income statement that we have provided to you on page 10. With that, if you have any questions at least with respect to your Debt Service Fund, I will be glad to answer them at this point. Hearing no questions on the Debt Service Fund, the next thing I would like to do is take you forward in the book to pages 2 through 8. The next fund that we operate in Fiddler's Creek is the General Fund. In government, a General Fund is utilized to provide services to a community where the revenue is coming in the form of an ad valorem tax or a non ad valorem assessment or in the form of a contribution from a developer or some other entity for those services being provided. It is not a fee for services, it is not what is traditionally called a utility fund, a water and sewer fund for example, where someone sends you water and you use it and they send you a bill for it. That is called an enterprise fund, that is a fee for service. In this instance, the government is defining the level of service that it is providing to you, it is coming up with its budget and you as a legislative body are appropriating those funds and levying some sort of an assessment or tax on the individuals residing within your community for the purpose of providing those scrvices enumerated in your General Fund Budget. There are detail pages and I am not going to spend the time to go through this with you, unless you want me to, but I will go through it in overview format and cover the fees associated ~¼th the Board. The Professional Services are similar to what you have seen in the past. They cover our firm's fees, legal representation, engineering and you will be required to have an audit done pursuant to state law. Arbitrage Rebate Calculations are a requirement of the federal law these days and it means that on a yearly basis we must calculate the amount of interest income we have earned on all of the bank accounts associated with your bonds and compare that to the interest expense you have paid on the bonds. To the extent you have earned more money than you have paid, that is called positive arbitrage and the way the federal law works, five years after issuance of your bonds, you must rebate that to the federal government. If you are in a negative arbitrage position, the expense on the bond issue is more than the income, then there is no need to rebate it but the calculation is a requirement of federal law so we do that calculation on a yearly 5 July 30, 1997 basis. We don't do it but we hire a large CPA firm to do that calculation. It is an extraordinarily complicated calculation as I am sure you can imagine. The Trustee Fee is associated also with your Special Assessment Bonds. Administrative Services are my firm's cost of services for providing certain things to you with the exception of things like legal advertising which are direct cost reimbursements. The balance of the Budget, your Landscaping Maintenance, and Security Service, Street Lighting Services and Street Sweeping Services, Aquatic Services are numbers that we put together with the Developer who has provided us significant input as to what the services are that are required for Fiddler's Creek for next year and we put together the appropriate budgets to handle those specific services. As we get to the point of defining how we are going to provide Security Services, who the company is going to be, we will put together a set of specifications for the Board, we will bid that project, it will come back to you in the form of an award that has, for example in security, the hourly rates, whether they provide the car and the uniforms and when and where they are going to patrol, so we will define that business plan significantly more in the next few months as these services get bid and awarded by the Board. The final most important point is instead of doing an assessment levy for 1998, the Developer has asked that we bill them for the services for 1998 and they will pay the District the amount of $674,700.00. What I have shown you on page 3, at the bottom of that page, is the number of Equivalent Residential Units that will benefit from the services that are being provided for this project and the per unit cost of that based upon the Budget that I just presented to you for your General Fund. You will note it is exclusive of Other Fees, what we call Tax Collector, Property Appraiser and Revenue Reserve fees. The number would actually be much higher than this if we were going to put this on the tax rolls because as we have talked about for the last two months, you have to pay the Property Appraiser and Tax Collector and account for the discounts that a property owner may take when they pay their tax bills, so for the purposes of 1998, I think the Developer has come forward with respect to asking us not to put that on the tax bill. It should save the District $60,000 to $70,000 for next year. He will pay those amounts of money to us and will be responsible for billing whatever units have closed during that time period at the rates shown on page 3. With that, that is all the presentation that I have for you. I will be glad to answer any questions you have on your General Fund Budget. 6 July 30, 1,997 Mr. Riegelhaupt stated I would like to ask about capital outlay. What you are saying here as I understand it is that during the Fiscal Year 1998, no structures, roads or anything will be completed and turned over to the District. Mr. Ward stated what we are saying in your General Fund Budget in terms of capital outlay, this is related to small scale capital outlay items, for instance, if you were going to buy a truck or a car to provide these services to you. Your larger capital outlay items for roads, water management, street lights, etc. are accounted for in your bond issue by what we call the Capital Projects Fund and you will recall that at the beginning, I said you have three funds. Your third fund is the Capital Projects Fund. You defined that fund the day you did your bond issue and that stays in place and does not change unless you actually need to change it, so that is a defined element outside of the constraints of this Budget. It is an operating budget that you actually have, but for purposes of adoption today, you don't need to re-adopt that budget, it is already an adopted budget. Mr. Rieg,;lhaupt stated it is functioning. Mr. Ward stated it is adopted and functioning. Mr. Minor asked on the Equivalent Residential Unit, is that difference between an estate home and a condo? Is that why we call it "Equivalent"? Mr. Ward replied the nomenclature that we use is Equivalent Residential Unit and it can be defined in a number of ways. For Fiddler's Creek it means that any residential unit is counted as one for the purposes of this and there are no commercial or industrial units that you need to consider for Fiddler's Creek for this year. Mr. Minor stated on the detail sheets on number 4, you have Mr. Pires at $15,000.00 in the text and then $18,000.00 in the column. Mr. Ward stated $18,000.00 is the correct number but he bills on an hourly rate basis. Mr. Minor stated on page 5 at the top under Trustee, it says that in 1991 we issued bonds. Mr. Ward stated that should say 1996. Mr. Minor stated it is easy to read so I do appreciate the format. Mr. Ward asked are there any other questions from the Board? Mr. Olson asked I gather for simplistic reasons under the Bond Fund the only outlay you are going to have out of that is capital improvements and that is going to eventually shrink up and the other fund is going to be increased to repay Debt Service. 7 July 30, 1.997 Mr. Ward responded yes, your Debt Service Fund in the following year you will see an assessment levy come into place for next year to start repaying that bond issue. The cash goes down this year and then you will start levying assessments. Mr. Olson stated the other account will start building up funds. Mr. Ward stated that is correct. Mr. Riegelhaupt stated you said under the Debt Service Fund is the capital outlay. Where is that shown? Mr. Ward stated they are not included in this particular fund, it is a totally separate fund in government. It is called a Capital Projects Fund. We don't include it in here for adoption purposes today because you literally adopted that particular budget on the day you did your bond issue so unless it needs to be updated for some reason, I don't normally include them in my yearly adoption process. Mr. Riegelhaupt stated I find that hard to understand. What you are saying is for this coming Fiscal Year, it is expected that the Developer will expend exactly what. was budgeted on day one. That may be true, I am not arguing that point but we on the Board have no way of knowing what the status of that is. If it were another circumstance, the Developer were overrunning by a factor of three or four, this Board would have no way of understanding or making any judgment relative to that. Not being familiar with government but being familiar with private industry, that is the one fund that you keep track of. Mr. Ward stated what you have in your agenda package on a monthly basis is the status of our Capital Projects Fund, both a balance sheet and an income statement. If you go back behind the unnumbered tab section, you will see the Financial Statements for Fiddler's Creek. Go three pages back and in the upper left corner, you '~'ill see a title called Capital Projects Fund 1996. What that shows you at this point in time is the amount of revenues and expenditures, expenditures being the amount of construction costs that have been incurred to date. In this project and in this District, you have fixed contracts for services. It tells you what the expenditures will be. 'v/hat I will do for you is update this sheet to reflect the actual budget numbers that you adopted for your Capital Projects Fund when you did your bond issue and we will do it by contract for you so that when you get this on a monthly basis you will get to see that additional level of detail. Are there any other questions from the Board relative to your General Fund and Debt Service Fund? Hearing none, Mr. Vice Chairman, this is a p;~blic 8 hearing and I would suggest that you open the meeting at this point for any public comment or testimony. Mr. Olson stated thc meeting is now open for public comment or testimony. The record will reflect there is no one from the public present. Mr. Minor stated I have one question on the agenda and the Capital Projects Fund. Where it says Total Revenue, you show Total Revenue for the current month as $42,076.48. If you add up the interest income and the interest income, cost of issuance, it doesn't add up to $42,076.48. Is there $13,000.00 on a previous page or somewhere else? Mr. Ward replied I will have to look at that for you. Mr. Minor asked is there a trial balance included? Mr. Ward replied yes on the last page. Mr. Minor stated I do have a question on the last page of the Capital Projects Fund. Shouldn't everything total up to be about $15 million? Mr. Ward replied no, this is just the System Fund Balance of the Capital Projects Fund. In government, you separate it by funds so your System Fund Balance in this computer system is just for that fund, not for the whole enterprise. Mr. Olson stated ifyou add them all together, you get close. Mr. Minor stated I was just looking at the total fund equity which is $15,251,000.00 and I just assumed that ifyou added up all of the funds, it would come up to that amount. Is that correct? Mr. Ward replied it should, )'es. Mr. Minor stated I have no other questions. Sir. Ward stated if there are no other questions, I need a motion to close your public hearing. On MOTION by Mr. Riegelhaupt seconded by Sir. Minor with all in favor the public hearing was closed.. Mr. Ward stated I am asking for two additional motions, to allow Mr. Pires and me to codify' these two motions and resolutions for you. First is a motion to adopt your Budget by Resolution. [On'NIOTION b'y Mr. Olson'seconded by Mr. Riegelhaupt ]with all in favor Resolution 97-5 adopting the Final [Budget for Fiscal Year 1997-98 was adopted. . ..... 9 July 30, 1997 Mr. Ward stated the third motion I am going to ask for is a motion to enter into an Agreement between Fiddler's Creek Community Development District and Gulf Bay Communities for the purpose of providing the funds relative to your General Fund operation for Fiscal Year 1998. Mr. Pires stated I think the Developer is 951 Land Holdings Joint Venture. That might be the proper entity as opposed to Gulf Bay Communities. [On MOTION by Mr. Minor seconded by Mr. Riegelhaupt[[ wi~h all in favor the District was authorized to enter into[[ a 1: unding Agreement with the Developer relative to thc[ G.,cneral Fund Budget for Fiscal Year 1997-98. ,,, [[ FOURTH ORDER OF BUSL-N'F.._%S Staff Reports A. Attorney Mr. Pires stated nothing to report just routine items working with Developer and Engineer on various issues. the Mr. Cole stated I don't have anything new to report. We are continuing to develop the areas we have previously talked about. The Phase lB, Unit 1 which goes from the end of Phase lA at the guardhouse continuing up to Mulberry Lane and Phase lB, Unit 2 is from Mulberry Lane to the point indicated. We arc going in for utility conveyance documents for all of those projects. Whisper Trace is not a part of the C.D.D. as far as what is being conveyed to the County. The water and sewer are part of that private development. Units 1 and 2, the main infrastructure items, the road, water, sewer, irrigation, etc., those are a part of the C.D.D. and so Mr. Pires and I along with Mr. Strain have been working to prepare those documents necessary for all of the conveyances from the Developer to the District and from the District to the County. In the next couple of months, that process w~ll have occurred to convey all of that to the County. Mr. Riegelhaupt asked are these rights-of-way? Mr. Cole replied the utility facilities are within rights-of-way or County utility easements that are being conveyed. Mr. Olson stated I assume that blue indicates all of the lakes that have been done. Mr. Cole stated yes with a couple of exceptions that have not been dug. 10 July 30, 1997 Mr. Minor asked does the pink indicate paving? Mr. Cole replied yes. Mr. Olson asked what do you anticipate for Fiscal Year 19987 What infrastructure? Mr. Cole stated we would be completing what was known originally as the Phase lB Project so what we would be completing beyond what is in pink would be the continuation of Fiddler's Creek Parkway and the work along what is known as Club Center Boulevard and then Championship Drive. All of those areas that are remaining in the Phase lB original approval will be done in Fiscal Year 1998. Mr. Olson stated we do have the money in the bond fund to pay for all of that, is that correct? Mr. Ward replied that is correct. Mr. Olson asked when does the next series of bonds get issued or have they all been issued? Mr. Ward replied I am trying to remember the original plan. I think it was the latter part of 1998 or early part of 1999. Mr. Olson stated I don't have any other questions, does anyone else? Mr. Minor stated the last time we talked about what was going to be C.D.D. and what was going to be Village Association and we talked about possibly getting a clarification at this meeting. Are we ready for that? Mr. Cole responded I haven't prepared anything formal but we were talking last month that, for instance, the lakes that are in blue those are pa~t of the entire project and the whole project benefits from those lakes. The lakes, the excavation of those lakes, the interconnection of those lakes by drainage pipes, all of that is included in the C.D.D. The main infrastructure on the main reads within the project, water, sewer, streets, drainage, irrigation, all of that is within the C.D.D. As an example, however, Whisper Trace, Pod 49, Bent Creek and Pepper Tree Villages which are Pods 50 and 51 are all non-C.D.D, as far as the infrastructure utilities with the exception of the storm drainage pipes which connect the lakes and the perimeter berm which benefits the entire project. For instance, the maintenance of the roadway and those utilities with the exception of storm drainage and landscaping would be maintained by those individual communities. Mr. Minor asked aren't you giving the water and sewer to the County? Mr. Cole replied yes we are with certain exceptions. 11 July 30, 1997 Mr. Minor stated on the backbone road though the water and sewer is C.D.D.? Mr. Cole replied yes, on the main road. Mr. Minor asked why aren't you giving that to the County? Mr. Pires stated all of the water and sewer lines go to the County. Mr. Cole stated they are going to the C.D.D. first and then they are transferring them to the County. Mr. Minor stated but that happens fast, we don't hold on to them for a couple of years. Mr. Pires stated it is the same day that the transfers take place. Mr. Minor stated we won't have any water and sewer within this C.D.D. Mr. Pire~ stated the District will not be operating and maintaining any water and sewer, that is correct. When Mr. Cole says it is C.D.D. or non-C.D.D., when he says C.D.D. it is within the scope of the project for which the bonds were issued as defined in that bond issue. Mr. Minor stated the capital outlay but we do not have the maintenance for it. Mr. Cole stated in the individual Whisper Trace development, there are the big backflow water meters, the County will accept up to the end of that meter but anything beyond that in the project is private. Mr. Minor stated it is a bulk meter. Mr. Cole stated that is correct, that is private. Mr. Minor stated that becomes the Villages. Mr. Pires stated the only lines the District retains would be your irrigation lines. The County no longer wants reuse irrigation lines. Mr. Ward asked when did they adopt that policy? Mr. Pires replied about a year and a half ago. They realized the maintenance was cumbersome. Mr. Minor asked is there a master pump station for the reuse? Mr. Cole stated it is not created as yet. Hopefully it will be done the end of this year. Mr. Minor asked are you irrigating now? Mr. Cole replied we are irrigating. Mr. Pires stated the County wishes it had not entered into agreements with other Districts to take care of those lines. July 30, 1997 Mr. Riegelhaupt stated I am getting back to the request that I made last meeting and [ am speaking about a longer term request but I think Mr. Cole should be thinking about this. I think the District should have a fairly detailed project description, for just the kinds of things we are discussing today and I want it sooner than a year from now. I think you should put it on your schedule as an engineering item in conjunction with the Developer and Mr. Pires. Mr. Cole stated it is in the solicitation books, we just copy it out of there. Mr. Riegelhaupt stated I don't care where you copy it but it has to come to US. Mr. Pires stated I think what might be best if you make a copy of the project description and make sure that the Board members have a copy of it. *Ir. Olson stated I would like to get a copy of it too along with a time line of things that are going to be happening whether it is funding or engineering or design. Mr. Cole stated I will make a copy of the updated Engineer's Report that gives the spedfic detail of all of the items. Mr. Pires stated that is the way I operate based on anything that happens. I ask Mr. Cole if that is within the scope of the project that was prepared by the Engineer's Report that was adopted by the District and that is a key issue. Mr. Riegelhaupt stated eventually I would like to see that as a report from the District Engineers to the District. That is what I want to see. Mr. Cole stated this Report was prepared a year ago. Mr. Riegclhaupt stated but not to the District. Mr. Pires stated it was to the District for the purposes of the bond issue. Mr. Ward stated it was part o£ a set of documents that were quite voluminous. Mr. Pires stated whenever there are funding requests or other issues, Mr. Cole certifies whether the activity is within the scope of the services outlined in thc project. Mr. Riegelhaupt stated that is fine. Mr. Pires stated as part of our discussion, I will ask him if it is part of the project because he was acting as District Engineer in preparing the Report for thc District for the bond issue. Mr. Riegelhaupt stated I think now if we had it as a separate document, we could use it as a reference as we discuss these things. Mr. Pires stated I think it is good for the Board members to have that. July 30, 1997 Mr. Olson asked can you incorporate a time line of events that are going to happen along with that, such as when you plan on doing the things you have described here? Mr. Cole stated I will do that. Mr. Olson stated at least that way we will know where the funds are being spent. Mr. Riegelhaupt stated we would like to see what schedule you are building this to, we don't want every detail but it will be nice to see a general schedule. Mr. Olson stated a thumbnail sketch so that we can talk in the meetings about it. Mr. Cole stated I will coordinate that with Mr. Strain and include that with the updated Report previously prepared. ,Mr. Riegelhaupt stated as a comment, I still say that one of these days there will be people in this audience and people ask questions and I am looking forward to the fact that we can say yes, we have this information. Mr. Pires stated one thing your staff does or your consultants do and that is when looking at what we are doing on behalf of the District is to anticipate five or ten years down the road when the residents are the Board members and they will be asking these kinds of questions. Mr. Olson stated I have one more question that I would like to ask and that is two months ago there was a conflict on what happened with checks and Mr. Pires' office said that they were paid and your office said that they weren't paid. Do you know what happened? Can you give us an explanation on that? Are the bills getting paid? Are the checks going out timely? .Mr. Ward stated yes, my understanding is that I was right, Mr. Pires was wrong. That has been solved and we are up to date on that. *Ir. Olson stated I have no other questions. C. Manager There not being any, the next item followed. ~ ORDER OF BUSINF, SS Supervisor's Requests and Audience Comments Mr. Ward stated asked are there any further Supervisor's requests or comments at this time? If not, we will move to the approval of the Funding Request. 14 16Gl RESOLUTION 8 - 96/97 WHEREAS, Chapter 388, Florida Statutes, authorizes the Board of Commi.,~ioners of the COLLIER MOSQUITO CONTROL DISTRICT to levy a special tax upon all the taxable property in said District, solely for the purposes authorized and prescribed by the act. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT, in meeting assembled on September 23, 1997, in Collier County, Florida, do hereby levy a special tax of.1821 mills on all taxable property in the COLLIER MOSQUITO CONTROL DISTRICT for the fiscal year ending September 30, 1998, representing an amount equal to the rolled back rate of. 1821 mills and, BE IT FURTHER RESOLED that a certified copy of this Resolution, together with ,q Resolution adopting the budget and a Certificate of Bridget Adoption anti Tax l,evy, be delivered to the Property Appraiser and the Tax Collector. IT IS HEREBY CERTIFIED that the foregoing is a true and correct copy of a Resolution adopted by the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT at a meeting held September 23. 1997, in Collier County, Florida. Francis J. l~/anchard, Chair RESOLUTION 9 - 96~97 WHEREAS, the tentative Detailed Work Plan Budget for the COLI,IER MOSQUITO CONTROl, DISTRICT for fiscal year beginning October 1. 1997. and ending September 30, 1998, has been reviewed and approved by this Board and by the Department of Agriculture and Consumer Services and, WHEREAS, a special tax of.1821 mills on all taxable property in the COLLIER MOSQUITO CONTROL DISTRICT has been levied by Resolution of the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT.to generate funds to support this budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT, in meeting assembled on September 23, 1997, in Collier County, Florida, that the Annual Certified Budget as approved by this Board and by thc Department of Agriculture and Consumer Services be hereby adopted. BE IT FURTHER RESOLVED that a certified copy of this Resolution together with a Resolution levying a special tax of .1821 mills and a Certificate of Budget Adoption and Tax Levy, be delivered to the Property Appraiser and the Tax Collector. IT IS tlEREBY CERTIFIED that the foregoing is a true and correct copy of a Resolution adopted by the Board of Commissioners of the COLLIER MOSQUITO CONTROL DISTRICT at a meeting held September 23, 1997, in Collier County, Florida. Francis, ~Blanchard, Chair ATTEST: Robert D. Geroy, Secr~ary ~ 0 ' IIIII I I I III ........ Iiiiiii IIIIIII I iI FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: collier Mosquito Control ID NUMBER: REPORTING FUND GROUP: General Fund 194 REVENUES AND OTHER CREDITS (311. 000 THROUGH 390. 000) Whole Dollars Only D~criptlon ~ _ A~I V~l~rom t'~p,q _ 3, I06t518 -,, ~OO Interest Earninqs _ 223t468 Disposition Of Fixed Assets 1,071,701 Non ooeratinq _ other sourc_es ] ,76~ 32 1_. 324_. 361 000 364 . 000 TOTAL REVENUES AND OTFIX~.R CREDITS Duplicate tkis page fi.additional lines are needed. FORM DBF-AA403 (Rev. I 0/09/97) 1 4,411~953 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 Collier Mosquito REPORTING ENTITY: Control District IDNUMBER: 194 REPORTING FUND GROUP: Geneeal Fund EXPENDITURES AND OTHER DEBITS ($11 THROUGtI 769) ~ ~ Descriptioll 539 539 10 Physical .Physical Environmental Service Environmental Service TOTAL EXPENDITURES AND OT~tER DEBITS Duplicate this page fi.additional lines are needed. FORM DBF-AA-403 (Rev. 10/09/97) 2 Whole Dollars Only Amount - 1,859,372 2,271,675 190,489 4,321,536 I I I I COLLIER MOSQUITO CONTROL DISTRICT GENERAL PURPOSE FINANCIAL ,STATEMENTS, TOGETHER WITH REPORTS OF INDEPENDENT ACCOUNTANTS SEPTEMBER 30, 1997 I I I I I I I I I I I I I I I I I II Table of Contents Report of Independent Accountants General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups Statement of Revenues. Expenditures and Changes in Fund Balance - General Fund SIatement of Revenues. Expenditures and Changes in Fund Balance. Budget and Actual - General Fund Notes to General Purpose Financial Statements Indeoendent Accountants' Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Independent Accountants' Report to Management Response to Report to Management Pages 1 4 5-12 13- 14 15 - 16 17 I I I i ! I I I I I I I I I I I I I Coopers &Lybrand iCoopers & Lybrand L.L,P. Report of Independent Accountants Board of Commissioners Collier .Xlosquito Control District Naples. Florida \Ve hax c audited th..' ~encral purpose financial statements of the Collier Mosquito ('ontrol District as of and for the .','car ended September 30. 1997. as listed in the Table of Contents. These general pur- pose financial statements are thc responsibility of the District's management. Our responsibility is to express an opinion ,m these general purpose financial statements based on our audit. \Ve conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditin~z Standard. v. issued by the Comptrol- ler General of the ['hired States. Those standards require that we plan and perform the audit to ob- tain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the ac- countinL, z principles used and significant estimates made by management, as ,,,,'ell as evaluating thc overall general purpose financial statement presentation. We believe that our audit provides a rea- sonable basis for our opinion. In our c, pinic, n. thc general purpose financial statements referred to above present fairly, in all mate- rial respects, thc financial position of the Collier Mosquito Control District at September 30. 1997. and thc results of ira operations for the ,.'car then ended in conformity with generally accel,ted ac- counting principles. In accordance with (i(;vernmen! Auditing Standards. we hax'e also issued our report dated October 30. 1997. on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws. regulations and contracts. Tampa. Florida October 30. 1997 I I I I I I ! I I I I I I I I I I I Collier Mosquito Control District Combined Balance Sheet -All Fund Types and Account Groups September 30. 