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Backup Documents 10/11/2016 Item #10C I- -efr►n to C graiof�� lt'c WOODWARD, PIRES & LOMBARDO, P.A. , 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 CerefierhReal Estate Chairman Collier County Commission ANTHONY P.PIRES,JR Board of County Commissioners Board Certified Cit;County; and Local Government 3299 Tamiami Trail East, Suite 303 J.CHRISTOPHER LOMBARDO Naples, FL 34112 &aid Certified:Marital and Family Law 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 ROBERT E.MURRELL Parking Reduction for the Beach Box Cafe/Beach Box Property.' Of Counsel Dear Commissioner Fiala: CATH RINE A HUNTER LL.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 MURRELL • 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 20 3200 TAMIAMI TRAIL N. and Parties to the Vaguna Appeal. SUITE 200 NAPLES,FL 34103 239-649-6555 239-649-7342 FAX D 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.BOX ONE present,ISLAND,FL 34146 or omitted herefrom and the right to make and submit additional motions, 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 G 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 1 0 13 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. Respec "�►`�' 'ite e •7 '':n = 'ire- sq. 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 1OC 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 239-649-6555 Phone 239-649-7342 Fax aoires@wpl-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. 1 O WOO DWARD, PIRES & LOMBARDO, P.A. Esr.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R W000wARD Board Certified:Reil Estate MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL &wdCe n&od Re1Esns Board of County Commissioners ANTHONY P.FIRES.JR Collier County, Florida Ba„dc«t;&rn c—a)ic«„ . C/O Michael Bosi, AICP and Lomat Grncmntiru 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, Florida 34104 Board CcUbat Marital p and F roily Liw Re: REQUEST FOR CHANGE OF HEARING DATE CATH RINE AHUNTER APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- LI I.(rnaaanl evaluation and Re-issuance of Administrative Parking Reduction, APR- PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, JENNIFER LDEVRIES Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued 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 M.COLEMAN ("Beach Box Cafe"/Beach Box Café Property), (the'APR Denial") 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 SI 3200 TAMIAMISUITE 200 Tp.A1L N. should be upheld' and the Vaguna Appeal should be denied_ NAPLES.FL 34103 239.634 3 2FAX This filing is submitted on behalf of the Parties in the Residents' Appeal and as part of the Vaguna Appeal and The Appeals. The Parties as participants in and J 606 BALD EAGLE DRIVE parties to the Residents'Appeal, the Vaguna Appeal and The Appeals 500 Pp g pp 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 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 ,,T 419 i 4.41 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'Appeal2 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 Cafe 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 I 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. IMC— Phosphates Company, 824 So.2d. 298, 300-301 (Ha. 15' 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 loiJ 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 Café (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 Café, 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 Café or Beach Box Café 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 IOC 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. Respectff „--•• i -. or 41/0 •nt .ny P. P. , Jr. Esq. APP/Ig Enclosure(s) Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, 1 I 4 IOC EXHIBIT "A" TO REQUEST FOR CHANGE OF HEARING DATE iue Anthony Pires 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 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 From: BosiMichael Imailto:MichaelBosi@colliergov.net) Sent:Tuesday,September 13, 2016 10:36 AM To:Anthony Pires<APires@wpl-Iegai.com> Cc:Ashton Heidi<HeidiAshton@a 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 - ('i1 View Portal Sincerely, mike From: Anthony Pires [mailto:APires@wpl-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? 6 Thanks I U Tony From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent: Friday, September 02, 2016 2:15 PM To:Anthony Pires<APires@@wpl-legal.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:APireswol-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 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@@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:OssorioMichael [mailto:michaelossorio( coliiergov.net] 1. Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APiresPwpl-legal.com> 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 [mailto:APiresi wpl-legal.com] 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 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 4th 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. Pires,Jr., B.C.S. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-leual.com Firm Website:www.wpl-lecial.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 andlor 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. 3 lOG t"; EXHIBIT "B" TO REQUEST FOR CHANGE OF HEARING DATE L. U 664 LJ ••••°Verizon 3G 8:04 AM 58%L1 Jbeachboxcafe.com X I I hi Naples Daily News News Press National Hurricane Center Declaration of Independence -Text Transcript ••• �\1 lP * � ( 2; �'� " 1 l t 1 'A. kl E . I l 1 4�' i ,. '" 1.4'4' , t &: Lf_lof E A ' B X Loco AbouE SusEai►1o,bCliEy GolnEucE CaLeKdar - 239-301- 0950 :`"* ate `'4<el;.;A 1 -' ‘ ' t / .:" ' rlk , r / � ' , The aBeach Box ,:".'' :404 k- rCondos ,;, , . , "I CmtStay'Ufa Vs! /j :� \t/ r ,/,/\\ IFIN Join Our Mailing Lis e Email Address f .., ' �ewe �' :-�� ' -�1 $; Subscribe Like Us ;, . CIFIKPAATT with mut OPE •a 1 AUGUST ,v MIGZSIAS ...10 SOUKS •IU Vr .y ''/, NIGHT Georgia ..-q.rgia . _ ,� �� Cicrl. Cour. f. ,, w ♦ • �- .- Beach Box . c.....0. ,. ..-e. .,.. .. __ ;-- a w Cafe oretna uilGtraaY•cLs . ,.. il. Ria 73IT s beachboxcate.com GOTV PARTY with Georgia! AT THE BEACH BOX CAFE with D.J. Ceron! Thursday,,August 4th 15-8 P.M. if SVP 1a•Sage- gee.beaehbozcehdos.com Itly— ,, ..,_.4 Georgia ,„, 4 Hiller w Clerk,:. Courts .�' 4- . r . 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(Ir) .Y .2 ? 0 13 •-j .8.• . - 1 •° - ' o a) — '1 '. 0 0 CZ rt g*, tg:6 z 3 -5 -1—"E C) ba, ' w ill 7 v1/4., •.... Verizon 36 8:19 AM 1 b4%*EL) o facebook.com "� Vote Georgia Hiller for Clerk Governr 4 '1, Thank you to Gary Brecka and Patrick Dearborn for hosting a great GOTV PARTY at the Beach Box last night!Thank you DJ Ceron, you are amazing! . 0 . Thank you to everyone who came to show support for Georgia! PEOPLE . �j }' #GeorgiaforClerk#25days#GoGeorgiaGo#LetsWinThis... See More -'''r' ,. r" #Ir''.. 40,13,_ Vote Georgia ' Hiller for Clerk ABOUT w Vote )- Home .— ' ' Folin mitsmik4 . . � ,.� by G About t 2016 i Photos lc g1,t� RU . It: s 1, -- Clerl Events -- \ .j CieY Conk Likes ,- Repz 1 Videos GeOrgja http• Posts tr v... Create a Page Like Can?menrc t ShaPHOTOS cam+m,- Veronica Ricardo,David Aldrich,Evelyn Cannata and 43 others like Chronological- �.,.: this. Georgia Hiller • litVote Georgia Hiller for Clerk And thank you DJ CERON!!!You are Amazing!! ii ''Gr-' La 2 Vote Georgia Hiller for Clerk Thank vni i to rnlliar inn ('Ii ih 4- rncrnnc Italian f afa R Pi77t ria fnr an See more of Vote Georgia Hiller for Clerk by logging into Facebook Sign Up log in io 'Clo x "'"'"•\N A $ • (' con n O t m : Cc I tJ e W F O d a • O l> • •y E c ` � £ a 13 a 8 E = # U n U K c 0 g Vj� # ' a ` Er, --r,r=1 co CO d y�Q 8 6 r a n g u w U •� �a c �+ g:a K � v 3; 4 c ,)W c3 2 a c c as . Aa C k O 2■4 1•114 C.)_ o i Z d G 5 C7 \ 4 V f9a 4:: j ....4 _ ,,,,..c Au CU D QZO Yid = O ry a g U O G 0 ;(e.... : 7! ; : : irki et Z 9 _ . IIII( IL o , sic IIIMIIMIIIIIIKa . 0. > d • v N Z iOC G facebook.com C fl ± (al �"..„ Naples Daily News News Press National Hurricane Center Declaration of Independence-Text Transcript Florida Statutes .•• Hoare-Beach Box Cafe i„ Get Out The VOTE PARTY with Georgia facebook sn up Log In fomot account! irt.,. . . __ Ar----- Georgia . , ...,,., . -: Hiller • Ali Clerk Courts ACM Get Out The VOTE PARTY with Georgia Beach Box Cafe Thursday,August 4 at 5:00 PM-8:00 PM in EDT `,C`.; 34 23 677 9 Beach Box Cate Shaw rasp About Discussion \. Detail by t_nuiy Name http://seg►rcn.sunbtz.or_/inquiry/C:orporahonJearetVS' c sttltLletal.. ""1 FLORIDA DEPARTMENT OF STATE s Home Contact Us E-Filing Services Document Searches Forms Help Detail by Entity Name Florida Not For Profit Corporation 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 I NAPLES, FL 34108 I I rnnvrypht r.and {YdCY paj 5 State of Fbnda,Department of State I of 9/27/2016 2:14 PM Detail by LAM)/Name hbp://search.sunbiz.org/Inquiry/CorporationSearch/Se• h sulk tan.. /--\ 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 ' I 2 of 3 9/27/2016 2:14 PM 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 Cioffr 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 comments3.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, 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 Cafe 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 Cafe 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 Cafe. I0ti 6. Naples Daily News Article and corresponding public comments to demonstrate the public opinion of this 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 Cafe's 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 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)-978-1480 2 beachboxcondos I ABOUT US Page 14f About Us ;Meet Gala= Brecka & Ralph OWL 131 1C' owners of 1,1 �..��, Beach Box Caj %i� • • & Beach Box • MOW 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 work at the restaurant(Madison.17.Cole 14 or Dylan 11)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 I greeting guests.!oohing over the details or listening to our favorite musician. So please come stay with us...say hi,relax and l think you too will fall in love with the Beach Box family...see you soon! Gary Brecha&Ralph Cioffi int http://www.beachboxcondos.comlabout-us 9/23/2016 oC .."r,.:Rr' DEARBORN 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 Cafdd(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 1 know). Vanderbilt Beach continues to experience an ever-increasing census of people visiting the area,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, /19Gt. Pea.26o 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. 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' -.....-.1.et„,-- • . .• .• .• •,- . .. - -' -'' - •?-' . . . .,„.....-)*.--. •.•••••z•--. _ . • . . - • . .. — • ,• • . . .„._ . , . .. . -., • o•• , . 4- . . •i';;17":::./.-" i '''.... •r' , • • . ...‘ 4 . , . . n Li EXHIBIT "C" TO REQUEST FOR CHANGE OF HEARING DATE c (.IflerE=ov.rtet Report Title: Code Case Details PTh 9/7/2016 1:40:21 PM Case Number CELU20150008262 Case Number CELU20150008262 Status Open Case Type Land Use Date&Time Entered 4123/2015 12:39:19 PM Priority Normal Entered By boxheinz Inspectcr JonHoagboon Case Disposition Case Pending Jurisdictiol Collier County Code Enforcement Origin Complaint Detail Description: Picnic tables observed at this location where property is not zoned for such Location Comments 9020 Gulf Shore Drive(Beach Box Cafe) Address 9020 Gulf Shore DR Property 79122440003 Property Owner VAGUNA CORPORATION Business Management& Budget Office 1 1 0 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Enter Initial Case Information boxheinz 4/23/2015 4/23/2015 Complete Initial Inspection boxheinz 4/23/2015 4/23/2015 Violation(s) Observed approximately six picnic tables at Found this location violating zoning requirements...nov completed...pic taken Record Violations boxheinz 4/23/2015 4/23/2015 Complete Attach Picture(s) boxheinz 4/23/2015 4/23/2015 Complete Generate Notice of Violation boxheinz 4/23/2015 4/23/2015 Complete Personal Service Attempt boxheinz 4/23/2015 4/23/2015 Complete iCE 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 4/23/2015 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 8/7/2015 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 with their SIP changes. Four new permits have been submitted on 7/27/15 for these 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. In addition,they have hired a"parking specialist" to assist them in this endeavour. He said that 3 more permits will be submitted soon Continuing to monitor.JH48 Business Management& Budget Office 2 Y } 0 Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 8/26/2015 8/26/2015 Non- 08/26/15-Four new permits have been Compliant submitted on 7/27/15(PRBD20150724792, PRBD20150724794,PRBD20150724795, and PRBD20150724797.)Spoke with John Podczerwinsky(Davidson Engineering)who was hired by the respondent.He will be assistin them with their SIP and issues.His con act info is 239-434-6060. Re-Inspection JonHoagboon 9/25/2015 9/25/2015 Non- 09/25/15-In addition to the 4 permits noted in Compliant the 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 11/23/2015 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 12/22/2015 12/22/2015 Non- 12/22/15-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 j their Site Improvement Plan.Monitoring.JH48 1 Re-Inspection 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 finaled 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-Inspection JonHoagboon 2/23/2016 2/23/2016 Non- 2/23/16-So significant changes with permits Compliant regarding this case The only changes are to Permit#PRBD20160101196,which is under inspections commenced,while permit #PRFR20160100057 has been 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 is under inspections commenced status. Both PL20150002649-Site Improvement Plan and PL20150001922-Administrative Parking Reduction remain active.JH48 Business Management& Budget Office 3 1OC Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 4/4/2016 4/4/2016 Non- 4/4/16-Recieved e-mail from John Marques Compliant He provided a new contact, Ralph Cioffi (rrcioffi@icloud.com).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."Will 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- Summary: Ray Belllows has agreed that a Compliant 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 6/2/2016 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. Bosi informed us that the Vanderbilt Beach Residents Association(VBRA)has until 7/17/16 to file an appeal to challenge the �.� proposed Parking Reduction Monitoring, JH48 Business Management& Budget Office 4 1 0 j Code Case Details Execution Date 9/7/2016 1:40:21 PM Desc Assigned Required Completed Outcome Comments Re-Inspection JonHoagboon 7/5/2016 7/7/2016 Non- 7/7/16-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- 7/20/16-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 P120150002649(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 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 Ind CE Staff Review KimberlyBran 8/19/2016 8/19/2016 Complete Pictures attach-1-7/KB des CELU20150008262081916Pict 1 CELU20150008262081916Pict 2 CELU20150008262081916Pict 3 CELU20150008262081916Pict 4 CELU20150008262081916Pict 5 CELU20150008262081916Pict 6 CELU20150008262081916Pict 7 CE Staff Review letourneau_j 8/19/2016 8/19/2016 Complete Received an email from the attorney representing the Beachbox stating they plan to appeal the parking plan denial and asking for Code to hold off on further emforcement 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 8/25/2016 Complete please scan legal docs into case-thanks! attached legal docs/rid Business Management& Budget Office 5 1O 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 Prohibited Use NOV Issued 4/23/2015 $0 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 6 1 134 Anthony Pires From: Anthony Pires Sent: Thursday, August 18, 2016 1:58 PM To: 'michaelossorio@colliergov.net' Subject: STATUS OF 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 known as 9020 Gulf Shore Drive (Beath 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 4th 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. Pires,Jr., B.C.S. Woodward, Pires& Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@w01-lepal.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 ail its attachments. 