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Ozz � m r- o m > m Q ' Orm � r- O -1m C * Wo Z -n Z = -< w CD � GPo c = Zc 0 T "i m0- o = Op -n-61m =4 N v- ca = O -1m it-; _- R1 TI n 0 =- o VA 3 --� o -� O = z 3 0 X X c m n °° (/‘ RI -n - C7 73zo C a 0 r to p 0 O G) 2O M � z ?:1 Co G' :11);IV mm M � � n n V n -1 � C m mzN 7r O co K ( -Z-I Wo p-1 lA rl -1 O D ' r 0 _ -1o n odam ' � Z n * m D z ° ° co r- -i moo 0 1 OW 03 l r 6D Z � A c- m Pt7 Tm O 0mm C(" D px > m � O l D 7 m - Z — OG-.) 73 73 Omm> `'D mm = (--- Z Z < ZCn an b �1 � nm ` mm O X ' N rZ 01- - oz r Koo X R. . Zc W c -1 -i I— err = occ cn C) 2 X 73 C � � 3 CO al v `D c CD -‹ CD v = W n �„ CO CO -1 0 = C � k. mo m ro rt CD r 0- r- m F = K o0 •, n m (n my cu'nmoc Z O z mz c Cl) o -1 ' z ` 1 O m h r17 65 > 0 O 0O w ---I 11 r co r O OnD :7-4 az, �� co Z m Z = -G w zo C -i z v, n CD = O "'1 m O w s`\a o m oxo y 00C k.. CD Q - OO TI m - D ' CD N a 03 I- xlm 73 ONo 0 al O• XWc - ` co = O p D 0 N mil _ n O R1 -nom � zp I- co C D03D h�NI -0 z z . 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CD r m- K r —1O .*: c a T3K < o mCz m ..._z 1 cn --I -1 cn Z oZ (n m i. � z 0 zm p - 05 -1 00 0 c o r rn oz = pW Iv b1 ao 0 am m co m ro m --In O --1 Z Cl) Ori W O - M = m Cnr= m O 0 > j:IKZiCO = m -I --1 W CL rn OE. = (nmO ie O m W 0 AM 03 Oy 3= n02 1- Dom - omz a rn TC�n � MCn0 --1z -° 02- Em 3 0 33Do acG) r- --1 cn m = m -I 2 m 000 nnmcs 'a. p m mz zon ...73 'T1 -;r1 ' M m al Zp 0■ -1 � - m � c3o o °r° ZoOV oo coo (no- = 1'17 OK Z � zm 0 Z : O > -< c n * rn DJ o Cl) W -1 ximm � O r >a --1zv� n= 22 177 T m O O n Cl) _ Z r M o *Cn 0 c=r np 33 DOm m m °<3 Z < z (n Ou) m -I r mm O x, D 0 Z r =Ir- r C -4 = FPI -< m =• = 0 m mm U) 0 1- m 0) n = c) n xi -I O 0 --1 _ m n n a) 0) m a 3 a 021 r o y -` . c= CD -a 0 co XOm C ami W e -< o — 0. 03 E a z C to = o rn o � - pkik CD 1— m r --i O r« > Y < x) 53 n vm m -io = RI cn -zl -1 Cm Z .mss. /� m 0 O cm Z p z ,n,, Mcn0 —I P- z ■ WIz O n� -I wm = 0o z w v zm m �w oil 111 .n � p rn -I > 5 Or ° W 030 > � m E > rrm O n > c z it0 =1 WI Si CD -1 o3J C -Iov Q 1' c wimp O. =17 m � rn = O0a. o. -1 O p -I•l co > 70o y n hal a m � On02 v? a _- 1- 70m .- vm > 3 oft -T1 71 -1 c) „ Ozzm O EMo Cc08 M —1 � � m -t � 6 ...I RI Omp� nymcon �• m M Z M O Z Z �'� m 0. 17 -Ti � ao � v � c mn ° o O OW ZO ,0o c Do RI OK Z mzm p z � pn � nc Do 0 55 m -a m Z = CD a mm O Oy Cn o a � m � rn a * pv mo 'D nOrn m m03 < Z V) O (n M —I r mm O x' y a 0z r � 1- v D -1 O7 I- E —I 2 m --G � rrn = = 0 ii m mm cn n 1- m O a 20 D = O 0 -I Z 02 m 2 l'1--c.m l 1 C 2,cc )O/Ii l lc, WHY HARVARD? FIVE REASONS: _ Z BECAUSE IT IS THE LEADING U.S. GRADUATE PROGRAM OF URBAN PLANNING & DESIGN, ALREADY ENGAGED WITH MIAMI BEACH SLR; BECAUSE IT WILL PROVIDE US TOOLS TO MAKE MORE VISIONARY AND PRACTICAL DECISIONS FOR COMPREHENSIVE, RESILIENT GROWTH, ENCOMPASSING NATURE, QUALITY OF LIFE & PROSPEROUS LONG TERM DEVELOPMENT; BECAUSE WE DO THINGS IN UNIQUE, DIFFERENT & EFFECTIVE WAYS, BASED ON THE PREMISE THAT A PICTURE IS WORTH A 1000 WORDS; OUR RESEARCH METHODS WILL INTEGRATE BEST PRACTICE, MAKE SENSE OF COMPLEX SLR INFORMATION AND ADAPTATION STRATEGIES IN SIMPLE GRAPHIC, 3-D MEANS- EDITED AND DASH- BOARD READY TO UNDERSTAND AND ACT ON; ENABLING COLLIER COUNTY, WITH THE SUPPORT OF ITS STAKEHOLDERS, TO MAKE NO REGRET STRATEGIC DECISIONS, FASTER, & MORE RESOURCE EFFICIENT Nader Ardalan Senior Advisor Harvard SLR Project Z+ t l s3c� 10l►1 h(-0 Chairman Fiala; Commissioners, and Residents. I'm Dennis P. Vasey, a county resident; Member of the Floodplain Advisory Committee; Chairman, Collier Soil and Water Conservation District, and Chairman, Water Symposium of Florida, Inc. I've read Ms. Patterson's Sea Level Rise Executive Summary, and recently participated in a Climate Central webinar with staff. The Executive Summary is excellent. Sea level rise was chronicled in the Floodplain Advisory Committee's last report; it has been an ongoing discussion item at both Collier Soil and Water Conservation District, and Water Symposium of Florida, Inc. We support the recommendations presented to you by staff. The Floodplain Advisory Committee, Collier Soil and Water Conservation District, and Water Symposium of Florida, Inc. have been looking at climate change and sea level rise data since 2006. The handout has several visuals, and a LiDAR, that describe what time won't permit me to say. There are four questions that can focus all discussions: 1. Why are the East Coast and Gulf of Mexico hotspots of sea level rise? • Global average sea level has increased 8 inches since 1880. Several locations along the East Coast and Gulf of Mexico have experienced more than 8 inches of local sea level rise in only the past 50 years. • The rate of local sea level rise is affected by global, regional, and local factors. • Along the East Coast and Gulf of Mexico, changes in the path and strength of ocean currents are contributing to faster-than-average sea level rise. • In parts of the East Coast and Gulf regions, land is subsiding, which allows the ocean to penetrate farther inland. Sea levels rnthe U.S. are rising fastest alongthe East Coast and vlf of Mexico, Sea Le[.......=Local • over the La12 (196?-2012) 105i 8 W 1 4 111 2.5 in I 11111 /0444 3/4,F'p4 SE4�`C ,rgHn,FC AEHS4C0 .4F.y h.SP .ao.s>0 CyS I 4ffh,k I ly4a,,'ry0._.gP4yP,C HORFo(� 044,4cs [F Hcj !y4 o !4 •F 4, k PO P� H S.C, SCO C4 •F, 4 •S CCPP lY '7 P4. 4 •C4 c •1,y •OC •y1 Global average sea level has increased 8 inches since 1880.The local rate varies depending on both global and local factors, including currents,ocean floor topography,variation in ocean density,and land uplift or susbsidence due to geological processes or human activities. 2. How quickly is land ice melting? Shrinking land ice — glaciers, ice caps, and ice sheets — contributed about half of the total global sea level rise between 1972 and 2008, but its contribution has been increasing since the early 1990s as the pace of ice loss has accelerated. Recent studies suggest that land ice loss added nearly half an inch to global sea level from 2003 to 2007, contributing 75 to 80 percent of the total increase during that period. Global warming is the primary cause of current sea level rise. � 3 .. *4' : TEMPERATURES ARE RISING Heat-trapping gases from ICE IS MEETING activity have increased global average temperatures — by 1.4' F since the 1880s. Shrinking glaciers and ice sheets are adding water to the world's oceans. OCEANS ARE WARMING Y, Sea water expands as its 3 temperature rises. ' < • CONTRIBUTIONS TO GLOBAL SEA LEVEL RISE(1972.2008): 'MELTING LAND ICE 52% WARNER OCEANS:38% OTHER:10% 3. Why is there such a large range in sea level rise projections? • The long-term rate of global sea level rise will depend on the amount of future heat-trapping emissions and on how quickly land ice responds to rising temperatures. • Scientists have developed a range of scenarios for future sea level rise based on estimates of growth in heat-trapping emissions and the potential responses of oceans and ice. The estimates used for these two variables result in the wide range of potential sea level rise scenarios. Sea level rise is accelerating. Heat-trapping gases already in the Sea level will Ase taste;as atmosphere will cause unavoidxlsie oceans continue to warm and CP c7 in temperature over the • ii land ice melts more rapidly. coming* coming decades. 1 _it Global Average Sea Level Rise 1 a. �. 0. 1tl 1 , a. 2050 0CI cl lil A AHigh-end range:+16-24 inches *•t lkely lunge• - _ +6-16 inches above j current sea levet I +81n [ — — —+1,4 41-..p.. 4. How high and how quickly will sea level rise in the future? E Our past emissions of heat-trapping gases will largely dictate sea level rise through 2050, but our present and future emissions will have great bearing on sea level rise from 2050 to 2100 and beyond. Even if global warming emissions were to drop to zero today, sea level will continue to rise in the coming decades as oceans and land ice adjust to those atmospheric changes. The greatest effect on long-term sea level rise will be the rate and magnitude of the loss of ice sheets, primarily in Greenland and West Antarctica, as they respond to rising temperatures caused by heat-trapping emissions in the atmosphere. 1 The choices wemake tada� will determine_how high sea level 1 rises this century, how fast it occurs and how much time we have to protect our communities. .... ... .ED Global Average Sea Level Rise t `*•%. ')U1li .1111._ Aiktik. (ofIiaued high Rali(n mclhny emissior=.s cI (I 411A(•.t.,;',d heat-t.riofiirirl iif'hCfi`_. na es High-end range:+48-78 Inches ti I Most likely range: I z +12-48 inches above current sea level 1 t 1 - s i . Reduc ea Slow• :nc•tiey . (_(1b•. .11 UI 1x1(14,011.;•(; 188054,1e-we a '_..__v�_.... __�- When the risks of sea-level rise—described as slow, medium, and fast—are scientifically determined, they should be incorporated in all the current and future development projects including infrastructure, agriculture, public works, and water projects. Community awareness and education on sea-level rise is vital and should be presented bi-annually. In a 1960's song, Johnny Cash portrays a natural disaster through the eyes of a child and asks: How high's the water, mama? With a millennium of lead time, it wouldn't be such a big deal to rebuild cities further inland and get county residents out of the way of rising water. But we don't have 1,000 years. Sea level rise is inevitable. It will be anything from bad too awful but it is not an emergency! It will take years to unfold and decades to see who's right.... Let's make certain we write the future with science, and data insight, that protects the health and safety of our community because we know how fast the sea level will rise locally. And consider carefully projects that won't be usable or fulfill their intended function in 2100. Thank you. �,. �..k, 1 1� ,, _ O r -F Ridge DR ~ �L..,' pe Cougar DR grid9e• way IN i m. co -1 ' I 3, m, a,. 0 YMCA RD I f L\iiiiivingston Woods f 13 o Pine Ridge RD ff LI .� . u)i; N,. Seagate z D.. a`z: o $ Po pelsip1 cm o MOWN Bald Eagle DR . 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I S ca 4 ' g Illak o ,\ 6,p til w ' Al;.Ala o 73 --) -"I' O c: .""`' Lz!\;;4;O : � p, � Thomasson M -V Aggii`+ ! eC, .,camf" Mo e •Resp b cCD i'Qd * Q�` f r j_( A n r Gulfstara2.® `1°' Antigua 44.• ' o; ' Colonial DR Andros D[L'3 ,R �9Y '6'>en� � � ,,, Andrews Clarendon °J ,�o'p�� '`oma_ i. C ' c� C� PJB _ C`�ti•' LEGEND 12'-51, vck . �� Jj a A 8�, .. Iidar_2007 rt ,4 _ <VALUE> ( aslr r-o 0` °e X 9.1 10 `� j et` V 8.1 - 9 ED 7.1 8 Casoria C yo '. -d 6.1 - 7 AvellinoCn ,r,�m���11 5.1 -6 �� 174.1 - 5 ' 1\ • X3.1 4 N g ®2.1 -3A �- ® 9 4 2 i� - CREATED 8Y:GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT FILE:G:ICITY OF NAPLES:MXD DATE:0/2016 The Sea Level Rise and Global Warming_ili1 gjphic is based on careful evaluations of data provided by the National Oceanic and Atmospheric Administration(NOAA),publications of scientific research, and publicly available data. What follows is an account of the data sources and assumptions for each of the four facts presented in the infographic. Fact 1: Sea levels in the U.S. are rising fastest along the East Coast and Gulf of Mexico. 2014 Revision Fact 1 of the infographic was revised in 2014 to show the most recent 50 years available of local sea level rise instead of the period since 1880, which was used in the original 2013 infographic. The original Fact 1 panel showed local sea level rise over the same time period as the global sea level rise —dating back to 1880, which is also presented in Facts 2 through 4. This was updated after learning that several of the original tide stations had too short a tide record to have confidence in the extrapolation back to 1880. A longer tide record is desirable because the longer the data set the more confidence one can have in its accuracy(see the confidence interval figure below). Since more tide stations around the U.S. have at least 50 years of record compared to the few tide stations with around 100 years of record, we chose to update Fact 1 panel with a 50-year fit provided by NOAA for the latest complete year of tide data available (2012) at the time of posting the revised April 2014 infographic. 330 - T 25 E 20 • 5 • 0 m 05 & T e p -35 -10 w m -15 `2 0 • N E 25 -3 0 D 20 40 60 60 100 '20 143 160 180 200 Year Range of Data Figure 1: Confidence interval with period of record. Confidence interval improves for sea level rise rates for longer tide station records. Tide stations with more than 50 years of data are preferable for sea level rise trends. Image source: NOAA (available at http://tidesandcurrents.noaa.gov/sltrends/sltrends update.shtml?stnid=1612340) Local Sea Level Rise: Over the Last Fifty Years (1963-2012) NOAA NOAA total Trend 1963- NOAA 1963- NOAA NOAA 2012 Trend 2012 total total Rounding 1963- Standard 1963- 1963- to Infographic 2012 Error 2012 2012 nearest Station Name Name (mm/yr) (mm/yr) (mm) (in) 0.5(in) GALVESTON Galveston,TX 6.413 0.376 320.66 12.62 12.5 SEWELLS POINT Norfolk,VA 5.318 0.319 265.89 10.47 10.5 ATLANTIC CITY Atlantic City, NJ 4.848 0.283 242.38 9.54 9.5 WASHINGTON Washington, DC 3.596 0.382 179.78 7.08 7 THE BATTERY New York, NY 3.452 0.266 172.58 6.79 7 CHARLESTON Charleston,SC 3.099 0.283 154.93 6.10 6 BOSTON Boston, MA 3.004 0.238 150.18 5.91 6 KEY WEST Key West, FL 2.766 0.218 138.30 5.44 5.5 PENSACOLA Pensacola, FL 2.444 0.282 122.21 4.81 5 SAN DIEGO San Diego, CA 2.009 0.351 100.43 3.95 4 SEATTLE Seattle,WA 1.780 0.310 89.00 3.50 3.5 SAN FRANCISCO San Francisco,CA 1.484 0.405 74.18 2.92 3 LOS ANGELES Los Angeles, CA 1.162 0.309 58.11 2.29 2.5 Table 1: NOAA 50-year fit of tide station data.The latest 50-year trend(1963-2012) available at time of revised infographic(April 2014) NOAA Data: co-ops.userservices@noaa.gov and updated annually at http://tidesandcurrents.noxa,gov,@trends!50 shtmPstnid=1612340 Local sea level trends are a combination of both the global trend and local factors such as vertical land movement and changes in the path or strength of coastal ocean currents (see Table 2). Sea levels have risen more in Atlantic City,N.J.; Sewells Point, near Norfolk, Va; and Galveston, Texas in the most recently recorded 50-year period (between 1963 and 2012)than they have risen globally since 1880. We extend appreciation to Forbes Tompkins, World Resources Institute, and Leonard Barry, Director of the Florida Center for Environmental Studies, for advice on tide stations. We thank Chris Zervas,NOAA, for his helpful review of the use of NOAA fifty year fit for tide station data. For more information and to obtain data, please contact NOAA via the email co- ops.userservices@noaa.gov. Fact 2: Global Warming is the primary cause of current sea level rise. Between 1880 and 2010, average global surface temperatures rose by 0.8 °C (1.4 °F) (Hansen et al. 2010). This warming has caused an expansion of seawater and a shrinking of land-based ice-glaciers, ice caps, and ice sheets. These two processes have been largely responsible for the observed rise in global sea level since 1 880 (Church et al. 2011). Global sea level rose by 8 inches (210 mm) between 1880 and 2009 (Church and White 2011). This estimate is based on tide gauge measurements—available between 1880 and 2009—and satellite altimeter data—available from 1993 to 2009. To calculate the relative contributions of ice loss, thermal expansion, and other factors to the total observed global sea level rise from 1972 to 2008, we relied on the accounting of sea level rise components presented by Church et al. 2011 (See Table 2). Component Linear trend Notes and uncertainty* (mm/year) Total observed global 2.10+ 0.16 Includes both tide gauge data sea level rise (available for entire time period) and satellite data (available after 1 993). Thermal expansion 0.80+ 0.15 Includes entire water column Land ice loss 1.09± 0.26 Groundwater depletion 0.26± 0.07 Other terrestrial water -0.37 + 0.25 Includes dam retention and natural storage factors terrestrial storage Total of known 1.78 ± 0.36 contributions Residual 0.32 ± 0.39 *Error estimates are one standard deviation Table 2: Contributions to sea level rise;Adapted from Church et al.2011 We calculated the contributions of land ice loss and thermal expansion as percentages of the total observed global rise in sea level. Together, these two components account for 90% (or 1.89 mm/yr) of the total observed rise. All of the known contributions, however, add up to less than the total observed rise, meaning that the sea level rise budget is not closed. Therefore the remaining 10% is attributed to a combination of known and unknown factors. Fact 3: Sea level rise is accelerating. Sea level rise projections for 2050 are drawn from NOAA's Global Sea Level Rise Scenarios report (NOAA 2012a). The report does not specifically report data for the year 2050, so we have estimated data for 2050 based upon their Figure 10, which shows projections out to 2100. Our estimates for the year 2050, rounded to the nearest whole number for the infographic, are as follows: Lowest scenario: 10 cm (3.94 in) Intermediate-low scenario: 15 cm (5.90 in) Intermediate-high scenario: 40 cm (15.75 in) Highest scenario: 60 cm (23.62 in) For the "most likely range,"' we show the range between the intermediate-low and intermediate- high scenarios. The lowest-end scenario is considered less likely because it is a simple extension of the historical sea level rise rate without accounting for the observed acceleration since the 1990s (Church and White 2011). The highest scenario, while possible, assumes much more rapid loss of land ice(See Table 3 below). Our past emissions of greenhouse gases have committed us to continued warming even in the face of reduced or stabilized emissions in the future. The magnitude of this so-called "committed warming" is on the order of 0.5°C by the end of the century if atmospheric concentrations of greenhouse gases are maintained at current levels and less if emissions are rapidly reduced to zero (Meehl et al. 2005; Wigley 2005; Matthews and Zickfield 2012). As the oceans and land ice respond to continued warming, sea level will continue to rise. The greatest uncertainty in estimating future sea level rise is the rate of ice loss, primarily from Greenland and Antarctica (NOAA 2012a). Fact 4: The choices we make today will determine how high sea level rises this century, how fast it occurs, and how much time we have to protect our communities. Scientists have developed a range of scenarios for future sea level rise based on estimates of growth in heat-trapping emissions and the potential responses of oceans and land ice. The latest scenarios suggest a 90 percent certainty that the increase in global sea level will range from 8 inches to 6.6 feet above 1992 levels by 2100 (NOAA 2012a). The lowest end of this range is a simple extension of historic sea-level rise—and recent data indicate that this rate has nearly doubled in recent years.' Three other scenarios show a more likely range of 1.6 to 6.6 feet of sea level rise by 2100 (See Table 3 below). The rate and magnitude of the loss of ice sheets—primarily in Greenland and West Antarctica—account for much of the difference in the projections of sea-level rise by the end of the century(NOAA 2012a). The lowest-end scenario is considered less likely because it is a simple extension of the historical sea level rise rate without accounting for the observed acceleration since the 1990s (Church and White 2011). The highest scenario, while possible, assumes much more rapid loss of land ice. The"most likely range'' is what was considered most likely by the draft report of the National Climate Assessment (NCA 2013). Given the lowest emissions scenarios, thermal expansion of ocean waters, and melting of small mountain glaciers without any additional ice loss from Greenland or Antarctica, sea level is projected to rise by 11 inches by 2100 (NCA 2013; Marzeion et al. 2012; Yin 2012). Recent work also suggests that 4 feet of sea level rise by 2100 is plausible (NCA 2013 and references therein). I Satellite altimetry recorded a global sea-level rise of 0.13 inches per year from 1993 to 2009 nearly twice the 20"' century average rate measured by tide gauges(Church and White 2011).The National Oceanic and Atmospheric Administration(NOAA)recommends using the lowest scenario only where there is a"great tolerance for risk" (NOAA 2012a). Scenario Global Global Scenario assumptions average average SLR by SLR by Emissions Ice Oceans Notes 2100 2100 Scenario (meters) (feet) Highest 2.0 6.6 A1B Maximum loss of Warm as projected This scenario combines land ice as by IPCC AR4 maximum ice loss and a level modeled by of ocean warming associated Pfeffer et al.2008 with a middle-of-the-road emissions scenario(A1B)to calculate future SLR. Intermediate- 1.2 3.9 Models employ Ice loss increases Thermal This scenario represents the High a range of IPCC throughout the expansion is average of the high end of AR4 SRES 21,'century simulated as a semi-empirical models that scenarios comes to response within use observed data to (Vermeer and dominate total climate models.Its extrapolate into the future Rahmstorf 2009 sea level rise. contribution to (i.e.Vermeer and Rahmstorf and Jevrejeva et total sea level rise 2009;Horton et al.2008; al.2010). Ice loss is over the 21st Jevrejeva et al.2010).Models simulated as a century gradually rely on the existing observed response within declines. relationships between global climate models. temperature and the rate of sea level rise,ice loss,and thermal expansion. Intermediate- 0.5 1.6 B1 Minimal ice sheet Warming as per This scenario assumes Low loss IPCC AR4 B1 aggressive decreases in GHG emissions.SLR is primarily driven by thermal expansion Lowest 0.2 0.7 n/a n/a n/a Linear continuation of historical SLR rate since 1900.NOAA gives no emissions information. Table 3: Sea level rise scenarios.Adapted from NOAA 2012a. While past emissions will largely dictate sea level rise through 2050, our present and future emissions will have a great bearing on sea level rise from 2050 to 2100 and beyond (Schaeffer et al. 2012; Zecca and Chiari 2012; Jevrejeva et al. 2010). References: Cazenave, A., and W. Llovel. 2010. Contemporary sea level rise. Annual Review of Marine Science 2:145-173. Church, J.A., and N.J. White. 2011. Sea-level rise from the late 19th tonearly 21'century. Surveys in Geophysics doi:10.1007/s10712-011-9119-1. Church, J.A., N.J. White, L.F. Konikow, C.M. Domingues, J.G. Cogley, E. Rignot, J.M. Gregory, M.R. van den Broeke, A.J. Monaghan, and I. Velicogna. 2011. Revisiting the Earth's sea-level and energy budgets from 1961 to 2008. Geophysical Research Letters 38:L18601; doi:10.1029/2011 GL048794. Environmental Protection Agency(EPA). 2012. Climate change indicators in the United States, 2012. Online at hltp://lt wir. Ta. or/cliniaicchanger/.science/inclicatorsicloiinload.h/nrl Hansen, J., R. Ruedy, M. Sato, and K. Lo. 2010. Global surface temperature change. Reviews of Geophysics 48:RG4004; doi:10.1029/2010RG000345. Howat, I.M., I.R. Joughin, and T.A. Scambos. 2007. Rapid changes in ice discharge from Greenland outlet glaciers. Science 315:1559-61; doi:10.1126/science.1138478. Jevrejeva, S., J.C. Moore, and A. Grinsted. 2010. How will sea level respond to changes in natural and anthropogenic forcings by 2100? Geophysical Research Letters 37(L07703); doi:10.1029/2010GL042947. Kaser, G., J.G. Cogley, M.B. Dyurgerov, M.F. Meier, and A. Ohmura. 2006. Mass balance of glaciers and ice caps: Consensus estimates for 1961-2004. Geophysical Research Letters 33(L19501); doi:10.1029/2006GL027511. Marzeion, B., A.H. Jarosch, and M. Hofer. 2012. Past and future sea-level change from the surface mass balance of glaciers. The Ctyosphere Discuss 6:3,177-3,241; doi:10.5194/tcd-6- 3177-2012. Matthews, H.D., and K. Zickfield. 2012. Climate response to zeroed emissions of greenhouse gases and aerosols. Nature Climate Change 2:338-341. Meehl, G.A., W.M. Washington, W.D. Collins, J.M. Arblaster, A. Hu, L.E. Buja, W.G. Strand, and H. Teng. 2005. How much more global warming and sea level rise? Science 307:1769-1772. Meier, M.F., M.B. Dyurgerov, U.K. Rick, S. O'Neel, W.T. Pfeffer, R.S. Anderson, S.P. Anderson, and A.F. Glazovsky. 2007. Glaciers dominate eustatic sea-level rise in the 21S` century. Science 317:1064-1067; doi:10.1126/science.1143906. National Climate Assessment Draft for Public Comment. 2013. Chapter 2—Our Changing Climate (v. 11 Jan. 2013). Available online at http://ncadac.globalchange.gov/download/NCAJan 11-2013-publicreviewdraft-chap2-climate.pdf National Oceanic and Atmospheric Administration (NOAA). 2012a. Global sea level rise scenarios for the United States National Climate Assessment. NOAA technical report OAR CPO-1. Silver Spring, MD. Online at http://cpo.noaa.gov/.sites/cpuoiRcports72012/NOAA SLR 13.pd/. National Oceanic and Atmospheric Administration(NOAA). 2012b. Sea levels online. Online at hitp://tidesandcurrcnts.noaa.,Lror/sltrcnds/sltrcnds.shtml. National Oceanic and Atmospheric Administration (NOAA) Data: 50 year trends available online at http.//tidesundcurrents.noaa.goi'/sltrcnds/50yr.shtnd?stnid=1612340. National Research Council (NRC). 2012. Sea-level rise for the coasts of California, Oregon, and Washington: Past, present, and future. Washington, DC: National Academies Press. Schaeffer, M., W. Hare, S. Rahmstorf, and M. Vermeer. 2012. Long-term sea-level rise implied by 1.5° C and 2° C warming levels. Nature Climate Change doi:10.1038/nclimate1584. Wigley, T.M.L. 2005. The climate change commitment. Science 307:1766-1769. Witze, A. 2008. Climate change: Losing Greenland. Nature 452:798-802. Online at lutp://www.naturc.conunelvA/2008/080416/1U11/452798a.himl. Yin, J. 2012. Century to multi-century sea level rise projections from CMIP5 models. Geophysical Research Letters 39(7): doi:10.1029/2012GL052947. Zecca, A., and L. Chiari. 2012. Lower bounds to future sea-level rise. Global and Planetary Change 98-99:1-5. Abstract online at //rip:/ii n n_sco/owedirect.(()Ii ;Scienc•e;artic/O)iiiS.092/S/8/12001 579. What the Science Tells Us HIGHLIGHTS From the rocky shoreline of Maine to the busy trading port of New Orleans,from Roughly a third of the nation's population historic Golden Gate Park in San Francisco to the golden sands of Miami Beach, lints in coastal countiesSeveral million our coasts are an integral part of American life.Where the sea meets land sit some of those live at elevations that could be of our most densely populated cities,most popular tourist destinations,bountiful fisheries,unique natural landscapes,strategic military bases,financial centers,and flooded by rising seas this century,scientific beaches and boardwalks where memories are created.Yet many of these iconic projections show.These cities and towns— places face a growing risk from sea level rise. home to tourist destinations,fisheries, Global sea level is rising—and at an accelerating rate—largely in response to natural landscapes,military bases,financial global warming.The global average rise has been about eight inches since the centers,and beaches and boardwalks_ Industrial Revolution.However,many U.S.cities have seen much higher increases face a ga owing risk from sea level rise. in sea level(NOAA 2012a;NOAA 2012b).Portions of the East and Gulf coasts have faced some of the world's fastest rates of sea level rise(NOAA 2012b).These trends have contributed to loss of life,billions of dollars in damage to coastal The choices we make today are critical property and infrastructure,massive taxpayer funding for recovery and rebuild- to protecting coastal communities. While ing,and degradation of our prized shores. it will be necessary to adapt to rising seas Scientific projections show that global sea level will continue to rise over the by,for example,making buildings and course of this century,transforming our coasts.Meeting the challenge of rising infrastructure more resilient,reducing seas and coastal storm surges will require immense efforts to build the resilience of our treasured coastal communities.We also need to make ambitious cuts in our our heat-trapping emissions is one of the heat-trapping emissions,to slow the pace and magnitude of change in sea level best ways to limit the magnitude and pace and gain time to plan and prepare for its effects. of sea level rise over the long term. What Is Causing Sea Level Rise? Global warming is the main contributor to the rise in global sea level since the Industrial Revolution.Human activities such as burning coal and oil and cutting Y _ t.�$y4� rig !I i 3 Lam! n E - Sea level?ise,combined with worsening storm surge,threatens to harm people,property,and ecosystems in coastal communities around the country. 1. down tropical forests increase atmospheric concentrations of heat-trapping gases.The result is that the planet has already Global sea level is rising-- warmed isingwarmed by 1.4°F since 1880(Hansen et al.2010). and at an accelerating These rising air temperatures are also warming ocean waters.Indeed,the oceans have absorbed 85 percent of the ex- rate—largely in response cess heat trapped by the atmosphere since 1880(Cazenave and to global warming Llovel 2010;Levitus et al.2009;Levitus et al.2005;Levitus et al.2001).As ocean water warms,it expands.This thermal expansion was the main driver of global sea level rise for 75 to 100 years after the start of the Industrial Revolution.However, more than half of the increase during that period(Church the share of thermal expansion in global sea level rise has et al.2011). declined in recent decades as the shrinking of land ice has Indeed,the pace of ice loss from both small glaciers accelerated(Cazenave and Llovel 2010;Lombard et al.2005).' and large ice sheets has accelerated(EPA 2012;NRC 2012; Land ice—glaciers,ice caps,and ice sheets—stores Cazenave and Llovel 2010;Witze 2008;Howat,Joughin,and nearly two-thirds of the world's freshwater and is shrinking Scambos 2007;Meier et al.2007;Kaser et al.2006).Recent in response to higher temperatures(Trenberth et al.2007). studies suggest that ice loss added nearly half an inch to Glaciers partially melt each summer and grow again each global sea level from 2003 to 2007,contributing 75 percent to winter.However,as temperatures rise,ice growth in winter is 80 percent of the total increase(Cazenave and Llovel 2010). often less than ice melt in summer.The result is that nearly all Other factors—from local sinking of land to changing the world's surveyed glaciers,ice caps,and the Greenland ice regional ocean currents—also can play a role in sea level rise.2 sheet are losing ice,adding water to the oceans and causing These influences are contributing to"hot spots"that are global sea level to rise(EPA 2012;Cogley 2009;Meier et al. facing higher-than-average local sea level rise,such as the 2007;Kaser et al.2006).Shrinking land ice added about one East and Gulf coasts of the United States(Sallenger,Doran, inch to global sea level from 1993 to 2008—accounting for and Howd 2012;Milne 2008).3 .'7s�1' . -',..*4,-,-..-4--4::7,1,' ...L,44.. ,k'•1.cs * .�1R `.`.eis'. v-rikt k`' ati p a.W ,. _ - 1 `*"y ` ';' ,a; * ' '_ '* a•lr '4t, .,'" . 'sem. ."" s ,:44...,--;77,- 7 li 'Li fig ;,— a 1 <S' " z .1 "* >fix`4 =41kIt'll!" a's"'. F ._T»81L'^ i .. .' trY A L�.-4 4c.iF: „Lig \rte hila -_'4'''' � ,,, i -D, a,- ,• #....• I2 , . —, . r` ill, i-, .L �1 _ {ji 5 m• r _ ::1! I'm - s.:� ,... !4 y "}4`ws ,,...'` ti-, ]t� oa - '- m'm i . - #. ice 'W, tr 1' . t':.I ,. 1 f > u, . More than 5 million people along the Eastern Seaboard hve in arras at risk of coastal flooding,'and population density in coastal counties is projected to grow at more than[Mee times the national pace over the next 10yew s.Coastal communities,including in New Jersey(above),have seen severe damage from storms— most recently from Hurricane Sandy. 1 FIGURE 1. Global Sea Level Rise and Recent Causes Average Global Sea Level Rise since the Industrial Revolution Climate-related Contributions to Global Sea Level Rise 10 8 Satellite altimeter data y 0.8 Thermal expansion 'C tt Melting land ice 6 v 0.6 A d 4 Tide gauge data u CL 0.4 2 v = 0.2 -2 0 - 2 1880 1920 1960 2000 1972-2008 1993-2008 1 i Loss of ice on land and thermal expansion of seawater—both From 1972 to 2008,melting land ice—glaciers,ice caps,and ice primarily caused by global warming—have been the key drivers sheets—accounted for 52 percent of sea level rise,while warmer of an average global sea level rise of about eight inches since 1880. oceans contributed 38 percent.Groundwater withdrawal and other I Tide gauges around the world have recorded the long-term rise in factors,both known and unknown,contributed the remaining 10 per- 'j sea level since 1870(green line with shaded error range).Satellite cent.Ice loss has accelerated since the early 1990s,and has accounted P observations since 1993(blue line)have confirmed the trend, for 75 percent to 80 percent of sea level rise since 2003. SOURCES.NRC 2012,CHURCH ET AL.2011;CAZENAVE AND LLOVEL 2010. SOURCES NRC 2012;CHURCH AND WHITE 2011,CAZENAVE AND LLOVEL 2010, 1 NICHOLLS AND CAZENAVE 2010. 1 Measuring Global Sea Level Rise PROJECTING FUTURE SEA LEVEL RISE I Our past heat-trapping emissions have committed us to Global sea level rose roughly eight inches from 1880 to 2009, continued sea level rise,because oceans and land ice are and about 0.8 inch per decade from 1972 to 2008(Figure 1) still adjusting to the changes we have already made to the (Church and White 2011;Church et al.2011).5 Tide gauges, atmosphere.Even if global emissions were to drop to zero by land benchmarks,and other methods can be consulted in 2016,scientists project another 1.2 to 2.6 feet of sea level rise specific coastal areas to determine how much the location by 2100(Schaeffer et al.2012;Zecca and Chiari 2012;Meehl differs from the global average rate of sea level rise.Local sea et al.2007). Ilevel is influenced by many factors including meteorological However,while past emissions will largely dictate sea 3 events,ocean currents,geologic factors,groundwater flow, level rise through 2050,our present and future emissions will river dams,drilling,dredging,and construction. have great bearing on sea level rise from 2050 to 2100 and The rise in sea level is accelerating both globally and beyond(Schaeffer et al.2012;Zecca and Chiari 2012;Jevre- regionally in many places.From 1993 to 2008,the global jeva,Moore,and Grinsted 2010).Land ice,in particular,can rate has risen to 0.11 to 0.13 inch per year—a 65 percent to respond very rapidly to changes in climate(Joughin 2006). 90 percent increase above the twentieth-century average Scientists have developed a range of scenarios for future sea 1 (Church and White 2011;Ablain et al.2009;Leuliette,Nerem, level rise based on estimates of growth in heat-trapping emis- and Mitchum 2004).Scientists attribute this acceleration sions and the potential responses of oceans and ice.The latest mainly to ocean warming,a quickening pace of land ice loss, scenarios suggest a 90 percent certainty that the increase in and a net transfer of groundwater from the land into the sea global sea level will range from 8 inches to 6.6 feet above 1992 (Konikow 2011;Domingues et al.2008;Witze 2008;Howat, levels by 2100(NOAA 2012a). Joughin,and Scambos 2007).6 The stretch of coastline from The lowest end of this range is a simple extension of his- Nova Scotia to the Gulf of Mexico faced some of the world's toric sea level rise—and recent data indicate that this rate has fastest rates of sea level rise in the twentieth century—from nearly doubled in recent years.8 Three other scenarios show 0.10 inch per year in Boston to 0.38 inch per year in Louisiana a more likely range of 1.6 to 6.6 feet of sea level rise by 2100.9 (NOAA 2012b).7 The rate and magnitude of the loss of ice sheets—primarily { in Greenland and West Antarctica—account for much of the Roughly a third of the difference in the projections of sea level rise by the end of the g y century(NOAA 2012a).10 nation's population lives in coastal counties and Our Coasts at Risk is especially vulnerable Roughly a third of the nation's population—more than to rising seas and storm 100 million people—lives in coastal counties."These counties account for 42 percent of the U.S.gross domestic product.'' surges in low-lying areas. Coastal states with low-lying land are especially vulnerable to rising seas and coastal storm surges.Louisiana,Florida, North Carolina,California,and South Carolina top the list HOW SEA LEVEL RISE AFFECTS OUR COASTS of exposed states,based on the amount of dry land less than 3.3 feet above high tide levels(Strauss et al.2012). Ocean waves,currents,and tides constantly reshape shore- That 3.3 feet of global sea level rise is likely to occur by lines.Coastal storms such as Hurricane Sandy provide stark the end of the century under a scenario with continued high evidence of how dramatic and rapid these changes can be.Sea global warming emissions and active loss of land ice("in- level rise is changing the dynamics at play along our coasts— termediate-high projection"in Figure 2)—and could occur and with them our coastal communities,economies,and even earlier under a scenario with a more accelerated rate of ecosystems.These dynamics include: shrinking of land ice("highest projection"in Figure 2).Local Amplified storm surge.Coastal storms often cause storm factors make it likely that parts of the East and Gulf coasts surge,where high winds push water inland(Figure 3,p.5). will see an even faster pace of local sea level rise than the With rising seas,storm surge occurs on top of an elevated global average,putting large populations at risk(Boon 2012). water level.That means a storm today could create more FIGURE 2. Coastal States at Risk from Global Sea Level Rise 0 Population Living Less Than 3.3 feet above Mean € Global Average oR High Water(thousands) I� Sea Level Rise(inches) NH % EI 1-9 499 ,MA 84 Highest Sea Level "- CT 72 72 Rise Projection ... . WW1 ..1..40 lipairildlir n 10 99 ®500-1,000 ❑100-199 ® >1,000 DE NJ 60 MD 48 Intermediate-High 3.3 feet Projection 36 24 Intermediate-Low Projection LA 12 0 FL 2000 2050 2100 People in states with low-lying coastlines have been subject to severe flooding and damage from coastal storms in recent years.Although all coastal states are vulnerable,Florida,Louisiana,New York,and California have the most residents living on land less than 3.3 feet above high tide.Depending on our future emissions—and the resulting ocean warming and land ice loss—global average sea level could rise to the 3.3 foot mark within this century. SOURCES NOAA 2012A,STRAUSS ET AL.2012. • FIGURE 3. Storm Surge and High Tides Magnify the Risks of Local Sea Level Rise Storm surge' 1, .,. . 