1997 ASSETS ANO OTHER DEBIT Certlf,cates ct Inleresl fete,yah e Inver4o-)es Propecy p,a~t a~'~ eau,p,r,e~t Amount fo b~ crowded ¢o, retrrement of gecerai )oqg.te,m ~eBt Tc;al asse!s a-d ether ~,eb~! LIABILITIES AND FUND EQUITY LIABILITIES Accounts payable Deferred compensabon payable Accrued compensated absences ToIal haDd~bes FUND EOUITY Investment ,~ Ge~,eral fl~ed assets Fund batances Reserved for erector! Unreserved undes~grated Govemmental Fund Type General Fund $ 2,095.315 600.000 28,745 1.025,641 S 3.749.701 Fiduciary Fund Type Account Groups Total Agency General General (Memorandum Fund Fixed Assets Long-Term Debt Only) $ $ 374,308 S 7,647.460 $ 374.308 $ 7,647.460 $ 27.072 $ S 374.308 27,072 1,025.641 2,696,988 Total fund equdy 3,722,629 Total I,ab,htles and fund eqwty $ 3,749,701 374.308 0 7.647.460 $ 2.095.315 600.000 374.308 28.745 1.025 641 7,647,460 2901059 290.059 S 290,059 $ 12.061.528 0 7.647.460 $ 374.308 S 7,647.460 $ $ 27.072 374.308 290,059 290.059 The accompanwn~ notes a'e an ~ntegral pall of these financial statements 290.059 0 290,059 691.439 7.647.460 1,025~641 2,696.988 11 370.089 $ 12,061.528 Iii[ Il nl in I I Il 111 I Il Illll 11 Ill[ [ 11 I I I I I I I I I I I I I I I I I I Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance -General Fund year ended September 30, 1997 Revenues Taxes Intergovernmental Interest M~scellaneous Total revenues Expenditures Current Physical enwronmental services Personal serwces Operating expenditures Capital outlay Total expendit, ures Other financing sources Proceeds from sale of fixed assets Excess of revenues and other finanmng sources over expenditures Fund balance. October 1, 1996 Decrease in inventor/reserve Fund balance, September 30, 1997 The accompanying notes are an integral part of these financial statements. 3 $ 3,106,518 8.500 223,468 1,766 3,340,252 1.859.372 2,271.675 190,489 4,321,536 1.071,701 90,417 3.980,740 (348,528) $ 3.722,629 I I I Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund year ended September 30. 1997 I I I I I I I I I I I I Budget Actual Revenues Taxes $ 3,106.518 $ 3.106,518 I ntergovern me nra 8.500 8,500 Interest 223.468 223.468 MIscellaneous 1,766 1,766 To[aH revenues Expenditures Current Physical enwronmenlal services: Personal services' Salanes and wages Payroll taxes and benefits Operabng expenditures: Travel. uhlRies, repairs and service Chemicals Gasohne. od and lube Other supphes and materials Other operating expenditures Capital outlay Total expenditures Other financing sources Proceeds from sale of fixed assets Excess cf expenditures over revenues and other financing sources Fund balance, October 1, 1996 Decrease ~n inventor' reserve Fund balance, September 30, 1997 3,340.252 3.340.252 Variance - Favorable (Unfavorable) $ 0 0 0 0 1.281,712 1,274.480 7,232 606,492 584,892 21,600 575.920 567,584 8.336 1,406.445 1.359.773 46.672 88.286 72.151 16,135 77.624 68,825 8,799 209.329 203,342 5.987 1,484.700 190,489 1,294,211 5.730,508 4.321,536 1,071,701 1,071.701 90,417 3,980.740 (348,528) S (1.318,555) $ 3.722.629 1,408.972 0 $ 1,408,g72 The accompanying notes are an integral part of these financial statements. I I I I I I I I I I I I I I I I I I Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies: Thc follov.'in.t: is a summa~' of the more significant accounting policies of the District: l)efinin= the (;overnmental Reporting Entit3.': Thc Collier .Mosquito Control District (the I)istrict) is an independent special tax district created pursuant to Chaptcr 388. Florida Statutes. to perform m(,squito control and suppression in Collier Count.,.'. Florida. The business and affairs of thc District arc governed by a board of five commissioners who arc clotted for ten'ns of four .,.'ears. Thc l)istrict kas adopted (hwernmental Accounting Standards Board ((iASI~) Ntatement Num- her lJ. "Financial Reporting Entity." This statement requires the financial statements of the District Ithc primary government} to include its component units, ifanv. A component unit is a legally separate organization for u.'hich the elected officials of the primary government are fi- nancially acc~,untable. Based on the criteria established in G..\SB 14. there are no component units included in the District's financial statements. Fund Accounting: The accounts of the District are organized on the basis of funds and ac- count groups, each of which is considered a separate accounting entity. Thc operations of each fund are accounted for xvith a separate set of self-balancing accounts that comprise its assets, li- abilities, fund equity, revenue and expenditures, as appropriate. (}oxcrnment resources arc allo- cated to and accounted tbr in individual funds based upon thc purposes for v,'hich the.,.' arc to bc spent and thc means by ',vhich spending activities are controlled. The tbllo,.,.'ing fund Lvpes and account grouFs arc used by the District: Governmental Fund Type General Fund - ]'he General Fund is the general operating fund of the District. All tinan- cial resources ,.,,hich are nc, t specifically restricted or designated as to use are recorded in thc (Jcncral Fund. Fiduciar'v Fund Type Agency Fund - The Agency Fund is used to account for assets held bv the District in a trustee capacity or as an agent for indMduals, private organizations, other governments andor other funds. Account Groups General Fixed Assets - This self-balancing account group is used to account for all fixed assets of the District. which have a cost of 5;500 or more and an estimated useful life of more than one year. General Long-Term Debt - This self-balancing account group is used to account for all Iong-tem'~ debt of the District. 16G1 Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting Policies, continued: 51ca.'~urenlenl Focus: I I I I I I I I I I I I I (;,vernmental Fund Type - The (icneral Fund is accounted for on a "spending" or "tinancial flow" measurement focus, l'his means that only current assets and current li- abilities are generally included on the balance sheet. Accordingly. the reported undcsiu- hated fund balance inet current assetsl is considered a measure of available, spendable ~r appropriable resources. Governmental Fund Type operating statements present increases I revcnuc} and decreases {expenditures) in net current assets. Fiducian' Fund Type - The/\gency Fund is custodial in nature eassets equal liabilitiesl and d~,c: not involve measurement of results of operations. Account Groups - '['he General Fixed Assets Account Group and the (}cncral l.ong-Tcrm I:~cbl ..\ccnunt Group are concerned only with the measurement of tinancial position. 'Ibc,. arc n~)l involved v. ith thc measurement of results of operations. Basisof.Accounting: Basis ofaccounting refers to when revenuc and cxpcnditurcs arc rccog. nized in thc accounts and reported in the general purpose financial statements. Basis of ac- cnunting relates to the timing of the measurements made. regardless of the measurement focus applied. 'I he modilicd accrual basis or'accounting is t'ollo~ved by all Governmental and Fiduciary Ftmds of thc District. u,'herebv revenue is recognized when il becomes measurable and availabic as net current assets. Taxpayer assessed income and gross receipts arc considered "measurable" when in thc hands o:' intermediary collecting governments and are recognized as revenue at that time. .,\nticipatcd refunds of such taxes are recorded as liabilities and reductions of revenue when they become measurable and their validity seems certain. [ixpenditures are generally recog- nized under the modified accrual basis of accounting ,,'.'hen the related fund liability is i'ncurrcd. Exceptions to this general rule include: Il ) principal and interest on general long-term debt. il' any. v, hich are recognized when due: and (21 expenditures are not divided between years by the retarding of prepaid expenses. Fixed Assets: Fixed assets used in Governmental Fund Type operations (general fixcdasscts} arc accounted for in Ihe General Fixed Assets Account Group. rather lhan in thc (iovcrnmcntal Fund Type. Nc, depreciation has been provided on general fixed assets. Ail fixed asset,; are valued at historical cost. or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair market values on the dates donated. i Notes to General Purpose Financial Statements, Continued Summary of Significant Accounting Policies, continued: Budgets and Budgetar).' Accounting: Thc following procedures arc used bv thc Dist;ict in es- tablishing thc budgetary data reflected in thc general purpose financial statements: 1. During the summer, the Director submits to the Board of Commissioners for their con- sidcrat~on a proposed operating budget for the fiscal .,.'ear commencing on ()ctobcr I. '['he op.erating budget includes proposed expenditures and the means of financing them. 2 Public hearings arc conducted to obtain taxpayer comments. Prior to October I. the budget is adopted through a resolution by the Board of Commis- sioners. '1 he budget is then approved by the Florida Department of Agriculture and (.'on- sumcr Services. Bureau of Entomology and Pest Control (thc [)cpanmcr~t) by ()ctober 31. 4 Budget transfers and amendments can be made throughout thc year bv approval of thc Board off ('ommissi(mers and the Deparlmcnt, 5. Budget amounts, as shown in these general purpose financial statements are as originally adopted, or as amended by the Board of Commissioners and approved by thc Dcpartn;cnt. 6. 'I hc bud'._.'et for the Governmental Fund Type is adopted on a basis consistent with gener- ally accepted accounting principles. 7. Thc love', ofcc, ntrol lbr appropriations is exercised at the account level. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments f(,r the expenditure of monies are recorded in order to reserve that portion of thc applicable appropriation, is not employed by the District because it is. at present, not necessan' to assure cffecti'.'c budgctar?' control or to facilitate effective cash planning and control. inven,,~ries: lnx'cntories consisting primarily of expendable chemicals, fuel. and aircrali parts to bc used in operations are stated at lhe lower of cost {first-in. first-out method} or market. The l')istrict utilizes the purchase method of accounting, u,'hich provides that expenditures arc recognized whet. thc inventory items are purchased. Reported inventories are equally offset by a fund balance reserve which indicates that the.,,' do not constitute "available spendable resources. Compensated Absences: The District's employees accumulate sick and annual leave based on years of continuous sen'ice. Upon termination of employment, employees can receive payment for accumulated annual leave, if they meet certain criteria. Accumulated sick and annual leave payable at September 30. 1997 was 5290.059. 7 I I Notes to General Purpose Financial Statements, Continued 1. Summary of Significant Accounting Policies, continued: 'l'he amount o1' compensated absences recorded as expenditures in the Governmental Fund Type is thc amount accrued during the .,,'car that would normally be liquidated v,'ith expendable avail- able financial resources. Only thc current portion of the liability for compensated absences is recorded in the balance sheet of the Governmental Fund Type. The current portion is thc amount left unpaid at year-end that normally would be liquidated with expendable available fi- nancial resources. The remainder of thc liability, if an.,,', is recorded in thc General Long-Term I)cbt ,Account (iroup. ,At September 30. 1997 all accumulated compensated absences arc con- sidcrcd long-term. Total (;olumns on Combined (;cncral Purpose Financial Statements- Overview': Total columns on combined general purpose financial statements arc captioned "memorandum only" to indicate that they arc presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted ac- counting principles. Neither is such data comparable to a consolidation. 2. Cash and Investments: ..\I .%cptcmbcr 30. 1997. thc can?'ing amount of the District's deposits, including $600.000 in ccrtiticatcs of Jeposit. was .52.695.315 and the bank balance was $3.313.447. These deposits were entirel~' covered by Federal Depositor5.' Insurance or by collateral pursuant to the Florida Security For Public Deposits Act (Florida Statutes Chapter 280). Florida Statutes authorize investments in certificates of deposit, savings accounts, repurchase agreements, the [.ocal Government Surplus Funds Trust Fund administered by the Florida State Board ¢,f ..\dministration. obligations of thc U.S. Government and government agencies uncon- ditionally guaranteed bv the U.S. Government. The District's investment policy permits invest- mcnts in invcs:ment savings accounts and certificates of deposit with state-certified, qualified public dcpositerics Certificates of deposit, savings accounts and bnnk balances whose values exceed thc amount oF Federnl Depository Insurance are collateralized pursuant to the Florida Security For Public Deposits Act. ('ash consisted of the folloxving at September 30. 1997: Carrying Bank Amount Balance Interest-bearing checking account Money market account $ 189,196 $ 807,398 1.906.119 1,906,049 $ 2,095,315 $ 2,713,447 ! ! ! ! Notes to General Purpose Financial Statements, Continued Inventories' Inventories consisted of thc following at September 30. 1997: Fuels and chemicals A~rcraft and vehicle parts $ 756,493 269,148 $ 1,025,641 Changes in General Fixed Assets: ,\ summary of changes in general fixed assets follows: Balance October 1, 1996 Additions Retirements Balance September 30, 1997 Land $ 8,275 $ 0 $ 8,275 $ 0 Budding 75,290 0 75,290 0 Leasehold ~mprovements 4,998,893 0 2.175 4,996.718 A~rcr aft 1.371,069 0 0 1,371,069 Heavy equ~prrent 80,755 0 0 80,755 Vehicles 311.291 17,750 22.125 306.916 Tools and equipment 850,890 178,539 137,427 892.002 $ 7,696,463 $ 196,289 $ 245,292 $ 7,647,460 Changes in General Long-Term Debt: l'hc following is a summao' of changes in the District's general long-term debt for the year ended September .~ ). 1997: Accrued compensated absences .*ayable, October 1, 1996 Net increase ~r, accrued compensated absences payable Accrued compensated absences payable, September 30, 1997 $ 278.464 11.595 $ 290,052 6. Commitments and Contingencies: 'The District is committed under various non-cancelable operating leases for the use of property and equipment. Total payments under these leases for the 5'ear ended September 30. 1997 ,.,,'ere 54_._19. I I I I I I I ! I I I I I I _1 Notes to General Purpose Financial Statements, Continued Commitments and Contingencies, continued: Future minimum lease payments under non-cancelable operating leases having remaining terms in excess of one .,.'ear as of September 30. 1997 are as follows: 1998 $ 38.154 1999 38.154 2300 38.154 2301 38,154 2002 38.154 Thereafter 550.052 Total future minimum lease payments $ 740,822 ..\t September 30. 1997. thc District had appropriated funds and ,.,.'as negotiating f~r thc pur- chase (,Fthro: airplanes and a parts inventor2:' for approximately $1.5 million. This transaction was completed in ¢)ctobcr 1997. 7. Property Taxes: i"roperty taxc, are levied on November 1 ofeach .,.'ear. and are due and payable upon receipt of thc notice of lex',,'. Thc Collier Count.,.'. Florida. Tax Collector's office bills and collects prop- er'tv taxes on behalf of thc District. The tax rate levied upon all of the taxable proper~y in Col- lier County for mosquito control for thc fiscal .,,'ear ended September 30. 1997 ,.`.'as 5.1883 per S l.0CICl of assessed taxable property value. Prope.ny tax revenue is recognized currcntl,.' in the fiscal ,,'ear for which the taxes are levied. On May 1 of each .,,'ear. unpaid taxes become a lien on the property. The past duc tax certificates arc sold at public auction on .May 31. and the pro- coeds thus collected are remitted to the District. 8. Retirement Plan: Plan Description and Provisions: All full-time District employees arc participants in thc statewidc Florida Retirement System (System) under the authority of Article X. Section 14 of the State Constitution and Florida Statutes. Chapters 112 and 121. The payroll for District em- ployees covered by the System for the year-end September 30. 1997 ,.,.'as $1.248.489: the Dis- trict's total pa3 roll `.'.'as $1.274.480 for the same period. The District's contributions to the plan ,,'ere $217.612. which represented approximately 17% of the District's covered payroll. There `.','ere no employee contributions to the plan. Total annual covered payroll of the entire System for its fiscal year ended June 30. 1996 Cthc latest fiscal year for which data is available) was approximately $I 5.9 billion. Total ant,ual em- ployer contributions to the System for thc 1996 fiscal year `.,,'ere $3.0 billion. Thc District's contributions `.,,'ere .007% of the requirement for all employers. 10 Notes to General Purpose Financial Statements, Continued Retirement Plan, continued: l:mpl(~.xces v, ho retire at or after age 62 wilh 10 .,,'ears of creditable service (eight ','ears for clotted state ,)file(als). 7 .','cars of senior management service and age 62. lO ,,'ears of special risk service and age 55. or 30 .,,'ears of service regardless of age. are entitled to a retirement benefit, payable for life. equal to 1.5% to 3.3% per .,,'ear of creditable service. &pending on the class of empl(,yee (regular. special risk· etc.). Benefits ,,'cst after ten .'.ears ('eight .','ears for elected state officials and seven .,.'ears for senior management) ()f credited service. Vested employees ma.,,' retire anvlime alter vesting and incur a ?/o benefit r,:ducti()n for each .,,'ear prior to normal retirement age. l')isabilitv and sur,,'ivor benefits are also offered. Benefits are established by state statute. '['he plan prc, x ides li,r a o",nstant 3%, c(~st-of-living ad. justmcnt for retirees. Description of FundingPolicv: This isacc, stsharing, multi-employerplanavailablctogo,c- crnmcnta] unit~ '..,.ithin thc state and actuarial information with respect to an individual partici- patinu cntit',, is not available. Participating employers arc required, by statute, to pay monthly contributic, rlsa', actuariallv determined rates that. expressed as percentages of annual covered pa3 roll. arc adequate to accumulate sufficient assets to pa.,.' benefits ,.',.'hen clue. Thc amount sh~,wn bclov,' as "pension benefit obligation" is a standardized measure of the pre- scnl ,.aluc of pension benefits, adjusted fc, r thc effects of pro ected salary increases, estimated t(', be pa.,.abl¢ in the t'uture as a result of employee service to date. The measure is the actuarial present x'alt~c o:' credited projected benefits and is intended to help users assess the System's funding status (ma going-concern basis, assess progress in accumulating sufficient assets to pay benefits x,,hen due. and make comparisons among Public tr!mployee Retirement Systems. Thc measure is independent of and should not be confused v,.'ith the actuarial funding mcth(',d used to determine cor. tribt, tions to the System. In accordance v, ith (i..\S['~ Statement Number 5. "Disclosure of Pension Information by Public limplc, vcc Retirement Systems and State and l.ocal Go.ernmental Employers." an actuarial valuation t() determine the pension benefit obligation as of June 30. 1995 was performed by the .";,.stem's c,',nsulting actuaries. Significant actuarial assumptions used include la) a rate of re- turn c,n thc inxcstrncnt of present and future assets of g.0% per .,.'ear compounded annually: (b~ projected salar',. :ncreases of 5.5% per .,,'ear compounded annually, attributable to inflation: additional projec:cd salary increases of 2.0% per .,.'ear attributable to seniority,'merit: and Idl a pc, st-retirement benetit increase of 3.0% per 5'ear. There were no significant changes made benefit provision:~ since thc last valuation. ,At June 30. 1 '9~,~6 ~'the latest .,.'ear for which data is avai lable ). the pension benefit obligation was approximately $51.4 billion. The Sxstem s net assets available for benefits on that date ,.'..'crc approximately 544.4 billion (market value of approximately 554.3 billion), resulting in an un- fur~ded pension benefit obligation of approximately 5;7.0 billion. "11 I I I Notes to General Purpose Financial Statements, Continued 8. Retirement Plan, continued: Trend Information: Ten-year historical trend information presenting thc System's progress in accumulating sufficient assets to pa.,,' benefits ,,,,'hen due is presented in thc System's June 30. 1996 annual financial report. Deferred Compensation Plan: Under agreements with the Suncoast Schools Federal Credit Union. Aetna Life Insurance and Annuity Company. and Mutual of America Life Insurance Company. the District offers its em- ployees a deft'fred compensation plan created in accordance with Internal Revenue Code Sec- ti,n 457. '|'he plan. available to all District employees, permits them to defer portions of their salaries until fl~ture years. The deferred compensation is not available to employees until termi- nation, retirement, death, or unforeseeable emergency. All amounts of' compensation deferred under the plan. all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights arc (until paid or made available to thc employee or other beneficiar2..') solely the property and rights of the Dis- trict (without being restricted to the provisions of benefits under the plan), subject only to thc claims of the District's general creditors. Participants' rights under the plan are equal to those of general creditors of the District in an amount equal to the fair market value of the deferred ac- count for each participant. The District believes that it is unlikely that it will usc thc assets to satist'v tile claims of general creditors in the future. Thc follox~in~ changes in thc Deferred Compensation Plan Agency Fund occurred during thc year: Balance Balance October 1, September 30, 1996 Additions Deletions 1997 ASSETS Investments with trustee $ 308 494 ~ 83,713 $. 17,899 $ 374.308 LIABILITIES Deferred compensation payable $ 308,494 $ 83.713 $ 17.899 $ 374.308 12 Coopers Cooper, & Lybrand L.L.P. i 6 G -.. &Lybrand ,:..,,,..., ... .... Independent Accountants' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Collier Mosquito Control District Naples. Florida , "3.:c have audited the general p,urp:'~se,fin.a, ncial statcme,nts of the ('oilier Mosquito Control I)istr ct (the "District"l~s of and for thc .','car ended September a0. 1997. and have issued our report thereon dated (,~ctober .,0. 1997. We conducted our audit in accordance with generally accepted auditing standards and the st,mdards applicabl~ to tinancial audits contained in Gm'ernment .,luditing .$'tan- da,'d.v, issued by the Comptroller General of the United States. Compliance As part of obtainint: reasonable assurance about whether the District's general purpose financial statements are tree ,'ff material misstatement, we performed tests of its compliance with certain provisions of laws. regulations and contracts, noncompliance with which could have a direct and ma- terial effect, on the determination of financial statement amounts. However. providing an op nion on compliance with those provisions ,.,.'as not an objective of our audit, and. accordingly, we do not ex- press such an opinion. The results of our tests disclosed no instances of noncompliance that are re- quired to be reported under Gm'ernment .4udiling .Uandards. I lowcver, we noted an immaterial instance of noncompliance that we,,have reported to the manage- ment of the District in a separate report to management dated October .,0. 1997. Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial re- porting in order to determine our auditing procedures for the purpose of expressing our opinion on lhe general purpose financial statements and not to provide assurance on the internal control over fi- nancial reporting. Our consideration of the internal control over financial reporting would not neces- sarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that xx'ould be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their as- signed functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 13 This report is intended solely for the management and Board of Commissioners of thc Collier Mos- quito Control District. the Auditor General of the State of Florida. and other state and federal agen- cies. }lo,.vcvcr. this report is a matter of public record and its distribution is not limited. Tampa. Florida October 30.1997 I lB I I I I I I I I I I I I I I Coopers &Lybrand Coopers & Lybrand L.L.P, Independent Accountants' Report to Management Board of Commissioners Collier Mosquito Control District Naples. Florida Wc have audited thc general purpose financial statements of the Collier Mosquito Control District for thc ,.'car ended .September 30. 1997. and have issued our report thereon dated October 30. 1997. In connection with ~ur audit, v.'c arc submitting the following comments and recommendations in accordance with Chapter 10.550 "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30. 1997) and Section i i.45(3)(a)4., of the Florida Statutes. PRIOR YEAR COMMENT ~A,'HICH CONTINUES TO APPLY None CURRENT YEAR COMMENTS Thc District retired several fixed assets during the fiscal ,','ear ended September 30. 1007: however, x,.c found that the District did not document on the property record card thc date of disposition, crnployee witness (if scrapped), and a receipt number (if sold). This information is required by Chapter 10.400 Rules ortho Auditor General. \Vt recommend that the District document thc disposition of each asset on thc identification cards in accordance with Chapter 10.400 Rules of the Auditor General. We have included in this letter all comments which came to our attention during thc course of our audit regarding Items I through 10, as applicable, of the "Rules of the Auditor General - Local Gov- ernmental Entity Audits," Rule 10.554. Section (1)(e). In regard to Item 3. nothing came to (~ur at- tention to cause us to believe that at any time during the year the District met any of the criteria for being in a state of linancial emergency as defined in Florida Statute 218.503(1). Additionally, in re- gard to Item 4. we represent that the financial report filed with the Department of Banking and Fi- nance, pursuant to Florida Statute 218.32(I)(a). is in agreement with the annual financial audit report for the same period. 15 1997-98 Final Budget- General 01.006.311.000 - Ad Valorem Taxes 01.006.311.100- Excess Fees 01.006315.000- I.~speclion Fees 01.006.316.000 - Eum Permit Fees 01.006.317.000 - Firefighters Supplemental Income 01.006.342.200 - District One Income 01.006.350.000 - False Alarm Fees 01.006.355.000 - H~zMat Income 01.006.360.000 - Hydrant Inspection Fees 01.006.360.100 - H'/drant Flow Fees 01.006.361.000 - Interest Earnings 01.006.3~.000 · Disposition of Fixed Assets 01.006.365.000 - Sale of Surplus & Scrap 01.006.366.000 - Contributions & Donations 01.006.369.000 - OIher Revenue 01.006.389.900 - Proceeds From Debt Appropriated Funds INCOME Fund Expense Income 3,932,902.19 25,000.00 30,000.00 3,000.00 7,320.OO 77,812.49 1,000.00 1,000.00 2,000.00 1,500.00 62,723.00 13,500.00 500.00 200.00 6,700.00 87,200.00 370,584.00 4,622,941.68 4,622,941.68 0.00 9/23/97 11:19 AM 2 1997-98 01.007.522.110 - Executive Salaries 01,007.522.120 - Regular Salaries 01.007.522.140 - Overtime 01.007.522.150 01.007.522.160 01.007.522.210 - 01.007.522.220 - 01.007.522.230- 01.007.522.240 - 01,007,522,250 - 01.007.522.310 - 01.007.522.320 - 01.007.522.340- 01,007.522.400- 01.007.522.410 - 01.007.522.430 - 01.007.522.440- 01.007.522.450 - 01.007.522.460 - 01.007.522.470 - 01.007.522.490 - 01.007.522,500 - 01.007,522.510 - 01.007.522.520 - 01.007.522.540 - 01.007.522.550 - 01.007.522.560- 01.007.522.620- 01.007.522.640- 01.007.522.710 - - Bonus · Sick Leave Pay FICA Taxes Final Budget- General Fund Retirement Life & Health Insurance Workers Compensation Unemployment Compensation Professional Services Accounting & Auditing Contractual Services Travel & Per Diem Communications & Freight Utility Services Rentals Insurance - General Repair & Maintenance Services Printing Current Charges Fuel & Lubricants OIfice Supplies Operating Supplies Books, Dues, Subscriptions & Memberships Uniforms Small Equipment Capital Outlay - Buildings Capi:al Outlay - Vehicles, Machinery & Debt Service - Principal 01.007.522.720 - Debt Service - Interest Reserve For Contingency 268,161.00 ,956,638.09 73,623.71 95,183.00 55,000.00 187,217.00 636,105.00 320,000.00 115,000.00 2,748.00 10,000.00 10,000.00 136 520.00 3 000.00 12 000.00 24 200.00 1 740.00 44,000.00 103,240.00 1 000.00 6,000.00 22,000.00 5,000.00 20,175.00 23,160.00 14,750.00 8,650.00 5,4C0.00 29,754.84 112,200.00 3,925.00 316,551.04 9/23/97 2:32 PM - · ~--~ [ [ [ m [ [[1[[ I Ill II I Il Illllll Il Illll I Il 1997-98 Final Budget 06.101.522.610 - Capital Outlay Land 06.101.522.620- Capital Outlay- Buildings 06.101.522.640 - Capital Outlay - Vehicles, Machinery & Reserves INCOME 06.101.361.000 - Interest Earnings 06.101.363.220 - Impact Fee Income Impact Fees Carded Forward - Impact Fees Expense Income 184,025.00 164,246.00 1,004,333.00 42,000.00 360,000,00 950,604.00 1,352,604.00 1,352,604.00 0.00 9123/97 4~(~"'~ 11:25 AM ~'*=~'~ EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Naples, FL 34104 Telephone (941) 774-7111 Fax (941) 774-1782 SCHEDULE OF REGULAR MEETINGS AND WORKS}tOPS FISCAl. YEAR 1997- 1998 All mccll~lgs col~lmcncc at 5:30 p.m.: workshop times will vaa.. All mccltngs and workshops arc held at thc East Naples Fire Dcl~arlmcnl. Hcadquartcrs 20. located at 4798 Davis Boulevard, Naples. Workshops arc helot only when ~cccssars... Rog, ilar Meetings Workshops October 14, 1997 October 22. 