1 a COLo 76Y County Growth Management Department Zoning Division August 12,2016 Fred Hood, Project Manager Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 RE: Denial of the Administrative Parking Reduction APR-PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003, and rescission of letters dated September 22, 2015 and May 18,2015 [2016]. Dear Mr. Hood: 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). This re-issuance was based upon a re-evaluation of the APR directed at the April 12, 2016 Board of County Commissioners Public Hearing, 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 18Th 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 off of information contained within the appeal (PL-20160001347) 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. The APR application provides the Town of Fort Myers Beach Section 34-676, Circulation and 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 was 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 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. " 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. To 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 to) 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net the City of Fort Myers Beach. cannot be applied to the Vanderbilt Beach area, due to the 375 parking spots within the garage being solely reserved for beach utilization, per Section 130-79 of the Collier Code 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 parking 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 9002 Gulf Shore Drive is occupied by uses other than a cafe, retail, office, and residential in the square-fbotages stated 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 be noted that the denial of this APR does not affect the current use and required parking of the facility as noted below, but affects the ability to approve the existing Site Improvement Plan under review, which proposes to convert 1,270 sq.ft. of retail space to Café 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 4 units 16 spaces provided Proposed uses and parking required Café' 68 seats 34 spaces required Retail Space 500Sq.Ft 2 spaces required Office Space 900Sq.Ft 3 spaces required Residential units 4 units 8 spaces required 47 spaces required As noted, based upon the restrictions of Ordinance 2010-29, 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 be support and therefore APR- PL20150001922 is denied. Respectfully, Mike Bosi,AICP, Director, Zoning Division cc: Raymond V. Bellows, Zoning Manager PAM WOODWARD, P I RE S & LOMBARDO, P.A. EST. 1971 ATTORNEYS AT LAW July 12, 2016 CRAIG:`WOODWARD li.,.ad Cerifxci:Rcz!E,z,r Honorable Donna Fiala VIA EMAIL MARK J.WOO OWARD IMnR,,r F,c,,, Board of County Commissioners ANTHONY P.FIRES.JR Collier County, Florida cityCp,R,: C/O Michael Bosi, AICP L.>:1lrrt.ne'" 2800 North Horseshoe Drive I.CH RISrOPHER LOMBARDo Naples, Florida 34104 lk..adl't-tiff r4mma nn i Fansb i.va Re: ADDITIONAL MATERIALS (SECOND SUPPLEMNTAL SUBMITTAL); ROBERT E.MURRELL APPEAL PL20160001347 (the "Appeal") relating to BCC directed Re- Of cx::u: evaluation and Re-issuance of Administrative Parking Reduction, APR- CAFHRINE A.HUNTER PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, i1-�1.CI> y ' Florida, Folio Number 79122440003 ("Beach Box Cafe"/"Beach Box Café Property"), issued May 18, 2016 but dated May 18, 2015 (the "APR Re- Issuance") JENNIFER L.DEVRIE> JENNIFER M TENNEY Dear Commissioner Fiala: LENORE T BRAREFIEID r MATTHEW P.FI ORES As noted in the timely Appeal filing made on June 15, 2016, and in my first TODD MURREL! supplemental filing on June 17, 2016, the listed parties to this appeal (the "Parties") Jostrn M.COLEMAN 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 REPLY TO: South Bay Realty and also showing parking spaces in front of the Beach =20tAmiAmt nME N. Box Café blocked off by cones and/or canopies. SUITE 200 • NAPLES. FL 34103 239-649-W.5 Respectfully submitted, 259 649 7342 TAX J f:106 BAI D EAG LE D.WE SUITE 500 • 4 � I'O BOXOt.'E MARCO ISLAND.FL 34146 nt y P. 'ires, Jr. Esq. 219-394-cio1 2$9 642-6402 FAX APP/lg W'W.WPL LEGAI_COM Enclosure(s) Cc: with enclosure(s) Heidi Ashton-Cicko, Esq. Commissioner Donna Fiala 1, 0 1', COMPOSITE EXHIBIT TO THE SUBMITTAL AS PART OF THE APPEAL OF THE APR-REISSUANCE CONCERNING THE BEACH BOX CAFE/BEACH BOX PROPERTY 1 0 .,.•:•'''",,,,, -_,,-,_'r',;" ''... 4'.' • '.<1.--..1': -.,,,..,...-:-1..-4,.. ,- t: . i.f r t . .r{t:� . ii L, 'fir, 1 .4 ,„: P, - t 1 Vr,. + r� ----- �� ,r j',. r — fripe: . P;r ' +` • 'r• - r r o • ior. 004._. r •••• , , -- ': . . • ^ 7 II ‘. . , 14.. Ii. - $. . . . l' ':.,,',., \ • I ._ .. \ ,. •t 7' ..' . ; .. k t . . :. •.„. , •,.: ...,. _ ,.,,, ...... . . . ;... .,....„ \. . , ., . , . .... . _ . ..-. t . _{,,,,,i , ....... ...., „,1 ,.;.k . I. t, 1 't s,. r , ` ` v is ? ' � � `� "-,,, --. ,. 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' . .. r I 0 w f ' -''''''4'44'7;4' ,,,t i z *. . ---'" -;137:1(::::- . 11--11.-'*•-•*-lvv.1:t'—.1."-..-::L14:lii'.'*';L:'''.--1 -;°Ilatial i*":-.....31 l4-::: Li. it . --y „------------- , ., ....._ , . _ .......... . , ._ _--- +„_„u. , ' r t • a 1\10 Cov 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 Hello Mike, Could you kindly advise of the status of your review? Thank you, Tony From:OssorioMichael [mailto:michaelossorio[«colliergov.net) Sent: Friday,August 19, 2016 11:31 AM To:Anthony Pires<APires@wpl-iegal.com> 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 [mailto:APiresrAwpl-legal.com] 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 known as 9020 Gulf-Shore Drive (Bea& 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 41''1 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 o CI 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. Pires. Jr., B.C.S. Woodward. Pires& Lombardo. P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wol-legal.com Firm Website: www.wol-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. 2 IOr Complaint Status - CityView Portal Page 1 of 2 GiviD Public Portal Complaint Status . . _ Complaint Information `I, • , •aaata 7214244000a — Inspections Inspection Outcome Requested Scheduled Date Inspected Re-Inspection 4..7..inp1W11. ':0 •' :Clfi Re-Inspection 7 Re-Inspection 2,110, Re-Inspection !I . IS Re•Inspection Re-Inspection ! Re-Inspection 4 4 Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection Re-Inspection lit .;:. Re-rnSpeCtton Re-Inspection Re-Inspection : Re-InspeCtion Initial Inspection EXHIBIT http://cyportal.colliergovmetiCityViewWeb/CodeEnforeement/StatusReferenee?referenceN... 8/7/2016 10 Complaint Status - CityView Portal Page 2 of 2 •ectrc . F.,,t,t <.. Sta:els :me Stats Changed ,4'21'.20):: .__n1,,er s 1•ust cease 30 ase at any a-,c an rC;rCrt, xher m=n property i:ce as :sent,%ec:n Cr rimln,ze 04-41 :Is amender. Sechcn;0,2;:a. 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's _ •ate_ ,,,4.a,�:e�� � - - - qf} �4 , " 9 - 0 EXHIBIT "D" TO REQUEST FOR CHANGE OF HEARING DATE Tia Anthony Pires --� 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...I 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.M (direct) Begin forwarded message: From: "Wrightleff" <JeffWrightPcolliergov.net> To: "Vanderbiltbeach54@yahoo.com" <Vanderbiltbeach54@yahoo.com> Subject:9020 Gulf Shore Drive This message is intended for Jackie Bammel,VBRA Director. 0.... }. 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 2 vk. 5" E • 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; 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 27th 2015,at approximately 7:30pm. Investigator Ambach observed ambient sound consisting of human voices,insect noises and vehicle 1 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: "WrightJeff" <JeffWright@colliereov.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 239-252-506.1 2 0 s Anthony Pires 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: Wrightleff 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<Michelle5cavoneCcacolliergov.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 0 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 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" <1effWrightPa 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& 3 0 iCt Anthony Pires From: Hoagboonion Sent: Friday,April 22, 2016 7:42 AM To: LetourneauJeffrey 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 11 0 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 ColbvHazewinkel@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<LeoOchs@colliergov.net>, FrenchJames <jamesfrenchPcolliergov.net>, LetourneauJeffrey<Jeffreyletourneau@colliergov.net>, DeaneConnie <ConnieDeanepcolliergov.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; 1 LI 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 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,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 j 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 0 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: 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 corning 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 Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 1 0 C Commissioner Hiller: Update Jeff Letourneau, Manager Of Investigations for Code Enforcement, advised the four referenced permits are still in "issued" status.'fhey 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 the permits. On behalf of Jeff Letourneau, Manager Of Investigations Michelle Scavone,GMD Operations Coordinator 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 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. tour new permits have been submitted on 7/27/15 for the various changes(PRBD20150724792, PRBD20150724794, PR13D20150724795,and PRBD20150724797). 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 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 4 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 GMD Code Enforcement Division Michelle Scavone GMD,Operations Coordinator From: ChesneyBarbara Sent: Monday, May 11, 2015 3:19 PM To: HillerGeorgia Cc: VlietJohn; 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 5 1 0 P 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 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 I 0 ight@c olliergo v.net> To: "Vande rbiltbea ch54@ yahoo.c om" <Vande rbiltbea ch54@ yahoo.c am> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I, VBRA Directo r. Dear Ms. Bamme Please see attache d, and feel free to contact me if you need anythin g else. T hank you, 10110, Jeff Jeff Wright Direct() r Collier County Code Enforce ment Division Growth Manag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 8 0 Anthony Pires 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 lou 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,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 From: ScavoneMichelle Sent:Thursday,January 21, 2016 4:18 PM To: HillerGeorgia; HayesKaren Cc: WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneauleffrey; 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: 2 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; Marcella)eanne; AuclairClaudine; OchsLeo; FrenchJames; Letourneau)effrey; 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 PL20150002649 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 cafe". 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 Cc: ShueGene; WilkisonDavid; Marcella)eanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 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 (PRHV2015103 1301),and filed an SiP (PRBD201 50930039) for a parking reduction. Code Enforcement eases remain open and staff will continue to monitor the permits. On behalf of Jeff f.etournean, Manager Of Investigations Michelle Scavone, ( Mi) Operations Coordinator 3 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 Commissioner Hiller: Update Jeff Wright, advised that on 13/7/15 staff spoke with John Marques (Respondent, 630-452.3743). He informed staff that they hired a real estate property management company (Welsh Companies, 239-26[- 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. In 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 von updated. • On behalf of Jeff Wright, Director tiMI) Code Enforcement Division Michelle Scavone tiVID, Operations Coordinator Sent: Monday, July 13, 2015 9:36 AM To: HillerGeorgia Cc: GossardTravis; Wrightieff; 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 GMD, Code Enforcement Division Michelle Scavone GMD, Operations Coordinator From: ScavoneMichelle Sent: Friday, June 12, 2015 8:45 AM To: HillerGeorgia Cc: 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 for noise and other violations on a regular basis, 4 i 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 Hitler/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 27"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 5 expect to have an answer from planning/zoning I 0 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: "WrightJeff' <JeffWrieht@colliereov. net> To: "Vanderbiltbeach54@v ahoo.com" <vanderbiltbeach54@v 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 6 ,.0 Linc.4ar Law,e-mail a6iresses arE public if•;•7,.... n :ant yk3ur m2o address aleased issporise to a public records request d' lot set'd Electronic mail to this entity ;nsieact cor,tact 1-Js ,f1,7e b telephone or in writing 7 I C C 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<MichelleScavonePcolliergov.net> Date:July 22,2016 at 2:06:50 PM CDT To: HillerGeorgia<GeorgiaHiller@colliergov.net>, HazewinkelColby<ColbyHazewinkel@colliergov.net> Cc: WilkisonDavid <DavidWilkison@a colliergov.net>, MarcellaJeanne<JeanneMarcella@colliergov.net>, AuclairClaudine<ClaudineAuclair(a)colliergov.net>, OchsLeo<LeoOchs@colliergov.net>, FrenchJames <jamesfrench@colliergov.net>, LetourneauJeffrey<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, 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: 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,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 , From: ScavoneMichelle � i 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: 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 cafe". 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 Cc: ShueGene; WilkisonDavid; MarcellaJeanne; AuclairClaudine; OchsLeo; FrenchJames; LevyMichael; LetourneauJeffrey Subject: FW: Code 5461 Hiller/FW: 9020 Gulf Shore Drive 3 .1 0 nrurrnissioner Hiller: Update Jeff Letourneau, Manager Of investigations for Code Enforcement, advised the tour 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 HV;1i Permit (PRHV20151031301),and filed an SIP (PRBD20150930039) for a parking reduction. Lode Enforcement cases remain open and staff will continue to monitor the permits. 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; WrightJeff; AuclairClaudine; Ochsleo; FrenchJames; 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, PRBI)20150724794, PRBD20150724795,and PRBD20150724797). 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 endeavor. Mr. Marques said that three more permits will be submitted soon. Continuing to monitor and will keep you updated. On behalfotJeff Wright, Director CMI) 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 AN: 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, 1""1 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: HiilerGeorgia 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. rTh 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: HiilerGeorgia Cc: Vliet)ohn; 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 5 Chris Ambach recorded one noise 5"{ 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 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 z ightpc olliergo v.net> To: "Vande rbiltbea ch54@ vahoo.c om" (Vanda rbiltbea ch54P vahoo.c om> Subject :9020 Gulf Shore Drive This messag e is intende d for Jackie Bamme I,VBRA Directo r. Dear Ms. Barnme Please see attache d,and feel free to contact me if you need anythin g else. T hank you, 7 „;;:.„ Jeff Jeff Wright Directo r Collier County Code Enforce ment Division Growth Ma nag ement Depart ment 2800 North Horses hoe Drive Naples, Florida 34104 239- 252- 5066 e-: bI • sez, ,t(k Ci' 'Iv ward\ ieleFseinsproqt.:F. por4i,..,ecords sent,s!eel.o-ric Ti .ntrt• sliad 'c.n' ,this O IC17.,., ,?lephone 8 10 ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE WOODWARD, PIRES & LOMBARDO, P.A. EsT.1971 ATTORNEYS AT LAW September 27, 2016 CRAIG R WOODWARD Beard Certified:Real Estate MARK J.WOODWARD Honorable Donna Fiala VIA EMAIL Brwdcerrified:Ra'EsnQ Board of County Commissioners ANTHONY P.PIRES,JR Collier County, Florida acaraa Ceinfiethcrri C/O Michael Bosi, AICP 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO BaNaples, Florida 34104 Board Cabbed:MLrriol p and Family Law Re: OCTOBER 11, 2016 CONSIDERATION OF THE REQUEST FOR CHANGE OF HEARING DATE CATHRINEA.HUNTER 1L2aL(Taxiuon) APPEAL PL20160001347 (the "Residents' Appeal") relating to BCC directed Re- evaluation and Re-issuance of Administrative Parking Reduction, APR- JENNIFER L DEVRIES PL20150001922; Beach Box Café, 9002 Gulf Shore Drive; Collier County, Florida, Folio Number 79122440003 ("Beach Box Cafe"/'Beach Box Café Property"), issued JENNIFER M. TENNEY May 18, 2016 but dated May 18, 2015 (the"APR Re-Issuance") LENORE T. BRAKEFIELD AND MATTHEW P.FLORES APPEAL PL20160002324 (the "'Vaguna Appeal", filed on or about September 7, JOSEPH M.COLEMAN 2016) 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"/"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. RE PLY TO: Respec r Lfl1-.