2010> 2010-higtrticter floodplain 1880 floodplain Storm surge 2050 projected huh tide' > 2050 — —— > 2010 floodplain 1880 floodplain floodplain Storm surge 2100 projected high tide 2100 2050 floodplain floodplain --------._-_.._ 2010 floodplair. Sea level sets a baseline for storm surge—the potentially destructive rise in sea height that occurs during a coastal storm.As local sea level rises,so does that baseline,allowing coastal storm surges to penetrate farther inland.With higher global sea levels in 2050 and 2100,areas much farther inland would be at risk of being flooded.The extent of local flooding depends on factors like tides,natural and artificial barriers,and the contours of coastal land. Note.Local factors such as tides and coastal profile will influence extent of floodplain. extensive flooding than an identical storm in 1900,with (Cooper et al.2008).Some coastal wetlands and populated sometimes catastrophic damage to our homes and critical areas already flood regularly during particularly high tides infrastructure—as recent events have shown.In the future, (Brinkmann 2012).A rise of two feet above today's sea level with even higher sea levels,storm surges could reach even would put more than$1 trillion of property and structures in further inland. the United States at risk of inundation,with roughly half of that value concentrated in Florida(Moser et al.2013).With More shoreline erosion and degradation.Sea level rise these changes,saltwater could also reach further into coastal increases the potential for erosion by allowing waves to groundwater,increasing the salinity of freshwater used for penetrate further inland,even during calm weather(Zhang drinking and agriculture." et al.2004).Indeed,the rate of land loss from erosion can be 100 times greater—or more—than the rise in sea level itself (Cooper et al.2008;Zhang et al.2004).13 In many parts of the Responding to Sea Level Rise:Choices, United States,erosion and development have already lowered Opportunities,and Risks natural coastal defenses.These changes have left us more vulnerable to storms,and forced investments in expensive With sea level rise well under way,coastal communities from measures such as repeated beach replenishment and construe- Alaska to the Florida Keys are grappling with difficult choices tion of artificial barriers(Moser,Williams,and Boesch 2012). on how to respond to this growing threat.More and more communities will need to weigh the costs and risks of accom- Permanent inundation.As sea level rises,the ocean is poised modating the rising seas,retreating from them,or trying to to gradually claim low-lying coastal lands;small increases in defend coastal properties and infrastructure with a variety of sea level can produce significant inundation in these areas protective measures. emerge.We will also develop a deeper understanding of the Making deep reductions in risks and tradeoffs we face in confronting climate change.In global warming emissions weighing the best options for each unique coastal commu- nity,we will also need to share experiences and coordinate • is one of the best ways to policies and actions across local,state,regional,and national jurisdictions. limit the magnitude and O'` However,even as we work to adapt to unfolding climate pace of sea level rise, and change,deep reductions in our global warming emissions remain one of the best ways to limit the magnitude and pace the costs of adapting to it. of sea level rise and cut the costs of these adaptations. ENDNOTES Traditional defensive approaches-such as building 1. For much of the twentieth century,thermal expansion accounted for the seawalls and levees,or replenishing sand along eroded majority of global sea level rise.However,from 1993 to 2007,that share beaches-can help protect against flooding and damage but dropped to about 30 percent. 2. Local sea level is a combination of global sea level and other factors.These may not provide adequate or sustainable protection over the factors include sinking or rising of land and changing regional ocean currents. • 3. A range of factors beyond thermal expansion and the shrinking of land ice long term(Moser,Williams,and Boesch 2012).Maintaining can contribute to sea level rise,though their significance varies by location. or restoring natural buffers,such as barrier islands,tidal These factors include: wetlands,and mangroves,can also help defend coastlines, • Groundwater depletion,which reduces the amount of water stored below ` while providing additional ecosystem services(Jones,Hole, the land surface and results in a net transfer of water into the oceans (Konikow 2011). and Zavaleta 2012;Colls,Ash,and Ikkala 2009).Elevating and • Decreasing ocean salinity,which causes seawater to expand(Ishii et al. flood-proofing structures,using land for temporary purposes 2006;Antonov,Levitus,and Boyer 2002). • Geological uplift or subsidence of coastal areas,which can affect local when it is not flooded,and constructing channels are exam- rates of sea level change dramatically(Anderson,Milliken,and Wallace pies of measures that can help accommodate both temporary 2010). • Changes in the path or strength of ocean currents(Ezer et al.2013; flooding and gradual inundation of low-lying areas(Kimmel- Sallenger,Doran,and Howd 2012). man 2013).Some of the most vulnerable coastal communities • Volcanic eruptions,which tend to cool the oceans and slow thermal expansion(Church and White 2006;Church,White,and Arblaster 2005). F may increasingly need to consider the stark option of some 4. These areas have a 1 percent annual chance offlooding(that is,a 100-year form of retreat from the rising seas. flood)(Crowell et al.2010). • i Over time our choices may change as sea level rise fore- 5. Since 1900,global sea level has risen by an average of 0.07 inch per year (Church and White 2011).Most U.S.coastlines have seen rising sea levels closes certain options,or new solutions for building resilience since the 1950s(NOAA 2012a). 6. As part of the water cycle,rainwater that percolates into underground aquifers slowly flows into rivers or the ocean over the course of thousands or, in some cases,millions of years(Bentley et al.1986;Castro and Goblet 2003). 1 >, l f" When we pump groundwater out of aquifers for human uses,some of that Ir m I ancient water quickly ends up in rivers and reaches the ocean much more in Kr per-`_ s rapidlythan it would naturally.The cumulative effect of this enhanced flow 1 is a rise in global sea level(Konikow 2011;Domingues et al.2008;Witze 2008;Howat,Joughin,and Scambos 2007). 1 7 Sea level rise along much of the eastern North American coast has exceeded " 11 $° SA the global average since 1955.Rates of change are highest along the 't , Gulf Coast. , a•u ntr»r • # iy 8. Satellite altimetry recorded a global sea level rise of 0.13 inch per year from 1993 to 2009-nearly twice the twentieth-century average rate measured by e - t ,._ tide gauges(Church and White 2011).The National Oceanic and Atmospher- - , - is Administration(NOAA)recommends using the lowest scenario only where r there is a"great tolerance for risk"(NOAA 2012a). R .t r-,. 9. The highest end of the range assumes a more accelerated rate of ice melt.An intermediate-high scenario(four feet by 2100)assumes continued high ., global warming emissions and active loss of land ice.An intermediate-low '" scenario assumes aggressive cuts in emissions and limited loss of ice sheets. ,.....-^- - _ • • _ Studies that apply information on the relationship between global tempera- * , tore and sea level to a future with higher emissions project a rise in the range of 3.9 feet by 2100-the intermediate-high scenario(Jevrejeva,Moore,and 7'"' o -.,..•='R"" "' -�- _ Grinsted 2010;Vermeer and Rahmstorf 2009;Horton et al.2008).These ` - '' --- ' - F_�7 - ""C -��'''• -. "R � models were run using a range of scenarios from the Intergovernmental Florida is already experiencing local sea level rise and worsening storm surge. Panel on Climate Change.The figure of3.9 feet is based on theAlB scenario. Homes,businesses,and vital infrastructure along many parts of its Atlantic 10. NOAA has recommended incorporating local and regional factors into coast,including Fort Lauderdale(above),regularly face flooding during high projections of global sea level rise to assess risk and make coastal planning tides.Local sea level rise is damaging unique ecosystems and will also increase decisions.The agency recommends using a lower-risk scenario to evaluate the risk of salt water entering groundwater aquifers. short-term,low-cost projects,such as whether to pursue seasonal construc- tion,while using a higher-risk scenario to evaluate new long-term infrastruc- Cogley,J.G.2009.Geodetic and direct mass-balance measurements: tore projects such as power plants(NOAA 2012a). Comparison and joint analysis.Annals of Glaciology 50:96-100. 11 Coastal shoreline counties are defined in NOAA 2012c.We exclude counties Colls,A. N.Ash,and N.Ikkala.2009.Ecosystem-based adaptation: bordering the Great Lakes from our population analysis(U.S.Bureau of the Census 2010). A natural response to climate change.Gland,Switzerland: 12. Data are available from NOAA's State of the Coast website:http:// International Union for Conservation of Nature. stateofthecoast.noaa.gov/coastal_economy/wcicome.html.Economic data Cooper,M.J.P.,M.D.Beevers,and M.Oppenheimer.2008.The include activity along the Great Lakes shorelines of Pennsylvania and New potential impacts of sea level rise on the coastal region of New York hut not along other Great Lakes shorelines. Jersey,USA.Climatic Change 90:475-492. 13. In parts of New Jersey,for example,the shoreline has retreated by nearly 120 feet for each foot of sea level rise over the past century,because of the Crowell,M.,K.Coulton,C.Johnson,J.Westcott,D.Bellomo,S. combined effects of erosion and sea level rise. Edelman,and E.Hirsch.2010.An estimate of the 11.S.population 14. 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Stanton,E.,and,F.Ackerman.2007.Florida and climate change:The Contribution of Working Group Ito the Fourth Assessment Report of cost of inaction.Medford,MA:Tufts University,Global Development the Intergovernmental Panel on Climate Change,edited by S.Solomon, and Environment Institute.Online at www.broward.org/Natural D.Qin,M.Manning,Z.Chen,M.Marquis,K.B.Averyt,M.Tignor,and Resources/ClimateChange/Documents/Floridajr.pdf H.L.Miller.Cambridge,UK,and New York,NY:Cambridge Strauss,B.11.,R.Ziemlinski,J.L.Weiss,and J.T.Overpeck.2012.Tidally University Press. adjusted estimates of topographic vulnerability to sea level rise and Meier,M.F.,M.B.Dyurgerov,U.K.Rick,S.O'Neel,W.T.Pfeffer,R.S. flooding of the contiguous United States.Environmental Research Anderson,S.P.Anderson,and A.F.Glazovsky.2007.Glaciers domi- Letters 7:014033. nate eustatic sea-level rise in the 21st century.Science 317:1064-1067; Trenberth,K.E.,L.Smith,T.Qian,A.Dai,and J.Fasullo.2007.Estimates doi:10.1126/science.1143906. of the global water budget and its annual cycle using observational Milne,G.2008.Flow the climate drives sea-level changes.2007 and model data.Journal of Hydrometeorology 8:758-769. Bullerwell lecture.Astronomy Et Geophysics 49:2.24-2.28. U.S.Bureau of the Census.2010.Population of U.S.cities.Washington,DC. Moser,S.C.,M.A.Davidson,P.Kirshen,P.Mulvaney,J.F.Murley,J.E. Online at www.census.gov. Neumann,L.Peter,and D.Reed.2013.Coastal zone development and Vermeer,M.,and S.Rahmstorf.2009.Global sea level linked to global ecosystems.In:Draft climate assessment report.Washington,DC:U.S. temperature.Proceedings of the National Academy of Sciences of the Global Change Research Program,National Climate Assessment United States of America 106(51):21527-21532.Online at www.ncbi. Moser,S.C.,S.J.Williams,and D.Boesch.2012."Wicked"challenges at nlm.nih.gov/pmc/articles/PMC2789754. land's end:Managing coastal vulnerability under climate change. Witze,A.2008.Climate change:Losing Greenland.Nature 452:798-802. Annual Review of Environment and Resources 37:51-78. Online at www.nature.com/news/2008/080416/full/452798a.html. National Oceanic and Atmospheric Administration(NOAA).2012a. Zecca,A.,and L.Chiari.2012.Lower bounds to future sea-level rise. Global sea level rise scenarios for the United States National Climate Global and Planetary Change 98-99:1-5.Abstract online at www. Assessment.NOAA technical report OAR CPO-1.Silver Spring,MD. sciencedirect.com/science/article/pii/50921818112001579. Online at httpWcpo.noaa.gov/sites/cpo/Reports/2012/NOAA_SLR_r3.pdf Zhang,K.,B.C.Douglas,and S.N.Letherman.2004.Global warming and National Oceanic and Atmospheric Administration(NOAA).2012b.Sea coastal erosion.Climatic Change 64:41-58. levels online.Online at http//tidesandcurrents.noaa.gov/sltrends/ sltrends.shtml. Carbon Fossil-fuel combustion, Land-use conversion, Cement CO1 —100' 1 Dioxide CO2 Production Methane CH4 Fossil fuels, Landfills 12' 25 Oxides N2O Fertilizer, Industrial processes,Combustion 1141 298 Tropospheric Fossil fuel combustion, Industrial emissions, Chemical hours- Ozone 03 solvents days N.A. CFC-12 CCL2F2 Liquid coolants, Foams 100 10,900 HCFC-22 CCI2F2 Refrigerants ! 12 1,810 Sulfur SF6 Dielectric fluid 3,200 22,800 Hexaflouride Pre-1750 Tropospheric Current Tropospheric Concentration3 Concentration4 (parts per billion) (parts per billion) Carbon Dioxide 280,0005 388,5006 Methane 700' 1,870/1,7488 Oxides 2709 323/3228 Tropospheric Ozone 25 34 CFC-12 0 .534/.5328 HCFC-22 0 .218/.19470 Sulfur Hexaflouride 0 .00712/.006738,'0 Source of graphical information and notes: Biasing,T.J.ad K. Smith 2011. "Recent Greenhouse Gas Concentrations." In Trends:A Compendium of Data on Global Change. Carbon Dioxide Information Analysis Cetner, Oak Ridge National Laboratory, US Department of Energy, Oak Ridge,TN, USA. http://cdiac.ornl.gov/pns/current_ghg.html Footnotes: 1. The atmospheric lifetime is used to characterize the decay of an instantaneous pulse input to the atmosphere,and can be likened to the time it takes that pulse input to decay to 0.368(We)of its original value.The analogy would be strictly correct if every gas decayed according to a simple exponential curve,which is seldom the case. For example, CH4 is removed from the atmosphere by a single process,oxidation by the hydroxyl radical(OH), but the effect of an increase in atmospheric concentration of CH4 is to reduce the OH concentration,which, in turn, reduces destruction of the additional methane,effectively lengthening its atmospheric lifetime.An opposite kind of feedback may shorten the atmospheric lifetime of N2O(IPCC 2007, Section 2.10.3). 2. The Global Warming Potential(GWP)provides a simple measure of the radiative effects of emissions of various greenhouse gases, integrated over a specified time horizon, relative to an equal mass of CO2 emissions. 3. Pre-1750 concentrations of CH4,N2O and current concentrations of 03,are taken from Table 4.1 (a)of the IPCC Intergovernmental Panel on Climate Change),2001. Following the convention of IPCC(2001), inferred global-scale trace-gas concentrations from prior to 1750 are assumed to be practically uninfluenced by human activities such as increasingly specialized agriculture, land clearing,and combustion of fossil fuels. Preindustrial concentrations of industrially manufactured compounds are given as zero.The short atmospheric lifetime of ozone(hours-days)together with the spatial variability of its sources precludes a globally or vertically homogeneous distribution,so that a fractional unit such as parts per billion would not apply over a range of altitudes or geographical locations.Therefore a different unit is used to integrate the varying concentrations of ozone in the vertical dimension over a unit area,and the results can then be averaged globally.This unit is called a Dobson Unit(D.U.),after G. M. B. Dobson, one of the first investigators of atmospheric ozone.A Dobson unit is the amount of ozone in a column which, unmixed with the rest of the atmosphere,would be 10 micrometers thick at standard temperature and pressure. 4. Because atmospheric concentrations of most gases tend to vary systematically over the course of a year,figures given represent averages over a 12-month period for all gases except ozone(03),for which a current global value has been estimated(IPCC, 2001,Table 4.1a). 5. The value given by IPCC 2001, page 185, is 280± 10 ppm.This is supported by measurements of CO2 in old,confined, and reasonably well-dated air. Such air is found in bubbles trapped in annual layers of ice in Antarctica,in sealed brass buttons on old uniforms,airtight bottles of wine of known vintage,etc.Additional support comes from well-dated carbon-isotope signatures,for example, in annual tree rings. Estimates of"pre-industrial"CO2 can also be obtained by first calculating the ratio of the recent atmospheric CO2 increases to recent fossil-fuel use,and using past records of fossil-fuel use to extrapolate past atmospheric CO2 concentrations on an annual basis. Estimates of"pre-industrial"CO2 concentrations obtained in this way are higher than those obtained by more direct measurements;this is believed to be because the effects of widespread land clearing are not accounted for. Ice-core data provide records of earlier concentrations. For concentrations back to about 1775, see A. Neftel et al. 6. Recent CO2 concentration(388.5 ppm)is the 2010 average taken from globally averaged marine surface data given by the National Oceanic and Atmospheric Administration Earth System Research Laboratory,web site: http://www.esrl.noaa.gov/gmd/ccgg/trends/index html#global. 7. Pre-industrial concentrations of CH4 are evident in the"1000-year" ice-core records in CDIAC's Trends Onlinehttp://cdiac.ornl.gov/trends/atm__meth/lawdome_meth-graphics.html. However,those values need to be multiplied by a scaling factor of 1.0119 to make them compatible with the AGAGE measurements of current methane concentrations,which have already been adjusted to the Tohoku University scale.Ten thousand-year records of CH4, CO2 and N2O, from ice-core data, are also presented graphically in IPCC 2007, (Figure SPM.1). 8. The first value in a cell represents Mace Head, Ireland, a mid-latitude Northern-Hemisphere site, and the second value represents Cape Grim,Tasmania, a mid-latitude Southern-Hemisphere site. "Current"values given for these gases are annual arithmetic averages based on monthly background concentrations for October 2009 through September 2010. The SF6 values are from the AGAGE gas chromatography-mass spectrometer(gc-ms)Medusa measuring system. 9. Source: IPCC(2007).The pre-1750 value for N2O is consistent with ice-core records from 10,000 B.C.E.through 1750 C.E. shown graphically in figure SPM.1 on page 3. 10. For SF6 data from January 2004 onward see http://cdiac.ornl.gov/ftp/ale_gage_Agage/AGAGE/gc-ms-medusa/monthly/. For data from 1995 through 2004, see the National Oceanic and Atmospheric Administration(NOAA), Halogenated and other Atmospheric Trace Species(HATS)site at: http://v`ww.esrl.noaa gov/gmd/hats/airborne/index html. f f ` Book 142 Page Agenda Item 12 Meeting of 10/5/16 RESOLUTION 2016-13866 A RESOLUTION EXPRESSING SUPPORT FOR THE HARVARD. 4DUATE SCHOOL OF DESIGN PROJECT ("THE HARVARD PROJECT") TO STUDY THE IMPACTS OF SEA LEVEL RISE FOR COASTAL COMMUNITIES IN SOUTH FLORIDA, :A. -MULTI CQUNTY, SOUTH FLORIDA INITIATIVE; DIRECTING THE CITY CLERK TO TR SMT A COPY OF• ;THIS RESOLUTION TO THE COLLIER COUNTY BOARD OF COUN+Y COMMISSIONERS;:AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 21, 2016, Nader Ardalan, a Senior Adviser with The. Harvard Graduate School of Design, submitted a proposal for The Harvard Project to Collier County; and WHEREAS, on September 19, 2016, Nader Ardalan presented The Harvard Project to the City of Naples City Council; and WHEREAS, The Harvard Project consists of a 21/2 year study with a proposed Collier County sponsored research budget of$350,000 that would be matched by a $150,000 of in-kind contributions by Harvard; and WHEREAS, it is the intent of the Naples City Council to help citizens become more aware of any consequences, both social and environmental, that may result from the impact of near-future sea-level rise and storm surge; and to assist the community and its policy-makers to develop appropriate planning strategies; and WHEREAS, the proposed study can be of significant value to Collier County, its municipalities, its natural resource managers and not-for-profit environmental organizations; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the Naples City Council supports The Harvard Graduate School of Design Project, 'The Harvard Project", to study the impacts of rising sea levels on the economy, infrastructure, land use, ecology, and quality of life for coastal communities in South Florida, including the City of Naples and Collier County. Section 2. That the study could aid the Naples City Council and the Collier County Board of County Commissioners to formulate strategies appropriate for the impacts of sea- level rise and storm-surge. Section 3. That the City Clerk is hereby directed to transmit a copy of this Resolution to the Collier County Board of County Commissioners. Section 4. This resolution shall take effect immediately upon adoption. Book 142 Page • Resolution 2016-13866 Page 2 PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 5Th DAY OF OCTOBER, 2016. Attest: ;, , , P.tricia� m ,�ir I�,€1 Mira rnett, ayor Approved as hi;,f$Ai' rad7egatity: Robert D. Pritt, City A • ey M:1REF\C O U N C!L1RES1201612016-138 66 Date filed with City Clerk: /0 s-r� ) �+e t,OC �°litl(c PAM ere- WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW October 10, 2016 CRAIG R WOODWARD Board Certified:Real Estate MARK J.WOODWARD Honorable Donna Fiala Via Email and Hand Delivery Board Eartifted:Rodhearse Chairman Collier County Commission ANTHONY P.PIBES,JR Board of County Commissioners Berard Certified:Cir);County: and L,kalcrwrminent 3299 Tamiami Trail East, Suite 303 J.CHRISTOPHER LOMBARDO Naples, FL 34112 Board Certified:Maris l a"dFarnflylarw Re: 1. Objection To Agenda Item 10C (Packet Page 249) On 10-11-16. — — 2. Request For Change of Hearing Date As To Various Appeals Concerning Parking Reduction for the Beach Box Cafe/Beach Box Property.' ROBERT F.MURREL.L Of Counsel Dear Commissioner Fiala: CATIIRLNE A.HUNTER IJ..M.(Taxation) I represent the following individuals/persons and/or entities ("Parties") who filed the timely Appeal PL20160001347 ("Residents Appeal") and who are JENNIFER L.DEVRIES participants in and parties to Appeal PL2016002324 ("Vaguna Appeal"): JENNIFER M. TENNEY • Rande A. and Dixie Lee McAllister LENORE T. BRAKEFIELD • Maureen and Phillip C. Brumbach. MATTHEW P.FLORES • Garlock, LLC, a Florida limited liability company. J.TODD HUBBELL • South Bay Realty • The Beachmoor Condominium Owners Association, Inc., a Florida not for profit corporation. • The Vanderbilt Beach Residents Association, Inc., a Florida not for profit corporation. Both the Residents Appeal and the Vaguna Appeal involve an improperly granted parking reduction for property in Vanderbilt Beach referred to and known as the Beach Box Cafe/Beach Box Property. No prior notice was provided to either me or my clients that Item #10.0 was/would be on the County Commission Agenda for Tuesday, October 11, 2016. The existence of Item #10.0 was not brought to our attention by any Collier County REPLY TO: staff, even though my clients are Parties to the Resident's Appeal and are participants ® 3200 TAMIAMI TRAIL N. and Parties to the Vaguna Appeal. SUITE 200 NAPLES,FL 34103 239-649-6555 239-649-7342 FAX U 606 BALD EAGLE DRIVE 1 No rights, concerns, arguments, positions or objections of the Parties concerning SUITE 500 the Residents' Appeal and the Vaguna Appeal are waived by anything stated herein P.O. ONE MARCO ISLAND, or omitted herefrom and the right to present, make and submit additional motions, ND.FL FL 34146 g 239-394-5161 objections, arguments and materials before the BCC/BZA is again specifically 239-642-6402 FAX reserved. The Parties reserve the right to make additional objections, filings and WW.WPL—LEGAL.COM submittals to protect their interests and to ensure the due process rights of the Parties in the Residents' Appeal and the Vaguna Appeal. 1 On September 27, 2016 the Parties filed a Request for Change of Hearing Date to have the Residents' Appeal and Vaguna Appeal heard and considered after November 22, 2016. Attachment A. On September 27, 2016 I also requested that the Request for Change of Hearing Date be placed on the October 11, 2016 BCC Agenda. Attachment B. The only response I received from County staff concerning my request to be heard on the October 11, 2016 Agenda was on September 28, 2016: "I have been in discussion with the County Manager's Office and they are determining if the request will be heard at the October 11th BCC public hearing. As that discussion progresses I will provide an update to all parties." No updates were provided until I emailed Mile Bosi on October 6, 2016 after becoming aware of Item #10.C. Even though opposing counsel agreed to have the Request for Change of Hearing Date heard by the Board on October 11, 2016 (see Attachment C) Request for Change of Hearing Date is not on the October 11, 2016 BCC Agenda. 1. ITEM #10.0 SHOULD NOT BE APPROVED BY THE BOARD It is requested that the "stay" not be approved by the Board. One of the arguments raised in the Residents Appeal2 is that as a matter of law, by virtue of a current County ordinance, the Beach Box Cafe/Beach Box Property cannot rely upon parking availability at the Vanderbilt Beach Garage. Collier County Ordinance No. 2010-29, Section 4 (codified as Section 130-79, Code of Ordinances, Attachment D) is clear and unequivocal: Sec. 130-79. - Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. Collier County Ordinance No. 2010-29 was adopted on July 27, 2010. A copy of the Executive Summary for that item is attached as Attachment E. The reasons and basis for Ord. No. 2010-29 are as valid now as they were in 2010: that beach access parking is"..to provide adequate parking and beach access parking for Collier County citizens and residents." As additional support for not approving the recommended course of action as outlined in Item #10.0 we offer the following: A. The "Amendment Of Restrictions And Protective Covenants" recorded at O.R. Book 3460, Page 1484, Public Records Collier 2 One of many arguments. 2 County, Florida (Attachment F) requires in Paragraph 4 that the Vanderbilt Beach Parking Garage "....shall be closed daily no later than one hour after sundown. ("Closing Time"). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than closing time except as agreed to the writing by WCI, the County and Host." 3 B. Recent news articles, the Naples Daily News online article on Sunday, September 18, 2016 and the News-Press article of Monday, September 19, 2016 titled "Beach Out of Reach". Attachment G. These articles detail in great specificity the difficulty of inland residents of Collier County finding public beach parking. My clients are of the belief that it would be unconscionable for this Board to further exacerbate the beach parking situation by approving Item #10.C, which appears to be tailored to address the parking reduction, granted and then, upon further review, denied, for the Beach Box Cafe/Beach Box Property. As noted above the Beach Box Cafe/Beach Box Property is the subject of pending appeals to the Board of County Commissioners/Board of Zoning Appeals ("BCC/BZA') concerning reduced parking. 2. REQUEST FOR CHANGE OF HEARING DATE FOR THE APPEALS CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY As noted above, on September 27, 2016 on behalf of my clients I filed a Request for Change of Hearing Date for the residents' Appeal and Vaguna Appeal. At the same time, I also submitted a letter requesting that the matter be considered on the October 11, 2016, Board of County Commissioners Agenda. See Attachments A and B. Counsel representing the Beach Box Property agreed to having the Board hearing the Request For Change Of Hearing Date on October 11, 2016. As this item is now before the Board by virtue of Agenda item #10.C. It is respectfully requested that the Board of County Commissioners: A. hear, consider and grant the Request For Change Hearing Date; and, B. schedule both the Residents' Appeal and the Vaguna Appeal after November 22, 2016 and thus not be heard by the BCC/BZA until after November 22, 2016. Respe� :1 � •�tte. 'on •ire-, Jr:.Pq. Enclosure(s) Cc/with enclosure(s): Board of County Commissioners Jeffrey Klatzkow, Leo Ochs, Mike Bosi 3 Host is owner of the site where the Ritz-Carlton is located. 3 ATTACHMENT A TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE Anthony Pires From: Anthony Pires Sent: Tuesday, September 27, 2016 3:30 PM To: BosiMichael (MichaelBosi@colliergov.net); 'DonnaFiala@colliergov.net Cc: 'AshtonHeidi'; 'MichaelBrownlee@colliergov.net; 'DonnaFiala@colliergov.net, 'LeoOchs@colliergov.net; Klatzkowieff Subject: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Attached please find the attached: 1. Request For Change of Hearing Date (with Exhibits). 2. Correspondence asking for the Request For Change of Hearing Date to be heard by the Board of County Commissioners on October 11, 2016. Respectfully submitted Tony Anthony P. Pires, Jr., B.C.S. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 (itir239-649-6555 Phone 239-649-7342 Fax apires@wol-lectal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 1 PANI WOODWARD, PIRES & LOMBARDO, P.A. EST 1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD PKosci Cerosed:Rent Estate MARKJwooDwwARD Honorable Donna Fiala VIA EMAIL BnrdCeni6a1:1t 1Esrne Board of County Commissioners ANTHONY P.PIRES.JR Collier County, Florida BoatdCard6etcit);C4'urmt C/O Michael Bosi, AICP are Local Goacmnrnt 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Baud Certified:Marital p and Family Law Re: REQUEST FOR CHANGE OF HEARING DATE CATH RINE A.HUNTER APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- 1.1..M.(zat»n) evaluation and Re-issuance of Administrative Parking Reduction, APR- PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued JENNIFER L.DEVRIES May 18, 2016 but dated May 18,2015 (the"APR Re-Issuance") JENNIFER M. TENNEY AND LENORE T BRAKEFIELD APPEAL PL20160002324 (the "Vaguna Appeal", filed on or about September 7, MATTHEW P.FLORES 2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 JOSEPH Ni.COLEMAN ("Beach Box Cafe"/"Beach Box Café Property''), (the"APR Denial") 001014,0 COLLECTIVELY "THE APPEALS". Dear Commissioner Fiala: As noted in the timely Residents' Appeal filing made on June 15, 2016, and in the supplemental filings made therein on June 17, 2016 and July 12, 2016, the listed parties to the Residents'Appeal (the"Parties")specifically reserved the right to further amend, modify or supplement their filing(s) and the Residents' Appeal with additional filings, arguments and materials. The outrageously reduced parking requirements granted by the APR Re- Issuance for the Beach Box Café and the Beach Box Café location is the subject REPLY To: matter of the Residents' Appeal and the August 12, 2016 APR Denial is the subject matter of the Vaguna Appeal. The Parties agree that the August 12, 2016 APR Denial 3200 TAMIAMISUITRAIL TE 200 should be upheld' and the Vaguna Appeal should be denied. NAPLES.FL 34103 139-649.6555 This filingis submitted on behalf of the Parties in the Residents' Appeal and 239-649.7342 FAX pp as part of the Vaguna Appeal and The Appeals. The Parties as participants in and J 606 BALD EAGLELID DRIVE parties to the Residents'Appeal, the Vaguna Appeal and The Appeals further reserve P.O.Box ONE the right to submit additional filing(s) of objections, arguments and materials in the MARCO ISLAND.FL 34146 239-394-5161 239.642.6402 FAX WWW.WPL-LEGAL.COM 1 The APR Denial should be upheld for the reasons stated therein, for the reasons and arguments stated in the Parties' Appeal submittals, and for any additional reasons that may be brought to the attention of the BCC/BZA. , 1 Residents' Appeal, the Vaguna Appeal and The Appeals including but not limited to outlining why the Vaguna Appeal should be denied and the APR Denial sustained. No rights, concerns, arguments, positions or objections of the Parties concerning the Residents' Appeal, the Vaguna Appeal or The Appeals are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional motions, objections, arguments and materials before the Board of Collier County Commissioners("BCC") and/or Board of Zoning Appeals ("BZA") is again specifically reserved. The Parties reserve the right to make additional objections,filings and submittals to protect their interests and to ensure the due process rights of the Parties in the Residents' Appeal, the Vaguna Appeal and The Appeals. STAFF STATED HEARING DATE Based upon a recent conversation with Michael Bosi and Heidi Ashton-Cicko, along with a follow up email (see Exhibit A), it is understood that an October 25, 2016 Public Hearing date has been selected by the County for the BCC, sitting as the BZA, to hear the Vaguna Appeal. It is my further understanding from that recent conversation that all of the issues raised by the Parties in the Residents'Appeal'will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. REQUEST FOR CHANGE OF HEARING DATE UNTIL AFTER NOVEMBER 21. 2016 The Parties are and will be substantially affected by any decision of the BCC/BZA in the Residents' Appeal, the Vaguna Appeal and The Appeals and are entitled to have an impartial decision-maker hear and consider the Residents' Appeal, the Vaguna Appeal and The Appeals. Based upon the arguments below, and others that may be made before the BCC/BZA, the Parties in good faith request that all matters before the BCC/BZA concerning the Beach Box Cafe/Beach Box Café Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, be continued until after November 22. 2016 and not be heard by the BCC/BZA until after November 22, 2016.There will be no prejudice to the applicant in the Vaguna Appeal. BASIS FOR REQUEST The following is provided in support of this request: 1. The members of the BCC comprise the BZA. In hearing any Appeal, the BCC/BZA will be acting in a quasi-judicial capacity. The BCC/BZA is the decision-maker in the Residents' Appeal, the Vaguna Appeal and The Appeals. An impartial decision-maker is a basic component of minimum due process in quasi-judicial proceedings. See Charlotte County v. (MC — Phosphates Company, 824 So.2d. 298, 300-301 (Fla. 1s' DCA 2002); Cherry Communications, Inc. v. Deason, 652 So.2d. 803, 804-805 (Fla. 1995) ("[I]n our adversarial system of justice, which places a premium on the fairness of the judicial or quasi-judicial procedure, the decision maker must not allow one side in the dispute to have a special advantage in influencing the decision."). 2. The Hon. Georgia Hiller is currently a member of the BCC/BZA. Ms. Hiller ran for another elected office and by virtue of Florida's Resign-To-Run law, Commissioner Hiller was required to submit her letter of resignation as a County Commissioner, which 2 And all materials filed and to be filed in the Residents' Appeal will be presented to the BCC/BZA at the hearing on the Vaguna Appeal. 2 resignation means that Commissioner Hiller's last day on the BCC/BZA will be November 21, 2016. 3. On August 4, 2016, Commissioner Hiller conducted a campaign/election event, a `get out the vote" or "fundraiser", at the Beach Box Cafe (the "Event") at the Beach Box property. 4. Various postings on-line and various photographs (attached Composite Exhibit "B") show that: A. The Event took place on August 4, 2016 at the Beach Box Café. B. The Event was promoted on the Beach Box Café website. C. The Event was noted on Commissioner Hiller's Facebook election website. D. The Event was in part "hosted" by Gary Brecka and "BRAVE COLLIER". Gary Brecka is listed as President of an entity named B.R.A.V.E. COLLIER and Gary Brecka is identified in various documents as one of the owners of the Beach Box Café and the Beach Box Condos located on the same land as the Beach Box Café. E. The Event was in part "hosted" by Patrick Dearborn Team. Patrick Dearborn Team has an office at the Beach Box Cafe, location, 9000 Gulfshore Drive. 