1997 Novc~nbcr 11. 1997 November 26. 1997 Dcccmbcr 9, 1997 December 17. 1997 Jant~aO' 13. 1998 Jat~t~ary 28. 1998 Fcbn~ars.' 10, 1998 Februar3.' 25. 1998 Marct~ 10, 1998 March 25. 1998 April 14. 1998 April 22. 1998 May 12, 1998 Ma.,,' 27, 1998 ,J~c 9, 1998 June 24, 1998 July 14, 1998 July 22. 1998 At~gusl 11. 1998 August 26. 1998 Scptctnbcr 8, 1998 September 23, 1998 ;z OLv, LL{ r' , /, Se,;iion 109.416, Flor;da Statutes, req.!re3 reg;slered cffica and a regisler~d each.special ~;slr/ct in fhe s:ate " ~ " ling zuthor;~, Collier County B~rd of Count;, ..~.n..e~. -~ . ~u ~ger.t and re2~2:er~,d office rr, u~t DI;.~'I'RIG'F REGISTERED AG[:'t.,I'T --'--F-'~-~;AP~L~$ FIRE C.Q_~QL & RESCUE DISTRICT ---__ F.IR_~E C.q~HIEF ROBERT SCHA,~ REGIS'I'ERED OFFICE ___.4.798 Dav~_s, Boulevard, Naples, Flor/da 33962 addilbr~, P;ease prOvio,'e the lelepho:~s nur4ber of' your reg[sler.~d agent ..... (.9.4/..)....7. l{.-1.t .! 1. , . .......... ~ )'our d:s',r:~'-. - .... (See ~'. · ;,ffi:e:'d(:-.l or ~n.-..'.~i:..r,d:,r,,, b', . oeC. t!or~ ;5~ ,:3'~, ;.:;Orltja ", , , .... 1 -; rr:~..;k;;:g ;~n :,' ;n ;;-.,: "' ' ,'~,?-,u,es. fo; defi~litions.) ' - . DEPENDENT ..................... INDEPE;,'C'Etor x aCk.'~l Icc.-~lbn c,f :'o,.;:' sht, c/:fi ,.:., ;., ' ................... fh;~ dis' "" ., 8 r,,., ¢..',Y;t.~. ;8 ,"~ .... ,,~le, eh! f;Om . . .,..: c.f, ,-,, .... .,.,., ,, ° - ,I 1, ,;I"!' ", !F' 'h., Co~ii~,- Count) ""- .~ ,.-,ou, ,-. 3201 'i'ami.:,mi Trail East r-~nance DePad-,-~ent. Bldg. F 4~.~ Floor ,'la!;.;es, Fbid.~ 339-32 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue F son Administrative Assistant Board of County Commissioners FROM: DATE: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 20, 1998 RE: Miscellaneous Correspondence- BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier Mosquito Control District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Collier Mosquito Control District submitted the following: (a) Minutes for Meeting held June 9, 1997 (b) Resolution adopting tax levy of .1821 mills for fiscal year 1997-98 (c) Resolution adopting the Annual Certified Budget for 1997-98 (d) Annual Audit report for Year ended September 30, 1997 (e) Annual Financial Report for Year ended September 30, 1997 Thank You. February -3. 199~ Clerk of thc Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road. Court Plaza III P.O. Box 413016 Naples. Florida 34112-3¢)16 Dear Mr. Brock: Enclosed please find the "Public Facilities Report" for the Collier Mosquito Control District required by Florida Statute 189.4 i 5 to be delivered to you by March I st of each year. The map which you have showing District boundaries is current. Thc boundaries have not changed in recent years. Should you wish any other information not included in the report as we have written it. please so advise. Sincerely. Joan D. Ckvcns Director. Administration jdo/s Enclosure PUBLIC FACILITIES REPORT~: Submission Date- February 23. 199,x Collier Mosquito Control District 600 North Road Naples. Florida 3,11t}4-34(,4 Thc Collier Mosquito Control District has occupied its current facilities since 1990 and leases the land on which these facilities are built from the Naples Airport Authority. We consider them to be adequate for day to day operations and do not anticipate any additional buildings at this time. Buildings included in our complex: l')istrict Headquarters and Lab Vehicle Repair and Maintenance ttangar Building Vehicle Storage Building Pesticide .Storage Building 6.40¢) square feet - 9,600 .... - 21.266 .... -9.600 .... 2.25O .... The District sold its property at 771 Airport Road in 1997. Our reports for 19o6 and 1997 stated that the District ,,vas looking into the possibility of building an emergency evacuation facility at the immokalee Airport for the protection of our five helicopters should the Naples area be threatened by a hurricane. The decision was made later in 1997 not to build the facility. The District encompasses 242 square miles in Collier County and is responsible for the control of mosquitoes 'within the boundaries outlined on the map which you have on file. The District is governed by a Board of five elected Commissioners. We cun'ently have t~venty- seven full-time employees, seven captains and co-pilots on call and two seasonal inspectors. January 16. 199S Clerk of' the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road. Court Plaza III Naples. Florida 34105 Dear Mr. Brock' Enclosed for ,,,'our tiles you will find: Resolution adopting tax levy of. ! 821 mills for fiscal year 1997-9g Resolution adopting the Annual Certified Budget - 1997-98 Annual Audit Report - Year ended September 30. 1997 {which includes Auditor's Management Letter and the District's Response) Annual Financial Report - Year ended September 30, 1997 This should complete filing requirements for the 1997-9~ budget and auditing process for the year ended September 30. 1997. Sincerely. ".,' ,"-~, ~t. ~/ - · '- ''~' ,n / - Joan D. ~'ens [hrector. Administration jdo/s Enclosures (listed above) E_.A. ST NAPLES FIRE CONTROL AND RESCUE.____DI~STRi_C__T NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS_ ~EPTEMBER 30, 1996 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP Following is a schedule of the present value of net future minimum payment on the District's capital lease as of September 30. 1996: YearEnded _S_~L~.tember3~ 1997 1998 1999 2000 Less: Amount representing interest Present value of net minimum lease payment NOTE 6 - PEN.S. ION I~i~_AN OBLIGATION,R 31,420 31,420 31,420 31,42q 125,680 (16,19~ 109.488 All full-time District employees are participants in the Florida Retirement System (System), a defined benefit, noncontributory, multiple-employer retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Retirement. The plan covers over 684,000 past and current employees of various governmental units within the State of Florida. The System provides for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of sen,ice. Early retirement is available after 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years-of-service credit, where average compensation is computed as the average of an individual's five highest years of earnings. Participating employer contributions are based upon state-wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees - 17.75% and special risk employees - 27.62%. As of January 1 1996, rates changed to 17.66% (regular) and 27.10% (special risk) ' The funding policy provides for monthly employer contributions at actuarially determined rates that are determined using the entry age actuarial funding method. The District's contribution to the plan for the year ended September 30, 1996 was S571,469 and was paid by the due date for the contribution. This represents 25.01% of the District's covered payroll of $2,285,176 which is the same as the total payroll. The pension benefit obligation for the system as a whole, determined through an actuarial valuation was $47.3 billion at June 30, 1995. the date of the most recent actuarial report. The report also indicates that the Syslem had total net assets of approximately $45.2 billion at that date resulting in an unfunded pension obligation of $2.1 billion. The total unfunded pension liability is being amortized over varying periods not to exceed 30 years. The pension benefit obligation is a standardized disclosure measure of the present value of plan benefits, adjusted for the effects of projected salary increases and step-rate benefits estimated to be payable in the future as a result of employee service to date. -14- E__A__ST..~NAPLES FIR_~E C. ONTR~OL AND RE_SCUE DI_____~STRICT NOTES T_~O GENERAL PURPOSE FINANCIAL STATE_MENTS .S_EPTEMBER 30, 1996 1 6G1 NOTE 6 - PENSION PLAN OBLIGATIONS (Continued) A variety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a) a rate of return on the investment of present and future assels of 8% per year compounded annually; b) projected salary increases of 5.5% per year compounded annually, attributable to ir~flat on; c) additional projected salary increases of 2% per year attributable to senority/medt; and d) a post-retirement benefit increase of 3% per year. The measure ~s intended to help users assess the System's funding status on a going concern basis, assess progress made in accumulaling sufficient assels to pay benefits when due, and make comparisons among retirement systems and among employers. The System does not make separale measure of assets and pension benefit obligations for individual employers. Significant assumptions used Io compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation. Ten-year historical trend information showing the System's progress in accumulating sufficient assets to pay benefits when due and other pertinent factors are presented in the System's June 30, 1995 Comprehensive Annual Financial Report. NOTE 7 - DEFERRED COMPENSATION PLAN The District offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457, The plan, available to all District employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees or their estate until termination, retirement, death, or unforeseeable emergency. Alt amounts of compecsation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property, or rights are (until paid or made available to the employee or other beneficiary) solely the property and rights of the District (without being restricted to the provisions of benefits under the plan), subject only to the claims of the [District's general creditors. Participant's rights under the plan are equal to those of general creditors of the District in an amount equal to the fair market value of the deferred account for each participant. Assets of the deferred compensation plan are recorded at fair market value and are accounted for in an agency fund It is the opinion of the District that there is no liability for losses under the plan but they must exercise due care as would be expected of an ordinary prudent investor. The District believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. -15- PART II. _SUPPLEMENTAL INFORMATION EAST NAPLES FIRE CONTROL AND RESCUE DISTRIC_T_ '~' ~ ~ 1 ll~! SCHEDULE OF PERSONAL SERVICES AND OPERATING EXPENDITURES GOVERNMENTAL FUND TYPES- BUDGET AND ACTUAL- _FOR THE YEAR ENDED SEPTEMBER 30, 1996 Personal Services: Salaries Retirement Payroll taxes Insurance Operating Expenditures: Legal and professional expenditures Dues and subscriptions Communicalion expenditures Contract services Current charges Utilities Operating supplies Insurance, general Rent and leasing Repairs and maintenance Office supplies Other expenditures Uni~'orms VARIANCE FAVORABLE _BUDGE~ _,,ACTUAL ~ $2,211,339 S2,285,176 S 73,837 577,012 571,469 (5,543) 177,830 173,805 (4,025) 400,373 401 680 1 ,_3.07 ~3,369,55~ - ~ ~ 65.576 24,800 $ 16,575 $ 8,225 37,535 14,751 22,784 9,000 9,957 (957) 131,100 132,003 (903) 6,000 9,002 (3,002) 22,000 23,839 (1,839) 51,115 61,195 ('10,080) 46,000 39,155 6,845 1,740 942 798 165,890 28,516 137,374 5,000 5,100 (100) 4,600 5,248 (648) 14,000 13,100 900 518,78~ ~ ,5 159,3_97 -16- PART III. ..OTHER REPORT.~ ' ll;IL tt '.'-' ' ll;,:t.., I. .'J: . *zx,,,:,,/,t Z' Z.A,: .... 'Z_~i ....... 41..,,~ : ' I1~ ,~t :,l. z 1,',tl~,,,~ _4 '-~;',',,,I:,Ui, _-I /_'L '2_x,l:,,:,,l; Z' _z/,,:,.,,. INDEPENDENT AUDITOR'S REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GQVERNMENTAUDITING STANDARDS July 24, 1997 Board o1' Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audited the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, Forida as of and for the year ended September 30, 1996. and have issued our report thereon dated July 24, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and pedorrn the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatements. The management oi' EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples, F orida is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs o1' internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, proiection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. -17- East Naples F~re Con~rol and Rescue District July 24, 1997 Page 2 16Glm In planning and performing our audit of the general purpose financial statements of EAST NAPLES FIRE COi'~TROL AND RESCUE DISTR CT, Naples, Florida, for the year ended September 30, 1996, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to ~rovide an opinion on the internal control structure. Accord ngly, we do not express such an opinion. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditior, s under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. The following are reportable conditions: Cash Disbursements During our testing of disbursements, we noted several instances wherein the District was not in compliance with its established disbursement procedures. Therefore, we recommend that all checks be properly supported by approved purchase orders and all checks have two signatures. Fixed Assets During our testing of fixed assets, we determined that discrepancies existed between the current capital outlay accounts in the general ledger and the capital outlay acquisitions added to the physical fixed asset listing. Presently, there is no reconciliation of the capital outlay accounts to the capital outlay acquisitions added to the physical fixed asset listing. Consequently. the general fixed asset account group is not properly supported by the physical fixed asset listing. Therefore, we recommend that the general ledger capital outlay account be reconciled to the physical fixed asset listing on a monthly basis. .Payroll Tax Returns During our testing of payroll, we noted the District's quarterly 941 tax returns were not being reconciled to the general ledger. As a means to ensure the general ledger is properly stated, we recommend that the District reconcile each quarterly payroll tax return to the general ledger on a timely basis. A material weakness is a reportable condition in which the design or operation of one or more of the internal controi structure elements does not reduce to a relatively Iow level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. -18- East Naples Fire Control and Rescue District July 24, 1997 Page 3 Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions, disclose all reportable conditions that are also considered to and accordingly, would not necessarily be material weaknesses as defined above. However, we believe none of the reportable conditions described above is a material weakness. We noted other matters involving the internal control structure and its operation that we have reported to management of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, Naples Florida ina separate letter dated July 24, 1997. , , This report is intended for the information of management and lhe Board of Commissioners of the District. and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants -19- 'll;lhtt '_"' 'z'~ ...... '.L%,, ,:,, _- t;,tl; ..... - INDEPENDENT AUDITORS COMPLIANCE REPORT BASED ON"A,N,AIj'DIT',,,,,:. OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS July 24, 1997 Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTPICT Naples, Florida We have audited the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30, 1996 and have issued our report thereon dated July 24, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the District's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our test disclosed no instances of noncompliance that are required to be reported under Go vernment A uditin¢ Standards. We noted certain immaterial instances of noncompliance that we have reported to the management of East Naples Fire Control and Rescue District in a separate letter dated July 24, 1997. - 20- East Naples Fire Control and Rescue District July 24, 1997 Page 2 This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants -21 - July 24, 1997 Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Bivd, Naples, FL 33962 Commissioners: This letter is in regard to the independent audilor's report on internal control and is prepared in accordance with the Rules of the Auditor General Chapter 10.550. The financial report filed w~th the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, will be amended subsequent to the issuance of the audited general purpose financial statements. The District will prepare the amended financial report and it will be in agreement with the annual financial audit report for the period ending September 30, 1996. The following comments and recommendations are on those areas, which, in our opinion, need improvement, but are not material in relation to the District's general purpose financial statements. The following matters relate to the current and prior year recommendations: I. CURRENT YEAR RECOMMENDATIONS: Extension of Credit During the course of the audit, we noted an instance where a Commissioner of the Fire District utilized the credit card of the District for personal use. The purchase was properly re mbursed however, the act did not serve a public purpose. The District has adopted and implemented a policy prohibiting this practice. Cash Disbursement_~ During our testing of disbursements, we noted several instances wherein the District was not in compliance with its established disbursement procedures. Therefore, we recommend that all checks be properly supported by approved purchase orders and all checks have two signatures. Revenue Log During our reconciliation of revenues, we noted the District maintains a revenue log for all cash receipts received during the year. To strengthen the overall internal accounting control procedures surrounding cash receipts, we recommend that the District reconcile the revenue log to the gen3ral ledger on a monthly basis instead of a periodical basis. - 22 - Board of Commissioners East Naples Fire Conlrol and Rescue District July 24. 1997 Page 2 I. CURRENT YEAR RECOMMENDATIONS IContinued): Payroll Tax Returns During our testing of payroll, we noted the District's quarterly 941 tax returns were not being reconciled to the general ledger. As a means to ensure the general ledger is properly stated, we recommend that the District reconcile each quarterly payroll tax returns to the general ledger on a timely basis. Payroll Files During our review of selected employee payroll files, we identified certain files without current performance evaluations (most recent were 1995) and lacked adequate support to substantiate current salary levels. We recommend that all employee files be reviewed to ensure all required documenlation is maintained and intact. In addition, the District should utilized and establish a standardized employee payroll file checklist to help ensure the employee payroll file stays current with pertinent data. II. PRIOR YEAR RECOMMENDATIONS: Fixed Assets During our testing of fixed assets, we determined that discrepancies existed beb,veen the current capital outlay accounts in the general ledger and the general ledger capital outlay acquisitions added to the physical fixed asset listing. Presently, there is no reconciliation of the capital outlay accounts to the capital outlay acquisitions added to the physical fixed asset listing. Consequently, the general fixed asset account group is not properly supported by the physical fixed asset listing, Therefore, we recommend that the general ledger capital outlay account be reconciled to the physical fixed asset listing on a monthly basis. III. DISTRICT'S ABILITY TO CONTINUF During our audit of the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, as or September 30, 1996 and the year then ended, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defineo in the Rules of the Auditor General Chapter 10,550. IV. STATUS OF PRIOR YEAR RECOMMENDATIONS: Management represents that they have taken necessary action to implement the retirement recommendation contained in prior year's management letter. During our current year's audit, nothing came to our attention indicating otherwise. The District is presently in the process of implementing all of the remaining prior year's recommendations. -23- Board of Commissioners East Naples Fire Control and Rescue District July 24, 1997 Page 2 This report is intended for lhe information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during our engagement. Should you have any further questions as to this letter, please feel free to call us. Very truly yours, WENTZEL, BERRY & ALVAREZ, P.A. Certified Public Accountants - 24 - Z Z Z ~ z FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTDgGENTITY: East Naples Fire and Rescue REPORTFNG FUND GROUP: General C°ntr°lI]D NUMBER: '~ 97 Fund REI/ENUES AND OTHER CREDITS (3II. 000 THROUGH 390. 000) Whole Dollars. Only AccountNo, Description 3 11.~_0 Ad Valorem Taxes 253.9~0 Interest ~ ~3. QD_0 pther Revenue ~mount $3,726,600. 79,488. 144z089. TOTAL REVENUES AND OTttER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) 1 $3,950,177. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORT2'~GENTITY: East Naples Fire and Rescue REPORTING FUND GROUP: General EXPENDITURES AND OTHER DEBITS (51I THROUGH 592) B¢countNo? _Object Description 5!2_ ] o 522 3O 522' 60 522 70 522 Fire TOTAL EXPENDITURES AN-D OTItER DEBITS Duplicate tkis page if additional lines are needed. FORM DBF-AA-403 (Re.,,. 10/9/96) 2 controD NUMBER: Fund Fire Cootrol-Personnel Service Fire'Control-Operatinq Exg's Fire control-~apitgl outlay Fi're Control-Debt Service Control-Transfer Out 197 Whole Dollars Only /%mount $3,432,130. 350~884. 37~207- 117t361.. 66t405. $4,003,987. FUND GROUP REVENUES AND EXJPENDITURES/EXPENSES 199s-96 REPORTING ENT{TY: East Naples Fire Control and Rescue REPORTING FUND GROUP: Special Revenue ID NUNfBER: 19 7 Fund (Impact Fees) REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only Account No, Description ,Amount 3~3 2Z0_ .Impact Fees $327,797. 361 000 Interest Earninqs 16t144- TOTAL REVENUES AND OTE[ER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) 1 .$343,941. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTD'IG ENTITY: East Naples Fire D NUMBER: 197 Control & Rescue REPORTING FUN'D GROUP: Special Revenue Fund EXPENDITURES AND 0 TILER DEBITS (5II THROUGH 592) Account No, ~Object Description 5.2_2.= Fire control-Capi.tal. Outlav TOTAL EXPENDITURES AND OTIRER DEBITS Duplicate th. is page if ad:litional lines are needed. FORM DBF-AA-403 (Re,,'. 10/9/96) 2 (Impact Fees) Whole Dollars Only ~mount $55,357. _ $55,357. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES i995-96 REPORTING ENTITY: East Naples Fire Control & Rescue ID NU1V[BER: 197 REPORTING FLFbFDGROUP: Special Revenue Fund (Hydrant Fund) RE 7ENUES A ND 0 THER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only ~ccountNo. Description Amount 363.100 Special Assessments $7,240,_ 361 000 Interest Earninqs fin4_ TOTAL REVENUES AND OTHER CREDITS Duplicate ti'ds page if additional lines are needed. FO~M DBF-A.A-403 (Kev. 10/9/96) 1 $7,844. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: East Naples Fire D NUMBER: Control & Rescue REPORTING FUND GROUT': Special Revenue Fund (Hydrant EXPENDITURES AND 0 THER DEBITS (511 THROUGH 592) Aqcoun~No, Q..I~[~ Description Fire Control-Operating Zx~ 30 522 TOTAL EXPENDITURES AND OTlqER DEBITS Duplicate tkis page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) 2 197 Fund) Whole Dollars Only Amount, $8,499. $8,499. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES I995-96 PdEPOP, T~GENTIT¥: East Naples Fire Control & Rescue REP©Ri[NO FUND GROUP: Internal Agency NUMBER: ~ 97 Fund REVENUES AND OTHER CREDIT,.? (311.000 THROUGH 390.000) Whole Dollars Only Description Amount 361 000 369 000 Qther Revenue Interest Earninqs Qther Revenue- _Operating Transfer In $99,369. 68. 66~405. TOTAL REVENUES AND OTlqER CREDITS Duplicate th. is page if additional lines are needed. FO~f DBF-A.A-403 ~ev. 10/9/96) I $165,842. ................ . ................... , ,.,,. t Ir 111111 IIIII I IIIIIIIIIII .............. ' .................. Illll I FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: East Maples Fire ID NUN53ER: Control & Rescue REPORTING FUND GROUP: Internal Agency Fund EXPENDI TUR ES A ND 0 THER DEBITS (5II THROUGH 592) 6ccountN~ ~bjcd Description Other-Personal Services Ogher-ODera~nq Exp 529 10 52_9_ 3~_ TOTAL EXPENDITURES Ahq) OTEDSR DEBITS Duplicate tkis page if additional lines are 'needed. FOPG~ DBF-AA-403 (Rev. 10/9/96) 2 197 Whole Dollars Only $93~056. 77t430. $170,486. NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax # (941) 774-1782 July 24, 1997 Wentzel, Berry & Alvarez, P.A. 801 Laurel Oak Drive, Suite 303 };aples, FL 34108 Gentlemen: In connection with your audit of the general purpose financial statements of the EAST t. IAPLES FIRE COb~ROL ~ RESCUE DISTRICT as of September 30, 1996 and the year then ended, for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the financial position of EAST I{APLES FIRE CO~TROL A~ RESCUE DISTRICT and the results of its operations in conforr,.,ity with generally accepted accounting principles, we confirm, to the best of our knowledge and belief, the following representations to you during your audit: We are responsible for the fair presentation in the general purpose financial statements of financial position and results of operations of EAST };APLES FIRE CO}~ROL AND RESCUE DISTRICT in conformity with generally accepted accounting principles. The financial st;atements include all properly classified funds and account groups of the District and no component units exist which are required by generally accepted accounting principles to be included in the financial reporting entity. 2. We have made available to you all -- a. Financial records and related data. blinutes of meetings of Board of Commissioners, or summaries of actions of recent meetings for which minutes have not yet been prepared. ~,~.zel, Berry & Alvarez, July 24, 1997 Page 2 P.A. 3. There ha';e been no -- a o Irregularities involving management or employees who ha*;e significant roles in the internal control structure. b. Irregularities involving other employees that could have a material effect on the general purpose financial statements. Communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices that could have a material effect on the general purpose financial statements. o We have no loans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund balances. 5. There are no -- Related party transactions including receivable or payable, including revenues, expenditures, loans, transfers, leasing arrangements, and guarantees. b o Arrangements with financial institutions involving repurchase or reverse repurchase agreements, compensating balances, or other arrangements involving restrictions on cash balances and line-of-credit or similar arrangements. 6. There are no -- a o Violations or possible violations of budget ordinances, or laws or r~gulations (including those pertaining to adopting and amending budgets) whose effects should be considered for disclosure in the general purpose financial statements or as a basis for recording a loss contingency. b o Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by Statement of Financial Accounting Standards No. 5. Reservations or designations of fund equity that were not property authorized and approved. ,._'I~zel, Berry & Alvarez, P.A July 24, 1997 Page 3 o There are no unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5. o There are no material transactions that have not been properly recorded in the accounting records underlying the general p, lrpose financial statements° EAST ~;APLES FIRE CONTROL ~,~ RESCUE DISTRICT has satisfactory title to all owned assets and there are no liens or encumbrances on such assets nor has any asset been pledged other than as disclosed in the general purpose financial statements. 10. We are responsible for EAST NAPLES FIRE CONTROL A~ RESCUE 5iSTAICT's compliance with laws and regulations applicable to it; and we have identified, and disclosed to you, all laws and regulations that have a direct and material effect on the dete~mination of general purpose financial statement amounts. We have complied with all aspects of laws, regulations, and contractual agreements that would have a material effect on the general purpose financial statements in the event of noncomp!ian~e. il. We have identified all accounting estimates that could be material to the general purpose financial statements, including the key factors and significant assumptions underlying those estimates, and ~:e believe the estimates are reasonable in the circums.tances. 12. No events have occurred subsequent to the balance sheet date that would require adjustments to, or disclosure in, the general purpose financial statements. 