-= Zi 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES.FL 34103411Pluide 239-649-6555 / 239-649-7342 FAX U 606 BALD EAGLE DRIVE ��(/► SUITE 500 t O 7.40.91.: , Jr. Esq. P.O.BOX ONE MARCO ISLAND,FL 34146 239-394-5161 239-642-6402 FAX APP/lg WWW.WPL-LEGAL.COM Cc w/Encl.: Heidi Ashton-Cicko, Esq., Commissioner Donna Fiala; Leo Ochs, Jr. 1 0 ATTACHMENT TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 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. El A D Brian Cross,Esq. Shareholder and Managing Partner Goede,Adamczyk, DeBoest&Cross, PLLC 8950 Fontana Del Sol Way, First Floor, Naples, Florida 34109 Phone: 239-331-5100/Fax: 239-260-7677 Email: BCross@gadclaw.com Our Offices: Naples/ Fort Myers/Coral Gables/ Boca Raton 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.netl 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, I C� 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. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-lecial.com ,fit r Firm Website: www.wpl-leoal.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. Undrr ri d a jdresse.,,�r Fiuf ar, oa 1s i{y43 n ,var t y u= 1tf� rrJc< <. r;.<, r� _;,y i r. .1s dc rl�.clrr r is r�;tsl t 111:s�;nt ty Insteid 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.iqm2.com/Citizens/Detail_Meeting.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.] Tony 10 ., ATTACHMENT TO OBJECTION TO ITEM 10 .0 REQUEST FOR CHANGE OF HEARING DATE 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. (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. about:blank 6/15/2016 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 divisiti 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. about:blank 6/15/2016 n J� •",moi ,,,, 0��12,�,��� 2s rT'�a *". \ n 1, n0 Jam, �r N P. ti ORDINANCE NO. 2010-29 ; :',,,\r'�\ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS (3F —c. - `0E 6z9Z0Z LLIER 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 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." 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 Page 2 of 4 r 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 1CC 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.,B> 9CK, CLERK COLLIER COUNTY, FLORIDA �N1*• .1111 (A). 61.- JICL By: V .4'.-4.'....',.. C By: :1 : It tit/Clerk FRED W. COYLE, CHAIRMAN r Approved/it to foriti and 1 iI'al s r iency: hipi: Jeffre f• . r,atzkow Coun A .�' ey This ordinance filed with the cry of t te's it,5h��eD W 0 and ocknowledg m . • at fil 4. . ° daY Page 4 of 4 5� Y 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 ax►t7X: Q.,,kerk Ex-officio to aoril"of. - County Commisiibxdrs 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 (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. ATTEI? , �'� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: list '!/••t triti6eNty Clerk FRED W. COYLE, CHA AN Appro -d as to form and legal s iftci y �►j Jeffrey •v County • o Page 2 of 2 1U ATTACHMENT TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE 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 Agenda I:em No. 17G lOB July 27, 2010 Page 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 4 ' Agenda Item No. 17G 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 to adopt an Ordinance entitled Collier County Public Parks and Beath 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. Meeting Date: 7;27/2010 9:00:00 AM Prepared By Tana Nelson Administrative Assistant,Senior Date Public Services Division Parks&Recreation 7/212010 9:44:24 AM Approved By Jeff Ktatzkow County Attorney Date 7114./2010 3:44 PM Approved By Maria Ramsey Administrator-Public Services Date Public Services Division Public Services Division 7/14'2010 4:34 PM ,•"'"•\ Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 7/14/2010 4.42 PM Approved By Barry Williams Director-Parks&Recreation Date Public Services Division Parks&Recreation 7/15/2010 8:13 AM Approved By OMB Coordinator Date County Manager's Office Office or Maradement&Budget 7/1512010 10:15 AM Approved By Sherry Pryor Management/Budget Analyst,Senior Date Office of Management& Budget Office of Management 8.Budget 7.15/2010 12:40 PM Approved By Leo E. Ochs,Jr. County Manager Date County Managers Office County Managers Office 7)1812010 4:22 PM Agenda Item ,741 July 27. 1 v Page 4 c 10 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 - ; 1 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 10 40 \, Agenda Item No. 17G July 27, 2010 Page 5 of 10 .0—N (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: ,,0V1/, �i►.A. Jeffr , . . ,:tzkow Coun ► Attf tey Page 2 of 2 Agenda Item No. 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 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." Page 1 of 4 0 U Agenda Item 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 0 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 17G, July 27, 2010 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 ffi iency: if...iff inViiilat Jeffre 'R . ,,:tzkow Count E• • , ey Page 4 of 4 1 0i Agenda Item No. 17G July 27, 2010 Page 10 of 10 • 20D • 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 APPUCABILFFY; PROVIDING FOR IMITATIONS 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 file 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 organization 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 graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks poor 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 will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deptart- ment located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA FRED COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Pulaski,Deputy Clerk (SEAL) June 6 7010 Nn1B5622t ATTACHMENT _Fs TO OBJECTION TO ITEM 10. 0 REQUEST FOR CHANGE OF HEARING DATE 3 09371 3460 RDD in 1484 HPICIAL RECORDS Of LOLL IR C RIC , 12/10/200 at 11:22AB DBICBT I. BAOCI, CLU& Liy RIC PBB 208.50 �\ COPIES 46.00 Retn: am?! ; BOARD This Instrument Was Prepared By, MEM! 4T1 !Enna Record and Return To: 1171210 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 (RESON®I AMENDMENT OP RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of NkNO.,Aer , 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 131,018'2, Coral 11Ykget'- Collier Properties, Inc. ("Grantor") executed and,dellAVered a Quit-Cls Deed (the "Deed") by which Grantor conveyed to the/Colin y--the,parcel of land 'described in Exhibit "A" attached hereto ("Beach( AGces4-=6j,te"j. the Deed was recorded in Official Records Book 966, page � i i ., orris of Collier County, toFlorida. Pursuant ttI}0 e s \t` �D ' ke Beach Access Site was conveyed to and accepzed'b�telC utk¢y t to certain restrictions, reservations and prot'Wc y,i _AidmilaiA,k4et . .nrth , n the Deed, including without limitation the\,festrictions, res*vatIonsaid protective covenants contained in the Decl )twion of Restri.4 ,iotas%acrd Protective Covenants attached to the Deed as.�ibit "A" theretOjChe "Declaration") , which Declaration was recorded\it#.•Official Recor5,L5\B' ok 966, page 1866, in the Public Records of Collier'Gcs'i�nkSr, F_lorirlalt`* On April 19, 2002, the County-#3ted 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 I 0 :14 For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal �1 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 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 a equivalent to that of the Ritz- Carlton Garage; however, a44.1,3,itir maximum number of parking spaces exceed 350. SimultaLisly with 1.befOonstruction of the Parking Garage, the County si)ali-/also, at its s'01.e ',expense, construct and maintain a trellis-like strucctYe._oi_the_top level of the Parking Garage equal in quality and similaid`ii"-app aranc'e to hhat, of the trellis on the top level of the Ritz,-Ca pa pCmmncing any construction relating to the Parking 9¢, the o t 1, submit to WCI, for WCI's approval, which approv�� qt,be 'iinre s na'bl , withheld, all plans, including the design;P3a api 'and.=1ight-iig.; or the Parking Garage and trellis. Within` 3. reasonable tim4, after' x ceipt of the County's proposed plans for the,8arking Garage, -*I shall review said plans and shall notify the County4x writing of WCrJs;VYoval or disapproval of said plans; if WCI disapp, er said plans, -04 ,ahall notify the County of the reasons for such disapp val-and.sha l\suggest revisions to the plans which may lead the plans to'bia¢edp$iia e-'to WCI. WCI may not withhold consent to any proposed design plans—en-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 acknowledges OR: 3460 PG: 1486 1 () p and agrees that neither WCI nor any employee or agent of WCI has made any v 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 1 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 B Svr •• Florida 34134 .' .: - ings i:t ephone: 23• : 8213 1 L elecopier: 239 .98-:277 / With copy to: / Vit` • n= Wea r, M'llSr, Weissler, Alhadeff "•"'""*. 1 I( 41 E-s la • t eet a da Ov� �.. Attn: Lawre ,,a J1. ax.-in, Esq. r Telephone: 3/ 00 4\ e\leco ier: :f9-./ A?,,2089 v1 In the case of j the County: Cb11d,4" Attn: MUT & 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 - 8th 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 $ys1224.4— ArA �, Print Na ctfz." Is (-kr •_' .� Print \ ATTEST:- HT'B 43RC - 0 , •IJNT*, a political �\ N 4+� s,;••i s oa,of the State of By' 'Jf'o , fq• t • ��;2� • yNx Clerk Shit"'�"�Yf By: signature billy; ` `— NNING, Chairman ' y: j�11. C 1(Z, 11.18-03 Two witnesses: ~_ HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: App ed as to fort le el sufficiency As. County Attorney Ellen T. Chad ell 1 OR: 3460 PG: 1488 i 0 r' STATE OF FLORIDA COUNTY OF OWATEBn The oregoing instrument was acknowledged before me this 3__ day of , 2003, by &_0(0Q. , as cf WCI COMMUNITIES, INC., a Delaware co ration, on behalf of the corporation. .SC/she is personally know to me or has produced as identification. Ii14 Prited Name t S .-N Notary Public Serial Number (if any) : Ri(o,n My Commission Expires: (NOTARY SEAL) J.0 KAREN00CH Cf ; wary Public.Mob aFlorldi STATE OF FLORIDA rte:- My° s 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. , /(..../ Printed N : / i' c--- lio2_ bl i l 'dial umber (i' any) : i1 / �� C xp�res: ,: . - - LY S %y! I:\w•re\36190\005\And ResCov`ti�C,2Sp0� doc ^"�� 10/26/03 ,N,\ 1. �� I '\I \ ,// j \ f�\ i ,fit ~.- j I-11: C'tl�L A. VCI LEGAL Fax Nov 18 2003 15:10 P.05 3 OR: 3460 PG: 1489 Any party hereto may, from time to tile, 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 terns 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 WHEREDP, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMONIT -8, Delaware co- -rat -• Alf • •t N :�:I3TaFI•sTm�,. 1 Pr n•(rFi ^R' 73r.`�lL" 1. 1, _ O):/( t I` 9\ • at :1,_• If r►r. / 'a" ) • -- T\ _ AITE$Tr B. 11;.` ,, e -' -i. • he i L1 At. `- •_ rte"' \:- / 1 / • r , • •i INTA �' t :Attest. et WOW , _- ay: signONlx -...ti• ' \r TOM KENNING, Cha •• 3 Two Witnesses: q): n Z�" `ware limited li w 1>:. Adilli *NI Z•'" - By: l .U Print are: - 11 &ken mPr t Name: rQ/!T£N � Its 1 a O A CL �� . Print Nai : 1W)Yi1 '-M nrv,a r\ - - VCI LEGAL Fax:239-498-8217 Nov 18 2003 15:11 P.06 OR: 3460 PG: 1490 1 0 _:ria j STAIR OF FLORIDA IAA- COUNTY OF OORENBUR The Foregoing Eby rument vas owledged before me this I flay of ' , 2003, �e.bil ,_ as of NCI CUNITIES, INC., a Delaware co oration, on behalf of the corporation. .11B/she isjersoaallY kunim to me or has produced as identification. I 1 Pri ted Name ,. fCYX '1 Notary Public Serial Number (if any) : ibRI6A1. My Commission Expires: (NOTARY SEAL) Nola�LSOOINS of neat �_l' IN none. l mOm eWI$SA, STATE OF FLORIDA , Coss. DD1MM1 COUNTY OF COLLIER The foregoing instrumppt was agpowledged bato me this ! day of t'M a tuber, 2003, by r0+ i t hl'An . as ve(e PS�Ajr1f of HNC OP BNC LLC, a Delaware limit li $� an if of the company. Ne/aha is personally . a ev,.4) has produced :tification.rr / •ri;.l Na,. . i:._oai r Notary •1 - .• '7 N...0 i A4). '„ . ,, 1 rj c. fikilliur V 1 , 1 : .4:i riper �q6d- WCaY nczoo3. ✓': NOTARY PUBUC '� 1E e F D ^`. **P My Commission s�1pn 06 •"4.17,:•-..,,.,,,,,, _c.-.0 Ai in. OR: 3460 PG: 1491 4 ' SENTLAWITApREEMENT 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-Canton"). 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 prot& ch Acces .t)i a quit claim deed("Deed")which was subject to a Declaration Oe ;;. i5Tts ndP QLtec e Co ----nan�s("Deed Restrictions"). A copy of the Deed and Deed Res •• do azt, 10 �"r 'A." 2. On April 19, t I , .1...',..,.. a .: i uit court in Collier County, -. Florida, styled Collier County t. WCI Communitie hc:itl.),/, o. 02-1562-CA ("Litigation") i seeking: (1) a declaratory judgm ,kMnLgihe Courtl bh allegations of the invalidity and 2:/[117"--c31) -7' ii ( >> -7' unenforceability of the Deed Restrictions oft`dre-B ad 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- . 0 4-) OR: 3460 PG: 1492 M 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-.of-.the foregoing Recitals, the mutual promises \\; co( contained in this Agreement,and 'and valuabie,tceration,the receipt and sufficiency I �` of which are hereby conclusively a growiedged_._z_the parties heretd�,stipulate and agree as follows: l 1. Recitals. Th p.: 1# j • IV v. * tals',are true and correct and are incorporated herein by this rife -4,..1h 1 ' ,.7', , 2. Amendment o#iRestrictions. Theuvty -y agrees that it is bound by the f_ `Lys. L.„. \\ Deed Restrictions which are the s e Libra 1 ltaneously upon execution of this �'--_ f 1 f_ (. i1 Agreement,the County,WCI and Host shin 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- OR: 3460 PG: 1493 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 he subject to the prior review and written approval of WCI. which approvaliwill-not be unreasonably withheld.The parties hereto - \_\-,R Col-.---,,\ ` acknowledge that the County ParkingG �ge,wiliexcee.�tie ittl r.area(square footage)of the Ritz-Carlton Garage,and nothing contained here ` in srli ll hoconstrued as linnitin$he building area of the County Parking i I Garage to an area equivalent to/that/0 ..- i t: 4 Es.: - .-• +. -'\,er, ee maximum number of parking spaces in the County Parking Claxag sk all v.r dxc 0. 4. No Additional,P-asking on Site. The C' ny iigy.q.sipat there shall be no additional N\ / 1 ! parking spaces (beyond the maxi t umber of 350)ev,er,tructed on the Beach Access Site, 16- and that no additions to the County p r1 gar*g4 tall e made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure of Parkin&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- i 0 OR: 3460 PG: 1494 P=s after CIosing Time during limited special events,such as the annual Fourth of July celebration. The 1 number of these special events shall not exceed six per calendar year. The County's written notice to Ritz-Carlton seeking Ritz-Canton'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 he unreasonably withheld, Ritz-Carlton shall be granted a license/permit to use the County parking- garage arkinggarage after Closing Time for valet parking for Ritz-Canton'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 %car, ori 00 per event, whichever is more. Under no circumstances will is 00. e nu be\,of special events for which the Ritz-Carlton may use the ar • j .t: a "1 % % ' h not exceed twenty-five per calendar year. Ritz-Carlto s., - '�"r•• C•••.. . s i g the County's prior written consent for use of the County'• 'ng garage after C T. ;shall be sent to: Marla Ramsey, Director of Parks and Recreati ,�, Santa B ulevard, Naples, Florida, 34116. �. ii!- (1021,- Simultaneously 1\ — Simultaneously upon execution of this Agr emmnt;Rift-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. WCI makes no representations or 11 C OR: 3460 PG: 1495 warranties on the prospects or likelihood of the County obtaining any permits, variances,or other I 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 be 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 Agreement. There are no other agreements,promises or undertakings between- or etweenor among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this Afgreement._No alterations, changes, modifications or tf R COST amendments shall be made to this A)n1excePfI tin ,and signed by WCI and the County. 10. Dismissal of Li 1¢a - IIS'lmultan�ousl ; pon eecuon of this Agreement,WCI and the County shall execute an file • • , . I o i ` t T.!eju lice of the pending Litigation 1. _, in the form attached hereto •'�.eir.., l v ; 11. Survival of Te , 1 terms,conditioi i i t6bligations set forth herein shall l survive execution of the Deed Re . oto , as amen. ., - : 0 ; OR: 3460 PG: 1496 WCI COMMUNITIES,INC., a Delaware corporation By: / ..1 411. IN- Name: L(! 