5. As of the date of the Event, no less than six (6) outside picnic tables were in place and utilized at the Beach Box Café. There was an open code enforcement case, pending since April 23, 2015, concerning the improper placement and use of picnic tables at the Beach Box Café. See attached Exhibit"C". 6. By way of multiple emails from Collier County staff to Commissioner Hiller under the heading of "Code 5461 Hiller", beginning in May of 2015 and including emails as recently as August 29, 2016, Collier County staff provided frequent updates to Commissioner Hiller as to the status of various matters relating to the Beach Box, none of which were known to or shared with the Parties prior to September, 2016, and only after receipt of records pursuant to a public records request. See attached Exhibit "D". Based on the foregoing my clients, the Parties: 1. Have a well-founded fear that Commissioner Hiller will be biased in favor of Vaguna. the Beach Box Café, Brecka and any other person or entity associated with the Beach Box Café or Beach Box Café Property and that if heard by the BCC/BZA prior to November 22, 2016, the Parties will not have an impartial decision-maker hear and consider any matter or appeal concerning the Beach Box Cafe or Beach Box Cafe Property, including but not limited to the Residents' Appeal, the Vaguna Appeal and The Appeals, if heard by the BCC/BZA prior to November 22, 2016. 2. Have a well-founded fear that they will not be afforded minimum due process if the Residents' Appeal, the Vaguna Appeal or The Appeals are heard by the BCC/BZA prior to November 22, 2016. 3. Request that no hearing of the Residents' Appeal. the Vaguna Appeal or The Appeals by the BCC/BZA be held or conducted until after November 22, 2016. 3 Based upon the foregoing, the Parties in good faith respectfully request that this not be heard by the BCC/BZA until after November 22, 2016. Respectfgy.s9t fitted, . f J y \` ''''/ ,,,,L,,,,,, 7 j\ ` nth+ny P. P; _ es'"Jr. Esq. ; APP/Ig Enclosure(s) Cc w/Encl.. Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs. 4 EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE Anthony Pires Le From: BosiMichael <MichaelBosi@colliergov.net> Sent: Friday, September 23, 2016 8:37 AM To: Anthony Pires Cc: AshtonHeidi Subject: RE:STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 3 Good Morning Tony. Yes,we have the ad request to the clerk,as soon as I receive confirmation it's all set I will send out a confirmation e-mail. Have a great day, mike From: Anthony Pires (mailto:APires@wpl-legal.com] Sent: Friday, September 23, 2016 8:31 AM To: BosiMichael Cc: AshtonHeidi Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good morning Mike. As a follow up to our meeting last week, is October 25, 2016 still the staff- planned date for the Board to hear the Beach Box matter? Thanks Tony ) C From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:Tuesday,September 13, 2016 10:36 AM To:Anthony Pires<APires@wpi-legal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good Morning Tony, Yesterday we entered the appeal in the system. Here is project identifier- PL20160002324 If you go to the following link,enter the number and then click on submittals,you will have the full packet available. Planning Application Search - Cit‘View Portal Sincerely, mike From: Anthony Pires [mailto:APires(awpl-legal.com] Sent: Tuesday, September 13, 2016 9:56 AM To: BosiMichael Cc: AshtonHeidi Subject: RE: STATUS Beach Box (PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12, 2106 as to the Beach Box? c 1 Thanks Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent: Friday, September 02, 2016 2:15 PM To:Anthony Pires<APiresPwpl-Iegal.com> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Tony. S of today,there has been nothing submitted regarding the denial letter. Have a great weekend, mike From: Anthony Pires [mailto:APireswpl-legal.com] Sent: Friday, September 02, 2016 1:46 PM To: BosiMichael Cc: AshtonHeidi Subject: STATUS Beach Box(PL-15-1992)-Denial based upon Ordinance 2010-29 Good afternoon Mike. Have any filings or submittals been made since August 12, 2106 as to the Beach Box? Thanks Tony From:OssorioMichael [mailto:michaelossorio@colliergov.net] Sent: Monday,August 29, 2016 3:34 PM To:Anthony Pires<APires@wpl-legal.com> Subject: RE: STATUS OF CELU20150008262 Tony fyi, The Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP P120150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APires@wol-legal.com] Sent: Monday,August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Hello Mike, Could you kindly advise of the status of your review? Thank you, Tony 2 From:OssorioMichaelI _iit Sent: Friday, August 19, 2016 11:31 AM To: Anthony Pires<11-)!I _ > Subject: RE: STATUS OF CELU20150008262 Gcod morning Mr. Fires, I wriII he revieu,ving this code case in detail next Thanks. Mike Ossorio From: Anthony Pires Sent: Thursday, August 18, 2016 1:59 PM To: OssorioMichael Subject: STATUS OF CELU20150005262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use rgulations and the use of the property variously known as 9020 Gulf Shore Drive(Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262. as reflected today on the County's website. See also photos taken over the 4t'' of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P Fires. Jr., B C.S. Woodward. Fires & Lombardo. P A. 3200 North Tamiami Trail Suite 200 Naples. Florida 34103 239-649-6555 Phone 239-649-7342 Fax apices @ wpl-IegaLcom Firm Website: Hutt ; nr ,:rrir.., [ . rf; r r1i I' rr ; , �t 1irl:.. rt , r:• r r , , , , Illy,- tr, r '.-.. •, :if i _i.�. tl [', I. -illi - � � , i,.i,. _ _ i ti'.'rte 3 EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE ••••0 Verizon 3G -,:7 8:04 AM 58%ICJ [I) beachboxcafe.com X [ + r---1] .,, Naples Daily News News Press National Hurricane Center Declaration of Independence -Text Transcript I ••• 1 i „w :Nri t',1 1: i ' , \: Ik IA, 1411 k h ' • 1 1 1 I i / II ,1 \:••:-.,:".1) - tv -tI i I ,4 1 ,i A kk.,z‘..•:, ,, b I. i! li —.I , BEACHB. X te, Locc&i.ovk AbottE Sus Ecki.vkabi.Li.E.) • Co olacE . - si....ui ctf .-‘• '' : I, 111111111fillitib..7W,:d. • '` C.o.l.e..14.ackr 239-301- 0950 , --.....„, ,,,, Beach Box .., i ‘ ' , I ; / \ . • r/r . \i, \ \ The \ / \, .. --;$ i .,. , ,,, \ . Condos le.• .. • \ , te ,, —- I Join Our Mailing Lis 14,,,-, Email Address —. ......- ,*"1":19:,': :,.. Subscribe GM PARTY with Georgia! al e _ AUGUST ,-- . ... . r .... ..471. TIJILS IA0 TOMS I Ill, J., .61i C.t U NIGHT Georgia ilki Cicrls Cour c. 1 t, k '._ ,-7 • "... :..: '..... ° - :-. ._4-.. .431('- 4Salo ...— ,.. --:_i_•=:. ----7.... ...- -r--:-.- ......„..........4.-. - --..... - ..........y...t,a........- , A11111141111•MMIS III101M•Iel, , • f ,Er;- . . Beach Box poToester. art. -ow 73IT _, , .-- i beachboxcafe.com 0 COW PARTY with Georgia! AT THE BEACH BOX CAFE with D.J. Ceron! Thursday,August 4th 15-8 P.M. Georgialk ,, ,, . . :_ ,y_ Hiller Clerk, Courts f:. 4`. \,, ai c 0 0 0 1 J 1 3 1 i i 1 3 3 ' / C • X N co112 d a C N t6 ` • U d coHI r .., R d a ,. . 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See More .14, ,• r' dlhe icw Vote Georgia Hiller for Clerk + ABOUT .._„ .. t` "� , 4 vote Home i .... , + '•1. 'a = s PORI, � � � , , .� -� by G About � � 2016 r Photos 1iv i,4 eor C, Events C�'e r1{ Coelii 11 i. i*,..,-.-2140 .irm•r•.... Rept Likes . l. Videos - . • G►cC�rgla http: Posts Create a Page Like Comment Share PHOTOS Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- == this. Georgia Hiller • goVote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! Uctc 6' 2 Vote Georgia Hiller for Clerk 7,7.N: Thank vnr i to(`nIliar inn (NI rh -4 rncmnc Italian Cafa R, Di77 ria fnr an See more of Vote Georgia Hiller for Clerk by logging into Facebook ssagE, tiu S page, leaf(} acct.11 llpucimug events and mote, li YGII Lidii t rfa,rr: Facehook account, you can create one to see more of this Page. 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FLORIDA DEPARTMENT OF STATE N,t 1 • t • Altai '• • t , • Home Contact Us E-Filing Services Document Searches Forms Help Detail by Entity Name Florida Not For Profit Corporation I B.R.A.V.E. COLLIER, INC. Filing Information Document Number N16000007473 FEI/EIN Number NONE Date Filed 07/29/2016 Effective Date 07/29/2016 State FL Status ACTIVE Principal Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Mailing Address 9020 GULF SHORE DRIVE NAPLES, FL 34108 Registered Agent Name&Address GOEDE, ADAMCZYK, DEBOEST&CROSS, PLLC 8950 FONTANA DEL SOL WAY FIRST FLOOR NAPLES, FL 34109 Officer/Director Detail Name & Address Title P BRECKA, GARY 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title VP STOCK, BRIAN 9020 GULF SHORE DRIVE NAPLES, FL 34108 Title TR DEARBORN,PATRICK 9020 GULF SHORE DRIVE NAPLES, FL 34108 Copyright C and Rrvacv Fb{rwc State of Fbnda,Department of State I of 3 9/27/2016 2:14 PM Detail by Entity Name hop://search.sunbiz.org/tnyuiry/Corporal onSearch/SearchRe'sultDctai.. C CROSS, BRIAN 8950 FONTANA DEL SOL WAY, FIRST FLOOR NAPLES, FL 34109 Title D WRIGHT,JEFFREY 8950 FONTANA DEL SOL WAY, FIRST FLOOR NAPLES, FL 34109 Annual Reports No Annual Reports Filed Document Images 07/29/2016-- Domestic Non-Profit View image in PDF format C i I C i 2of3 9/27/20162:I4PM Exhibit "D" BosiMichael From: Gary Brecka[gary.brecka@beachboxcafe.com] Sent: Wednesday,April 13, 2016 3:32 PM To: NickCasalanquida@colliergov.net; BrockMaryJo; KlatzkowJeff; BosiMichael; WilkisonDavid Cc: John Marques; Ralph Cioffi: Pritt, Robert Subject: No Action Need/Re Beach Box Cafe Administrative Parking Reduction Attachments: 4.13.16 BBC Petition Survey.pdf; Collier asked to consider more Vanderbilt Beach parking for Beach Box Cafe.pdf; Commissioner Letter Pat Dearborn John R Woods.pdf; Dan Clark Commissioners Letter BBC.pdf; Naples Daily Article w commentsl png; Naples Daily Article w comments2.png; Naples Daily Article w cornments3.png; Naples Daily Article w comments4.png; Naples Daily Article w comments5.png; Quinn Boards Letter of Support.pdf: Vesci Parking Letter Beach Box Cafe.pdf Dear Commissioners, On April 12th you were asked by Mr.Anthony P.Pires on behalf of the Vanderbilt Beach Residents Association to reconsider the administrative parking reduction properly granted by your staff to the Beach Box Cafe. To date,you have only heard from the Plaintiff in this matter who's self serving interests are to have our restaurants parking consideration reversed by the county. However,you were not given the whole picture. The vast majority of the local business and residents of Vanderbilt Beach are in favor of the existing parking reduction as it allows persons who are already at Vanderbilt Beach to walk off the beach and return to the beach after having a place to sit down and eat and drink within walking distance. You will see that the Beach Box Café is considered by most local residents and businesses to be a public service to the busiest public beach in our county. (Vanderbilt Beach) While the complaint seems to stem from several local business,of the 5 letters that were submitted to the commissioners, 4001 two of those business have no issues at all with the parking decision,and are not seeking the reversal,and the other 3 business have never contacted us to even make us aware that there was any problem with the Beach Box Patrons using their parking spaces. In fact,these business did not write these letters of their own accord,each of them was solicited by the Vanderbilt Beach Residents Association to write letters appearing to support the reversal of the County's parking decision as is evident in the letter from the Vanderbilt Beach Resort Hotel. We are within walking distance,a phone call,email or text away from easily being able to sit down with any of our neighbors and work together to solve the issues that face us as local business. Having not ever brought this to our attention, but rather going straight to the county commissioners quite frankly, blind sided us. In short,please allow me to explain what you will see in the attachments hereto. I would also like to note that the Beach Box Café has had scarcely 24 hrs to respond since yesterdays hearing but the outcry and response to this assault on the county's decision has been overwhelming. Essentially,the loud vocal outcry of few,pretending to speak for many. 1. Letter from Mari Vesci/John R Woods (tenant in same building) requesting the county to leave the decision alone 2. Letter from Patrick Dearborn (local resident, John R Woods board member) requesting the county to leave the decision alone 3. Letter from Dan Clark (local resident of SouthBay Drive) requesting the county to leave the decision alone 4. Letter from Scott Quinn/Quinn Boards(former local business) requesting the county to leave the decision alone 5. Survey/Petition of 24 (so far, we will continue until we have over 100, or more if needed)visitors to Beach Box Café showing of 24 people, only 2 of the 24 people drove here for Beach Box Cafe. The rest either biked or walked, or drove here to visit the beach and walked off the beach to the Beach Box Café. ANN 1 6. Naples Daily News Article and corresponding public comments to demonstrate the public opinion of this ? 0 topic.There are over 30 comments from the public(this is the Naples Daily New's Facebook post and has ( nothing to do with Beach Box Cafes page or patrons) 7. Naples Daily News article shows South Bay Realty's Sebastian Paguni (who previously wrote a letter when solicited by the VBRA)retracting their statement publicly. 8. We are troubled that the Vanderbilt Beach Residents Association for which we have been members has declined to participate in our Beach Clean up events and other community programs but has orchestrated this action with the County without so much as even reaching out to us on the matter. We are literally 100 feet away. 9. I have personally met on more than 5 occasions with the Board of the Vanderbilt Beach Residents Association (and are willing to meet again on this issue)and this issue was never brought up. This has not been mentioned once to us by the VBRA. We have never even been made aware that the association was 1 considering this to be such an issue. We would welcome a simple sit down. In short,we are asking the County Commissioners to stand by their staff members decision and hoping that the Vanderbilt Beach Residents Association and any of our neighboring businesses will sit down and meet with us to work on solutions, rather than hire lawyers,litigate,and sandwich the county in between private business interests. We want to work with our local business and residents, it is good for our business and good for our community. With Deepest Regards we ask the County Commissioners to stand by the staff members decision. Sincerely, Gary Brecka,Ralph Cioffi,John Marques Owners,Beach Box Café Vanderbilt Beach,FL 34108 (305)-9784480 Q I 0 2 beachboxcondos I ABOUT US Page 1 of 1 About Us ,beet Gary Brecka 8 Ralph Cioffi. . owners of Beach Box Cafe & Beach Box w`' r:.�: Condos Thank you for looking into a stay with us at the Beach Box Condos! My name is Gary,and my friend and business partner Ralph and!hope to meet as many of our guests as we can when they come to town.Our story is pretty simple...he and I came together a few years ago because we had a really cool idea to put a laid back, Jimmy-Buffet style healthy restaurant right on the most popular beach in Naples—with live music,drinks and great healthy food.So,we started building the Beach Box Cafe.....a friendly,clean place to eat,drink,enjoy some laid-back live music and the beach. That little vision grew and grew until we took over the the building that we put the restaurant in and decided that it was time to take it from it's 1982 roots into a beautiful 4 unit coastal-style Beach front bed and breakfast.We renovated the 4 units and left not a single stone unturned....we replaced,floors,appliances.kitchens,windows,doors,every shred of furniture...the works! This is like home to us. It's not just a property or a local restaurant.it's our"place",our place where we are raising our families.If you come downstairs for a coffee,you are likely to meet one of my three kids that worn at the restaurant(Madison.17.Cole 14 or Dylan is)or even my best friend."Jack"the black lab. (He's our official mascot). You could bump into one of Ralph's sons too(Andrew or Eric or his wife.Phyllis)and even see Ralph and r greeting guests,looking over the details or listening to our favorite musician. So please come stay with us...say hi,relax and i think you too will fall in love with the Beach Box family..see you soon! Gary Brecha Sr Ralph Cioffi http://www.beachboxcondos.com/about-us 9/23/2016 e 4 I 11T1t\���K.1A41t �fl 11:4::ft! DEARBORN F` April 13,2016 Dear Commissioners, My Family and I are proud full time Naples Residents for almost 13 years. I have been with John R.Wood Properties for more than 10 years, am a member of the Ritz Carlton Spa and a frequent visitor to the Beach Box Café and our John R Wood office located at 9000 Gulfshore Drive. My Family and I LOVE the Vanderbilt Beach area and also frequent the beautiful,public,Vanderbilt Beach(again for almost 13 years) It is because of my admiration for the Vanderbilt Beach area and the Beach Box Cafd(and all businesses in this area)I feel the need to comment on the VRBO's recent request for the commission to reverse a properly made,decision by the commissions own staff members. The administrative parking reduction that was properly granted to the Beach Box Café did not remove and does not seek to remove any physical parking spaces. This administrative reduction allowed Beach Box to provide the additional seating needed to serve the most popular beach in our County with the many patrons that arc already at the beach. The County decision to allow for a parking reduction for Beach Box has not created,nor has it added to the parking issues faced by Vanderbilt Beach. I truly believe this(as does my family and many many others I know). Vanderbilt Beach continues to experience an ever-increasing census of people visiting the arca,and during spring break weeks,at the height of our season and the most beautiful weather in months,the crowding is due simply to the attraction of our beautiful beaches and their amenities. Beach Box Café provides a much-needed public service to the beach by providing a solution for families to eat and drink at a reasonable price within walking distance of the beach. The crowds at the beach are ALREADY THERE TO ENJOY THE BEACH and are not there solely because of Beach Box. With more than 3 miles of private beach to the south of the Beach Box Café and the most popular Ritz Carlton in the world adjacent to this beach,the options for families to dine-in,grab an ice cream and drink are very,very limited. We applaud the county for it's foresight in granting the parking reduction and pray that the commission leaves a good decision alone so that the many public visitors to our beautiful beach can continue to have food and drink choices while they take in the best that Vanderbilt Beach has to offer. Sincerely, Po.4aau-t. Patrick Dearborn Director-John R Wood Properties Gulf Shore Magazine'2011-2016 FIVE STAR Real Estate Agent' 'Multi Million Dollar Producer 2004-2016' 239-877-4340 mobile 239-298-5352 office www.iLoveNaplesFLA.com John R. Wood Properties 1185 Immokalee Rd. Suite 300,Naples,FL 34110 N...„. •-., -... ... ...._., .... _ , .,_. .. ., ._ ,- . •. - ' _,._ _.._ _ Litt r-f-- ,..y- - , ... ... T.7/-1-- „L, - . - -I, AC. ' ' ' '.' lif V'ff. 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C EXHIBIT "C" TO REQUEST FOR CHANGE OF HEARING DATE a i Q c c ercop.,u't Report Title: Code Case Details Date 9/7/2016 1:40:21 PM Case Number: CELU20150008262 Case Number: CELU20150008262 Status Open Case Type. Land Use Date&Time Entered: 4/23/2015 12:39:19 PM Priority Normal Entered By boxheinz Inspector: JonHoagboon Case Disposition. Case Pending Jurisdiction Collier County Code Enforcement Origin Complaint Detail Description: Picnic tables observed at this location where property is not zoned for such i Location Comments: 9020 Gulf Shore Drive(Beach Box Cafe) Address 9020 Gulf Shore DR Property 79122440003 Property Owner VAGUNA CORPORATION Business Management & Budget Office 9 9 1 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Enter Initial Case Information boxheinz 4!2312015 4'23,2015 Complete Initial Inspection boxheinz 4/23/2015 4;23/2015 V olation(s) Observed approximately six picnic tables at Found this location violating zoning requirements...nov completed p c taken Record Violations boxheinz 4/23/2015 4/23/2015 Complete Attach Picture(s) boxheinz 4/23/2015 4123'2015 Complete Generate Notice of Viclation boxheinz 4/23/2015 4/2312015 Complete Personal Service Attempt boxheinz 4/23/2015 4'23/2015 Complete CE Mailing day_n 4/23/2015 4;23/2015 Complete Mailed NOV cert/reg to owner&agent CE Staff Review day_n 4/23/2015 4;2312015 Complete attached AOM CE Staff Review day_n 5/5/2015 5/5/2015 Complete attached green card from agent Re-Inspection JonHoagboon 5/25/2015 5/26/2015 Non- 05/26/15-Spoke with Ray Bellows on 5/21 Compliant He had met with respondent, John Marques, and they agreed that a modification of the SIP will be allowed Will continue to monitor for compliance actions JH48 CE Staff Review day_n 6/2/2015 6/2/2015 Complete attached returned NOV letter from owner ,Re-Inspection JonHoagboon 6/9/2015 6/9/2015 Non- 06/09!15-Spoke with respondent. John Compliant Marques on 06/05/15. He informed me that he had an additional meeting with Chris Scott on 06/03/15 going over planned changed to their SIP He will keep me informed of any further updates Continuing to monitor JH48 Re-Inspection JonHoagboon 6/30/2015 7!1/2015 Non- 06/30/15-No new updates since last, will Compliant continue to monitor for changes JH48 Re-Inspection JonHoagboon 7/22/2015 7/22/2015 Non- 07/22/15-Updated Jeff L on case, informed Compliant him on meetings between respondent Chris Scott. and Ray Bellows No further updates at this time, continuing to monitor JH48 Re-Inspection JonHoagboon 8.7/2015 817/2015 Non- 08/07/15- Spoke with John Marques Compliant (Respondent. 630-452-3743) He informed me that they have now hired a real estate property management company(Welsh Companies. 239-261-4744)to assist them w th their SIP changes Four new permits have been submitted on 7/27/15 for these various changes(PRBD20150724792 PRBD20150724794. PRBD20150724795 and PRBD2C150724797 )They are looking to eliminate a driveway and incorporate the benches that are at the source of this case in addition they have hired a"parking specialist" to assist them in this endeavour He sad that 3 more permits will be submitted soon Continuing to monitor JH48 rl 2 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 8/26/2015 812612015 Non- 08/26/15- Four new permits have been Compliant submitted on 7/27/15(PRBD20150724792 PRBD20150724794. PRBD20150724795. and PRBD20150724797.)Spoke with Jchr Pcdczerwinsky(Davidson Engineering)who was hired by the respondent. He will be assisting them with their SIP and parking issues. His contact info is 239-434-6060 Re-Inspection JonHoagboon 9/25/2015 9125/2015 Non- 09/25/15-In addition to the 4 permits noted in Compliant he previous update. another permit has been applied for Permit#PRBD20150930039 for a fence Continuing to monitor for SIP updates JH48 Re-Inspection JonHoagboon 10/23/2015 10/23/2015 Non- 10/23/15-All permits are currently valid, Compliant PL20150001922 has been opened for their Administrative Parking Reduction Monitoring JH48 Re-Inspection JonHoagboon 11/23/2015 1'12312015 Non- 11!23/15-All permits are still valid the Compliant majority of which have had expiration dates adjusted to 05/15/16 JH48 Re-Inspection JonHoagboon 12'2212015 12/22/2015 Non- 12/2215-All permits associated with the Compliant beach box have been finaled However. PL20150001922 is still open for their Administrative Parking Reduction PL20150001000 open for the Zoning Certificate, and PL20150002649 is open for their Site Improvement Plan Monitoring JH48 Re-Inscection JonHoagboon 1/22/2016 1/20/2016 Non- 1/20/16-All previously mentioned permits are Compliant active and going through inspections except PRHV20151031301 which is now finaied In • • addition. 2 new permits are in apply status • PRBD20160101196 for a new sign and PRFR20160100057 for removal of the old fire suppression system SIP is ongoing. JH48 Re-L,spection JonHoagboon 2123/2016 2/23/2016 Non- 2/23/16-So significant changes with permits Compliant regarding this case The only changes are to Permit#PRBD20160101196 which 1s under nspections commenced. while permit #PRFR20160100057 has beer issued Monitoring. JH48 Re-Inspection JonHoagboon 3!24/2016 3/24/2016 Non- 3/24/16-All permits have been finaled Compliant except Permit#PRFR2016010057 for "REMOVE NON-FUNCTIONAL FIRE ALARM SYSTEM PANEL AND ALL PERIPHERAL FIRE ALARM DEVICES&APPLIANCES THIS SYSTEM IS NOT REQUIRED"which •s under inspections commenced status Both PL20150002649-S.te Improvement Plan and PL20150001922-Administrative Parking Reduction remain active JH48 3 Code Case Details Execution Date 9/7/2016 1.40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 4/4/2016 4142016 Non- 4/4/16-Recieved e-mail from John Marques Compliant He provided a new contact. Ralph Cioff (rrcioffi@icloud corn) Jon stated"As I explained on the phone the county is ready to meet with us on the SIP I told Jon you were handling along with Davidson Engineering so I am cc'ing you both on an email so Ralph can take over from here on this.'W+II update case as soon as Mr Cioffi makes contact JH48 Re-Inspection JonHoagboon 4/21/2016 4/21/2016 Non- 4/21/16 E-mailed respondents, requested a Compliant meeting with all parties involved in order to go over site plan/case status JH48 Re-Inspection JonHoagboon 4/25/2016 4/25/2016 Non- 4/25/15-Per Jeff L. -'They are in Code Compliant compliance with everything but the outside picnic tables They are trying to incorporate these in with their SIP, however that is on hold while the civil challenge remains." Summary below Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP_ has hired Welsh Companies, (239-261-4744) along with Davidson Engineering(John Podczerwinsky 239-434-6060)to assist them with their SIP changes and parking reduction plans. However, a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA)The VBRA has challenged the County's decision to allow the parking reduction. as a result plans are on hold until the petition is heard Re-Inspection JonHoagboon 5/11/2016 5!11'2016 Non- SummaryRay Belllows has agreed that a Compirant modification of the Site Improvement Plan (SIP)for the Beach Box can go forward Respondent coordinating with Chris Scott on SIP, has hired Welsh Companies. (239-261- 4744)along with Davidson Engineering(John Podczerwinsky. 239-434-6060)to assist them with their SIP changes and parking reduction plans However, a pending civil action has recent)/been petitioned by the Vanderbilt Beach Residents Association(VBRA)The VBRA has challenged the County s decision to allow the parking reduction, as a result plans are on hold until the petition is heard .Re-Inspection JonHoagboon 6/212016 6/2/2016 Non- 7/2/16-My and Jeff Letourneau met with Compliant Michael Bosi. in order to get an update on PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box Mr Boss informed us that the Vanderbilt Beach Residents Assoc ation(VBRA)has until 7/17/16 to file an appeal to challenge the proposed Parking Reduction Monitoring JH48 E'', ,'r ess 4 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 7/5/2016 7/712016 Non- 7/716 - Myself and Jeff Letourneau met with Compliant Michael Bosi on 6/2/16 PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association (VBRA)They have until 7/17/16 to file an appeal to challenge the proposed Parking Reduction (If challenged. could push outcome until September(has to go before BCC first)Monitoring JH48 Re-Inspection JonHoagboon 7/20'2016 7'20/2016 Non- 7/2C/16-Teleconference held between Mr Compliant Bosi, Jeff Letourneau.and myself Respondent has to wait until a potential HEX ) hearing is held(re. PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged by the Vanderbilt Beach Residents Association )VBRA.).which is tentatively going to be scheduled until late September of this year Will update the case after that time JH48 CE Meeting JonHoagboon 7/20/2016 7,20/2016 Complete 7/20/16-Teleconference held between Mr Bosi. Jeff Letourneau, and myself Respondent has to wait until a potential HEX hearing is held(re. PL20150001922 (Administrative Parking Reduction)and PL20150002649(Site Improvement Plan)for the Beach Box are being challenged cy the Vanderbilt Beach Residents Association (VERA).which is tentatively going to he scheduled until late September of this year Will update the case after that time. JH48 CE Staff Review JonHoagboon 8..18!2016 8/18/2016 Complete 8/18/16-Met with JL34-Parking Reduction Plan has been denied Respondents to meet with Administrator will update case after meeting Jh48 CE Staff Review day-_n 8.-18/2016 8/18,2016 Complete 8/18/16- Please scan administrative documents into case•thanks'Jh48 Attached documents to case/rid ICE Staff Review KimberlyBran 8/19/2016 819;2016 Complete Pictures attach- 1-7/KB des CELU201500C8262081916Pict 1 CELU20150008262081916Pict 2 CELU20150008262081916Pict 3 CELU20150008262081916Pict 4 CELU20150008262081916Pict 5 CELU20150008262081916Pict 6 CELU20150008262081916Pict 7 'CE Staff Review letourneauj 8119/2016 8i19/2016 Complete Received an email from the attorney representing the Beachbox stating they plan to appeal the parKing plan denia;and asking for Code to hold off on further emfcrcement until that process is over I will discuss this with Kevin Noell next week for guidance on how to proceed Email attached to case JL#34 CE Staff Review day_n 8 25/2016 825:2016 Complete please scan lega'docs into case-thanks' attached legal docs;nd 5 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 10/3/2016 Pending Violation Description Status Entered Corrected Amount Comments Prohib ted Use NOV Issued 4/23/2015 SO Title r Reason Result [ Compliance ] Fine/Day I Condition .t :Thff 6 Anthony Pires From: Anthony Fires Sent: Thursday. ,August 18, 2016 1:58 PM To: 'michaelassorio@colliergov.net' Subject: STATUS OP CELU20150008262 Attachments: BEACH-BOX-APR-8-12-16 (2).pdf: CELU20150008262.pdf; 2ND SUPP. SUBMITTAL 7 12.2016.pdf Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously <nown as 9020 Gulf Shore Drive (Beach Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4'h of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR) (see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Fires. Jr. B C.S. Woodward, Pires & Lombardo. P.A 3260 North Tarniami Trail Suite 200 Naples. Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wpl-leaal.com F.rm Website: www wpl-legal corn , .lit, ii' fif . i , l - • 1 .. er . Co ler County Growth Management Department Zoning Division Aui ust 12. 2016 Fred flood. Project Manager Davidson Engineering, Inc. 4 365 Radio Road, Suite 201 Naples. FL 34104 RE: Denial of the Administrative Parking Reduction APR-PL20150001922: Beach Box Cafe. 9002 Gulf Shore Drive: Collier County, Florida, Folio Number 79122440003. and rescission of letters dated September 22, 2015 and May 18, 21115 12016]. Dear Nil-. I food: On May 18, 2016, this office re-issued an approval letter for an administrative parking reduction (APR) for the beach box café (reduction of 31 parking spaces). Ihis re-issuance was based upon a re-evaluation of the APR directed at the April 12, 2016 Board of County Commissioners Public I fearing. in reaction to a public petition by a Mr. Anthony Pires. The Board directed staff to re- evaluate the issuance of the APR for the Beach Box Café, originally issued on September 22. 2015. based upon additional information. Based upon the May 18'h re-issuance. Mr. Pires on June 15. 2016, representing a coalition of property owners. filed an appeal to the re-issued APR and within the appeal application additional information germane to the APR was provided. It is based oil of information contained within the appeal (P1,-201600013471 that staff is obligated to rescind approval of the APR. The basis of your APR application in both issuances has rested within the "park once" concept. I he APR application provides the Town of Fort Myers Beach Section 34-676, Circulation am/ Parking. as the example of the "park once' concept to justify the reduction. The premise is that public parking is provided within the Downtown district of Fort Myers Beach and based upon that availability of parking, business can seek a 100 percent reduction in required parking. This v,as the concept the APR application was based upon and was approved by staff Staff was unaware of Section 130-79 of the Collier Code of Ordinances. which states, "Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It stall be a violation of this division for at1rt'nne to park in an area designated us "Public Park Parking" or "Public Beach Access parking" who is not utilizing a public park (0' peach during the hours from duan to dusk '' This Ordinance invalidates the concept of ''park once'. stated in the application and utilized as the basis of approval of the APR. dependent upon the parking provided within the Vanderbilt Beach Parking garage. re utilize the parking spots in the garage for patrons of the Beach Box cafe is in direct violation of the existing Ordinance that states that the beach access parking must be utilized for the sole exclusive use of the beach. As such. the concept of.'park once' as provided for within 2800 North Horsesioe Drive•Naples, FL 34104•239-252.2400•%vvivi colliergov net the City of Fort Myers Beach. cannot be applied to the Vanderbilt Beach arca. due to the 375 parking spots within the garage being solely reserved for beach utilisation. per Section I30-79 of the Collier (_'ode of Ordinances. The basis of the APR application cannot be supported in light of the restrictions contained within Section 130-79. Staff recognizes that 17 on-street parking spaces are within the vicinity and the concept of"park once" could be applied to these spots. but the number of on-street Narking spots (17) or 4.3 percent of the public parking indicated within the application as available, is not sufficient to justify the requested 31 parking space reduction sought in the APR application. Additionally, it should be noted that condition of approval number two of both approved APRs states. (This APR shall he void if ()Ou2 (;rclj Shore Drive iv occupied hr uses other than it cafe. retail. ottice. and residential in the .square-footage. .statc'ci in the application.). If the units were determined to being rented as transient lodging (less than six month of occupancy), as suggested by the web posting for the units provided within the appeal application_ based upon the condition of approval, then the APR would be voided. It should he noted that the denial of this ,APR does not affect the cuncnt use and required parking of the facility as noted below. hut affects the ability to approve the existing Site Improvement Plan under review. which proposes to convert 1.270 sq.ft. of retail space to Cate use and adds outdoor seating to the facility. Current Land Use arrangement verse Proposed Land Use arrangement Existing uses and parking provided: Café' 7 seats Retail Space 1.770Sq.Ft Office Space 900Sq.Ft Residential units I units 16 spaces provided Proposed uses and parking required Cafe 68 seats 34 spaces required Retail Space O0Sq.I-t 2 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units S spaces required 47 spaces required ,As noted. based upon the restrictions of Ordinance 2011)-29, which limits the Vanderbilt Beach parking garage to the exclusive use of the beach. the "park once" concept provided as justification for the administrative parking reduction cannot he support and therefore :APR- P1.20150001927 is denied. Respectfully. \like Bosi. AICP. Director. Zoning Division cc: Raymond V. Bellows, Zoning \tanager WOODWARD, P1fF- S LOMBAR.DO. P.A. July 12, 2016 Honorable Donna Fiala VIA EMAIL Board of County Commissioners Collier County, Florida '•,hill 'S 2 I i ' 0/0 Michael Bosi, AICP - 2800 North Horseshoe Drive rt,.,„_::• Naples, Florida 34104 Re: ADDITIONAL MATERIALS (SECOND SUPPLEMNTAL SUBMITTAL), .11 ,., APPEAL PL20160001347 (the 'Appeal ) relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction. APR- 3. ,. PL20150001922; Beach Box Cafe. 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued May 18. 2016 but dated May 18. 2015 (the ''APR Re- Issuance") r'"' j Dear Commissioner Fiala: As noted in the timely Appeal filing made on June 15. 2016. and in my first supplemental filing on June 17, 2016, the listed parties to this appeal (the ''Parties") �,.r,.rll of �:i!1:.•.