13. Fire Chief We represent to you that distributions from impact fees in 1996 were directly related to grow within the District. L~sa /Herndon Secretary/Bookkeeper EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax (941) 774-1782 " RES'" September 26, 1996 Auditor General P. O. Box 1735 Tallahassee, Fi 32302-1735 Deaf Sir: The following are measures and steps we have developed and implemented with regard to the recommendations made by the accounting firm of Wentzel, Berry & Alvarez. P. A. on page 20 as well as pages 21 and 22 of the Financial Statements for the fiscal year ended September 30. 1995. I. Current Year Recommendations: Fixed Assets: Shop Due to the implementation of a new fund accounting program, the reconciliation process whereby the general ledger is reconciled to the ?u,:ed asset listing ,,vas temporarily interrupted. Since then. we have formulated a much improved fixed asset listing, created a separate ?uxed asset file. implemented a disposition of fixed asset form, and reconcile the general ledger and FL<ed asset listing on a monthly basis. Invoices: The Fire Chief has implemented new procedures in order to insure that all shop purchases have proper documentation as well as corresponding purchase orders. The Chief has appointed a non-shop related District employee to review all Napa invoices and match the corresponding invoices to what is stated on the monthly bill/statement. The Fire Chief personally reviews all shop purchase orders, bills, invoices, and statements and signs-off accordingly. Letter to: Auditor General Page: 2 of 2 Date: September 26, 1996 II. Stat~s of prior year Recommendations Hydrants As menl_ioned previously, the District has undertaken the task of converting the entire accounting system into a bonafide Governmental Fund Accounting system. This of course, has eliminated recording the hydrant activity, or any other fund for that matter, in the same fund as the general revenues and expenses. Repair Shop In addition to separating the different funds that the above mentioned program facilitates, an Enterprise Fund has been established in order to separate the shop's activities from all other operations of the District. This provides a better tracking of the receivables and payables, a detailed and better report of revenues and expenditures as well as its own balance sheet. A separate bank account has also been opened in order to fully separate the shop from all and/or other District activities, Impact Fee Ex_'penditures The Board of Fire Commissioners have given the senior officers of the District a directive to formulate a growth percentage rate to be utilize when Impact Fee expenditures are considered. This is an ongoing process, since the District is in a continuous and progressive state of grox~ih. If you have any questions or concerns regarding the procedures and implementations outlined in this letter, please feel free to contact me. Sir~cerely,f Lisa Herndon Financial Officer :Ih Approved: }R'ob%rt gchank Fire Chief EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax (941) 774-1782 October 9. 1997 Mr. James L. Mitchell Cotllity Flnanc(' Director Collier County Finance Dcpartnlcnt 3301 East Tamiaml Trail Naples. Florida 341 ]2 Dear Mr. Mitchell: In accordance with chapter 189, F.S., thc following items arc lx:ing sent to ,,'our office. 1997-1998 Budget 1997-1998 Meeting/Workshop Schedule Dlslrict Map Registered Office and Agent Should you rcqulrc additional information, plcasc don't hesitate to give mc a call. Yolanda lnabnttt Administrative Assistant Enclosures 4 Cop5': File Ill I II II IIIIII IIIIII ' ................ I Immokalee F~re Con:tel And Rescue Distnct January 20. Page 2 · The nature and ~;ource of a!J eh'roes to acgounts as well as required sL;penv~sgry approvals Orgamzat~cn charts supa!emented by job descrictions nad employee performance evaluation standards Exh'b:ts of al! ac,:cur"t:=~ records, forms and reports with iastruc, tis~s for their 2reaaration and dict r,bu::o,'" ' Na'rat:ves ~d ': 3 .',' ?' .71s sf acocu,'"t:n.': procedures · Due Dates 'gl ' ¢:.]"'?a! statements and other reportA. Consider Impleme_0t.i_n_g. Certain Procedures To Enhance The Co_n_t. E0.[s__S u£r_9._u_Ed_ i..ngT_h.e__C_a_s.h- R e c e i p_t_.A_ .n .d_Di s__b g._r .se.A.m. o_n.t.s_c, y_c_l es We realize w~th the. l,mited number of personnel in the Organrzat~cn. as',','efl as the nature of the Orgamzahon '.:"at seaarat!oq of duties becomes ra'.her difficuR. Hov,'ever. '."/e be!icrc that certam procedures ,"~'u '4 be perfc'med to mk~a,, m,om~,a,.ole ,.,.,cJons: (1) Re,/iew or L:"'oser:ed bank statements by an indr.,idtml independept of the account;ag function for unusua! items (2) Separate the dL;t'.}s su?c':"dir'9 the rece~ot cF ~,'m. cmes. preparation of de,oos~t slips and the preaarat'on ';' mc-.thfy bark recsmc !iatroas. (3) Rev:ew ,'"~sr::?'".,' ~a"k re.zonsi?at[oas on a period,; basis by an md~,/idua! independent of the account:n9 fu.mct~ca F4) Ccnsrder cbta,¢'~ ~ tv,,o s,gnatures on ali checks of d;e District. _E_s_t_ ab ! i sb M 0 n t h. ly_ R cc0 n c.i_l ia. ti o 9...A._n~ _R_.ey_Lu_',:v_ ~_r o C e d u_r.e S-Eor_ .A I.I. G_e_n_ e.r.a [.Led g e.r_ _Ac.cO u n ts. During o~¢r audrt. ',ye r'otod ii,at certain general ledger accounts were not reconciled to supporting docun',er~tatic~ :q,:d ceding discrepancies existed between the accounts indicated on the manual chock register ned t;',"). 3";h.;;.'t.! 9e"'eral ledger entry. AdditionaUy. a timely reconciliation and review of afl general ledger acoouc:s v,..:i ",;:2 er's,.:'e tho accuracy of the general ledger and fi~a~c;al data reked umon for management de¢,s,c-s Pert'.o_r_m__.R_¢fl ulaL_P, er_io.c~ic.?_i'!ysiqa, l_l_ny__e_n_.Lur, i_fi~..Q¢ Fi_xEd A_s_.s__eJS Curre.,"t?. the g:s:-: ;t "as r-~g formal written prccodure to perform regular periodic physical inventories of fixed assets ;. r;hys: :mi ::wentory of fixed assets assures the accuracy of the fixed asset records and .r,h~b,,s R' :5..32.';. r%2,;,'.it::;'q Cf ;:xed assets VVe,,',',,","..~, ....., .,, ,~, ,,..4 that a formal procedure be adopted to period,~.a::7 r. er'S-,'~ ,O~ Ts:cai mventories of fixed assets, including reconciliation v,,d'~ the detailed records. In addit,on, a :.'ccer:u'e ,meeds lo be implemented to insure that all fixed assets disposed of ancl/or abandoned dL:,:m,"]., the '/'ear are adequately documented and recorded. Immokalee Fire CoPtrolAnd Rescue District January 20. 1998 Page 3 Provide Financial Statements For Tho Commissioners Review We recommend management provide financial statements at the monthly Board Meetings for review by the commissioners. These statements would provide useful, timely information for the Commissioners use in monitoring cash flow. I!. PRIOR YEAR'S RECOMMENDATIONS Management represents they have taken necessary action to implement the recommendations contained in the prior year's management letter. Iil. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30, 1996, nothing came to our attention that lead us to bel,eve that the District is in a state of financial emergency as defined in the Rules of the Auditor General Cha2ter 10.550. We w,sh ;o exsress our appreciation for the cooperation and courtesy extended to us by the employees of the District during 2ur engagement. Should you have any further questions as to this letter, please feel free to call us. Very truly yours Certified Public Accountants - 20 - I lllllll I I ! II III I II IIIIII II IMMOKALEE FIRE CONTROL DISTRICT .MARKET ROAD, I~LMOK,~.LEE, FLORIDA J414! ! January 20, 1998 Wentzel, Berry & Alvarez, P.A. 801 Laurel Oak Drive Suite 303 Naples, FL 34108-2764 In conn.'~ctioc, witin y¢ur ;ludit of tho general purpose fin~ncia; statements IMM, OKALEE FIRE CONTROL/,,HD RESCLtE DISTRICT as of September 30. 19913, and fcr the year then ended for the purpose cf express;22; a'~ oDin!o.'1, as to ',vhe~her the general purpose financial statements present fairly, in all mate,'ial respects, t'n.e flnanc~a', position of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT and tho results of its operations in conformity with generally accepted accounting principles, we ccnflrm, to the best of our knowledge and belief, the following representations made to you during your audit. We are respo~sible "or the fair presentation in the general purpose financial statements of financial posit;on and results ~f operations of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT in conformity vi,th generally accepted accounting" ' '~." p, recap,.,.,. The financial statements include all proper:'/class:fled funds and accounbng groups of the primary government required by generally a,.c,..,,m,m,, principles to be included ~n the financial reporting entity. accepted ""' "_" 2. We have made available to you all-- a. Financial records and related data. b. M.nu:es of meetings of IMMOKALEE FIR_-- CONTROL AND RESCUE DISTRICT. or sumn'..ar~es cf actions of recent meetings for wh:ch minutes have not yet been prepar,~;d 3, There have ~ ,,e.fl ,qo-- Instances of fraud involving management or employees who have s,gn~fl~an, roles in internal control other than the previous fire chief and bookkeeper which has been adequato!y communicated to you ,ne, could have a materia! effect on the general Instances of fraud involving other employees" ' purpose financial statements other than the previous fire chief and bookkeeper which h;as been adequately communicated to you. Ccmmunications from regulatory agencies cuncerni,~g noncompliance with, or deficiencies ,n, financial reporting practices that could have a material effect on the general purpose financial statements. 4. We have no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund balances. GENERAI. OFFICE (941) 657-2111 FIRE PREVEN"I'ION (941) 657-2700 FAX (941) 65%9489 Wentzel. Berm & Alvarez, P.A. Janua~ 20.1998 Page 2 5. There have been no-- Violations or possible violation of budget ordinances or laws or regulation (including those pertaining to adopting and amending budgets) whose effects should be considered for disclosure in the general purpose financial statements or as a basis for recording a loss contingency other than the embezzlement scheme executed by the previous fire chief and bookkeeper. b. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by .Statement of Financial Accounting Standards No. 5. c. Reservations or designation of fund equity that were not properly authorized and approved. There are no unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5, 8. There are no material transactions that have not been properly recorded in the accounting records underlying the general purpose financial statements. IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged except as disclosed in the general purpose financial statements. 10. We are responsible for IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT's compliance with laws and re;ulations applicable to il; and we have identified, and disclosed to you, all laws and regulations tt~at have a direct and material effect on the determination of general purpose financial statements amounts, We have complied with all aspects of laws, regulations, and contractual agreemenls that would have a material effect on the general purpose financial statements in the event of noncompliance other than the embezzlement scheme executed by the previous fire chief and bookkeeper. 11. We have identified all accounting estimates that could be material to the general purpose financial statements, including the key factors and significant assumptions underlying those estimates, and we believe the estimates are reasonable in the circumstances. 12, No events have cccurred subsequent to the balance sheet date that would require adjustments to, or disclosure in, the general purpose financial statements. Sincerely. IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT Stre Chte¢ Title January 20, !998 Date MEMORANDUM Misc. Correspondence Agenda Date ,, , Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit CoudJFinance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. East Naples Fire Control & Rescue District Pursuant to Flodda Statutes Chapters 189 and 190, the East Naples Fire Control & Rescue District submitted the following: (a) Annual Financial Report for 1996 (b) Audited Financial Report for 1996 (c) Management Letter and Rebuttal to Management for 1996 (d) Budget for 1998 (e) Registered Office and Agent (f) District Map for 1998 (g) Schedule of Regular Meetings for 1998 Thank You. :~pecla~pectal ~,o~ic: ..... i~ i~l llll I III III I I I I II I I ........... II EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1996 ~.6_EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT SEPTEMBER 30, 1996 TABLE OF CONTENTS INDEPENDENT AUDITORS REPORT PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Statement of Revenues. Expenses and Changes in Retained Earnings-Proprietary Fund Type Statement of Cash Flows - Proprietary Fund Type Notes to General Purpose Financial Statements PART II. SUPPLEMENTAL INFORMATION Schedule of Personal Services and Operating Expenditures Governmental Fund Types - Budget and Actual 16G1, ! PAGE 1 4 5 6 7 8 16 PART III. OTHER REPORTS Report on Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government A udifing Standards Management Letter 17 20 22 July 24, 1997 INDEPENDENTAUDITORS REPORT Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audited the accompanying general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30, 1996, as listed in the table of contents. These general purpose financial statements are the responsibility of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, as of September 30,1996, and the results of its operations and cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles. -1- Board of Commissioners EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT July 24, 1997 Page 2 Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The Schedule of Personal Services and Operating Expenditures listed in the table of contents is presented for purposes of additional analysis and is not a required part of the general purpose financial statements of EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. In accordance with Gcvernment Auditing Standards, we have also issued a report dated July 24, 1997 on our consideration o1' EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT's internal control structure and a report dated July 24, 1997 on its compliance with laws and regulations. NTZEL, B 'RR* & ALbAREZ, Certified Public Accountants -2- PART I. GENERAL PURPOSE FINANCIAL STATEMENTS EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1996 GOVERNMENTAL FUND TYPES PROPRIETARY FUND TYPE SPECIAL INTERNAL GENERAL REVENUE AGENCY FUND FUND FUND ASSETS AND OTHER DEBITS $ 368,979 $ 897,144 45,306 34,049 10,661 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 7,168 13,707 0 0 0 0 0 0 0 Cash and cash equivalents Taxes, fees and other receivables Prepaid insurance Investment with trustee Land Buildings and improvements Equipment Vehicles and trucks Office furniture and fixtures Amount to be provided for retirement of general long-term debt 0 0 0 Total Assets and Other Debits Liabilities: Accounts payable Accrued liabilities Due to individuals Note payable 424.946 Total Liabilities LIABILITIES, FUND EQUITY AND OTHER CREDITS Fund Equity and Other Credits: Investment in general fixed assets Retained earnings - unreserved Fund Balance: Reserved Unreserved Total Fund Equity and Other Credits $ 7,283 $ 0 148,929 0 0 0 0 0 ~; 20,87.~5 Total Liabilities, Fund Equity and Other Credits $ 2,156 93 0 0 156,212 0 2,24_9 0 0 0 0 0 18,626 0 931,193 268,734 0 . 268,734 931,193 $ 424.946 $ 931.193 0 0 18,626 FIDUCIARY FUND TYPE AGENCY FUND ACCOUNTGROUPS GENERAL GENERAL FIXED LONG~ERM ASSETS DEBT TOTAL (MEMORANDUM ONLY) $ 0 0 0 758,816 0 0 0 0 0 $ 0 $ 0 0 0 0 0 0 0 562,127 0 1,284,080 0 431,383 0 870,070 0 12,152 0 $3.159.812 21,273,291 93,062 10,661 758,816 562,127 1,284,080 431,383 870,070 12,152 521,091 521,091 521,091 ~ 0 0 758,816 0 758,816 0 $ 0 9,439 0 289,403 438,425 0 0 758,816 0 231,688 ...231,688 0 521,091 1,438,368 0 3,159,812 0 3,159,812 0 0 0 18,626 0 0 0 931,193 0 0 0 268,734 0 ,3,159,812 0 4,378,365 758.816 ~ $ 521.091 S5.816.733 The accompanying notes are an integral part of these general purpose financial statements. '3' II EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1996 Revenues: Ad valorem taxes Impact fees Interest Other Total Revenues Expenditures: Current Public safety: Personnel services Operating expenditures Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Operating Transfer Out Excess (Deficiency) of Revenues and Other Financing Sources (Uses) Over (Under) Expenditures Fund Balance, September 30, 1995 Residual Equity Transfers Fund Balance, September 30, 1996 GOVERNMENTAL FUND TYPES SPECIAL TOTAL GENERAL REVENUE (MEMORANDUM FUND FUND ONLY) $3,726,600 $ 0 $3,726,600 0 327,797 327,797 79,488 16,748 96,236 .... 144,089 7,240 151,329 3,950,177 , 351,765 "4,301,962 3,432,130 0 3,432,130 350,884 8,499 359,383 37,207 55,357 92,564 98,752 0 98,752 18,609 0 18,609 , 3,937,582 63,856 ,,4,001,438 12,595 287,929 300,524 · ¢66,405) 0 (66,405) (53,810) 287,929 234,119 364,030 625,048 989,078 (41,486) 18,216 (23,270) S 268.734 ~ 931,193 ~ The accompanying notes are an integral part of these general purpose financial statements. -4- EAST NAPLES FIRE CONTROL..AND RESCUE DISTRICT ~- ~ G' ~ lily COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN.FUND BALANCES - BUDGET AND ACTUAL..- ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1996 GENERALFUND BUDGET ACTUAL Revenues: Ad valorem taxes $3,669,666 $3,726,600 Impact fees 0 0 Interest 43,000 79,488 Other 119,586 144,089 Total Revenues 3,832,252 3,950,177 Expenditures: Current Public safety: Personal services Operating expenditures Capital outlay Debt service: Principal retirement Interest and fiscal charge Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Operating Transfer Out Excess (Deficiency) of Revenues and Other Financing Sources (Uses) Over (Under) Expenditures Fund Balance, September 30, 1995 3,366,554 3,432,130 454,040 350,884 1,300 37,207 272,200 98,752 12,100 18,609 , 4,106,194 3,937,582 VARIANCE FAVORABLE (UNFAVORABLE) 56,934 0 36,488 24,503 117,925 (65,576) 103,156 (35,907) 173,448 (6,509) 168,612 Residual Equity Transfers (273,942) 12,595 286,537 (60,740) (66,405) (5,665) (53,810) 364,030 (41,486) Fund Balance, September 30, 1996 SPECIAL REVENUE FUND BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) S 4,000 $ 0S (4,000) 150,000 327,797 177,797 21,000 16,748 (4,252) 0 ... 7,240 7,240 175,000 ..351,785 176,785 0 0 0 64,740 8,499 56,241 132,386 55,357 77,029 34,000 0 34,000 0 0 0 231.126 ..... 63,856 167,270 (56,126) 287,929 344,055 0 0 0 287,929 S 344.05~ 625,048 18,216 The accompanying notes are an integral part of these general purpose financial statements. -5- EAST NAPLES FIEE,C0NTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN RETAINED EARN!.NGS-pROPRIETARY FUND TYPF FOR THE YEAR ENDED SEPTEMBER 30, '1996 Operating Revenues: Charges and fees Total Operating Revenues Operating Expenses: Personnel services Materials and supplies Total Operating Expenses Income (Loss) Before Operating Transfers Operating Transfers In Net Income (Loss) Retained Earnings-Unreserved, September 30, 1995 Residual Equity Transfer Retained Earnings-Unreserved, September 30, 1996 $ 99,369 99,437 93,056 77,430 i70,488_ (71,049) 66,405 (4,644) 0 23,270 The accompanying notes are an integral part of these general purpose financial statements. EAST NAPLES FIRE CONTROL AND,RESCUE DISTRICT STATEMENT OF, CASH FLOWS-PROPRIETARY FUND TYPE FOR THE YEAR, EN,DED SEPTEMBER 30, 1996 lbGl,ee Cash Flows from Operating Activities: Cash received from customers Cash received - interest income Cash payments for employees services Cash payments for materials Increase in accounts receivables Increase in accounts payable Net Cash Used by Operating Activities Cash Flows from Non-Capital Financing Activities: Transfer from General Fund Net Cash provided from Non-Capital Financing Activities Net Change in Cash and Cash Equivalents Cash and Cash Equivalents, Beginning of Year Cash and Cash Equivalents, End of Year S 99,369 68 (93,056) (77,430) (13,707) 2,249 (82.507) 89,675 89,675 7,168 0 7.168 The accompanying notes are an integral part of these general purpose financial statements. -7- EAST NAPLES ,FIRE CONTROL,AND RESCUE DISTRICT NOTES TO GENERAL PURPOS,,E FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16Gl NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier County, Florida, and is an independent special district authorized and existing under the laws of the State of Florida enabling statute chapter 61-2034. The District is operated by a three-person Board of Commissioners. The General, Special Revenue Internal Service and Fiduciary Funds and Account Groups include all of the operations and activities relevant to the District. In evaluating the District as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the Districrs general purpose financial statements, have been addressed, The basic criterion for including a component unit within the District's reporting entity is the exercise of oversight responsibility by the District's Board of Commissioners. Factors other than oversight which may significantly influence the entity relationships are Scope of Public Service and Special Financing Relationship. There were no entities that required inclusion as a component unit within the District's general purpose financial statements. Additionally, there were no entities, for which there were positive responses to specific criteria used for establishing oversight responsibility, that were excluded from the District's general purpose financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows: Manil~estations of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to Significantly Influence Operations Accountability for Fiscal Matters: Budgetary Authority; Surplus/Deficit; Responsibility of Debt; Fiscal Management; and Revenue Characteristics Fund Accountinq The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balance, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activitias are controlled. The vadous funds are grouped in the accompanying general purpose financial statements, into three fund types and two account groups as follows: -8- EAST NAP. LES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL,PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16Gl' ' NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES {Continued) Governmental Fund Types General Fund The General Fund is the operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Fund The Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in response to the growth of the community within the District. In addition, lhis fund is used to account for hydrant fees required to be used to fund hydrant repairs and/or maintenance. proprietary Fund Type. Internal Service Fund The Internal Service Fund is used to account for the revenues and expenses associated with the repair and maintenance of governmental service vehicles such as fire trucks, ambulances and general vehicles. The Distdct provides repairs and maintenance service to the other Fire Districts in the area but does not offer maintenance and/or repair services to the general public. Service charges are based upon cost reimbursement. Fiduciary Fund Type A~iencv Fund The Agency Fund is custodial in nature (assets equal liabilities) and does not involve measurement of results of operations. The Agency Fund is a clearing account for assets held by the District as an agent for individuals. The amounts reflected in the agency fund relate to the deferred compensation plan (Note 7). Account Groups General Fixed Assets Account Group The General Fixed Assets Account Group accounts for fixed assets used in the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. The District does not have any infrastructures. No depreciation has been provided on general fixed assets. General Long-Term Debt Account Group The General Long-Term Debt Account Group accounts for long-term liabilities expected to be financed by the District. -9- E.__AST NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accountinq The General and Special Revenue Funds use the modified accrual basis of accounting. Reveques are recognized when they become measurable and available as net current assets. "Measurable" means the amount of ti3e transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Revenues are recorded as received except for revenue susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, District I funds, impact fees and interest. Expenditures are recorded when the liability is incurred, if measurable, except that: a) b) Disbursements for supplies inventory are considered expenditures at the time of purchase; Interest on long-term debt is not accrued, but recorded as an expenditure when paid. The Proprietary Fund Type (Internal Service Fund) is accounted for on an economic resources measurement focus using the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when the related liabilities are incurred. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in these general purpose financial statements for encumbrances. Budgetary Control Each fund's appropriated budget is prepared on a detailed line item basis. Revenues are budgeted by source. Expenditures are budgeted by department and classified as follows: personal services, operating expenditures, capital outlay, debt service and transfers. The District's budgetary legal leve! of control is at the fund level. All budget revisions at this level are subject to final review by the Board o1' Commissioners. ~A4thir~ these control levels, management may transfer appropriations without Commissioner's approval. Combined Statement of Revenues, Expenditures, and Chanqes in Fund Balances - Budqet an,I Actual - All Governmental Fund Types The annual budget serves as the legal authorization for expenditures. Expenditures for the General Fund and Special Revenue Fund cannot legally exceed the total amount budgeted. All budget amendments which change the legally adopted total appropriation for the general fund and special revenue fund are approved by the Board of Commissioners. All appropriations lapse at year-end. -10- _EAST NAPLES F,!RE CONTROl.AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENT£ SEPTEMBER 30, 199~ 16(J1 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES [Continued) Combined Statement of Revenues, Expenditures, and ChanRes in Fund Balances - Budqet and Actual - All Governmental Fund Type {Continued) The District prepares budgets to account for activities of the General Fund and Special Revenue Fund. The budget column is prepared from the District's adopted annual budgets as amended during the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a basis of accounting consistent with generally accepted accounting principles. property Tax Calendar The property tax calendar is composed of the following dates: 1. Lien date o 3rd week in May 2. Levy date - July 1 3. Due date March 31 4. Collection dates November through March Investments Investments are stated at cost, which approximates market value. Florida Statutes allow the District to invest surplus funds in: a) the Stale operated Local Government Surplus Funds Trust Fund; b) securities guaranteed by the U.S. Government or agencies of the U.S. Government; or c) interest bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State, provided collateral requirements are met. Compensated Absences Sick time does accumulate for employees of the District. Accrued sick time in excess of 10 days or 5 shifts can be paid to the employees in cash on October 1 of each fiscal year if they desire. Payment of 100% for accumulated earned sick leave is required to be made to the employee upon termination of employment or to the estate of the deceased, in the event of an employee's death. The elected amount of sick time to be paid on October 1, 1996 totaling S54,748 has been included in accrued liabilities of the general fund. The remaining amount of accumulated sick leave has been reflected in the general long-term debt account group. Accrued vacation accumulates for all employees to a maximum of two years worth of vacation time. Each employee earns vacation time at a different rate based on years of service. Accrued vacation is reflected in the general long-term debt account ?oup since the liability is not expected to be expended within the next year. -11- EAST NAPLES FIRE,CO.N, TROL AND,RESCUE. DISTRICT. NOTES TO GENERAL..PU..RPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Total Column on the Combined Balance Sheet and the Combined Statement of Revenu,~s_, Expenditures and Chan,qes in Fund Balances The total column on each Combined General Purpose Financial Statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position and the results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. Taxes and Fees Receivable No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. Risk Mana.qement It is the policy of the District to purchase commercial insurance for the risks of losses to which it is exposed. The Districrs risk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current year. Statement of Cash Flows For purposes of the statements of cash flows, the District considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. NOTE 2 - CASH AND CASH EqUIVALENT,~ The cash and cash equivalents at September 30, 1996 consisted of the following: Cash on hand Checking and money market accounts Certificate of deposit $ 7O0 672,591 600,000 ~1.273.291 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Flodda Statutes. -12- EAST NAPLES FIRE CONTROL AND. RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENT~ SEPTEMBER 30, 1996 NOTE 3- CHANGES IN GEN.E. RAL FIXED ASSETS ACCOUNT GROUP A summary of changes in General Fixed Assets Account Group for the year ended September 30, 1996 is as follows: Land Buildings and improvements Equipment Vehicles and trucks Office furniture and fixtures Balances Balances September 30, September 30, 1995 Additions Deletions 1996 $ 562,127 $ 0 $ 0 S 562.127 1,284,080 0 0 1,284,080 382,254 57,236 (8,107) 431,383 1,167,756 35,328 (333,014) 870,070 14,444 0 __ (2,2__9~) __ 12,152 ~3.410.661 ~ $_(34~,413) $3.159 812 Included in vehicles and trucks is a capital lease recorded at a valued of S133,240 as of September 30, 1995 (See Note 5). NOTE 4 - ACCRUED LIABILITIES Accrued Liabilities at September 30, 1996 consisted of the following: Accrued retirement ~ayable Accrued sick time payable Accrued wages Accrued payroll taxes payable NOTE 5- GENERAL LONG-TERM DEBT ACCOUNT GROUP $ 43,582 54,743 43,111 7,488 A summary of changes in General Long-Term Debt Account Group for the year ended September 30, 1996 is as follows: Compensated absences Promissory note payable to a bank, interest payable monthly at 70% of the prime lending rate (5.75% at September 30, 1996), due on November 14. 