1 . - - - Its: . ATTEST: DWIGHT E.BROCK,Clerk BOARD OF COUNTY CONLMISSIONERS OF COI.i.1FR COUNTY,FLORIDA By: ,Deputy Clerk TOM HENNING,Chairman // , � / _ \\ HMC OP BN LLC, a Delaw a 1' 'te' . -� v : SES: liability company (.., ei Va, . '1.- _-.i.: T. . ,‘_ , - ... \5' \ 1- Zt• ' : (VilINA.\W.- -11t,i.-mi-A-42 --7."‘: f • Name:(,4 ? rt Lim y� t, 1,,Q, ,,, -2.41-...) 0444 B (23 /llri/ „,..__ '.ik 1 fi."4, . . ‘, \\ rJ Its: Name: Cr,;. . A M.'�r„ ` -,(11 11.' C1 i��� ve- ' THE RITZ-CARLTON HOTEL COMPANY, WITNESSES: L.L.C. /9A4.4,' g/72' Print Name: R4-4\64:41- R- tifii r41t4‘_ I( ILA �//1/.// ' Print Name: ' By: 4.,....„---- Namh R. RehmanIts: ive Vice President & Chief Financial Officer -6- '—N A=to f al sufflcieenncy a4 Stant County Attorney Alae T. Chadwll �, Dttl 332 .xc' APR is 3 ir -- i OR BOCK PAGE C =NTT RECOROEO QUIT-CL/CA N Di ED • This Quit-Claim fid, executed this 12th day of April, 1982. by CORAL RIDGE-u"')CL IER PROPERTIES, INC., a Florida corporation hereinafter referred to as GRANTOR, to COLLIER COUNTY, a political subdivision of the State of Florida whose postoffice address is Collier County Government Coeplex, Naples, Florida 33942 hereinafter referred to as GRANTEE; (Wherever used herein the terms 'GRANTOR' and 'GRANTEE' shall include singular and plural, heirs, legal representatives, and assigns of the individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) W ITNES&-Th: That GRANTOR, as a gift and in fulfillment of its obligations under the Pelican Bay PUD Ordinance (Collier County Ordinance No. 77-18, as amended) and the U.S. Army Corps of Engineers Qa • 1..91 7M-02i (November 18, 1981), as sa recorded in Official Record i.:. 824 throuoh 1824. inclusive, of the Public Records of Co . s hereby remise, release arm: quit-claim unto GRACE= ji. ,. right, title, s'., claim and deoan. which GRANTOR has in and ' (( eilowing describe. , tece or parcel of land, situate, lying and eirlg' n the County of Collier, Sta of Florida, to--r :: \ - A portion of Secti•r. -, hip 48'SIu h, Ra 25\East, Collier Convey, State of Fi4rid- as mo •icular desc ibed\ on Exhibit 'A' ^' Schedule 'A"; a� , -Ni 77; ` Subject to: r �� .r 1) Taxes an as - ent v� ubs) t .yawl; 0�, _ 2J That ce ... •.. ARAE • OF = I ,i, ear Mk • OTECTIYE - ('RE SSRI CTIO ') t tached - rt l e f''A'. hereto and e a a h ..of as Sc'edule A . _ 3 The reser r ht of GRANTCR to L u�~ cs�^'-in fill activitits as Ori' permitted 4n t ee-U. Army Carps of a' _ de, Permit No. 25x-0282 0 (Nee .ber 18, 198 . (-, Irell 4-1 4.) The reserved righ, o, tp A •ct a one-hundred twenty (120) parking space facility, rhe ;'•Aad of Pelican Bay PUD Ordinance Section 13.5(D.) (Collier' County Ordinance No. 77-18, as wended), rr including but not limited to such construction-related activities as site preparation, paving, drainage, curbing and landscaping, .a 5) An Easement reserved to GRANTOR and the PELICAN BAY IMPROVEMENT DISTRICT (P.B.I.D.), Its successors and assigns. to construct, operate, maintain, repair. replace or rebuild drainage structures and water anc sewer utilities in, over. on and above the property, with the right cf ingress and egress. GRANTOR or P.B.I.D. shall repair and/or replace any area which it may disturb, damage or destroy in the construction, operation or saintenance of said drainage strtmtures and water and sewer utilities. - 15.) An Easement reserved to GRANTOR and the PELICAN BAY IMPROVEMENT DISTRICT (P.5.I.0.), its successors and assigns, for that parcel of land as Yore particularly described in Exhibit ''3' to Schedule 'A', attached hereto and made a part hereof, for the operation and malnteAance of•rater.: . management'purposes...-11:'-., //�� WDA _ .---.-, vi This instrument prepared by: This document accepted by the BCC on E April 13, 1952. _ ',�� F " st 7 Peter Q Hecht - �v� . 5w Pel'.c- Bey Blvd. BY: . 41 `h Naples, FLY, Mac- 23940 . -. +aFj i i RECORDER'S MEMO: Eegibility of writing, typing or printinY a 1 - �') unsatisfactory in this document Page or 2. _ when received. - ( 'of iZ ,. . f; - 0 0 0 9 6 5 0 0 i 5 6 5 I 0 ‘" DR BOOK FAG • •IF 'AT 'A1t7'TIMr. :i ?Mal. Frr:,+a:6ED -ii ExEI ;T `A' IS USED :OR DT HER THAW. PML IC eEACH ACC:SS PURPOSES, TriE PAR=-L SMALL AUTOMATICALLY REYERT TO SRAKTOR. TO MAYS MD TO HOLD Pia SNIE together with all and singular the - aCpurtenemes thereunto belonging or in anywise appertaining, and all the estate. right, title, interest, lien, equity and claim whatsoever of MAKTOR, either in law or equity, to the only proper use. benefit and behoof of LAKTEE - forever. • IN KIT7tESS 'HE3:OF. CORAL RIDGE-COLLIER PROPERTIES, INC., a Florida • corporation, has signed and sealed these presents toe day and year first above wri tten. Signed, sealed are delivered •.— in the ores-ere! cf: CORAL RIDGE-rDL:.IE•c'ERJ.. Orsa-------D7r ...:-.17.-c—.A2- - BY: <41;;;i;1" : .r. t Ross P. Obley, Presicen: ' 0.,. __ —'---_ jj(.1i . Louis n: ►foegs:ea, Ass.,-ae~: (... ),,--------- ,./--"•\\ STATE OF FLO .OAOF C7.i)'.;.`fT:' LiE ) Vim . . C \ � I HESi3Yf I. ..10 l� •- pan o',fficer duly authorized in the State jafo d in t - t,un y. - maidito take a:.knowied ants, personallyi ao• d OS. P. 0: , \ sid¢rtt , cf Coral Ridge-CallO Ridge-tallier Properties,: 1, n b"the n descri bed in are who execute? MP - the forso0i119.;1 strnsent an he ac.tw e:_ be. roe that he exec:::ed the sane. , .,. J' w WITNESS m • ar.d official seal' i, .1, Chow y and State last af�.�'e d.,, rn this 13th day , 1982. __ ._ _ _ '/ ,� v." Q . L C 11. Lam- r-' =% c? .` ---Yc'_ary Poe f'C -'• p ." . My Cis on _zoites: 00 . W.:IA0 Pte.:IC SAIF 5..:3A Ai LAR}.:.. M•.CMM1551UN Exr'1LS` ocv.:c 1,55 y.".al.4 rr.R:;c7No.A1 ad.V.�•r.I.t:.z / - I k '�+D. I hp �E`vr . v 2O v RECORDER'S MEMO: Legibility 1 • S ?ni- t...,,....,..... , • • of writing, typing or printirik j 1 ;' unsatisfactory in this document i when received. ;,,c : _. _.. - 1 Sam. 0 :: .ar 1.... m s• ......"*",..- .m.--",:,.,.. ,.. .. ....... 1111511121131K 000956 OO1868 n CR BOOK PAGEE DECLARATION OF RE.cin:C IDitS AND PROTECT:YE COYE.'fi.1 - FOR A P3 TIdlt OF SECTION 32, TOWNSHIP 48 SOUTH, RANuE 25 EAST, COLLIER cowry. FLORIDA This Declaration of Restrictions and Protective Covenants made this 12th day of Agri 7, 1982, by 'MRAL RIDGE-CDLLiER PROPERTIES, ac., a Florida corporation. • W I T N EE S S E T H : idiEREAS, CORAL RIDGE-COLLIER PROPERTIES INC. a Florida corporation, presently, having its principal place of business in Collier County. Florida, the record owner cf the ?t1BLTC BEACH AC=SS SITE as described in ARTICLE I of this Declaration, desires to create L quality -development with restrictions, covenants. servitudes, Ioositior.:, easements, charges and liens as hereinaffterein.ter set forth for the preservation of the property values cf the NOl_ THMEFORE, CORAL RIDE=-C3LL:a PRVER7IES INC_ declares that Pt Lir SEA.'t AC:.cSS SITE or any portion trereof as described in ATI 1 I Declaration shah be heidn of this the restrictions, covens s\ {tnikg •kms conveyed and otc_^,,ed surer_: to y=am `l 3 [-i'-'1V; OnS, ease�e.^,ts, C1L eS and t liens here i na':.e- set �-!2 `-•' r \ rO7_ The al per �f� subject to th s JDL.' N O, RES- :71010 :..RD wYEVOTS that real QQ ""`' hereto and wade / pa le;-e property desc. bad tan Exhibit "A', attached ic, The fol?a+r (,+{ r f !,, f O aeani ngs: 1 1 Am' De= a 'oriA; have the ;cx ng 7�7 1. "PUELIC\ _ '' W H ACCESS shat# a� Fort ion}?d'1 refer to a Pd. tor. of South, Ranee 25 EzlttLCbi Cauney, Florida, es more particularly des :.-habit `A !! 1 / attachedr�: 'asd Wade a par hereat. O LrV a 2. "DE;LARAH .7` TallE _acd refer--R i RIDGGE- LLI_q GPET: , 't7 in Collier County,da co�7oric7oV en`�y akin, .s prim ipel place of business G] Y. aT, f� 5u s s-Sn6 assiars of any or el of Its r`.chts under this Declaration,` __._ 3. "OWNER' shall Dean via and refer tc every person or persons or entity or entities who are the mord owner of a fee interest in PUBLIC H AZ- ACCESS v.C) SITE, their heirs, successa:-s, legal representatives or assigns. • ARTICLE II GENERAL RE5 ICi.DitS 1. (ISE RESTRICTIONS. a..) PUBLIC BEACH AC .S SITE easy only be used for the operation cf a public beech :cress site mad attendant facilities. irrciu9ing but not Mari• - �: Y �- to such facilities as parking. beach recreation. nature trails, obser+ra:i .a_id� areas, dune walkovers, beach sun shelters. restroans. and beach equ p=ert storage.b--) That portion of PUBLIC BEACH cc �'t14' ?,:i.:1_ +v „ a described on Exhibit AL> 51-TE as wore particpl arly " _.. used for only �:tacir hereto and cads a par hereof so l be passive r'ecr'eational purposes, ir>`ludica but.not limited tr duneg. _ r walkovers, beach sun Shettars,._:rest:m s. ,and -'beach • ui Provided, however, public phi shall permitted equipment slow.-,c. cf D1!9iIC ?EACH ACCESS SITE as morenot K a perms ed use in that po-^ia ' particularly described on Exhibit _ • RECORDER'S MEMO: i_r��ihility 1 of writing, typing Or printirl:- SCHE7L � _•, ✓fel; i unsatisfactory in this document °=se ' cr t when received. ! i^ i i •J►rw.. lM y �..isSi. .e. - uirreee _ OJ1BS , 1 OR BOOR PAGE c.) No-building. ;tretore, facility'cr other improvement shall be placed ' • . in PUB'_IC BUCi ACCESS SITE unless and ent11 declarant has issued it: prier written &pBe eooapproval.dor nk ceneessions shall be oersittec without • DE LARAN i S prior written • d.) Vehicular access to tin parking lot at PUBLIC BEACH ACCESS SITE snail not exceed a single entrance and exit fres Vanderbilt Beech Reed (S.R. No. S_862) without D CLARANT'S prior written approval of a plan submitted by OWNER for additional recess. e.) All facilities, parting vets and transportation systees serving PI LIC BEACH AC:ELS SITE shall only be open and accessible to tee public thin one (I) hour after^snr e. All - during daylight hears and shell close within - nighttime uses shall be prohibited by OWNER except with the prior, written approval of DE CLARA1t1. f.) OWNER shall provide water management areas for the PUBLIC BEACH Aar cL SITE in accordance with the requirements of Pelican Bay leerevemeet District (P.S_I_D.). Surface water drainage and management, including but not . licit.ed to stone water storagecapacity, shallhConform tee tool the ; rzll water • management requirements o.tP.B.I.D. and o Y . 2_ BUILDING SETBACK LINES. S: OF BUILDING, S:iE RESTRICTIONS AND BUILDING eee-re ;,,\ a.) The min MAN;.\ 4i '"g ' strectere5 or parsing areas shall e be forty (40) 'Mee= the soutnern p '4tne and twenty (20) beet from the northern„end tern property lines. e/ b.) Bo/�buildi . er facility 1,t_ 21.IC 3' iACiFSS SITE shall a .ee 1000 square feet per/strsctu \ a c.) 1be 4 _t. e e �s, 1' a. bei structures shall be one-half 1l/2)t S. seem of th it I-l+Ls b r ss•than twenty (20) feet. ill d_) NNNNN1�����o00oo 5L��` i.e.4 :. any sR.K*r _.d twenty (20) feet in -- _ hei ht aba�C`Ttshed grade of the Ste. .. ti _ g `r C J 3. LA7dOSC�S>f I�ir,l '^- _ 1 . _• a-) All ` ton 1n PUBLIC BEACrt .VS/SITE shall be left in i_s native state. a er when removal of veietation is necessary, a plan , O shah tr ',ed t0 cr fez- its prior for such remcva tyyr _ ., e-fV D_ LARANI 4-11 written approval. "/ b.) All reasonable effo . -`>iSaif be taken tc retain the native veeetaticn V1..›,in areas surrounding all structures, walkways, facilities or paved areas 0 placed in PUBLIC BEACH ACCESS SITE. However, in those areas, other than paved O areas, where the native vegetation is r ued, OWNER shall relate a rre maintain such areas as landscaped areas- All landscaping shall, as closely as G,, • possible, approximate the native vegetation in the surrounding Zr .eaAll - landscaping shall be accempllshed in accordance with a plan approvec by DEC_ARA . r c.) Prior to caking are, change, variation or deviation frog the epprevee I =aster landscape plan, OWNER shall first obtain DECL)RANT'S written epprovai • of the change. variation or deviation. 4. VARDERBILT BEACH ROAD RIeHT-DF-WAY As required by Section 13.3(C) of the Pelican Ray PUD Ordinance, the --._ -----u ' northern seventeen and one-half (17-1/2) feet of PUHLIC BEACH ACCESS 51iTr..`_:�dr;,s'=I adjoining Vanderbilt Beach Road (S.R. No. 5-862) shall be reserred as •,; , right-of-vary for the possible. eventual foe.:lanint of Varderbilt Beaon Road"' II by Collier County. Upon demand by DECLARAh7, OWNER shall dedicate d;thei..0_ northern seventeen and one-half (l7-1/2) fee: to the topropriate governnental ¢-i ;';Y agency as a public right-of-way. + r'F. -�- DECLARAKT4110 ' shall develop a portion of. PUBeIC EEAZe --S S:TE . crov ce a RECORDER'S MEMO Legibility "` i ` '�" o typing of i.; i i'2 ..x'",, of writing,,, tYP unsatisfactory in this document ''>= 2 d _ when received. - 000250 01803 OR BOO PAGE ci:tsar of one-hundred twenty (120) parting spaces for the purposes of public beach access. OWNER shall be responsible for the operat:cn and maintenance of said partini scat There shell be no overnight partirg permitted in PUBLIC aE...-N ACC-aSo SITE. fi_ PtAIS. SPECIFICATIONS MD LOCATIONS OF STRUCTURES. a.) lto structure or facility shall be commenced, erected. improved cr altered, nor shall arra 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 undertaken without the prior written approval of D En._ARAM. b.) OWNERshall, prior to the co=encament of any construction in PUBLIC BEACH AC,'`.ES" S SITE. submit in sequence to DECLARANT the followinc materials: (I) a `preliminary corcept' 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 document's sufficient and definitive in detail so that there can be deter ined the character, exterior appear:me. exterior materials and colors, and the quality and kind of building and landscape materials proposed; and (111) 'construction plans and specification' which shall be a true extension, of the preliminary, concept plans and design proposals. DE:,.ARA1r shall, in writing, after receipt of each required submittal, approve, approve sussest-_~c required changes, or erect such pians, proposals and spe>falra s(a suWi teed to it as required above. Failure to obtain +hi eia1a j X137 , C of all such plans, proposals and specificatias;vv„prior to ta.h -mac n rent of any - "ructton shall be deed a F ka-i" breach hereof and' CyARATT shall then have the right, in addition to'arfriaiher right permitted by aw or‘,. in equity, to proceed in the courts e.-1'2/r e--mandatory injunc:io rehiring any construction done without skit w4iti prove-".-:e--be torn d wn dr removed forthwith at OWNER'S expensq'. / ,j- _ c.) the approval, ret cti ` c :i hid ng f e p rby D'f-CI ZANT ` o` the plans, proposals a.-.... so , If a ns a 1 io , . ail! structures, and every alteration of a pt 1 n t� ,stru_ c iatb i-eted as O a representation or de_e na#4o DEL- I any r4r4- inga, pl:rbIng, electrical code or other riCabie gover:mentai re lations Cr't?';Jirsolents •- have cr have not bean proper'rj'aiet by the OWNER. Olini, shail pe.,,tsponsibie for chaining all rte--essary\\t orbital data and to tilitir appl/i-*a•'bibn to and obtain the zoprorai of Lellie`5lOo y, Pelican Bay ! o'ru4kert-7(,Strict and ... c" a-y other- approp-iate goveraaen�-3l , ties prier to comseoe' 'ry cf any work .o or construction. \' .,/ ,',.--....,_ l -iiia __ \_ , b d.) DECLARANT shall have nc dulyri,efe oni- trill\i. .. o. �l 1 ati I i ty to any +n C'iHZ or to any oth person Mhaasoever- i-n.,xes t.-te—the exercise of its e rights or the failure to exercise its rights. DECLARANT may reject plans, �.a proposals and specifications based on any grounds or reasor. whatsoever, " (C.T irciuding purely aesthetic grounds. in its sole and absolute discretion. fJ CE ARANT'S decision to approve. reject or withhold its approval of such work - s""' may, in the sole exercise of its discretion, be based upon: (i) the harmony -• `\ • of its exterior design, color and location to elation to, and its effect • upon., surrounding stru' ores, vegetation, tgography, and the overall community design, (ii) the character of the exterior materials, (III) the .. • planned quality of the exterior woriraanship. (iv) DECLARANT'S design and construction standards, (v) the Generaluevelopmert Plan, or (vi) any other material and relevant factors. - 7. r RIDR COLORS AND MATERIALS. _ Ito exterior colors or materials on any structure or facility shall be permitted that, in the sole juogment of DECLARANT, would be inharmonious or • • discordant or Incongruous with the Pelican Bay community or the PUBLIC BEACH ACS S SITE. Any future exterior color or material changes desired by OWI 1 �' must be first approved by DECIARAKT in writing. 3. P.:C. N^_ per `4O cats, dogs or other dmresticated animals shall be p !oLit v'"`ii e {`�Pt.B :C BEACH ACCESS SITE. n ti 0 nU�N : ri r Na _ RECORDER'S MEMO: Legibility r • = { writing, typing or Printing ? , i • ansaticfn::tory in this document 3c;t3u`: , o,,.. 