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Agenda 12/17/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 17, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THiS AGENDA MUST BE SUBMI'i-I'ED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 December 17, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. November 19, 2002- Regular Meeting (Ex e SERVICE AWARDS A. Twenty-Year Attendee: 1) Helen Ortega, Emergency Medical Services B. Twenty-Five Year Attendee: 1) Larry Henry, Transportation Operations 4. PROCLAMATIONS Proclamation to recognize Saturday, December 21, 2002, as National Homeless Persons' Awareness Day. To be accepted by Mr. George Drobinski, District Director of Catholic Charities of Collier County and Mary Soucek, Chairwomen of the Hunter and Homeless Coalition. PRESENTATIONS PUBLIC PETITIONS A. Public Petition request from Mr. Tor Kolflat to discuss Grey Oaks Exclusion from Livingston Road Beautification Phase il MSTU. 2 December 17, 2002 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2705, Steven Jacobs, of Tristar Development of Naples, LLC, requesting a 10-foot variance from the required 20-foot front yard setback to 10 feet for property located at 4800 Yacht Harbor Drive, further described as Lot 1.1, Tract M, Windstar Subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS This item has been continued from the November 5~ 2002 BCC Meetinq. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR-1649, Robert L. Duane, o! Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East Side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. B. This item has been deleted. This item has been continued from the November 19~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DOA-2002-AR-2567, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Development of Regional Impact (DRI), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet and to correct a Scrivener's Error contained within the development order for property located North of VanderbiLt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. This item has been continued from the November 19~ 2002 BCC Meetin.q. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002-AR-2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. 3 December 17, 2002 E. This item has a Time Certain of 10:00 a.m. This item has been continued from the December 3~ 2002 BCC Meetin_q. An Ordinance creating the South 8 Street/Doak Avenue Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses, taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Rate; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. This item has a Time Certain and will be heard immediately following Item 8E. This item has been continued from the December 3~ 2002 BCC Meetinq. Ar~ Ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit; providing the authority, providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses; taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Road; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. This item has been continued from the November 19t 2002 BCC MeetinCl. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-431, James G. O'Gara, representing Park East Development Ltd., requesting a rezone from "PUD" Planned Unit Development to PUD for the purpose of amending the Founders Plaza PUD to allow additional small-scale retail land uses only on those parcels that exceed 150 feet in depth for property located on the North and South sides of Golden Gate Parkway (CR 886) and at the Santa Barbara Canal Crossing in Section 28, Township 49 South, Range 26 East, Collier County, Florida. H. This item has a Time Certain of 1:00 p.m,. Consideration of an Ordinance that establishes a Collier County Human Relations Commission. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Ochopee Fire Control District Advisory Committee. B. Appointment of member to the Library Advisory Board. 4 December 17, 2002 C. Appointment of members to the Golden Gate Beautification Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Adopt a Resolution authorizing Condemnation of Fee Simple Title Interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Norman Feder, Administrator, Transportation) B. Adopt a Resolution authorizing Condemnation of Right-of-Way and/or Easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact $5,434,100. (Norman Feder, Administrator, Transportation) C. Approve the Award and Subsequent Construction Contract for the North County Water Reclamation Facility Expansion to 24.1-Million Gallons Per Day Maximum Month Average Daily Flow, to Low Bidder, Encore Construction Company, Project 73950, Bid 02-3418, in the base bid amount of $24,861,000. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 5 December 17, 2002 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit No. 59.838/AR-3388 "Ron Beaver Commercial Excavation", located in Section 21, Township 48 South, Range 28, East; bounded on the North by 31't Avenue NE Right-of-Way, on the West by DeSoto Boulevard Right-of-Way, on the East by Vacant Agriculture Zoning, and on the South by Vacant Estates Zoning. 2) Approval of the Satisfaction of Lien for Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr., regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 3) Code Enforcement Lien Resolution approvals. 4) Petition AVESMT2002-AR2788 to vacate, renounce and disclaim a portion of the easement recorded by separate instrument in the Public Records of Collier County, Florida. Located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. 5) Request to approve for recording the final plat of "Tract M of Windstar Replat". 6) Request to grant final acceptance of the roadway, drainage, water and -~ sewer improvements for the final plat of "Pelican Marsh Unit Eleven". 7) Request to approve for recording the final plat of "Montreux Unit Two at Fiddler's Creek". 8) Approval of the Satisfaction of Uen for Code Enforcement Board Case No. 2001-078 styled Board of County Commissioners Collier County, Florida vs. Ricky L. Bell regarding violation of Section(s) 2.7.6 par. (1 & 5) of ordinance No. 91-102, the Collier County Land Development Code and Section(s) 104.1.1, 105.5, 106.3.1 of ordinance No. 98-76, the Collier County Building Construction Administrative Code. 9) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-062 styled Board of County Commissioners Collier County, Florida vs. B.F. Ft. Myers Inc., regarding violation of Sections 2.4.3.6,2.4.3.7 and 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 10) Approve $21,200 in Capital and $7,200 in Operating Costs to ~und the Broadcast of Channel 16, the Collier County Government Access Channels, to the AOL/'Time Warner Cable System in Immokalee. 11) Adopt Resolution designating the new Tourism Marketing Office of Collier County Government as the Greater Naples, Marco Island, and the Everglades Convention and Visitors Bureau. 6 December 17, 2002 12) Approve two Lease Agreements with C.P.O.C. Realty for office space to be occupied by Community Development and Environmental Services Division Staff and County Attorney Legal Staff at an annual rent and common maintenance fee of $60,370. 13) The Board of County Commissioners acting as the Community Redevelopment A~encv: **Note: The Lee County Electric Cooperative (LCEC) is still reviewing the proposed CDBG contract between LCEC and the Collier County Community Redevelopment Agency (CRA). Attached is the contract as forwarded to LCEC for review. The original signed copy from LCEC should be present for Commission Fiala's signature at the December 17, 2002 hearing.** Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an Agreement with Lee County Electric Cooperative (LCEC) for the installation and/or upgrade of approximately 45 streetlights in Immokalee using $60,000 of Collier County's Community Development Block Grant (CDBG) Funding. 14) Approval of First Amendment to Tourism Agreement with Kelley Swofford Roy, Inc., to include FY02/03 Marketing and Advertising Budget in the amount of $602,000.00, as recommended by the Tourist Development Council. B. TRANSPORTATION SERVICES 1) Request Board approval for the Landscape Maintenance Agreement with FP&L for the future landscaping and maintenance along the West side of Livingston Road and North side of Golden Gate Parkway adjacent to the Florida Power and Light Substation. 2) Request the Board approve the donation of four decorative light poles by the Bayshore Beautification MSTU to the Naples Botanical Garden. 3) Approve Selection Committee ranking of consulting firms and subsequent contract negotiations for professional design and engineering services for 4-lane road improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard, Project No. 60169, RFP 03-3446. 4) Approve Developer Contribution Agreement with G.L. Hardy, Ltd. As developer for road impact credits and vesting rights in exchange for the design and construction of the NoH~hwan~ Extension of Logan Boulevard. All rights to developer under the Developer Contribution Agreement are subject to developer complying with all conditions of the agreement imposed by the County. 5) Approve Professional Services Agreement No. 02-3398 in the amount of $1,404,387.00 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between ~-. Golden Gate Boulevard and Immokalee Road, Project No. 65061. 6) Approve Third Developer Contribution Agreement with Long Bay Partners, LLC to amend the area in the original agreement. 7 December 17, 2002 7) Approve an Easement Agreement and accept an Access Easement with Keith and Deborah Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13~h Street SW. Fiscal Impact $5,100.00. Project No. 69068. 8) Approve an Easement Agreement and accept an Access Easement with Joan M. Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13th Street SW. Fiscal Impact $5,100.00. Project No. 69068. 9) Approve a Supplemental Agreement for the ~ocai Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to add multiple-year funding verbiage as requested by the FDOT and to modify the Agreement to provide a combination of sidewalks and paved shoulders at no additional expense to the County. 10) Recommendation to approve the purchase of eight (8) diesel powered riding mowers for the Road Maintenance Department from State Contract 3515-630-00-1 in the amount of $107,875.44. 11) Board approval to utilize insurance proceeds, transit enhancement funds and federal transit administration funding to purchase three new transit buses and reject award of Bid #02-3428. 12) A Resolution of the Collier County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5311 (Operating Assistance) Funds. C. PUBLIC UTILITIES 1) Approve Relocation Agreement with Florida Power and Light Company related to South County Water Reclamation Facility Expansion, in the amount of $6,116, Project 73949. 2) Adopt a Resolution and grant a Conservation Easement to the Florida Department of Environmental Protection required for the South County Water Reclamation Facility Expansion at a cost not to exceed $50.00, Project No. 73949. 3) Amend Work Order CDM-FT-01-02 for Utility Engineering Services related to improving welifield reliability in the amount of $83,000, Project 70066. 4) Award Contract to construct the North County Water Reclamation Facility Deep Injection Well Pump Station, Bid #03-3442, Project 73948, in the amount of $4,740,000. 5) Approve a Construction Work Order for the relocation of water and sewer .... mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to East of SR 951 in the amount of $308,533.00. 8 December 17, 2002 6) Approve a Budget Amendment for Engineering Services related to the design and permitting of County Beach Renourishment, Project 90527, in the amount of $635,000. D. PUBLIC SERVICES 1) Award of Bid #03-3437 for rental of portable toilets to Waste Management of Collier County, Inc. 2) Award Bid #03-3461 in the amount of $62,850 to Finishing by Baker, Inc. for resurfacing of the main pool at Golden Gate Aquatic Complex. 3) Award Work Order PBS-02-09 in the amount of $97,053 to Professional 'Building Systems, Inc., for the renovation of Caxambas Boat Ramp and the removal and restoration of the Collier Boulevard Boat Ramp. 4) Approve a Budget Amendment to ensure continuous funding of the Older Americans Act Grant. 5) Approve an Emergency Medical Services (EMS) County Grant, County Grant Distribution Form, and a Resolution for Training Data Collection Equipment, Computer Software, and Medical/Rescue Equipment. 6) Approve the Budget Amendment to the Older Americans Act Grant Contract. ADMINISTRATIVE SERVICES 1) To Award Bid #03-3443 for purchase and delivery of bottled drinking water at an annual cost of $35,000. 2) Award Contract for Management Services for Pelican Bay Services Division pursuant to RFP #02-3411, in the annual amount of $48,000. 3) Award Bid #03-3426 for Quick Copy Services, estimated annual cost of $30,000. 4) Approve Budget Amendment to complete the implementation of the new integrated Financial Management System. F. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 9 December 17, 2002 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2r~ Floor, W. Harmon Turner Building, 3301 East Tamiami Trail. K. COUNTY ATTORNEY 1) Approve of the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcels 120A and 120B in the Lawsuit entitled Collier County v. Collier Development Corporation, et al, (Goodlette-Frank Road, Pine Ridge Road to Vanderbiit Beach Road Project) in the amount of $2,500. 2) Authorize the making of an Offer of Judgment to Respondents Lorenzo Diaz and Cecilia Diaz, both individually and as trustees, for Parcel No. 169 in the amount of $14,400 in the Lawsuit styled Collier County v. ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 3) Authorize the making of an Offer of Judgment to Respondents Earl E. Lightcap, Jr., and Barbara C. Lightcap, for Parcel No. 170 in the amount of $12,600 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 4) Authorize the making of an Offer of Judgment to Respondents Ronald Combs and Phyllis J. Combs, for Parcel No. 172 in the amount of $79,560 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02- 2159-CA (Immokalee Road Project #60018). 5) Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership, et al, Case No. 02-1602-CA (Goodlette-Frank Road Project #60134). 6) Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples Inc., et al v. Board of County Commissioners for Collier County, Florida, et al, Case No. 2:01- CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. 10 December 17, 2002 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-02-AR-3278, Richard G. Lewis of Anchor Engineering Inc., representing Collier County Government, John Jones, Library Director, requesting a Conditional Use for an Essential Service within the "RSF-3" Residential Single Family Zoning District for property located at the Southwest Corner of Immokalee Drive and First Street in Section 4, Township 47 South, Range 29 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002-AR-2736, D. Wayne Arnold of Q. Grady Minor, P.A., representing Gary A. Link of Tadpole Holdings LLC, requesting an amendment to the "The Falls of Naples" Planned Unit Development (PUD), for the purpose of reducing the minimum accessory structure setback from 50 feet to 25 feet from Airport-Pulling Road for property located on the Southwest Corner of Pine Ridge Road (CR 896) and Airport-Pulling Road (CR 31) in Section 14, Township 49 South, Range 25 East, Collier County, Florida. An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the immokalee Area; providing for repeal of Ordinance No. 91-97, as amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. 11 December 17, 2002 This item is bein.q continued to the January 147 2003 BCC Meeting. PUDZ- 2001-AR-1749, William L. Hoover, of Hoover Planning and Development Inc., representing Mark L. Linder, Trustee, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development known as The Mission Hills PUD, for a commercial shopping center for property located at the northeast corner of Vanderbiit Beach Road and Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 33.45+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 December 1'7, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 17, 2002 ADD ITEM 5(A): Presentation of a check to the Board of County Commissioners from the Florida Local Government Finance Commission to be presented by John Yonkosky. CONTINUE ITEM 8(A) to February 11, 2003 BCC Meetin.q: RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located south of Immokalee Road on the east side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) ADD ITEM 9(D): Discussion of an invitation by the Collier County Airport Authority to designate a member of the Board of County Commissioners to become a member of the selection committee to participate in the selection and salary process for the Airport Authority's Executive Director's position. (Commissioner Coletta request.) CONTINUE ITEM 10(A) to January 14, 2003 BCC Meeting: Adopt a Resolution authorizing Condemnation of Fee Simple Title Interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Staff request.) ADD 16(A)15: Request to approve for recording the final plat of "Carlton Lakes Unit 3C", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. (Staff request. MOVE ITEM 16(B)5 to 10(D): Approve Professional Services Agreement No. 02- 3398 in the amount of $1,404,387 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, Project No. 65061. (Commissioners Fiala and Henning request.) CONTINUE ITEM 16(K)5 to January 14, 2003 BCC meetin.q: Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership, et al, Case No. 02-1602-CA (Goodlette-Frank Road Project #60134). (Petitioner request.) Page 2 Changes - 12117/02 BCC Agenda MOVE ITEM 16(K)6 to 12(A): Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples, Inc., et al v. Board of County Commissioners for Collier County, FL, et al, Case No. 2:01-CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (Commissioners' request.) MOVE ITEM 17(C) to 8(I): An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the Immokalee Area; providing for repeal of Ordinance No. 91-97, as amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. (County Attorney request.) NOTE: Item 16(A)13 - The Board is acting as the CRA and not the BCC when consenting this item. , PRO~LAAdA TZON WHE'REA$, ~aeo~hers have shov~ that over 7~ million adult~ ~tionwide have been homeless at stone point in their IiveL and that well over 6)', 600 people are homeless on an), given night; and, with the continued downtun~ in ooe econom), resulting in employment layd~s and ~u~c~, th~ mm~ of i~ivid~l~ and on ala~i~ ~te; a~, IqN~EAS, the number of homele.~ children today make up over ~9% of our homeless population; and, WHEREAS, in Collier County it is est/mated that at any point i/n time there are over 800 men, women and children homeless; and, WHEREAS, over fifty years has passed since the Hou~ing Act of 7949 called £or a decent enwronment £or every American the is made up of thec~'" ''~Of s~~" ' .... ~,~~.~. ~_ ~ coo~ino~ton of ~;~.: &~ ..~i.~' fo.~'~'nnd;~~~ Co/Ii/er Count; ,,,~.. ~t~y ...... . ...... - ....~- . _ ,~..;~ ..... h~r_,~d ho~~ i~~s t~ enfi~ ~i~, and each i~'~ in a c~~ .c~ m~e a diffe~:b~d/n9 solutio~ w/~ ~ess. -.- NOW National ~~w~s$ Day DONE AND ORDERED Tt~$ / )'th Da), of December BROCK, CLERK COLLIER COUNTY MANAGER'S OFFICE November 27, 2002 Mr. Tor Kolflat President, Board of Directors Grey Oaks Estates Homeowners Association 2713 Buckthom Way Naples, FL 34105 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request to Discuss Grey Oaks Exclusion From Livingston Road Beautification Phase II MSTU Dear Mr. Kolflat: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 17, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator DEC 17 2002 GREY OAKS ESTATES HOMEOWNERS ASSCIATION BOARD OF DIRECTORS CiO 27'13 BUCKTHORN WAY, NAPLES FL, 34'105 TELEPHONE 239-43S-037.1 FAX 239-435-0373 NUY 2r. 2 Jim Mudd, County Manager Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Over 300 property owners in Grey Oaks have signed a petition to be excluded from the Livingston Road Beautification Phase H MSTU. Confirming my discussion with Judy Bodine of your office today we would like to appear on the December 17, 2002 agenda as a public petition to propose the exclusion of Grey Oaks property owners from the Livingston Road Beautification Phase II MSTU. If you upon review have any questions please do not hesitate to contact me. Sincerely, Tor Kolflat President Board of Directors Grey Oaks Estates Homeowners Association DEC 172002 i EXECUTIVE SUMMARY VA-2002-AR-2705, STEVEN JACOBS, OF TRISTAR DEVELOPMENT OF NAPLES, LLC, REQUESTING A 10-FOOT VARIANCE FROM THE REQUIRED 20-FOOT FRONT YARD SETBACK TO 10 FEET FOR PROPERTY LOCATED AT 4800 YACHT HARBOR DRIVE, FURTHER DESCRIBED AS LOT 1.1, TRACT M, WINDSTAR SUBDIVISION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 10-foot variance from the required 20-foot front yard setback to 10 feet for a proposed multi-family building abutting a golf course tract. CONSIDERATIONS: The Windstar PUD permits multi-family buildings to have a rear setback of zero when abutting a golf course tract. The Site Development Plan for Windward Cay at Windstar was submitted indicating a O-foot rear yard setback abutting the golf course. However, representatives of the Windstar Club Board of Directors objected, stating that the O-foot setback created a hazard to golfers in this particular location. The proposed variance would allow the building to be shifted closer to the road, away from the golf course. If the building were built without a variance it would almost directly abut a golf course green. The Windstar Club Board of Directors believe a building in this location will create a hazard to homeowners and support the variance to move the proposed building farther from the green. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. DEC !7200 ' ENVIRONMENTAL ISSUES: The site is the last multi-family parcel in Windstar. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on November 21, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. Several homeowners, both in support and in opposition, spoke. The CCPC debated the proposed variance and several compromise alternatives, such as reducing the variance to 5 feet. The Planning Commission voted 6 to 0 to forward the petition for a 10-foot variance to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the encroachment is ameliorated by being adjacent to the street (across which is a lake) and likely will not be injurious to the neighborhood or otherwise detrimental to the public welfare. This variance ,~etition was mutually agreeable to the developer and association as a solution to a perceived Safety problem on the golf course. Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2705 to the BZA with a recommendation of approval, subject to the conditions in the resolution. DEC 17 2002 2 PREPARED BY: ~IS DATE PRINCIPAL PLANNER REVIEWED BY: RAy U BELLOWS DATE CHIEF PLANNER MARGA~T WUERSTLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: ~ / J~SiPH ,II,K,. S(~H~II~ DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/'V A-2002-AR- 2705 DEC 1 7 2002 3 Pi, ''~ ,., AGENDA ITEM 8-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 30, 2002 SUBJECT: PETITION VA-2002-AR-2705 AGENT/APPLICANT: OWNER: Tristar Development of Naples, LLC 6201 Lee Ann Lane Naples, FL 34109 REQUESTED ACTION: The petitioner requests a 10-foot variance from the required 20-foot fi'ont yard setback to 10 feet for a proposed multi-family building abutting a golf course tract. GEOGRAPHIC LOCATION: The subject property is located at 4800 Yacht Harbor Drive in the Windstar PUD. PURPOSE/DESCRIPTION OF PROJECT: The Windstar PUD permits multi-family buildings to have a rear setback of zero when abutting a golf course tract. The Site Development Plan for Windward Cay at Windstar was submitted indicating a O-foot rear yard setback abutting the golf course. However, representatives of the Windstar Club Board of Directors objected, stating that the O-foot setback created a hazard to golfers in this particular location. The proposed variance would allow the building to be shifted closer to the road, away from the golf course. A~NOA ~aa:..M~ The Board of Directors supports the proposed variance as proposed by the develop ;r inl~:der E 7~ create a safer environment for golfers. DEC 1 7 2002 SURROUNDING LAND USE AND ZONING: Subject: Multi-family tract; zoned PUD Surrounding: Northeast- Villa residences; zoned PUD Northwest - Multi-family residences; zoned PUD South - Villa residences; zoned PUD Southwest - Golf course; zoned PUD DEC 17 2002 2 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Sur~reY and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT:. Approval of this variance request will have no effect on infrastructure, transportation or the -- environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. A multi-family structure can be built on the parcel within the required setbacks. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the propert3 subject of the variance request? DEC, 1 7 2002 3 pg._ q Yes. The existing golf course is configured so that the building, as currently configured, ") would almost directly abut a golf course green. The Windstar Club Board of Directors believe a building in this location will create a hazard to homeowners and desire to move the proposed building farther fi.om the green. 3. Will a literal interpretation of the provisions of this Laud Development Code work unnecessary, and undue hardship on the applicant? No. There is no land-related hardship. Granting of the requested variance will allow the applicant to build a structure of the desired size, dimension and location, however, it is possible to construct a building without the use of a variance. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The proposed building, built at a O-foot rear yard setback, is a reasonable use of the land. However, the requested variance will be the minimum required to construct the building with the configuration desired by the petitioner and association. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller front yard than that which would be permitted for a similar lot in the Windstar PUD. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherv,'ise detrimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. It is staff's opinion that the variance will not be injurious to the neighborhood because the encroachment is primarily oriented towards the street, across which is a lake. Furthermore, the proposed structure is located at the end of the tract and the adjacent parcel is incorporated into the golf course. 7. Are there natural conditions or physically induced conditions that ameliorate the _ goals and objectives of the regulation such as natural preserves, lag etc.? [lEE I 7 2002 Yes. The encroachment is adjacent to a street, across which is a lake. No objections have been received. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of thc Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the encroachment is ameliorated by being adjacent to the street (across which is a lake) and likely will not be injurious to the neighborhood or otherwise detrimental to the public welfare. This variance petition was mutually agreeable to the developer and association as a solution to a perceived safety problem on the golf course. Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2705 to the BZA with a recommendation of approval, subject to the conditions in the resolution. 