1996. This note is unsecured. Capitalized lease @ 5.75%, principal and interest due annually, secured by rescue pumper truck, maturing October 2000. Balances Balances September 30, September 30, '1995 . Additions Payments 1996 ~ 264,439 $ 24,964 $ 0 $ 289,403 197,200 0 (75,000) 122,200 133,240 0 (23.752) 109,488 594.879 a~~ ~ ~; 52t,091 -13- MEMORANDUM Misc. Correspondence Agenda Date. Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager/~/Fi,1'/ Clerk of the Circuit Court/Finance Department ~/~ II March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Immokalee Fire Control District 1. Pursuant to Flodda Statutes Chapters 189 and 190, the Immokalee Fire Control District submitted the following: (a) 1995-1996 Audited Financial Statement and Management Letter (b) 1996-1997 Audited Financial Statement and Management Letter (c) Budget for 1998 (d) Schedule ol~ Regular Meetings for 1998 (e) Registered Office and Agent (t') District Map for 1998 Thank You. To: LM,MOKALEE FIRE CONTROL AND RESCUE DISTRICT 1 (:) G 1 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL- ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 199r; Revenues: BUDGET Ad valorem and county taxes $ 699,473 Fees Interest 29,903 Miscellaneous 12,000 .... 5, 00~ Total Revenues Expenditures: Current Public safety: Employee cosls Oulside services Operating Expenditures Contingency Maintenance Materials and supplies Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (deficiency) of revenues over (under) expenditures Loss from embezzlement (Note 7) Excess (deficit) of revenues over expenditures and loss from embezzlement Fund Balance, September 30. 1995 Fund Balance, September 30, 1996 GENERALFUND ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) $ 705,310 $ 21,027 10,104 _ 8,298 5,837 (8,876) (1,896) 3,298 744,739 (1,637) 424,903 455,984 (31,081) 28,932 37.483 (8.551) 62,200 48.324 13.876 80,000 0 80.000 28,000 29.165 (1,165) 37,024 14,545 22,479 34,085 5,357 28.728 135,312 9,237 126,076 35 920 ... 35.91__5 4 866 376 _. 636,010 ... 230,36~ (120,000) 108,729 228,729 0 186 132 (186,132) (77,403) 116,981 39.578 The accompanying notes are an integral part of these general purpose financial statements. -4- IMMOKALEE FIRE. CONTRO. L AND RESCUE D!S~_RI___CT NOTES TO GENERA__L._P_U_R~ P_OSE. FINANCiAL STATEMENTS SEPTEMBER 30, 199~ NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reportin_q Entity IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Flonda State Legislature to provide fire and rescue service to a certain prescribed area in Collier County. Florida. and is an independent special district authorized and existing under Florida enabling statute chapter 61-2034. The District is operated by a three-person board of commissioners. The General Fund and account groups include all of the operations and activities relevant to the District. In evaluating the D~strmt as a reporbng entity, potential component units (traditionally separale reporting entities), which ma,/or may not fall within the District's general purpose financial statements, have been addressed The basic criterion for including a component unit within the District's repoding entity is/he exercise of oversight respons~bd~ty by the Districrs Commissioners. Factors other than oversight which may significantly influence/he entity relationship, are Scope of Public Service and Special Financing Relationship. There were no entities that required inclusion as a component unit within the District's general purpose financial statements. Additionally. there were no entities, for which there were positive responses to specific criteria used for establishing oversight responsibility that were excluded from the District's general purpose financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows -- Manifestations of Oversight Responsibility: Selection of Governing Authority: Designation of Management: and Ability to Significantly Influence Operations. -- Accountability for Fiscal Matters: Budgetary Authority. Surplus/Deficit: Responsibility of Debt; Fiscal Management: and Revenue Characteristics Fund Accounting The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balances, revenues, and expenditures Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are contro;led. The following fund type aqd account groups are used by the District: Governmental Fund T. yp_e. General Fund. The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. -5- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30,.1996 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Account Groups General Fixed Assets Account Groui:) - The General Fixed Assets Account Group accounts for fixed assets used in the District's operations, All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at estimated fair value on the date donated. The District does not have any infrastructure. No depreciation has been provided on general fixed assets. [_on.q-Term Debt Account Group_ - The Long.Term Debt Account Group accounts for long-term liabilities e:,'pecteC to be financed by the District. Basis of Accountinq The General fund uses the modified accrual basis of accounting. Revenues are recognized when they become measurable and available as net current assets. Revenues are recorded as received except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes and interest. Expenditures are recorded when the liability is incurred, if measurable, except that: a) Disbursements for supplies inventory are considered expenditures at the time of purchase; b) Interest on long-[erin debt is not accrued, but recorded as an expenditure when due. _B u d_(:ieta tv' Process The budget and amendments, if any, are approved by the Commissioners. The budget is prepared on the cash basis which is considered not to be materially different from the modified accrual basis in accordance with generally accepted accounting principles. The annual budget serve.~ as the legal authorization for expenditures. Expenditures cannot legally exceed the total amount budgeted. All budget amendments, which change the legally adopted total appropriation, are approved by the Commissioners. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in these general purpose financial statements for encumbrances. -6- IMMOKAL. EE FIRE CQ.NTROL AND.. RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENT,~ SEPTEMBER 3..0, '1996 NOTE ~1 o REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIE,~ (Continued) Combined Statement of Revenues, Exp,enditures and Chanqes in Fund Balances - Budqet and Actual - All Governmental Fund Types The budget column of this statement is prepared from the District's adopted annual budget, as amended during the year. which reflects budgeted revenues and expenditures in total for all governmental fund types on a cash basis which is comparable to the modified cash basis of accounting for the year ended September 30, 1995. Appropriations lapse at year end. Property Tax Calendar The calendar is composed of the following dates: 1. Lien date 3rd week in May 2. Levy date July 1 3. Due date March 31 4. Collection dates November through March Taxes and Fees Receivable No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. Compensated Absences The District's employees earn vacation which may either be taken or accumulated, up to certain amounts, untd paid upon retirement or termination. The District's employees also receive sick pay, however, unused time is not paid out at termination or retirement. The District had no significant liability for vacation or sick pay as of September 30, 1996. Thus, no accrual amounts have been reflected in the general purpose financial statements. Total Column on the Combined Balance Sheet and the Combined Statement of Revenues, Expenditures and Chanqes in Fund Balances The total column on each combined general purpose financial statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position or results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. -7- IMMOKALEE..F. IRE.CO. NTROL.AND RESCUE DISTRICT NOTES TO GENERAL..P.URpOSE FINANCIAL STATEMENTS SEPTEMBER...30, 1996 NOTE i - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIFS (Continued) Investments Investments are stated at cost. which approximates market value. Florida Statutes allow the District to invest surplus funds in' a) the State operated Local Government Surplus Funds Trust Fund: b) securities guaranteed by the U,S. Government or agencies of the U.S Government; or c) interest bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State, provided collateral requirements are met. Risk Management It is the policy of the District to purchase commercial insurance for the risks of losses to which it is exposed. The District's risk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current year. NOTE 2. CASH AND CASH EQUIVALENT~ Cash and cash equivalents held at September 30. 1996 consisted of the following: GENERAL FUND T-Bills $ 15,005 Demand Deposits 48,529 $~ 63.53..~. All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Florida Statutes. T-bills were cashed in on November 7. 1995. -8- IMMOKALEE FIRE.CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP {Continued) Following is a schedule of the mortgage principal payments and the present value of net future minimum payments on capital leases as of September 30, 1996: YEAR ENDED SEPTEMBER 30, MORTGAGE ,pRINCIPAL, LEASE PAYMENTS TOTAL 1997 $ 89,000 $ 126,213 $ 215,213 1998 44,500 112,360 156,860 1999 44,500 54,162 98.662 2000 44,500 41,331 85,831 2001 .... 19,500 ... 37,.541 57,041 .2~ 2...._~0_.0~ 371,607 _6_13_~6_Q7 Less: Amount representing interest (79,600) Present value of net minimum lease payment A summary of changes in general long-term account group is as follows: BALANCE BALANCE SEPT. 30, SEPT. 30, 1995 ADDITIONS PAYMENTS 1996 Mortgage note payable to bank, interest payable annually at prime plus 1.0% with annual principal payment of $44,500 due through May 2000. Final principal payment of $19,500 due at maturity. The note is secured by the real property owned by the District. 242,000 S 0 $ 0' $ 242,000 Capitalized leases secured by equipment with maturity dates from 1998 to 2001 and interest rates ranging from 5.25% to 9.25% per annum. 301,244 0 (9,237) 292,007 .~ S 0 ~ $ 534.0~7 During the fiscal year, the District was unable to pay the principal payment on the mortgage note. District obtained a mortgage extension and scheduled to make two principal payments during the September 30, 1997 fiscal year. Total interest paid on such notes was $22,526. The -10- IMMOKALE...E .FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 16G1 SEPTEMBER 30, 1996 NOTE 6 - PENSION PLAN OBLIGATION The District maintains a single-employer defined contribution pension plan for the benefit of it's full-time employees. The plan covers all full-time employees at 15% of their salaries, Employees become eligible at the time they are hired. Pension expense for the year ending September 30, 1996 was S49,712. The District total payroll was $328,703. Employees are 100% vested in all contributions Contributions are forwarded to Dean Witter to individual accounts for each employee. NOTE 7 - EMBEZZLEMENT OF FUNDS During the fiscal year ending September 30, 1996, it was discovered that the previous Fire Chief and the previous Administratwe Assistant were embezzling funds from the District. The two were preparing checks for fictitious expenditures and forging the authorized Fire Commissioner's signature on these checks. During May, 1996, the fraudulent activities were discovered and the two employees were dismissed. Legal prcceedings have ensued and both were found guilty and ordered to pay restitution. The attorney for the District arrived at a total amount of funds misappropriated over the embezzlement period to be $205.070. The embezzlement amount that applied to the fiscal year ending September 30, 1996 was $186,132, -11 - INDEPENDENT ACCOUNTANTS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WiTH GOVERNMENT AUDITING STANDARDS January 20, 1998 Board of Commissioners Immokalee Fire Control And Rescue District Immokalee, Florida We have audited the general purpose financial statements of the IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT (the "District"), as of and for the year ended September 30. 1996 and have issued our report thereon dated January 20, 1998. We cor~ducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The DistricI's management is responsible for establishing and maintaining an internal structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control and structure are to provide management with reasonable, but not absolute, assurance that assels are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may neveEheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the desig~ and operation of policies and procedures may deteriorate. In planning and perf, orming our audit of the general purpose financial slatements of the District for the year ended September 30, 1996, we obtained an understanding of the internal control structure With respect to the internal control structure, we obtained an understanding of the design of relevant policies -12- Immokalee Fire Control And Rescue District January 20. 1998 Page 2 and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financiai statements and not to provide an opinion o'~ the internal control structure Accordingly. we do not express such a;~ opinion. We noted ce~ain matters involving the internal control structure and its operation that we consider to be reportab:e conditions under standards established by the American Institute of Cedified Public Accountants Repo-table conditions involve matters coming to our attention relating to significant deficiencies ~n the design or operation of the internal control structure that. ~n our judgment, could adverse',:,, affect the entit'/s ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements The reportable cond t:,ons noted were as follows: 1. Certain g6neral !edger accou.nts ,,',,ere r'ot b,3h~g reconciled to supporting dor'umentation 2. Monthly financial statements were not being provided to commissioners for approval and/or review. A material weakness is a reportable condition in which the design cr operation of one or more of the internal control structure elements does not reduce to a relatively Iow level the risk ',i;at errors or irregu',arities in amounts that would be material in relation to the general ourpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. However, we r:cted the following matters involving internal control structure and its operation that we consider to be n;atori;~l weaknesses as defined above. These condit;ons ',,,'ere considered ir] determining the nature, t,m~ng, and e:<tent of the procedures to be performed in ot;r audit of tl~o District':; (joneral purpose fina."c,~Jl statements for the year ended September 30. t996 The fc!:ow~ng 'o;3rese~,.ts the material weaknesses identified: 1 Lack of ...... roi over cash disbursements altov,,ed m~sappropriation of funds by management. The Distr~ct has ,',o schedule of fixed assets and has not performed a physical inventory of their assets. Cor~sequently. the general fixed asset account group is not properly supported by a physical asset listing. The totalled inventory should reflect all assets of the District and should be reconciled to the costs per the General Fixed Assets Account Group at least annually. Rules of the Auditor General Chapter 10.400 should be reviewed by the District to insure compliance with the specific requirements. -13- Immokalee Fire Control And Rescue District January 20, 1998 Page 3 We also noted matters involving the internal control structure and its operation that we have reported to the District's management of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT in a separate letter dated January 20, 1998. This report is intended for the information of management and the Board of Commissioners of the District. However, this report is a matter of public record and its distribution is not limited. WENTZEL, BERRY &(ALVAREZ, P.A." Cedified Public Accountants -14- INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE BASED ON Al',] AUDIT OF GENERAL PURPOSE FINANCIAL STATEMEI',,ITS PERFORMED IN ACCORDANCE WITH .G.Q.V_5_R.N_MEN__T_.A.UDI_T_I~G. STAt_4DAR_D~S_ January 20, 1998 Board of Co:Tmniss~oaers Immokalee Fire Control And Rescue District Immokalee, Florida We have audited the general purpose financial statements of the IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30. 1996. and ~- . ,,,~ ~ssued our report thereon dated Janua'y 20. 1998. VVe conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards. issued by the Comptroller General of the United States. Those standards require that we plan a~d perform the audit to obtain reasonable assurance about whether the g,_":oral purpose financial statements are free of material misstatement. Compliance with laws. regulations and contracts applicable to the District is the responsibility of the District's managemenL As part of obtaining reasonable assurance about whether tho finanoal statements are free c.f material misstatement, we performed tests of IMMOKALEE FIRE CONTROL AND RESCUE DISTP, ICT's compliance with certain provisions of laws. regulations and contracts. However, the objective of our audit of the general purpose financial statements ,,',,as not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The result of our tests disclosed the following instances of noncompliance that are required to be reported herein under Government Auditing Standards. 1. Lack of control over cash and lack of segregation of duties allowed for misappropriation of funds. The District has no schedu!e of fixed assets and has not performed a physical inventory or' their assets. Consequently. the general fixed asset account group is not properly supported by a physical asset listing. The detailed inventor,/should reflect all assets of the District and should be reconciled to the costs per the General Fixed Assets Account Group at least annually. Rules of the Auditor General Chapter 10.400 should be reviewed by the District to insure compliance with the specific requirements -15- Immokalee Fire Control And Rescue District January 20, 1998 Page 2 We considered these instances of noncompliance in forming our opinion on whether IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT's 1996 general purpose financial statements are presented fairly, in all material respects, in conformity with generally accepted accounting principles, and this report does affect our report dated January 20, 1998. on those general purpose financial statements. This report is intended for the information of management and the Board of Commissioners of the District. However, this report is a matter of public record and its distribution is not limited. WENTZEL, Br-RR ~., ~,LVAREZ, P.A. Certified Public Accountants -16- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT .SCHEDULE OF FINDINGS .SEPT,EMBER 30, 1996 Findinq #_1_ Condition: Criteria: Effect: Cause' Finding #2 Condition: Criteria: Effect: Cause: Lack of segregation of duties and control over cash. Controls over cash and disbursements should be more complete. Lack of segregation of duties and proper controls over cash allowed for the opportunity to misappropriate funds. The embezzlement occurred due to the !ack of segregation of duties and tighter controls over cash. Had the District req~:ired two signatures on checks and proper authorization on e>'penditures, the embezzlerr, ent would have been much more difficult and may have requi-ed collusion of more Lack of physical listing of fixed assets and inventory of same. Controls surrounding fixed assets shou',d be implemented. Lack of actual inventory and ', ,,t ..... n,o, ,~ ...... g fixed assets allows for the misappropriation of the assets of the District, The District suffered a substantial write-off in an attempt to identify and inventory the fixed assets of the District. -17- January 20. 1998 16Gl, _cp_.,://. MANAGEMENT LETTER Board of Commissioners Immokalee Fire Control And Rescue District Irnmokalee, Florida Commissioners: This letter is in regard to the accountants' report on internal control and is prepared in accordance with the Rules of the Auciitors General Chapter 10.550. 'r'he financial report, filed with the Depadment of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of the date of this letter. The District will prepare the financial report and it will be in agreement with the annual financial audit report for the period ended September 30, 1996. I. RECOMMENDATIONS FROM CURRENT YEAR°S AUDIT: Establish A formal Written Accountin.q Policies And Procedures Manual The District's accounting policies and procedures have been informally established and perpetuated due to the size of the Organization and the limited personnel. Although some efforts have been focused on documenting cedain aspects of the financial matters, we suggest that a formal, accounting policies and procedures manual be adopted. The principal advantages of such a manuaI are: The promct~on of consistency and uniformity in the treatment of accounting transactions. Guidance and reference for all personnel performing accounting functions. Promotion of greate- opportunity for constructive improvement of accounting procedures by periodic critical reviews cf the existent procedures prescribed by a manual. The accounting policies and procedures manual should include, but not necessarily be limited to, the following: A list of accounting policies followed in the recording of transactions and preparation of the financial statements. -18- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER ,3,0,, ,'1997 NOTE 6 - PENSION PLAN OBLIGATIONS The District maintains a single-employer defined contribution pension plan for the benefit of it's full-time employees. The plan covers all full-time employees at 15% of their salaries. Employees become eligible at the time they are hired. Pension expense for the year ending September 30, 1997 was $41,334. The District total payroll was $297,997. Employees are 100% vested in all contributions. Contributions are forwarded to Dean Witter to individual accounts for each employee. -11 - PART I!. OTHER REPORTS IIIII I III I- Ill'--- II II I I ..... 16Gl, ~_;(i,,:l:~,l;, ~-.¢. '.L~,I:,.,,,t; .Z'. _~t,,,,.,,,. :_'~7;,.,=..Z'. :/9:,,,.:. INDEPENDENT ACCOUNTANTS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOV_E_B_.NJ~1_.ENT__A_U__D6T_I_N_G_~TA__N_D_A_R_D_S. January 20. 1998 Board of Commissioners Immoka!ee Fire Control And Rescue District Immoka!ee, Florida We have audited the general purpose financial statements of the Immokalee Fire Control And Rescue District (the "District"), as of and for the year ended September 30, 1997 and have issued our report thereon dated January 20, 1998. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perfcrm the audit to obtain reasonable assurance about whether the general purpose financial statements a-e free of material misstatement. The District's management is responsible for establishing and maintaining an internal control structure. In fuI;illin9 this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of genera' purpose financial statements in accordance with generally accepted accounting principles. Because cf inherent limitations in any internal control structure, errors or irregularities may nevertheless occur ar'd not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30. 1997. we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control r'sk in order to determine our auditing procedures for the purpose of expressing our cpinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordir,gly. we do not express such an opinion. -12- January 20.1998 MANAGEMENT LETTER Board of Commissi3ners Immokalee Fire Controi And Rescue District Immokalee, Florida Commissioners' This letter is in regard to the accountants' report on internal control and is prepared in accordance with the Rules of the Auditors General Chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of tho date of this letter. The District will prepare the financial report, and it will be in agreement with the annL~al financial audit report for the period ended September 30, 1997. I. RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT There were no ne,,',' reportable conditions identified for fiscal 1997. II. PRIOR YEAR RECOMMENDATIONS THAT CONTINUES TO APPLY Establish A formal Written Accountinq Policies And Procedures Manual The District's accounting policies and procedures have been informally established and perpetuated due to the size of the Organization and the limited personnel. Although some efforts have been focused on documenting certain aspects of the financial matters, we suggest that a formal, accounting policies and procedures manual be adopted. The principal advantages of such a manual are: * The prcmotion of consistency and uniformity in the treatment of accounting transactions. * Guidance and reference for all personnel performing accounting functions. Promotion of greater opportunity for constructive improvement of accounting procedures by periodic critical reviews of the existent procedures prescribed by a manual. The accounting policies and procedures manual should include, but not necessarily be limited to, the following: -15- :%,,'_-'7~,,,~ , ' _ . ~' ' , ' ~,,,'1;I; .... -%,' .... ...,,: ,,'" _ ....... I ~'~,,/,: 'z>-. ;, ,.,- :'t,,M,.:. 'P!:,,r,t,, .,..,.,,., ..... f-: f;:.~ ,,,/, ./,,, '-L,, L::,! ~r,r, ,,~., Immokalee Fire Control And Rescue District January 20, 1998 Page 3 III. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT, as of and for the year ended September 30, 1997, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.550. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District during cur engagement. Should you have any further questions as to this letter, please feel free to call us, Very truly yours, WENTZ'EL. BERRY & ;ALVAREZ, P.A. Certified Public Accountants -17- IMMOKALEE FIRE CONTROL DISTRICT ~02 E. NEW MARKET ROAD. I.M,MOKAI,EE, FLORID,*, $4142 January 20, 1998 Wentzel, Berry & Alvarez. P.A. 801 Laurel Oak Drive Suite 303 Naples, FL 34108-2764 In connection with your audit of the general purpose financial statements IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT as of September 30, 1997, and for the year then ended for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the financial position of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT and the results of its operations in conformity with generally accepted accounting principles, we confirm, to the best of our knowledge and belief, the following representations made to you during your audit. We are respons~bi,.., for the fair presentation in the general purpose financial statements of financial position and results of operations of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT in conformity with generally accepted accounting ~rincip~es. The general purpose financial statements i~clude all properly classified funds and accounting groups of the primary government required by generally accepted accounting princip!es to be included in the financial reporting entity. 