3 0f X i • when received. _ ICC C : OR BOOK ?:.GE • S. FACTORY BUILT STRUCTURES. No structure or facility of any kind cf what Is commonly ly known as `factory built', "nodular', or 'mobile home' type construction shall be erected In ." - PUBLIC BEACH ACCESS SITE without the prior written permission of DECLARANT 10. UNDERGROUND UTILITT LINES. All electric, telephone. gas and other utility lines must be Installed undergound, unless prohibited by law. 11. A%TENItAS AND FLAGPOLES. • No outside antennas, antenna poles, antenna masts, electronic devices, antennas towers or citizen band (CB) or amateur band (ham) antennas shall be permitted except as approved by DECLARANT In writing. A flagpole(s) for _ display of the flag(s) of the United States,of America, State of Florida or • Collier County, Florida and such other flag(s) as are first approved in writing by DECLARANT shall he permitted. Provided, however, the design end location of the flagpole(s) must be first approved in writing by OEC:.ARAiT. An approved flagpole shall not be used as an antenna. 12. TEX?'JRABY AHD ACCESSORY STRUCTURES. Mo tents, trailer cao7nets nal vehicles (RY's) o- temocrary structures shall be .•rind' `- • '-ed, set-up cr remain overnice,` unless their sic • . tete and .' 'cation In tne PUBLIC BEACH ACCESS SITE haw . peen approved by OE.---.' - n writine. 15. OUTDOOR E 'IT!i-• All gar •e trash or ers in PUBLIC BEA. ACCESS SITE shall be plated and -air. ,,.a- i � .^ n rstaine , or some other ant-• a- .. d b 'r F pu cses of this section, exposed oil dr- or -cc, mi . - ai s all not be csrsice ed an O attractive a , I , bc;tl; _•as tpumps am s, sprinkler pis atai other such * . _ .s. • "•nde. ~ ' laced 1n sitht-screened Pa areas so tha rf�te, shall not be readil visiber�- J aua•e landscaping shall be Installed s wilt these facilities arid : .int in '. OWNER. n (..61 wimw `-' 14. AIR G77KL'Ii -.1., `_" — .. _. — C7N 441. L O All air condi: ' • is shah be e.14- .1Psi nd hi •• hidden s^ that they shat � ''.Enot be readily vis ,' ' . , units may be permitted only upon the prior written ... i, W,rdow air conditioning units .. shall not be permitted. -_.,_-__ call 15. SOLAR COLLECTORS. 7 N Solar collectors shall only be permitted at locations and on str.zctures as • . - are first approved in writing by DECLARANT. 16. SIGGHS. No signs, freestanding or otherwise installed, shall be erected or 1 . displayed in or on any land or structure, unless the placement, character, form, size, lighting and time of placement of such sign be first approved in writing by OECLARAXT. All sign: must also conform with governmental codes and reD gulations and with any master design plans for signs established by 17. WALLS, FENCES. PAYING AND OTHER STRUCTURES. ,,`r % ) " ' Ito walls, fences, shutters, walks, boardwalks, docks. savenera �• si :war, i r. miry? structures shall be constructed in PUBIdC SEAC:i ACCESS SITE until 1;s het .* • G !':`,-1'w F langih, type, design, composition. materials and locations shall here first i' 1. been approved in writing by DECLARANT. Any dispute as to heigh'• . h, f^�+ _ [ • type, design, composition or material shall he resolved by DEr• , w ,i, --t/. decision shall be final. Hurricane and sacra, shutters shall not be stat, - ^ ,: 7^ the exterior of any structure or facility. No._....70_13 - RECORDER'S MEMO: Legibility D� - of writing, typing or _ .i.1(.1 printiila -:'EDii__ ' unsatisfactory in this document when received, _. muloweticaillemamiammattliwommaareisaraegalil. . ..._ . . ....,. . no ,. a.__ u OR BOOK r,:GE • la. LIe tri c. _. - Ro exterior lighting of PUBLIC BEACH ACC:SS SITE siva;l be permitter. vit.heut DE.ARAKT'S prior written approval of a lighting plan sobaitted by OWNER. 19. KAINTEXANCE OF PREMISES. No refuse or unsightly objects shall be allowed to be placed or suffered to .reaaln in PUBLIC BEACH ACCESS SITE. Ail structures and facilities in PUBLIC BEACH ACAS SITE shall be kept in good. safe, clean, nett and attractive condition, and all structures and facilities shall be maintained in • a finished and attr..:ire condition. 20. WATER MAIIA6 ?(i AREAS. a.) No structure of any kind shall be constructed or erected, nor shall OWNER in any way change, alter. impede. revise or otherwise Interfere with the flaw and the volume of water. in any portion of any water management area reserved for, or intended by DECLARANT and the Pelican Bay I.cr•ovesent District (P.B.i.D.) to be reserved for drainage ways, sluiceways or for the adulation of runoff waters. as reflected In any plat or InstrL-nen: of record without the specific written permission cf DECL,RAKi and P.3.1.D. b.) OMR shall in no wa deny or prevent ingress and egress to such water management areas i en or lands ape pur;cses by DECLARANT, • P.3.I.0.. Pelican �>] « . tion, Inc. or any arorrcpriate governmental age -.4 re E l ire any right of ingress and • ecress, and eases refore are here y s ie1. scally reserved and created. c.) PCB 'C B'H ACCESS S:TE shall not .- int eased in site from within or outside P I BEAC.P. r=7s IT- wit:o the prior written consent of DECLARANT Pi % ar' Ical,y illing n aiQy water or retention and drainage a -as •n .4 h it s I a r '1 • fql, dike, rip-rap, block, divert orfha.-. a s �t : rntlon\and drainage areas that have been a- c.:..to b eA, 21. DEC' NT"- i'o.. 1 O DEC T 'a crane, withhold or r ny 11 PCB jts ?a its i or. or aper-va; In any -• instance rhe permisst^^ -- i W pe dor required without any liability of ter- a kind to Owl..' r�i ahyc ,,ccthes person for any reason whatsoever. an 7ry era.ssion or approve ied shell be birdie y upon all O persons. // �f ------._ / ray Tr. - c� JI {nx1 ,�= A. GENERAL. PROVIS/ONS fit✓ 1. RESERVED RIGHTS. W a.) DECLARANT reserves the right to conduct certain fill activities as - permitted in the U.S. Army Corps of Engineers Permit No. 79K-02E2 (November 18, 1981). as recorded 1n Official Records Book 966 . Page_ ls2a through 1 . ( inclusive. of the Public Records of Collier County, Florida. b.) DECLARAKT reserves the right to construct a one-hundred twenty (120) parting space facility in PLLBLIC BEACH ACCESS SITE, in satisfaction of Pelican - Bay PUD Ordinance Section 13.5(0.) (Collier County Ordinance No. 7:-18, as amended). including but not Merited to such construction-related activities as site preparation, paving. drainage, c:?-bine and landscapirr. c.) DECLARANT reserves an Easement for itself and for the PELICAN .BAY . IMPROVEMENT DISTRIC (P.3.1.0.), its successors and assigns. to construct;:_ _gip ~-,•_ .A operate. Maintain repair „'dDj: "dire replace or rebuild drainage structuresoriof” ' D CL ; ark sewer utilities 1n. ore r, on and above the property, with the right of"''. T..1_— ,- ingress and egress. n-RANTOR or P.8.I.D. shall repair and/or replace any urea i _ which It may distort., damage or destroy In the construction, Nov maintenance of said drainage structures and water and sewer utilities,a;i or — ?,:,j,;,..: - .• • f / . - RECORDER'S MEM :a_ _.�. --_-. ._:_i of writing, t rn•; or ,ge `- '' ( i:C� Yf� rrinrin: unsatisfactory in this document t when received. L ", . OC OR BOOK PAGE • d.) DECLARANT reserves an Easement far itself and for the BAY ry CAK 8 Y DK?ROMtENT DISTRICT (P.8.1.D.), its successors and assigns. for that parcel of Iend as Bare particularly described in Eshibit'•6`.• attached hereto and made a part hereof. for the operation and Maintenance of water management purposes. 2. PERMITS OWNER shall cmperate and assist DECLARANT, including becoming a joint applicant. in any permit application to any governmental bodies for the - purposes of facilitating public beach access. • 3. AiIKD>IEKT. DECL.RAKT way. in its sole discretion, modify, amend, waive or add to this Declaration or arty part thereof. The power of amendment, however. shall be limited to eadificatien or enlargement of existing covenants which shall net substantially irpair the general and uniform plan of develoement originally set forth herein. 4. WAIVER. Any waiver by DECLARANT of an Til�j'°.—�� , c his Declaration or breach hereof oust be in writing an•. se �•O r, rsted as a waiver of another provision or subse .:ata ' ---,` - �t r S. DECLARATION RUNS WITH r e l P. V?.r The covenants, co ,tic. , rests c ' . .,. E ther p -vis. ns under this Declaration shall run 'th he .,d b' the p erty thi PUBLIC BEACH" ACCESS SITE. :t is D. inter - •r 1 t ccnserand ;'alert the natural sou i - c =LIC BEACH ACCESS n SITE far the benefit of •re :nt - u f al property encumbered herein. a cse cf is , arati a a-ales and it is 0 DECLARANT'S intent in . 4 i. •se tctaratian be Pgi/ perpetual. r;, 6. RIGHT Or FIRST !Er '': �r. J/1 I cap If at any time OWNER I . fer to sell, lease. d6 �t^ime nt, exchange or O otherwise convey an .ir.• . gellu Ii -PEACH .ACC= ... l , or any portion, thereof, tc any person er , • ER sh._ s le otify DECLAAAItt in writing of the proposed trans icr4'_/]4� are the richt with n4-2 -- silty (60) days to accept the to tooth_ p .Z: transaction in its own name far the gross purchase price ar on--.he terms specifies in said tee' transaction. If DECLARAKT shall not so elect within the said period, Ci1NE, Lee may then sell or convey PUBLIC SEMI ACCESS SITE to buyer, provided the said C transaction is on the same terns and conditions and for the price set forth in '�' the proposed transaction sent to DEC-A ANT. • 7. Lca'ISLATIOK. OYKER shall not apply for dredge or fill permits in PUBLIC BEACH ACCESS — SITE from any gove:-rssental bodies. regardless of any future amendments 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 consent of DECLARANT, which consent nay be withheld in the sole and absolute discretion. of DEC1ARAKT. 8. ENFORMMEKI AND ASSIGNMENT. a.) DECLARANT reserves unto itself the rage.*., and the power, (i) to enforce the covenants. conditions, restrictions, and other provisions of this Declaration, and (11) to delegate or assign, either exclusively or nen-exclusively, any or all of its rights, powers. duties or privileges to any 0,_ `- . person or entity. DECLARANT shall be under no obligation to delegate or • assign any of its rights. powers. duties and privileges contained in this . Declaration to arty person or entity. 4IV b.) DECLARANT :hall have the right anc the power tc rr.':;re` ': �• * ?`-I" covenants, conditions. restrictions and other prorisiord tern bythis LL' : ','ECORUEi2'S MEMO: Legibility • _ writing, typing Or tnrintin S•C iZDULC i i=c, ? 0U 1 _Y ;F factory in this document ?age 6 of 7. . received, n.. . rte. 4R .S" PAGE Declaration by any proceeding at law or In equity against any person violating or at.esgting to violate any such provisions, to restrain .nv violation or attempted violation of such provisions. to reauire specific perforaance of _ such provisi=ns, to r aver damages for violations of such provisions. Failure by DECLARANT to enforce any of such provisions shall in n.r event be dammed a waiver of their right to do so thereafter, 4. Sc-VFRABIL?7. If any section, subsection, sentence, clause, phrase or portion of this D laration is, for any reason, held invalid or unconstitutional by any curt of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof. IN WITLESS WHEREOF, =AL EIDEE-COL:.IPROPERTIES, INC_, a Florida corporation, does hereby execute this DE�ARATIOK OF RETRICTIfrS MO PRCIIECTIVE COVENANTS in its name by its undersigned, authorized officers and affixes its corporate seal hereto, the day and year first above written. WITNESS: CORAL RIOG - TFR ?Rp T-�•� _» E, 7:1 (� ( / CFy •o �s • , �� --:- •' X V ''A I IV t '0/---_ sate• I v nT��-.1. ,e......-... Let-s rl. e;s.ed, Ilsst.,� �•�- � \ • tits.. STATE OF FLORIDA )/ ��` \ Cu^Ut{T1 OF t�JLLI ) 1 ,� T foregoing ins -int as a zn• ed VAaril, TSfiZ, by RQ $'"P .g -v �e S 13th dam.",o` 1„ ., a F1erI a co ,ya ion, or behalf of tKe Cad t_ , �rpc�T: O . pore ion // '�' M • M.Y C:,,, -i‹- t --o'res-- ..,'---- '--* - : ": 4"=° '' LIE v._ 1 1� .i' Mr r:cwwSstav WiasrCX 7:;PISan '-- 0,,.0:Tum " / ;Exit;Ira,uo:twts:tom .C' I—a LII Cha • • T .. _j • Li P4 %r f ��GCtR ���,{{{ NLr� wwwu.-.-! ... ilk - - - • DEC CC , l; t /''''''\RECORDER'S MEMO: Legibility of writing, typing or --`cHEpuL= )'P printins j / unsatisfactory in this document P`9e °r - when received, --- --- _ _ _ ' 0 C , • • • 000966 QO1Bi3 • OR BOOK PAGE LEGAL oLSCA.IPTzax * • .. All that part of Section 32, Township 48 South, Range 23 East, Collier County, Florida, being described as follows; Coam.-ming at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Flarita; thence &Iong the east line of said ion 32, North 000-38'-30` lest 3437.36 feet to the souther' , fitts �aa� �1a,ne of State Road 5-862(Yanderbil: Beach Road); l ` l J thane along said right-of -rth :•° ; , est 1133.38 feet to the POINT OF 8ESIIIIxg of !el herein descri• - -thence South 90-57' C' • „ go feet. thence North 8C0 E' e_ 7 ,� to t' Slk..ta to of Florida Depariaerst of Mat rai Resource' Co -1 Con trtcti• Co trnl Line (pe revised nap of re rd - , '. •, • T.unt Florida); „ter thence continue rh :• fir • ..•'fe o les to �`... High Yater Line t f of `"'t the hear. :hence nor hr+es:e.1, J r%' ter L 24 t store or less O to a point on sat• .-yalY to Road 5-862 7:3 ' (Vanderbilt Beach ant ; theme along said ,,,. -of-,ray line South ; -08' ZC' 200 feet core or less to the s 'i ,irri da Dena:trent a 'r r t sources Coastal rw ._� Construction Control _ thence continue along •utherly riant-of-wa hne- f said Sate Roac O " 3-862, South 800-08'-2 ;10_30 feet t -F :it of Beginning of the parcel herein descri -•-- 9 n9 "b CI subject to easements and restriction t � — V7 . C7 5 NOS - r AGENDA—2_, JNoJflf f 8 I DEC ` 12601 RECORDER'S MEMO: -'`BTT • ! U; J-�Pcibilit� r o{ writing, Page 1 of ! _=__:___— unsatisfactory ty�inn Or printinv when received. in this document --- ed. 1 0 :': '' _ 000363 D01814 OR BOOK PAGE • LERAL DESCRIPTION 4- All that part of Section 32, Township 48 South, Range Z5 East, Collier Courty, : Florida, being described as follows; • Camencing at the southeast corner of Section 32. Township 48 South, Range 25 East, Collier County, Florida; - theme along the east line of said Section 32, North 000-38'-5O1 West r 3437.06 feet to the southerly right-of-way line of State Road 5-8.62 (Vanderbilt Beach Road); thence along said right-of-way line North 800-08'-20• West 1671.11 feet to the POINT OF 13ESiKEI145 of the ease ent he.•ein described; • thence South 030-51'-38' Ea et.'{}rr�'� tlsrce Soutf: 090-19'-4_" t ,e, - L.`‘.?••,,\i thence South 040-29'-S' a .90 feet; • theme South 130-18' -. 16.92 feet; \ thence )forth 800-08'f2• st 165.27 feet; \ thence North 044-3 -35' Els: \ _ nc thence North 080-5 '-0r Weber 4 feet; , • thee Nor'-4 l h 090 9'- '' West 8.9 ' \ thence North 380- 5'- ; ' .7 `� ', theme North 090- i'- ' • t 1 �\ • theric a North 640 5' estCI theme North 220 i ',-,I .b thence Nerth 010- 7, 0 t 4•, ee.. ' ' thence North 210- West 31.78 feet; k / . ' trerce North 600- 77--•4.-' East 33.49 feet •_ the/ sow/A:eri!y r g t-o`-+r�? W line of. said State -862; ':�fi.� / 20.: / `p" thence along said --ray line South BI)~�8' 00 Aast 171.91 feet 0 r_ :o the Point of Begin i.e, to easement herein .k3Ed; ;,e:t easeeerts and rest. i o)sr - ��\ % GI — . rt ' "N) 'i , J ... e . —° .-.-,... 1.iJ t rg .Y .w I AG __ . _ Y EXHIBIT 'B• t NC._.._..i-r,��_ _ '• ' Page 1 of 1. DEC 1 1 2Uu1 f y _ RECORDER'S MEMO: Legibility C "Y 1 ^ of W Tltlno, t)'hlit�-', nT hTl�ltttlk. _ • / unsatisfactory in this document 3 _ - ^^ when received. I ;.s_ - :._ ►.-.'° . i".----�-ay „ •- 1 0 p OR ROOK PAGE • . t c6a} DESCRIPTION All that part of Section 32, Township 48 South. Range 25 East, Collier County. _ Florida, being described as follows; Compencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier Courrty. Florida; thence along the east line of said Section 32, North 000-38'-50' West 3437.06 feet to the southe-ly right-of-way line of State Road 3-862 (Yaiderbilt Beach Road); tierce along said right•cf-wry line North 800-C8'-Z0' West 1843.02 feet to the POINT OF 8ESINKIM6 of the parcel herein dwscribed; thence South 600-32'-23' West 33.49 �;"--^- thence South 210-19'-00' Lacs 3 . • €0, OT t thence South 0I0-27'-30 Wes` . • - -, --e'4) thence South 220-00'-30' E 4�4 • feet; '-''''')*s j thence South 640-15`-40' 'a�J '.O0 feet; +�' thence South 090-51'-10' Ea 0.23 feet; *hese South 380-15'-2 Ea .. S6-Trfee'k;_. \\ .hence South 0'-X39'-l'' E a • t; w--_'-`� thence South 080-55'-'O' c st 6.04 f . thence South 040-33'- 5' _I - ; py. , thence North 800-0 '-2 est' 75 '• o Florida Department of 6atur 1 ..es Co 1 t 1 'ine (perOrevised map of recon' erg •1 .••F,lhrida); 70 thence continue North : -_'' We... 00 _ =re . e¢tiS the Mean .. ..