5 PREPARED BY: F~L~~ ~ DATE/~'- S~-o,~ , AICP - PRINCIPAL PLANNER REVIEWED BY: # MuRR.Tk¥, AICP ) DATE CURRENT PLANNING MANAGER MARGARET~ERS~LE, ~ICP DATE PLA~G ~ICES DIRECTOR APPROVED BY: OMM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADM~IST~TOR ~etition Number: VA-2002-AR-2705 Collier Coun~ Planning Commission: ~ETH L. ABE~AT~, C~I~AN DEC 1 7 2002 p~. L., VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA-2002-AR-2705 Petition No. Date Petition Received: PROJECT #19990501 DATE: 6/19/02 FRED REISCHL Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Tristar Development of Naples, LLC Petitioncr'sAddress: 6201 Lee Ann Lane Naples, FL 34109 Telephone: 94t-514-3100 Agent's Name: Steven Jacobs Agcnt'sAddress: 6201 Lee Ann Lane Naples, FL 34109 Telephone: 941-514-3100 DEC 1 7 2002 Application for Variance Petition- 8/98 Page 1 ,f 8 Pt. I [ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name ofHomeownerAssociafion: The Windstmr Condominium. .qe~tion, One Mailing Address 267 N. Collier Blvd CitYPI~L~._I,.~ StateF. A__Zip 34145 Name of Homeowner Association: Mailing Address city State Zip Name of Homeowner Association: Mailing Address City State ~ Zip, Name of Master Association: Windstar Master Association, Inc MailingAddressl700 WIndstar B1vd CityNaples State Fi Zip 34112 Name of Civic Association: Mailing Address City State Zip, PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Windstar Unit Lot (s) [~ [ Block(s) Section 14 Twp. 50 Range 25 Property I.D. # 082840640101 Metes & Bounds Descr/pfion: N/A ~ ~"~'~ DEC I 7 2002 Application for Variance Petition - 8/98 Page l of 8 ~ 2 Address of Subject Property: 4S00 Yachl-. Rabor Drive. Naples . FL 34112 (If difl'erent from Petitioner's addre.~)-- Current Zoning and Land use of Subject Parcel: ~,~?~F 3 ~ ~ ~ Adjacent Zoning & Land Use: ZONING LAND-USE PUD Proposed RMF 6unit Building S PUD Green Space/Golf Course W PUD Qolf Course E PUD ROW Minimum Yard Requirements for Subject Property: Front: 2n r,-,,~-_ ComerLot: Yes F--] No [] Side: ~--~--~-course WaterfrontLot: Yes[--] No[~ all others 10 FT. Re~:~_F-~-~q~-course ali others 20 FT. DEC 1 7 2002 Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using number% i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number ($) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The variance is being requested as a result of health & safety issues due to the closeness of our proposed structure to an existing golfing green. While setback'criteria has been met it is non feasable to place habitable units as close as allowed, We are requesting the front yard set back be reduced from the required 20' to zero which will allow us to bring the buildinq forward to the existinq utility easement. Due to e×istinq Riqht of way and utility easement there is still in excess of 30' from back of curb to the proposed building location. It will DEC ! ? 2002 .,. jLi- _ Application for Variance Petition - 8/98 Page 4 ol 8 Board of zoning Appeals, and that the Board of-rrnln_o at~peab shall be guided in its d~m22~afion deny a variance petition by the below ~ criteria (1-8). (Please addve~ t1~ crzter~ tmng necessary.) 1. Arc there special conditions and c~-umsunces existing which arc peculiar to the location, size and chazactemtics of the land, ~ or building involved. Set backs allow for zero set bac~ along the aolf course which place building number three extremlv close to the existing green on hole number 6. 2. A=,e&crespec-ialcorkUtiomandcb-c-,rm-~anccswhi~trcsultfirvmtheacti~ oftheapplic~nt ~ch~ ~c-cxis~g ~n~ons~em &epropertywhich~them~ectofthevaxianccvequest= V~ ~r~ ~-d p!~ did not utilize ~!! the .- buildable area and w~re ~e~ further away from the area effected. The problem was not detected until all design work was completed. 3. W~ a l~,ral intexprctafion of t~ prcsvisJons of ~i~ zotzing code work zmnez:cssazY and m2dnc "~? '- ....~ yes, the proposed occupied unitm w~! be subjected fO errant ~olf~n~ nlav as ~ r~ult of theft ~l~n~. 4. Will the variance, il'granted, be the mi-~un variance that will make possz'blc the reasonable use of the land, building or structure and which promot~ standards of health, safety or welftrc. Yes, the requested variance will increase the q~een area ate the rear of Building 3, moving it out of the field of play. DEC I 7 2002 Application for YarJanee Petition - 8/98 Page $ ( '8 pg. 5. Will granting the variance requ~ confer on th~ petitioner any ~ griv~¢ that i, 6mi~ by these zoning rcgulatiom ~o other lan&, buildings, or gauctu~es ia the same zoning district Not Windstar is 100~ completed less the sub,oct property. The varaince requested is special only to this property. 6. W~granting~evariance~h~.'mony~e~tcnt~dpm-po~ofthiszoningc~c,~dnot~ ~urio~to~enci~ood, oro~ctnvise~u~gn~to~epub~ weff~e. Yes, the varaince will actually provide a safer environment'; 7. Are there natural conditiom or physically induced conditions that ameliorate thc goals and objectives of thc regulation such as natural ptese~cs, lakes, golf coupe, etc. Yes, the positioning of the golf course as related to the proposed building number 3. W~granting~evariance ~co~tent~ ~¢~owthmanagem~tpl~. meets all growth manag~m~n~ plan DEC 17 2002 Application for Variance Petition - 8~98 Page 6 of 8 Pg' VARLANCE PETITION APPLICATION SUBMITFAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITFED WITH APPLICATION PACKET! RE UIREMENTS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in fee0 5. Site Plan depicting the following: 15 a) AH property boundaries & dimensions b) All existing and proposed structures 0abeled as c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Applicaton fee and Data Conversion - fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements- - As the authorized agent/applicant for this petition, I attest that all of the information indicated on thi~ checklist is included in tiffs subrrfirtal 1I undersumd that failure to include all necessary submi~al information may result in the delay Ithis petition. Signature AGr~U¥~ I'llga --' DEC 1 ? 2002 "" Applicagon for Variance Petition - 8/98 Page 7, i 0 ~4FFID.4 FIT We/7, being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. WefI understand that the information requested on this application must be complete and accurate and that the content of this forrn, whether computer generated or County printed shah not be altered. _Public hearings will not be advertised until this application is deemed complete, and ail required information has been submitted. As property owner We. fi. further authorize ~+~,~J ~ ~ ~ c..O b~ to act ~ o~~ tny matters regarding this Petiti~n. ~ig~ture o.~rP~-ope~y Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Pm'nted Name of Owner The foregoing instrument was acknowledged before me this day of , 1.9__.., by who is personally known to me or has produced as identification. · State of Florida (Signature of Notary Public - State of County of Collier Florida) (Print, Type, or Stamp Corem ~sio~i~d-- Name of Notary Public) DEC 1 7 2002 Application for Variance Petition - 8/98 Page 8 o: 8 Windstar Mastec Associatioa, Inc. May 29, 2002 Collier County Government Mr. Fred Reischl, Principal Planner 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Windstar - Windward Cay Phase III Tri-Star Development of Naples, LLC - Applicant Dear Mr. Reischl, This letter is written on behalf of the Windstar Master Association Board of Directors. The Board of Directors has reviewed the variance request as submitted by the applicant "Tri-Star Development of Naples, LLC." The Board of Directors has worked with the applicant and the Windstar Club Board of Directors to provide the suggested remedy and support. -~- The variance as requested is vital to assure the harmony of the community and to buffer future homeowners fi.om errant golf balls. Thank you in advance for your consideration in approving the above mentioned variance. Sincerely, W1NDSTAR MASTER ASSOCIATION, INC. //~m C. Fink, Jr., President DEC: I 7 2002 STAI II on Naples Bay l· May 24, 2002 Collier County Government Attention: Fred Reischl, Principal Planner 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Reischh I am writing this letter on behalf of the Windstar Club Board of Directors. The Board of Directors has reviewed the variance request by TriStar Development of Naples LLC. The Board has worked with the applicant to provide the requested remedy and we are offering our support. It is important to us to have the request for the variance approved in order to help buffer the golf course, and provide additional green space for health and safety from errant golf shots. Thank you for considering this request. Sincerely, , Carl MagnussO'n President DEC !7 2002 i Windstar on ~apies Bay Pi['~ ,, ! !7Q3 Windstar Boulevard · Naples. Florida 34112 - {941) 775-34(X) · FAX (941) 775-9771 Division of Corporations Page 1 of 2 Florida Dcpartment o£ State, Division of Cotvorations Florida Limited Liabili~ TmSTAR DE~LOP~NT OF NAPLES, LLC PRINCIPAL ADDRESS 6201 LEE ANN LANE NAPLES FL 34109 MAILING ADDRESS 6201 LEE ANN LANE NAPLES FL 34109 Document Number FEI Number Date Filed LO 1000005226 593752403 04/02/2001 State Status Effective Date FL ACTIVE NONE Total Contribution 0.00 Registered Agent IiName&Addressil WOOD, DOUGLAS A ESQ. C/O SIESKY, PILON, & WOOD 1000 TAMIAM1 TRAIL NORTH, SUITE 201 NAPLES FL 34102 Manager/Member Detail Name & Address II Title WHALEN, MICHAEL $ 6201 LEEANN LANE D NAPLES FL 34109 JACOBS, STEVEN NAPLES FL 34109 DEC 1 7 2002 .../cordet.exe?a 1 =DETFIL&n 1 =LO 1000005226&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=l 0/30/2002 RESOLUTION NO. 02-~ RELATING TO PETITION NUMBER VA_2002-AR-2705, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10-foot variance fxom the required 20- foot fl'ont yard setback to 10 feet as shown on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that The Petition VA-2002--AR-2705 filed by Steven Jacob of Tristar Development of Naples, LLC, representing Tristar Development of Naples, LLC, with respect to the property hereinMter described as: Lot 1.1, Windstar Subdivision, Tract M, as recorded in Plat Book 14, Pages 11-15, in the Official R3cord Books of collier County, Florida be and the same hereby is approved for a 10 -foot variance from the required iront yard setback nf 20 feet to 10 feet as shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, anY reconstruction shall conform to the __ - provisions of the Land Development Code in effect at the time of reconstruction. AG~lar~ 131[l~ DEC 1 7 2002 NOW, BE IT RESOLVED that this Resolution relating to Petition Number VA-2002oAR-2705 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Ma~jorie M. Student Assistant County Attorney VA -2002oAR-2705/FRYlo DEC 17 20O2 I ~--I __--,---- "'? ~-- r-~ I I I I ,~ .... /"~.. .?~ . ,--.--? ~ ..... ~ _ .:. ~.. .. , ~ , ., ~ ...... ~ ;' ,~, . ~ · ,. ~:,~:-. ~ .- , ..... ..~ , ~ . '"'~:~~ ,' · ~ / .:.~. , /  . . /.. ' '. ~... ~ I ~ ~ . , / /// / ~ / / ,/ / / ,' / / VA-2002-AR-2705 /' /' PRO'CT ~19990501 ' DATE: 6/19/02 .. / ,/ ~ ~ISCHL ~~ ~Ze'~ EXHIBIT "A" EXECUTIVE SUMMARY RZ.2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES, INC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with thc Collier County Growth Management Plan and Land Development Code and is in thc best interest of the community. CONSIDERATIONS: The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercisl Professional and General Office (C-l) zoning district for approximately 3.51 acres of undeveloped land. An eight-foot strip of the property abuts Immokalee Road. The property continues south along Veterans' Park Drive, becoming wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and South. hampton PUD. The eastern boundary of the buildable site abuts a small waterbody known by several names, including the Cocohatchee River. Section 2.2.12 of the LDC (Commercial Professional and General Office District - C-l) states that the purpose and intent of the C-1 district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voluntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses. Staff believes that the commercial uses proposed may be deemed consistent with the Future Land Use Element only if the BCC finds and interprets that these uses comply with the Office and Infill Commercial (OIC) Subdistrict. More particularly, the BCC would need to find that: 1. It is appropriate or acceptable for the site to have only 8 feet of frontage on an arterial road (Immokalee Road) - while the developable portion of the site is 750' south of that arterial road; and, 2. The adjacent tract in Surrey Place PUD - which permits institutional uses such as Assisted Living Facilities and nursing homes - constitutes "commercial zoning"; and, DEC ! ? 2002 3. Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; and, 4. The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses; drug store is a C-2 use) - constitute "commercial zoning"; and, 5. The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. The petitioner believes that proposed rezone meets these criteria. Staff believes the proposed rezone technically meets the :riteria, but does not meet the intent of the OIC subdistrict. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved wi.l! result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: $578 $ 578 · Libraries Impact Fee: $180 $ 181 · Fire Impact Fee: $0.30 per square foot under roof $ 9,000 · Road Impact Fee: $2,453.00 per 1,000 square feet $73,590 · Correctional Facility: $1.3260 per square foot $39,780 · EMS Impact Fee: $299.00 per 1,000 square feet $ 8,970 The estimated total amount of impact fees for the proposed rezone is $132,099. It should be noted that because impact fees vary by type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The reven, ,~ t},o, ,,,m ~ AGENDA ITEM^ DEC 1 7 2002 2 Pi[, ~ generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street ... except for an intervening local street." A detailed analysis of the proposed rezone's compatibility with the Office and Infill Commercial subdistrict of the Future Land Use Element of the Growth Management Plan can be found in the attached Planning Commission Staff Report. ENVIRONMENTAL ISSUES: Environmental review determined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (1 acre or more) for the gopher tortoises and shall be in compliance with Section 3.11 of the Collier County Land Development Code (which may allow off-site relocation, if certain conditions are met). ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it did not meet the size threshold. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 3, 2002. County staff, the petitioner and neighborhood residents were heard. The neighbors spoke in opposition to the petition, stating that they bought their property based on the fact that the neighboring (subject) property is zoned residential. The subject parcel is shown on the plat for Southwind Estates, but is labeled "not a part of this plat". Neighbors at the hearing indicated that a replat had been shown to them, indicating a bridge No.GE~A A ITE~ DEC 1 7 2002 across the waterway to proposed residential lots on the subject property. Staff has found no evidence that this replat was ever submitted to the County for review or recording. A motion was made by Commissioner Richardson, to recommend denial, based on the opinion that the rezone did not meet the five findings enumerated by staff. The motion failed, 3 to 6. A motion was then made by Commissioner Strain to forward the petition with a recommendation of approval, limiting the buildings to one-story with a maximum of 18 feet, and providing a sidewalk fi.om Bethany Place to Veterans' Park Drive. His motion was based on the fact that Veterans' Park Drive is no longer a residential street, since the fire station and Veterans' Park have been built. In addition, the PUDs to the west will also contain non-residential uses. If the subject property were developed with residential uses, as currently zoned, he does not believe that this is compatible with the adjacent property. That motion to recommend approval of petition RZ-2001-AR-1649 with conditions was approved by a vote of 9 to 0. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with thc applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of thc attached CCPC staff report. Staff's analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only development with residential access off Veterans' Park Drive. Staff's analysis also indicates that thc parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a recommendation of denial. It is staffs opinion that the petition technically meets the criteria for approval, but it does not meet the intent; however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition, as proposed by the Planning Commission. DEC 1 7 2002 PREPARED BY: ~ISCHL, AICP - DATE PRINCIPAL PLANNER REVIEWED BY: DATE APPROVED BY: DA~E'' ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2001 -AR- 1949 DEC 1 7 2002 5 PI. ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT DATE: SEPTEMBER 12, 2002 RE: PETITION: RZ-2001-AR-1649, EAST VETERANS PARK OWNER/AGENT: Agent: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Owner: Virginia C. & George Visnich 429 Ridge Court Naples, FL 34108 Petitioner: Craig D. Timmons, Trustee Veterans' Office Park Trust 76 Caribbean Road Naples, FL 34108 REQUESTED ACTION: The petitioner wishes to rezone 3.51 acres from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-1) zoning district GEOGRAPHIC LOCATION: The property is located on the east side of Veterans' Park Drive, south of lmmokalee Road. - DEC 1 ? 2002 Pi, ~ PURPOSEfDESCRIPTION OF PROJECT:. The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-I) zoning district for approximately 3.51 acres of undeveloped land. An eight-foot strip of the property abuts Immokalee Road. The property continues south along Veterans' Park Drive, becomir~g wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and Southhampton PUD. The eastern boundary of the buildable site abuts a small waterbody known by several names, including the Cocohatchee River. SURROUNDING LAND USE AND ZONING: Subject Parcel: The site is undeveloped; zoned RSF-3 Surrounding: North: Single-family homes within the Southwind Estates subdivision; zoned RSF-3 and Immokalee Road ROW East: Single-family homes within the Southwind Estates subdivision; zoned RSF-3 South: Tract 'T' (common area) of the Stonebridge subdivision; zoned Southampton PUD West: Veterans' Park Drive ROW, across which are the Veterans' Park Commons PUD and Northside Medical Plaza PUD The entrance to Veterans' Park is south of the property, along with the entrance to a North Naples Fire District station. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. As to residential development, review of the Density Rating System in the FLUE yields the site is eligible for 6 dwelling units per acre - unless the Affordable Housing density bonus is utilized, which could yield a maximum eligible density of 14 du/a. Base Density 4 du/a Traffic Congestion Area -1 du/a Residential In fill bonus +3 du/a Eligible Density 6 du/a Affordable Housing bonus +8 du/a Maximum Total Eligible Density 14 du/a 2 The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street ... except for an intervening local street." OIC criteria are paraphrased below, followed by staff comments (in the Rezone application, the petitioner has also provided a response to these same criteria): a. site must abut an arterial or collector road [Immokalee Road is classified as a minor arterial in the Transportation Element - compliance with the plain reading of this criterion is met. However, it was never contemplated that a parcel would comply with this criterion due to such an unusual configuration (which, based upon submitted deeds, was not created to take advantage of the OIC). The primary reason for establishment of this Subdistrict was to provide some aitemative use of properties that could be considered no longer suitable for residential development - with such a consideration being based upon nearby commercial uses, and the site's location abutting a major roadway with its attendant traffic impacts. The developable portion of the subject site is about 750' south of Immokalee Road.]; b. commercial use is limited to 12 acres, any excess acreage "is limited to an environmental conservation easement or open space" [The subject site comprises 3.51 acres.]; c. site must abut commercial zoning on one or both sides [Abutting lands to the east are zoned PUD, Surrey Place - the abutting tract is limited to institutional uses, e.g. ALF, nursing home; and RSF-3, Residential Single Family. Abutting lands (across Veterans Park Drive, a local street) to the west are zoned PUD - across from the narrow strip of the subject site is the Veteran's Park Commons PUD, approved pursuant to this same OIC provision and the "1/4 mile support medical facilities" provision in the FLUE (PUD permits mostly C-1 uses); across from the developable portion of the site is the Northside Medical Plaza PUD, approved pursuant to the "1/4 mile support medical facilities" provision (PUD permits mostly C-1 uses). In the approval of the Veteran's Park Commons PUD, and its predecessor PUD, the BCC interpreted that the Surrey Place PUD tract abutting Veterans Park Drive - which is limited to institutional uses, e.g. ALF, nursing home - was "commercial zoning." The petitioner is requesting the BCC interpret that the Veteran's Park Commons and Northside Medical Plaza PUDs be considered "commercial zoning." This is discussed further below, under item "e."] d. depth of site cannot exceed depth of abutting commercial parcel(s) [The subject site and two abutting PUDs to the west are the same depth. The subject site would only comply with this criterion IF these 2 PUDs are deemed "commercial zoning." (Also, based upon previous BCC interpretation, the Surrey Place PUD is "commercial zoning" - its depth is about the same as the 8' strip portion of the subject site.)] DEC 1 7 2002 3 e. "project uses are limited to office or iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district" [The subject site abuts commercial to the east IF the BCC again interprets that the Surrey Place PUD is "commercial zoning" - staff's position is that, while we disagree with the original interpretation that Surrey Place PUD is commercial, the "fairness principle" dictates that this same interpretation be consistently applied to the Surrey Place PUD as pertains to this OIC provision. The new interpretation requested by the petitioner, and of potentially greater consequence, is for the 2 PUDs to the west to be deemed "commercial zoning". Across Veterans Park Drive from the developable portion of the site, the Northside Medical Plaza PUD was approved under the "1/4 mile support medical facilities" provision in the FLUE. Across Veterans Park Drive from the narrow strip of the subject site, the Veterans Park Commons PUD was approved under both the "1/4 mile support medical facilities" provision and this same OIC provision. The "1/4 mile support medical facilities" provision is only applicable to properties within % mile of a hospital or medical center, and allows for uses to support the hospital or medical center, including physicians' offices, medical clinics, rehabilitation centers, and pharmacies. Most of these uses are unquestionably commercial, in that most of them are only permitted in commercial zoning districts (most are C-1 permitted or provisional uses, pharmacy is a C-2 use). However, as noted, the uses are limited to medically related uses to support the nearby hospital or medical center - general offices, retail uses, personal services, etc. are not. permitted under this provision. The "1/4 mile support medical facilities" provision makes no mention of these allowed medical uses being considered commercial uses, or not being considered commercial uses. The OIC provision only refers to "commercial" and "commercial zoning" - it makes no mention of allowing or prohibiting its applicability when abutting sites zoned pursuant to the "1/4 mile support medical facilities" provision. Staff's position is that it was never the intent of the FLUE to allow properties abutting these "1/4 mile support medical facilities" sites to then be eligible for a commercial rezone. Staff acknowledges that affirmation of the petitioner's requested interpretation would yield little opportunity, at present, for OIC rezone requests adjacent to sites rezoned via the "1/4 mile support medical facilities" provision, due to existing parcel configurations and zoning patterns - with the notable exception of the 12.8-acre Surrey Place PUD. However, staff's primary concern is that a precedent would be set that could have future implications regarding properties in vicinity of future hospital or medical center sites. Staff is aware that it was recently reported in the news that approval would be sought for a new hospital in the Naples area. This is the first time this issue - is property zoned via the "1/4 mile support medical facilities" provision deemed "commercial zoning"? - has arisen in a formal context, that is, through submittal of a petition (staff previously discussed this and came to the stated position as above). f. subject parcel was created prior to Oct. 28, 1997 [The deeds submitted ,~ ith the petition demonstrate the parcels existed as of 1990.] g. the project will be served by central water and sewer [County water and sewer is available to this site.] h. "the project will be compatible with existing land uses and permitted future land uses on surrounding properties" (also required by Policy 5.4) This analysis was done in the "Analysis" section of this staff report. DEC 1 7 2002 i. "for those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand." [As noted above, the Veterans Park Commons PUD was approved, in part, via this OIC provision. However, since it is believed that neither staff nor BCC was aware of the existence of the 8' strip during the original rezoning of what is now the Veterans Park Commons PUD, staff again proposes that the "fairness principle" dictates that this should not preclude the applicability of this provision - that this site should not be viewed as "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Therefore, the most substantive issue is whether the abutting Northside Medical Plaza PUD is deemed "commercial zoning" - if it is, then, arguably, the subject property is not "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Further, this would result in the subject site abutting commercial zoning on both sides. As such, there would be no issue as to whether the proposed C-1 zoning, with certain use and development standard restrictions, constitutes a "transitional use" from the Northside Medical Plaza PUD to the west to the RSF-1 zoning to the east - the subject site would be eligible for "the project uses ... of the highest intensity abutting commercial zoning district." In staff's opinion, the proposed uses would be same or less intensity as the abutting PUDs.] j. a maximum of 250 acres may be rezoned utilizing this Subdistrict [To date, <90 acres have been rezoned utilizing this provision.] Regarding the stated intent of the OIC Subdistrict - 'q~ne intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate" [emphasis added] - Comprehensive Planning staff is of the general opinion that a 6 du/a residential project could be deemed appropriate at this location, and could be deemed compatible with nearby residential, institutional, recreational, essential service, and low intensity commercial uses. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located in an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver has been granted from the requirement to submit a Historical/Archaeological Survey. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incor >orated into this Staff Report. l~e~,_ A ,~ DEC I 7 2002 5 Il ANALYSIS: Section 2.2.12 of the LDC (Commercial Professional and General Office District - C-l) states that the purpose and intent of the C-1 district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voluntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses (the petitioner also eliminated automobile parking, however that was made a Conditional Use by a subsequent LDC amendment). The commercial uses proposed may ONLY. be deemed consistent with the Future Land Use Element IF the BCC finds and interprets that these uses comply with the OIC Subdistrict. More particularly, the BCC would need to find that: 1.It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, 2.The adjacent tract in Surrey Place PUD - which permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND., 3.Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; AND, 4.The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND., 5.The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. The subject parcel directly abuts two residential subdivisions (Southampton and Stonebridge). There are no residential lots in Stonebridge closer than 500 feet to the subject site. The residential lots in Southwind Estates directly abut the subject site's property line, meandering along the creek. Veterans' Park Drive does not provide access for Southwind Estates (access is provided by Pamu Street). Veterans' Park Drive does provide access for Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses. Compatibility analysis, if these properties across the street were the sole factor, would favor a rezone to C-1. However, the site is currently zoned RSF-3 and is adjacent to single-family homes, zoned RSF-3. If the subject parcel were zoned Agricultural, the adjacent homeowners might .easonably expect that the property would be rezoned in the future. However, the property is zone~ Residen__fial AGENDA I'I'E~ 6 DEl::: 1 7 ZOO2 Single Family, creating a reasonable expectation that the property would be developed with single- family homes. Environmental review determined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (1 acre or more) for the gopher tortoises and shall be in compliance with Section 3.11, of the Collier County Land Development Code. This information is required at the time of the next development order submittal. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Thc Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the property does not meet thc size threshold. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with the applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of this staff report. Staff' s analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only residential access off Veterans' Park Drive. Staff's analysis also indicates that the parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a recommendation of denial. It is staffs opinion that the petition does not meet the criteria for approval, however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition. AGENDA ITEM .7 DEC 1 7 2002 PREPARED BY: FRE~ISCHL, AICP · DATE PRINCIPAL PLANNER , REVIEWED BY: CUR_RENT PLANNING MANAGER c._ .... ·~ t_~.~?~,_? ~-_/¢~ ,_~..~...... lVIARGARET ,~ERSTLE, AIC? DATE ?L~G SERVICES DIRECTOR APPROVED BY: Petition R.Z-2001-AR- 1649 / 'COLLIER COUNTY PLANNING COMMISSION: KENNETH L ABERNA , CHAmMAN ~/cur,~nt/r~schl/~..on~~2 ~ I-AR-1649 DEC 1 7 2002 8 REZONE FINDINGS PETITION RZ.2001-AR-1649 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. A complete analysis begins on page 2 of the attached Staff Report. 2. The existing land use pattern; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The subject parcel is directly adjacent to Residential Single-Family zoning and is currently zoned Residential Single-Family. Summary Findings: The proposed land use is not consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The proposed commercial area will be across the street from non-residential uses, burt will be directly adjacent to single-family residential use. Summary Findings: The parcel will create an isolated district unrelated to adjacent zoning districts, but compatible with nearby non-residential districts. DEC 1 7 2002 ~ 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries would meander along the creek. Con: The existing district boundary runs along Veterans' Park Drive. Summary Findings: The current district boundaries are logically drawn, however; the proposed rezone would result in commercial zoning directly abutting single-family residential zoning. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as an office building, as allowed by his reading of the Growth Management Plan. No other conditions have changed. Con: Evaluation not applicable. Summary Findinas: Changing conditions have not resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The petitioner has proposed limiting the most intense land uses and has proposed no parking behind the building. Con: The subject property is zoned Residential Single Family, creating a reasonable expectation that the property would be developed with single-family homes. A rezone to commercial would adversely affect living conditions in the residential neighborhood. Summary. Findings: The proposed rezone will have an impact on the neighborhood. Residential zoning will be replaced by commercial. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity durir.,; construction phases of the development, or otherwise affect public safety. DEC 1 7 2002 2 Pi. Pro: The subject parcel has access off Veterans' Park Drive. All the other uses on that road are non-residential. Con: The creation of a commercial district where a residential district exists will increase traffic on Veterans' Park Drive. Sununa~ Findings: Offices are usually low traffic-generators. However, they typically generate more traffic than single-family homes. Therefore, Veterans' Park Drive may experience a slight increase in traffic during morning and evening drive-time, compared with single-family homes. 8. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summar,y Findines: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed office will be required to meet building setbacks and height restrictions. Con.' Evaluation not applicable. Summar,y Finding, s: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will eventually permit construction of an office with a Type "B" landscape buffer adjacent to a residential subdivision. Con: A single-family home adjacent to an office is generally considered not as desirable as one single-family home adjacent to another. AGENDA ITEld~ DEC 1 7 2002 Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, the elimination of residential zoning and the creatioh of an office adjacent to a residential neighborhood may negatively affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summar.y Findinos: Development of adjacent properties in accordance with existing regulations will not be affected since the single-family lots are currently improved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Finding, s: If the Board makes the findings outlined in the staff report, the Proposed rezone will be in compliance with the Growth Management Plan. If it is deemed consistent, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property could be used under its current zoning. However, the petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: If the Board makes the findings in the staff report, the proposed development will comply with the Growth Management Plan. Con: The change would allow commercial development to encroach into a neighborhood currently zoned residential. - AGENDA ~TEM~ DEC 17 2002 Summary Findings: Staff's analysis indicates that the rezone is technically consistent with the Growth Management Plan, as amended; however staff believes that it does not meet the intent of the Office and In fill Commercial Subdistrict. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary. Findings: There are many similar parcels in the County. The petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is undeveloped. While site conditions may restrict the location and square-footage of the offices, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of an office. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. 2O02 YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. ATTORNEYS AT LAW SunTrust Building 801 Laurel Oak Drive OTHER OFFICE LOCATION: Gallie's Hall Telephone (239) 597-2814 Suite 300 225 South Adams Street, Suite 200 Facsimile (239) 597-1060 Post Office Box 7907 Post Office Box 1833 Naples, Florida 34101-7907 Tallahassee, Florida 32302-1833 Telephone (850) 222-7206 Facsimile (850) 561-6834 NAPLES November 26, 2002 Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: Robert Duane and I provided you with the Rezoning Petition No. RZ-2001-AR-1649 a statement as to how the proposed rezoning request is consistent with the Growth Management Plan ("GMP") and the Office and Infill Commercial Subdistrict ("O.I.C."). This letter and analysis is in response to David Weeks' March 15, 2002 memo in which he concludes that the proposed uses may only be deemed consistent with the Future Land Use Element ("FLUE") if the Board of County Commissioners ("B.C.C.") finds and interprets that these uses comply with the O.I.C. Subdistrict and that the B.C.C. would need to make certain findings to approve such uses. The March 15 memo is unnecessarily complicated and obscures the plain language of the GMP on this subject. Foremost, one must remember the overall purpose of the Office and Infill Commercial subdistrict, which is to allow low intensity office commercial or infill commercial development on small parcels located along arterial or collector roadways where residential development may no longer be compatible or appropriate. The subject property abuts Immokalee Road, however, its only access to the subject property is from Veterans Park Drive, and no residential access or traffic exists on this roadway. On the entirety of the west side of this property abutting Veterans Park Drive (a local street) are strictly nonresidential u ,:,. ~r~l~ tx ' Naples Fire District and County Emergency Medical Services station, a county regional park andli~proved ~ commercial PUDs which allow medical office uses. Along Veterans Park Drive ~ese at~umng - nonresidential uses generate an average of seventy-five public emergency vehicles per day an~ dai~Laf~cTto2002 and from the County's regional park. This type of traffic, coupled with the sounds of v hicles' sirens Mr. Fred Reischl September 16, 2002 Page 2 sounding at all hours of the day and night, together with traffic on this Drive which will be generated when the two commercial PUDs develop, leads to the only common sense conclusion, that residential development of the abutting three and a half acre parcel is neither compatible with the existing and approved nonresidential uses, nor appropriate. It defies logic to question whether the medical office uses allowed in the two abutting PUDs are considered commercial zoning. What else would they be considered? Medical office uses are only allowed in the County's commercial zoning districts, not in any residential zoning districts. Further, the County's own GMP definition of "Commercial Uses" includes "activities within land areas which are predominately connected with the.., performance of services." The plain and simple fact is that the subject property meets the plain and simple requirements for the Office and Infill Commercial subdistrict, because it abuts on arterial roadway (albeit eight feet on Immokalee Road) and it abuts commercial zoning. Therefore, this petition is wholly consistent with the GMP. Sincerely, R. Bruce Anderson RBMadb cc: Thomas M. Taylor Robert L. Duane David Weeks F:~userskAimee\Wp9\Taylor~tr to F. Reischl with Email letterhead.doc DEC 1 7 2002 September 23, 2002 Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: The following is an analysis of how the proposed East Veteran Park Office Site Rezoning Petition No. RZ-2001-AR-1649 may be found consistent with the Future Land Use Element ("FLUE") and, more particularly, with findings noted in the Staff Report that the Board of County Commissioners ("B.C.C.") must find for the proposed rezoning request to comply with the Office and Infill Commercial (O.I.C.) Subdistrict. The findings contained in the Staff Report are enumerated as follows: 1. It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, Response: The site abuts an arterial roadway, Immokalee Road, with eight (8)feet of frontage along this roadway. The only access to the subject property is provided from Veterans Park Drive 750 feet south of Immokalee Road, and this roadway is used only by non.residential uses which include a fire station and county park. Non.residential traffic will further increase in the future with the development of the Northside Medical Plaza PUD and the Veterans Park Commons PUD, both of which allow commercial uses. Since the intent of the O. LC. Subdistrict is to allow low intensity office or infill commercial development located on arterial or collecto roadways where residential development may no longer be compatible or appropriate, the surrounding land use pattern on the west side of Veterans Park Drive, combined with the non.residential traffic on Veterans Park Drive, make the subject property undesirable for residential use. Therefore, existing conditions have changed around the subject property since the RSF-3 zoning was initially approved. These changed conditions make the subject property more appropriate for commercial use even though it only has eight seven -- (8) feet of frontage on Immokalee Road and the developable portion of the property is _ hundred and fifty (750) feet south of Immokalee Road. ~xc~ tl~e- G:\Current~Reischl~Rezones~E Vet ParkXduane ltr.doc [~[C ] ? 