2. We have made available to you all-- a. Financial records and related data. b. M~nutes of meetings of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT, or summaries cf ~,ct~ons of recent meetings for which minutes have not yet been prepared 3. There have been, ro-- a. Instances of fraud involving management or employees who have significant roles in internal contro!. b. Instances of fraud involving other employees that could have a material effect on the general purpose financial statements. Communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices that could have a material effect on the general purpose financial statements. 4. We have no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund balances. GENERAL OI:FICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX (941) 657-9489 Wentzel, Berry & AIvarez, P.A. January 20, 1998 Page 2 1 6Gl 5. There have been no-- Violations or possible violation of budget ordinances or laws or regulation (including [hose pertaining to adopting and amending budgets) whose effects should be considered for disclosure in the general purpose financial statements or as a basis for recording a loss contingency. b. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by Statement of Financial Accounting Standards No. 5. c. Reservations or designation of fund equity that were not properly authorized and approved. There are no unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5. 8. There are no material transactions that have not been properly recorded in the accounting records underlying the general purpose financial statements. IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged except as disclosed in the general purpose financial statements. 10. We are responsible for IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT's compliance with laws and regulations applicable to it; and we have identified, and disclosed to you, all laws and regulations that have a direct and material effect on the determination of general purpose financial statements amounts. We have complied with all aspects of laws, regulations, and contractual agreements that would have a material effect on the general purpose financial statements in the event of noncompliance. 11. We have identified all accounting estimates that could be material to the general purpose financial statements, including the key factors and significant assumptions underlying those estimates, and we believe the estimates are reasonable in the circumstances. 12. No events have occurred subsequent to the balance sheet date that would require adjustments to, or disclosure in, the general purpose financial statements. Sincerely, IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT Signa~re ~ Fire Chief Title January 20, 1998 Date IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1996, IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT TABLE OF CONTENTS SEPTEMBER 30, 1996 INDEPENDENT ACCOUNTANTS' REPORT PAGE PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Notes to General Purpose Financial Statements 2 4 5 PART II. OTHER REPORTS Report on the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Schedule of Findings Managerrent Letter 12 15 17 18 INDEPENDENT ACCOUNTANTS'REPORT January 20, 1998 Board of Commissioners IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT Immokalee. Florida We have audited the accompanying general purpose financial statements of the IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT as of and for the year ended September 30, 1996, as listed in the table of contents. These general purpose financial statements are the responsibility of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. Except as discussed in the following paragraph, we conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Because of the inadequacy of accounting records for fiscal year ending September 30, 1996, we were unable to form an opinion regarding certain expenditures and/or disbursements in the accompanying general purpose financial statements. In our opinion, except for the effects of such adjustments, if any, as might have been determined to be necessary had the accounting records been adequate for us to satisfy ourselves about such expenditures and/or disbursements, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT as of September 30, 1996, and the results of its operations for the year ended in conformity with general accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated January 20, 1998 on our consideration of the District's internal control structure and a report dated January 20, 1998 on its compliang.e with laws, and regulations. Certified Public Accountants -1- PART I. GENERAl- PURPOSE FINANCIAL STATEMENTS ~ ~ I IIIII I I I III I I I II II I III II IIII I IIIII I IMMOKALEE,FIRE,C,ONTRQ,E AND RESCUE DISTRICT. 1 6 ~ ]. '/~ ~ COMBINED BALANCE SHEET - ALL FUND ~PES AND ACCOUNT GROUPS SEPTEMBER 30~ ~99~ ACCOUNT GROUPS TOTAL GENERAL FIXED LONG-TERM (MEMORANDUM FUND ASSETS DEBT ONLY) .... ASSETS AND OTHER DEBITS Cash and cash equivalents (Note 2) Fixed assets (Note 3) Amount to be provided for retirement of general long-term debt $ 63,534 $ 0 S 0 $ 63,534 0 1,563,425 0 1,563,425 0 0 534,00~ 534,00X Total Assets and Other Debits ~ ~ $534.0.0~ ~2,!60.966 LIABILITIES, FUND EQUITY AND OTHER CREDITS Liabilities: Accounts payable Accrued liabilities (Note 4) Obligations under capital leases (Note 5) Mortgage note payable (Note 5) 9.217 $ 0 $ 0 $ 9,217 14,739 0 0 14,739 0 0 292,007 292,007 0 0 242,000 242,000 Total Liabilities 23,956 0 534,007 557,963 Fund Equity and Other Credits: Investment in general fixed assets Fund Balance o Unreserved 0 1,563,425 0 1,563,425 39,578 0 0 39,578 Total Fund Equity and Other Credits 39,578 1,563,425 0 1,603,003 Total Liabilities, Fund Equity and Other Credits ~. 63.53~ .$1.563.425 $ 534:00~ $2,160.966 The accompanying notes are an integral part of these general purpose financial statements. IMMOKALEE FIF~E,CONTR,OL AND RESCUE DISTRICT, 1~ ~) G ], t~ ~ COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED,SEPTEMBER 30, 1996 GENERAL FUND Revenues: Ad valorem and county taxes $ 705,310 Fees 21,027 Interest 10,104 Miscellaneous 8,29.8. Total Revenues 744,73~ Expenditures: Current Pubic safety: Employee costs Outside services Operating expenditures Maintenance Materials and supplies Capital outlay Debt service: Principal retirement Interest and fiscal charges 455,984 37,483 48,324 29,165 14,545 5,357 9,237 35,915. Total Expenditures Excess of revenues over expenditures 636,01q 108,729 Loss from embezzlement (Note 7) 186,132 Excess (deficit) of revenues over expenditures and loss from embezzlement (77,403) Fund Balance, September30,1995 116,98!. Fund Balance. September 30, 1996 39.578 The accompanying notes are an integral part of these general purpose financial statements. -3- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT ! 6 G 1.. COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES-BUDGET AND ACTUAL-ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, '1997. Revenues: Ad valorem and county taxes Fees Interest Sale of equipment Miscellaneous GENERALFUND BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) 706,934 $ 724.926 22,710 21,810 10,000 9,241 5,000 5,525 0 55,210 17,992 ~900) (759) 525 55.,210. Total Revenues 744,64,4 816,712 72.068 Expenditures Current Public safety: Employee costs Outside services Operating Expenditures Contingency Maintenance Materials and supplies Capital outlay Debt service: Principal retirement Interest and fiscal charges 430.056 415,164 37,998 28,334 55,050 48.421 8,700 0 38,096 31,636 26,300 19.032 16,700 11,573 175,720 187,202 36,000 36,880 14.892 9,664 6,629 8.700 6,460 7,268 5,127 (11,482) (880) Total Expenditures 824,62q 778,242 46,378 Excess (deficiency) of revenues over (under) expenditures (79,976) 38,470 118,446 Other financing sources (uses): Proceeds from line of credit 0 13.000 13,000 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses .$ (79,976) 51,470 $ 13~,4~6 Fund Balance, September 30, 1996 39,578 Fund Balance. September 30, 1997 $ 91.048 The accompanying notes are an integral part of these general purpose financial statements. -4- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL p,URPOSE FINANCIAL STATEMENTS SEPTEMBER 30, I997 NOTE i - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reportinq Entity IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Legislature to provide fire and rescue service to a certain prescribed area in Collier County. Florida. ~nd is an independent special district authorized and existing under Florida enabling statute chapter 61-2034. The District is operated by a three-person board of commissioners. The General Fund and ,~ccount groups include all of the operations and activities relevant to the District. In evaluating the D~str~c: as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the District's general purpose financial statements, have been addressed The basic criterion for including a component unit within the District's reporting entity is the exercise of oversight responsibility by the District's Commissioners. Factors other than oversight which may significantly influer'ce the entity relationship, are Scope of Public Service and Special Financing Relationship There were no entit~es that required inclusion as a component unit within the District's general purpose financial statements Additionally, there were no entities, for which there were positive responses to specific cnteria used fo" establishing oversight responsibility that were excluded from the District's general 2urpose flnanc al statements. The specific critena used by the District for establishing overmght responsibility are as follows -- Manifestations of Oversight Responsibility: Selection of Governing Authority; Designation of Management; and Ability to Significantly Influence Operations. -- Accountability for Fiscal Matters: Budgetary Authority; Surplus/Deficit; Responsibility of Debt; Fiscal Management; and Revenue Characteristics. Fund Accountinq The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balances, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The following fund type and account groups are used by the District: Governmental Fund Type General Fund - The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. -5- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1997 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES {Continued) Account Groups Ge_Qe_r_aLF_i_x_ed_d__A.sAe_ts__AA_cP_u_n_t_G_.r_o_up - The General Fixed Assets Account Group accot~nts for fixed assets used ~n the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at estimated fair value on the date donated. The District does not have any infrastructure. No depreciation has been provided on general fixed assets. Long-Term Debt Account GrouE - The Long-Term Debt Account Group accounts for long-term liabilities expefte: to be financed by the District Basis of Accountinq The General fund uses the modified accrual basis of accounting Revenues are recognized when they become measurable and available as net current assets. Revenues are recorded as received except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes and interest. Expenditures are recorded when the liabihty is incurred, if measurable, except that: a) Disbursemcnts for supplies inventory are considered expenditures at the time of purchase: b) Interest on long-term debt is not accrued, but recorded as an expenditure when due Bud_qeta~ Process The budget and amendments, if any, are approved by the Commissioners. The budget ~s prepared on the cash basis which is considered not to be materially different from the modified accrual bas~s :n accordance with genera ly accepted accounting principles, The annual budget serves as the legal authorization for expenditures. Expenditures cannot legally exceed the total amount budgeted. All budget amendments, which change the legally adopted total appropriation, are approved by the Commissioners. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of monies are recorded is not employed by the District and thus no amount has been included in th~se general purpose financial statements for encumbrances. -6- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 1 6Gl '" NOTE i - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES {Continued) Investments Investments are stated at cost, which approximates market value. Florida Statutes allow the District to invest surplus funds in: a) the State operated Local Government Surplus Funds Trust Fund: b) securities guaranteed by the U.S, Government or agencies of the U,S. Government: or c) interest bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State. provided collateral requirements are met. Risk Management It is the policy of the Distr~ct to purchase commercial insurance for the risks of losses to which it is exposed. The District's risk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage fcr the current year. NOTE 2 - CASH AND CASH EQUIVALENTS Cash and cash equivalents held at September 30, 1997 consisted of the following: GENERAL FUND Checking $ 4,245 Money Market . 102,374 S 106,(~19 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection poo! required by Sections 280.07 and 280.08 Florida Statutes. -8- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 ]6Gl NOTE 3-CHANGES IN GENERAL FIXED ASSETS ACCOUNT GROUP A summary of changes in the general fixed assets account group is as follows: BALANCE SEPT, 30, 1996 ADDITIONS DELETIONS Land Building and improvements Furniture, fixtures and equipment Autos and trucks Equipment under capital lease $ 114,916 $ 0 $ 0 455,967 0 0 201,176 11,573 (10,471) 456,855 0 (13,500) 334.511 0 0 Total .~ 1_,563;42.,~ S 11.573 _~.. (23~971) BALANCE SEPT. 30, 1997 S 114,916 455,967 202.278 443.355 334,511 $1 NOTE 4 - ACCRUED LIABILITIES Accrued liabilities at September 30. 1997, were comprised of the following: Accrued wages payable Payroll taxes payable Retirement contribution payable Other payroll deductions payable 6,672 510 1,001 940 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT GROUP Lease Obliqations The District is committed to various capital leases. Capital leases are generally defined as leases which transfer benefits and risks of ownership to the lessee. The cost of equipment acquired under capitalized leases is reflected in the general fixed assets account group (See Note 3). -9- I_MMOKALEE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997_ NOTE 5- GENERAL LONG-TERM DEBT ACCOUNT GROUP (Continued) Lease Obliqations (Continued) Following is a schedule of the mortgage principal payments and the present value of net future minimum payments on capital leases as of September 30, 1997: YEAR ENDED MORTGAGE LEASE SEPTEMBER 30j PRINCIPAL PAYMENTS TOTAL 1998 44,500 112,360 156,860 1999 44,500 54.163 98,663 2000 44,500 41,331 85,831 2001 19,50q , 37,540 57,040 153.002 245.394 3_9_8~394 Less Amount reFresenting interest (38,588) Present value of net minimum lease payment A summary of changes =n general long-term account group is as follows: BALANCE SEPT, 30, 1996 ADDITIONS PAYMENTS BALANCE SEPT. 3O, 1997 Line-of-credit 0 S 13,000 5 (13.000) S 0 Mortgage note payable to bank, interest payable annually at prime plus 1.0% with annual principal payments of S44,500 due through May 2000. Final principal payment of S19.500 due at maturity. The note is secured by the real property owned by the D;strict. 242.000 0 (89.000) 153.000 Capitalized leases secured by equipment with maturity dates from 1998 to 2001 and interest rates ranging from 5.25% to 9.25% per annum. 292,00~ 0 (85,202) 206,~0__~6 -10- ~ z I IMMOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD IMMOKALEE, FLORIDA 33934 PUBLIC FACILITIES REPORT 1997 FLORIDA STATUE 189.415 (2) (a) Existing Public Facilities 1. Land for Station 30 at 502 East New Market Road--42,240 square feet. ia. Building at 502 East New Market Road, Station 30--10,576 square feet. lb. Our goal is to respond to requests for service within five (5) minutes. 2. Land for Station 31 at 1107 Carson Road--38,025 square feet. 2a. Building at 1 ! 07 Carson Road, Station 3 !--3,588 square feet. 2b. Our goal is to respond to requests for service within five ('5) minutes. 3. Current demands include Fire and Rescue related service covering approximately 212 square miles. Station 30 and Station 31 protect this entire area with mutual aid from other departments next to our boundaries. Station 30 and Station 31 responded to a total of 2,269 calls for service. Response time to our farthest point was approximately 15 minutes. 4. The District operates with two (2) Class 'A' Pumpers, one (I) 80' Ladder Truck, one ( I ) Heavy Rescue, one (I) 4x4 Brush Truck, and one (I) Water Tanker. Total pumping capacity is currently 3000 GPM. FLORIDA STATUE 189.415 (2) (b) Proposing to build within ten (10) years I. We do not, at this time, have plans to build within the next (I 0) years. FLORIDA STATUE 189.415 {2) (c) 1. The District intends to replace two (2) Pumper Trucks of !,250 GPM. size within the next live (5) years. The first to be replaced in 1999; the second in 2001. GENERAL OFEICE 1813) 657-2111 FIRE PREVENTION 1813) 657-2700 FAX 657-c1480 IMMOKALEE FIRE CONTROL DISTRICT 502 E, NEW MARKE'T ROAD IMMOKALEE, FLORIDA 33934 16Gl, DESCRIPTION OF OUTSTANDING BONDS FLORIDA STATUE 189.418 I. The Immokalee Fire Control District does not have any outstanding bonds. IMMOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD IMMOKALEE0 IrLORIDA ,:339.14 REGISTERED OFFICE AND AGENT FLORIDA STATUE 189.416 Board of Commissioners Robert E. Davenport. Chairman Thomas Lancaster, JR, Secretary/Treasurcr Joseph Matthews, Commissioner GENERAL OFFICE (813) 657-2111 FIRE PREVENTION 1813~ 657-2700 FAX 657-q48g i!,_,. Florida Department of Community Affairs, Special Districts Information Program REGISTERED AGENT UPDATE Per s~.:.,ion 169.403.5, Florida Statute.~, the Department of Communily Affairs, Special Districts Program is required to update the. recjis~.:ed agen'Joffice annually. Please complete this form and FAX to 9041922-,5623 or mail to the Special Districts Information Progrv"~h 2555 Shumard Oak Bird, Tallahassee, FL, 32399-2'100. For assistance, please call 904/922-543'1 or SC 292-5431. Deaddne: April 1, 1997. P a~ t. REG ! ST RATIO N (,,STRUCT,ONS AND DEFINITIONS ARE ON THE BACK OF THIS FORM). IMMOKALEE FIRE CONTROL DISTRICT District Name Ray Alvarez Registered Agent Name 502 East New Market Road Registered Office Address Immokalee, FL 33934 9416,572111 Phone Number PLE/,SE PROVIDE Fax Number ~'~,/ - b .~- ? - ~7 Y',? '7 PLEASE PROVIDE Date Established / ?,.~-5"' /Vt~,y' ~ iNDE.~ENDENT Status PLE,'.:3E CIRCLE ONE Authorizing Document Ordiance/Resolution/Statute'"~,.e..~th ~.; Court Oecreellnterlocal Agreemen[ . Non~. ' Statutory Authority Local Governing Authority ELEC FED Board No Bond Authority Ad Val Revenue Source Part. II. FINANCE & ACCOUNTING (?~rsc;' v/ho:; resg, or,s:.~',e ~r ~rcCessin[ thC'. ann,~f S~u10~ ~peoA~ D,Str,' 'S Fee ..... ~. ~z' g~:~' ~, C', ,'.....'.s Part III. CERTIFICATION I, the undersigned cemf7 that the information reported hcreih ~S accurate and complete. / NA~E 51GN'~f ~ - IMMO~,ALEE ERst New Market Road Immokalee, FL 33934 DISTRICT IMMOKALEE FIRE CONTROL DISTRICT $02 E. NEW MARI~T ROAD. 13LMOKALEE, FLORIDA 34142 March 2, 1998 Collier County Courthouse Attn: Catherine Rheim Post Office Box 413044 Naples, Florida 33941 Dear Ms. Rheim Enclosed you will find a copy ofthe 1995-1996 and 1996-1997 fiscal years financial statement and management letter for the Immokalee Fire Control District. enclosed consist of both years audits and management letters. audited The packet Our department received the audited general purpose financial statements for both fiscal years from Wenzel, Berry, & Alvarez, P.A. on January 20. We apologized for the delayed audit for the fiscal year 1995-96; however, the time frame was unavoidable due to the embezzlement of funds from this department. If you have any questions regarding either audited financial statement, do not hesitate to call either myself or Chief Ray Alvarez at (941) 657-2111. Sincerely, Becki Crews Administrative Assistant GENT. RAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 65%2700 FAX (94 I) 657-9489 IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1997,. IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT TABLE OF CONTENTS SEPTEMBER 30, 1997, PAGE INDEPENDENT ACCOUNTANTS' REPORT PART 1. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Ail Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Notes to General Purpose Financial Statements 3 4 5 PART II, OTHER REPORTS Report o'~ the Internal Control Structure Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Management Letter 12 14 15 Januaw 20,1998 INDEPENDENT ACCOUNTANTS' REPORT Board of Commissioners IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT Immokalee, Florida We have audited the accompanying general purpose financial statements of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT, as of and for the year ended September 30, 1997, as listed in the table of contents. These general purpose financial statements are the responsibility of IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT'S management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT, as of September 30. 1997, and the results of its operations for the year ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated January 20, 1998 on our consideration of the District's internal control structure and a report dated January 20, 1998 on its compliance with laws and regulations. WENTZEL. BERRY & ALVAREZ. P.A. Certified Public Accountants -1- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT 1 6 L~ 1 COMBINED BALANCE SHEET-ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1997, ACCOUNT GROUPS TOTAL GENERAL FIXED LONG-TERM (MEMORANDUM FUND ASSETS DEBT ONLYL ASSETS AND OTHER DEBITS Cash and cash equivalents (Note 2) Fixed assets (Note 3) Amount to be provided for retirement of general long-term debt $ 106,619 $ 0 S 0 $ 106,619 0 1,551,027 0 1,551,027 0 0 359,8.0_6_ 359.,_8_0_6_ Total Assets and Other Debits .$ 10_6,6~19 $1.551.02~_7 .$__3.5 ~.~_(~_~. .$2_,.0_ .17_7_~4._.52__. LIABILITIES, FUND EQUITY AND OTHER CREDITS Liabilities: Accounts payable Accrued liabilities (Note 4) Obligation under capital leases (Note 5) Mortgage note payable (Note 5) 6,448 $ 0 S 0 S 6,448 9,123 0 0 9,123 0 0 206,806 206,806 0 0 153,00q 153,00q Total Liabilities 15,57..1, 0 Fund Equity and Other Credits: Investment in general fixed assets 0 1,551,027 Fund Balance - unreserved . 9!.,0.4.8 0 Total Fund Equ'ty 91,048 1,551,027 Total Liabilities. Fund Equity and Other Credits ¢ 10_6.619 S1.551.027 359,80~ 375,37.._Z7 0 1.551,027 0 91,048 0 1,642.075 .,~...~,5_9~8_0_~.$.2_~_017,452 The accompar'.ying notes are an integral part of these general purpose financial statements. -2- IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1997 GENERAL FUND Revenues: Ad valorem and county taxes $ 724,926 Fees 21,810 Interest 9,241 Sale of equipment 5.525 Miscellaneous 55,210 Total Revenues 816 712 Expenditures: Current Pubic safety: Employee costs 415,164 Outside services 28,334 Operating expenditures 48,421 Maintenance 31,636 Materials and supplies 19.032 Capital outlay 11.573 Debt service: Principal retirement 187,202 Interest and fiscal charges 36,880 Total Expenditures Excess of revenues over expenditures Other financing sources (uses): Proceeds from line of credit Excess of revenues and other financing sources over expenditures and other financing uses 778,242 38.470 13,000 51,470 Fund Balance, September 30. 1996 39,578 Fund Balance, September 30, 1997 $ 91~048 The accompanying notes are an integral part of these general purpose financial statements. -3- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE APRIL 21, 1998 16Gl'"n FOR BOARD ACTION: 1. MISCELI,ANEOUS i'I"F, MS TO FII,E FOR RECORD WITtl ACTION AS DIRECTED: 2. Districts A. Key Marco Community Development District - minutes for June 9, 1997. t tcritagc Greens Community Development District, Key Marco Community Development District, I.ely Community Development District & Pelican Marsh Community Development District - memo updating information already submitted. Co lmmokalce Fire Control District- 1995-96 & 1996-97 Audited Financial Statement & Management Letter; Budget for 1998; Schedule of Regular Meetings for 1998; Registered Office and Agent and District Map for 1998. East Naples Fire Control & Rescue District - Annual &. Audited Financial Report for 1996; Management Letter and Rebuttal to Management for 1996; Budget for 1998: Registered Office 8: Agent; District Map for 1998 & Schedule of Regular Meetings for 1998. Collier Mosquito Control - Minutes for June 9, 1997; resolution adopting tax levy of. 1821 mills for fiscal year 1997-98; resolution adopting the Annual Certified Budget ~br 1997-98; Annual Audit Repor~ for year ended 9/30/97 and Annual Financial Report for 3'ear ended 9/30/97. [7. Fiddler's Creek Community Development District - minutes for July 30, 1997, September 24, 1997, October 22, 1997, November 12, 1997, January 28, 1998, resolution adopting the Annual Certified Budget for 1997-98, Annual Audit Report for year ended 9/30/97 and Annual Financial Report for year ended 9/30/97. Heritage Greens Community Development District - minutes for April 3, 4, 1 O, 21, June 9, 18.23, August 18, 19 8: October23, 1997. Other Ao Letter dated March 31, 1998 from Michael A. Welsh, Controller, Collier County Tax Collector's Office, referencing Current Ad Valorem Tax & Non-Ad Valorem Assessment to the BCC after Tax Collector's commissions and distribution recap AGENDA ~TEt~ .o._ , APR 2 1 1998 Pg. 16Gl "l showing year to date totals of taxes collected net of discount for 1993, 1994. 1995.1996 and 1997. Referred to BCC. AGENDA [.TEM No. APR 2 ! 1998 Pg. COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C-1 NAPLES. FLORIDA 34112-499'7 (941 ) 774-8171 C. FC. 16G1' RECEIVED , PR --2 1998'3 ~ F,u,n~ ~, ',,~,~m i S S i0ners March 31, 1998 Honorable Barbara B. Berry, Chairman Board of County Commissioners Collier County Courthouse - Admin,Bldg./3 Naples, Florida 34112 Dear Ms. Berry: For your in formation, this date we have made a distribution of Current Ad Valorem Tax and Non-Ad Valorem Assessment to the Board of County Commissioners, after Tax Collector's commissions, as follows: County Wide Dependent District Solid Waste Grand Total $2,132,881.71 780,548.68 237,223.43 S3,150,653.82 Attached you will find a distribution recap showing year to date totals of taxes collected net of discount for 1993, 1994, 1995, 1996 and 1997. Yours respectfully submitted, Michael A. Welsh, Controller Collier County Tax Collector's Office MAW/pld encl. CC: Hon. Timothy J. Constantine Hon. Timothy Hancock Hon. John Norris Hon. Pamela Mac'Kie Mr. Robert F. Fernandez, County Administrator Hon. Guy L. Carlton, Tax Collector Mr. Claude A. Haynes, Deputy Tax Collcctor Mrs. Marilyn Lewis, Property Tax Dept. Director Misc. CoTs: Item~ t30;, c~ 10: 0 0 × > Z t.- Z UJ >~ © > MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item #~ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 18, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Key Marco Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Key Marco Community Development District has submitted the following: Minutes of meeting held June a 1997 Thank You. :~pecial~,pe~ial Gar9 L. Moger, P.P,. band Development e~ ~lana,qemen! Consultant 10300 Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753.0380 February 26, 1998 Memorandum To: Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FL 34112 Timothy J. Gillett Clerk of the Circuit Court Finance Dept. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 James Reinders Key Marco Developments 277 N. Collier Blvd. Marco Island, FL 33937 Marty Redovan Schultz, Chaipel & Company 4575 Via Royale Suite 110 Ft. Myers, FL 33919 From: Gary L. Moyer, Manager Reference Minutes of meeting held June 9, Enclosed for your records is a copy of the minutes of the meeting of the Board of Supervisors of the Key Marco Community Development District held as referenced above. GLM/nk : Enc. t MINUTES OF ~G KEY MARCO COMI~CNYI~' DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Monday, June 9, 1997 at 11:00 A.M. in the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Des L. Farrell Raymond Harris Mark Tay]or Chairman Vice Chairman Supervisor Supervisor Also present were: James P. Ward Bruce Anderson District Staff Young, Van Assenderp, et al FIRST ORDER OF B~ Ron Call Mr. Reinders called the meeting to order at 9:00 A.M. and stated that all Supervisors are present with the exception of Mr. Owens and Mr. Stakich. Mr. Ward stated since you have not had a meeting since your landowners election in November, I want to go onto item 3 first and them come back to item 2. TI-IIRD ORDER OF BUSINESS Consideration of Resolution 97-1 Canvasdng and Certifying the Results of th~ Tzandowners Election Mr. Ward stated Resolution 97-1 indicates in Section 1 that the following persons are found certified and declared to have been duly elected as Supervisors of and for the District having been elected by the votes cast in their favor as shown to wit; James Reinders 81 votes, Raymond Harris 81 votes, Robert Stakich 80 votes. In section two Mr. Reinders and Mr. Harris will serve the four year terms and Mr. Stakich will serve the two year term. That Resolution is in order and recommended for your consideration and a motion to that affect would be in order. IOn MOTION by Mr. Reinders seconded by Mr. Harris/ with all in favor Resolution 97-1 canvassing and certifying the results of the landowners election was adopted. June 9, 1997 SECOND ORDER OF BUSINESS Accept_~nce of tlesignafion Submitted by Robert St~lrlch ~nd Consideration of Appoin~ent of Supervisor to Fill the Unexpired Term of Office Mr. Ward stated the way the Statute currently works I would request that you do two things; one is move to accept the resignation, which Mr. Stakich has submitted to our office and will be made a part of the record accepting his resignation and then secondly, the Statute indicates that the balance of the Board can fill that position vacated by Mr. Stakich for the balance of his unexpired term, which runs through November 1998. First a motion to accept Mr. Stakich's resignation would be in order. 