•: specifically reserved the right to further amend, modify or supplement the filing and Appeal with additional arguments and materials. No rights, concerns, arguments. positions or objections of the Parties appealing the decision or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present. make and submit additional arguments and materials before the Board of Collier County Commissioners ("BCC") is again specifically reserved The following are further and additional materials to supplement the previous filings while again reserving the right to further amend. modify or supplement the filing and Appeal with further and additional arguments and materials: 1. Composite Exhibit "P"; photographs taken during the Fourth of July weekend showing unlawfully parked vehicles in both the front and back of South Bay Realty and also showing parking spaces in front of the Beach J ,: <<,,11,\u I . Box Café blocked off by cones and/or canopies. ,,r1F�- r1 Respectfully submitted, Milli :}) ony P Pi-res. Jr Esq _ II APP/lg I::'Ar `_. . Enclosure(s) Cc with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala COMPOSITE EXHIBIT "P„ TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY -.40•1111111111. I '\ . ,.:".., - -- \_1t • \,,,r. r � :'` .,fir s . ',' Of . -. - - .):' . c ... .. .... .r.... ‘. • ft:- ;fit:• . A t` It'• •KL tel. j • �L 1 Rn' y'! '( • ' .. J• , E 'paig'' 5 /I , . •;. -� Y i , ' t J .. .. Mme,. ,r _ .z ;`fit• rr. ' . ci 'zL i r �` Anil If; Illix t ., I l_______044111 \\I , ,- ,,o, zi. - 1 :. :;....„."011:1 i 1 , .- ,. ,., I \ ... \ , , ..:. . \_ � ,,,..,,-..-:' . ....•f il-----•I: : 13 • x ::.. . Cp ' Y r se T J `. .- s 1 i •, i-• .:. • Sri. } ..�i �' *7.. 1. `1.°L IA :Li ' ' '''. 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' in mu. .4 . 044 •:.‘„,. :# .% ,s ,11'.'"..'i:;11‘' • li, Complaint Status- City V iew Portal Page 1 of 2 GMD Public Portal 4 Complaint Status — Complaint Information Cas.M.,rnle, CR 120150006262 •.•u pla. 1`., 1 al'I Jse Destr'ptlon: Picnic tables obsersed at this location Where property rs not Toned tot such Larat:ty'sf Comptatrn' 9020 Gull Shore Dave Bea•,h Bo•Caf.-: Property O,vner-S Ful Mame- vAGUt.A CCRP,:RI i IC?i Locations 79122440001 9020 t;utt Sncre DR Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection NomCo nt,;art 7.21 2010 07,20;2916 Re-Inspection tion-Complant +,:511015 01,01;2016 Re-Inspection Tlon.Compliant 672.2015 06102;2016 Re-Inspection tion-Compliant 5:11.2L16 05/11:2015 Re-Inspection Mon-Compaant 4;2572016 04/15,2016 Re-Inspection Mon•Compaant 4,21/2016 04,21+2910 Re-Inspection Mon Compaant 404.2010 04,04/2010 Cit) Re-Inspection Mon-Cornp:rant 3,24+2014 U3;24,2015 Re-Inspection Non(omphant 2;2312016 32,23i201G Re-Inspection Mom Compliant .;22,2(16 01.,10;2011, Re-Inspection Mon Complynt 12,12'1015 12,22/2015 Re-Inspection MemComp:taut 1I.2.'2015 11 ,3,2015 Re-Inspection Man Compliant 10:23'2015 Ifr23:2015 Re-Inspection Mon.CO-110a01 9)25.?CIS at 19,?5,2015 1200 AM Re-Inspectiontion-ComplAnt 6,.7.0.[C15 at 0S/26 2015 ',. 11.00 AM Re-Inspection •Mcn Cc ltpirant F:7;'2015 at JS/0;.2015 12.00 411 Re-Inspection MomLompaant 7 22,2015 at 05412,2015 12 00 AM Re-Inspection MOn•t nr,p:.i and 1,!0.1515 at J7!I71r2015 l:00 All Re-Inspection Man-Corr.01r4n1 5 4.201;at 0E-C0,201' I: 01 AFI Re-Inspection .en-Can,t:oar 5.:5.2015ar '15'26:2015 7 't 31.1 Initial Inspection ,r.... 4 :3 '215 at 34/03,2015 i :44 4 http://cvportal.colliergov.neck'ityViewweb/C'odeEnforcement!Status?caseld=466498 8-1812016 Lompiamt status- ity v tow?ortai ?age 2 of 2 Ct:n 1 erGhibited Use Status Outstanam2 =ate Stars Ch,zng:e; 34 2>,2e:5 Comments ?last cease all use at any anJ a U'u erta other Ilan property zoned for use as denh6ed'.n Ordnance 24-41,as amended,Section 2.04.03.Tables I and 2 IND/OR Removewooden picnic tables horn unimproved property andtor pr^per; regulated by an approved Site Development Plan and the ntended use in accordance nth Section 10.02.O3Iti0(5) and/or intended allowable uses in 2,04 03, Tabes 1 and 2 Re-Inspection 13 3. 3: http:/Icvportal.colliergov.net/CityViewWeb/CodeEnforcement/Status?caseld=466498 8/18/2016 • w t4 I 1 4 .2 ✓ YY �. .. n ..'.*-.'.!11,1t� y �r • ( h ri11Y 'A = b¢- t d • j '•'yY}I- ,. *5 "`«J'$ .� • F. = sem' l' �" • 1 ill 4 tit at- 1' i - - II il :� ji, y r. .'.:".. .tit. 5 •F fit- a i •�y.i /,PAF... r ,.', Sill i• a " _ I I + :, f ,,,...,... $ . ., i11.1 '. tiOr ' k e -.. 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"Z - -,, ., .....,,-4.:,.., -,•-, ,.42...t-'-'1. 2,._ -*- . , .----.,7--." .•:.,. ,,;.-- , ':' •-',,, • „,:„...,...„....::, • . - • ,.:C,,"7*.'2;-.`t* - ' . • . . .-,.. .. . ••• . - • - Anthony Pires From: OssorioMichael <michaelossorio@colliergov.net> Sent: Monday, August 29, 2016 3:34 PM To: Anthony Pires Subject: RE: STATUS OF CELU20150008262 Tony fyi, The Planning& Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box, asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time, Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. Mike From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Monday, August 29, 2016 3:29 PM To: OssorioMichael Subject: RE: STATUS OF CELU20150008262 Heil() Mike. CCllicl you kindly iiet the staths Tip ink you Tony From: OssorioMichael f rr:ailt o rwr. h to ,,c Sent: Friday, August 19, 2016 11:31 AM To: Anthony Pires<APIr s'-' tip ieg l n:-,> Subject: RE: STATUS OF CELU20150008262 Good morning Mr. Pires, I will be reviewing this code case in detail next. Thanks, Mike Ossorio From: Anthony Pires [mailt.APues Sent: Thursday, August 18, 2016 1:59 PM To: OssorioMichael Subject: STATUS OF CELU20150008262 Dear Mr. Ossorio, I represent the Vanderbilt Beach residents Association (VBRA) and other parties in the Vanderbilt Beach area that have expressed a continuing concern regarding land use regulations and the use of the property variously <nown as 9020 Gulf Shore Drive (Beat Box Café). One of the concerns relates to the use of picnic tables at the Beach Box Café, which is the subject of CELU20150008262. See the attached Complaint Status for CELU20150008262, as reflected today on the County's website. See also photos taken over the 4"' of July weekend (12016) and on August 4, 2016 depicting the extent and use of the picnic tables at the Beach Box Café location. Owners of adjacent property have been adversely impacted by employees and/or patrons of the Beach Box in spaces designated for the use of others. For your additional information, recently Mr. Bosi issued a denial letter for the Beach Box Café Administrative Parking Reduction (APR)-(see attached). Please advise when this matter CELU20150008262 will be concluded. Tony Anthony P. Peres. Jr , B.C.S. VVcod vard. Peres d, Lombardo, P A. 320 NorTh Tamiarni Trai S LHtr e00 Naples, Honda 34103 239-619-6555 Phone 239-649-7342 Fax apires(cJwpl-legal.com Farm, Website 2 •;tatu-, - ('ity\ I ol Complaint Status Complaint Information. — Inspections 11,-1o,r,I 41r, 14'.e 1:1,peCtion Ill--InSperW,II Re D1,4)401,11 :nspe<1'.0"1 11, nf. 1r,11,1,1141:, 11-114.01,t1,, P.O1'-1n5111-rtlnn 1110110'111011 PY•L',1,0,111/1 • EXHIBIT p( 11-1l- k liegilt ( t \'i& \\\\"eb ( oddinforcenlent Stattiskelercike?reicreneeN... 8 7'11)1() Complaint Status - City iew Portal Page 2 of 2 ,cyport:11.coill,:ri2o%.nct'Cit:.Vie\\ CocEn rorcement:StatusReterence freferenceN... S 7 2011) ,4011111-- .7-7,..::-.:-„mu.- - �.•� t 0 , . , • 1 S'4*A 'W1r_ k _ V _.tri '` "4..;".: ;� it .. k� �.. "+• ¢S • • •• :si•-•,-•,-..... t. • •.,.- , . ,,, ...„. . ,, flift,,1,...1 • • .. ,,,,,,....., Ao-«> il "' r ' fit • ' I te, ,,•,..s,Aie . .__,.., � � �,• . . a ry:,•,• w , ...,-,,-;-:, , , -.-c.:::.!*.1.• :," _ il t f i ,,*.. ' °I.:1:' . . . , I. • .• —Iiig tl I ` 1� :11; 3g'' • "':'!4Y s. 1 e { " 7a.� Ht O' I, Ai ' [ 'I , Li 1 _ � � rir. •2'w . alit, f 1.„i''''':: i:'15.1: • Yr • �� tx" J • .. • .'• • i}f .^: : •:•jt;.. !� i • ,t. . • • F • r+ �'v �=aye :a its• • • • • • yrfy4F,' , Alia- tyiz t; .,Ir*7• '•V .fit, i :!;yt. • • • . .17: I S T.:"". , ..n•.-._ .. ::a •44t k.140011. it c" , C !y 1 .`I ' 'IN - "- -- -- .' • _ cI 7 Q�1 c„..,,1'9.1 ',Olt •I Ilill,r �5 iller • fir , ; ••.. .:•1•1#. • air • J. • • • •• - • • • • • { fiz *t""!;.'7,•••'; -er • • '+r • . • i • 1 C EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE Anthony Pires Ask From: GossardTravis Sent: Friday,April 03, 2015 11:17 AM To: LynchDiane Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive From: WrightJeff Sent: Friday, April 03, 2015 11:16:22 AM To: ChesneyBarbara Cc: VlietJohn; GossardTravis Subject: RE: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Auto forwarded by a Rule Not sure that we need to circulate now...1 just want to have the letter ready for anyone who might ask. I think check back every two weeks or so. thanks. From: ChesneyBarbara Sent: Friday,April 03, 2015 7:24 AM To: WrightJeff Cc: VlietJohn; GossardTravis Subject: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Jeff: Per discussion -Code 5461. Do you need response to Hiller now or if we have updates? How often do you want me to check back with you for monitoring purposes? lx per month? From: WrightJeff Sent: Friday, April 03, 2015 7:00 AM To: ChesneyBarbara Subject: Fwd: 9020 Gulf Shore Drive As discussed, I'd like to track this item (and possibly include Comm'r in response). Please see attached. Thanks!! Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-506.0 (direct) Begin forwarded message: From: "Wrightleff" <JeffWrightPcolliergov.net> To: "Vanderbiltbeach54@yahoo.com"<Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive ANIS This message is intended for Jackie Bammel,VBRA Director. . 0 DearMs. 8amme|— P|easeseeattached. andfee|freetoconmctmeiyyouneedanythinQe|se. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive ' Naples, Florida 34104 � —� , 239'252-5066 ___ ' ..* n^.~m.°" ~.1-0.':" ^- ., /.... * n,u. /. ' . , `.*'^° "mI`,wa*, /^m,,--,/ .~w^"^,,^^,,wvw°'~ . ,*^^ CO) C { ` Anthony Pires From: ScavoneMichelle Sent: Friday,July 10, 2015 8:50 AM To: WrightJeff Cc: GossardTravis Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive Jeff: Reminder update(s)due 7/13/15 (Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago, and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; Wrightieff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings,Investigator Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 C decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright i Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 Barb From:"WrightJeff' <JeffWright@colliergov.net> To: "Vanderbiltbeach54@yahoo.com" 3 tio, <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached,and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506.E 8 2 Anthony Pires .gnokt, From: ScavoneMichelle Sent: Friday,July 10, 2015 2:40 PM To: WrightJeff Cc: GossardTravis; LetourneauJeffrey Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff: Great question-The last response said staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). Maybe once that is answered we can close? Michelle From: WrightJeff Sent: Friday, July 10, 2015 2:25 PM To: ScavoneMichelle Cc: GossardTravis; LetourneauJeffrey Subject: Re: Code 5461 Hiller/FW: 9020 Gulf Shore Drive How long will we be providing updates on this? How many more updates? Not sure we have any new info...am copying JL to see if he has anymore info. Thanks. Jeff Wright Director Collier County Code Enforcement Division 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5066(direct) On Jul 10, 2015,at 8:49 AM, ScavoneMichelle<MichelleScavone@colliergov.net>wrote: Jeff: Reminder update(s)due 7/13/15 (Monday). Thanks, Michelle From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding:legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright, Director GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietiohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; Ochsleo Subject: RN: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 270 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes, the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez,who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 2 239-252-5066 Barb From: "WrightJeff" <JeffWright@colliergov.net> To: "Vanderbiltbeach54@yahoo.com" <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-506.11 CI) 3 I Anthony Pires From: Hoagboonlon I Sent: Friday,April 22, 2016 7:42 AM To: Letourneauleffrey Cc: SantafemiaJohn Subject: Code 5461 Hiller/FW:9020 Gulf Shore Drive Jeff, Probably too much information, but I figured we could work with it. Ray Belllows has agreed that a modification of the Site Improvement Plan(SIP)for the Beach Box can go forward. Respondent coordinating with Chris Scott on SIP; has hired Welsh Companies, (239-261-4744)along with Davidson Engineering (John Podczerwinsky,239-434-6060)to assist them with their SIP changes and parking reduction plans. However, a pending civil action has recently been petitioned by the Vanderbilt Beach Residents Association(VBRA.)The VBRA has challenged the County's decision to allow the parking reduction, as a result plans are on hold until the petition is heard. Jon Hoagboon Code Enforcement Investigator Growth Management Department Code Enforcement Division Office: 239-252-2971 Fax: 239-252-2343 i 1 1 I 1 1 1 1 ( 1' 3 I i 0 1 Anthony Pires From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM To: Anthony Pires Subject: FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive From: HazewinkelColby Sent: Friday,July 22,2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd:Code 5461 Hiller/FW:9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239)784-4682 ColbyHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>, HazewinkelColby<ColbvHazewinkel@colliergov.net> Cc: WilkisonDavid<DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>,OchsLeo<Leo0chs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, LetourneauJeffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>, OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <MichaelLevy@colliergov.net> Subject:FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th,2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; Ochsleo; FrenchJames; LetourneauJeffrey; Amok BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 HillerjFW: 9020 Gulf Shore Drive Commissioner {filler: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: Permit SIP PL20150002649 is still in active status.The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said, the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: The café is in code compliance with everything except the outside picnic tables. They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone, GMf) Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonOavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager 01 Investigations Michelle Scavone, GMD Operations Coordinator 2 From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: l lair, ccsly mentioned p'r Alts o'e dttivv of li; tH Jt :ill in Lection s o rapt r'PH'.'J01510513Oiithrs permit ,s now fir.abred). I' rirtio11, tw0 W cern its are In apply status. One is for a rir -rer. and one is for tire removal of the ole fire coppriassion ;',;tent_ The :'mfrs are rnaknryzrt steady progress on `getting the 1' cherty op to f ride. Staff received one complaint on New Year's [,ye clay saying they were worried that the noise wiould be loud that night Staff advised then) to contact the Sheriff office if that happened The Sheriff office did not repot any calls coming in On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller' Update left letourneau, Manager Ot Investigations for (ode Enforcement stated, all previously referenced permits are active and have had recent passing inspections. also SII' I'L20 5000'2619 was applied for on I I;' 1 h/1'5 and is still moving along in review status. This SIP is for" fhe project proposes to improve the site by striping allowed parking spaces, prox itliug the required handicap space and loading zone, providing an enclosed duntpster area for roil-out bins, installing a privacy fence. and replacing approsinratelc 26'Sr, of existing asphalt kith pervious cup er to function as an outdoor seating area for the rale Compliance efforts arc being made and eye eti ill 'it'll) von advised. On behalf of Jeff Letourneau, Manager Of Investigations 11ic belle Scavone, (,'v1f) Operations Coordinator From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive IIi€idic leltourli(' :il (If Inte'stigaiiwis to] I otic t ativiseri the tour rt iet rr,ri ti poi nits are still in "'issued stalks. 1 11c\ i 1 )ir�ilnn ttatC a .u: f tL hit Ii Mould he ('vtended tip.nil ,i passed inspection. i In,i hay(' Also allplit'ti iii dii Ill 1C. t`er€nit (11:111 'rt f 5 I0:i 1 >0I ). .ind Idnd :WSW (I'Itl>t)2t1i ;u'1 Ntitl:>')i iHi 1-udiiteti w ( uiii• I IiIt) 'E'til€`tli e,iSeti I-i'm iiii n1)e'Ii 1 nI stall lP ill l-initil1 IC it) 111011itur[t1€' pt iuitS,. Ou MLA (if Jell LI'tuurneau, AI.ni i;ini' (Ii Iii stiL;atitlns ‘S(.,1\ un, (,y11) ()peralitins C(iOrtlithitnn From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive t:miimissiuner Hills r : Update Jett Wright, advised tli.il on kI l7/ 1!-; staff spoke ',ti iti) John N1.0 clues(Respondent, 630--152- 3713). ile informed stall tli.it thee Hired a real estate pi opera management conlpant (Welsh t onipanies. 239-261- 17 1 1) In assist them with their SIP changes. Lour lie\V permits hate been submitted on 7/27:15 for the various changes (11:111/20 17,072 171)2, 1'1111)201:;072171)4, 1'1,1111)201;072179 5, and 1'RIi112017;072-1797). I hey .lie IOuIiing to eliminate .1 th-it'eevav and ineorporati:' the henchl•s that are .it the source of this (.ise. In addition, they bars hired .i 'parking specialist ' to assist them in this endear(,i. 'iii. Mai clucs said that three more lit'rnillS Will lie submitted souil. Continuing to inonitoi and tiviII Keep you updated. (hi behalf of left k1'right, liii e cion (;Nit) code [idol cement I)i%ision 1lichclle Scat one (;till), I)peraifuns Com dinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of Investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations. 'They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing,with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff l etourneati a GMD, Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis, focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement (and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright, Director GMl)Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietiohn; GossardTravis; Wrighueff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator 5 diormomk 1 i ' 9 Chris Ambach recorded one noise violation on April 27th 2015,at I 0 approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level 1 reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A 1 correction from Ambient to Source was performed and Investigator 1 Ambach found the decibel level to 1 be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was 11 observed. Investigator Ambach met with manager,John Marquez, who observed the level on his meter. Mr.Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor 1 o seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples,Florida 34104 239-252-5066 Barb From: "Wright 0 Jeff" <JeffWr 6 ight(c olliergo v.n.net> 0 To: "Vande rbiltbea ch54( vahoo.c om" <Vande rbiltbea ch54( vahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie amme IVBRA,VERA Directo r. Dear Ms. Bamme Please see attache d, and feel free to contact me if you need anythin g else. T hank Amo ` you Jeff Jeff Wright Directo r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 Q 239- 252- 5066 1_indcr A:"�rCSSf.S arC(1.[L:ItC 8 Anthony Pires Ado From: ScavoneMichelle Sent: Monday, August 29, 2016 11:25 AM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne;AuclairClaudine;OchsLeo; FrenchJames; LetourneauJeffrey; DeaneConnie; OssorioMichael; LevyMichael Subject: FW:Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: Planning&Zoning Director Mike Bosi denied the off-site parking request that was tied into SIP PL20150002649 of which the outside seating is part of. Code staff received a request from the attorney representing the Beach Box,asking to hold off further enforcement pending an appeal to the BCC on this issue.At this time,Code has agreed to hold off on enforcement until their appeal has been heard and an outcome rendered. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, July 22, 2016 3:07 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th, 2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: 1 Permit SIP PL20150002649 is still in active status. The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit. With that said, the permit is the last remaining Code issue. No new complaints have been received since the last update. int behalf of Jeff Letourneau, Manager Of Investie,ations Michelle Scav one, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letournean, Manager Of Investigations for Code hnforcement provided the following information: The café is in code compliance with everything except the outside picnic tables. They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMC) Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jell Letourneau, Manager Of Investigations for Code Enforcement stated, all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager 01 Investigations �licbelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairCiaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive ( ornmissioner !filler: Ilpifate Jell Letourneau, Manager Of Investigations for Curls: t nforcenaent provided the following information: 2 i .�._l ,: �... ., .._, i � _ I`. •l' .. ...� it i ,(li.- . „i On behalf of Jeff I etourne-au, MAni.iger Of htl cstigations ;aliJielle Sc<itone, (i 1I) (lllc'rlltioils Corlrclinato From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; French)ames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive E fii-!l:l lt�`:it t!!t't- i lliC'i ' (17 ii1<i LY !HI I "ttttli'lil'ali, 1fi ?-C1.()i hit .,i cltUtilti 101 I Mit' I i7,��{'1'x'7111-'lll ,;i<111'Ii :ill I)I'i't't(;if5it rt'{; - 1i •i ISt it IN M1(111,1%,.e h<lti Fel_(Alt Ak', `01' 1'L20 1 '.70100,26.i9 wty, ,ippliett i(II 'Ill i l l ':i' 1 :; Li t5' n ill mot int; lett' I Iis '01' i‘, tor Mie ilr(liec( liill)rf?t'e i)% sil illiI0 <illka«(2(1 pal kin!), ue iiiillf; the I IHI irrli h.lniiicali sir.?rt ,Intl illatiing/O,r!t', l l(O.ifiinu aft cnclOs,L cl 4:illnl}lster<li . i ;ori oil out d ru m 1' <inli !cl,l<icin aphro�-:iul�llf'i�: :_ ���s, i,i C'<10 re asphalt tt.il fl tieei t.'i(lii5 ("W.(' (L) lifn(I11'11 ,1 Art s!' tiitwi 'C<1t111,14:+i_';i lilt the c<21C 3ii1!)fl ,tic t.'l1w w <n e i;('!i iH<i{I ' :.Iel c `.gill i< ell ‘W!E! ,i(i� C%'!.1 i)cflia111i1 left LF'tfnlrstettif, itlan.;;,c r (lt 5iicht hh' tic,!vOnc'. (,'SII) (Iii,,! n,°:r;iinlil,I From: ScavoneMichelle Sent: Tuesday, October 06, 2015 3:56 PM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; Frenchlames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 1�tt1tlti tiitr+l ? hili; ! I•i'�ri:r�i HI! i 1'tool t',!,', 'S1<in<n4e1 ( 'do .?1111i (t'ltlt`n( .,��l i`:"ti ±ll.' lout ill in iSSirr (I 1,3i13y. I li(-1 ,Ili i it ';l lll! it 'V()lilt) he' ' \teil(I( ll t, (1 i51it'CI}tfl?. Iii:`i lion <?Is1t .il)d)li?'tl IU! ,ill 1{l :ilk I'� t n:ii I'r<ll's '_1)) 41)"! 1. ,11111 fill'7l ,?ii till !'ltlii.i.'.1)1 50q;01) 'Ui ,1 p1 1:1up ! c (jiltdrill ,:lF' I-liiiii ( l'iiiciii • J'i I t'a'i,l!,'I i ,i !1 I It `-I.;ii `.,111 � ;li;l in,i(' iU I+H lltitl .i:.' I'c'i fi�tl5. on Il, h.l'li tsf Il tl Hi(I�i!iy ,i[i,liiti \ip; fii !,It' c'<3tnlit`. (,1',117 (l In, 1 illi<: C rir)1Ii' 1 ii I From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; WrightJeff; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive (l, I,t'(I ,11,11 tail 8 <.Hl !ohm m .; . •j `,'. lOt fllt'�I l(I is!.l` tlt: if t'ti , f , .+I `,i.IIC I71'rlit'I t, 1?t.�ll- 'lii- t 11 \\ .'ltiii +.+ ; <1 Cii,'fi `all' : lt,:[l:?e ( tiH lit \,‘ i;i'l :E?k+ti f. 1;;.`t`li tilll)ililii, tf t 7 Hilt ltE H s C i, It IMO._O at)- iti , :it I 1 :k .i , tUllliific° IH clonot 1i' 1 (:.S'.( til in... I'wfii Ilt t? ,l tlfl(I!;)i`I ;lit t i,ji . i};i. (l lI .lti}1>t f,. , ift oo..s that :l;l i.';' i1it:iH !it'i i111i� +.!' ..(1)rllitt','C1 altiIt i .,iltt+l .lti { tt? IIliJ�.l" . .1:1(1 ..', H (l.;teff, )11 lit'1W11 ai ji'lt 'OHrit;ilt, 1Iirct '.1i1 St t,li{: (1pef,Ii ltlti , (- '.)C! Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject; FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner hiller: iJpdate Jett l etonrnean Code Lntorceu►ent Vlaoa,er OI Investigations, advised that stall has taken nurnerolls noise readings since this tvas last updated and hake found no violations. Flick'also have not had ant, complaints in the last couple of weeks. "'lle seating;/parking case is still ongoing, with the Beach 13os osti tiers working;with tuning to get apps a al. I hank vnu, On behalf of Jcit Letourneau ( \1t), Code hiforcenrent I)ivisioll 'lichelle Scavonc (;'ti i), Operations Coordinator. From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner hillier: Update Jeff Wright has advised that stall has been monitoring the property for noise and other ciuiatious ol1 1 regular basis, 4 Cnu;in: rill i hie ti(I,1( threle;l) dce,- nigh(`; Ther.: itt'w rilses to o. 1-toi t. t ho k.ieloti>)Il i lzll UlClii led .. rel'eldr-tl Sev vial tteHI.s ago. ood ev,.s promptly corrected 0r1 site. tatf outstanding question with toning reg,iriiile.. : legaiit>r of outdoor seating arrangement (and related parkins/site issues) We will keep Cott updated. l hank v-uu, (in behalf of lett Wright, Director (,AID ( ode Fitfurcement Dii isiun 'Michelle .Sca one (;),H), operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: Vlietlohn; GossardTravis; WrightJeff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings, Investigator Chris Ambach recorded one noise violation on April 27l1, 2015, at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices, insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes, the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Amhach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager, John Marquez,who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures, and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating, and we 5 expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf alert'Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 31101 239-252-5066 Barb From: 'WrightJeff" <JeffWriOt;Ocolliergov. net> To: "Vendeftiltbe6ch54,c ahoo.corn" <Vanderbiltbeach 54 ahoo.com> Subject: 9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. Dear Ms. Bammel— Please see attached, and feel free to contact me if you need anything else. Thank you, Jeff Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 7 IIlisi J i Anthony Pires 0 From: Anthony Pires Sent: Sunday, September 18, 2016 10:46 AM a To: Anthony Pires Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive From: HazewinkelColby Sent: Friday,July 22,2016 3:20 PM To:georgiahiller@comcast.net Subject: Fwd: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Colby Hazewinkel Executive Coordinator for Commissioner Georgia Hiller, District 2 (239)784-4682 ColbyHazewinkel@colliergov.net Begin forwarded message: From:ScavoneMichelle<MichelleScavone@colliergov.net> Date:July 22, 2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>, HazewinkelColby<ColbvHazewinkel@colliergov.net> Cc: WilkisonDavid<DavidWilkison@colliergov.net>, MarcellaJeanne<JeanneMarcella(a colliergov.net>, AuclairClaudine<ClaudineAuclair@colliergov.net>, OchsLeo<LeoOchs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, Letourneauleffrey<JeffrevLetourneau@colliergov.net>, DeaneConnie <ConnieDeane@colliergov.net>,OssorioMichael<michaelossorio@colliergov.net>, LevyMichael <M ichaellevv@colliergov.net> Subject:FW:Code 5461 Hiller/FW:9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: There has been a public petition,challenging the approval of SIP PL20150002649.Jeff spoke to Zoning and the issue will be brought before the Planning Commission on August 18th,2016. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GM I) Operations Coordinator From: ScavoneMichelle Sent:Tuesday, May 31, 2016 2:14 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; Marcellaleanne; AuclairClaudine; OchsLeo; French3ames; Letourneau]effrey; c 1 BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: Permit SIP P120150002649 is still in active status. The outside seating is reflected on the plans. Staff is waiting for the final approval on the permit.With that said,the permit is the last remaining Code issue. No new complaints have been received since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator From: ScavoneMichelle Sent: Monday, April 25, 2016 2:00 PM To: HillerGeorgia; HazewinkelColby Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; OssorioMichael; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Importance: High Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement provided the following information: rook The café is in code compliance with everything except the outside picnic tables. They are trying to incorporate the picnic tables in with their Site Improvement Plan, however that is on hold due to a civil challenge remaining. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Friday, February 12, 2016 2:03 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael; OssorioMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Quick Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated,all remaining permits are still active and inspections are moving along. No noise complaints since the last update. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone, GMD Operations Coordinator 2 1, From: ScavoneMichelle Sent: Thursday, January 21, 2016 4:18 PM L To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; BastienPamela; DeaneConnie; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau,Manager Of Investigations for Code Enforcement provided the following information: All previously mentioned permits are active and going through inspections,except PRHV20151031301(this permit is now finalized). In addition, two new permits are in apply status. One is for a new sign and one is for the removal of the old fire suppression system.The owners are making steady progress on getting the property up to code. Staff received one complaint on New Year's Eve day saying they were worried that the noise would be loud that night. Staff advised them to contact the Sheriff office if that happened. The Sheriff office did not report any calls coming in. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent: Wednesday, December 09, 2015 3:40 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LetourneauJeffrey; LevyMichael; BastienPamela; DeaneConnie Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement stated, all previously referenced permits are active and have had recent passing inspections.Also SIP P120150002649 was applied for on 11/18/15 and is still moving along in review status.This SIP is for"The project proposes to improve the site by striping allowed parking spaces, providing the required handicap space and loading zone, providing an enclosed dumpster area for roll-out bins,installing a privacy fence,and replacing approximately 26%of existing asphalt with pervious cover to function as an outdoor seating area for the café". Compliance efforts are being made and we will keep you advised. On behalf of Jeff Letourneau,Manager Of Investigations Michelle Scavone,GMD Operations Coordinator From: ScavoneMichelle Sent:Tuesday, October 06,2015 3:56 PM To: HillerGeorgia; HayesKaren 1 Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey ' C Subject FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 s Commissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement, advised the four referenced permits are still in "issued"status.They all have an expiration date of 3/20/16, which would be extended with a passed inspection.They have also applied for an HVAC Permit(PRHV20151031301),and filed an SiP (PRBD20150930039) for a parking reduction. Code Enforcement cases remain open and staff will continue to monitor theP ern arts. On behalf of Jeff Letourneau, Manager Of investigations Michelle Scavone, CMD Operations Coordinator From: ScavoneMichelle Sent: Thursday, August 13, 2015 10:24 AM To: HillerGeorgia; HayesKaren Cc: ShueGene; WilkisonDavid; MarcellaJeanne; Wrightleff; AuclairClaudine; OchsLeo; FrenchJarnes; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright, advised that on 8/7/15 staff spoke with John Marques(Respondent,630-452- 3743). He informed staff that they hired a real estate property management company (Welsh Companies, 239-261-4744) to assist them with their SiP changes. Four new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794, PRBD20150724795,and PRBD20150724797). They are looking to eliminate a driveway,and incorporate the benches that are at the source of this case. in0 addition,they have hired a "parking specialist"to assist them in this endeavor. Mr. Marques said that three more permits will be submitted soon.Continuing to monitor and will keep you updated. On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; WrightJeff; AuclairClaudine; OchsLeo; LevyMichael Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Letourneau Code Enforcement Manager Of investigations, advised that staff has taken numerous noise readings since this was last updated and have found no violations.They also have not had any complaints in the last couple of weeks.The seating/parking case is still ongoing, with the Beach Box owners working with Zoning to get approval. Thank you, On behalf of Jeff Letourneau 4 GMD,Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: GossardTravis; Wrightleff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property for noise and other violations on a regular basis,focusing on Thursday through Saturday nights. There are no new cases to report. The one noise violation that occurred was recorded several weeks ago,and was promptly corrected on site. Staff has an outstanding question with zoning regarding: legality of outdoor seating arrangement(and related parking/site issues). We will keep you updated. Thank you, On behalf of Jeff Wright,Director GMD Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; GossardTravis; Wrightleff; LevyMichael; AuclairClaudine; OchsLeo Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive Commissioner Hiller: Update Jeff Wright has advised that staff has been monitoring the property on a regular basis. In response to ongoing noise concerns, particularly for band noise on Thursday evenings,Investigator 5 Chris Ambach recorded one noise violation on April 27th 2015,at approximately 7:30pni. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle traffic. The ambient level reading performed measured 67 decibels. Within minutes,the band began playing and sound level readings measured 75 decibels. A correction from Ambient to Source was performed and Investigator Ambach found the decibel level to be at 74. The maximum decibel level allowed for that time period is 72 decibels and a violation was observed. Investigator Ambach met with manager,John Marquez, who observed the level on his meter. Mr. Marquez immediately returned to the cafe and lowered the music to an allowable decibel level. The business has since cooperated in taking corrective measures,and the noise has been reduced to acceptable levels. We are also reviewing the outdoor seating plan to make sure that current outdoor seating is consistent with the approved plan for outdoor seating,and we expect to have an answer from planning/zoning division in the next week or so. Let us know if you have any questions and we will keep you apprised. On behalf of Jeff Wright Director Collier County Code Enforcement Division Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 239-252-5066 Barb From: "Wright Jeff" <JeffWr 6 To: c!;'iltbea :ahco.c o m' <Vancle rbilthea ch5licT- yanca.L am> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VBRA Directo Dear Ms. Bamme Please see attache d, and feel free to contact me if you need anythin g else. T hank you, Jeff Jeff Wright Directo Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 ATTACHMENT ___Z_ TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE ReII WOODWARD, PIRES & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R.VVOODwARD Fkwrd J ati&i RcJ Fsrat MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL Rk]Ert Board of County Commissioners ANTHONY P.PARES,JR Collier County, Florida 0/0 Michael Bosi, AICP 2800 North Horseshoe Drive J.cLII:Us}lOP}LERLOk]B RL?O Naples, Florida 34104 P a:rI F•arn},-Lir, Re: OCTOBER 11, 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CATHRINEA HUNTS: Lk:\ APPEAL PL20160001347 (the "Residents' Appeal'') relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFER L.DEVES PL20150001922; Beach Box Café. 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"P'Beach Box Café Property"), issued JENNIFER M. I ENNEY May 18, 2016 but dated May 18, 2015 (the "APR Re-Issuance") LENORE T. BRAKEFIEID AND MATTHEW IT FLORES I APPEAL PL20160002324 (the °'Vaguna Appeal". filed on or about September 7, JOSEPH M.COLEMAN2016) relating to the August 12, 2016 denial of APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"P'Beach Box Café Property"), (the"APR Denial") COLLECTIVELY THE APPEALS". Dear Commissioner Fiala: Today, on behalf of my clients, I have filed a Request for Change of Hearing Date (with Exhibits) as to the above matters. It is respectfully requested that the Request for Change of Hearing Date be placed on the October 11, 2016 County Commission Agenda and that it be heard and considered by the Board of County Commissioners of Collier County on October 11, 2016. REPLY rn Respec uIt .Iab-=itted 3200 AMIAMI FRAIL N SUITE 200 NAM ITS.FT 34103 239-649-6535 2+9-549-7342 FAV :_I 606 BALD EAGLE DRVE SUITE KV ' 'thoL '.yt(� Jr. Esq. P.O.Box ONE MARCO ISLAND,FL 34146 219-394-5161 239 642 941)2 FA\ APP/Ig www.wPL--LEGAL.COnI Cc w/Encl.: Heidi Ashton-Cicko, Esq.. Commissioner Donna Fiala; Leo Ochs, Jr-. 