2002 2. The adjacent tract in Surrey Place PUD - which permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND, ..Response: The adjacent tract to the east of the subject property's eight (8)foot strip of land located at the northeast comer of Veterans Park Drive and lmmokalee Road is the Surrey Place PUD. The Surrey Place PUD allows for an assisted living facility and bank and office uses which are currently constructed along the Immoka[ee Road frontage adjacent to the subject property with the bank/office building located further to the east. The Surrey Place PUD was previously considered by the B.C.C. to constitute commercial zoning for the application of the O.I.C. Subdistrict criteria on the northeast comer of Immokalee Road and Veterans Park Drive for the Veterans Park Commons PUD. Therefore, the subject property can be considered to abut non-residential/commercial use to the east based on the B.C.C. prior interpretation. The Staff Report notes that the "fairness principle" dictates that this same interpretation be consistently applied to the Surrey Place PUD as it pertains to the subject property. Should the B.C.C. make this interpretation the subject property would abut commercial zoning on two (2) sides, i.e. to the east and west of the subject property, which would even further justify consistency with the O.I.C. Subdistrict, even though the O.I.C. Subdistrict only requires commercial zoning on one (1) side. 3. Despite the previous use of the Office and In fill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of the OIC provision; AND, Response: The subject property is not relying on "piggyback" use of the Veterans Park Commons PUD for establishing consistency with O.I.C. Subdistrict, which can only be applied one (1) time to serve as a transitional use. Rather, the subject property is relying on the approval of the Northside Medical Plaza PUD on the east side of Veterans Park Drive to establish consistency with the O. LC. Subdistrict including the fact that it is adjacent to the Surrey Place PUD. Criteria of the O.I.C. Subdistrict limits project uses to office or low intensity commercial, except for land abutting commercial zoning on both sides which may include the highest abutting zoning district. Since the property abuts commercial zoning on two (2) sides, it is not "piggybacking" and ca~' be found consistent with the O. LC. Subdistrict. The proposed C-1 uses are similar in character to nearby commercial uses. 4. The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND, O:~CurrentkReischl~Rezones'~E Vet Park~luane itr.doc DEC ] 7 2002 Response: The abutting Northside Medical Plaza PUD can only be considered commercial zoning because this is what it is. The Growth Management Plan ("GMP") definition of commercial uses includes "activities within land areas which are predominantly connected with the ~performance of services". The Northside Medical Plaza PUD permits physician offices, medical clinics, treatment, research and rehabilitation centers, health services, pharmacies and other medical related uses which clearly constitute commercial uses. 5. The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. Response: The entire west side of Veterans Park Drive is developing with non.residential uses including a county park which generates upwards of one thousand (1,000) vehicle trips per day and a fire station which generates seventy.five (75) emergency vehicles trips per day. This is in addition to the Northside Medical Plaza PUD and Veterans Park Commons PUD yet to be developed. These considerations combined with the future use of Veterans Park Drive which will be solely used by non.residential traffic strongly justify future commercial use of the subject property and consistency with the O. LC. Subdistrict. Furthermore, C-1 uses limited to two (2) stories, with limitations on parking prohibited to the rear of commercial structures; and separated from residential uses by the Cocohatchee River can be found to be compatible with nearby residential uses. Therefore, consistency can be established with this provision of the O. L C. Subdistrict. Very truly yours, Hole Montes, Inc. Robert L. Duane, A.I.C.P. Planning Director RLD/mjr Cc: Tom Taylor Bruce Anderson Craig Timmins David Weeks Collier County Planning Commission DEC 1 7 2002 G:\CurrentLReischl~Rezones\E Vet Park~duane ltr.doc ~ L~ RECEIVED October l, 2002 O~T 0 ~ '2002 Collier County Planning Commission Naples, Florida Re: Petition: RZ-2001-AR-1649, East Veteran's Park Dear Sirs, I am the owner of the East Veteran's Park property that is currently under consideration for rezoning. I am, and have been for many years, a taxpaying resident of Collier County. I purchased this property several years.ago with the intention of building a residence for my mother-in-law, and had plans drawn for the home. She passed away before I could begin the construction. Later on, I considered it as a homesite for my wife and I. As I considered it further, I saw that it had too much traffic for a residence, and it seemed that all of the other land on the street was being considered for commercial development. In fact, I know of no other residential pieces of land on the whole street. It all seems to be commercial. I hired a real estate agent, over a year ago, from a prominen.t residential firm in Naples to find a buyer for my land. They received no interest or written offers from anyone interested in the property for a residence, or anything else relating to its current zoning. They found a prospective buyer who has agreed to buy the property, only if it can be rezoned for commercial use. There are also others interested in the property, but only if it can be rezoned for business use. / I am a veteran Army Air Corps pilot who served in World War Two. I am completely disabled, as a result of the war. With the current zoning, there are no buyers. I really need tosell .this piece of land, as it is a hardship on me, both.. financially and emotionally, with its currenf residential zoning. I would greatly appreciate any consideration you can give me in resolving this dilemma, and allowing the land to go to people who will put it to a good use. Sincerely, George ~. Visnich i - DEC 1 ? 2002 EXHIBIT A Pctition No.: Date Petition Received:. RZ-2001-AR-1649 PROJECT//2001100076 Commission District: Planner Assigned: DATE: 10/24/01 FRED REISCHL ~S'rAFF General Information: Name of Applicant(s) Craig D. Timmins. Trustee_. Applicant's Mailing Address 76 City Naples State Florida Zip 34108 Applicant's Telephone # 714-3076 Fax # Nam¢ of Agent Robert L. Duane l~il2xl Hole Montes, Inc. Agent's Mailing Addr~aa 950 Encore Way Agent's Telephone # 25~-2000 Fax ~ 25~-2099 Agent's E-Mail Address: BobDuane@holemonteS- eom Comma cot~rv comm~rr~ PLANNING SlgRVIC~S/~ PLANNING ~'aON~ (94~) 40~-Z4OO~AX (941) 0EC l ? 2002 Complete the following for all Association(s) a/~iiated with tiffs petit/om (Provide additional sheets if Name of Homeowner Association: UnknOWn/.qn,,rh,.,t,,~! Est~t~ Mailing Address City St~t~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City S~ate ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by thc entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of Such interest. (Usc additional sheets ifnecessm'y). Name and Address Percentn~e of Ownm'ship 429 Ridge Ct. Naples, FL 94108 PA¢ B 2or~/~DECpt. 1 ? 2002 -- b. If the property is owned by a CORPORATION, list the officers and stockholdms and the percentage of stock owned by eacl~ PeTccnmg¢ of Stock N~m~ and Address, and c. If the property is in thc name of a TRUSTEE, list the beneficiaries of thc trust with the percentage of interest pmw, e. nmgc of later~st Name and Address -- d. If the property is in thc name of a GENERAL or LIMITED pAR~HIP, list thc name of the general and/or limit~cl partn~-rs. Name and Address pm-ccntagc of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the conlract purchasers below, including the officers, stockholders, beneficiaries, or partnms. Percentage of Ownerahip Nsme and Address ~ ~. ~ ~_ _ C~rai~ D. TJmmtns -- 76 Ca~ribean Rd Na. lo.~- FI, _ ' ' - ...... 33.3% Christouher L. Allen ~55 Hickory Rd., Naples, FL 34108 33.3% . T_homas M. Taylor 481 Carica Rd. Naples, FL 34108 ' Dat~ of Contra~t: 9 2 0__%~P_L~L_-- . DEC 1 7 PAC,~ 3 C 16 f. If any contingency clause or contract t~,hs involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property, acquired [--! leased [-'! Tcrm of lease yrsYmos. Under Contract. Contract Date - Sept. 20, 2001 If; Petitioner has option to buy, indicate date of option: and date option t~ninates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but pr/or to the date of the final public heating, it is the respons~ili~y of the applicant, or agent on his behalf, to submit a suppl~nental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning dis/r/ct, include separate legal description for prope~b' involved in each dish~ict. Applicant shall subm/t four (4) copies of a recent survey (completed within thc last six months, ms, mum l" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying thc correct legal description. If questions ar/se concerning thc legal desc~ption, an engineer's certification or se.~lcd survey may bc required. Sccfion: 26 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00166690102 Metes & Bounds Description: See enclosed survey irregular 4. Size of property: fi- X fi. = Total Sq. Ft. · AcresL3.512 5. Address/~eneral Io~ation ofsubleetpro_~rtv: Se_._..~e Location Map. South of Immokalee Road east of Veterans Park Center 'PUD a and Veterans Park. roa mn c to- oz 0oo DEC 1 7 2002 Adiece_-'t ;zonin~ and land use: Zoning Land uso RSF-3 Single Family PUD Golf Course and Resid'en~nl RSF-3 Single Fa_mily PUD Medical, Fire Stationtand Vacant Land Does the owner of the subject prope~ own property contiguous to thc subject property? If so, give complete legal de~iption of ~ntire contiguous property. Of space is inadequate, attach on ssparate page). Section: N/A Townsh/p: Range: Lot: Block: Subdivision:_ Plat Book _ Page #:~ Property I.D.//: Metem & Bounds Description: 7. Rezone Request:, This application is requesting a rezone from the RSF-3 zoning district (s) to the c-1 zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of Uses).of the property:_i- . · .. '- C-1 District, however, some l~mitations uses. (See cover Va,Ua.O. ~ b, b~ _ no~ ~low. ~1~ ~y b~ Standard Rezone Considerations (I, DC Section 2. 7.2. 5.) 1, Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. ~he existing land use pattern. 3. 2~he possible creation of an isolated district unrelated to adjacent and nearby di~tr~t~. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. ~/hether changed, or changing conditions make the passage of the proposed amendment (rezone) necessary. 6.N/hether the proposed change will adversely influence living conditions in the neighborhood.. 7. Y~nether the proposed change will create or excessively increase tra,~c congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traj~c, including activity during construction phases of the development, or otherwise affect public safety. 8. IZt~hether the proposed change will create a drainage problem. 9. F~hether the proposed change will seriously reduce light and air to adjacent areas. 10.Whether the proposed change will seriously affect property values in the adjacent area. 11.Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. N~hether the proposed change will constitute a grant of special privilege to an individual owner a,v contrasted with the public welfare. 13.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14.Whether the change ~ugg~ted i~ out of scale with the need~ of the neigttborltood or thecounty. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in distn'ct~ already permitting such use. nC, F.~A DEC 1 7 2002 APPLICATION I~'OR PUIILIC Iir~u~t.l]qG ~ I~TANDAREI i~..~N~ PAG'E 60Fl{ 16. The physical characteristicz of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the propased zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and. as defined and implemented through the Collier County Adequate Public Facilities Ordinanc~ [Code eh. 106, art. I~, tu amended. 18. Such other factors, standard~, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed re~aictions, however, many communities have adopted such restrictions. You may wish to contact thc civic or property owners association in the area for which this use is being requested in order to ascm~cain whether or not the request is affected by existing dc~d restrictions. 10. Previous land use efitions on the sub ect re e : To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the ~ollowing shall be submitted in order for'your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8Va" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be rexluested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC];- · all existing and proposed structures and thc dimensions thereof, · provisions for existing and/or proposed ingress and cgrcss (including pedestrian iflgress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and. lea.din? ,~.~__.[i_n..c~C~m~a~.-~x~,7odir'~ng required and provided parking and loamng, mcmomE ~u~, disabled], · required ymxls, open spa~e and preserve areas, proposed locations for utilities (as well as location of ~xisting utility s~rices to · ·. · proposed and/or existing landscaping and buffering ss may be required y County, _ ' - DEC 1 7 2002 PA~B 7C 16 c. An architoctural rendering of any proposed structure. d. An Environmental Impact Statement (ELS), as r~xluired by Section 3.8. of the Land Development Code (IX)C), or a requost for waiver if appropriate. e. Whether or not an HIS is required, two copies of a r~ent aerial photograph, Oaken within the prev/ous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and theft boundaries. Such identification shall be consistent with Florida DeparUnent of Transportation Land Usc Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.$.$.4.). /~. Statement ofutility provisions (with all required attachments and sketches); iN. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR b'TANDARD _U~-.~ONE - 02~__~_" PAGE 8 OF 16 TRAFFIC IMPA~ sTATElV~NT ITIS~: A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: ~th°ugh based on the intensity or unique ctm~ct= petition often sores or less. JOI~_~_~K.~!~. Required for all other rezone requests. A minor TIS shall inclnde the following: 1. Trip G~neration: Annual Avernge Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Trs/fic Peak Hour (PSI)T) 2. Trip AssiF, nment: Within Radius of Development Influence (RI)I) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of line proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such a~ providing or eliminating an in~ress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportslion system. 