0n MoTiON by Mr. Farrel! seconded by Mr. Reihders with all in favor Mr. Stakich s resignation .was accepted. Mr. Reinders asked does anyone know of anyone who has expressed an interest on serving out the unexpired term? Mr. Taylor responded I have an interest. ]O~"MOTION bY'"'Mr. Reinders seconded by Mr. Farrell with all in favor Mark Taylor was appointed to fill the unexpired term of Mr. Stmklch: .. . Mr. Ward being a notary of the State of Florida administered the oath or office to Mr. Taylor, which will be made a part of the official District records. Mr. Ward stated you are required to file the financial disclosure form within 30 days of this meeting with the Supervisor of Elections in the County in which you reside and we will send you that form today. You need to be aware of the Sunshine laws of the State and that indicates that as a public official of the State you may not discuss a matter which will appear before this Board for its consideration with another member of this Board outside of a open noticed public meeting, nor may you utilize a member of staff to communicate with another Board member relative to a matter which will be appearing before this Board for consideration. If you have any questions with respect to it, call myself or Mr. Anderson. 2 June 9, 1997 FOCI ORDER OF B~ Presen~fion of the Proposed Budget for Fiscal Year 1998 and Consideration of Resolution Approving the Budget for the ~ of Setting the Public Hearing for August Mr. Ward stated the way the Statute works and for the Board's information I am required to transmit a budget to you prior to June 15 of each year at which time you have the ability to consider that budget and approve it solely for the purpose of setting a public hearing. The budget that I prepared for you today does not bind you to any of the programs contained therein or the amounts or assessment rates contemplated by virtue of the programs that are contained in the budget. It mearly allows you to go forward through the process for the purpose of consideration of your public hearing at which time you will be requested to adopt the budget and to set the assessment rates for this District for Fiscal Year 1998. The budget contemplates two funds, a General Fund, which is an administrative fund of this District and does not have any programs contained in it primarily because the master HOA in Key Marco actually does all of the maintenance activities for this District. Secondly, your Debt Service Fund Budget accounts for the proposed assessment required in Key Marco relative to your outstanding Series 1992 Special Assessment Bonds. The budget is not substantially different than what was utilized in the prior years. As you know the assessments within Key Marco that are on the tax roll were due April 30, 1997. There are about 44 loks in Key Marco that have not paid their assessments and as a result of that the District was required to fund some of the assessment obligation for debt service from the reserve account that we have established and the approximate amount is $14,000. My purpose in bringing this to your attention is I know that we have an unappropriated carry forward in the general fund which is used to lower the assessments for Fiscal Year 1998 by virtue of the non payment of these assessments. If that continues, you will not have the funds available to operate this District in 1998. I suggest that you consider keeping that cash balance available for use by the District and increasing the assessment up to the full amount required in case those assessments are not paid again next year. If the tax certificates are not sold the payment that comes due in December, 1997, the District will default on the bond issue and be required to liquidate its reserve balance with respect to the payment of that amount of money. I will try to find out between now and your next meeting whether the tax certificates for those 44 lots 3 June 9, 1997 were sold and be able to advise you accordingly. With that I recommend that one change to you on your general fund. Mr. Farrell asked who owns the 44 lots that were not sold? Mr. Ward responded according to tax rolls they were in the name of the developer. Mr. FarTell asked is there any liability on our part if any of these are not satisfied and if they go into default what happens? Mr. Ward responded the way the bond documents are structured, the bondholders will look to the landowner of the particular lot that didn't pay their assessments. There is a long process the bondholder will go through with respect to collecting his assessments. First is the sale of the tax certificates. If they are sold and we get the money and we keep moving on then that will go on from year to year to the extent that those tax certificates continue to sell. In the event that they are not sold, I am not sure what happens at that point. We are ahead of schedule for me to know that. Mr. Reinders stated the bondholder reaches into the debt reserve fund and that is either replenished or not through the tax certificates. Mr. Farrell's question is what is incumbent upon us as Supervisors, if anything, at this point. Is the bondholder aware of the situation? Mr. Ward responded yes. Mr. Reinders asked has formal communication been issued? Mr. Ward responded yes, they have been notified by both the Trustee and by my office that we have liquidated about $14,000 worth of the reserve account to make the May I payment. The tax certificates go to sale usually the first to second week of June so I suspect we will know by the end of the month whether those certificates have been sold. We are trying to follow up with the collector's office to determine that. We should know shortly. Mr. Reinders stated obviously non payment by 44 lots is a lot more than $14,000 but because we collect annually and remit semi-annually we only had half of our debt service payment due currently and the contributing lots were sufficient to cover the differential, which if the tax certificates are not sold in the interim will manifest itself in its entirety in November. Mr. Ward stated if one more lot would have paid we wouldn't have liquidated the reserve this year. Mr. Reinders stated it is prudent to approve a budget that would contemplate levying the full amount per the recommendation of our manager so 4 June 9, 1997 as to maintain some cash reserve, notwithstanding that I have still been working with Ruden, McClusky on behalf of the District to obtain significant refunds from the County related to the old developer's agreement on the theory that there were in affect, duplicative payments to the County and to the utility. We still think we will prevail and the consequence of that is probably something on the order of $100,000, which would flow into the general fund in due course. Mr. Farrell asked what is the _amount that would be required in November if no lots were sold? Mr. Reinders responded I guess the number is on the order of about $450,000. It is roughly $11,000 times the 44 lots less the $15,000. Mr. Farrell asked do we have any idea of what lots have been sold? Mr. Reinders responded it is not a question of which lots were sold. The question is whether the tax certificates were sold. We know which lots did not pay and we know they are owned by Key Marco Development. What we don't know is if someone is going to buy the tax certificates. Mr. Ward stated there has never been a tax certificate in Collier County that has not sold. Mr. Reinders stated no one has ever seen an assessment lien of this magnitude against a lot. That is what takes priority over the certificate. [On MOTION by Mr. Harris seconded by' Mr."Farrell with[i [all in favor Resolution 97-2 approving the proposed][ [budget and settin~ the,. public hearin.~ was adopted. ][ Mr. Reinders stated we need to set a date for the public hearing. Mr. Ward stated I suggest August 19 at 10:00 a.m. [On MOTION by Mr. Reinders seconded by Mr. Farrell[[ [with all in favor the public hearing on the adoption of the[[ ]budget was scheduled for August 19, 1997 at 10:00 A.M.[[ ]to be held at Key Marco Development. FIFTH ORDER OF BUSINESS Staff ReIx)ris A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager 5 There not being any, the next item followed. ~ OP. DER OF BUSINESS Supervlsor's Requests end Audience Comments There not being any, the next item followed. SEVEI~ OHDER OF B~ Approval of Invoices end Requisit/ons There not, being any, [iOn MOTION by Mr. Farrell seconded by Mr. Taylor with[ I all in favor the meeting adiourned at 11:30 A.M. Assistant Secretary 6 Monday June 9, 1997 11:00 A~I. AGENDA ~MARCO COMMUNITY DEVELOPMENT D~CT Key Marco Developments 277 N. Collier Boulevard Marco Island, Florida Roll Call Acceptance of Resignation Submitted by Robert Stakich and Consideration of Appointment of Supervisor to Fill the Unexpired Te~a of Office Consideration of Resolution 97-1 Canvassing and Certifying the Results of the Landowners Election Presentation of the Proposed Budget for Fiscal Year 1998 and Consideration of Resolution Approving the Budget for the Purpose of Set~ng the Public Hearing for August Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices and Requisitions Adjournment #epLe~, ~L ~3940 Affidavit of PubttGetl~n 16Glo! KEY ~,~A~CO COI,#quNzTY I)O~A HOLZO&Y R£~EREgCE: 026506 SClte of FLorid& NOTICE OF flEETING County of CoLLter 8afore the un~erstgr~ authority, persenaLLy tn ~LLier ~ty, FLortd4: t~t the ~ of ~erttJ~ ~s ~bL~l~ tn Afft~t furt~r ~ya t~t t~ ~ld ~Lfl CoLLie~ C~ty, F~or~M, ~ t~t the sltd ~ ~l heret~ore ~ ~tl~Ly ~LI~ tn ~id CoLLier C~ty, Ftorld, each Mtter et t~ ~t offic= ~n NapLeJ, tn ~td CoLLiee C~ty, FL~J~, for I ~rJ~of 1 yNr ~xc ~ec~i~ t~ first ~tt~tt~ of ettach~ c~ of ~ert~s~ent; ~ eff~t tufter ~y~ t~t ~ ~l ~ther ~d dt~t~ r~te, ~t~i~ or ref~ foe the ~r~se of ~ecurt~ ~hts ~vertts~t for p~Ltcatto~ in t~ laid neVSl~oer. PUGI. ISHED 014: 06/0~ AO SPACE: /..417 II~Cl.I ~ILEO off: 06/02/97 ~e~ngs Is made, Including the Gery L. myer NO, 1Q12~43 Oath of Office I, Mark Taylor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Key Marco Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Key Marco Community Development District, Collier County, Florida. Mark Taylor ~ V Date ROBERT D. STAKICH P. O. BOX 1907 MARCO ISLAND, FL 34i46 April 8, 1997 Gary L. Moyer, Manager Key Marco Community Development District Re: Resignation Board of Supervisors Dear. Mr. Moyer: Please accept this letter as my resignation from the Board of Supervisors of Key Marco Community Development District effective this date. It was a pleasure serving for you these past years. Sincerely, Robert D. Stakich RDS:pb ~LLrrlON 97-1 THE l~t~'~'~m ~r !__~_,.~_.~.~,, ~ ~ TO SECTION SUPERVISORS HELD ~-'u~.o,~,.~,* ~0.006(2), FLOEIDA STA~ WHEREAS, pursuant to Sect/on 190.006(2), Florida Statute, a londowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three Supervisors to a Board of five Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 5, 1996 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor, and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certff'y the results of said election; ARD OF ~U~.~ttvtmvt-~ DIS'rI~CT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: JAmes Reinders Raymond Harris 81 Votes 81 Votes 80 Votes 2. In accordance with said statute, and by virtue of the n,~mber of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: James Reinders Raymond Harris Robert St_~k~ch four (4) year term four (4) year term two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 9TH DAY OF 3UNE, 1997. ~~s Reinders ~/ ' Chairman ~~oyer ~ Secretar~ ~LUTION 97-2 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1997-98 AND SETTING A PUBLIC HEARING THEREON ~ANT TO FI.~P~mA I,AW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for the forthcoming 1997-98 Fiscal Year; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT ~LVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOP~ DISTRICT; 1. The operating budget proposed by the District Manager for Fiscal Year 1997-98 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: August 19, 1997 Hour: 10:00 A.M. Place: Key Marco Developments 277 N. Collier Boulevard Marco Island, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 9th day of June, 1997. Secretary ' J~mes Reinders Chairman MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item # TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Managerl~j~¢ Clerk of the Circuit Court/Finance Department I ' DATE: March 20, 1998 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritage Greens Community Development District Key Marco Community Development District Lely Community Development District Pelican Marsh Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the above Distdct have submitted the following: (a) Memos describing what has already been sent Thank You. :~special~special To: , ii I IIIII II I II I II IIIII IIIIIIIIIIIII I II I I II I I Gar9 L. Mover, P.A. t.~nd Development f, Maru~gemenl ('Oll.qllh'lni 16Gl I O)(X} Northwest Eleventh Manor Coral Springs. Florida 315071 t ~05) 75 54) 580 November 18, 1997 Transmitted ','ia Federal Express County of Collier Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza Ill Naples, Florida 34112 Attention: Mr. Derek M. Johnssen, General Accounting Manager Subject: Heritage Greens Community Development District Key Marco Community Development District Lely Community Development District Pelican Marsh Community Development District Dear Mr. Johnsscn: I apologize for tile delay in getting the attached information to your organization, but my secretary was working via telephone witil Mr. Tim Gillette from your organization and things became back-logged. Since then, it was made known to us that he is not longer working in thc finance department. However, in response to your requests for information regarding the above referenced Districts, enclosed please find the information requested for those Districts. After reviewing this information, please feel free to contact me if there arc any problems or questions you may have. Thank you for your assistance in this matter. In the meantime, I remain, Yours sincerely, I VJames P. Ward Assistant District Manager .I P W/k s Enclosures FiN/ N ,E From thc desk of... James P. Ward Assistant District Mvnager District Offices c/o Gary L. Moyer. P.A. Direct Dial No. ~954) 753-5841. c<t. 615 Direct Fax No. (954} 345-1292 INDEPENDENT AND CERTAIN DEPENDENT SPECIAL DISTRi(TF REQUIRED REPORTING TO LOCAL GOVERNMENT for the Ileritat~e Greens Community Development District aka Dove Pointe Community Development District Audit (si89.418) You have been previously provided with a copy of the Audited Financial Statements for th,.' above referenced District. Management Letter with Rebuttal (s189.418) You have previously been provided with a copy of the Management Letter from the Auditor, along with a copy of the Letter of Rebuttal provided by the District to the Office of the Auditor General. District Map (s189.418) Please note that a Map of the District was previously transmitted to you (aka Dove Pointc C.I).l).} and there arc no changes in that map. so please mark your records accordingly, Registered Office and Agent (s189.416) 'l'hcrc has bccn no change in thc Registered office and Agent who is Mr. R. Bruce Anderson of Young. van Asscndcrp & Vamadoc. P.A,. 801 Laurel Oak Drive. Suite 300. P.O. Box 7907, Naples. Florida 33941-7907. Schedule of Regular Meetings (s189.417) As for a regular Schedule of Meetings, the District does not meet on a regular basis. Public Facilities Report (s189.417) In accordance with thc correspondence received from the Department of Community Affairs dated June !, 1992 regarding Public Facilities Reports, "This information was required in the initial report which was due March 1, 1991 and is to be updated every five (5) years at least 12 months prior to Iht submission date of the evaluation and appraisal report (EAR) of the appropriate local govcmmcn! required by Section 163.3191, Florida Statutes". As I am sure you can appreciate, the Public Facilities Reporting Requircmcnt undcr thc Statute ~s not clear and thc District has been using those guidelines provided within that letter to complete thc l'ubhc Facilities Reporting Requirements of the Statute. The District provided this information back on January 1, 1993. As such. this information will not nccd to be updated again for another five (5) years, or until 1998. Description of Outstanding Bonds (s!89.418) A full description is included in the District's Annual Audited Financial Statements, which you have previously received a copy of. James P. Ward, Assistant District Manager Date INDEPENDENT AND CERTAIN DEPENDENT SPECIAl, I)ISTRICT REQUIRED REPORTING TO LOCAL GOVERNMENT 16G1 ! for the Key Marco Community Development District Audit (s!89.418) You have been previously provided with a copy of the Audited Financial Statements for thc ~cporting period ending 9/30/96 for the above referenced District. Management Letter with Rebuttal (s189.418) You have previously been provided with a copy of the Management Letter from thc Auditor, along with a copy of the l.etter of Rebuttal provided by the District to the Office of the Auditor General. District Map (s!89.418) Please note that a Map of the District was previously transmitted to you and there arc no changes in thc map, so please mark your records accordingly. Registered Office and Agent (s189.416) There has been no change in the Registered Office and Agent who is Mr. R. Bruce Anderson of Young, van Asscndcrp & Vamadoe, P.A., 801 Laurel Oak Drive, Suite 300, P.O. Box 7907, Naples. Florida 33941-7907. Schedule of Regular Meetings (s189.417) As for a regular Schedule of Meetings, the District does not meet on a regular basis. Public Facilities Report (s189.417) In accordance with the correspondence received from the Department of Community Affairs dated June 1, 1992 regarding Public Facilities Reports, "This information was required in the initial report which was due March I, 1991 and is to be updated every five (5) years at least 12 months prior to the submission date of the evaluation and appraisal report (EAR) of the appropriate local government required by Section 163.3191, Florida Statutes". As I am sure you can appreciate, the Public Facilities Reporting Requirement under the Statute is not clear and the District has been using those guidelines provided within that letter to complete the Public Facilities Reporting Requirements of the Statute. The District provided this information back on January I, 1993. As such, this information will not need to be updated again tbr another five (5) years, or until 1998. Description of Outstanding Bonds (s189.418) A full description is included in the District's Annual Audited Financial Statements, which you have previously received a copy of. James P. Ward, Assistant District Manager Date INDEPENDENT AND CERTAIN DEPENDENT SPECIAL DISTRICT REQUIRED REPORTING TO LOCAL GOVERNMENT for the Lely Community Development District 16G1 Audit (s189.418) You have previously provided with a copy of thc Audited Financial Statements for thc reporting period ending 9/30/96 for thc above referenced District. Management Letter with Rebuttal (s189.418) You have previously been provided with a copy of the Management Letter from thc Auditor, along with a copy of the Letter of Rebuttal provided by the District to the Office of thc Auditor General. District Map (s189.418) Please note that a Map of the District was previously transmitted to you and there are no changes in thc map, so please mark your records accordingly. Registered Office and Agent (s189.416) There has been no change in the Registered Office and Agent, which remains as follows: Mr. Michael Volpe, Treiser, Kobza & Volpe, 4001 Tamiami Trail North, Suite 330, Naples, Florida 33940. Schedule of Regular Meetings (s189.417) As for a regular Schedule of Meetings, the District meets every third Wednesday of each month at 1:30 p.m. on a regular basis. Public Facilities Report (s189.417) In accordance with the correspondence received from the Department of Community Affairs dated June 1, 1992 regarding Public Facilities Reports, "This information was required in the initial report which was due March 1, 1991 and is to be updated every five (5) years at least 12 months prior to the submission date of the evaluation and appraisal report (EAR) of the appropriate local govemment required by Section 163.3191, Florida Statutes". As I am sure you can appreciate, the Public Facilities Reporting Requirement under the Statute is not clear and the District has been using those guidelines provided within that letter to complete the Public Facilities Reporting Requirements of the Statute. The District provided this information back on January 1, 1993. As such, this information will not need to be updated again lbr another five (5) years, or until 1998. Description of Outstanding Bonds (s189.418) A full description is included in the District's Annual Audited Financial Statements, which you have previously received a copy of. James P./Ward, Assistant District Manager Date' INDEPENDENT AND CERTAIN DEPENDENT SPECIAL DISTRICT REQUIRED REPORTING TO LOCAl, GOVERNMENT for the Pelican Marsh Community Development District Audit (s189.418) You have been previously provided with a copy of the Audited Financial Statements for the above referenced District. Management Letter with Rebuttal (s189.418) Your have previously been provided with a copy of the Management Letter from the Auditor, along with a copy of the Letter of Rebuttal provided by the District to the Office of the Auditor General. District Map (s189.418) Please note that a Map of the District was previously transmitted to you and them are no changes in that map, so please mark your records accordingly. Registered Office and Agent (s189.416) There has been no change in the Registered Office and Agent who is Mr. Anthony P. Pircs. Jr.. of Woodward, Pires and Lombardo, P.A., located at 801 Laurel Oak Drive, Suite 710, Naples. Florida 34108. Schedule of Regular Meetings (s189.417) As for a regular Schedule of Meetings, the District meets every third Thursday of each month at 9:00 a.m. on a regular basis. Public Facilities Report (s189.417) In accordance with the correspondence received from the Department of Community Affairs dated June 1, 1992 regarding Public Facilities Reports, "This information was required in the initial report which was due March 1, 1991 and is to be updated every five (5) years at least 12 months prior to the submission date of the evaluation and appraisal report (EAR) of the appropriate local government required by Section 163.3191, Florida Statutes". As I am sure you can appreciate, the Public Facilities Reporting Requirement under the Statute is not clear and the District has been using those guidelines provided within that letter to complete thc Public Facilities Reporting Requirements of the Statute. The District provided this information back on January 1, 1993. As such, this information will not nccd to be updated again for another five (5) years, or until 1998. Description of Outstanding Bonds (s189.418) A full description is included in the District's Annual Audited Financial Statements, which you have previously received a copy of. Jam.es.~. 'Ward, Assistant District Manager gJOt,'e~bdt~ lb' t qq'7 Date BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1997 - SEPTEMBER 30, 1998 PERSONNEL f996*.97 1997-98 12.00 21.00 22.00 23.00 24.00 25.00 SALARIES SOCIAL SECURITY RETIREMENT GROUP INSURANCE WORKERS COMP UNEMPLOYMENT CONTRACTED SERVICES $296,629.00 $310,000.00 $23,000.00 $25,000.00 $50,450.00 $50,000.00 $40,000.00 $40,000.00 $18,000.00 $20,000.00 $2,000.00 $2,000.00 $430,079.00 $447,000.00 31.00 31.10 31.20 31.30 31.40 31.70 32.00 BANK SERVICE CHARGE LEGAL FEES PROPERTY APPRAISER TAX COLLECTOR ELECTION MEDICAL DIRECTOR AUDIT $300.00 $300.00 $2,000.00 $5,000.00 $8,500.00 $8,500.00 $14,897.96 $16,397.96 $0.00 $0.00 $1,400.00 $0.00 $9,000.00 $10,000.00 $36,097.96 $40,197.96 OPERA TING 40. O0 41.00 41.01 43.00 45.00 EDUCATION/TRAVEL COMMUNICATION (TELEPHONE) POSTAGE UTILITIES LIABILITY INSURANCE $5,000.00 $4,000.00 $4,500.00 $4,000.00 $450.00 $350.00 $14,000.00 $13,000.00 $29,000.00 $25,000.00 $52,950.00 $46,350.00 MAINTENANCE 46.00 46.02 46.03 46.04 46.05 46.06 46.07 46.08 VEHICLE MAINTENANCE EQUIPMENT FF & RESCUE OFFICE EQUIPMENT COMMUNICATION (RADIOS) HYDRANT MAINTENANCE BUILDING MAINTENANCE BUNKER GEAR MAINTENANCE CASCADE SYSTEM $18,000.00 $23,000.00 $2,500.00 $2,000.00 $500.00 $2,500.00 $3,000.00 $2,000.00 $0.00 $0.00 $3,000.00 $4,500.00 $600.00 $400.00 $600.00 $800.00 $28,200.00 $35,200.00 49.00 LEGAL ADVERTISING $600.00 $600.00 SUPPLIES 51.00 52.01 52.02 52.03 52.04 52.06 52.10 52.11 52.12 52.14 54.00 OFFICE F.F. RESCUE STATION (JANITORIAL) TRAINING FUEL & OIL UNIFORMS INTER-DEPARTMENTAL COMPUTER SOFTWARE & TRAINING MISCELLANEOUS EXPENSE FIRE PREVENTION BOOKS & DUES $2,800.00 $4,000.00 $2,000.00 $500.00 $7,000.00 $4,000.00 $2,000.00 $3,500.00 $500.00 $500.00 $1,500.00 $1,500.00 $3,000.00 $2,000.00 $500.00 $6,000.00 $2,5OO.OO $1,000.00 $2,000.00 $500.00 $150.00 $2,000.00 $28,300.00 $21,150.00 CAPITAL OUTLAY 64.01 64.02 64.03 64.05 64.06 64.07 64.08 64.09 F.F. RESCUE EQUIPMENT FIRE PREVENTION EQUIPMENT BUNKER GEAR COMMUNICATION EQUIPMENT FURNITUREJOFFICE STATION EQUIPMENT COMPUTER EQUIPMENT PUBLIC EDUCATION $7,000.00 $400.00 $2,000.00 $4,000.00 $2,000.00 $0.00 $0.00 $300.00 $15,700.00 $4,000.00 $150.00 $2,500.00 $4,000.00 $2,000.00 $0.00 $1 ,SO0.O0 $200.00 $14,350.00 PRINCIPAL PAYMENTS 71.01 71.02 71.03 71.04 STATION 30 ENGINE 412 - ENGINE 31 ENGINE 413 - LADDER 30 RESCUE 422 - SQUAD 30 $110,500.00 $12,749.40 $54,616.00 $33,855.25 $21,275.01 $12,749.40 $54,616.00 $33,855.25 $211,720.65 $122,495.66 99.00 CONTINGENCY $17,996.00 $9,652.31 Total $821,643.81 $736,995.93 REVENUES 1997-98 1996-97 1997-98 AD VALOREM TAXES LESS 5% 95% OF AD VALOREM SEMINOLE CONTRACT PILT FARM WORKERS VILLAGE INSPECTION FEES SALE OF EQUIPMENT INTEREST INCOME CASH BROUGHT FORWARD OFFICE RENT DONATIONS $744,140.65 ($37,207.04) $706,933.61 $11,000.00 $5,710.00 $6,000.00 $5,000.00 $10,000.00 $75,000.00 $0.00 $0.00 $739,774.66 ($36,988.73) $702,785.93 $15,000.00 $5,710.00 $500.00 $0.00 $6,000.00 $0.00 $6,000.00 $1,000.00 TOTAL REVENUE $819,643.61 $736,995.93 IMMOKALEE FIRE CONTROL DISTRICT 502 E. NEW MARKET ROAD IMMOKALEE, FLORIDA 33934 IMMOKALEE FIRE CONTROL BOARD SCHEDULE OF MEETINGS OCTOBER 1997- SEPTEMBER 1998 Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, Thursday, October 16, 1997 @ 7:30 PM November 20, 1997 ~ 7:30 PM December 18, 1997 (~ 7:30 PM January 15, 1998 @ 7:30 PM February 19, 1998 @ 7:30 PM March 19, 1998 @ 7:30 PM April 16, 1998 @ 7:30 PM Ma2¢ 31, 1998 @ 7:30 PM June 18, 1998 ~, 7:30 PM July 16, 1998 @ 7:30 PM August 20, 1998 @ 7:30 PM September 17, 1998 @ 7:30 PM The meetings will be held at the Immokalee Fire Department, Station 30, 502 East New Market Road in Immokalee, unless otherwise posted. [ GENERAL OFFICE (813} 6.~7-211! }'IRE PREV£1~"TION {1113} 6~?-2700 FAX 6S?-q.