1 O ATTACHMENT C TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE C C Anthony Pires From: Brian 0. Cross, Esq. <bcross@gadclaw.com> Sent: Wednesday, September 28, 2016 1:24 PM To: Anthony Pires; BosiMichael; Jeff Wright Cc: AshtonHeidi Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS We too would like it to be heard on October 11, 2016. D r, Brian Cross, Esq. Shareholder and Managing Partner Goede, Adamczyk, DeBoest &Cross, PLLC 8950 Fontana Del Sol Way, First Floor, Naples, 1 iorida 34109 Phone: 239-331-5100/Fax: 239-260-7677 Email: BCross@gadclaw.com Our Offices: Naples/Fort Myers/Coral Gables/Boca Rator. In an effort to prevent fraud, we only accept wires for closing real estate transactions. Before initiating your wire, please call us to confirm the wiring instructions you received are correct. From: Anthony Pires [mailto:APires@wpl-legal.com] Sent:Wednesday, September 28, 2016 8:33 AM To: BosiMichael <MichaelBosi@colliergov.net>; Jeff Wright<jwright@gadclaw.com> Cc: Brian 0. Cross, Esq. <bcross@gadclaw.com>; AshtonHeidi <HeidiAshton@colliergov.net> Subject: RE: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Mike, thank you for copying me and please also extend to me the same courtesies that you have extended to Mr. Cross. et. al., as to updates. as previously requested in my letter of August 22, 2016. Thank you, Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent: Wednesday,September 28, 2016 8:26 AM To:Jeff Wright<jwright@gadclaw.com> Cc: Brian 0. Cross, Esq. <bcross@gadclaw.com>; Anthony Pires<APires@wpl-legal.com> Subject: FW: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Brian, The following request was submitted yesterday by Mr. Pires. I have been in discussion with the County Manager's Office and they are determining if the request will be heard at the October 11th BCC public hearing. As that discussion progresses I will provide an update to all parties. 1 Sincerely, Mike Mike Bosi,AICP, Planning and Zoning Director 239-252-6819 -Office 239-784-7461-Cell 239-252-2806- Fax From: Anthony Pires [mailto:APires@wpl-legal.com] Sent: Tuesday, September 27, 2016 3:31 PM To: BosiMichael; FialaDonna Cc: AshtonHeidi; BrownleeMichael; FialaDonna; OchsLeo; KlatzkowJeff Subject: REQUEST FOR CHANGE OF HEARING DATE; BEACH BOX APPEALS Attached please find the attached: 1. Request For Change of Hearing Date (with Exhibits). 2. Correspondence asking for the Request For Change of Hearing Date to be heard by the Board of County Commissioners on October 11, 2016. Respectfully submitted Tony Anthony P. Pires, Jr., B.C.S. i CWoodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 1 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wol-legal.com Firm Website: www.wpl-legal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error: any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. i f 1 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request.do not send electronic nail to this entity Instead,contact this office by telephone or in writing. a C 2 Anthony Pires From: Anthony Pires Sent: Thursday, October 06, 2016 12:16 PM To: BosiMichael (MichaelBosi©colliergov.net) Cc: AshtonHeidi; KlatzkowJeff Subject: 2016/10/11 09:00 AM Board of County Commissioners Regular Meeting - Web Outline - Collier County, FL; Item 10.C.; BEACH BOX APPEALS Attachments: REQ. CHANGE HEARING DATE 9.27.16.pdf; LTR. FIALA. 9.27.16.pdf Mike, after the attorney for the Beach Box agreed to have my Request For Change of Hearing Date being heard by the BCC on October 11th I never heard back from you. However, without any notice or "heads up" to me. I today was surprised to the attached Agenda Item. http://colliercountyfl.igm2.com/Citizens/DetailMeeting.aspx?ID=1016 Item 10,C. This Agenda Item confirms the fears of my clients that they will be denied due process in APPEAL PL20160001347 (the "Residents' Appeal") and APPEAL PL20160002324 if these "Beach Box Appeals" are heard by the BCC/BZA prior to November 22, 2016. [No rights, concerns, arguments, positions or objections of the listed parties to the Residents' Appeal (the "Parties") concerning the APPEAL PL20160001347 (the "Residents' Appeal"), APPEAL PL20160002324 are waived by anything stated herein or omitted herefrom.] 3 Tony O ATTACHMENT TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE O Collier County. FL Code of Ordinances Page 1 of 2 DIVISION 4. - PUBLIC PARKS AND BEACH ACCESS PARKING Sec. 130-76. -Title. This division shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance". (Ord. No. 2010-29, § 1) Sec. 130-77. - Purpose and intent. The purpose of this division is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. (Ord. No. 2010-29, § 2) Sec. 130-78. -Applicability. This division shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. (Ord. No. 2010-29, §3) Sec. 130-79. - Public parks and beach access parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this division for anyone to park in an area designated as "Public Park Parking"or "Public Beach Access Parking"who is not utilizing a public park or beach during the hours from dawn to dusk. (1) (Ord. No.2010-29, §4) Sec. 130-80. - Designation of public parks and beach access parking by resolution. (a) The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this division in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this division. (b) Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. (c) Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. (d) The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. (Ord. No. 2010-29, § 5) Sec. 130-81. - Penalty for violations. AIN about:blank 6/15/2016 viro Collier County, FL Code of Ordinances Page 2 of 2 Pursuant to F.S. §318.14,any person cited for a violation of the ordinance from which this division derives shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars($30.00).The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46,as it may be amended, of the Collier County Code of Laws and Ordinances. (Ord. No. 2010-29, § 6) Secs. 130-82-130-90. - Reserved. r c 1 3 1 about:blank 6/15/2016 � �g1415 7G�T`J Vo • ,‘ ti ORDINANCE NO. 2010-29 • c,�\tF0 BZI.ti'�1£6Z ORDINANCE THE DD OF A COMMISSIONERS 01,F0 COUNTY, ESTABLISHING REGLATIO �� RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit,which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." 0 Page 1 of 4 SECTION TWO: Purpose and Intent. The purpose of this Ordinance is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Public Parks and Beach Access Parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. A. The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this Ordinance in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this Ordinance. B. Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. C. Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted 0 Page 2 of 4 specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County Code of Laws and Ordinances. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 27th day of July, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,,BROCK, CLERK COLLIER COUNTY, FLORIDA )1-t1 (A) (j+ By. it• 4 S.0 • By: ..1'11 s..♦ �_� 111111MiT .utv Clerk FRED W. COYLE, CHAIRMAN 11.011141 " Approved to form and 1,1a1 s f iency: G=� Jeffre : � . rl atzkow Count • A is i ey This ordinance filed with the iftary of tate'sfil,aiie,.., 4:74 and acknowledg men . at fila. . . 49 day o 1. .11 Page 4 of 4 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 and correct copy of : ORDINANCE 2010-29 Which was adopted by the Board of County Commissioners on the 27th day of July, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2010 . DWIGHT E . BROCK Clerk of Courts _arid C erk Ex-officio to Board—of County Commiss.ibers JAAA, . . . .. '''. :::: .7-. .1' By: Ann Jennejohn, - Deputy Clerk RESOLUTION NO.2010- 143 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010-29, THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on July 27, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010-29, the"Collier County Public Parks and Beach Access Parking Ordinance" to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010-29; and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010-29 including the prohibition against anyone parking in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 3 (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 27th day of July, 2010. � ,l ATTE �'; h, § y.� , • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '. est �}••14; tr�De�uty Clerk By FRED W. COYLE, CHA AN 4 4 4.it-4 4 Appro -d as to form and legal s ifici y., kids VAN illira Jeffrey •r 1..i•kow County • o d,y { ri 0 Page 2 of 2 O ATTACHMENT TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE il ( i0 Agenda Item No, 17G July 27,2010 Page 1 of 10 - EXECUTIVE SUMMARY Recommendation to adopt an Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approve a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or "Public Beach Access Parking" in accordance with the procedures set forth in said Ordinance. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an Ordinance establishing regulations relating to public parks and beach access parking areas and a companion Resolution designating certain areas owned or leased by Collier County as "Public Park Parking" or"Public Beach Access Parking"in accordance with said Ordinance, CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation. These areas, however, are now being used for commercial overflow parking and private uses which is contrary to the intended public use. The proposed Ordinance provides regulations relating to the public parks and beach access parking facilities to preserve their intended benefit which is to provide adequate park and beach access parking for Collier County citizens and visitors. The Ordinance also provides the mechanism by which the Board may, by Resolution, designate certain areas owned or leased by the County as "Public Park Parking or Public Beach Access Parking." The proposed Resolution designates the following County-owned or County-leased areas: (1) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and'or required. (2) Any and all Collier County park facilities. At its May 25, 2010 meeting (item 16D8) the Board authorized staff to advertise the proposed Ordinance for future consideration. The proposed Ordinance was advertised for the June 22, 2010 meeting but continued to July 27, 2010. FISCAL IMPACT: There is no fiscal impact associated with the action. GROWTH MANAGEMENT IMPACT: Community and Regional Parks are inventoried in the Growth Management Plan. There arc no further impacts. LEGAL CONSIDERATIONS: The proposed Ordinance and Resolution were drafted by the County Attorney's Office and arc legally sufficient for Board action. -JAK Arida I;€m No 17G July 27. 2010 Fuge 2 of 10 RECOMMENDATION: That the Board of County Commissioners adopts the proposed Ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" establishing regulations relating to public parks and beach access parking areas, and approves the companion Resolution designating certain areas owned or leased by Collier County as -Public Park Parking" or "Public Beach Access Parking." Prepared by: Barry Williams, Director, Parks and Recreation Department Agenda I:em No. 170 July 27, 2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item was continued from the June 22, 2010 Board meeting - Recommendation tc acopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas. and approve a companion Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in sad Ordinance. Meeting Date: 7.27/2010 9:00:00 AM Prepared By Tona Nielson Administrative Assistant, Senior Date Public Services Division Parks& Recreation 7'2'2010 9:44:24 AM Approved By Jeff Ktatzkow County Attorney Date 7114:2010 344 PM Approved By Marla Ramsey Administrator-Public Services Date Public Services Division Public Services Division 7114'010 4:34 PM Approved By Kathy Carpenter Executive Secretary Data Public Services Public Services Aemin. 7!14!2040 4.42 PM Approved By Earry Williams Director-Parks&Recreation Date Public Services Division Parks& Recreation 7/15;2010 8:13 AM Approved By 3MB Coordinator Date County Manager's Office Office of Management & Bucaet '1x'2010 10.15 AM App ed By St:tirry Pryor Management B,,c;ct Analyst. Senior Dale Office of Management& Bu�„et Office o:Management& Bu ,.cget , S'2010 12:a0 PM :approved By Leo _ Ochs,Jr. County rI,a, ager .ate County Manaoers Office County Managers Office 7/18'20,04.22 PM Acerida tem No. 17G July, 27. 2010 ;-=. :)e 4 of 1') RESOLUTION NO. 2010- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN ORDINANCE NO. 2010 - , THE "COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE." WHEREAS, on June 22, 2010, Board of County Commissioners (Board) adopted Ordinance No. 2010 - , the "Collier County Public Parks and Beach Access Parking Ordinance"to address the use of certain public garages and lots for commercial overflow parking and privates uses which is contrary to the intended public benefit of these public park and beach access facilities; and WHEREAS, in an effort to protect the public's ability to access the public parks and beaches of Collier County, the Board considered the recommendations of County staff and determined that certain County-owned or County-leased lands should be designated as Public Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010 - ; and WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010- including the prohibition against anyone parking in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access Parking." Page 1 of 2 Agenda Lem No. 17G July 27, 2010 Page 5 of 10 (I) Any and all Collier County beach park facilities and beach parking locations where parking fees are charged and/or required. (2) Any and all Collier County park facilities. BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of _ , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN App oved as to form and lega suffic -ncy: i lit rip ilk rIlk_ . Jeffr:, . tztzkow Coun ► Aut. Bey Page 2 of 2 A ida Item No. 17G July 27. 2010 Page 6 of 10 ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health,welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY FHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the `Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of 4 Agenda Rem No. 17G July 27. 2010 Page 7 of 10 SECTION TWO: Purpose and Intent. The purpose of this Ordinance is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Public Parks and Beach Access Parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. A. The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this Ordinance in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this Ordinance. B. Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. C. Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted Page 2 of 4 Agenda 'tem No. 17G July 27. 2010 Page 8 of 10 specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County Code of Laws and Ordinances. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 Agenda Item No I 7G July 27. 2210 Page 9 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and gal s ff,iency: l'- ..it/i't Itet. Jeffre, 3. . ;:tzkow Count} At • ey Page 4 of 4 Acenda Item No. 17G July 27. 2010 Paje 10 of 10 201) • Sunday, June 6,2010 • Naples Daily News ORDINANCE PETITIONS ORDINANCE PETITIONS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on June 22, 2010 in the Boardroom, 3rd Floor, Adminis- tration 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 pro- posed Ordinance is as follows: AN ORDINANCE Of THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLE- MENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on 'ile with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. In- dividual speakers will be limited to 5 minutes on any item. The selection of an indi- vidual to speak on behalf of an oroamzation or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item Persons wishing to have written or grapnic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board wal 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 evi- dence upon which the appeal is based, If you are a person witn disability who neeas any accommodation in order to par- t cipate in this proceeding, you are entitled, at no tort to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deptart- mert, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 2528380. Assisted listening devices for the hearing impaired are availaoie in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA FRED COY.E.CHAIRMAN DWIGHT E BROCK,CLERK By:Teresa Polaski,Deputy Clerk (SEAL) June 5 'D10 No1855221 ATTACHMENT _f* TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 3309371 OR: 3460 PG: 1484 RICORDED in OUIICIAL WORDS of COLLIII COM, YL 12/10/200 at 11:22A8 DII61t I. BIOCI, COBB! RIC III 208.50 COPIIS 46.00 CI Rets: CLIAI TO ' BOARD This Instrument Was Prepared By, INtIA01EI 4iB IL00A Record and Return To: 117 7240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 ! =mom= = AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS i This Amendment of Restrictions and Protective,� Covenants (the 1Q' "Amendment") is made and entered into as of the day of NVMaimher , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County"), WCI COMMUNITIES, INC., a Delaware corporation ("WCI"), and HMC OP BN LLC, a Delaware limited liability company ("Host") . I. Background. On or about April 13;c 82, Coral t�1d4CCollier Properties, Inc. ("Grantor") executed and del eyed a Quit-C1ati i'13eed (the "Deed") by which Grantor conveyed to the/Co -t-he.\parcel of lid 'described in Exhibit "A" attached hereto ("Beach A ce$6-=Si.te TT Dee was recorded in Official Records Book 966, paffe }e � 1 orris of Collier County, Florida. Pursuant to t1} e sI t 'CD e peach Access Site was conveyed to and accepec�'b t e1C ught o pertain restrictions, reservations and prot '¢� .&) i( et {+rr2gpi the Deed, including without limitation thes'i's§trictions, resitrvations-aid protective covenants contained in the Decltr)aion of Restri. ionsia" d Protective Covenants attached to the Deed as' / ibit "A" ther4t0 ,, te "Declaration") , which Declaration was recorded4r.tfficial Recor ©k 966, page 1866, in the Public Records of Collier`sdutn ,..._lloslz``/ _/II- ( •1% On April 19, 2002, the County—tiled an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02-1562-CA (the "Litigation") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions") , and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. OR: 3460 PG: 1485 For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is0 hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1,000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz-Carlton Garage, and nothing contained herein shall be _construed as limiting the building area of the County Parking Garage.t -.0 r ,.__equivalent to that of the Ritz- Carlton Garage; however, ip ),Ie maximum number of parking spaces exceed 350. Simu ,ai ' sly with t gcpgnstruction of the Parking Garage, the County shall-, also, at its so'le',expense, construct and maintain a trellis-like str[UZtU Qz the._top level of the Parking Garage equal in quality and Rimilail'"ih.appe,arande to i\hat of the trellis on the top level of the Ritz,`-Cato e.>> e encing any construction relating to the Parking . araget e , i{iity . 1, submit to WCI, for WCI's approval, which apprbyralah� a,�� nre s nably, withheld, all plans, 0 including the designj',Ja3t�ieapi ' ,lig -Ag.,:, pr the Parking Garage and trellis. Withinreasonable timafter/rbeipt of the County's proposed plans for thi;Q rking Garage, 1/1)1(a-1i/ review said plans and shall notify the Count 4z writing of WC1'i,§,gyp' oval or disapproval of said plans; if WCI disapes said plans,.- el shall notify the County of the reasons for such disappz4vg1 and. sha}1�s gest revisions to the plans which may lead the plans to bts'aiicgp$We.'€o WCI. WCI may not withhold consent to any proposed design pans—On`the basis that the building area of the Parking Garage exceeds that of the Ritz-Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledgesal OR: 3460 PG: 1486 and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive Bo`n� NS�r Dgs,, Florida 34134 {{�ttr?:- vi-vik,liastings ,„Telephone: 239081-1213 Telecopier: 239/(98-8277 With copy to: Stearns, Weaver, Miller, Weissler, Alhadeff bt Siert . ;� 4 l East 40\.treet Suite-2.200-] Tampa"; Florida 33-02 _-; Attn: Lawrence J. Bailin, Esq. Telephone: 11-3/223.4800 Telecopier: 813/225089 In the case of •� the County: Colli!@r COiin y Attn: Marla Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353-0404 Telecopier: / - With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8`h Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 • OR: 3460 PG: 1487 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days, " unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI S, C.,, a Delaware co-'oration B t Print Na e: Ct1QX\ E:C { F Print e: et •EF 1,'70 ATTEST: •IliirGHT' E. tROCK,CLER4 CQLI,IER\COUNTY, a political ;s bdivisiom of the State of ., & vrid� ... By. '-,� , .De by Clerk •• Mat' t S i1ri. By:�3M`H`,ENNIN c, Chairman signature-onl ; Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name:_ _ Its: Print Name: App ved as o form 1 e1 sufficiency As. ` County Attorney Eisen T. Chadrell OR: 3460 PG: 1488 STATE OF FLORIDA Le A COUNTY OF e@bbICR The foregoing instrument was acknowledged before me this 3__ day of 1)OV2.01b4/1, 2003, by Cxv ' , as of WCI COMMUNITIES, INC. , a Delaware corporation, on behalf of the corporation. lit/she is personally kn.cam to me or has produced as identification. Pri ted Name I refl S C.-. Notary Public Serial Number (if any) : WIC0(03% My Commission Expires: (NOTARY SEAL) KAMEM3.00001 Notary PubNC.State of Florida STATE OF FLORIDA r.a.'' MY Comm.NO-DDµig 07 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP BNC LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me or has produced as identification. ( sr _, r • Printed Naim: - -- Notary Public Serial Number (if any) : ' oly COOmiSsiQjr Expires: (NDY SEAL) I:\w-re\36190\005\Amd ResCov-NCI002.doc 10/28/03 VCI LEGAL Fax:239-498-8277 Nov 18 2003 15:10 P.05 OR: 3460 PG: 1489 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall. remain.in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supersede, govern and control. All capitalized 1 terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number Of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHBRSOF, the undersigned have executed this Declaration as of the day and year first above written. Two witnesses: WCi COMMUNITI S, •C. Delaware co• orat:on nt NaW:t tT baCcf4-, , Pr n•Q.:'Mantalt,e _ 4�►= • ; ATTRST, S.S. aaoc9c,CLERX CL;aRs COVNTy, a pvlw cel r.� -. sthe t• 4t • By: 74103641- -a- Attestat sigma*, 1lx.`-, TOM HENNING, Chairmala. Two Witnesses: } C OF N LLg..,a. nelaware limited liabilit compan (()A/1E40.'1114 Hy:` � Print`ame: ��Prine: 4 EAi lll? I Its: • - ,cw 4(s O ltarna, Print Nat14'_PY1(Lil!k -Th c yl y'1 YCI LEGAL Fax:239-498-8277 Nov 18 2003 15:11 P.06 OR: 3460 PG: 1490 STATE OF FLORIDA COUN'T'Y OF C9h3IUR The oregoing instrument was acknowledged before me this 3 y of • , 2003, by , as �13La� l of WCI COMMUNITIES, INC., a Delaware co oration,meor has produced on, onehaalf the corporation. tie/she is pereonally�la G>� as identification. Pri ted Name TS Notary Public Serial Number (if any) : Wic/I6.n My Commission Expires: (NOTARY SEAL) �R ukik.SIM et ` . " Ah oonni Mo, Mame t,2007 RIAU ... cam MMMMO STATE OF FLORIDA COUNTY OP COLLIER The foregoing instrum7.nt wasknowledged befor me this A day of NOVtmber, 2003, by C (Qi o-w) , as ice �PS•' j if' of HNC OP HNC LLC, a Delaware limi> liabiiitX.ccOtiaay._on behalf hhalf ofothee He/she is persona 1y Tenor'.ifo t_ 4t,),,or" company. <. N ' -- - a,' tificatioa. Pri ed Nate:- e/7 c3c1 ,_ . " • Notary Pii311,c il My Cc i>;siion ',rXre3 L r V ` 7 mon"- 1 FAEU SA A DIBN NOTARY PUBLIC STATE OF MA RYLAND ;, rd sscgisysad u.Cw-*c My Commission Ei nes Apn}2d'"7006 / f} `1 OR: 3460 PG: 1491 SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is entered into this_ day of November,2003, by and among Collier County ("County"), WCI Communities, Inc. ("WCI"), HMC OP BN, LLC ("Host")and The Ritz-Carlton Hotel Company,L.L.C. ("Ritz-Carlton"). Host and Ritz-Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County, Host and Ritz-Carlton on the use, and the terms of use, of the County parking garage after Closing Time (as hereinafter defined). RECITALS: 1. On April 13, 1982, WCI's predecessor in interest conveyed to the County an approximate 5-acre parcel of propertp'("$each Access-Site'`,)yia a quit claim deed("Deed")which was subject to a Declaration of Restrictions and.Protectiye Covenants("Deed Restrictions"). A copy of the Deed and Deed Restrictions is �adhec}he�eta a�lwx 'fait"A. 1 2. On April 19. 2002 the C.,ot niy ftleclitian action in C1reuit court in Collier County, Florida, styled Collier Count* .v5.`WCI Communitiesiinc., Case No. 02-1562-CA ("Litigation") seeking: (1) a declaratory judgment',from the Court_based''on allegations of the invalidity and - unenforceability of the Deed Restrictions on the Beach Access Site; and (2) enjoining any'further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. -1- OR: 3460 PG: 1492 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4-story parking garage on the Beach Access Site which would exceed the 20-foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes,both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing,enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation,and accordingly,enter into this Agreement and agree upon the terms set forth herein. NOW THEREFORE, in consideration.nf_.th_e foregoing Recitals, the mutual promises contained in this Agreement,and and valva t i4eration,the receipt and sufficiency of which are hereby conclusiv ly and agree as follows: 1. Recitals. Th- p-i to 1") • a t : •v- :0 als\are true and correct and are l�• � 1 incorporated herein by this res ; .. ,N,, 2. Amendment o�A Restrictions. Th ? uOty -•y agrees that it is bound by the Ly �. Deed Restrictions which are the s. 61 a Litiga.. .\ rltaneously upon execution of this ,,T//1: (11C- Agreement,the County,WCI and Host shaItexeeute an amendment to the Deed Restrictions in the form attached hereto as Exhibit"B" which shall then be recorded in the Public Records of Collier County,Florida. ("Deed Restrictions,as amended.") The County agrees that it shall be bound by the Deed Restrictions,as amended. 3. Construction of Parking Garage. The County,at its sole expense,shall be permitted to design,construct,and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2-story parking garage owned by Host and operated by Ritz-Carlton -2- ;i le OR3460•• PG: 1493 I 0 known as the Ritz-Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz-Carlton parking garage. Simultaneously with the construction of the County parking garage, the County shall, at its sole expense,build a trellis- like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top level of the Ritz-Carlton parking garage. All plans, including the design; landscaping and lighting for the County parking garage and trellis shall be subject to the prior review and written approval of WCI. which approval.will_not be unreasonably withheld.The parties hereto vet_R Co exceed tthe( . acknowledge that the County Parking g • ea(square footage)of the Ritz-Carlton 1 Garage,and nothing contained hefein copstrued as limiting thebiilding area of the County Parking Garage to an area equivalent to/that/0 .4,;,i -. t. _1.r 1-• •• - er, e maximum number of parking spaces in the Count) Parking a s all + =• i, V j 4 0 \ r1 . tii 4. No Additional\'-erking on Site. The C-1 -y: nty pg ks iat there shall be no additional parking spaces (beyond the max umber of 350)ev k / cted on the Beach Access Site, and that no additions to the County park £rg4i e made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure of Parking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown ("Closing Time"). 6. Use after Closing Time. Notwithstanding the provision in paragraph 5 above,upon reasonable prior written notice to Ritz-Carlton and Ritz-Carlton's prior written consent, which consent shall not be unreasonably withheld,the County shall be permitted to use the parking garage -3- 0 OR: 3460 PG: 1494 after Closing Time during limited special events,such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar year. The County's written notice to Ritz-Carlton seeking Ritz-Carlton's prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz-Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent. which consent shall not be unreasonably withheld. Ritz-Carlton shall be granted a license/permit to use the County parking garage after Closing Time for valet parking for Ritz-Carlton's limited special events. For those special events when Ritz-Carlton uses the County parking garage after Closing Time.Ritz-Carlton shall pay to the County a usage fee-6f S6:00/car, oi• a Ibtal $300 per event, whichever is more. Under no circumstances will this fee exceed.$1000. The nuipber.of special events for which the Ritz-Carlton may use the parkiingp eia to Ipsir ,7�n shall not exceed twenty-five per calendar year. Ritz-Carltons Written'request'tci 'ie County seeiting the County's prior written consent for use of the County parking garage after Closing Tit e shall be sent to: Marla Ramsey. Director of Parks and Recreatiod,,'$ 00,.Santa Barbra, Boulevard, Naples, Florida, 34116. Simultaneously upon execution of this Agreement,Ritz-Carlton agrees to execute and deliver to the County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits.variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. RCI makes no representations or -4- OR: 3460 PG: 1495 warranties on the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Agreement,and they shall not he bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire A.reement. There are no other agreements,promises or undertakings between- or among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this Agreement. No alterations, changes, modifications or amendments shall be made to this A relent except in &i tln6,and signed by WCI and the County. 10. Dismissal of Litigation_ Simultaneously-upon execution of this Agreement,WCI and the County shall execute and:'file a sjipu4aticm o;dTstRis i1 Nuiit t;-prejudice of the pending Litigation in the form attached hereto as Exhibit-1X' 11. Survival of Terms:;All terms,conditionsrights;ands._ set forth herein shall survive execution of the Deed Restrictions,,as amended; and'the dismissal of the Litigation. 12. Severability. Should any provision of this Agreement he determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. -S. OR: 3460 PG: 1496 WCI COMMUNITIES,INC., a Delaware corporation By: / lWA `s;.> Name: 1 • ' • - Its: A 1-1 EST: DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA By: ,Deputy Clerk TOM HENNLNG, Chairman yY F tir HMC OP BN LLC, a Delaware Itmite'd WITNESSES: liability company . - .N. 6. ,k i"v1',n"R J ,�- Print )//V/ nt Name:C R.M, /1 (_ :C y�B . = Pci. Name: Cr LA �Il�, <'� i �, Its: LA(' THE RITZ-CARLTON HOTEL COMPANY, WITNESSES: • Print Name: (Z• Wei r4ky, 7 - I ("kk5 Print Name: By: Nara . K neth R. Rebmann Its: xecutive Vice President & :'Chief Financial Officer -6- Appr en as to j 4a1 sufficiency ;.. � staannt County Attorney Mem T. Chadwell DUt DAJL r1.17? IJ 'rl L: • '�, Eca:,. :���C.� ('C POCK f n .. . :... f� / vu:T-CLAY DEED .- /1 Thisi Vut-C' ' a.a Coad, executed this 13.th day c'f April, 14E2, by • CORAL RIME-COLLIER PROPERTIES, Inc., a Florida corporation • hereinafter referred to as A1(T R, to MLLIE32 COUNTY, a political subdivision of the State of Florida whose postoffice address is Collier ;aunty ',invert-went atrplex, Naples Florida :.3942 hereinafter referred to es GRAKTEE: (Wherever used herein the terms •GRAKTOR• and ',GRANTEE' shall it lude singular and plural, heirs, legal representatives, and assigns of t individuals, roe the successors and assigns of corporations, wherever the - context so wits or requires.) WITNESScin. That -MTOri, as a gift and in fulfilloent of its obligations under t Pelican Bay PUD Ordinance (Collier County Ordinance No. 77-1E, as meter ; a c the U.S. Amoy Corps of Engi nee.s_Fee-=i-t. No. 74K-O2 � (hove.^be,- 1E, 19B;), o recorded in O-`ficial RecT riesiBP4Ln: c` as d 1844 through 1E2S, Inclusive, •f the Pupil,: Records or C 1 S 4o FTl n,y oG hereby mise, release ar-1 quit-claim unto on:.,N E_ ai,\ he right title,. <it;res` claim and demand wrich �A.NTOP. has In and t5 :41►e,fcllcwing described Io.k..; piece cr parcel of lana., situate, lying an beirl .in the County of Collier;,State of Florida, to-wit: A portion of Section 7.,2, =,prrsh{p 4 South, Range 25 East11 .er State of Florida, as mor ..p rticularTy described. on Eshiibi t 'A'r�to Schedule 'A', at:ac! z" -and i a?^.;'a tifr f. subject to: • 1; Taxes a d a sess s fd 19E2 ,ar -Yerr Lbsuent year,; ser ZJ That ter.,1n Dc Y £ TQttOr R` Ri31t' = j � . iA:1:, 7E:7:VT_ C..3'YE_4A T — ('RE_:niC'ioiL ), attached heroic and bade a part hereof as Sc`•eduie 'A'- ' ;.) The resew GR -,right of ANTOR to Conduct ecertain fi 11 act,.v ties as oz's- per fitted 'n thel U.S. Army Corps of Engineers Permit No. ? -CLEC Com` ( ice ger LB, 1951)'. •-b 4.) The reservedricht cf. TA?TDR tp;tor;struct a one-hundred twenty ;-,201 • parting so ace fa_^.iity, in __sati5fa tor, cfptaboo Bay FUD O inane= Section ;3_S;D.) (Collier aunty Or^ir.arrve No. 7-;E, as - trr_iud;ng but not limited to such construction-related act'vities as site tszo preparation, pavin , drainage, curbing and landscaping. `--7 5) An Easement reserved to GcAMTOR and the PELICAN RAY IMP4OV� D �� OISSRI C, (P.B.I. .}, its successors and assigns, to construct, operate, . • maintain, repair, replace or rebuild drainage structures and water ant sewer utilities in, over, on and above the property, with the richt of ingress and egress. GRAN-MR or P.B.I_D. shall repair and/or r�1ace any area which it may disturb, damage or destroy In the construction, operation or maintenance of said drainage structures and water and sewer utilities. - 6.) An Easement reserved to GRANTOR and the PELICAN BAY IMPROYE N T DISTRICT (P.B.I.D.), its successors and assigns, for that parcel of land as yore particularly described in Exhibit "3". t:o Schedule 'A', atta:hed hereto and Jade a part hereof, for the operation and mai rt.enance of-w:er.' • management purposes. : i AGENDA DA i Eivi This lnstri. ent prepared by: he BC This document accepted by t No. P P April 13 1962. � or -� ...,. "7 Peter O. lcht : � r�, Ea. Pel.' B- '31rd. EY. l%-.: ,� I- IL Naples, FL 3394C r. hour(, C. '� t =- . . RECORDER'S MEMO: Legibility ; _____ of writing, typing or printing QC. I. unsatisfactory in this document Page c' I. - when received. -- _ ( af LZ u % JSSc GDi565 DR BOOK rAr - IF 'A 'AXY`Ti1lZ:TltE PARCEL DESCRIBED -I!4 Eilila IT `A' IS USED Fa LTT HER THAti•- PILIC BEACH ACCSS PURPOSES,•THE PRC= SHALL AUTOMATIJ,LLY REVERT TO aP.A TOR_s TO HAVE AC To HOLD THE SAE together with all and singular the aCpurtenances thereunto belonging or in anywise appertaining, and all the estate. right, title, interest, lien, equity and claim whatsoever of ERANTOR, either in law or equity, to the only proper use, benefit and behoc` of 61AKTEE forever. IN ItITHUS k-E EDF, CORAL RID E-COLE I�.� PROPERTIES, INC., a Florida corporation, has signed and sealed t.l se presents the day and year fIrst above wri tten. Signed, sealed and delivered �1 in the preserve cf: CORAL RIDGE-ILLI=e P ns`'cc Ross P. Objet', Presicen: STATE OF FLO ..Oft V Louis ii: fFoegs:e�, Ass-.; : () COiJTfi:' OF CO' LI , ) • • I HEREBY r..""RTI. ••-ilo �y an q`ficer duly aut`or'zed ir, the State aro d t.:: - un y, id ito take y.ai:t led�ents, personally ac. d OS. P. 0% -sid rpt cf Coral R1dge-Coller 1:::Proper ties,pc , n b tae •n •e' c i bed 1 n and oho execrted thefaregoi - str nt en he ac xlel b. g me that he eke_-ted'-^iesane.1(13th dm � ar� off ficial seal - .y z::d State last afy^.re•-aid.,,g:Vuilli , : : 201.it' this 13th day .' , 1582. __L. ._.TSEIRC i- .. .� c=% - V' C actary YJbf1c p My ca fission Expir/WI ACT PLIOC e._ J•. - - CX, M'CC.t I!51iY1 r' 5 CV:aI9 5 y.•'vCrD tht::CINE Al Its.Lt.,•tv.l7:.+�S �,raEh DA(TEEM t RECORDER'S MEMO: Legihilit� DEC 7UC'I of writing, typing or printilw / i unsatisfactory in this document _ when received. ;aae � e i. — 7 , • e00956 oorscE 0 _ • OR BOOK PAGE DE=ARATION DF R_S R;C*,jolts MO PROTECTIVE COVENANTS • • FOR A PORTION OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 , C7LLIM CDUKT7, FLORIDA This Declaration of Restrictions and Protective Covenant; made this 73th day of Apr'I, 19822, hr 'CORAL RIDuE-CZjLLIER PROP_E TI:S, INC., a Florida • corporation. : WITNESSETH : idiEEAS, CORAL RIA^cE-DOLLI.,s-•�, PROPRTIE, INC., a Florida corporation, presenti, haying its principal place of business in Collier County, Florida. - :.9e teccrd owner cf the PUBLIC BEACH ACCESS SITE as described in ARTICLE I of this Declaration, desires to create a quality -development with restrictions, covenants, servitudes. impositions, easements, charges and liens as hereinafter set forth for or the preservation of the property values of the OWNa"t5 therein. NOW. TIiEREF RE, CORAL RIOGE-COLLIE+Z PROPERTIES, INC_ declares that PU33LIC • BEACH ACCESS SITE or arty portion thereof as described in ARTIC.E I of this . Declaration+shall be held, r d oto, conveyed and oco• ted subject to _ the restrictions. cover.an st +��ee ` '!ate f los do ss, easeaert;, chances arz+ l liens hereinafter sP__( c'"l�y. _-- `"' �.