• filch Water Line of th 'Gu', of Mexico; / - .1 t5arce northwesterly a -id Sean H;ch va'er 2 1 .1 rear less 4-'" f., to a point on the sai berry right-cf-way , tp,. Road 5-362 `P (Vanderbilt Beach Road); - • `S O - - thence along said right-4 w ne South 8Co-0E'-2 as 200 feet Dore or less to the said Flo bpi.? +next of_ \ sources Coastal � •' Construction Control Line; �` i it .. _ thence continue along the soothe r nt�'• r =1 of said State P.oad S-862, South 800-08'-20' East 100.3 , .--to- Le Point of Seg i coni no of 9-.a - • the parcel herein described; e.r+ C subject to easements and restrictions of record; OD �'O E '''-tete r r I Tr, - - AGENDA IT'�'1 •4 DEC 1 1 700' _ -_ L.,FiIBIT 'C' - Pg. / Page 1 of 1. —.- IECORL)ER'S MEMO: LegibirintilinKty' .` of writing, typing or p unsatisfactory in this document when received it 0 (''''' 1 i This Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER i ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 IRRSRRVImI AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the 'Amendment') is made and entered into as of 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, N. a -r mItted liability company ("Host') . I. Back r l 1 ___ (I;-. NN __ (� ,; riX On or about rS.L 3, 1982, Coral Ridg= C 11ier Properties, Inc. ("Grantor") execut d -l•ava er;d a Quit-Claim seethe "Deed') by which Grantor conveyed c/o t C., ._ t -p f lan• des ribed in Exhibit 'A' attached hereto (('Be- h Acces S. , - ) . Th Deed as recorded in Official Records Book 966, p-• •'j • t..-11.: ds of Collier County, Florida. Pursuant he` e, o -=. lel Beach Access Site was conveyed to and cci. ,d b t C. b ! t ce Cain restrictions, �� reservations an gr..• ' e- - -n _1,set 1. h �.i+,.t(he Deed, including 0 without limitati e - -stric• •ns. --erva-' rotective covenants :1.J' contained in the ''D�c',laration of Restr ction�s arid- otective Covenants attached to the )... s Exhibit 'A' t , eclaration") , which W Declaration was re qit� in Official Re s/B gk,' 6, page 1866, in the R/7 Public Records of C lie County, Florida. L. �} � C On April 19, 20 fhej�. nt E* an` tion in circuit court in 'b Collier County, Florida, Il 1 - cgu • vs. WCI Communities, Inc.. 4-2 Case No. 02-1562-CA (the "Li ' t-ioA"•)� ing a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of 1—I► the restrictions, reservations and protective covenants set forth in the C.71 Deed, including without limitation the restrictions, reservations and C protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions'), and enjoining any i 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) . EXHIBIT "B" -1- /"N ICC "...\ II. Amendment of Dead 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 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 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 1 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 appe. , and in quality of materials and workmanship equal to or "- ifqX h n ` C!. • of the Ritz-Carlton Garage. The parties hereto ac L .-• Parking Garage will exceed i the building area -ole . footage) o l-'tz-Carlton Garage, and nothing contained h r n hall be construed =s/ -i iting the building area of the County Par ng tara•e to an area equi -len, to that of the Ritz- 1 Carlton Garage; h•wev-r, 'n no = s - 1 the max. um number of parking spaces exceed 350 . imu 'a`- -usl with . e con-tru•tion of the Parking Garage, the Co my = - . s -•1- -xp- se, construct and --1 maintain a trel is-.. c e o. �( t•••IT- o: the Parking Garage equal in qualit ant mil.r a•• - , 'e - ! a ofl the trellis on the top level of Ch: , - tar .on .r.•= t Befol- 'o c ng any construction relating to the Par 1 • ✓r.-- . _ - ty . - t to WCI, for WCI's approval, which -hp oval shall not be'� nreaspna• �. ithheld, all plans, •.. including the de. landscaping and hting „j the Parking Garage and trellis. Wi a reasonable tiq fuer ipt of the County's � proposed plans fo a Parking Garage, W ffr eview said plans and Q1 shall notify the Co writing of WC1. -"1316 oval or disapproval of — said plans; if WCI di o said pla I` all notify the County of "C7 the reasons for such di piop_l -j1 gest revisions to the plans which may lead the plans 'IA :AcEei.t s '- to WCI. WCI may not withhold •• consent to any proposed design 5 anV-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. 1-"+ = 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. ''''' -2- 1 0 ._. 5. Permits, variances and other governmental regulations. The ""'1 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 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 m- stained, or on the day telecopied provided that a receipt co RR (S transmission of the telecopy is retained by the sen �7 ¢31x� . � lows: `,/ - V 1N \' In the case of J---\ WCI to: / �/ WCI Communities, nc. `\ / . • Walde Cente Drii�e +-4- =-. ita Spri g , Flor'da 4134 / At .e. tivien astin i Tele o•i9 8 77 �\ With copy u�:\.'�(j::: •s ,�,-ver, 1 t^�Weissier, Alhadeff PO !" �. & Sitterso P.A., ' ': %',\ 401 East Ja on $tr �,/ w .r Suite 2200 - ! .ice N/_ Tampa, Florida • '- / Q1 l Attn: Lawrence J. (8 i in, Esq. Cr., r� lephone: 8 t 29 800 b - ..' •�B1�/2 -5089CI 17 In the case of .--` ....... the County: Collier County Attn: Marla Ramsey, Director io—A 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" Fl Naples, FL 34112 Telephone: 239/774-8400 Telecopier:239/774-0225 1 -3- ."'"\ 1 0 C 1 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: 2401744-5169 Telecopier: 240/744-5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each 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-,.Wha4. oev�r in determining the rights or obligations of the par ' e!n.- or shall such headings be construed to alter or ' it, - ., .- a.•lication of any provision of this Amendment. - -r in this % reference is made to a number of "days, " nes otherwise provid••, . h reference to "days" shall mean calend da. s. - IN WITNESS HE* OF," . and reigns• have = ec ted this Declaration as of the day a d y a ' st ..-&ve ' t> . r-� 1 Two Witnesses: )CCeti IT ES,! INC., a �. lawa• o4z tion I �� 7d CAA * C71Print Name: �� me: O Print Name: (-- 4-2 a � CJ1 ATTEST: DWIGHT E. BROCK,CLERK COLLIER COUNTY, a political 11—a subdivision of the State of lV Florida By: - , Deputy Clerk By: TOM HENNING, Chairman Two Witnesses: HMC OP BN LLC, a Delaware limited liability company By: Print Name: Print Name: Its: Print Name: -4- 40) fl STATE OF FLORIDA COUNTY OF 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 SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of . 2003, by __.. , as _ of HMC OP BNC LLC, a Delawar 1dC�,ity company, on behalf of the company. He/she i �p y A? o me or has produced as identification. /f��1 1 / �, 1 / - Print-7. ame: �' �� N. ar P blic (C 0 e ; b-r if ay) : ;i ,", ,mmis ,o Ex�j.r$s: O )) ! (NOTA:.Y SEA ) 1 ro ...i 1'/` C.) 10iw-rex36E301005\Nnd R�S�- CI002.doa ?{ ", r� 10128:03 `�� -� / Q1 Jl r-1/2'-'-----_________!jf_ C 11Z � c' . 11 w • • -5- �— lOc_ — i730?3B 00 '• 373 • OR SOCK :.-A^ • .:-AL 3�.......cx .1r,y di? t::a' ;art a1 `e�.tynr. iores::55 :cur , Range Z; r Fos-da, eel ng desrri as '� a i i ie- Ci law:: . :4- r-acl.r4 at :'r. sa: nz ::reer .. tar-.::, 4B f.au`_' 4i:ne, ^rErr:. C.0711er County. Fitr-f.aa; . t!=ac; slug tr a:s_ ,i:x a :a Sett^'an .+Z. ! :-- -ZE' *.,..,:t.*.,..,:t.24.:7.;6 l'..??.!.'..:l'..??.!.'..: . II the ..,.:h r a.^. , .' .-,21-4.;,yy .irl. re Stan:, 3:::1' i�ande.rII -...each A.7acti: ,. t'ae PC-M, iii ? 4:tt l:-ra i:r=- ` e % :e. .. Cy, F.oris,: • .t Yate.-Lt -_L: - .. . . . _ ...�> :: r ap 3!: d py . �' Cr ...—. .Y* 1.z...e = 1 M L3 Vis_ .+. qty�....� � .. C.A.) IE C`t1Z -- __ 411. �.` RECORDER'S MEMO: Legibility 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 property 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. ("WCI"), 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 par • s cial events held at the Ritz Carlton, Naples ("HOTEL");and C:O,7WHEREAS, the County4\20v-_,R ' allow RITZ-C use the parking garage under those n certain terms and conditions metOal -. •. . :ttlement agreeme t ex uted by the County,HOST,RITZ- CARLTON and WCI; and .-� ,_\ WHEREAS. RITZ-C' ' t'O ' . . •- ii - •. tyrom any liability or claims that may arise out of their use of the Pr• ,• t as I , .. i '1 . . . f NOW THEREFORE, riI .•nsideration of and - co diti n''''' the County allowing the use of the County's Property, and su ' • good and valuab• . r i r►, the sufficiency of which it is hereby acknowledged, RITZ-C• agrees as follows: L i •=:.MI 1. RITZ-CARLTON wi . ,-..1,, : - t 9 h• d the County, its employees,appointed and elected officials, contractors, and vo ,-- -acd •) - ndividuals acting on behalf of the County ("Indemnified Parties"), free and harmless from and against any and all actions, claims, liabilities, vr* assertions of liabilities,losses,costs and expenses whatsoever, including but not limited to attorney's fees, cis+ 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 1 of 3 EXHIBIT"C" '...-.., I 4. 0 :‘,...,,,,3 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: --- -CARLTON HOTEL COMPANY,LLC. R (a iii v limited liability company Ar — >t_. / \ �: iT 1 (Print Name: H �, Nab C7 (Print Name: ) Po 1 ,/ •P' o 01 .. i l f: (.tri .. STATE OF C.,7' COUNTY 9-16rn 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 HENNLNIG,Chairman ,Deputy Clerk A,N. • �/ / \\. \\ 1 \\„N. iolab cal Page 3 of 3 1 0 C 011: 3460 PG: 1518 IN THE CIRCUIT COURT OF THE TWEN t'.1MTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL DIVISION COT.LiFR 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 H PREJUDICE Itis hereby stipulated by ntween the undersigns au el for the respective parties that this action and all counterclai}/ns dismis • i s• •re•u .ce wi e h party to bear their own costs and attorneys' fees. l• Ellen T. Chadwell \/f1�o �1'�1 •des Florida Bar No. 0983860 >~'Ionar No. 332615 Office of the County Attorney Steams 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" 1 0 y 011: 3460 PG: 1519 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this 1 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 WHEREAS,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 ng_at__special events held at the Ritz Carlton, Naples ("HOTEL"):and ���Iy;K C U t�r WHEREAS, the County allow RITZ-C Qt'. use the parking garage under those certain terms and conditions men/&ia d in a settlement agreem t ex uted by the County,HOST,RITZ- CARLTON and WCI;and / / �I \--,— ---�� \. `�- 1 / WHEREAS, RITZ-C' ' '0' . . • 'Z, . ar typrom any liability or claims that may arise out of their use of th. Pr.• as w. NOW THEREFORE,`ri r •.nsideration of and a co diti Ithe County allowing the use of the County's Property, and su•••' ,er good and valua'; " •r}si , • , the sufficiency of which it is hereby acknowledged,RITZ-C' ' s agrees as follows.' L.._'-'`-',/ . 1. RITZ-CARLTON wi f, . . the County, its employees, appointed and elected officials, contractors, and vo t . aa` 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 1 of 3 10 C 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 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: . -� 410 � Z-CARLTONHOTEL COMPANY,LLC. ,.� : ��:+ mated liability company CirIV:- , J-\\\ ,----%.. .,;•<:',;•'. ''...---:0; 77/ (Print Name: M,�u���i, F. �k.' , •N•., ...,- . . . - .�,. . . /;,---:-",' r"- 'ssith'n/Ttt Executive Vice President & <<' .i /'^-- Chief Financial Officer (Print Name: `i -v.r.jam 1' / h STATE OF (x' • a d COUNTY s,e'.0)77 The foregoing instrument was knowledged,befo a me this/Viii of November,2003,by Ki' 4-1,01/L.�. �.lr Z 4 /zmna .�� ; , as .. tyi�, �`' (position/title) of The Ritz- Carlton Hotel Company, L.L.C.,on be l-f'Of said company, o is%)personally known to me or( )has produced as evidence of identification. � (SEAL) 4L4d41j v NOTARY PUBLIC -p Name: Susan T.PVPncnR %e '•�V.e,!�p0 My Commission Expires: . /S/0 7 ccmti s*• MAY • i* 8 . r. 2007 ' Page 2 of 3 r•�v 0q r,-,, ..) OR: 3460 PG: 1521 . ,-, ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA ATTEST:DWIGHT E.BROCK By: CLERK OF COURT TOM HENNING,Chairman ,Deputy Clerk Appro, as tot?" & 1p..) sufficienr, v ssistant County Attorney - *Om' .�ya1 suffittene%l CU' '0r?en T. Chathen aiiirer // fl \----------,0 \i4) i i t r. ),--'i f \/ Page 3 of 3 1 0 C • 000966 001873 OR BOOK FACE • • LFL DESCRIPTION . All that part of Section 32, Township 48 South, Range Z5 East, Collier County, Florida, being described as follows; - Counc=ing at the southeast career of Section 32, Township 48 South, Range Z5 East, Collier County. Florida; thr..ncr along the east line of 32. North 000-38'-30" best . 3437.06 feet to the soothe ' it-? .C?t j� of State Road 5-262 (Vanderbilt Beach Road); ti `'(.l • Bianca along said right • North 8•• �: "\best 1I.33_38 feat to Lie POINT OF BEa'IX2tlkfi or . Ir• reel herein descri•-.- -thence South 90-51 -40' '� feet• `hence North 8•• 18' 20!• - 724.44 to t. - ate of Florida Deparaerrt of k urn Rescur •as 1 Coot uc: -y Co try! Line / revised ■ap Of -t0 �! '•. .•?....-, • �[C r l 'r .henc2 carrt:nne ..rt. :, -0♦. ;� 7.:r141 , Florida); High Water Line If ss to Lire Mear. thence northwest- 'i. ,'ater i 2 1: _t mare or less 0 to a point on t }s . • the. (Vanderbilt Reach Rise•`; _ '-~-way ne • e ate Ra ad 5-362 thexa along said Kg, -of-way line South: •;i•-C8 _2 f or less to the (' = 200 eat cors t� lorida Department N • 4.' asourtes Coastal s� Cri Construction Contra thence c:.Tinue aio • he •utterly richt-of ter-w in of said State R-ao S-862, South 800-08'- !r :10_00 fee* it In: cf Beginning of .d the parcel herein desert �'' t rT su'�iec: to easements and restrictions • V l � + ( 1 N N • • 8 RECORDERS MEMO: Legibility •. ,. 1iI3l _ T •A• of writing, typing or printing unsatisfactory in this document :tee 1 -• when received. OR: 3460 PG: 1523 This Instrument Was Prepared ay, Record and Return. To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 I i AIStPV ) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of , 2003, ' by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "Cot t'"-}---i , COMMUNITIES,. INC., a Delaware corporation ("WCI"), and p ERt>�`t( j -ware limited liability company ("Host") . 1. L� ckrround.- ����' . r. o. about April 13, 1982, ora Ridge - Collier Properties, Inc. ("Gra tor" acute 1' red a uit Claim Deed (the "Deed") by which ,Gran r .-nv e: t: County the pa cel'cf land described in Exhibit "A" attached h- - h • - T Deed was recorded in Official Rec ds =o. ..g . . . . • - ub is Records of Collier County, Flo ida urs en •o m o t D ed, the Beach Access Site was ^� con . t. a .. a 'p - , the\ o nt s,ubject to certain restrictions. res va j..-100:n• •. • e.• ' co •� A.e forth in the Deed, including with tt,f' imitation the restriction.. r ations and protective covenants conta in the Deciaratio kof Re ions and Protective Covenants attac e. the Deed as &xfr t 'A t� reto ;the "Declaration"), which Declar was recorded in Of ' C7 cords Book 966, page 1866, in the Public bo of Collier Count .Flo ida. As On Ap C y filed an action in circuit court in Collier County, �Za�f�9a( t _ed-Collier County vs. WCI Communities, Inc., Case No. 02-1562-— (CA-- (t e--' igatior.") 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 r.ereinafter 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. MCI is the successor to all of Grantor's rights and interests in and tinder 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. (....\ ICC OR• 316.0 a�• a��.�l �\ For and in consideration of the premises and r d uable • 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") j 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 here - e that the County Parking Garage will exceed the buildin• '( q(a, age) of the Ritz-Carlton Garage, and nothing co. - ' •-4lf*f nstrued as limiting the building area of the C•- 4 •-rking Garage • ai ea equivalent to that of the Ritz- ! Carito. t. .--e; however, in no e' Al hall the maximum number of parking space exc ed 350. Simultaneously with the construction of the Parking Gera•- ,- Count - --'so, a i sole expense, construct and main air, a t--e: --1- struc ure on the top level of the Parking Garage equ-1 i • ty -•• s'.. •.- anc to that of the trellis on the top ley-. . ,z c_ .. Be re commencing any construction - rel tin; P= •in• -•{T� Co LI/ shall submit to WCI, for WCI's app g9�ai, . •.}o a f, all % be lnnr asonably withheld, all plans, Inc Fadi•. .'d ..!•, •"cap'--: n• ,ley hting, for the Parking Garage and re lis. Within a re, -onab e ,{�' after receipt of the County's prop•• '6 .lens for the Park •_.. G-ra;e,..) CI shall review said plans and shall a fy the County in ' t. • q�l CI's approval or disapproval of said p' - if WCI disapproves 447- s, NCI shall notify the County of the rea •nig- such disapprove d , all suggest revisions to the plans which ma4./ , •- plans L. . \ : •table to WCI. NCI may not withhold consent to -�y Tr.vq :-,,• s on the basis that the building area of the Parkin.. —ate •1t-• at of the Ritz-Carlton Garage, provided the total number o .