$8~1 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNI'Y COURI'HOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES. FLORIDA 34101-3044 March 25, 1998 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD O,r GOUNTY GOMMI$$1ONER$ Department of Banking and Finance Bureau of Accounting Room 414, Fletcher Building 101 East Gaines Street Tallahassee, Florida 32399-0350 Dear Sir or Madam: Enclosed you will find the State of Florida Annual Local Government Financial Report for the fiscal year ended September 30, 1997 which was prepared in accordance with Section 218.32 of the Florida Statutes. This report contains thc financial information of the Board of County Commissioners and the live elected Constitutional Officers which consist of the Property Appraiser, Tax Collector, Sheriff, Clerk of the Circuit Court and Supervisor of Elections. Blended and discretely presented component units have also been presented. Blended component units consist of the Collier County Water and Sewer District, Marco Water and Sewer District, Goodland Water District and the Collier County Airport Authority. Discretely presented components units consist of the Collier County ltealth Facilities Authority, Collier County ltousing Finance Authority and the Collier County Industrial Development Authority. No forms are included for the Collier County Health Facilities Authority because they did not generate any revenues or incur any expenditures. The revenues and expenditures sheets for the other discretely presented component units are clearly marked as component units on the Reporting Fund Group line. If you need additional information, we can be reached at (941) 774-8516. Respectfully, Dwigh't, JE. Brock '"" Clerk of the Circuit Court Enclosures C: Board of County Commissioners James L. Mitchell, CIA, CFE, CBA, Director of Finance · .DEPENDENT DISTRICT REPORTING - Part I 1 (3 H The special districts liited below are identified by the Department of Community Affairs as dependent on your county. Please indicate whether these districts have been included as component units in your report and the presentation according to the Governmental Accounting Standards Board, Statement 14, The Reporting Entity. "Independently Reported" should include only dependent districts that are not component units of your reporting entity. "No Report Submitted" should include any dependent districts that are component units and should have been included with your reporting entity but did not, or did not within a reasonable time, provide financial information necessary to comply with Section 218.32 (I), F.S. 11/07/97 IDCO: II Blended in lndepende.ntly Discretely' Zero No Report ~ ' Primary Reported Presented Revenues & Submi.ed Report Expenditures * 190Collier Co~ Health Faci~ 192~ Industrial Dcvclo. Dmcnt Auth 193 ~ Watcr-Scwcr District 897Coi1icr Count Housin Finance Authority 940Marco Water and Sewer District 1068Collier Coun A.i rt Authorit Goodland Water District Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial positions or results of operations are reported in the accompanying financial statements. Page: 2 ~.~.~.md.~d~.~-~ .LlPSPI~NIJE, INI' DI~'I'RI~2'I' REP(JR' iIINIS - Part 2 U~ this pa~ to repo~ the total revenues and expenditures of each I~al ~ove~mental entity that i~ a componenl unit included in thc annual financial rcpo~ of the reposing entity, either blended or discretely pre~nlcd. /I/07/97 IDCO: 11 * 190 Collier Count~ Health Facilities Authority 192 Collier Count), Industrial Development Auth 193 Collier County Water-Sewer District 897 Collier Count Housin Finance Authorit 940 Marco Water and Scxver District 1068 Collicr~rt Authority. Good]and Water District Total Revenues 23~917 42 379 568 8,400 632 468 236,663 Total Expenditures N/^ 24,975 33,292,423 970 623,808 1,507,306 320,178 * Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures, lherefore, no financial positions or results of operations are reported in the accompanying financial statements. Page: 2 dmtd~.qp,.d o'.cleO.'6' f .d otd(,jJ DEPENDENT DISTRICT- AUDIT COMPLIANCE The special district(s) listed below are identified by the Department of Community Affairs as dependent on your county. With reference to Section ?-18.34 (2), Florida Statutes, please indicate whether the proposed budget of the dependent district bas been contained and identified within your general budget or budgeted separately. 11/07/97 IDCO: 11 Dependent Districts of Collier County Manner in Which Budgeted Contained and identified within general budget of governing authority Budgeted Separately 190 Collier County Health Facilities Authority 192 Collier County Industrial Development Auth 193 Collier County Water-Sewer District 897 Collier County Housing Finance Authority 940 Marco Water and Sewer District X 1068 Collier County Airport Authority X Goodland Water District X N/A , × I hereby certify that thom dependent districts which are budgeted separately, have complied with the legally mandated audit requirements pursuant to Section 11.45 (3) (a) 4. Florida Statutes for the fiscal year ended 9/30/97 · ~ ~'~~ 3/16/98 S~gnatUre~ - J Date [lirmrtnr nq Dinah,',', nnd Title Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial positions or results of operations are reported in the accompanying financial statements. FUND GROUP REVENUES AND EXPENI)iTURES/EXPENSES 1996-97 REPORTING ENITrY: COLLIER COUNTY, FLOR. IDA ID NUMBER: REPORTING FUND GROUP: GENERAL FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Description 311000 329000 331200 331620 331900 333000 334100 334700 335120 335130 335150 335160 335180 335490 337300 341100 341200 341550 341700 341750 341800 341900 342300 346400 346900 AD VALOREM TAXES OTIIER LICENSES, FEES AND PERMITS FED GRANTS-PUBLIC SAFETY FED GRANTS-ItUMAN SVCS-PUBLIC ASSISTANCE FED GILANTS-OTtiER FED PAYMENTS IN LIEU OF 'FAXES ST GRANTS-GENERAL GOVERNMENT ST GRANTS-CULTURE/RECREATION ST SHARED REV-GEN GOV'T-SHARING PROCEEDS ST SilARED REV-GEN GOV'T-INS AGT CO i. ICENSES ST SttARED REV-GEN GOV'T-ALCOItOLIC BEV LICS ST SttARED REV-GEN GOV'T-RACING 'FAX ST SHAR. EDP. EV-GEN GOV'T-LOC GOV'T I/2 CT TAX S'F SHARED REV-TIL~NSPORTA'FION-OTI lEI/, LOCAl. GRANTS-PHYSICAL ENVIRONMENT SERVICES-GEN GOV'T-RECORDING FEES SERVICES-GEN GOV'T-INTRNL SVCS FEES & CItRGS SERVICES-GEN GOV'T-SUPERVISOR OF ELECTIONS ' SERVICES-GEN GOV'T-COUNTY COURT FEES SERVICES-GEN GOV'T-CIRCUIT COURT FEES SERVICES-GEN GOV'T-COUNTY OFF COMM & FEES SERVICES-GEN GOV'T-OTItER CIIARGES & FEES SERVICES-PUBLIC SAFETY-HOUSING FOR PRISONERS SERVICES-ItUMAN SVCS-ANIMAL CNT & SltLTR FEES SERVICES-ttUMAN SVCS-OTHER CttARGES & FEES CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) !1 Whole Dollars Only Amount 65,282,321 96,918 48 708 23,075 52.662 316200 5 149 297 989 5,413,485 47,167 99,322 114,500 14,957,187 278,990 39,391 1,725,401 145,831 8,593 793,741 921,258 2,122 284,030 5,979 47,806 102 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIEP, COUNTY, FLORIDA ID NUMBER: REPORTING FUND GROUP: GENERAL FUND REVENUES AND OTHER CREDITS 011.000 THROUGH 390.000) Account No. Description 347100 347200 347400 3479O0 349000 351000 352000 359000 361000 364000 365000 366000 369000 381000 386400 386600 386700 SERVICES-CULTURE/REC-LIBRARIES SERVICES-CULTURE/REC-PARKS & RECREATION S ERVICES-CULTURE/REC-SPECIAL EVENTS SERVICES-CULTURE/REC-OTHER CHARGES & FEES SERVICES-OTHER CHARGES FINES-JUDGEMENTS AND FINES FINES-LIBRARY FINES-OTHER FINES AND/OR FORFEITURES INTEREST EARNINGS DISPOSITION OF FIXED ASSETS SALES OF SURPLUS MATERIALS AND SCRAP CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELI,ANEOUS REVENUES INTERFUND TRANSFERS IN TRANSFERS-SHERIFF TRANSFERS-FROPERTY APPRAISER TRANSFERS-TAX COLLECTOR II Whole Dollars Only Amount 35,339 488,479 8,917 1,222,167 4,257,3!5 2,426,056 133,019 762,602 2,042,023 93,822 290 85,578 3,569,817 1,286,955 6,683,900 207,553 621,089 114,932,848 TOTAL REVENUES AND OTltER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) 2 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLORIDA ID NUMBEI>,: REPORTING FUND GROUP: GENERAL FUND EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description GEN GOV'T-LEGISLATIVE GEN GOVq'-LEGISLATIVE GEN GOV'T-LEGISLATIVE GEN GOV'T-EXECUTIVE GEN GOV'T-EXECUTIVE GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOVq'-LEGAL COUNSEL GEN GOV'T-LEGAL COUNSEL GEN GOV'T-LEGAL COUNSEL GEN GOV'T-COMPREHENSIVE PLANNING GEN GOV'T-COMPREHENSIVE PLANNING GEN GOV'T-COMPREHENSIVE PLANNING GEN GOV'T-JUDICIAL GEN GOV'T-JUDICIAL 511 10 511 30 511 60 512 10 512 30 513 10 513 30 513 60 514 10 514 3O 514 60 515 10 515 30 515 60 516 I0 516 30 516 60 519 10 519 3O 519 60 519 80 521 10 521 3O 521 60 GEN GOV'T-JUDICIAL G EN GOV'T-OT11ER (;EN GOV'T-OTIIER GEN GOV'T-OTHER GEN GOV'T-OTHER PUBLIC SAFETY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMENT 11 Whole Dollars Only Amount 476,185 58,743 799 504,516 43,580 7,465,322 1,905,497 603,247 967,590 135,144 1,973 366,657 202,223 1,043 952,061 777,985 50,469 4,193.569 3,046,687 188,226 152,059 30,153,459 5,029,535 !,755,262 CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER. COUNTY, FLORIDA I1) NUMI~F.I{: II REPOKI'ING FUND GROUP: GENERAL FUND EXPENDITURES AND OTHER DEBITS (511 THROUGit 769) Account No. Object Description 523 10 523 30 523 60 525 10 525 3O 526 10 526 30 526 60 527 30 537 10 537 30 537 60 539 30 553 10 553 30 554 10 554 30 554 60 561 30 562 10 562 30 562 60 562 80 563 30 PUBLIC SAFETY-DETENTION/CORRECTION PUBLIC SAFETY-DETENTION/CORRECTION PUBLIC SAFETY-DETENTION/CORRECTION PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PUBLIC SAFETY-MEDICAL EXAMINERS PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-OTHER ECONOMIC ENVIRONMENT-VETERAN'S SERVICES ECONOMIC ENVIRONMENT-VETERAN'S SERVICES ECONOMIC ENVIRONMENT-HOUSING/URBAN DVLPMNT ECONOMIC ENVIRONMENT-HOUSING/URBAN DyLPMNT ECONOMIC ENVIRONMENT-HOUSING/URBAN DVLPMNT !IUMAN SERVICES-HOSPITALS tlUMAN SERVICES-HEALTH HUMAN SERVICES-HEALTH HUMAN SERVICES-HEALTH HUMAN SERVICES-HEALTH HUMAN SERVICES-MENTAL 11EALTH CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) Whole Dollars Only Amouut I0,004,354 2,761,3{)5 86,277 198,548 66,083 254,838 228,740 140,136 435,537 921,631 784,297 13,301 10,992 143,459 30,206 187,101 74,414 6,264 14,363 328,613 391,536 4,316 378,300 710,400 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLOR. IDA · ID NUMBER: REPORTING FUND GROUP: GENERAL FUND EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 564 60 564 80 569 30 569 10 571 10 571 30 571 60 572 10 572 30 572 60 572 80 573 30 573 60 581 90 586 90 604 10 604 30 604 60 614 10 614 30 614 60 634 l0 634 30 634 60 I IUMAN SERVICES-PUBLIC ASSISTANCE tlUMAN SEP, VICES-PUBLIC ASSISTANCE llUMAN SERVICES-OTIIER HUMAN SERVICES-OTHER C ULTURE/RECREATION-LIBRAPdES CULTURE/KECP, EATION-LIBRARIES CU LTURE/RECP,.EATION-LIBRARI ES CULTURE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-PAP, KS/RECREATION CULTURE/RECREATION-PAKKS/ILECREATION CULTURE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-CULTURAL SERVICES CULTURE/RECREATION-CULTURAL SERVICES INTERFUND TRANSFERS TRANSFERS OUT FROM CONSTITUTIONAL FEE OFFICERS COURT REL EXP-GEN ADM-CLERK OF COURT ADMIN COURT ILEL EXP-GEN ADM-CLERK OF COURT ADMIN COURT REL EXP-GEN ADM-CLERK OF COURT ADMIN COURT REL EXP-CIR CT CRIMINAL-CLERK OF COURT COURT REL EXP-CIR CT CRIMINAL-CLERK OF COURT COURT REL EXP-CIR CT CPdMINAL-CLERK OF COURT COURT REL EXP-CIR CT CIVIL-CLERK OF COURT COURT REL EXP-CIR CT CIVIL-CLERX OF COURT COURT REL EXP-ClR CT CIVIL-CLERK OF COURT CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) 3 11 Whole Dollars Only Amount 254.435 2.353.014 139.224 17,153 2.054.079 609.434 77,553 3,076,153 2.279.248 328.256 178.105 13,614 3,105 18.641,617 160.919 784.935 295.793 30.775 272.004 36.816 14.400 306,215 42.674 8.265 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLOKIDA ID NUMBER: REPORTING FUND GROUP: GENERAL FUND EXPENDITURES AND OTHER DEBITS (511 THROUGII 769) Account No. Object Description 654 10 654 30 654 60 674 10 674 30 674 60 694 10 694 30 694 60 724 10 724 30 724 60 744 l0 744 30 744 60 764 l0 764 30 764 60 COURT REL EXP-CIR CT FAMILY-CLERK OF COURT COURT REL EXP-CIR CT FAMILY-CLERK OF COURT COURT REL EXP-CIR CT FAMILY-CLERK OF couKr COURT REL EXP-CIR CT JUV-CLERK OF COURT COURT REL EXP-CIR CT JUV-CLERK OF COURT COURT REL EXP-CIR CT JUV-CLERK OF COURT COURT REL EXP-CIR CT PROB.CLERK OF COURT COURT REL EXP-CIR Cl' PROB-CLERK OF COURT COURT REL EXP-CIR CT PROB-CLERK OF COURT COURT REL EXP-COUNTY Cl' CRIM-CLERK OF COURT COURT REL EXP-COUNTY CT CRIM-CLERK OF COURT COURT REL EXP-COUNTY CT CRIM-CLERK OF COURT COURT REL EXP-CO CT CIVIL-CLERK OF COURT COURT REL EXP-CO CT CIVIL-CLERK OF COURT COURT REL EXP-CO CT CIVIL-CLERK OF COURT COURT REL EXP-CO CT TRAFFIC-CLERK OF COURT COURT REL EXP-CO CT TRAFFIC-CLERK OF COUJ¥1' COURT REL EXP-CO CT TRAFFIC-CLERK OF COURT Il Whole Dollars Only Amount 289,590 17,999 10,559 88,733 12,962 2,025 144,912 15,448 2,909 516,929 57,551 24,876 212,062 20,700 6,415 390,146 31,960 8,479 111,038,883 TOTAL EXPENDITURES AND OTHER DEBI'rS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 ] REPORTING ENTITY: COLLIER COUNTY~ FLORIDA ID NUMBER: REPORTING FUND GROUP: SPECIAL REVENUE FUNDS REVENUES AND OTHER CREDITS (311.000 TItROUGH 390.000) Account No. Description 311000 312300 312400 313500 314200 314300 321000 322000 329000 331200 331420 331500 331620 331700 334200 334330 334390 334500 334620 335140 335200 335410 335420 341100 341200 AD VALOREM TAXES SALES TAX-COUNTY 9-CENT VOTED FUEL ]'AX SALES TAX-LOCAL OPTION FUEL TAX/ALT FUEL FILANCI IISE FEES-CABLE TELEVISION UTILITY SERVICE ]'AXES - TELECOMMUNICATIONS UTILITY SERVICE TAXES - WATER OCCUPATIONAL LICENSES BUILDING PERMITS OTHER LICENSES, FEES AND PERMITS FED GRANTS-PUBLIC SAFETY FED GRANTS-TRANSPORTATION-MASS TRANSIT FED GRANTS-ECONOMIC ENVIRONMENT FED GRANTS-HUMAN SVCS-PUBLIC ASSISTANCE FED G RANTS-CULTURE/RF. CREATION ST GRANTS-PUBLIC SAFETY ST GRANTS-PHYS ENVIRONMENT-GAS SUPPLY ST GRANTS-PItYS ENVIRONMENT-OTIIER ST GRANTS-ECONOMIC ENVIRONMENT ' ST GRANTS-HUMAN SVCS-PUBLIC WELFARE ST SHARED REV-GEN GOV'T-MOBILE HOME LIeS ST SHARED REV-PUBLIC SAFETY ST SHARED REV-TRANSPORTATION-AIRPORT DVLPMNT ST SHARED REV-TRANSPORTATION-MASS TRANSIT SERVICES-GEN GOV'T-RECORDING FEES SERVICES-GEN GOV'T-INTRNL SVCS FEES & CHRGS CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) il Whole Dollars Only Amount 13.425,157 589.035 483,923 1,357,013 747,865 7.245,869 872,927 6,147,454 294,755 1,231,419 200,105 64,509 157,447 172,517 2,133,889 25,000 127,466 1,101,806 628,362 107,017 450 211,229 1,099,099 203,502 442,381 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLORIDA ID NUMBER: REPORTING FUND GROUP: SPECIAL REVENUE FUNDS REVENUES AND OTHER CREDITS (31 I. 000 THROUGH 390. 000) Account No. Description 341700 341800 341900 342500 343700 343900 344900 347200 347400 347900 349000 354000 359000 361000 363100 364000 366000 369000 381000 383000 386400 SERVICES-GEN GOV'T-COUNTY COURT FEES SERVICES-GEN GOV'T-COUNTY OFF COMM & FEES SERVICES-GEN GOV'T-OTIIER C! IARGES & FEES SERVICES-PUBLIC SAFETY-PROTECTIVE INSPECTION SERVICES-PHYS ENVIRONMENT-CNSRVTN & RSRC MGT SERVICES-PHYS ENVIRONMENT-OTttER CHRGS & FEES SERVICES-TRANSPORTATION-OTHER CHARGES & FEES SERVICES-CULTURE/REC-PARKS & RECREATION SERVICES-CULTURE/REC-SPECIAL EVENTS SERVICES-CULTURE/REC-OTHER CHARGES & FEES SERVICES-OTHER CHARGES FINES-VIOLATIONS OF LOCAL ORDINANCES FINES-OTHER FINES AND/OR FORFEITURES INTEREST EARNINGS SPECIAL ASSESSMENTS DISPOSITION OF FIXED ASSETS CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES ' INTERFUND TRANSFERS IN INSTALLMENT PURCHASES/CAPITAL LEASE PROCEEDS I'RANSFERS-SHERIFF Ii Whole Dollars Only Anloullt 239,740 86,950 102,978 3,577 52,828 321,350 6,580 75,644 3,398 148,436 361,986 106,480 8,564 2,106,648 1,451,536 221,796 187,204 155,940 7,641,951 1,550,945 636,012 54,540,739 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 (Rev. I0/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 1 6H5 REPORTING ENTITY: COLLIER COUNTY~ FLORIDA ID NUMBER: REPORTING FUND GROUP: SPECIAL REVENUE FUNDS EXPENDITURES ,4ND OTHER DEBITS (511 THROUGH 769) Account No. Object Description GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-COMPREHENSIVE PLANNING , GEN GOV'T-COMPREHENS1VE PLANNING GEN GOV'T-COMPREHENSIVE PLANNING GEN GOV'T-JUDICIAL GEN GOV'T-OTHER GEN GOV'T-OTHER GEN GOV'T-OTHER PUBLIC SAFETY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMENT PUBLIC SAFETY-FIRE CONTROL PUBLIC SAFETY-FIRE CONTROL PUBLIC SAFETY-FIRE CONTROL PUBLIC SAFETY-FIRE CONTROL PUBLIC SAFETY-PROTECTIVE INSPECTIONS PUBLIC SAFETY-PROTECTIVE INSPECTIONS PUBLIC SAFETY-PROTECTIVE INSPECTIONS PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PHYS ENVIRONMENT-WATER UTILITY SERVICES PHYS ENVIRONMENT-WATER UTILITY SERVICES 513 I0 513 30 515 10 515 3O 515 60 516 30 519 10 519 30 519 60 521 10 521 30 521 60 522 10 522 30 522 60 522 80 524 10 524 30 524 60 525 10 525 30 525 60 533 10 533 30 CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) Il Whole Dollars Only Amount 32,019 31,315 2,194,090 433,323 10,892 79,868 183,762 250,481 72,130 2,969,359 819.509 637.740 691 589 192621 21071 184 200 3,342,079 1,538,458 300,481 23,791 120,275 17,271 56,943 167,148 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 KEPORTING ENTITY: COLLIER COUNTY, FLOR.IDA ID NUMBF. R: REPORTING FUND GROUP: SPECIAL REVENUE FUNDS EXPENDITURES AND OTIIER DEBITS (511 THROUGH 769) Account No. Object Description 533 6O 537 10 537 30 537 60 538 30 538 60 539 10 539 30 539 60 539 80 541 10 541 30 541 60 544 30 554 10 554 30 554 80 564 l0 564 30 564 60 571 30 571 60 572 10 572 30 PtIYSICAL ENVIRONMENT-WATER UTILITY SERVICES PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PI IYSICAL ENVIRONMENT-FLOOD CONTROL/STM-WSTE PItYSICAL ENVIRONMENT-FLOOD CONTROL/STM-WSTE PItYSICAL ENVIRONMENT-OTHER PHYSICAL ENVIRONMENT-OTHER PHYSICAL ENVIRONMENT-OTHER PHYSICAL ENVIRONMENT-OTHER TRANSPORTATION-ROAD/STREET FACILITIES TRANSPORTATION-ROAD/STREET FACILITIES TRAN S PORTATION-ROAD/STREET FACILITIES TRANSPORTATION-MASS TRANSIT ECONOMIC ENVIRONMENT-ttOUSING/URBAN DVLPMNT ECONOMIC ENVIRONMENT-HOUSING/URBAN DVLPMNT ECONOMIC ENVIRONMENT-HOUSING/URBAN DVLPMNT HUMAN SERVICES-PUBLIC ASSISI'ANCE HUMAN SERVICES-PUBLIC ASSISTANCE HUMAN SERVICES-PUBLIC ASSISTANCE CULTURE/RECREATION-LIBRARIES CULTURE/RECREATION-LIBRARIES CULTURE~RECREATION-PARKS~RECREATION CULTURE~RECREATION-PARKS~RECREATION CONTINUED FORM DBF-AA-403 (Rev. l 0/09/97) 2 !1 Whole Dollars Only Amount 8,300 201,086 248.498 263,511 5,934 999 1.132.443 3.088.946 1,838,031 28,883 4,332,066 4,043,910 2,865,948 53,812 74.683 31,487 940,810 314,153 476,907 1.299 5.023 24.680 1.107,696 809.298 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER. COUNTY, FLORIDA II) NUMIW. R: REPORTING FUND GROUP: SPECIAL I~,EVF. NUF. FUNDS EXPENDITURES AND OTIIER DEBITS (511 THROUGH 769) Account No. Object Description 572 60 572 80 573 l0 573 30 573 60 581 9O C ULI'URE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-CULTURAL SERVICES CULTURE/RECREATION-CULTURAL SERVICES CULTURE/RECREATION-CU LTURA L SERVICES INTERFUND TRANSFERS Il Whole Dollars Only Amount 250,454 3,345,812 175,445 105,472 4,970 11,135,305 51,286,276 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLORIDA ID NUM BI']~.: REPORTING FUND GROUP: DEBT SERVICE FUNDS REVENUES AND OTHER CREDITS (311.000 THROUGH 390. 000) Account No. 311000 312300 334200 335120 335160 335180 361000 363100 381000 384000 385000 Description AD VALOREM 'FAXES SALES TAX-COUNTY 9-CENT VOTED GAS TAX ST GIL,X. NTS-PUBLIC SAFETY ST SHARED REV-GEN GOV'T-SHARING PROCEEDS ST SHARED REV-GEN GOV'T-RACING TAX ST SHARED REV-GEN GOV'T-LOC GOV'T I/2 CT 'FAX INTEREST EARNINGS SPECIAL ASSESSMENTS INTERFUND TRANSFERS DEBT PROCEEDS PROCEEDS OF REFUNDING BONDS ii Whole Dollars Only Amount 1,536,361 454,7O0 38,806 327,300 332,000 3,129,500 740,272 1,227,335 4,340,773 3,100,000 14,870,000 20,097,047 TOTAL REVENUES AND OTtlER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: REPORTING FUND GROUP: COLLIER COUNTY, FLORIDA EXPENDITURES AND OTHER DEBITS (51I THROUGIt 769) Account No. Object Description 517 70 581 70 586 70 590 70 DEBT SERVICE FUNDS ID NUMBER: DEBT SERVICE PAYMENTS INTERFUND TRANSFERS TRANSFERS OUT FROM CONSTITUTIONAL OFFICERS OTHER NONOPERATING il Whole l)ollars Only Amount 10,007,288 3,100,000 59,228 14,617,000 27,783,516 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTrrY: C(.)LLIER COUNTY, FI.OI~,II)A II) NUMlll!R: REPORTING FUND GROUP: CAPITAL I'ROJI!CI'S FUNDS REVENUES AND OTItER CREDITS (311.000 THROUGH 390.000) Account No. 312400 334390 335420 335490 3357OO 341200 341800 342900 344900 361000 363100 363290 369000 381000 384000 Description SALES TAX-LOCAL OPTION FUEL TAX/ALl' FUEL ST GIL~NTS-PHYS ENVIRONMENT-OTHER ST SHARED-REV-TRANSPORTATION-MASS TRANSIT ST SI tARED REV-TRANSPORTATION-OTI IER ST SHARED REV-CULTURE/RECREATION SERVICES-GEN GOV'T-INTRNL SVCS FEES & CIIRGS SERVICES-GEN GOV'T-COUNTY OFF COMM & FEES SERVICES-PUBLIC SAFETY-OTttER CllARGES & FEES SERVICES-TRANSPORTATION-OTHER CIIARGES & FEES INTEREST EARNINGS SPECIAL ASSESSMENTS IMPACT FEES-OTIIER OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN DEBT PROCEEDS II Whole Dollars Only Amount 7,652,243 83,562 2,265,474 12,682 411.129 40,825 178,798 7,937 45,152 2,827,754 538,712 7,754,688 954,397 7,533,634 !,700,000 32,006,987 TOTAL REVENUES AND OTtlER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 1 6 13'.,a REPORTING ENTITY: COLLIER COUNTY, FLORIDA ID NUMBi£R: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 513 10 513 3O 519 3O 519 6O 521 30 521 60 523 30 523 60 525 30 525 60 526 30 526 60 535 30 537 30 537 60 538 30 538 60 539 30 539 60 541 30 541 60 541 80 571 30 571 60 GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-FINANCIAL AND ADMINISTRATIVE GEN GOV'T-OTHER GEN GOV"F-OTIlER PUBLIC SAFE'FY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMEN'F PUBLIC SAFETY-DETENTION/CORRECTION PUBLIC SAFETY-DETENTION/CORRECTION PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-EMERGENCY & DISASTER RELIEF PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PttYSICAL ENVIRONMENT-SEWERfWSTE-WTR SERVICES PHYSICAL ENVIRONMENT-CONSERVATION/I~,ESI~,CE MGT PHYSICAL ENVIRONMENT-CONSERVATION/RESRCE MGT PHYSICAL ENVIRONMENT-FLOOD CONTROL/STM-WASTE I'HYSICAL ENVIRONMENT-FLOOD CONTROUSTM-WASTE PHYSICAL ENVIRONMENT-OTHER PHYSICAL ENVIRONMENT-OTHER TRANSPORTATION-ROADS/STREET FACILITIES TRANSPORTATION-ROADS/STREET FACILITIES TRANSPORTATION-ROADS/STREET FACILITIES CULTURE/RECREATION-LIBRARIES CULTURE/RECREATION-LIBRARIES CONTINUED FORM DBF-AA-403 (Rev. 10/09/97) Il Whole Dollars Only Amount 27,488 201,424 192,271 625,645 22,499 45,947 8,523 83,364 33,419 906,700 265,950 1,072,445 106 593,385 409,981 305,050 2,797,803 17,880 27,438 4,537,548 9,236,060 500,000 329,719 !,007,303 ..... ., , [ [ [[[[[[[[ [ [ [[[[[111 Il Illll Ill[ [[[ [[ [[[[ 1 6H3 q FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLOI~,IDA ID NUMI'IFR: REPORTING FUND GROUP: CAPITAL PROJECTS FUNDS EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. Object Description 572 30 572 60 573 30 573 60 581 30 CULTURE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-PARKS/RECREATION CULTURE/RECREATION-CULTURAL SERVICES CULTURE/RECREATION-CULTURAL SERVICES INTEILI:UND TRANSFERS Il Whole Dollars Only Amount 561,752 2,277,987 29,500 94,498 1,933,290 28,144,975 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. l 0/09/97) 2 ! II r ..... II I I I I I III I I III II III ii i~l~lllnl i ~ FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 1 REPORTING ENTITY: COLLIER COUNTY, FLORIDA II) NUMBF. R: REPORTING FUND GROUP: EN'I'ERPRISE FUNDS REVENUES AND OTHER CREDITS ($II.000 THROUGH $90.000) Account No. 342600 343400 343600 3441O0 361000 369000 381000 389300 Description SERVICES-PUBLIC SAFETY-AMBULANCE FEES SERVICES-PHYS ENVIRONMENT-GARBAGE/SOLID WST SERVICES-PHYS ENVIRONMENT-WATER/SEWER COMBIN SERVICES-TRANSPORTATION-AIRPORT INTEREST EARNINGS OTHER MISCELLANEOUS REVENUES IN'FERFUND TRANSFERS IN NONOPERATING-GRANTS AND DONATIONS-STA'FE 11 Whole Dollars Only Amount 4,583,327 11,544,655 38,236,531 869,419 6,378,106 51,126 4,370,896 453,741 66,487,801 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) , ~ nl II IIII II III ....... I I IIII IIIIIII II IIIIII IIII IIIIIII IIIIII I FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTIN(} ENTITY: REPORTING FUND GROUP: COLLIER COUN'I'Y~ FLORll)A ENTERPRISE FUNDS Il) NIJMBF, R: EXPENDITURES/iND OTItER DEBITS (.511 THROUGH 769) Account No. Object Description 517 70 526 I0 526 3O 534 10 534 30 536 10 536 30 542 10 542 30 581 90 590 90 DEBT SERVICE PAYMENTS PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PUBLIC SAFETY-AMBULANCE & RESCUE SERVICES PttYSICAL ENVIRONMENT-GARBAGE/SOLID WAS'FE PHYSICAL ENVIRONMENT-GARBAGE/SOLID WASI'E PHYSICAL ENVIRONMENT-WATER/SEWER SERVICES PI IYSICAL ENVIRONMENT-WATER/SEWER SERVICES TRANS PORTAl'ION-AIRPORTS TRANSPORTATION-AIRPORTS INTERFUND TRANSFERS OTHER NONOPERATING II Whole l)ollars Only Amount 6,797,896 5,650,115 2,702.921 39O,223 12,195.157 6.956.039 20,448,233 430.979 873,000 221,853 291,101 56,957,517 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: REPORTING FUND GROUP: REVENUES ,4ND OTHER CREDITS (311.000 THROUGH 390.000) COLLIER COUNTY, I:I.,Oi~IDA ID NUMBER: INTERNAL SERVICE FUNDS Account No. .Description 341200 361000 364O0O 369000 381000 SERVICES-GEN GOVT-INTRNL SVCS FEES & CItRGS INTEREST EARNINGS DISPOSITION OF FIXED ASSETS OTtlER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN II Whole Dollars Only Amount 20,033,890 815,767 127,405 1,648,050 26,600 22,651,712 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 1 REPORTING ENTI'FY: REPORTING FUND GROUP: EXPENDITURES AND OTtlER DEBITS (511 THROUGH 769) Account No. Object 519 !0 519 30 581 90 COLLIER COUNTY, FLORIDA 1I) NUMBER: INTEP~NAL SERVICE FUNDS Description GEN GOV'T-OTHER GEN GOV'T-OTHER INTERFUND TRANSFERS !1 Whole Dollars Only Amount 5,201,369 17,131,136 388,200 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) 22,720,705 I llll i~lll I I IIIII IIIII IIII III II I II I II FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (31I. 000 TItROUGH 390. 000) COLLIER COUNTY, FLORIDA ID NUMBER: FIDUCIARY FUNDS-EXPENDABLE TRUST Account No. 313900 329000 341750 346400 351000 359000 361000 364000 365000 366000 369000 381000 Description FRANCIIISE FEES - OTHER OTttER LICENSES, FEES AND PERMITS SERVICES-GEN Gov'r-CIRCUIT COURT FEES SERVICES-HUMAN SVCS-ANIMAL CNT & SHLTR FEES FINES-JUDGMENTS AND FINES FINES-OTHER FINES AND/OR FORFEITURES INTEREST EARNINGS DISPOSITION OF FIXED ASSETS SALES OF SURPLUS MATERIALS AND SCRAP CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN II Whole Dollars Only Amount 791,670 21,055 75,438 19,197 471,473 3,173 147,207 7,740 10,816 2,292 254,941 3,020,500 4,825,502 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) I FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY~ FLORIDA ID NUMBER: REPORTING FUND GROUP: FIDUCIARY FUNDS-EXPENDABLE TRUST EXPENDITURES AND OTHER DEBITS (511 THROUGH 769) Account No. .Object Description 516 516 516 521 521 541 541 562 571 571 581 601 601 601 611 611 631 671 691 721 741 761 I0 3O 6O 3O 6O 3O 6O 3O 3O 6O 9O I0 3O 60 10 30 30 3O 30 30 30 30 GEN GOV'T-JUDICIAL GEN GOV'T-JUDICIAL GEN GOV'T-JUDICIAL PUBLIC SAFElY-LAW ENFORCEMENT PUBLIC SAFETY-LAW ENFORCEMENT TRANSPORTATION-ROAD/STREET FACILITIES TRANSPORTATION-ROAD/STREET FACILITIES HUMAN SERVICES-HEALTH CULTURE/RECREATION-LIBRARIES CULTURE/RECREATION-LIBRARIES INTERFUND TRANSFERS COURT REL EXP-GEN ADM-COURT ADMINISTRATION COURT REL EXP-GEN ADM-COURT ADMINISTRATION COURT REL EXP-GEN ADM-COURT ADMINISTRATION COURT REL EXP-CIR CT CRIMINAL-COURT ADMIN COURT REL EXP-CIR CT CRIMINAL-COURT ADMIN COURT REL EXP-CIR CT CIVIL-COURT ADMINIS I COURT REL EXP-CIR C'f JUV-COURT ADMINISTRATION COURT REL EXP-CIR CT PROB-COURT ADMINIS COURT REL EXP-COUNTY CT CRIM-COURT ADMINIS COURT REL EXP-CO CT CIVIL-COURT ADMINIS COURT REL EXP-CO CT TRAFFIC-COURT ADMINIS 11 Whole Dollars Only Amount 190,037 121,598 66,681 41,636 157,314 4,651 76,014 31,795 14,527 48,955 729,451 628,433 577,224 41,145 698,527 459,844 93,430 130,594 21,191 149,282 49,790 6,500 4~38,619 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY, FLORIDA ID NUMBER: REPORTING FUND GROUP: HOUSING FINANCE AUTHORITY-COMPONENT uNrr REVENUES AND OTHER CREDITS (311.000 THROUGH 390. 000) Account No. Description 349000 SERVICES-OTHER CHARGES 366000 CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS I1 Whole Dollars Only Amount 6,971 1,429 8,400 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY~ FLOILIDA ID NUMBER: REPORTING FUND GROUP: HOUSING FINANCE AUTHORITY-COMPONENT uNrr EXPENDITURES ,4ND OTHER DEBITS (511 THROUGH 769) Account No. Object 554 30 Description ECONOMIC ENVIRONMENT-HOUSING/URBAN DVLPMNT Il Whole Dollars Only Amount 970 970 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97) FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: COLLIER COUNTY~ FLORIDA ID NUMBER: REPORTING FUND GROUP: INDUSTRIAL DEVELOPMENT AUTHORITY-COMPONENT UNIT REVENUES/IND OTHER CREDITS (311.000 THROUGH 390.000) Account No. 349000 366000 Description SERVICES-OTHER CHARGES CONTRIBUTION & DONATIONS FROM PRIVATE SRCS I1 Whole Dollars Only Amount 23,804 113 TOTAL REVENUES AND OTtlER CREDITS FORM DBF-AA-403 (Rev. 10/09/97) 23,917 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 H3 REPORTING ENTITY: COLLIER COUNTY~ FLORIDA ID NUMBER: REPORTING FUND GROUP: INDUSTRIAL DEVELOPMENT AUTHORITY-COMPONENT UNIT EXPENDITURES/tND OTHER DEBITS (511 THROUGH 769) Account No. Object 552 30 Description ECONOMIC ENVIRONMENT-INDUSTRY DEVELOPMENT 11 Whole Dollars Onl: Amount 24,975 24,975 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 (Rev. 10/09/97)