�� The real pro�q¢t�� s o thisJ ,�\� ?;QT_C+IYE COY_.Y;�7QTS that real Dt� K OF b_ 'A',:DtLi AND ire and made A pa ae 'eof \lproperty desc. bed n Exhibit •A', at:xc�a r, / . I (C 0 1 V (...„ The fellow , n t Dem` O meanings: .. 'od have the , ll� nc �7 1_ `PUELIC 4 ACw$S SITE' _L/'� ' W Section 32, Tarn-. South, Range 25 E- l • rifer to rIaa, aPortion re ,� particularly dew.. `"habit `A", attached ��rty' Florida, a; of. r' tt;g�and wade a part hereof. O 2. •Ji ,ARAN;` ally, so_and refer- ,,a( — GI IRC_. a Florida ida con,ora o.c T ' y"'�"` DG- `ALL? PRGF sin ss `v Y en��1 a+� �.s prlrripal place of business in Collier County, Flora 4 tau&e5s�y�nd assigns of anyits richt; under this Declaration;- __.------- or all of 'P. 3. 'DHlIFs"t' shall mean entities who are the reco,-nd refer to every Denson or persons or entity or t0 owner of a fee_ interest In PUBLIC E.ACH ACCTS N SITE, their heirs, successors, legal representatives or assigns. • ARTICLE II 6E?MAL RE , r'"r'ortc • 1_ USE RESTRICT:QHS_ a.) RELIC BEACH AC, SITE E may only be used for the operation, of a __..... ....... __ _ public beach access site aid attendant facilities, inciuling but not l sltq -,1Djj�����et fr• r } . to such facilities as parting, beach recreation, natere trails, obser*ati qq areas, dune walkovers, beach sun shelters. res:roans, arfi beach eou p•- nt.:-.1. - I'L..L#•"i storage_ P n 11-17 • d b.) That portion of PUBLIC tef' — USL. SACH AC=3.3 p VA-t• L- .3;:;; described on Exhibit .'C'. a -tacized hereto and made+ a paa� � p,5?4 l arty used for only passive recrma:tional purposes, ircludirg but,not limitedst6 du11 brieg, _ - ralkoyers, beach .sun, sheitars,._:rest�oas,-,and -'beach equipment f Provided, however. public q pn th pol.fo of P'!4LIC BEACH ACCESS SITE u i re hall not be a permitted use in that pa^"lan "( particularly describes on Eahiblt ir C` RECORDER'S MEMO: I_r,ihilitpCi of writing, typing or printiint SCH_DL_ i ? tJl, i ; unsatisfactory in this document PsCre ' -• - I when received. i Z. s -_- _- ...1..'',' ;ice.. 4.F: �T_ ....1'.-. - +y 00096e 499557 • OR BOOK PAGE c.) Bo-building, structure, facility or other i:provement shall be placed • in PUBIC gni ACCESS SITE unless and entil declarant has issued its prier ' written apS rnval. loaapprovai�nk concessions shall be oermittec without DzECLARANT prior written d.) Vehicular access to the parking lot at PUBLIC BEACH ACCESS SITE snail not exceed a�single entrance prior and exitfromten approval Vanderbilt plan subrath Riaded(bRQ1(No. R 5-862) without DEDLARANT'S for additional access. e.) All facilities, parking ict: and transportation systems serving PUMLIC BEADi ACCESS SITE shall only be open and acsi le to s he ?ubliI durum:, daylight hours and shellclose one(l) withourh the prior, written nighttime uses shall be prohibited OWNER by ` approval of DECLARANT. • f.) OWNER shall provide water management areas for the PUBLIC BEACH ACr=E5 SITE in accordance with the requirements cf Pelicanl Bay c int District (P•B-I-D.). Surface water drainage and management, 1 ini ged to capacity. shall hconform overallwater • management requirements of P11.I DarYeevith the aapreval of . 2. BUILDING SETBACK LINES. SIZE OF EJILDING, SITE RELICTIONS AND BUILDING HEIGHT. .r' CtiO a.) The min' AV.. o •4 ? g.tr dares or parting areas Shall be the fortythe southern p e 4 rte and twerdy (20) feet free (40)northern :--ern property lines. � .r faCT14-� ' i AESS SITE shai l e-'=.'' 1000 b.) No/buil,! _ P c BE square feet per strsc_u . \ ,i .j e �' T• at. ^ixd s:nuc:ores siail be c-) - i? i attre twenty ere feet. 33 ane-half (1/2) s•..m of t.. it r%.s b O _�C by. -.,4r t any sh- t e•d twenty (20) feu: ir. d.) height abo .i5hed grade of the• Ve. W 3. WiDSCA I�$Mr: -- _, a_) ..All let •ion in PUBLIC BEA. I S SITE shall be left in its O native state. when mevol of + elation is necessary, a plan ,.el �tj/ 0 shal`'be _,-0;1Wfd to DECLARANT `c. its prior, G7 for such remora �/ / written approval. \ //j (_ i F--' b.) All reasonable afforest 'sW Tl be taken tc retain the native veyetaticn in areas surrounding all structures. walkways, facilities or pared areas placed in PUBLIC BEACH ACCESS SITE. However, in those areas, other than paved callO areas, where the native vegetation is moo red, OWN ERR shall asrelaccely• aci `• maintain such areas as landscaped areas. All landscaping shal as pcssibie. approximate the native vegetation in the surrounding area. All - landscaping shall be accomplished in accordance with a plan approvec by DECLARANT. i c.) Prior to caking any change. variat'•en or deviation free the aaproved ieaster landscape plan, OWNER shall firs: obtain DECLARANT'S written aepr'ovai of the change. variation or deviation. 4. VANDERBILT BEACIi ROAD RIGHT-OF-WAY As required by Section 13.3(C) of the Pelivan Ray PUD Ordinance, ,_the ,7_-' • northern seventeen and one-half (17-1/2) feet of PUBLIC BEACH ACCESS iSiiE ie adjoining Vanderbilt Beach Road (S.R. No. 5-862) shah . ..,be reserved as • , • right-of-way for the possible. eventual four-iantng of Var4erbilt Beech p,.oad+'�• i . by Collier County. Upon demand by DECLARANT, OWNER shall dedicate 0:he ✓. appropriate overaneta: 1;ri' 1 ; ',:1' northern seventeen and one-half (17-1/2) feet to the aoprop. 9 agency as a public right-of-wad. — — i E. PAR3.INB. n ,, �rL=_ .11110 DECLARAXT shall develop a pertion of PUBLIC BEACH ACCESS SITE to orovice a 4 /I im RECORDER'S MEMO: Legibility 1 1 U.,: • of writing, typing or printie 3CHE e 1 -1 unsatisfactory in this document ''; ''• i when received. I _ 000966 il'ri 1 862 AM OR BOOK PAGE • ' £int3tae of one-hundred twenty (120) parting spicas for the purposes of public beach !r-:ees. OWNER shall be res;onsible for the cperat:cn and maintenance of said parttrr spaces. There shall be no overnight parting permitted in PUBLIC BEACH A;. Sa SITE. 6. PLANS. SPECIFICATIONS AND LOCATIONS OF STRUCTURES. a.) No structure or facility shall be conenerced, erected, improved or altered, nor shall any grading, excavation, tree removal or change of exterior color or other wort which in any way alters the exterior appearance of any structure or facility be undertaien without the prior written approval of DE.ARANT. b.) OWNER shall, prior to the commencement of any construction in PJELIC BEACH ACCESS SITE, submit in sequence to DECLARANT the followine materials: (i) a `preliminary concept' plan which shall include schematic site plans, floor plans and exterior elevations; (ii) 'design proposals' which shall ir_lude more detailed building and site design doclseentt sufficient and definitive in detail so that there can be determined the character, exterior appearance, exterior materials and colors, and the quality and kind of building and landscape materials proposed; and ('.ii) 'construction plans and specification' which shall be a true extension of the preliminary concept plans and design proposals. DECLARANT shall, in writing. after receipt cf each required submittal, approve, approve suejest_ to required changes. or reject such pians. proposals and spec s(at�j submitted to It as required above. Failure to obtain wt i t g tail- of all inch plans, proposals and spec'ficat'��,eeq�.>prtor to :�'i0-c •>-ent of any construction shall be deed a Srte'lc.'ar breach hereof and' C shall then have the right, in addition o'ar her right permitted by aw o., in equity, to proceed in the courts c„ a -a--sagdatnry injunctio re; lring any construction done without said wf-i;ten. .;-Duan -tie torn d wa or move: forthwith at OWNER'S expense. / \ c.) the approval, rejcti f � ling I .lo 'J p Y Ci�lvZA`i7 rfccf the plans, pposals arm so omrail st. res, and every alteration of a Sill �1,Z t • stru_ c 1._, eted as 0 a representation or determ ha�I ,. DE,... 4• -i •- any i 1: Ing, - electrical code or other i<iicable governmental re ations or, r 'rearents • - . have cr have not been prope > • by the OWNER. C. ;. shai'il SPonsible for cbtalnirg all nr_essary\` rn}sical data and tc abpl -rai6n tc and �'`a obtain trr approval of Collie r5'u y Pelican Bay t e Fletric`, and • try other--approp-late governxoe Y1 moles prior to cent' �/cf any work . p or construction. \ J \� f - d.) DECLARANT shall have nc dvay,�,•�e ansib}JlJ �r-1 i abi 1 i ty tc any or-liability or to any other person whcrosaever -i ._Les ._---en-the exercise of its - - rights or the failure to exercise its rights. DECLARANT may reject plans, 1-.—i proposals and specifications based on any grounds or reason whatsoever, v, including purely aesthetic grounds, in its sole and absolute discretion. Co DECLARANT'S decision to approve. reject or withhold its approval cf such work 6'"'' may, in the sole exeroiso of its discretion, be based upon: (1) the harmony • of its exterior design, color and location in relation to, and its effect " upon., surrounding strur;`ures, vegetation, tcpograohy, and the overall community design. (it) the character of the exterior materials, (iii) the • planned quality of the exterior workmanship, (iv) DECLARANT'S design and construction standards, (v) the General Development Plan, or (vi) any other material and relevant factors. 7. a ERIOR COLORS AND MATERIALS. • `, No exterior colors or materials on any structure or facility shall b • permitted that, in the sole judgment cf DECLARANT, would be inharmonious or discordant or incongruous with the Pelican Bay cow:unity or the PUBLIC BEACH AC�SS SITE. Any future exterior color or material chances desired by OWNER must be firs: approved by DECLARANT in writing. Na osts dogs or other domesticated animals shall be peresit ^ v'•ri t ---- PUBLIC BEACH ACCESSS - r1 No. f C_ RECORDER'S MEMO: Legibility = ;( 1f writing, typin I or printin i 74T unsatisfactory in this document '`'`.°": °,n. 3 of - x when received. _ ,0• - ucU ° . , G , IBo BOGS F.',-,4 lir c. FACTORY su:_T STP.0 URZS. Noscture or facility of any kir.•', of whet is cacronly known as 'factory built', 'modular', or 'motile home' type constriction stall be erected to r - - PtIlL!C SEA::S ACCESS SITE without the prior written permission of u_:LARAKT - 10. UNDERnui GU W triL_iT LINES. All electric., telephone gas and other utility lirr*s :must be installed • und•nrourr , unless prohibited by law. • 11. /STEMMAS AND FFLA LES. • No outside antennas, antenna poles, antenna mast:, electronic devices, antennas towers or citizen band (CB) cr taateur band (ham) antennas stall be permitted except as approved by DECLARAKT in writing. A flagpole(s) for • display of the =lag's) of the Onited States ..f America, State of Florida cr Collier C.ountv, Florida and such cter flag(s) at are first araroved in writing by DE:L4Z R-7 shall be permitted. Provided, ncrever, the design and location of the fl e--pole(s) mus: be firs: aper-aved In writing by :E"titRA/C . A:. arpr^ved flagpole shall not be used as an a.n enna. • • 12. TryP•JL iZ`: Ah: AC.ESSJR! STRRL`"TUR:.. Mc ter arer;, G3 )'7ss * :^Ba icrai vehicles (PA'S) or cra^, structures shall be ptrdr�i:zcAd_.' be �s�d,APr<ed, =et-t: cr *main ove^;i^ _- unless their sire: appear-a':2 and te:rporary location i; tne PURL:: SEs..RS SI'- have f' �s:.--been approvedby _�iR tTin writing. U. Cw :N i..L..'il- R D^ :MI V All aarbace and tras`r'con.a`re-s tr.', Pi:^oL:C „BEACH ASIS 5:7E s,7 l' Pe piaced and airtsine^ t+y )Sitfl 1t rv�'e�t oven cpr,:a eraothe r • attractive ran 'J,+p�^ C 1 /F - 'a or see :a fes. a ed�,5� b:,....�,Z`11c7'� putipcses of this e� d 1. a 7 1 ! er_tica, 'pcu- o • ,o ril c-ef ai;lerf •fiat, notbe ccn.sicered an at-tractive ,. a} -i . i va r j b t t . _. O :rem do 'K i nL'arrls 5 s, an s ..._ie' p�s a . 7d areas so :b iutdoy shall not :e r-ad'v.:ver c -?C or.- a_edvIn^rs:c.-:.-,c-be-re� be •nstalIed arebnd Nese fact?,.,_, ble, -rlaCecu _ arescr» tag sten', art A r,:ainC^ bv'Oii!( C... Crt . O "TG7rAll aim can_i sating uRj: shall he s.felS,ea and < 5hia' v that .t. v ;hal' c: Le rtaciiv is wdT' all- cbd}t[hn'rg units noper:.-. .ed or.;rnenthe prnor w .enapt-zfn df ly> AR,NT. R'rCow air _ nnirc tSs all r t Ca i:_�C. • F-1 15. 5CLAR CaLLETOPS. O [u .. - Solar collectors shall only be permitted at locations or ' are first approved in. writing by DE, AR.A.'I7. and as 16. SILT-S. , No sI one, fr✓-stam!i:rg or other,;se Ins:2?led, shall be erected or I displayed in or on any land or structure, unless the plac=ent, character, forte, size. lighting and tine of placement of such sign be fir;: approved in • - writing by CECLAslAXT. All sign, must also co:-fc-e with governmental cones ars regulations ark with any easter design plans for signs est�iisned by DECL.4TAli;. _ r art f i7. WALLS, FE?I , PAYING AND OTHER „ZJ;TL'RE_S. T�� e rNo walls, `eits, shutters, walks, boa-3veiis, docks, ca s r, r �w._ st7+clues shall be constructed in PL3L_ 9EACi As SITE until i.s hequi;: 1 -J::� • 1. length, type, design, composition, materials and locations shall have first been approved in writing by OECL.ARAN'. Any dispute as to heighcji ��'., r yp_, assign caepas1t1on or material shall be 95a ^s:L r decision shall be final. Hu resolved by w ss,- -� Hurricane aro store shutters shall no: be'' a - i line exterior cr any structure tacit l ty, �_,., ._ '/, �\� r �Nv .. RECORDER'S ME:1'10: Lerlihility r : of writing, tyirin•: or Ninth),” — _u • unsatisfactory in this document - - when received, _ Y .. .. 5..• ;.: rt[V .. _ J , y OR la. L:o}!T:RS. ice exterior ligntim of PUB:..: Z_;,:” A=,Z3S SITE .r.ai , be p ..,.._ eithaut fEC�AFAYT'S prier written arprovei of^a lighting i ts.' %r o Ln .... Cy 19. KAIXTEKAtirZ- OF PREMISEC. %a refuse or unsightly objects shall be allowed ;o be plated or suffered to remain in P2L_1C BEA03 ACAS SITE. Ail structures and facilities in PSl3L!C BEACH ACS SITE snail be kept in good, safe. clear., neat an attractive condition, and t11 structures and facilities snail be maintainer!. e finished and attractive condition. 20, YAT.-"'ts !aAXAIIEMEN, AJ'EAS. a.) tic structure__ of any bind shall be constructed or erected, nor sial DINER in any ray change, alter, impede. revise or other rise interfere with tae flow and the Yo1um of rater, in any port-ion of any water management_ area .. reserved for, or intended by DE:LARART aid the Pelican Bay i.rrovessent Di stri bit (P_B.I.D.) to be reserw_d for drainage ways, siuiteways or for the accsu1aticn of runoff eaters, as reflected in any plat or :asst:,. - of record without the suec`fi.. en t_en permission of DECD" k and P.S._.D. b.) JiX shall in no way deny cr prevent ingress and egress to ss._n . eat.er management areas fcr .tea:rtenatre.. or iandszsce purposes ev Ca:'__:/..T, P.S.I.D., Pollen Zay, ':c4( iia.;fle4 iF upoa;ion, tact or any cyrcpriate. '- governmental acey,'et;i may re_scra><l , e;;uire any right of lrxress and ec:e5 s, and ea .s...Meer,.).`traereforie are here Py..s^etifically reserved and o' . B H AC • c.) P' L:C �h: ._.`SS S.:TE shall not be increaser., in size, from yrlt..ir, • or outside C P'• '_Ic "o 1CC _..S.iTE withaut the -;or consent ami P.E.I Lt' '-b ` p• written ._tson. nd I y gill ,ca. y f'.iitng in any water Cr -e:�r:_.c.,•a^d drainage arras pr. cin i ;abtits .._.pj (ER ha.s.o fill, dike, rip-rap, bloc:, diver: cr :ha,- ' �'fa--Tg✓a�h,'lis`he. d hafts, ``Mr e rr i.cn ax' drainage areas that have been pr aril be cr4opter LI a es.t*t ?• - ' :71_ oFcLARAtrr s..S� ,LeA_`lQ' _ Gc=:1�i..A.�i^;.ay c.^3n w!th.'1...+c Cr 'deiv 1;s pe iF - . is ion r- `apo-ovc any. . - instance mere ;_. permission aha..-i^ Psw `_e- o- reur.r� rt an. t.`a . liability of a 'o&t _ or kind GYN Rre_c am ether person for `p whatsoever, ant-4n;..pe�i5e c�, Cr a:.y�`Ya?'c-g od ,,.._. be bS.^.'d'••••••,. �� -• persons. Loo^ all O '� "r7 i� i Cil ArTI^ 1. I, cENEPAL PRUVIS_uOkS c-rm O 1. ic_st vtD R_CifTS_ W a.) DECLARANT reserves the ricnt to conduct certain flita _t< as perei tted in the .S. Army Corps cf Engineers Pe. No. i i'. es e- 18, 1981), as recd mer' 1n Official Records Boor 966 Pages. 1524 through ice. I inclusive„ of the Public Records of Collier County, Florida. t b.) DEC:,.+RA?i reserves the right to cor..str uct a one-hundred twenty (12C) parting space facility In PI3LIC BEACi ADC_SS SITE, in satisfaction of .Pelican Bay PUO Crdlnarre Section 13.5(D.) (Collier County Ordnance No. 77-18, as amended), including but not limited to such construction-related activities as J site preparation, paving, drainage, ciirbin and landscaoirr. • N a. c.) DECLKLAKT reserves an Easement fcr itself and for the PE_I:.Ali SAA P!PAIIvel{_KT DIS RIC (P.2.1.D.), Its successors and assigns, to - .:Gr_-^mss =. operate. esaiertzin, reasir,- replace orrebuild drainage structures art bra:aid-, '��, j t_Ni arr.; serer utilities in, over, on an.: above the property, with the right of'°"'• --••. i ' ingress and egress. GRANTCrt or P.S.I.D. repair and/or ? c it _ snail rep acs a;y area whichmay distort, dmage or destroy in the corstr ucaon, coo 4 or NOV ai^ter.anca of said d-linage structures aro rase- and sewer w'il'ts 'rLIi— RECORDER'S MEMO: I e;lh!It, -. __ i_ ){ w q °sr.± ; �.il l `I.,,, rltln.,, tvrin'l Or plintili.' i unsatisfactory in this document when received. • 0009DDi87i DR ROOK PAGE d.) DECLARANT reserves t; aesexnt for Itself and fee the PSL ICAK BAY I.KPROvz'iExT DISTRICT (P.5,1.0.), its successors and assigns, for that par_•el of lend as sort particelarly described in �tribit `6'; attached hereto and ter-of,a part for the operation and`Maintenan.e of water management purposes. 2. PITS CER shall cooperate and assist DE:::_ARAIST, includirre becxing a joint p1icant, in any permit replication to any govereental bodies for the • - purposes of facilitating public beach access. _. MEEJ1E5T. Dt LRAAT may, in its sole dis.:re*_?on, modify, =end, waive or add to this • Declrraticn or any part thertof. The power of amenn., however, shall be limited tc e.:difica.tion Cr enlargnt of e:,isting covenants which shall not substantially ie,air the general and ur.ifore plan of deyelmor..ent originally set forth herein. L. t:AIYER. Any waiver by O_.L RANr cf an ae s3ca Lr- tris De^ b h Y pL`' _;arm. ave. or re:.. hereof oust be in writing areshall edl ,eP..'-:( er bt'tpnstr e as a waiver Cr any other prori tics or S:rbsecue_rrc z tr: • ' 5. DEi�,A-1CN Ren WITH dti;• ..�"�yKTl. i be coye ^'_IIL..S '• , CDR�`l. C7 ,.nestrItions.S:Tc E oration run . r , rlAmE '�i 5 shall r n wit^ the te ro birdthe' propertVitein y PU _ ACCIECS :t. is _Ln'hT $ Intent,: to conserve enc --otec: the natural a". t}e,PusLIC, BEADi ACCOfor the benefit iof t ign iand II,uitrl$ own s 'df the real property enc.-v.-her-ad d herein_ The . csecf tits! e TTi atic Ma 'sates, a i is Dc=L RANT'S irr_ert In' fL'rther ¢' !t`' ;tris t1r•p'zise. +-}la's _h i—Declaration he 70 Perp.etual. 6. Kl.irll OF FIRST .r(C:�..'�.(.Mr_ W '4=13, If at a , � -a Seidl .r 'offer tc, sell, '_se ;Ideate, sescpgo O otherwise convey an •1 . b -.tte-. Pliel.ir AC_,cS* arany portion ow . . tnoreof, tc ary person cr e � y' -01fNcc hail fi,rsf -notify DECLARANT ir. wr',ticg of the proposed transo ticrT'_ t vt�A.A�t ,Shall -have the ^avert within - s =ty (60) days to accept the teems 'of I t"e. p-} pastd Lrar,•sac•:er, :n its own naw far the gross purchase price and on 'the teres spec?fie"_ in said F--� transaction. If DECL.RAtil" shall not so elect within the said period, 0M1E7 c_re cay then sell or convey PJ3LIC 3EACIi ACCESS SITEto buyer, proviced the said O transaction is on the same tares and conditions and for the price set forth in rP the proposed transaction sent tc DEC.RANT_ 7. LE.8ISLA-ICN_ CYl1ER shall not apply for dredge or fill permits in PL'BIIC SITE from any gcverr ental bodies, regardless of any future m'eeneMents to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or the State of Florida, without the prior written content of DE_..ARAN', welch cocsent nyy be withheld in the sole and absolute discretion of DECLARAKT. 8. ETtF-lt RCn!EKT AND A;S:6J!!..1a. a_) OECLARAKT reserves unto Itself the rig:'., and the power, (I) te• enforce the covenants. conditions, restrictions, and other provisions of this Declaration, and (11) to delegate or assign, either exc.lus?vel xn- cluslveiy, any or all cif its rights, tl ri i r or y'-- 9 powers, 3e. es orto privileges leges t anyoVi,(rlrS person or entity. DECLARANT shall be under ac cbliea:?on to delegate or assign any of its rights, pawers, duties and privileges contained in this Declaration to any person or errtlt _ • b.) DECLA.SANr she:l have the r'or: " b. ave the power 44 -Ii covenants, Gond?tions, .i :ricons ono c:her a o�isiC-� t, ' i "cSP �y t.ti 3.• 'c'FCO12DE12'S MEt‘10! Legibility N'ritin< , t\ j' it ; Or printin S EDGL" live i ^n r — ;cfactory in this document age o CT.;. received, • . . ..s. •yet c tr: .� pry '„,+_..., -y.- 0P, ELCK FAG:- • 5Rzlaration by any proceeding at law or in ecuity against any person viola';no or a.ticynq to violate any such provisions, to restrain >ny violation cr et_aopted violation of scch provisions, to reouire specific performance o' such provisions, to recover damages for violations of such provisions. Failure by D-:LARAKT to enforce are, of such provisions shall in no event oe deea!d a waiver of their right to do so ;hereafter. 9. 5=Y LSILITI. If aRy section, subsection, sen;xr>~a, cause, Phrase or Portion of this Declaration is, for pry reason, head invalid or urrnnstitntionel by any court of competent jurisdiction, such portion shall be deed a separate, distinct and independent provision and shall rot affect tie validity of the ret.-pini portion thereof. n3 • IX id_r S INES:OF•, MRAL RIDGE-ca....TER PROPERTIES, INC_, a Florida corporation, does hereby execute this OE LARATi0.c OF RFSTRICTI^"s MO PRGTE r vE MY-!tAX'S in its name by Its undersigned authorized officers and affixes its corporate sea: hereto, the day and_ yea- ,'first axw written. ✓�• :-...."'P...4... R:.io'--.M.1L _f? R02 r, ... ,..- 4n r-� , �4'� E laicrs�Tr , hey. ries,-;r Luu::15 H! ise^_::en, /�;^t. -S1.-.7..',.„.,' — STATE J= F17nIDA ) 111171' CF COLLIER. '.i' 1 1 v %.;.rThe fs' •.IN '4r 5-4-.. ,' 1 )1``` ' at -o.jed ed be r! e t!:as 13'.^, day o: :'.'I:._, a Florida rogra_ o., Cr b&'a'':f of ¢f: Cora'tio .--- EN': O a e o. ra;ior PC pi It ,a. -. ^ •. � •ate+ .a y r �-=�:, d..:-•••••••1:5•:, +.a•amu: ,ra J.ekewt s ,. i'. 1i I—a f.-.r1 ( Y1 • gar ir�fvi . j____11-r. _ i — - AGEND-� , ,_ --T- N,: 70 : WL( ORDER'S M1:,\1U I '�I r`i�ility of writing, ty pini, or ptintin • -a `- F�`- • 7i7p _ tiY unsatisfactory in this document when receive4, `— _ �_ 'ra . am` .. . . ...A..—.v_... _ -., -_a=i3 -L .:' -.� 'N. -4 --;" _ �--, _.� • 0009E5 001873 • OR BUCK FACE • • • LE3tL D SCRIF IoK . . * . All that par= of Section SZ, ms ip 48 South, Rare 25 East ;a i i ier Cain=y, Florida. being described as follows; Covera irsg at the soul esct corner of Section 32, Township 48 South, Ra.- e 25 East, Collier :aunty, Florida; cfS _frac` wrong the east line 'ion Irr�h - - ,, said � � 38'_cC • 3437.36 feet t3 the st•theriy ryiaie--of-ve,.} line State Rua:" S 8EE2 (YareertiIt &each Road); t:•erce aionr said right-cf-ay�r,, 1i: re rth Sas-.78'1= ' .Wes:. I 1.33 .38 feet to the POINT OF EESIX11.12i8 of ex, a.roe herein describe i. —therr~t South 9c-5l'-4C' West..ZZ.oQ feet; t>e;rce Korth 80°-•,53'--.'"f"'., 5ie,si. 724:44 fit to the State of Fra Depar-- e.^.t of Matural,Resc,:ro& Coastal Lona r ct on. Cori`:-.•I Line (per revised mof record ter-3-dee y4-y-9 --tt etr unty F' there continue Nr--',80c f2 s' Frnq,` r to i tib' ct less to the Mear. High Later Line of _hei� f ofti`b , thence northres rlj ttlor�3 sa-i''4 ? ar{ ilio i a er L3rre, 241 -feet Lcre or less O a point an the si t e`R:w' c,.s,,,,cf>way ''T-i-rte`' of-.State Road S-to: `— (Yarsd.erbilt Beach CCead), .- • ther:a along said `r:9*t-of-,ray line Scut. 8O,-08'-7C'' ,East 200 feet or less to the sale;.`lr-i da a acre W Cela Win: p�• 'naLr L1 9Rsau zes costar rP ___ Construction 'Control'•ETge ., dl 'Bence corm:nue aion,',`.$e Southerly richt-of-;ray•Jne'-of said State.Kaac _ 5-862, South 800-08'-2".1" E s,',•810_DC feet to, the. 'Poi of Se i the pa". al he ern deScr?Dr1_ y,,.ni x of "Li i CI sz-hject to easeeents and restrictions dre. —+_ F-.1 CJ7 Q1 ,wr..c".IdD T'�#•..•11,/4 s o • f'• � r rz> coKuEJrs rtithqv2u: I :_. 1 DEC 1 � �' �::ibiln� , of Writing, typin:; Or ?rhe of ( = _ printirtr• unsatisfactory in this document ` when received, ' U!r (iv .9 u4.. vw G u I t r, - •L• OR BOOK ?.R,Gc • L_.n,11 DESC2IPi 1OK All that partrf Section 32, Township 46 Scut;:, Fa ge 2s East, 'Collier County, bei f Florida, ngdescribed es fo1 io,rs; Cosercinxg at the southeast corner of Section 32, Township LE South, Range 75 • East, Collier County, Florida; • t.'enre :long the east line cf said Section 32, Korth 00c-38`-50' West 3437.06 fct to the southerly right-of-tay line of State Road 5-852 (Yaaderhilt Beach P.�ad); • tt rce along said right-of-way line Horth 800-02'-20' Wes: 1571.11 feet to the KiI?n' OF 3557.NKI14G of the ee..s ent he.-in ces_r.bed; • theme South 030-51`-38' East 15Q.76 ze t; thence Sao:.'. 0°-T9'-4." -S.Zt. 5:e3 Pett• ' ` t.Se:ce South Q40-29`-57'.' Fast z7.90 feet; • :.here South 130-18'-01 hest 16.92 feet; thence lor:h 5 --08'- tifest 165.27 feet; there North OS=-33'-35' Sas: 59.22 fed=: therce 1Eor h 0.80-55'-Ci West 6414 feet; • therte ) r- h 000--49'-lC' West 8.9i, feet; theme Ao th .180-15`-25" ~ }a T;1 ` ' 1.erre ?forth 0 l'-1beat t0 h5',fe • thence Porth 5.4c-To'-40" Wes i 00,feety - theme Korth 220--0-C 3C,' lost:�-4 ''.8 feet]; _y theme Fier ` Ole c' -30'ta 4b.?� fee', - terce Korth 210-1.97'.-„PC- West 211.76 feet; • t.".-.erre Xorth 604-32' East 33.45 feet a; :.".e souther.'- _ :-c`-ry C...., line of said State A3 4 5-952; —. •P thence along said g-ht-of-,ram line Scut., 6Cc.-3 .-33t' East 171.91 feet Qi. , _ to the Point of Beginning_cf the easeszer..t herein dest=''5eo; (=> _..a,'.ect to esewrts and res ti ors of ren Ca) C.- Lori C=1-- .... f .C.:Oh, 1.1:•.•-11' I I N• . 7^ i.l • •:.1; 5_YNIB17 's' _ --, •--.-- :. `-• Page 1 of 1. ,�1�L ( �LJI • RECORDER'S !�1E;N-10: Lr_,iln!it� 3 of tiriting, typing or ( intink c. K . :'. in this document uncati�!actory _ when received. rr::V11.:1' e-a ? C., ^ r - 4.4 i • • OR BOOK PAGE ? A: O:5CSIPT:ON + - All that part of Section 32, Township 48 South, Range '_S East, :oilier ..:,only, Florida, being described as follows; Ca+upenCing at the southeast corner of Section 32, Township 48 South, Range 2L East, Collier County. Florida; the.rce along the east line of said Section 32, North 030-3�'-50' West 3437.05 feet to the ocutheriy right-cf-way line of State Road 5-5562 (tarCerbilt Beach Road); theme along said richt-of-+ray line Nor`: 8ro--SS•-20- Siest 1842.22 feet to the PCINT OF BECKEN6 of the parcel herein dr•scr•:bed; - thence South 6•0°-32'-23' Wect 33.49 eel thence Soca`. 21.0-19'-00' East 31:7 + thence South 010-SP-3C" hest 10,..11. fleet: . ttwnce. South 220-00'-3C" :4ct6148 'r_t thea South 134°-15'-4„ Eavz-17.00 feet; theme South 05.°-51'-1C'!Easx'20.25 feat; • *he oe South 38°-l5'-25' =est IE.¶E 'est; - • ;fierce South 05c--49'-10' _bot 8 §"fee!; . theme. South 08(c-86'-00' Etr 6.04 fe-its thence South 04°-33 3. ' ife, f ` f , '� • _ . thence Mo h x-08 2C'II Sios 77., Ooi ft .o }the '6fat�e of Flo- da • Depart- n cf Eatural ReS..JSt.'as !Co 5 3] k-Q ;t•" i5P control _ire (per O revise:: Bap of record' -TeCOrde -all ' Z5-3, t-0111'—:-.00•'Y.:~rlorida); C> �� the�e continue North r' E'='J' iia.:�C0``�_t' =r-y'e 1e5 y "e 'lea, .. i. __Hirsh Yater Lina of the f,.1,1`• of Mexico; , t- n`e northwesterly a15.-5. sa' d Hh,Mean c ■ _-r Line 241 fee CA.,ace or less to a point on the said"id t`,erfy ig!rl .-c -.'ay lite of t.—ate Rcac S--•657. .Pab (Yarod erb11t Beach Road;; O : ,nce along said right- .`may line South Etc-CE'-20' _-s: 2CC fee_ core or less to the said F,orida'`Oe'artment Natural. `Rescu.-es :.cas:.ai 'xi Construction S.^ntro] Line; r +� theme continue along the s,._.tserly `r!Qr.•. , `ver I-toe cf said State Rea,: _ •• • S-862 South SC°-0E'-20' East 102_27 feet to the Point of Becinr.inc of I,. the parcel herein described; (.Ji O - sutijec= to easeeen s and __ions of record, OQ iML)G` I-r, t f _ • r i,int,- i t - `e= u� i 1 'OM `..l'.IBIT 'C' / /' G. Page 1 of 1. --- - k — -- ItECORDEIZ'S MEMO. 1•ugibilit' CO.,y'! ref writing, typing or printru� unsatisfactory in this document _ when received. This Instrument Was Prepared By. Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SIT.TERSON, P.A. Post Office Box 3299 Tampa, Florida 33501 I RCSCRVID 1 AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as cf the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the 'County") , WCI COMMUNITIES, INC. , a Delaware corporation ('WCI") , and HMC OP BN LLC, a-DeIaware limited liability company ("Host") . I. Background.: On or about Apr1 13, 1982, Coral Ridge'- Collier Properties, Inc. ('Grantor') executed and,deliverpd a Quit-Claim`Deed (the "Deed') by which Grantor conveyed to the County th'e-parcel -of land.described in Exhibit 'A" attached hereto ("Bead: Accesste"1 . The Deed was Recorded in Official Records Book 966', page" 1$64 tr--.thR--P,cb{3 ' -ReF rds '.cf Collier County, Florida. Pursuant Tp the`'eegms", o th, DeA,d.\, t1e Beach Access Site was conveyed to and accePtcid by tyre;Count rhbj'�c :' tq certain restrictions, reservations and' .FSrd'.>tiedt:,iye`�cu y.er9Ants,.set fbrth ,iu the Deed, including 0 without limitatian_the ebtrictinns."-Y2'8"ervationS and-protective covenants iT3 contained in the -Declaration of RestrietIono and"Protective Covenants attached to the Deed, us Exhibit 'A" thereto (theeclaration") , which tom) Declaration was recg2'ded in Official Records BOol 966, page 1866, in the �a Public Records of Coiie'c County, Florida. = On April 19, ?^02,'r'the County filed-an acct ion in circuit court in r%y Collier County, Florida, styiad. Ccliel,`4ounty vs. WCI Communities, inc., C.1 Case No. 02-1562-CA ithe "Litigation")1 S king a declaratory judgment from the Court based cn allegations of the invalidity and unenforceability of •� the restrictions, reservations and protective covenants set forth in the Cs" Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions") , and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, NCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing 'lime las hereinafter defined) . EXHIBIT "B" -1- II. amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage') on the existing parking facility on the Beach Access Site, subject to the provisions cf the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20-foot height limitation for structures and the 1.000 square-foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall net exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carlton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance-with, and in quality of materials and workmanship equal to or beat z 'y�jh4n',�t% riat.- of the Ritz-Carlton Garage. The parties hereto ackno+�`eYig�,.tha8- t)(e CouptY, Parking Garage will exceed the building area (sqJ e' footage) of - tieRitz-Carlton Garage, and nothing contained herein/Shall be construed-as,l'imiting the building area of the County Parking Garage to an area equiVal ent to that of the Ritz- Carlton Garage; hog«ever,' in no �evento__shall the,maximum number of parking spaces exceed 350. Simult-anequslywithl the ccnstrugtion of the Parking Garage, the County- �ha.L11 dl a t_itsy sale_ expense, construct and maintain a trellis-)SkctEu'evo ni-"Tie' p\leye1 of, the Parking Garage equal in quality and similar lin.•ap�tar.Aneeito.'khat of the trellis on the top level of the ,litr cart on,Gar q. ,$,Before Commencing any construction O relating to the ParkiNg c}e .. ferdtte C.gia'ia tnty 1 Su Thit to WCI, for WCI's .7 approval, which 'tpproval shall not be unreasonably withheld, all plans, •• including the design, landscaping and Aighting, fOr the Parking Garage and trellis. With ,a reasonable timei'lafter receipt of the County's proposed plans for, Idie'.Parking Garage, WCIshdl'lreview said plans and p1 shall notify the CoutLy in writing of WC1'.S,;a0proval or disapproval of O said plans; if WCI disapttoves said plans; WE:,I°shall notify the County of 'NO the reasons for such dibapp{oyal arsd s} ll\suggest revisions to the plans which may lead the plans to be'a41e66able to WC1. WCI may nct withhold •• consent to any proposed desgn plans on the basis that the building area 1 of ...he Parking Garage exceeds that of the Ritz-Carlton Garage, provided tJ1 the total number of parking spaces does net exceed 350. F� L7 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed cr maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Reach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. • 2- 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, cr other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCT has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the constr.:ction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 1. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day teleccpied provided that a receipt confit i g t;ne y lid transmission of the telecopy is retained by the sender, c�'°acaze� _ a5,� ollcws: In the case of t-. WCI to: WCi Communities, Inc. 24301 Walden_Centem Drive 3gpita Spring$, Florida 34134 At Vivien `pastings Te10.01er1y 4 '-Sfl.3 Tele opieri, 239 ,s4:�D,�8277 With no r ..` ' `•Starns, .k± ave rf. Muller; Weissle-, A_hadef f 'DEO 5 Sittersorll P.A.`. . 401 East Jac`:son Street CA> Suite 2200 rim Tampa, Flori 3,36.02'° - Attn: Lawrence J.r B -i1in, Esq. Q Telephone: 8.13- 0i74800 "CS Telecopie-r: 811/.222-5089 G7 In the case of the County: Collier County V7 Attn: Marla Ramsey. Director ►"� Collier County Parks And Recreation 11-1, 330C) - 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239,353--0404 Telecopier: With copy to- David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Bum1dinc - 8`' Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239i774-0226 -3- II In the case of Owner to: HMC CP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone 240/744-5276 Teleccpier: 240/744-5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240'744-5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each ether party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event cf any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights cr obligations of the parties ht}qrirr let nor shall such headings be construed to alter c: meaaan__ t p application of any provision of this Amendment. , -WWever in thisA2ner`tdoient reference is made to a number of "days, " un�aess otherwise provided„'such reference to "days" shall mean calendar daYs. IN WITNESS WHEREJF;` the.undersigned have executed :.his Declaration as of the day and yvarg,._f rst_Alzbve,1,written. Two Witnesses rFE Y' CO' 1ti ITIES,, INC., a -- t.elawar',e ccrpotdtion 'JU • Print Name: Print. Name: �_. O is Print Name: ` ' s . tJ7 ATTEST: DWIGHT R. AROCK,CLERK COLLIER COCNTY, a political �a subdivision cf the State of Florida By: - ,Deputy Clerk By: TOM HENNING, Chairman Two Witnesses: HMC OF BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: -4- STATE OF FLORIDA COUNTY CF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by as of WCI COMMUNITIES, INC. , a Delaware corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any) : My Commission Expires: (NOTARY SEAL1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2003, by , as of HMC OP HNC LLC, a Delaware-iiTit,Ed(T4abii-ity company, on behalf of the company. He/she is '<p rAdri fi _ klriewT1 to me or has produced "+`" • as identification. Printed 'Name: :_ '•Ndtar Pkblrc "Serial ?)aber-t i. any) : � My•Cgmmissiora Expires: J (NOTARY SEA.) • : 1 re )a.._ c _ WC: (,? dr, CA, n,i8 ... Q1 J "0 CJf F—� Com) -5 .— lora, • ' —411ski,• • •••••• - , • • • 3 7 . " .7..fsgeerz-`,:-Ar • F 'me- !.••••..*. `i'at• % ).1:` • .;: •r:r 't=-N+:••."'; 4C-; ; 7 _ 3 • 1. I ; ,• -• C:› •••• . r ".• ' - 2... • _ " 141=.• 7„.,.. C=3 t-T1 34=. 411. RECORDERS MEMO: 1_,cglbdit) of writing, typing or printing unsatisfactory in this document when received, INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz-Carlton Hotel Company,LLC ("RITZ-CARLTON") in favor of Collier County(the"County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real propel ty located in Collier County, Florida and more particularly described in Exhibit"A" attached hereto and made a part hereof(the „Property„); and WHEREAS,the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ("WCF'), have reached an agreement whereby the County may build a two-story parking facility on the Property; and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ("HOTEL");and ;- WHEREAS, the County a ge tO allow RITZ-CARL:O1Ni,to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County,HOST, RITZ- C.ARLTON and WCI: and i . WHEREAS. RITZ-C;ARL`1'O14 agYees fp inden nif j�'tihe,C'ounty from any liability or claims that may arise out of their use of the Property as 4riol•e ftrllysej=£onhelgw. p 71y • NOW THEREFORE, ihconsideration of and ata condition to'the County allowing the use of the County's Property, and such other Rood and \aluablecorisideration, the sufficiency of which it is rn hereby acknowledged, RITZ-CAR.LTON agrees as follows: o "CO 1. RITZ-CARLTON will n'de defend-,anta hold the County, its employees, appointed t7 and elected officials, contractors, and voluerr and}other individuals acting on behalf of the County • ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, tori assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RI'T'Z-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees, licensees and other persons acting on its behalf 3- RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its kiuowledge of such claim, demands or threatened litigation. Page 1 of 3 EXHIBIT "C" 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: THE RITZ-CARLTON HOTEL COMPANY,LLC. �t ''a Dejhwitre limited liability company E.. • j � y b j (Print Name: ,,);•\‘‘, Nage• O?