- -g 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 acknowledges • - o 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 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 waiting 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 easg ef---- wCi to:� c x C O ommunities, Inc. 1 r alden Center Drive 11 / B pra' rings, Florida 34134 / / Attn. i 'en Hastings / Teleph ne: 39/498-8213 / / �. lecot e:•: `239/498-8277 !/ j Wilt .-- ea r, Miller, Weissler, Alhadeff n, A. 71!101‘.-S20 ol ack on Street 1 v Ta 133602 ' Attn: La J. Bailin, Esq. lep o ... 13/223-4800 !(lZe.o 0/813/222-5089 It ase se of +� the *It County t``Z�1t aria Ramsey, Director �`11 �a3lier 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 0 L. OR: 3460 PG: 1526 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 provsionsof 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 ..sed 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, .721C.,,a'. Delaware co-••orat•aonl CJ V By: J ! All Print MENZIWBC2 ,61% Prp.n. N. liqL=mmegjaz - e� l -int I ATTEST D IGH E RO : llierfOLLXER COUNTY, a political ;ubdj.vision of the State of tf7 .. 4da Dy: ✓ __�_� /,1 Deput* -: . (Th je {` TOM HENNING, Chairman Two Witness- - ./-1 ' HMC OP BN LLC, a Delaware limited liability company By: Print Name: — Print Name: Its: Print Name: App 'a?A 3S tO fors 1e 1 sufficiency County Attorney ?<:r. 7 Chadwell OR: 3460 PG: 1527 STATE OF FLORIDA ....1 COUNTY OF cleitb•I- The foregoing instrument was acknowledged before me this _)Th day of Vown110. 2003, by (.1crG=3, V, ia�c�--te�.. , as t.1,__'Ce lc ' of WCI COMMLNITI_ES, ;NC., a Delaware cofporation, on behalf of the corporation. ,j',^./she is personally know to me or has produced _ as identification. Pri ted NameJ 1 \ 1 ECCC-V1 Notary Public Sera_ Number (if any) : t)1C(16-7i My Commission Expires: (NOTARY SEAL) ~' KARENJ.000CH 1 • •. Marry Public,Stele of FOft My oonm.sxpira March 9,2007 STATE OF FLORIDA •` Comm.Ho.DO19163$ COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP SNC LLC, a,-Se±awa - 'imited liability company, on behalf of the company. 3i€7 r�,1i C 0 _ lly known tc me or has produced t( �` 1 �� as identification. V� r� Pr'nte Name: Notary ubi i c �� ial Number (if any) : ' Cmmision Expires: '-- .. '•xT SEAL; 1:\w- t} o\oos‘A.o Rescov-•wc:032...�. 10/20/./-,,e% 1'✓ 71' 0 0 41 C1WC.`i MCI LEGAL Fax:239-198-8277 Nov 18 2003 15:10 P.051 0 I 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 changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisians 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 capitalised 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 WREREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITI S. C-, a Delaware co-•-orat'on /<,.-4416 AWAY' NN41111Print N 2 fte\ T E coup/t" pr n.� ��Lyr� . �' - /jj itidIA2? int f ; - \ ATTEST: DWIGHT E. BROCR,CLERK R C• s -d vi 1•. o e C to o f • By: , Deputy ,-e. ` +✓ TOM HENNING, Cha -. . 0 • • Two Witnesses: J . .. ., e' uesa4are limited G.r alf440C1 Print ame: -i 7 Print Name; cu.wi LLOY1.) T t s: ' aL; Ls Jft,'n -1.- Print Name:Wu;t lk VC! LEGAL Fex:239-498-13277 Nov 18 2003 15:11 P.06 *** OR; 3460 PG; 1529 *** __ STATE OF FLORIDA tie COUNTY OFfall The Oregoing instrument was acknowledged before� me `t,his!-_ day of , 2 C..003, by .bi ip-., , as cbzl' V�Ct K of wCi COMMUNITIES, INC., a Delaware cofporation, on behalf of the corporation. $/sbe is personally !norm to me or has produced as identification. Pri ted Name t 'S Fa�� Notary Public • • Serial Number (if any) : i'if6,.3 My Commission Expires: • (NOTARY SEAL) ,._ KARUU,GOOCH STATE OF FLORIDA '-.- M c Many Pubk.Sus at noes'e�T Corm.N0.00141638 COUNTY OF COLLIER The foregoing instrum t was c)rnowledged before me thisy. No, day of Nc 1P rnb�'r. 2003, by Lf 61(• `af n j('a7 , as Vic H E'S,Lf tri of HMC OP HNC LLC, a Delaware limittd liabjl-i c }c1 on behalf of the company. He/she is personallyorto - has produced �•tification. 401s !be /Noed Name-r. 7ile,it%v Sri \ry C.-.'Aon ,. T I:';+•re\2619x,\095\.n1 ze.Cov CIOOZ_do. 7.... NOTARY NOTARY PUBLIC ••TATE O •R D .- 1:/u/na My Commission Ewes Pjpril /.OE I Cit, 'N. TAIL: CjRc\I # OC ATTACHMENT TO OBJECTION TO ITEM 10 . 0 REQUEST FOR CHANGE OF HEARING DATE $1,472 in savings inside ,01V4, .--. Nitipirs Datill ,-„ArtiurS Sunday,September 18,20161$2.00 PART OF THE USA TODAY NETWORK Ready for a fun day on the Gulf? First you have to get there, and that's no easy journey f � .. a 7 LAST TRAM' PICK _ ' . M, t il- -y a -, g ACH BEACH OUT OF REACH JUNE FLETCHER JUNE RETCHER®NAPLESNEWS COM;239263-0775 ilohn Minard,80,likes to walk or swim at the beach every day. But lately the retired apple grower is hav- ing a hard time finding ways to access the beach near his home in North Naples. People pay a With more visitors and more permanent resi- lot of money dents coming to the region's premier attraction, to live along the parking lots are getting too full,he said. "The last two years,it's been horrible,"he said. the beach. "Lots get full by 8 a.m.in season,but even in Au- And once gust,they're filling up by 10:30 a.m." they're there, Moreover,some of the parking spots he used to they want it use near Clam Pass and Delnor Wiggins State Park to stay the when he first came to the area in 1985 are long way it is gone,making some of his beach access points in- .''accessible — and creating choke points at MARK STRAIN :NNIItMN 0„0,„ CWNIV P.AtUNNG See ACCESS,Page IA COMM3u0N t."'..\ a 7Yi.t.s . "'` -fit 15."`iI'�"4.. �q c5$' ..,•1!'"3,1 -1%;451.1,1;: .:; 1-1 ; r `a ,� BONITA / ESTERO / NAPLES MONDAY. SEPTEMBER 19, 2016 1 0 C cir,iTHE NEWS-PRESS ,....., PART OF tF€L usA tCOA•i•:Ff sro".; CAMPAIGN CONTRIBUTIONS,LOBBYING RECREATION Lawmakers ilei ,rl , a 1 received � , . 1 cash from _� drugmakers Lzsl '� Opioid makers,advocates spent FROM C q it FROM,' . , fi, $z3.8M in Florida over past decade r TAMARA LUSH AND MIKE SCHNEIDER wf art^.els-ta vaeis t:-...--' '� _ TAMPA-A joint investigation by �' The Associated Press and the Center - c �3 ..,1.-y , for Public Integrity found that drug- —m — .,�„_..^. makers that produce opioid painkill- i ers-and allied advocacy groups,spent more than$3.8 million on campaign V-` '' """ a.2' contributions and lobbying over then After Florida past decade in Florida as they worked --' lawmakers to influence state and federal policies adopted The groups have an array of political Beachgeers wart 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 rcpt legisia- that of the gun lobby during the same /(/''�� ■��^-��j /`^■j reach tion chis year, periad. B e \l h L.!ut V f Gay.Rkk The investigation comes as the sport iipned number of overdose deaths from pre- it into law, scription painkillers has soartd, Scott received claiming the lives of 165.000 people in 515,000 from the U.S. since 2000. Reporters ana- opioid menu- ly2ed campaigns finance and lobbying As SW JUNE FLETCHER Susi rocti*t+tswcan -,e3sioc �\ factures, data from 2006 through 2015. re- according to viewed hundreds of documents and campaign conducted more than 150 interviews. Florida ohmWooed,80.likes towalk orswtmatthe beach every day finance and Drug companies say they are cam- grows 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 oplaids 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.Fiends was theepicen• whether up by 10:30 a m." Moreover,some of the parking spots he used to use near Clam See°plaids,Page WA there are Pass and Delnor Wiggins Stale Park when be first caine to the area in tW 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 pt)in is See Access,Page 14A :.. fil) Election 2016 'frump visits today: what you need to know SHELDON ZOLDAN President George SY Bush's re-election-am- stcinansnion isr ,.''> pato in 2004 at City of Palms Park In 2008.Sen Lab Theater to host 11:11. John McCarn's running mate.Sarah Palm.held The presidential campaign comes to South- an event at Germain Arena fundraiserto find le";, west Florida today with Donald Trump making Trump stumped in Colorado Springs on Sat- new home,ID first visit to Fort Myers urday and was in Houston on Sunday for a Trump hump will be the first Republican presiders- tial candidate to visit Southwest Florida since See Trump,Page flA HIGH $9 at cooperes radar Ctassdieds A 9 Natio 38 Spots 1C II IIilllil Illll III gFElykiWS-PRESS end weather updates Local business n ISA Need to know n to V,ewi a t7A I 11411 4 ll�' i Published since 1854 LOW 76 ^ews•Pras lottery+4A Obituaries 144 Weaihnn tic r 40901 02625 G Copyright 2,416 -MUTE 811t.1954 i �+ ,.a _ l22 Firsed Best t Place to e St EIBtS a�, •MII►TI : 1 ..._ ._. J _J is atu. . Oa[staRset�......a el "`"*"---1- : _ BuilitYour Own�PackagejDeall; _ , y,,,,,, PretessimtalSat as A ii lances& Purchase Cy r more kitchen appliances '"" ; I `°""" b , a°Stailaucial� ntrzeig electronics anilg contractor discounts! ie t Law Price nuretiee ualwrtamas I eo.aasxs MsitaaaNlieuaouusotts wow.ro >>oe w --vii-r----- illi1SWFLShowrooms I '26A,i-5W � -i219a.db70_ I .TBL,Tia, BItFM5455 I39.Mwdu ) 238.4511/334I 25913411[1bsmrn.eom i" tit; CiPa \M1 ii ;. p Co-.Ur.ued from Page IA d i them are wide open"he said."It never was like this be +w �WM III I NI' foie" s ,. s As more people crane to Southwest Florida seeking a - -- _ --r 1-:., spot on the sand—and taking up already limited parking �= � j �� at rising fees--debate is growing as to whether they're -' -" being funneled rtotoo few beach access points.And that x— - -t p �j' ' ' could negatively affect tourism and real estate sales '. t tyi�+,.� ssaaaaaa a _ • 'People come here for the beautiful beaches,'said P- r y :dark Strain,chairman of the Collier County Planning ..�1 Af,4 Commission and it chief Meaning exatnier."But it's get- i� i r ting harder and harder for people who don't actually live d along the beach to access them." r f ' On the surface it may not seem that Southwest Florida '' �``< has much of a beach access problem,at least compared - tea' t with some other parts of Florida,which has more than 2,000 public access points statewide. _ • - i'1 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 - e ,, ;j of every 0.6 miles).while Lee County has 98 access points -..sa`.,..—_ along 47tnilesofcoastline(or every 0.4Smiles),and Char- - e _ lotte County has nine access points along 12 miles of •.� beach(or every 1.33 miles i. — , Contrast that with Hillsborough County.which in- Ilichudes Thmpa.It has only one access point along its paltry \ ( o - ` 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. ...rotas iv recoil pattc5£5£nnw.o,o tidy iIEwS 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 Bin 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 lamdca access points,tight parking and roily fees coast beachgoers to hit the sand,said Miami resident Car- are the biggest obstacles to public beach access,some Borges,51. beachgoers also say they are being chased away by waterLounging on Vanderbilt Beach last week.Borges sand front property owners who say their beaches are privateI --- nets 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, "If you come with stroller ora kid.or someone who is throughout Florida,all land owners along the sand only - handicapped.it's difficult.-she said. awn rights to the beach open the Erosion Control Point.or ': Nearby.Wendy Batts.43,of Louis ville,Kentucky,won- traditional mean high water line—a line that once set, _ t"+it' 11. • dered why associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach - - - owned by seasonal residents and empty for much of the renourishment.The public has the right to use the beach F - 2 • a year—don't allow tourists to use their empty parldng lots from that line to the water. r �, and access their private beaches during the offseason. '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 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,Straus said,and rocketing beachfront seasonal population is 425,000.Strain estimates the court prices make buying more land for access or parking too Mnard thinks that's an incentive for Lee residents to /e"'"'\ ty's population will swell to 1 miltirntol.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 trobuting to the overcrowding of Collier hearties near the FUNERALS&MEMORIALS near the beach to providing more ways for tourists and lee line"Beaches primarily should he used by their own n 's o t -8 demo inland -r what r own ts."he said t s y ..... hat sort of h g ; .„, ) 'fiesnott - {�1.,,-i -vy,a ",,,,d, 3`` l� KsLL.v, ,- kip; as ton beer.abuneofcontentton rieR.=s° he nofficials ofCollier County and the city ofNaples. •- _ r type o said ', ere, - waycasionaily floats the 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.core 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 ring 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. mg for spots,Strain saidthose of the county and often attract county residents. When the luxury high-rise Moraya Bay was built sew- "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 M4ARKGRAP the entrance to the neighboring North Naples beach ac- refurbished last fall with new restroomtci s and plannp FORD,NANCY N,87 tfp;LriBCr- _{�:;d cess.So sand-seekers who wanted to use their free-tares• that cost$2.5 million. if Bokbeka filed September :dents Collier County parking stickers were forced to use But while the Pier,Lowdermtlk Park and the beach ac t5,2015 Arrangements by = Smirk t•tarkgrai Conner Park.a half-mtle away cess at the end of Fifth Avenue South are heavily used, Hod es fureras Home at ase .,f fort Myers, passed s , 1Y'rdnesda,-. Sa tuber Shuttles from inland parking lots would help alleviate "there's no planning whatsoever for more access,"Moss Memo-si Pari =o i i, She,vas bon one the problem but ton often. residents object to them, said."To be able to acquire the land is beyond local gov- 195n in Birmingham.Al Strain said. ernrnent." and nso ed is,pt.,.Mven with But sticking you-head in the sand won't make the That's because many of the city's beach access points her family in 1951 She.vas problem go away he added are near some of the region's most expensive real estate, he rred hr and rreived "As the eastern portions of the county'become devel- with beachfront lots running into the millions. emir reining ceauhutrun frem oped and residents head to the beach,especially from Because public parking is limited to a handful of v iu ens',Fivapual In Bir huge new towns like Rural lands West and Ave Maria, spaces at these access points.beaches near the mansions MlleBachelor.D ..ann i pied l traffic along the beach will be terrible,"he predicted. are among the most uncrowded in the region—although nn College,Drowns r n n, What's more.because many of the county's beach Sc- people sometimes park illegally to get to them. ompkte her auBcauon in rest points have no public parking nearby,they are for all 'People park on yards and shrubs,so we have to send a- Coding Operating Room and practical purposes inaccessible for anyone who doesn't the police around"Moss said tar billing and chasms resmr'v live within walking or biking distance,Strain said. Yet there are no plans to shuttle people to these more a j Most rereorl-.shr worked a, Such inaccessible access points include the roughly 2- secluded beach access points,Moss said. t, t I home ,claims twit, mile stretch an North Gulfshore Drive from Vanderbilt "We're not looking for ways to help people get to the 1 Belsresor is survived b het Road to 110th Streetor the beach along Pelican Bay. beaches here,'he said r a kl I I.un5St rkg of hert5 ne ' And sotnetimeseven hike riders haves hard tune find- In fact,the city recently upped its parking rate for pad .,�y M o �t rkg at h s cot" mg a spat. spots from$1 50 to$2.50 an hour and put in meters that rends attending h t-n' then he hived on Marco Island,Gage Wheeler,20,of• take credos cards in a more that's anticipated to bring Si rioofSouthFlorida.o.r e,.e ten found the five to eight spaces provided for bikes on million in revenue to the city,said tlnnDouglass.the city's -ate/ ,a his Bachelors Degreearc beach access racks"really packed.""Sometimes there billing and collection manager. as ,q gt , Manna Markgraf currrnd. was no place to lock up your bike,"he said. When people pay meters with coots.she said,they stay hying in England.where she is Other times,especially during the stormy summer only as long as the jingle in their pockets will allow, srrad„ng for h r Master's De- months,parking lots flood to the point of beingneai-iy ani- "But people are more apt to overpay with credit cards gree She 1 r.,e t ho passable for days,as frequently happens at the 96-space so they don't have to come back and feed the teeters,"she F brothel Stichaet Smiri; Collier County lot onLely Barefoot Boulevard that serves said,adding the city has 1.305beach-access parking spots ,She uas preceded in death hs , the access point to both Barefoot Beach and Bonita While risingfees brio in revenue,they also hamper lm par""'Hecbrrr and Joan Beach,just over the Iee County Line accessibilityfr those hard-pressed to afford them. p Das 1 Smith. P Carl Sensing rrange,nents are vving manager of the city of Bonita Springs. Fort MIyersBeach resident Jimmy Masterson.S2.said ' u.ler she dirncrion of t,n said hes"very concerned"about the lack of parking at it also puts a damper on the day of beachgoers who must hirers Memorial Gardens to Bonita Beach,the most accessible public beach in the constantly check to make sure their meters aren't es- neial Home. ISO' Colonial southern part of Lee County in terns of parking. pit-ed.exposing them to heavy fines."When I came here /....1 y Blvd Fon Myers,el 33511' Although there are 99 parking spaces on the Lee Coon 19 years ago.parking along the beach was free."he said Online condolences ma, E. ty side of the beach access,he's hoping the lot can be re In Lee County',parking fees rose in 2009 front Slip$2 f r*..,.1."'"