7. For Rezones Only: State how this request is consist, mt wiih the applicable policies of the Traffic Circulation Iilement(TCE) of the Growth Manngement Plan (GMP), inclu41nE policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the i/ems listed above (for a Minor TIS, and shall also inrlude an nnalysis of the followin~: 1. Int~section Analysis 2. ]Sackground Traffic 3. Furze Traf~ PAGE 9 OF 16 TRAFFIC IMPACT STATEMENT fT]$) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with'a conditional use or rezone petition: 1. Trip Generation: Provide the total tra~c generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (1TE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assi~ment to the network, of those Uips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal tral~c should be depicted. 3. Existinl~ Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS ora roadway shall be expressed in terms'of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5, Radius of Develoument Influence (RI)D: The TIS shall cover the least of thc following two a) a~ area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft.' 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measumm~-nt in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An inter~ection az~alysls is roqu/rod for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). I ' I / DEC 1 ? 2002 P~. _ · · effects of previously appwved but undeveloped or partially 7. Bsck~round Traffic: Th .... · within the RDI of the proposed developed projects which may affec~ ma]or thowughfax~s or, alternatively, in project shall be provided. This infom~ation shall be depicted on a rasp a listinE of those projects and their r~pective characteristics. developed maxlmauy un . -' "-de This esthnate shall be for the projecte/l r',~llier County Land Devetopmem ~-~ · -,-'---~ such lands with po~mtial development areas w~ traffic impact calculations shall be provided. 9. Throuuh Traffic:. At a minimum, increases in throu~a traffic shall be addressed throu~,h ~he year 2015. The methodolol~Y used to derive the esti_~'mates shall be provided. It may be desirable to include any additional documentation and backup dsIa to support the estimation as well. All proposed or planned roadway 10. ~ed Roadwa Im roveme~ts: A description of the fundinE improvements located within the RDI should be identified. commitments shall also be included. 11. Project phasing-: When a project phasinE schedule is depender~t upon proposed roadway ~nprovernents, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasinl~ schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVIYR]M i0/17/97 PAGE 11 OF 16 STATEMENT OF UTILITY PROVISIONS FOR ST.4NDARD J~ZOA~ REQUI~..~T NAME OF APPLICANT: Craig D. Timm!ns, Trustee M~II-IlWG ADDRESS: 76 Carribean Road ~-~ Napleo. STATE FL ~ 34108 3. ADDRESS OF SUB3ECT PROPERTY (IF AVAH.ABLE):, 4. LEGAL DESCRIPTION: Section: 26 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book Page #: Property I.D.//: 00166680102 Metes & Bounds Description: See Enclosed Survey 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [-'-] c. FRANCHISED UTILITY SYSTEM [-~ PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM [--] 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM crrY VTiLrrY SYSTEM c. FRANCHISED UTILITY SYSTEM ~-~ PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 30,000 Sq. Ft. DISC ] ? 2002 APPLICATION FOR PUBLIC HEARING FOR b-rANn~_~__~ IH~'ONE _ 0~_~aa pg.~.~ ! PAilE 13 Ol PEAK AND AVERAGE DAII~Y DEMANDS: A. WATER-PEAK 6. 000 ~P9 AVERAGE DAILY B. SE~R-PE~ 6, oo0 GPD ... A~GE D~H.Y ~, ~00 G~D 9. ~ PROPOS~G TO BE Co~~D TO COLLAR CO~ WA~R SYS~ P~E PRO~E ~ DA~ SER~ IS E~E~D TO BE ~Q~D: 2/02 · _ ~..~ ~na of s~aec ~~t precis to be ~ ~ wen ~ a ~--~ ...... o ~ -, - ....... ~ ..... ~ uscd reg~ ~e me.od of effluent ~d sludge d~o~. ll~lauon ~u~ ~ ~ , ~ p~la~on ~ta ~d soil ~volv~ sh~l be pm~d~ ~m t~ts by a pmf~o~ ~~. 11. COLLAR CO~ ~~ DEDICA~ON STA~~: ~ ~e proj~i is loca~ wi~n ~e s~ces bo~d~ of Colh~ Co~'s ufih~ s~ce not~ s~t~t ~1 be pm~d~ a~e~g to dedi~te to CoHi~ Co~ U~lig~ wa~ &s~bu~on ~d s~age ~ll~on facihg~ ~thin ~e p~j~t ~ea upon compl~on of ~e co~ction of ~ese f~ilifi~ in accord~ce wi~ ~1 apphcable Co~ ordln~c~s ~ eff~t at ~ at ~e. ~s s~t~t ~1 ~o ~clude ~plicabl~ s~t~ d~elopm~t ch~g~ ~d colorlon f~s will ~ p~d to ~e Co~W ~. Ufih~es Division p~or to ~e issu~ce of b~l~g pe~ by ~o Co~. If appli~lc, ~e ~t~ent s~ll cont~n shah ~nizln ~ a~ent to d~icate ~e ~propdate utility ~en~ for s~ing ~e wat~ ~d sew~ STATE~ OF AV~H.~IH C~A~H ~OM O~R PRO~E~: Unl~s w~ved or o~e~se provid~ for at the pr~phcafion me.g, if ~e pwject is to r~civc s~er or po~ble water se~ces ~m ~y pw~d~ o~er ~ ~e Co~, a smt~t ~m ~at pm~d~ ~ca~g ~at ~e is ad~q~te c~iW to s~e the project shall b~ provide. DEC I 7 2002 APPLICATION FOR PUBLIC HEARING ttOR ~'AflDA_~n ~r-~ON~ - 02J200~ PAOE 14 OF 16 ST,4NDARD REZONE APPLICATION SUBMITTAL CuF~CKI,IST THIS COlVI~LE~D Cl~CKLIST IS TO BE SUBMITTED WITH AI~PLICATION PACKET! REQUIREMENTS # o O T COPIES REQUII~D REQUIRED 1. Completed Application 15' x 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation x 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-apPlication notes/minutes 15' N/A 5. Conceptual Site Plans 15' N/A 6. Environmental Impact Statement - (ELS) 4 7. Aerial Photograph - (with habitat areas identified) x 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) X 9. Traffic Impact Statement- (l'lS) 4 X 10. Historical & Archaeological Survey or Waiver 4 Application X 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be . made payable to Collier County Board of Commissioners x 14. Other Requirements - · ~--..-.~ req.,~.,~ r~. · -'~g-Range PhnzLing Review 81 additional copy fffor afx,,)rdablo housing I As lt~ authorized agent/applicant for this petition, ! atl~st that all of ibc infon~ation indi~i~ o~ thin ~ i~ in¢lucl~cl in tl~ submiunl package. I und~,~d that failure to include aH necessary submittal information may Agent/Applicant Signature Date DEC 1 ? 2002 APPLICATION FOR PUBLIC HEARING FOR STANDARD-Ia~.7ONE_ 02/~,,tu~ pg. PAC~ 15 OF 1' ~~ ~~: ~ ~l ~e ~ w ~ ~~ ~ th~ ap~li~ ~ the ~cI~ of ~d ~e a ~ ~d~t~nd th~ iht ~f~on r~u~ted on th~ a~li~n m~t bt ~~e and ~t ~ alt~ ~blic h~ ~II not be ~~ ~til th~ ~pli~ ~ d~ ~mplete, and aH r~u~ info--on ~ pmp~ ~n~ ~~r ~t~.~er~ L. Duane .to act ~ ~/~ ~r~enta~ ~ $ignatur~ Of Proper~V Owner &'~/ature of Proi~erty Owner 2~ped or Printed Name of Owner 2typed or Printed Name of Owner HOLE MONTES ENGINE[RS- PLANNERS. SURVEYORS 950 Encore Way- Naples, Florida 3411 O- Phone: 941.254.2000- Fax: 941.254.2099 RZ-2001-AR-1649 October 23, 2001 EAST 'VETERAN S PARK OFFICE SITE Revised October 31,2001 PROJE(:T #2001100076 DA'rE: 10/24/01 DUE: 11/7/01 Mr. Fred Reischl FRED REISCHL Principal Planner Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 RE: East Veterans Park Office Site HM File No. 2001114 Dear Mr. Reischl: Please find enclosed 15 copies of an Application to Rezone +3.512 acres from RSF-3 (residential) to C-1 (the Commercial Professional District). We held the pre-application meeting on September 27, 2001 and no notes were provided. The subject property is located in Section 26, Township 48 south, Range 25 East, South of Immokalee Road and on the east side of Veterans Parkway. A check in the amount of $2,202.75 is provided to process the petition. (See attached location map.) A) Background The subject property is presently vacant and located on the east side of Veterans Park Blvd. Access to the subject property is provided from Immokalee Road that currently has a flashing signal. Traffic currently utilizing this roadway is for nonresidential uses including institutional uses. Utilities are readily available to support the proposed C-1 use of the property. The property is irregularly shaped, and includes portions north and south of the Cocohatchee River with the majority of the land area located south of the Cocohatchee River. North of the Cocohatchee River, the subject property contains a parcel "C" comprising ±8,000 S.F. in area and 40 feet in width. This area abuts a single family home to the west. Also contained within the boundary of the subject property is an eight foot strip of land that runs the length of the property to the Immokalee Road right-of-way. This eight foot strip of land currently precludes the extension of Bethany Place onto Veterans Park Blvd. A -- DEC 17 2002 Nal~les · Fort Myers. Venice. Englewood Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 2 of 12 The subject property is predominately upland in character, with 2.55 acres of uplands and .96 acres of wetlands, located immediately adjacent to and including the fiver. Gopher tortoise burrows were also identified. See attached environmental assessment and boundary survey identifying the location of these features. (See attached environmental assessment.) Land Use and Zonin~ The subject property is separated from RSF-3 zoned land in Southwind Estates, which is a single family subdivision located on the north and east side of Cocohatchee River. South of the subject property is the South Hampton PUD which is a residential golf course community undergoing development. Portions of this PUD south of the subject property contain golf course and preserve areas, and no residential development immediately abuts the subject property in the South Hampton PUD. To the west of the subject property and to the south is Veterans Community Park. Immediately to the west of the subject property across Veterans Park Blvd. is the Northside Medical Plaza which permits medical uses and is vacant. The North Naples Fire Control District Center is located to the west of the Northside Medical Center in the Veterans Park Center PUD which also permits office uses. To the north of the Veterans Park Center and the Northside Medical Plaza is the Veterans Park Commons PUD that permits office uses and is located in the south comer of the intersection of Immokalee Road and Veterans Park Blvd. On the south comer of the intersection of Immokalee Road and Veterans Park Blvd. is the Surrey Place PUD that is developed with an Assisted Living Facility on western portions of the property and commercial use, the Gulf Coast Bank on eastern portions of this PUD, at the entrance to Southwind Estates. In summary, the emerging land use pattern along Veterans Park Blvd. is currently institutional in character with office and medical uses to come in the foreseeable future. The point being, the development of office uses on the subject property will not change the character of traffic on the street, which is presently nonresidential. Therefore, the emerging nonresidential uses existing and planned around the subject property to the west have influenced the petition for nonresidential use of the subject property. B) Collier County Growth Management Plan The proposed C-1 uses for the subject property relies on the Office and Commercial Infill Subdistrict of the Future Land Use Element to establish consistency with the Collier County Growth Management Plan. The intent of the Office and Commercial Infill Subdistrict, as set forth in the Future Land Use Element, is to allow low intensity office, commercial or infill commercial developme, parcels within the Urban-Mixed Use District, located along arterial and collecto: DEC I Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 3 of 12 where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office and commercial development attracts low traffic volumes on the abutting roadway(s) is generally compatible with nearby residential and commercial development. The criteria limed below must be met for any project utilizing this Subdistriet. (A response is provided under each of the criteria sefforth below.) For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or fight-of-way, except for on intervening local street; and commercial refers to C-1 through C-5 zoning districts and commercial components of PLrDs. C) Office and Commercial Subdistrict Criteria a. The subject site abuts a road classified as an arterial or collector as identified on the Five Year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. Response The subject property as noted abuts Immokalee Road, an arterial roadway with an eight foot strip that runs the length of the property. Therefore, consistency with this criteria can be established with frontage on Immokalee Road b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; Response The subject property comprising 3.512 acres is less than twelve acres which is the maximum size allowed in this Subdistrict. Therefore, consistency can be established with this criteria. c. The site abuts commercial zoning: (i) on one side and non-commercial zoning on the other side; or, (ii) on both sides; Response The site abuts commercial zoning on the west side of Veterans Park Road which is the NorthMde Medical Plaza PUD by this intervening local street. The basis for approval for these medical uses in the Northside Medical Plaza PUD was based on the fact that the Veter, a~ ~, P~l '~ C, ' :- located within one quarter of a mile of North Naples Community Hospital slmmtkal~l~ _~ I DEC 1 7 2002 WA2001~2001114~&DkFR011023.doe Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 4 of 12 facility. Therefore, limited C-1 uses can be found to be consistent for the subject property with the Growth Management Plan because it "abuts" commercial/medical zoning to the west. d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); Response The depth of the proposed commercial uses does not exceed the depth of commercial uses on the west side of Veterans Park Blvd., in the Northside Medical Plaza. (See attached zoning map.) e. Project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; Response Uses proposed for the subject property are limited to those uses permitted in the C-1 zoning district with limitations on uses as provided for in this application. The office uses permitted in this district are compatible with the medical related office uses permitted in the Northside Medical Plaza PUD. Uses in the C-1 District are much less intensive than the C-2 through C-5 zoning districts which permit retail uses amongst other uses. f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; Response The parcel was not created to take advantage of the provisions of the Office and Infill Commercial Subdistrict including the eight feet o f frontage along Immokalee Road. The attached deed shows the subject properties legal description has remained fundamentally in the same configuration since 1990 and more than likely prior to this period of time. g. At time of development, the project will be served by central public water and sewer; and Response The project can be readily serviced by sewer and water at the time of development. ACtA DEC 1 7 2002 WA2001~20011 i 4~RLD~CR0 ! 