� Po itiuitai e: w (Print Name: ) ti «Crt cam 0 "'CO STATE OF (Jr' COUNTY _. rn The foregoing instrument was acknowledged before me,this of November.2003,by as (position/title) of The Ritz- Carlton Hotel Company, L.L.C.,on behalf of said company, who is( )personally known to me or( )has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA ATTEST: DWIGHT E. BROCK By: CLERK OF COURT TOM HENNLNG,Chairman , Deputy Clerk O _ . 7d CA.) 0 • - C,7 (J, Page 3 of 3 OR: 3460 PG: 1518 IN THE CIRCUiT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COI.J.TFR COUNTY, a political subdivision • of the State of Florida, Plaintiff/Counterdefendant, Case No. 02-1562-CA v. WCI COMMUNITIES. INC., a Delaware corporation, Defendant/Counterclaimant. STIPULATION,0- 1211S St4 .WITH PREJUDICE r It is hereby stipulated by anti-between the undersigned;counsel for the respective parties that this action and all counterclaims be dismissed withprejudlice,with each party to hear their own costs and attorneys' fees. ^j. Ellen T. Chadwell /.Yohf1 N:', furatides Florida Bar No. 0983860 Florida Bar No. 332615 Office of the County Attorney Stearns Weaver Miller Weissler Harmon Turner Building Alhadeff& Sitterson, P.A. 3301 East Tamiami Trail, 8th Floor P. O. Box 3299 Naples, FL 34112 Tampa, FL 33601-3299 Telephone: (941) 774-8400 Telephone: (813) 223-4800 Facsimile: (941)774-0225 Facsimile: (813) 894-6251 Counsel for Plaintiff/CounterDefendant Counsel for Defendant/Counterclaimant EXHIBIT "D" OR: 3460 PG: 1519 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this i day of November, 2003 by Ritz-Carlton Hotel Company, LLC("RITZ-CARLTON')in favor of Collier County (the "County"). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and W HEREAS,the Property is currently used as a beach parking lot for the general public;and WHEREAS, the County and WCI Communities, Inc. ("WCP'), have reached an agreement whereby the County may build a two-story parking facility on the Property; and WHEREAS, RITZ-CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ("HOTEL"): and WHEREAS, the County agres td allow RITZ-CARI,.TON to use the parking garage under those certain terms and conditions memoriaiired in a settlement agreement executed by the County,HOST.RITZ- CARLTON and WCI: and WHEREAS, RITZ-CARLTON eh rees-to'indernin1'y• he., punty from any liability or claims that ':tn may arise out of their use of the Property asclre fu1ty set=€orth`bepw. NOW THEREFORE;in consideration of and a$,a condition`tn the County allowing the use of the County's Property, and such other good and valuable consideration, the sufficiency of which it is hereby acknowledged, RITZ-CARL.-TON agrees as follows: 1. RITZ-CARL'fON will itid ifydefend and hold the County, its employees, appointed and elected officials, contractors, and vohueris anddtiher individuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ-CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc.,resulting from the negligent acts of RITZ-CARLTON. 2. RITZ-CARLTON as used herein shall include its officers, directors, employees, agents, successors,assigns,contractors,invitees, licensees and other persons acting on its behalf. 3. RITZ-CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page I of 3 OR: 3460 PG: 1520 4. This Indemnification shall not be assignable by RITZ-CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ-CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ-CARLTON aclrnowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ-CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility. RITZ-CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ-CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ-CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: ., TEE RITZ-CARLTON HOTEL COMPANY,LLC. N. ` ` - a e1Aikate limited liability company i /'7'' ',: '",:01.5.-;7 �� ` ,fry/� / / e c�t '1ti` iv�t.+lam { - 'i l Sit70nr1 ftl@ Print Name: I th R. Rebmann ( Exe �i.ve Vice President & �`'' Chief Financial Officer (Print Name: i =-,•.__ - < F. .- ) ti `k ( STATE OF 771 al: ,i2?r- COUNTY 7).`-)171r.' .(7171_>.-0 The foregoing_ instrument was acknowledged befoxe me,this./'/i% of November,2003,by A,r?/}:'m L. ` '.�-,'?y112";,,,t , as �X�=z 'c•vi,u. r;"`" ;- y.' (position/title) of The Ritz- Carlton nu uc>�. � c Carlton Hotel Company, L.L.C., on behalf said company, w o is(x)personally known to me or( )has produced as evidence of identification. (SEAL) C•alil/v 0e4 .tK�`/ 4 L NOTARY PUBLIC Wilk Name: Susan i.P]1Pn Sn gt�s .!.5+0 My Commission Expires: �I314)7ir __ z it, MAY y ilk ki 2007 g` Page 2 of 3 I RY OR: 3460 PG: 1521 ACCEPTED BY : BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA A UI LST: DWIGHT E. BROCK By: CLERK OF COURT TOM HENNING,Chairman ,Deputy Clerk Appro. ' as to fora & le, al Sufficient:. Assistant Count Attorney 41111 Parou �yal sufficient~- �r� lien T. Ch dr+erlrney '. ,. AtbPr Paee 3 of 3 _ • • • 00096' 5 00I3T3 OR BOCK FACE LEGAL. ar:Sr3zzirlo11 All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida. teeing described as follows; .:aer�c;ng at the seutbeast corner of Section 32, Township 48 South, Rage 25 East, Collier County, Florida; the.rr_z along the east line of said -'S -story 32, }forth 000-38'-5C" kest 3437.36 feet to t.x soctherrv, Zi f w f Zine of State Road 5-852 {Vanderbilt Beach Rand); \ �- t: rr`o along said r'ght of . 't the North 8007-'4V40•,,ye<_- 1133_38 fez*: to t`x P01117 OF sE31.x'LI1ta o;'t`r pa-a1 herein de-o-ibe±i; ' - fez*: —t erre South 90-Fl!'--40" Nest 225.'JO feet; thence ?forth 8O0-•08 2C yeas 724.44 r'net to the Statz of Florida :epar-ens of k.4tsraT Rescorte.S1Cassia: C„r5t-ac j CotrtroI Cane { Y - Talapof re ori T le , 0?"14a 1§4;%CilterfCount , Florida);Florida);eeiosnue !for-:r' 2#" die 2.,P1 f@ ti swtr gr iess to the hear. High Yater Line of `h$ &U}lf of !ftzi thence northwesterly g)orir srai4 .,enll jyz)ia*e- ,ink,24i feet uore or less iQ t: a pont on _heand -sett:.e-4y-r^crt^_ lf a Tn .< e cYasder5ilt Seach`: ad'' ' e Cr.;, _rae Read 3-8,E2 the ca along sa;d• rt'ght- r-,ray line Sc. -t, 8' 'C' fa cr less to the 9a {`.i\f,is- a es ZnC feet °c" --_-- _Const "on Contral,LT�e; Oepar mer of; Kaittra'._ rTesourses Coastal �P '-t of ;3 thenceencSouth continue alor 'th :southerly richt-of- ay" oe said Sta. ' —.• r, p 80°-Q8' o ` " 810_OC feet t i of in j of tee pa r' herein Sec, C sctjeot e3; erts and t ictic s of-record. •- CTf • - N RECORDER'S MEMO: Legibility �t-3:T �f writing, typing or printing un,atisfactory in this document 'rge ' '. when received. OR: 3460 PG: 1523 This Instrument Was Prepared By, Record and Return Cc. Lawrence J. Bailin, Esq. S.EARNS WEAVER MILLER WEISSLER ALHADEFF & SITt'ERSON, P.A. Post Office Box 3299 Tampa, F:crida 3360:1 ktStkr.) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Res"- -"ons and Protective Covenants (the "Amendment"' is made and entered tato as of the day of 2003, by and among COLLIER COUN':Y, a political subdivision of the State of Florida ;the 'County" w,I COMMUNITIES, INC a Delaware corporation arc HM,F 1($Lt ,.r Ci p,D ... elaware limited liability company ("Host") . *background. f On r about April _3, 1962, Coral_, Ridge - Collier Properties, Inc. ;"Grantor" ) xecuted-and delivered a .9uit-Claim Deed ;the "Deed") by which .Grantor conveyed'r the. Cour.ty the parcel of lard described in Exhibit "A" attso ed•nos-e; Y.; .o e4._; .he Deed was recorded in Official q �,,. ,� ` Recvrd5 ;�ogk'`15'6,lFrgg �l9,E� Ch¢ F:.b,,ic Records of Collier County, Florida j iurst4ant go ,oY/the Deed, the Beach Access Site was con eyrd'' :q ai 1. a cOo'ted �' tne`Co ^.t' subject to certain restrictions, *ese':'va_' bnsti' nca--.poreati>✓te ccva attcs Sgt forth in the Deed, including w.thou't limitation toe rest riction&, rkseriat:ons and protective covenants contained in the Dec rattop of Rest•r.lotions and Protective Covenants attache4':,Co the Deed as Bxhitift "AY tithereto ;the "Declaration"), which Declare n-was recorded in Oifi a4. Records Book 966, page 1866, in the Public Reborn s of Collier County; .Florida. On Apr::_; l9� 2002 J County filed an action in circuit court in Co:iicrCounty; F2o`r[c'a; Atyieo Collier County vs. WCI Communities, Inc., Case No. 02-156.7-CA tthe "Litigation"i seeking a declaratory judgment from .he Court based on allegations of the invalidity and unenforceability of `.c restrictions, reservations and protective covenants set forth in the .,_._.i, _., _:ad. w_thoi t l_mitat,cn the restrictions, reservations and p_ot_ecr._ve covenants contained in the Declaration (collectively cerelr.after referred to as the "Deed Restrictions") , and enjoining any rurther- er.icrcecer.: of the Deed Restrictions as more particularly set forth in the County s complaint filed in the Litigation. On may 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. ci _s the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole Purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined) . II. Amendment of Deed Restrictions. OR; 34 ' a 524 For and in consideration of the premises and o d gable • consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage") or. the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (iii may exceed the 20-foot heicht limitation for structures and the 1,000 square-toot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2-story parking garage owned by Host and operated by Ritz-Carton and known as the Ritz-Carlton employee parking garage (the "Ritz-Carlton Garage") located adjacent to Vanderbilt Beach Road, approximately 553 feet to the east of the Beach Access Site, The Parkins Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz-Carlton Garage. . The parties hereto--acknowedge that the County Parking Garage will exceed the building -aria- q�a( e)Lfootage) of the Ritz-Carlton Garage, and nothing ccntaa ned.here:a snaf , lle.`mmnstrued as limiting the building area j of the Coii4' 'Parking Garage'tq, n Oarea equivalent to that of the Ritz- CarltonGarage; however, in no eVentt, Shall the maximum number of parking spaces exceed_ 350.. Simultaneously witrthe construction of the Parking Garage, the` County shall also, at its sole expense, construct and maintain/a t, 'i-s-like structure on ,t:he`•top level of the Parking Garage equal in 4tv albs 'ailar.,*.appearance to that of the trellis on the .°p eve, of - l(i z�c'a 1,prll'.arage)j Before commencing any construction re ati. b thl Pprkin4 !.Ga g4,^,th `County shall submit to WCI, for WCI's aeprcia,,n;i ic� a prov'al 4hall tun oot be reasonably withheld, all clans, .. icludiny� �'�*;ie' des_ym aa4scapi'tg..and ighting, for the Parking Garage and .yell is. within a reasonable tithe 'after receipt of the County's prcpcs d`plans for the Parkipg Garage-„_.WCI shall review said plans and shall\Apnify the County in w t ng.-4f'OCI's approval or disapproval of said pl,arra if wCl disapproves ea,d,plans, WCI shall notify the County of the rean*-Aor such disapproval and-'shall suggest revisions to the plans which m,} l�+ad the plans to be •doc°eutable to WCI. CCI may not withhold consent to any £rpxxsgQ ,dent *\plans on the basis that the building area of tae Parking Gtr ge ex:iee`as that of the Ritz-Carlton Garage, provided the total number of-parking spaces does no: exceed 350. I No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parsing spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of innreasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and spec.t:catons therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ("Closing Time") . No parking shall be allowed in the Parking Garage or on the Beach Access Site later than. Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary In connection with the design. and Construction the Parking Garage. The County acknowledges OR: 3460 PG: 1525 and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Cral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment less s.:cr ayrcemen, Is sr.• 'or_r. in s; ;,_rg and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WC_ and the County. 8. Notice. Any notices which may me permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postace pre-paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over-night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as fo_iws! In the case...oI- 5C'I to I ,WCI--Communities, inc. " 243(.L Walden Center Drive Eoriig6a!Springs, Florida 34134 Att:i:. /Vi9ieri Hastings Telepdbne: `235/498-6213 :eleCCti]c. : 239/498-8277 Wit 7-:c2py v "._ Year;ia _-.Weal+er, Miller, Weissler, Alhadeff &15.iL e,4�SOn, P.A. 441'',Ea4t Jackson, Street Z j ELit 220Q Tampa,'x lorida 33602 Att:: Lawrence 3. Bailin, Esq. Tlephone,..,, E13/223-4800 geleccpiei 813/222-5089 in'tie'ease of the Co^a4:ty Ct,13e7 C .:miry Ftf4rr Marla Ramsey, Director \--Collier County Parks And Recreation 3300 Santa Barbara Boulevard N-^ es, FL 34116 Telephone, 239/313-0404 Telecopier: / - with copy to: David C. Weigel Office of County Attorney 3321 Tamiami Trail last Harmon Turner Building - 8`' Fl Naples, FL 34112 Telephone: 239/774-8400 Tel In the case of Owner to: ;,NC OP EN LLC 6903 Rockledge Drive, Suite 1900 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744-5276 Telecopier: 240/744-5776 With copy to: Kevin Gallacher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744-5169 Telecopier: 240/744-5869 OR: 3460 PG: 1526 Any party hereto may, from time to time, change the address for notices to said parry by sending to each other party hereto written notification of such changes pursuant to this Section. D. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, covern and control . A1_ capitalized terms nerein shall nave the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not ;ntended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days, " unless otherwise provided, such reference to "days" shall mean calendar days. IN w_TNESS WHEREOF, the undersicned have executed Chis Declaration as of the day and year firs: above written. Two witnesses, MCI COMMUNLTI S, l,.., a'. Delaware co ora:ion\�.` i j , 1 1� s? HC lt' By: / _t 7 Pr i a t .9a e _ cit y."l TC coc- y', Prjn N ' . . . �1L1 ati ���„t 1& t : amu-,, Ii, li.P, ?r i:)* Arse: tit+. `�1 art . AT'CESTt E4IG.') El. BROcK C�rER COLLIER COUNTY, a political ' $u1m4vision of the State of F l,c,r da Deputy' C_e,k -,, Dy: v TCM HENN=NG, Chairman Twn wi= _sses II/ l?•< ° IMC OP SN LLC, a Delaware limited liability company Ey: Name: -- ----_.__._------ ---- Print Name, Print :CS: Print Name: 4741to fora le al sufficiency as: • county Attorney El t.,, ' Chadwell OR: 3460 PG: 1527 STAT: OF FLOR:CA 1 COUNTY OF C ii-i Lr< The foregoing instrument was acknowledged before me this ,C.:;'11-‘ day of tWeflAb:r1, 2003, by Clio" i (. , c.. , as _., � c —- x o' LA 1'ir;ir4:,t of ,.c. COMMUNITIES, INC., a Cc.Laware coinoration, on behalf of the corporation. ,Id /she is perscnaiiy Knot to me or has produced as identification. is)Z- 111 ) Pri ,teal ameJ iPI. e \TS Eccc_l- Notary Public Ser:a: Number If any) : <<f1L7?>% My Commission Expires: {NOTARY SEAL; KARENJ.GOOCN ,• Motary Public.State of Florida STATE OF FLORIDA „. Myoomm.oxOresikira9.2907 ' Camm.No.DDi91638 COUNTY OF COLLIER The coning instruc.ect was acknowledged before me this day of , 2003, by , as of NMC OP 6NC LLC, a De_awara. ,i_mired liability company, on behalf of the company. Ac/sise '; , ,pg�•sbra,i_y Known me or has produced _ as identification. Printed Name: Notary Pub'_ic __ _,Ssr mal Number (if any) : 4Y Commission Expires: -,-)3lOTtoo 'SEAS.; - -reia- c o0, :.m: cesrc:-HC_oo2 . :c/2o/.” MCI LEGAL F3x:239-.0a-8277 Nov ;a 2CO3 '5:10 P.05 OR: 3460 PG: 1528 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such chances pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain. in full force . and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed _ _ Restrictions, unless otherwise defined herein. The descriptive headings used herein are for converd ence in reference only aed they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days,r unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: NCI COMMUNITI S, C., a Delaware co-•.orat'on iii.22— ( ,i, F, Print Nape: 1 i TE GSe-1 -pr n.� lii a.. k- o t . r • „ int e: _: ` .._ .- -, r\ \. �'t �`'y' ' ATTEST: DWIGHT E. BROCR,CLERK CLW CgUNTYJ �` poly`cb1 s-ubditria *iof-'--the tate of P2ori`da,� „ Ey: Deputy Clem` By: Tom HENNING, C haf:rf0ar. ;` Two Witnesses: ENC ORI BN LLc,.t`a�Pe3,aware limited liab lit eQutpen licit - . a-itlii1/161„ Print4awe: r ., j' 'iSG.�Print Name: R1J,EN 1LO/1___ Its, Print Nam : - . e . MCI LEGAL Fex:239-498-5277 Nov 16 2C33 1S:11 P.06 *** OR: 3460 PG: 1529 *** STATE OF FLORIDA COUNTY OF The oregoing instrument was nacknowledged before me tail \3--e--r,r� nday of , 2003, by ebr . ( , as icrUiCtlYeSi[ilsiSof WCI COMMUNITIES, INC., a Delaware corpration, on behalf of the corporation. Jis/she is personally irn�rm to me cr has produced as identification. di p 411111. Pri.ted Names . eTh Notary Public - Serial Number (if any) : jQt(a3� My Commission Expires: (NOTARY SEAL) WM J.COoC1i n, wry My Hbik.salts of Fall. STATE OF FLORIDA Com 0)10163Lenz 2007 COUNTY OF COLLIER The foregoing instram t was cJrnowledged before me this )Cm day of Ncv�rnb r, 2003, by 7�(( 'i- j as IJ�(..e gre!.i»CiL'rl t of INC OP ENC !LC, a Delaware limit d liabilit icon any, on behalf of the company. He/she is personally - OWki- (tot. 61e) orhas produced t - - 'as',idi'_ntification. Prin ed Namee 'Notg-ry'Pgblic 9er..4i 21utol r Lia-.a i 1 - M ,�ni S sin E 5 �i� CS „,AL, ; mAfi1SSA A biiRaIN 1.`,v-re\3619r\09S\md RenCov-WC1002 dor NOTARY PUBLIC STATE OF MARYLAND 1=/�s;o3 My Commission Ellyt.es April 24„'200C O ATTACHMENT TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE I0 k l $1,472 in savings inside N is0 .1 A. 0 Sunday,September 18,2016/$2.00 PART OF THE USA TODAY NETWORK Ready for a fun day on the Gulf? First you have to get there, and that's no easy journey . a a' ; 111‘,'Y• i \ ,w k i e R 11, 4, , : .,..7 ,,,,..„.,„.ii_ - 1 • 4 BEACH OUT OF REACH LUNE FLETCHER JUNE-FLETCHERONAPLESNEWS.COM-239-263-4775 jiohn Minard,80,likes to walk or swim at the beach every day. But lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money dents coming to the region's premier attraction, to live along the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said. the beach. "Lots get full by 8 a.m.in season,but even in Au- And once gust,they're filling up by 10:30 a.m." they're there, Moreover,some of the parking spots he used to they want it use near Clam Pass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long gone,making some of his beach access points in- way it is." accessible — and creating choke points at MARK STOi LO:lL"RRAIN RMAN COUNTY RANiNNG See ACCESS,Page 6A COMMISSION 0 S, BONITA / ESTERO / NAPLES 1,1ONDAY, SEPTEMBER 19, 201t5 1THE NEWS-PRESS (1) PART OF THE USA TODAY NFT WORK CAMPAIGN CONTRIBUTIONS,LOBBYING RECREATION Lawmakers I received q cash from =; �` �� �; drugmakers LASTT�Al.1r ,� ,, PtCKi1i= Via' Opioid makers,advocates spent ? FROM , , I " $3.8M in Florida over past decade 4rl _ /� �l.' t TAMARA LUSH AND MIKE SCHNEIDER # > I I J s_a •,s50CIuTEa IMr55 pp TI __ TAMPA-A joint investigation by >— = i , The Associated Press and the Center ' i_,n --- for Public Integrity found that drug- t-`- i makers that produce opioid painkill- �T y 1 t Q'` ers,and allied advocacy groups,spent more than$3.8 million on campaign contributions and lobbying over the After Florida past decade in Florida as they worked lawmakers to influence state and federal policies n,_c LI a NE'.,•,r,4,t > I.E...., adopted The groups have an array of political Beachgoers wail In line for tram service at the Clam Pass Park beach access point In Naples so-called interests that include opioid advocacy. abuse-deter. and their spending was eight times rent iegisla- that of the gun lobby during the same t tion this year, period. Beach out of reach Gov.Rick The investigation conies as the 52oti signed number of overdose deaths from pre- it into law, scrtption painkillers has soared. Scott received claiming the lives of 165,000 people in . 510,004 from the Ci.S.since 2000.Reporters arm- , opioid mane- lyzed campaign finance and lobbying AS SW JUNE FLETCHER es..reap.arnvua'-;tcalo• feasters, data from red06 of through 201and according to viewed hundreds of 150documentsint and Florida ohn]Winard,80.likes to waik4rswunatthebeachevery re- ' campaign conducted more than 150 interviews. dqy nuance and Drug ampoules say they are cotrr- ,TOWS, But lately the retired apple grower is having a hard lobbying nutted to solving the problems linked time finding ways to access the beach near his home in data, to their painkillers.Purdue Pharma, debate North Naples. one of the largest opioid producers by With more visitors and more permanent residents sales,said it does not oppose policies percolates coming to the region's premier attraction,the parking "that improve the way opioids are pre- lots are getting too full,he said. scribed"even if they result in lower over 'The last two years,it's been horrible," he said. sales. "Lots get full by 8 a m.in season,buteven in August.they're filling At one time.Florida was the epicem Whether- up by 10:30 a.m." Moreover,some of the parking spots he used to use near Clam See opioids,Page 10A there are Pass and Delnor Wiggins State Park when he first came to the area in 100 feW 1985 are long gone,making some of his beach access points inacces- siblecreating choke points at others. access -Access points at the beach are mobbed while the spaces between points See Access,Page 14A 0 Election 2016 Trump visits today: what you need to know SHELDON ZOLDAN President George N. Bush's re-election cam- srotonrsnewS.rtss coo paign in 2004 at City of Palms Park.In 2008.Sen. Lab Theater to host t• John McCain's running mare,Sarah Palin,held The presidential campaign comes to South- an event at Germain Arena fundraiser to find 1> west Florida today with Donald Trump making Trump stumped in Colorado Springs on Sat- I1eW home.ID his first visit to Fort Myers. urday and was in Houston on Sunday for a Trump Trump will be the first Republican presiden- tial candidate to visit Southwest Florida since See Trump,Page 8A HIGH 89 Lreooep`er ra:la, Classifieds.9C Nation.38 Spons.1C ( THE NEWS-PRESS wy PRISS and weather von a'es I S I I.3I 1II I I II 2 5 I Local business n 15A Need to know*to Views•17A ( Published since ta8.a LOW 76 a�newsmnzz nom tottery.�A Obituaries*14A Weather.lOC 40901 02825 c. copyright z0ts i ' iii est1954 Appliance, $aIa '� " izzhsPlcatKloFnEItrnics ray; : �14M5 S�t LI �t . r l al r: ,met. . Outstanding Customer 1MrICTi HI . . ,ill Sentinel ""'"d""`�I"r'"'—" BuildiYo_urOwn)Packagell earl@ 1,hisle:„.a FICIeSSionalSet Un Appliances wee cseracrw .G, ainstallation! Electronics Purchase Q r more kitchen appliances . �~1 We Seraire What We sold and 9 contractor discounts! I•.;n `` �a low Prue Guarantee! ' i,,, er wlsn>,seasms recitsNWoceatt raerowttrcn auca rsurro urs` t nate e� nnssnes 411! . 7SWFLShowrooms I ;, O4a5a„n” I ,23, rtrrw, :Y.#.m.... I +rseri:,n I ,t,.u,'-,41,0».F_.... :....e 1 7aeiisssu zascsa.nro zaanutsa esteus4ae 181.19119113 1891x/054 'zAIaaatttt • lyCl CM `` \ Continued from Page IA --... `' .11111111111j.. k • -. A111 r. them are wide open."he said."It never was like this be- "a+w fore,. �! � r it,si As more people come to Southwest Florida seeking as -- ec - _ - �i. i — spot on the sand—and taking up already limited parkin I at rising fees—debate is growing as to whether they're r f 1 being funneled into too few beach access points.And that F " i i i r 0 - could negatively affect tourism and real estate sales. ' "People come here for the beautiful beaches,"said f7... ""Mark Strain,chairman of the Collier County Planning T ' ," 9Commission and its chief hearing examiner."But it's get- 1 " '�I r - .- ting harder and harder for people who don't actually live /along the beach to access them." ]f111.16 , - % I ^ „ On the surface it may not seem that Southwest Florida v f r has much of a beach access problem,at least compared / 1 with some other parts of Florida,which has more than • f / __ •. 2,000 public access points statewide. - -�1 - - According to Florida's Department of Environmental Protection,Collier County has 57 public access points - ;-7 along its 34 miles of sandy beaches i spaced at an average �► _ , , of every 0.6 miles).while Lee County has 98 access points a •� - _ along 47 miles of coastline(or everyy0.48miles),and Char- 1 ' �I. . lotte County has nine access points along 12 miles of lk ' •.a beach(or every 1.33 miles). Contrast that with Hillsborough County, which m- _ cludes Tampa.It has only one access point along its paltry \ r. 2 miles of beach—and it can be reached only by boat. , But compared with South Florida counties on the east - coast,Southwest Florida's access points seem limited and s far apart. a,ro*os an NICOLE eAVCresiWN.r es DAILY NEVA Miami-Dade County has 129 public access points over Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples on Sept.10 Clam Pass Park 20.8 miles,or an access point every 0.16 miles.And Bro- has 171 public parking spaces,which are S8,or free to visitors who have a beach parking sticker. ward County,which includes Fort Lauderdale.has 179 ac- cess points over 24 miles,or every 0.13 miles. Having more access points,as well as ample public A line in the sand parking nearby,makes it much easier for Florida's east While limited access points,tight parking and rising fees ._ coast beachgoers to hit the sand,said Miami resident Car- are the biggest obstacles to public beach access,some men Borges,51. beachgoers also say they are being chased away by water- F3 _ Lounging on Vanderbilt Beach last week.Borges said front property owners who say their beaches are private. _ Naples' more restricted access and longer walks to "It's happening more and more,"said Grant Gillman,18, - �r� f crowded parking lots was frustrating by comparison. who works at a Fort Myers Beach coffeehouse.In reality, I "If you come with stroller or a kid.or someone who is throughout Florida,all land owners along the sand only - _ handicapped.it's difficult."she said. own rights to the beach up to the Erosion Control Point,or = Nearby.Wendy Batts,43,of Louisville,Kentucky,won- traditional mean high water tine—a line that once set, dered why'associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach "� 1, — owned by seasonal residents and empty for much of the renourishment.The public has the right to use the beach .a:n. year—dont allow tourists to use their empty parking lots from that line to the water. rr_ •• and access their private beaches during the offseason. ,-c; "It would be gracious,'she said."After all,we spend money here and help keep your economy afloat" built out. Collier planner Strain is worried the county isn't pre- The county has 1.516 beach access parking spaces,not Beachgoen carry their belongings to their cars at the paring adequately for what he sees as an explosion of de- counting the city of Naples. Vanderbilt Beach access point in Naples. nand that will only get worse. No boardwalks or new access points to the beach are Collier's permanent population is 354.000,and its peak being planned,South said,and rocketing beachfront seasonal population is 425,000.Strain estimates the come prices make buying more land for access or parking too Minard thinks that's an incentive for Lee residents to ty's population will swell tot million to 1.2 million when it's prohibitive for county coffers, buy Collier parking stickers instead of Lee stickers,con- 0 Another problem is resistance by people who live on or tributing to the overcrowding of Collier beaches near the FUNERALS&MEMORIALS near the beach to providing more ways for tourists and l,ee line."Beaches primarily should be used by their own inland what , • ownts,"he said. •t' t `+s.44.0,-,,.&Memo r h WL: �..�. hat sort of to y been a bone f content= h,b . hesnets tt,d -• by t ,q°flyr fiiy-,;a if✓f it'ii!r;, j -.•. ,"r•he- ¢4 •nofficialsofC llerCountyandtheciittyofNaples. rtypeo ;said ere, . way asionally floatsthe idea of limiting free parking www.news-press.com/obits or call 335-0324.Please it is." along the beach just to city residents. visit news-press.corn for archived obituaries.Obituaries So residents often resist suggestions like bigger park- Naples City Manager Bill Moss said that's inspired by and photographs submitted to The News-Press may ung garages or public transit,even if it would mean cut- the feeling that the county doesn't do enough to help the ' be published,distributed,repurposed and otherwise tubs down on the number of cars that prowl streets look- city maintain its own access points,which outnumber • „sed in print,electronic and other media platforms. ing for spots,Strain said. those of the county and often attract county residents. When the luxury high-rise Morava Bay was built sev- "About a million people a year come to the Naples Pier Death notices REBECCA SMITH en years ago,it cut off 16 county public parking spaces at alone,"he said The beach access to the popular Pier was MARKGRAF the entrance to the neighboring North Naples beach ac refurbished last fall with new restrains and planking FORD,NANCY N.,87, tiLPTL!dBEA'.2516 cess.So sand-seekers who wanted to use their free-to-res- that cost$2S million I :f Bokeaw died September idents Collier County parking stickers were forced rouse But while the Pier,Lowdermilk Park and the beach Sc i6,2510.Arrangements by >.Re F:Fon Smith larkgrau Conner Park.a half-mile away cuss at the end of Fifth Avenue South are heavily used, Hodges Funeral Home ar Lee „ \Y•ednesday. Sept• ember Shuttles from inland parking tots would help alleviate 'there's no planning whatsoever for more access,"Moss Memorial Park. -h 2016. She on born lune the problem,but[nn often.residents object to them, said."To be able to acquire the land is beyond local gov- t-,185e in 6irmingBham.Al Strain said. ernment." and moved re Fon Myers with But sticking your head in the sand won't make the That's because many of the city's beach access points 1 het family in 19x11 She was problem go away,he added are near sonic of the region's most expensive real estate. .+regnrered nurse and recei'xd '•As the eastern portions of the county become devel- with beachfront lots running into the millions. 1 het nursing cerdfiuuon born oped and residents head to the beach,especially from Because public parking is limited to a handful of i, Vacous's Hospital ir.Bii huge new towns like Ru-al Lands West and Ave Maria. spaces at these access points,beaches near the mansions rninher Bachelor"s harn ShDe•co plEdd traffic along the beach will be terrible,"he predicted. are among the most uncrowded in the region—although son Colla a and went on to 1t•'hat's more,because many of the county's beach ac- people sometimes park illegally to get to them. -nmplere ase, uruficmion in cess points have no public parking nearby,they are for all 'People park on yards and shrubs,so we have to send Operarin8 Room and Coding practical purposes inaccessible for anyone who doesn't the police around."Moss said. �- for billing and dun,tr sew live within walking or biking distance,Strain said Yet there are no plans to shuttle people to these more to Mnsr recently.she worked et Such inaccessible access points include the roughly 2- secluded beach access points.Moss said. , l; home in claims review mile stretch on North Culfshore Drive from Vanderbilt "We're not looking for ways to help people get to the • Rebecca is survived by het Road to 110th Street.or the beach along Pelican Bay. beaches here,'he said. • loving husband of 25 nears, and sometimes even bike riders haven hard time find- In fact,the city recently upped its parking rate for paid Kurt M:rktnf,her children ins a spot. spots from$1.50 to$2.50 an hour and put in meters that •j'>,: head h[ten af. who is cur' When he lived on Marco Island.Gage Wheeler,20,of- take credit cards in a move that's anticipated to bring$1 rends attending the Unisex. B �,~ sin•of South Florida rte receive ten found the five to eight spaces provided for bikes on million in revenue tothe city,said Lisa Douglass,the city's , his Bachelor's Degree and beach access racks"really packed""Sometimes there billing and collection manager. Melissa Markgraf current!, was no place to lock up your hike,"he said. When people pay meters with coins,she said,they stay living in England.where she is Other times.especially during the stormy summer only as lung as the jingle in their pockets will allow. untiring for her Sinter',De- months,parking lots flood to the point of being nearly int- "But people are more apt to overpay with credit cards 5g She is stso survivnil by passable for days,as frequently happens at the 96-space so they don't have to come back and feed the meters,"she Sheh. webrother. Mihded aeby Collier County lot on Lely Barefoot Boulevard that serves said,adding the ciry has 1.305beach-accessparldng spots. her s'ooparepre Herbert and deathJhran the access point to both Barefoot Beach and Bonita While rising fees bring in revenue,they also hamper Ince Bay)Smith. Beach,just over the lee County line accessibility for those hard-pressed to afford them. Funeral rangemenn are- Carl Schwing.manager of the city of Bonita Springs, Fort Myers Beach resident Jimmy Masterson,52,said under the direction of Icor, said he's"very concerned"about the lack of parking at it also puts a damper on the day of beachgoers who must Myers Memorial Gardens Fu- Bonita Beach,the most accessible public beach in the constantly check to make sure their meters aren't ex- neral Home, I5x9 Colonial southern part of Lee County in terms of parking. pired,exposing them to heavy fines."When I came here 0 ` I Blvd..Fon Myers,Ft 330o, Although there are 99 parking spaces on the Lee Cour- 19 years ago,parking along the beach was free."he said Online condolences nsaw he ty side of the beach access,he's hoping the lot can be re in Lee County,parking fees rose in 2009 from$1 to$2 if ted at: union forstnyenme configured to squeeze in a few more spaces. an hour at the Bonita Beach Access No.I,Lynn Hall and morial.com. He's also asking two developers who want to build in- Bonita Beach Park accessThey .- ACelebration of Life wilt t" kali hotels in the city to add about 00publicpoints. rose the same held from 1.30-330 PM anparking amount in 2013 at Bonita Beach Access No.1Q Bowditch Sunday,September >_g,2016 spaces to their hotel lots.They'd then take residents and and Bunche Beach. at ihv Edho r Restaurant, hotel guests to the beach on thea-private shuttle buses, That helped to raise parking revenues at beach parks 3533 McGregor Blvd., For, which,unlike public shuttles,wouldn't be subject to the front SI.34 million in 2013 to$1.54 million in 2015. i Myers whims of NIMBY neighbors. in the meantime,businesses near the beach wrestle In lieu of Bowen.memorial "The idea has been well-received by the hoteliers,"he with the issue of beachgoers parking in their lots to avoid conrributioru may he made to: said.adding that private beach shuttles from master- the paid spots-Is towing vehicles worth the risk of riling Page 1 of 11 Beach out of reach CAs more people come to Southwest Florida,debate is growing as to whether they're being funneled into too few beach access points. June Fletcher. iune.t1etcherrcvnaplesnew+s.com:239-263-4775 Share This Story I-1 Tweet Share Share Pin Email Comment John Minard,80,likes to walk or swim at the beach every day. But lately the retired apple grower is having a hard time finding ways to access the beach near his home in North Naples. With more visitors and more permanent residents corning to the region's premier attraction.the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said."Lots get full by 8 a.m. in season,but even in August,they're filling up by 10:30 a.m." Beachgoers carry their belongings to the tram at the „+ Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016.Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker. (Photo:Nicole Raucheisen/Naples Daily News) Moreover,some of the parking spots he used to use near Clam Pass and Delnor Wiggins State Park when he first came to the area in 1985 are long gone,making some of his beach access points inaccessible—and creating choke points at others. "Access points at the beach are mobbed while the spaces between them are wide open,”he said."It never was like this before." As more people come to Southwest Florida looking for their spot on the sand—and taking up already limited parking at rising fees—debate is growing as to whether they're being funneled into too few beach access points.And that could negatively affect tourism and real estate sales. "People come here for the beautiful beaches,"said Mark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner."But it's getting harder and harder for people who don't actually live along the beach to access them." On the surface it may not seem that Southwest Florida has much of a beach access problem,at least compared with some } other parts of Florida,which has more than 2,000 public access points statewide. According to Florida's Department of Environmental Protection,Collier County has 57 public access points along its 34 miles of sandy beaches(spaced at an average of every 0.6 miles),while Lee County has 98 access points along 47 miles of coastline(or every 0.48 miles),and Charlotte County has nine access points along 12 miles of beach(or every 1.33 miles). "People come here for the beautiful beaches. But it's getting harder and harder for people who don't actually live along the beach to access them." CMark Strain,chairman of the Collier County Planning Commission and its chief hearing examiner http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 2 of 11 Contrast that to Hillsborough County,which includes Tampa.that has only one access point along its paltry 2 miles of beach—and it can be reached only by boat. But compared with South Florida counties on the east coast, Southwest Florida's access points seem limited and far apart. Miami-Dade County has 129 public access points over 20.8 miles,or an access point every 0.16 miles.And Broward County,which includes Fort Lauderdale.has 179 access points over 24 miles.or every 0.13 miles. Having more access points,as well as ample public parking nearby. makes it much easier for Florida's east coast beachgoers to hit the sand,said Miami resident Carmen Borges,51. Lounging on Vanderbilt Beach last week, Borges said Naples' more restricted access and longer walks to crowded parking lots was frustrating by comparison. "If you come with stroller or a kid,or someone who is handicapped. it's difficult,"she said. Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples. Florida on Saturday,Sept. 10,2016. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Nearby, Wendy Batts,43,of Louisville, Kentucky, wondered aloud why associations for beachfront condos—many of which are owned by seasonal residents and empty for much of the year—don't allow tourists to use their empty parking lots and access their private beaches during the off-season. `'It would be gracious."she said."After all,we spend money here and help keep your economy afloat." Collier planner Strain is worried the county isn't preparing adequately for what he sees as an explosion of demand that will only get worse. Collier's permanent population is 354.000.and its peak seasonal population is 425,000. Strain estimates the county's population will swell to I million to 1.2 million when it's built out. The county has 1.516 beach access parking spaces,not counting the city of Naples. No boardwalks or new access points to the beach are being planned, Strain said,and rocketing beachfront prices make buying more land for access or parking too prohibitive for county coffers. Click here to N ies a map of beach access points in Collier» Another problem is resistance by people who live on or near the beach to providing more ways for tourists and inland residents to reach what many consider their own private preserves,he said. "People pay a lot of money to live along the beach."he said."And once they're there,they want it to stay the way it is." Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples, Florida on Saturday. Sept. 10,2016. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points, with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) So residents often resist suggestions like bigger parking garages or public transit,even if it would mean cutting down on the number of cars that prowl streets looking for spots, Strain said. For instance,when the luxury high-rise Moraya Bay was built seven years ago. it cut off 16 county public parking spaces at Amook the entrance to the neighboring North Naples beach access. http://www•.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 lage3of 11 So sand-seekers who wanted to use their free-to-residents Collier County parking stickers were forced to use Conner Park, a half-mile away. Shuttles from inland parking lots would help alleviate the problem,but too often,residents object to them,Strain said. But sticking your head in the sand won't make the problem go away,he added. "As the eastern portions of the county become developed and residents head to the beach,especially from huge new towns like Rural Lands West and Ave Maria,traffic along the beach will be terrible,"he predicted. What's more,because many of the county's beach access points have no public parking nearby,they are for all practical purposes inaccessible for anyone who doesn't live within walking or biking distance,Strain said. Such inaccessible access points include the roughly 2-mile stretch on North Gulfshore Drive from Vanderbilt Road to 110th Street,or the beach along Pelican Bay. Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) And sometimes even bike riders have a hard time finding a spot. When he lived on Marco Island,Gage Wheeler,20,often found the five to eight spaces provided for bikes on beach access racks"really packed." "Sometimes there was no place to lock up your bike,"he said. Other times,especially during the stormy summer months,parking lots flood to the point of being nearly impassable for days,as frequently happens at the 96-space Collier County lot on Lely Barefoot Boulevard that serves the access point to both Barefoot Beach and Bonita Beach,just over the Lee County line. 480 „+ ,, . ( MM�JA SMI err '.m 1 Yrs _ _ +f } itj ' ' - IMO' .rYa Skip Ad lmsiyelorida residents bemoan the lack of beach parking and access points. June Fletcher x http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 4 of 11 Emb6:thwing,manager of the city of Bonita Springs,said he's"very concerned"about the lack of parking at Bonita Beach, the most accessible public beach in the southern part of Lee County in terms of parking. Although there are 99 parking spaces on the Lee County side of the beach access,he's hoping the lot can be reconfigured to squeeze in a few more spaces. SkSmin our online poll: Do you think there are enough beach access points in Collier and Lee? e's also asking two developers who want to build inland hotels in the city to add about 200 public parking spaces to their hotel lots. They'd then take residents and hotel guests to the beach on their private shuttle buses,which,unlike public shuttles,wouldn't be subject to the whims of NIMBY neighbors. • "The idea has been well-received by the hoteliers,"he said,adding that private beach shuttles from master-planned communities like Bonita Bay are used frequently by residents and seasonal renters. The growing demand for beach access has caused some residents,like Minard,to wonder if the price differential for different beach parking stickers is putting undue pressure on certain beaches. Both residents and nonresidents of Lee County must pay$60 a year for a beach access parking sticker. But Collier's beach stickers cost only$50 for nonresidents(residents get a free sticker). t•` .. • • • . : 0' ' . • • •. • 1/ 1 .M � l • Beachgoers walk with their belongings to the Vanderbilt Beach Parking Garage at the beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fu I lscreen Miguel Oliveria,second from right,holds Liliana Pereira, Miguel Oliveria,second from right,holds Liliana Pereira, 11 months,as she smiles at the tram service driver at the Clam Pass Park beach access point in Naples, Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida, debate is growing as to whether theyere being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) FuIIscreen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 5 of 11 ' Beachgoers load up their belongings in their car at Q Beachgoers load up their belongings in their car at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Jan Scott,center,goes to check on his tram service Jan Scott,center,goes to check on his tram service guests as they load up at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo: Nicole Raucheisen/Naples Daily News) Fullscreen The Clam Pass Park offers a shuttle service at their The Clam Pass Park offers a shuttle service at their beach access point in Naples,Florida.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Hotel guests ride the free Inn at Pelican Bay shuttle Hotel guests ride the free Inn at Pelican Bay shuttle service at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole RaucheisenMaples Daily News) Fullscreen A sign on Jan Scott's tram welcomes guests at the Clam A sign on Jan Scott's tram welcomes guests at the Clam Pass Park beach access point in Naples,Florida on Saturday,Sept. 10,2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen �^ A beachgoer rides his belongings on his bike to the A beachgoer rides his belongings on his bike to the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10, 2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers wait in line for the tram service at the Beachgoers wait in line for the tram service at the Clam Pass Park beach access point in Naples on Saturday,Sept. 10, 2016.The boardwalk at Clam Pass Park is about three quarters of a mile long and can be walked or visitors can catch a ride on a free tram that runs continuously throughout the day until dusk.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers carry their belongings to the tram at the Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016.Clam Pass Park has 171 public parking spaces,which are$8 or free to visitors who have a beach parking sticker.(Photo:Nicole RaucheisenMaples Daily News) FuIiscreen Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples,Florida on Saturday,Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers carry their belongings beside Vanderbilt Beachgoers carry their belongings beside Vanderbilt Beach street parking at the Vanderbilt Beach access point in Naples, Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Q Daily News) Fullscreen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 6 of 11 Beachgoers carry their belongings to their cars at Beachgoers carry their belongings to their cars at the Vanderbilt Beach access point in Naples, Florida on Saturday,Sept. ,941410, 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo: Nicole Raucheisen/Naples Daily News) Fullscreen Parking signs line the 6th Avenue North beach access Parking signs line the 6th Avenue North beach access point in Naples, Florida on Saturday. Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) Fullscreen An access point to a Collier parking lot on Lely Barefoot An access point to a Collier parking lot on Lely Barefoot Boulevard that is often flooded in summer,making it difficult to access the beach. (Photo:June Fletcher/Naples Daily News) Fullscrecu The Vanderbilt Beach Parking Garage has 375 spaces, The Vanderbilt Beach Parking Garage has 375 spaces,but is located down the street from the beach access point,as can be seen here, in Naples. Florida. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) I ullscrecu Jan Scott,left,drives the tram along the boardwalk Jan Scott, left,drives the tram along the boardwalk at the Clam Pass Park beach access point in Naples,Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen A beachgoer loads their car at the Lowdermilk Park ____ A beachgoer loads their car at the Lowdermilk Park beach access point in Naples, Florida on Saturday, Sept. 10,2016. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) Fullscreen Beachgoers load up their cars at the North Lake Drive Beachgoers load up their cars at the North Lake Drive beach access point in Naples.Florida on Saturday, Sept. 10.2016. As more people come to Southwest Florida. debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo: Nicole Raucheisen/Naples Daily News) I ullscreen Lowdermilk Park offers approximately 125 parking spaces, Lowdermilk Park offers approximately 125 parking spaces.some of which require a Beach Parking permit,while the remaining spots are metered. As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples Daily News) I utkeieen Like this topic? You may also like these photo galleries: Rep lay • Iof20 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 } Page 7 of 11 C:60) ! :;2 } O _, ' ) :#6,... 51,.., 2 ) ?.. . . . 3 +20 ow} � . I4of2O ! ' ] ) MI5of 20 \d - 6 of 20 • { of 20 \jam :¥- C • 8 o 20 le-- of 20 6 mom !Fs,Ha? / ./ Go 20 1 a. . 13 of 20 • y"40' 14 o : } c I i ht:\www.npen w±c mlmory/ews o a 201 Q/16/bec-u-ecU9 30 508 9/17/2016 Page 8 of 11 ` Amok rel 15 of 20 „16of20 il7 of 20 • 18 of 20 . 19of20 Ai" oll 20 of 20 Autoplay Show Thumbnails Show Captions Amok Last SlideNext Slide Minard thinks that's an incentive for Lee residents to buy Collier parking stickers instead of Lee stickers,contributing to the overcrowding of Collier beaches near the Lee line. "Beaches primarily should be used by their own residents."he said. But that sort of logic has long been a bone of contention between officials of Collier County and the city of Naples,which occasionally floats the idea of limiting free parking along the beach just to city residents. Naples City Manager Bill Moss said that's inspired by the feeling that the county doesn't do enough to help the city maintain its own access points,which actually outnumber those of the county and often attract county residents. "About a million people a year come to the Naples Pier alone."he said. The beach access to the popular Pier was refurbished last fall with new restrooms and planking that cost$2.5 million. But while the Pier, Lowdermilk Park and the beach access at the end of Fifth Avenue South are heavily used."there's no planning whatsoever for more access," Moss said. "To be able to acquire the land is beyond local government." That's because many of the city's beach access points are near some of the region's most expensive real estate,with beachfront lots running into the millions. A beachgoer loads their car at the Lowdermilk Park A beachgoer loads their car at the Lowdermilk Park beach access point in Naples, Florida on Saturday. Sept. 10.2016.As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo: Nicole Raucheisen/Naples Daily News) ,,mok http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 9 of 11 Because public parking is limited to a handful of spaces at these access points,beaches near the mansions are among the most uncrowded in the region—although people sometimes park illegally to get to them. "People park on yards and shrubs,so we have to send the police around,"Moss said. Yet there are no plans to shuttle people to these more secluded beach access points,Moss said. "We're not looking for ways to help people get to the beaches here,"he said. In fact,the city recently upped its parking rate for paid spots from $1.50 to$2.50 an hour and put in meters that take credit cards in a move that's anticipated to bring$1 million in revenue to the city,said Lisa Douglass,the city's billing and collection manager. When people pay meters with coins,she explained,they stay only as long as the jingle in their pockets will allow. "But people are more apt to overpay with credit cards so they don't have to come back and feed the meters,"she said. adding the city has 1,305 beach-access parking spots. While rising fees bring in revenue,they also hamper accessibility for those hard-pressed to afford them. Fort Myers Beach resident Jimmy Masterson,52,said it also puts a damper on the day of beachgoers who must constantly check to make sure their meters aren't expired,exposing them to heavy fines. "When I came here 19 years ago,parking along the beach was free."he said. Beachgoers carry their belongings along the path to Beachgoers carry their belongings along the path to the Vanderbilt Beach parking garage at the Vanderbilt Beach access point in Naples.Florida on Saturday, Sept. 10,2016.As more people come to Southwest Florida,debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) In Lee County,parking fees rose in 2009 from $1 to$2 an hour at the Bonita Beach Access No. 1, Lynn Hall and Bonita Beach Park access points.They rose the same amount in 2013 at Bonita Beach Access No.10. Bowditch and Bunche Beach. That helped to raise parking revenues at beach parks from$1.34 million in 2013 to$1.54 million in 2015. In the meantime,businesses near the beach wrestle with the issue of beachgoers parking in their lots to avoid the paid spots. Is towing vehicles worth the risk of riling potential customers? "It's hard, since more people are taking up spots and staying longer,"said Adrian Graham,bar manager at the Beach Bar Café across from Vanderbilt Beach,adding she's even had to shoo interlopers from employee parking spaces around the back of the building. But she doesn't understand why government officials,developers and beachfront residents can't work together for a regional solution to a problem that won't get better by itself. "If big cities can figure it out, why can't we?"she said. Parking signs line the 6th Avenue North beach access point in Naples, Florida on Saturday, Sept. 10,2016. As more people come to Southwest Florida.debate is growing as to whether theyOre being funneled into too few beach access points,with too limited and expensive parking. (Photo:Nicole Raucheisen/Naples Daily News) A line in the sand 411.v http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 10 of 11 While limited access points,tight parking and rising fees are the biggest obstacles to public beach access,some beachgoers also say they are being chased away by waterfront property owners who say their beaches are private. "It's happening more and more,"said Grant Gillman, 18,who works at a Fort Myers Beach coffeehouse. CO In reality,throughout Florida,all land owners along the sand only own rights to the beach up to the Erosion Control Point, or traditional mean high water line—a line that once set,doesn't vary even if the beach is altered by erosion or beach renourishment. The public has the right to use the beach from that line to the water. N/ ". ••Direct:Coastal Access Guide ki E, 4 .allin W t 5pIlf1,13 II i - , 6 11,0es -75. r, i'l co up!Seminole Jvlsco State Park . Island C> Show Imagery Slider % >> [11:577,790, --Show County-- V 3:577,790 ^ Q 0 5 IlOmi ^ O Share This Story 14 Neel Share Share Pin Email Comment N i D etu w PART OF THE USA TODAY NETWORK O 2016 naplesnews.com,All rights reserved. http://wwww.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 11 of 11 Share Enjoy a limted number of articles over the next 30 days 0 Subscribe Today Log In Subscribed,but don't have a login? Activate your digital access. Join the Conversation To find out more about Facebook commenting please read the Conversation Guidelines and FAQs Share This Story! Let friends in your social network know what you are reading about 4th`. Beach out of reach As more people come to Southwest Florida,debate is growing as to whether they're being funneled into too few beach access points. Beach out of reach "! Your Name IYour Email 'Your Friend's Email v CancelSend c Sent! A link has been sent to your friend's email address. C http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 7 1,472 in savings inside D .4,, t Xapirs Nruis Sunday, September 18, 2016/ $2.00 PART OF THE USA TODAY NETWORK Ready for a fun day on the Gull? First you have to get there, and that's no easy journey . �'_• "&f.' 0. ! . � , 1 .'1"11' !.- , � I,, L._ 110`4.'-lr" -_-;"'i' r '-77:-.1 'k_..'k. )._: ''*' t 1: ' - r 1 kt7--)41.1'...L. --tvirk . - - ,_ _ , , ,,,..t. , , i, , --- , 7 teras ... r . , ,„..,-.,- 1-,11 v IT, Jt 'I , — 41141,.. ti V W 1...-- -- - _ ."^ems. Z lA _ — W U sm S"Ligammin............ .._ J BEACH Tr (X__Jil 1 OF REACH JUNE FLETCHER JUNE.FLETCHER@NAPLESNEWS.COM;239-263-4775 ohn Minard, 80, likes to walk or swim at the beach every day. But lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money 1 dents coming to the region's premier attraction, to live along the parking lots are getting too full, he said. "The last two years,it's been horrible,"he said. the beach. "Lots get full by 8 a.m. in season, but even in Au- And once gust,they're filling up by 10:30 a.m." they're there, Moreover, some of the parking spots he used to they want it use near Clam Pass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long way itis." i gone, making some of his beach access points in- accessible — and creating choke points at MARK STRAIN CHAIRMAN OF COLLIER COUNTY PLANNING See ACCESS,Page 6A COMMISSION I 1 i',1 -.14...14-Le' + '�� ¢' ,_=:,4-4=-_,. - "Z - J ---:: ;=C ."' f' : y.F te -.:.4.1,--;'t- e '" 4 + -^s" : .'-_,,,;-,,, -.Z.- :1.17'16'1. -_.r - n --{. ''''':;7;Niji* ; , ‘-"'"-`%----"'",,:' _ ma 2 i-1 � ,� .P:8eachgoe�wait in line for tragi service Q q g„,,. g k beach access point �- w < • BONITA / ESTERO / NAPLES MONDAY, SEPTEMBER 19, 2016 4-ITHE NEWS-PRESS PART OF THE USA TODAY NETWORK CAMPAIGN CONTRIBUTIONS, LOBBYING RECREATION Lawmakers :, yk- received � �. _ Li _ ____ : 1 ___._ . ,z,,,„1 a II k - • :: IliIli, 111 . f p . ', ;h '� cash from drugmakers � � . p 1cK .- _ lg�' ,, F. Opioid makers, advocates spent -i }r. i{�j p $3.8M in Flol ida over past decade s^ 13 TAMARA LUSH AND MIKE SCHNEIDER t i- iiiw _� ! ASSOCIATED PRESS i ,a __ .. -4-:.:2-.. e:. _:! TAMPA - A joint investigation by ..- � ° i '` % The Associated Press and the Center ;. ! for Public Integrity found that drug- — -s . <� — r makers that produce opioid painkill — _ ��" .;-„ ,, _ 't i ers,and allied advocacy groups,spent "` �"=4rt �$` more than $3.8 million on campaign __ - f_ ..---'.,-,:,,„-,- 2,•.':=-4,-,-. ..--,,,,,, : ; contributions and lobbying over the .t.- ---'it^ — After Florida past decade in Florida as they worked -___ -' -` -.., ;_ -,- lawmakers to influence state and federal policies. NICOLE RAUCHEISEN/NAPLES DAILY NEWS adopted The groups have an array of political Beachgoers wait in line for tram service at the Clam Pass Park beach access point in Naples. so-called interests that include opioid advocacy, abuse-deter- and their spending was eight times rent legisla- that of the gun lobby during the same tion this year, period. Gov.Rick The investigation comes the start signed number of overdose deaths from pre IBeach it into law. scription painkillers has soared, Scott received claiming the lives of 165,000 people in $10,000 from the U.S. since 2000. Reporters ana- i opioid manu- lyzed campaign finance and lobbying As SW JUNE FLETCHER USA TODAY NETWORK—FLORIDA facturers, data from 2006 through 2015, re- according to viewed hundreds of documents and Florida - rA-' ohn Minard,80,likes to walk or swim at the beach every campaign conducted more than 150 interviews. day. finance and Drug companies say they are coin- grows, But lately the retired apple grower is having a hard lobbying mitted to solving the problems linked time finding ways to access the beach near his home in data. to their painkillers. Purdue Pharma, debate North Naples. one of the largest opioid producers by With more visitors and more permanent residents sales, said it does not oppose policies percolates coming to the region's premier attraction,the parking "that improve the way opioids are pre- lots are getting too full,he said. scribed" even if they result in lower over "The last two years, it's been horrible," he said. sales. "Lots get full by 8 a.m.in season,but even in August,they're filling At one time,Florida was the epicen- whether Ler up by 10:30 a.m." Moreover, some of the parking spots he used to use near Clam See Opioids,Page 10A there are Pass and Delnor Wiggins State Park when he first came to the area in t00 few 1985 are long gone,making some of his beach access points inacces- - --- sible—and creating choke points at others. access "Access points at the beach are mobbed while the spaces between points See Access,Page 14A „T7 Es 0 .. . Election 2016 Trump visits today: what you need to know • SHELDON ZOLDAN President George W. Bush's re-election cam- . . -} SZOLDAN@NEWS-PRESS.COM paign in 2004 at City of Palms Park.In 2008,Sen. - Lab Theater to host John McCain's running mate,Sarah Palin,held The presidential campaign comes to South- an event at Germain Arena. i fundraiser to find west Florida today with Donald Trump making Trump stumped in Colorado Springs on Sat- new home. 1I2 _ his first visit to Fort Myers. urday and was in Houston on Sunday for a Trump Trump will be the first Republican presiden- tial candidate to visit Southwest Florida since See Trump,Page 8A Live Doppler radar Classifieds»9C Nation»3B Sports»1C I !I HIGH 89 and weather updates P 111 �� I t�I I IIIlI II1�) II THE NEWS-PRESS F _ P Local business»15A Need to know»2A Views»17A � ` Published since 1884 LOW 76 at news-press.com Lottery»4A Obituaries»14A Weather»10C 0 40901 02625 9 Copyright 2016 $75 Retail DT, est.1954 Appliance& , BATEVoted Best Place to Buy! � - �r ?Y� SALE 122 First Place E APPL CES I- �^_s--.ry f ® r...F '9°' ''�0” $4,02. _ Reader's Choice Awards I LCL EIctroflicsi ,,. PROFILE n' over-ran e mull'a AFTER 5400 MAIL-IN REBATfi �`" °"' -a ,AS Outstanding Customer SMIFTJH Build _ .. v Y .� Service! Budd Your Ownhi acKag,e�Deal! _ ' x —{ 0ishwasher.,iih Professional Set up Appliances & ' s n -I.7roft Bo Convection ! i hiadenmmrols &1tISta118t100! Purchase 4 r more kitchen appliances Pa►R° ��T�<5 i f We Service What We Sell! Electronics .IG� S P and contractor discounts! tow Price Guarantee! • Continued from Page 1A - 0 them are wide open,"he said."It never was like this be- ==x. ,. '4 r -.•. ,,.tea `=, , - '`.7,-7, I` fore." } `== ' • , - • As more people come to Southwest Florida seeking a ..=.U7� a spot on the sand—and taking up already limited parking a _ at rising fees—debate is growing as to whether they're - - == r l; .I .t, i - I - being funneled into too few beach access points.And that 4 7 e - _ : 'i ems; tis, c could negatively affect tourism and real estate sales. ,; i_ t i y `People come here for the beautiful beaches," said _ "= u W4 Mark Strain, chairman of the Collier County Planning s is f"'' —.k� Commission and its chief hearing examiner"But it's get- -� s ' f ting harder and harder for people who don't actually live _ „/ ,`` a� - r along the beach to access them." - *� On the surface it may not seem that Southwest Florida It'b7; f � has much of a beach access problem,at least compared , -- some other parts of Florida, which has more than {,�,.,�,, 2,000 public access points statewide. ►. , ti k '' - " -, 4� 44; According to Florida's Department of Environmental ; ;- _ t v': -- -=: , `� Protection, Collier County has 57 public access points 1 . along its 34 miles of sandy beaches(spaced at an average -` j-o,�. - � of every 0.6 miles),while Lee County has 98 access points "��"�. - __."- ___, „ along 47 miles of coastline(or every 0.48 miles),and Char- L -+I _� lotte County has nine access points along 12 miles of Ir44y beach(or every 1.33 miles). • Contrast that with Hillsborough County, which in t r eludes Tampa.It has only one access point along its paltry - 2 miles of beach—and it can be reached only by boat. , .-'- But compared with South Florida counties on the east _ coast,Southwest Florida's access points seem limited and far apart. PHOTOS BY NICOLE RAUCHEISEN/NAPLES DAILY NEWS Miami-Dade County has 129 public access points over Beachgoers carry their belongings to the tram at the Clam Pass Park beach access point in Naples on Sept.10.Clam Pass Park 20.8 miles,or an access point every 0.16 miles.And Bro- has 171 public parking spaces,which are$8,or free to visitors who have a beach parking sticker. ward County,which includes Fort Lauderdale,has 179 ac- cess points over 24 miles,or every 0.13 miles. Having more access points, as well as ample public A line in the sand parking nearby,makes it much easier for Florida's east While limited access points,tight parking and rising fees coast beachgoers to hit the sand,said Miami resident Car- are the biggest obstacles to public beach access,some ;_ men Borges,51. beachgoers also say they are being chased away by water- - Lounging on Vanderbilt Beach last week,Borges said front property owners who say their beaches are private. - I Naples' more restricted access and longer walks to "It's happening more and more,"said Grant Gillman,18, "� crowded parking lots was frustrating by comparison. who works at a Fort Myers Beach coffeehouse.In reality, ' Y,' '+a "If you come with stroller or a kid,or someone who is throughout Florida,all land owners along the sand only - �:' r i ' •' �' handicapped,it's difficult,"she said. own rights to the beach up to the Erosion Control Point,or --1 ' . , i Vanderbilt B Nearby,Wendy Batts,43,of Louisville,Kentucky,won- traditional mean high water line—a line that once set, _- ,' dered why associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach �_-- ^��ces ' owned by seasonal residents and empty for much of the renourishment.The public has the right to use the beach ____,,,,4 f year—don't allow tourists to use their empty parking lots from that line to the water. . '`i� -: - 4',- and access their private beaches during the offseason. ., , = "It would be gracious,"she said."After all,we spend '� � ;at, _ money here and help keep your economy afloat." built out. Collier planner Strain is worried the county isn't pre- The county has 1,516 beach access parking spaces,not Beachgoers carry their belongings to their cars at the paring adequately for what he sees as an explosion of de- counting the city of Naples. Vanderbilt Beach access point in Naples. mand that will only get worse. No boardwalks or new access points to the beach are Collier's permanent population is 354,000,and its peak being planned, Strain said, and rocketing beachfront seasonal population is 425,000.Strain estimates the coun- prices make buying more land for access or parking too Minard thinks that's an incentive for Lee residents to ty's population will swell to 1 million to 1.2 million when it's prohibitive for county coffers. buy Collier parking stickers instead of Lee stickers,con- Another problem is resistance by people who live on or tributing to the overcrowding of Collier beaches near the FUNERALS & MEMORIALS near the beach to providing more ways for tourists and Lee line."Beaches primarily should be used by their own » o e &Memo I += inland + e What + r �.+ w • own nts,"he said. -.1,-_,,,,-4,;-, -. 4 a'° , + vat -44`. '' � ' 7 s d_ Y = .`• that sort of logic has longbeen a bone of contention Th 'N- ,s ressjso • • hes not! •_ ,..1 s 1):,•:c.. ' 'Pre Aft ..;f:-.,,:i 4410-to ,. al o+ + . "h; he between officials of Collier County and the city of Naples, t-.''° ;t, .4' _ m .r�� ir' r type o said. e" ere th • � •I s � �-y ., � e way '-','•:•,,,` 'A+ccasionally floatstbe,idea bf limiting free parking www.news-press.com/obits or call 335-0324. Please it is." along the beach just to city residents. visit news-press.com for archived obituaries. Obituaries So residents often resist suggestions like bigger park- Naples City Manager Bill Moss said that's inspired by and photographs submitted to The News-Press may ing garages or public transit,even if it would mean cut- the feeling that the county doesn't do enough to help the be published, distributed, repurposed and otherwise ting down on the number of cars that prowl streets look- city maintain its own access points, which outnumber used in print;electronic and other media platforms. ing for spots,Strain said. those of the county and often attract county residents. When the luxury high-rise Moraya Bay was built sev- "About a million people a year come to the Naples Pier Death notices REBECCA SMITH en years ago,it cut off 16 county public parking spaces at alone,"he said.The beach access to the popular Pier was the entrance to the neighboring North Naples beach ac- refurbished last fall with new restrooms and planking FORD,NANCY N.,87, SEPTMEMBERR7A2F016 cess.So sand-seekers who wanted to use their free-to-res- that cost$2.5 million. of Bokeelia died September idents Collier County parking stickers were forced to use But while the Pier,Lowdermilk Park and the beach ac- 16,2016.Arrangements byRebecca Smith Markgraf, g Conner Park,a half-mile away. cess at the end of Fifth Avenue South are heavily used, 57, of Fort Myers, passed Hodges Funeral Home at Lee Shuttles from inland parking lots would help alleviate "there's no planning whatsoever for more access,"Moss Memorial Park. away Wednesday, September theproblem, but too often, residents object to them, said."To be able to acquire the land is beyond local ov- 7, 2016. She was born June q Y g 26, 1959 in Birmingham,AL Strain said. ernment." and moved to Fort Myers with But sticking your head in the sand won't make the That's because many of the city's beach access points ` her family in 1991. She was problem go away,he added. are near some of the region's most expensive real estate, y 1 - a registered nurse and received "As the eastern portions of the county become devel- with beachfront lots running into the millions. her nursing certification from oped and residents head to the beach, especially from Because public parking is limited to a handful of St. Vincent's Hospital in Bir- huge new towns like Rural Lands West and Ave Maria, spaces at these access points,beaches near the mansions mingham. She completed traffic along the beach will be terrible,"he predicted. are among the most uncrowded in the region—although her Bachelor's Degree at Edi- son College and went on to What's more,because many of the county's beach ac- people sometimes park illegally to get to them. I complete her certification in cess points have no public parking nearby,they are for all `People park on yards and shrubs,so we have to send Operating Room and Coding practical purposes inaccessible for anyone who doesn't the police around,"Moss said. for billing and claims review. live within walking or biking distance,Strain said. Yet there are no plans to shuttle people to these more Most recently, she worked at Such inaccessible access points include the roughly 2- secluded beach access points,Moss said. .j home in claims review. mile stretch on North Gulfshore Drive from Vanderbilt "We're not looking for ways to help people get to the ''' , • / ) Rebecca is survived by her Road to 110th Street,or the beach along Pelican Bay. beaches here,"he said. <k 4,z_- loving husband of 25 years, And sometimes even bike riders have a hard time find- In fact,the city recently upped its parking rate for paid y'• Kurt Markgraf; her children: in a spot.f,f Max Markgraf, who is cur- g p spots from$1.50 to$2.50 an hour and put in meters that a, ready attending the Lis cur- When he lived on Marco Island,Gage Wheeler,20,of- take credit cards in a move that's anticipated to bring$1 sity of South Florida to receive ten found the five to eight spaces provided for bikes on million in revenue to the city,said Lisa Douglass,the city's ¢ i 1.,,,;: t his Bachelor's Degree and beach access racks "really packed." "Sometimes there billing and collection manager. Fa •, i. Melissa Markgraf currently was no place to lock up your bike,"he said. When people pay meters with coins,she said,they stay Ars- a" - • living in England where she is Other times, especially during the stormy summer only as long as the jingle in their pockets will allow. studying for her Master's De- months,parking lots flood to the point of being nearly im "But people are more apt to overpay with credit cards ( i gree. She is also survived by passable for days,as frequently happens at the 96-space so they don't have to come back and feed the meters,"she her brother, Michael Smith. Collier County lot on Lely Barefoot Boulevard that serves said,adding the city has 1,305 beach-access parking spots. ` She was preceded in death by the access point to both Barefoot Beach and Bonita While rising fees bring in revenue,they also hamper her parents: Herbert and Joan Beach,just over the Lee County line. accessibility for those hard-pressed to afford them. j' (nee Day) Smith. 1 Schwing,manager of the city of Bonita Springs, Funeral arrangements are Fort Myers Beach resident Jimmy Masterson,52,said 4 i under the direction of Fort said he's "very concerned"about the lack of parking at it also puts a damper on the day of beachgoers who must Myers Memorial Gardens Fu- °' \ Bonita Beach, the most accessible public beach in the constantly check to make sure their meters aren't ex- neral Home, 1589 Colonial southern part of Lee County in terms of parking. pired,exposing them to heavy fines."When I came here Blvd., Fort Myers, FL 33907. Although there are 99 parking spaces on the Lee Coun- 19 years ago,parking along the beach was free,"he said. iq - Online condolences may be ty side of the beach access,he's hoping the lot can be re- In Lee County,parking fees rose in 2009 from$1 to$2 offered at: www.fortmyersme configured to squeeze in a few more spaces. an hour at the Bonita Beach Access No.1,Lynn Hall and morial.com. He's also asking two developers who want to build in- Bonita Beach Park access points. They rose the same A Celebration of Life will belk land hotels in the city to add about 200 public parking amount in 2013 at Bonita Beach Access No.10,Bowditch held from 1:30-3:30 PM on Sunday, September 25, 2016 spaces to their hotel lots.They'd then take residents and and Bunche Beach. a at the Edison Restaurant, hotel guests to the beach on their private shuttle buses, That helped to raise parking revenues at beach parks 3583 McGregor Blvd., Fort which,unlike public shuffles,wouldn't be subject to the from$1.34 million in 2013 to$1.54 million in 2015.