."'f".5 configured to squeeze in a few more spaces. an hour at the Bonita Beach Access No.I.l,vnn Hall and mortu ing twodevelopers who want to build in- Bonita Beach Park access ACelebrra nollaie.•illbr He's also askhpoints.They rase the scum. Mild hem t 30-3-30 PMS on land hotels in the cin to add about 200 public parking amount in 2013 at Bonita Beach Access No aa Bowditch Sunday,irptrnsber-5.2018 spaces to their hotel lots They'd then take residents and and Bundle Beach as she Ed Rcsuu_nr. hotel guests to the beach on their private shuttle buses. That helped to raise parking revenues at beach parks 383 \tcG,oFor Blvd. Fin which,unlike public shuttles,wouldn't be subject to the from SI 34 million in 2013 to 5154 million in 2015. Nivea whims of NIMBY neighbor- In the meantime,businesses near the beach wrestle In lieu of Minora.memorial "The idea has been well-recessed by the hoteliers,"he with the issue of beachgoers parking in their lots to avoid sr t eioru mar he,,,,,,Ic in . said,adding that private beach shuttles from master- the paid snots-Is towline vehicles worth the risk of riline Page 1 of 11 1 0 c As more people come to Southwest Florida,debate is growing as to whether they're being funneled into too few beach access points. June {Fletcher. tune.Iletchera naplesnes.com:239-263-4775 Share This Story 14 I eet Share Shure p i n 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 coming 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." Mark 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 t1 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 1 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 iewc a man 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 the entrance to the neighboring North Naples beach access. http://www.naplesnews.coni/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 3 01 1 1 4 in 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. !r' e ." E (• x. } kyr g AT ,. • ...•� I .. • t Skip Ad Aehtlmt®€#iglorida residents bemoan the lack of beach parking and access points.June Fletcher http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 ?age 4 of 0 1:` Emb&hwing,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. ATthough 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. SM.dtein our online poll: Do you think there are enough beach access points in Collier and Lee? he s also asking two elopers who want to build inland hotels in the city to add about 200 public parking spaces to their otel lots. They ten 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). • • • • 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 screen 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 theyOre being funneled into too few beach access points,with too limited and expensive ,"""\parking. (Photo:Nicole Raucheisen/Naples Daily News) Fu l lscreen http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 5 of 11 10r Beachgoers load up their belongings in their car at 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 theyere being funneled into too few beach access points,with too limited and expensive parking.(Photo:Nicole Raucheisen/Naples 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 Raucheisen/Naples Daily News) Fullscreen 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 theyere 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 "'"\ 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 I 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) 1 u1I reen 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) 1 ulLcreen 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) I ullscreen 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 ullacreen 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 they Ore being funneled into too few beach access points,with too limited and expensive parking.(Photo: Nicole Raucheisen/Naples Daily News) l ull.cre+en 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) Iull'creen 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) 1 tillkcreen 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 LII lcreen Like this topic? You may also like these photo galleries: Replay • I or 20 http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 7 of 11 1 0 witHII • -mss— 8 of 20 • of20 10 of20 al I of 20 12of20 113of20 14 oM }u • http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 Page 8 of 11 t. Y 1. 0 L., 'NA15of20 • --—..... 16 of 20 • WI17 of 20 • I« • Lill' . 19 of 20 iliii0 of20 Autoplay Show Thumbnails Show Captions P., 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) http://www.naplesnews.com/story/news/locall2016/09/16/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 SI to$2 an hour at the Bonita Beach Access No. I. 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 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. 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. Direct:Coastal Access Guide r u ti ' 11.,1 a• ;s , ( vi • Show Imagery Slider >> --Show County-- V 1:577,790 ^ Q imemommommimmome 0 0 5 lOmi Share This Story 14 lsveet Share Share Pin Email Comment • t 4iu PART OF THE USA TODAY NETWORK ©2016 naplesnews.com,All rights reserved. http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reachl90309508/ 9/17/2016 Page 11of11 • Share Enjoy a limted number of articles over the next 30 days Subscribe Today Logi Subscribed,but don't have a login? Activate vour 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 Beach out of reach As more people come to Southwest Florida,debate is growing as to whether they're being funneled into too fey+ beach access points. Beach ou of reach A 'Your Name IYour Email (Your Friend's Email CancelSend Sent! A link has been sent to your friend's email address. P"\ http://www.naplesnews.com/story/news/local/2016/09/16/beach-out-reach/90309508/ 9/17/2016 . f $1,472 in savings inside 1 oc N t Ottitu 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 I � T` '. -.-_ .----- ■ !3 ---.7.- witi— ,. c - .-S 1 - i ,,, ,i sp, ti ar-UtAtel i Y j 1 N Q j.� YN - 1.W g. W _ III AC ' Pd (--..m.T 1 ,, , t4--A p‘E H . 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- MARK STRAIN accessible — and creating choke points at CHAIRMAN OF COLLIER COUNTY PLANNING See ACCESS,Page 6A COMMISSION 1 -� ' r &i,f Pr . Y ,..::_,- -z.',.. ---.:4-..---.--"'I , -1... r .) --.„---,:F.:.-1-17-:- s =+"`4" a.- l -+r '-1 r - x'� + - * : rye - , . A ;;,. 7,...., . n "t*"- .s. y, r ',.' v a� '.v. ti -3' -.....,-;:.,.4,-; 42:',..1.,,, }•d --.1.4.7=1:9......2.-4==:::'.=;1.-:-...:74----.. .t..0,„`. 3 .s 4-..'.` L F .e..c._ tom:. _ -' .. ... ..... ,1 -.... ?S - _ '+^•`-�_'"'..,....7'= .. `r+k` :.....'� '{t' - - . ' BONITA / ESTERO / NAPLES MONDAY, SEPTEMBER 19, 2016 1 0 G r THE NEWS-PRESS .;,, PART OF THE USA TODAY NETWORK CAMPAIGN CONTRIBUTIONS, LOBBYING RECREATION Lawmakers *. :•_. ' • _ , ,,,,,...„,„ ,, ,iimi . ,,, , , , _. , _ .. . _ -4 .1,.., I i - . received G cash from „_, •i I ! '-z _. 'L,;, 4.1 I 1 IP _ - k -----, ,,____,_. ' ',,,A .1.,- f . ---r .,;:--...:— _ drugmakersz 11-: ' 7, \'. ,'” :' ' _� ,p,;.. ,14.;IN\, p w Opioid makers, advocates spent io _ ICY: m.1 " -- • ; , 83.8M in Florida over past decade ' - A' FROM'�- e r r 1- i' TAMARA LUSH AND MIKE SCHNEIDER F ` e _` >; r ASSOCIATED PRESS _ k'l'a TAMPA - A joint investigation by The Associated Press and the Center _ :': ,.` for Public Integrity found that drug- : °ter- `� U z _ 1- makers that produce opioid painkill- • �._-�> ..h " - ers,and allied advocacy groups,spent a' 1r:, . • k • l: more than $3.8 million on campaign --- - ' " �- x 'T4',"'-`''-1-1,1,..-2 ,i_►, �_ to ` �'�ffi.tlw9+r...'x �vss•wn--� a 4-1,.-4- ,‘• "7 contributions and lobbying over the ="Tx,.M--=-- � �Ty - After Florida past decade in Florida as they worked .v , 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 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 r'lor ida ''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 com- grows, But lately the retired apple grower is having a hard lobbying miffed 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 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 too 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 1 points See Access,Page 14A �.THE 0 Election 2016 . L,',..- vTrump visits today: what you need to know SHELDON ZOLDAN President George W. Bush's re-election cam- t v,•M, SZOLDAN®NEWS-PRESS.COM paign in 2004 at City of Palms Park.In 2008,Sen. Lab Theater to host i John McCain's running mate, Sarah Palin,held ' ,; The presidential campaign comes to South- an event at Germain Arena. fundraiser to find I > • ` west Florida today with Donald Trump making Trump stumped in Colorado Springs on Sat- ' his home. 1I) 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 H IGH 89 Live Doppler radar Classifieds»9C Nation»3B Sports»1C 111 (11 I I 'II1II II I) THE NEWS-PRESS and weather updates Local business»15A Need to know»2A Views»17A ( Published since 1884 LOW 76 i'"`s at news-press.com Lotterya4A Obituaries»14A Weather 0 40901 02625 9 Copyright 2016 $75 Retail D est.1954 AppIianc e , , ERATE Voted BestPlaceto Buy! ra9I95sF 122 First Place l # EEAPO 5 � ! �/��`® .rL'L r — ca ft•L000w s4 022 Reader's Choice Awards SHIN Electron�cs� • PROFILE over-ran emurow0L AE7ER 5400 MAIL-IN RE'."�" •.., h;.o = = �SaP. Outstanding Customer MITH , .Build YOur ODIiackaufl,DeaI! I �.A Iran . comecvoo ludlencantrols &installation! Appliances & Purchase 4 r more kitchen a M"tU a Ben»�' appliances Mount Reirlgerpior': l �{Ssv We Service What Wes- a-� irCt1'0111Cs and;. contractor.discouunts! alcsK 1 .nut 1.4 � low Price Guarantee! ' • US 41 FORT PAYERS BONITA SPRINGS NAPLES NEAPOLITAN ••: .±. • ..-: • ... .• . . , „ • 1 0 t • Continued from Page 1A �'�' ii r O them are wide open,"he said."It never was like this be- - ,;. �" :am '- fore." d:.- =te t ,. ., . --_ As more people come to Southwest Florida seeking a :.,._ . a.. „--7-7-----.2.—, spot on the sand—and taking up already limited parking — :->z ! at rising fees—debate is growing as to whether they're r�,. I I being funneled into too few beach access points.And that - _ 5,,, ,, --„,-„, i '',/- ,� fl ` r could negatively affect tourism and real estate sales. 7A = "-; `� t '°:.:: "`" .1 _N "People come here for the beautiful beaches," said 17'..47,- Y . 47 Mark Strain, chairman of the Collier CountyPlanning - ` ` 1. ' -.; � « '� � - .. �, � 1 "sem r �.-a.= -� :. Commission and its chief hearing examiner ut it's get-- i f _ _- '� I y' ting harder and harder for people who dont actually live _ :7 _ ;--- ` y f7 / l along the beach to access them." `' v ` �^ r 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 'r '' 2,000 public access points statewie. •• t •I ' --- — -- According to Florida's Department of Environmental r^ v j% i Protection, Collier County has 57 public access points - , . - f along its 34 miles of sandy beaches(spaced at an average in`-, —' of every 0.6 miles),while Lee County has 98 access points I. '' "�� along 47 miles of coastline(or every 0.48 miles),and Char- t - - -- • lotte County has nine access points along 12 miles of r..� '-- beach(or every 1.33 miles). Contrast that with Hillsborough County, which in- ,i- , eludes Tampa.It has only one access point along its paltry r (( -. _'t, 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. '` 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, "� --f "If you come with stroller or a kid,or someone who is throughout Florida,all land owners along the sand only - s' ' �"'`' handicapped,it's difficult,"she said. own rights to the beach up to the Erosion Control Point,or -1 @ -i1 , : - , landerbi1t Be ss Nearby,Wendy Batts,43,of Louisville,Kentucky,won- traditional mean high water line—a line that once set, ,. E , dered why associations for beachfront condos—many doesn't vary even if the beach is altered by erosion or beach �-- - I ��e-1S`,' 11� owned by seasonal residents and empty for much of the renourishment.The public has the right to use the beach - year—don't allow tourists to use their empty parking lots from that line to the water. jam ; _ f and access their private beaches during the offseason. "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 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 ;; 1 w inland • + + + what + ' t•+ + own •„- ts,"he said. » ci c s e .x 5 d E14:—.:):-..1.&Memo r",�„ `a3'-i, M'-(? ,r t` cro ss. ..mss ' ' s;,,, d• • -: 1 .` t •that sort of logic has long been a bone of contention Tt" r 1 `�s• .•'l ` esnote o = e •= i a' ?rya "�' apti +i- „ w , . -•„` y _ ,r, : - ty the city of Naples, t �� `h` •+ +. + , ++one to h ':glib + �-' he between officials of Collier County and •r; =.'c'-i• ;r type o '•• said.” ere,th ,., 1 f ,-..f,,,::.'. e way ft=y •ccasionally floats'the idea of lun'iting 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, SEPTM EMBER 72016 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.ArrangementsRebecca Smith Markgraf,by Conner Park,a half mile away. cess at the end of Fifth Avenue South are heavily used, 57> of Fon 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 the problem, 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 Strain said. Jernment." q Y g 26, 1959 in Birmingham, AL 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, t- f -—, 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- mingham. She p completed huge new towns like Rural Lands West and Ave Maria, spaces at these access points,beaches near the mansions traffic along the beach will be terrible,"he predicted. are among the most uncrowded in the region—although her Bachelor's Degree at Edi- What's more,because many of the county's beach ac- people sometimes park illegally to get to them. son College and went on to cesspoints have nopublic parkingnearby,theyare for all "Peoplepark onyards and shrubs,so we have to send complete her certification in P 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 It Most recently, she worked at Such inaccessible access points include the roughly 2- secluded beach access points,Moss said. I klhome in claims review. mile stretch on North Gulfshore Drive from Vanderbilt "We're not looking for ways to help people get to the i '!z,' ,.. . / I Rebecca is survived by her Road to 110th Street,or the beach along Pelican Bay. beaches here,"he said. x "- 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 �. 1 ,�� Kurt Markgraf; her children: ing a spot. spots from$1.50 to$2.50 an hour and put in meters that �,., Max Markgraf, 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 rently attending the receive ten found the five to ei ht s aces rovided for bikes on million in revenue to theci said LisaDou lass theci 's � s.44 ity of South Florida to receive g p p �'� Douglass, city's /V r ' £ his Bachelor's Degree and beach access racks "really packed." "Sometimes there billing and collection manager. Melissa Matkgraf currently was no place to lock up your bike,"he said. When people pay meters with coins,she said,they stay livingin England where she is Other times, especially during the stormy summer only as long as the jingle in their pockets will allow. studing forherMaster's De- months,parking lots flood to the point of being nearly im- "But people are more apt to overpay with credit cards 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. (nee Day)Smith. Carl Schwing,manager of the city of Bonita Springs, Fort Myers Beach resident Jimmy Masterson,52, saidFuneral arrangements are 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 j 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. 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 be land hotels in the city to add about 200 public parking amount in 2013 at Bonita Beach Access No.10,Bowditch held from pte —er 2 , 2 on spaces to their hotel lots.They'd then take residents and and Bunche Beach. Sunday, September 25, 2016 p Y 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 shuttles,wouldn't be subject to the from$1.34 million in 2013 to$1.54 million in 2015. 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