1023.d~ Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 5 of 12 h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. Response The project can be found to be compatible with nearby residential uses on the north side of the Cocohatchee River with provisions provided for in this petition and existing conditions currently in place. For example, the petitioner is voluntarily limiting the height to a maximum of two stories or twenty-five feet. The C-1 district permits a maximum height of three stories or thirty- five feet. The petitioner is also voluntarily placing a limitation on parcel "C" located on the northside of the Creek that it will be maintained in its natural state. It currently is well vegetated. This preservation of parcel "C" will screen and buffer the existing single family home located to the east of parcel "C" from Veterans Park Blvd. and future parking. (See attached boundary survey.) To further promote compatibility between the proposed C-1 district and nearby residential uses, the following uses are voluntarily proposed to be deleted from the C-1 district as it applies to the subject property. a. Barber shops (7241) b. Beauty Shops (7231) c. Shoe repair shops and shoeshine parlors (7251) d. Automobile parking (7521) e. Individual and family social services (8322) In summary, with the proposed limitations on uses, height, compatibility with nearby RSF-3 uses can be maintained with the proposed limited C-1 uses. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subdivision shah only be applied one time to serve as a transitional use and will not be permitted to expand. Response The petitioner understands that the Office and Infill Subdistrict can only be applied one time at this location. As a practical matter, there are no opportunities to expand the Office and Infill Commercial Subdistrict beyond this location on the east side of Veterans Park Blvd. based on surrounding uses, and development and ownership patterns that exist around the subject property. j. The maximum acreage eligible to be utilized for the Office and Inffil Subdistrict within the Urban-Mixed Use District is 250 acres. _ DEC 1 7 2002 W:k200lk2001114~RLDWR011023.doc p~. ff-~ Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 6 of 12 Response There is sufficient land available in the Office and Infill Commercial Subdistrict to accommodate the proposed 3.512 acres. For example, 80.5 acres have rezoned to date for uses permitted in Commercial and Office Infill Subdistrict and 5. 5 acres are pending. Special Considerations In addition to the above findings that support commercial development of the subject property for limited commercial uses, at our pre-application conference, the issue was raised as to whether the Commercial Office and Infill Criteria can be applied adjacent to medical facilities. The Future Land Use Element allow in the Urban area, within ¼ of a mile of existing or approved hospitals or medical centers, such uses which offer primary and urgent care such as, but are limited to, North Collier Hospital. The Commercial Office and Infill Subdistrict is applicable adjacent to medical facilities or any other commercial uses because no distinction is made in the Growth Management Plan between the type of commercial uses i.e., medical versus nonmedical commercial uses. It is a recognized legal principle that such ambiguities are usually construed in favor of the property owner. At the same pre-application meeting, Collier County Growth Management Staff member, David Weeks, requested that the potential be evaluated for additional medical uses around the North Collier Hospital and Cleveland Clinic to determine what potential there may be for additional medical facilities within ¼ of a mile of these facilities. This information was requested to aid County Staff in determining what additional medical facilities approved under the "1/4 mile provision" and the potential application for future Commercial Office and Infill adjacent to such medical facilities. The conclusion of the analysis performed around the North Naples Community Hospital on Immokalee Road is that Estates zoned properties north of the hospital appear to be the only land available for future medical use that could meet the one quarter mile locational requirements. Commercial/medical uses would not seem compatible with residential uses at this location. The Cleveland Clinic is located on Pine Ridge Road adjacent to the interchange with 1-75 and also could have the potential to support medical uses within ¼ of a mile. However, based on the existing land use patterns around Cleveland Clinic, which is largely developed with residential uses in The Vineyards, there are no such oppommities within this PUD for additional medical uses. However, there are some Estates zoned properties subject to the Golden Gate Master Plan south of Pine Ridge Road and also on the west side of 1-75 that fall within the ¼ mile radius but no provisions in the Golden Gate Master Plan are provided for such uses. Therefore, amendments would be needed to the Golden Gate Master Plan to allow such uses. As a practical matter, the Estates zoned lots would require access through residential areas. Therefore, Estates zoned lots in the general area, also do not appear suitable for medical uses at this locai,,,,.~.c.~ DEC 7 2002 W52001L2001114~RLDWR011023.doc Pg. ~ Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 7 of 12 In summary, it appears, based on existing land use patterns around the North Naples Community Hospital and Cleveland Clinic, there seems to be limited opportunities to support any future medical zoning within ¼ of a mile of these facilities. Therefore, there would be little or no precedent in establishing future Commercial and Office Infill sites vis a vi the application of the ¼ mile medical facility provision in the Future Land Use Element within the Urban area on surrounding properties based on this consideration. C) Collier County Rezoning Criteria The following criteria are set forth in Section 2.7.2.5. of the LDC to aid in a determination of the suitability of proposed rezonings. A response is provided as to how each criteria can be found consistent with this criteria. 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. Response The proposed change can be found consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. 2. The existing land use pattern. Response The existing land use pattern is described previously in the text. Due to nonresidential uses currently developing and permitted on the west side of Veterans Parkway, the land use pattern emerging is nonresidential on Veterans Parkway. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response The subject property has not resulted in the creation of an isolated district when evaluated in the context of nonresidential uses emerging on the west side of Veterans Parkway. As noted, all traffic on Veterans Parkway is currently generated by institutional uses on the street i.e. Veterans Park and a fire station with future commercial uses planned in the immediate vicinity adding to this traffic. The Cocohatchee River also serves to provide a natural separation between residential uses to the north and east of the subject property providing for a natural separation between residential and nonresidential uses at this location. DEC 1 7 2002 l 14~RLD~"R011023.doc ~'~l W:~2001\2001 I ! Mx. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 8 of 12 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response The proposed zoning district boundary is logically drawn based on existing conditions on the property including the natural separation established by the Cocohatchee River. The depth of commercial zoning does not extend beyond the depth of commercial uses approved on the west side of Veterans Parkway which are defined as abutting uses under the Commercial and Office InfiIl Subdistrict as set forth in the Future Land Use Element. $. Whether changed or changing conditions make the passage of the proposed amendment necessary. Response. Yes. The emerging nonresidential land use pattern on the west side of Veterans Parkway, and the future development of commercial uses along this roadway have changed conditions in the immediate area which now support limited future commercial uses, as allowed by the Commercial and Office Infill Criteria of the Future Land use Element. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response The proposed change will not adversely influence living conditions in the area with limitations on uses and height provided for in this petition. Office uses unlike retail uses are ora character and nature where they can be found to be compatible with residential uses in the vicinity of the subject property. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction p? 'ases of the development, or otherwise affect public safety. Response Based on the T.L$. provided with this zoning application, traffic impacts are not deemed to be significant nor will the project lower the level of service on any roadway. - 8. Whether the proposed change will create a drainage problem. DEC 1 7 2002 W:k2001X2001114W. LDWR011023.doc p~,~ _ L Mr. Fred Reischl East Veterans Park Office Site I-IM File No. 2001114 Page 9 of 12 Response The proposed C-1 district has a positive ouOeall to the Cocohatchee River at this location and will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response The setbacks of the C-] district combined with limitations on height will not seriously reduce light and air to nearby residential areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Response Limited office uses, carefully planned, screened and buffered from nearby residential uses at this location will not reduce property values in the general area unlike other types of commercial 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response The proposed changes will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response The property change will not cor~'titute a grant of special privileges to the subject property because it can demonstrate compliance with the Growth Management Plan's Future land Use Element. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. I WA200 B2001114~RID~FR011023.doc Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 10 of 12 Response The property could be developed with residential uses, affordable housing, and Conditional Uses permitted in the RSF-3 district such as childcare center, churches and the like. Limited office uses can be found compatible at this location as could those other uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response Proposed C-1 uses with limitations on uses, building height, and setbacks along with retainage of vegetation along the Cocohatchee River can be found to be in character with the needs and scale of the neighborhood and county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response It is not impossible to find other sites in the county to meet the needs of uses proposed in the C-1 district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property useable for any of the range of potential uses under the proposed zoning classification. Response The site has a limited amount of wetlands on the subject property and the degree of site alteration required for proposed limited office uses can be accommodated to make the property usable for the proposed range of uses. The majority of the wetlands will be preserved on the property with the exception of a small wetlands area on the southern portion of the property, which may be impacted depending upon permitting considerations. 17. The impact of development on the t. vailability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as def'med and implemented through the Collier County Adequate Public Facilities Ordinance (Code ch. 106, art. II). as amended. DEC 1 ? 2002 pi. ~'~ W52001~2001114~LD~'R011023.do~ Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 11 of 12 Response Public facilities are adequate to support the needs of the proposed development including transportation facilities with the exception of a portion of lmmokalee Road between U.S. 41 and Goodlette Frank Road. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. Response The petitioner will consider any further reasonable protection measures to protect the public, health, safety and welfare. D) Other Issues Transportation Based on the link specific services volumes for peak hour season-bi-direction to traffic, the links analyzed as part of the T.I.S. will not be significantly impacted because trip generation is less than five percent of the level "C" service volume. All roads within the Study area will operate at an acceptable level of service with the exception of Imrnokalee Road from U.S. 41 to Goodlette Frank Road which will operate at service level "F" under 2005 background conditions. However, if this roadway were widened to a six lane facility, it would operate at an acceptable level of service. Therefore, the proposed zoning request may be found consistent with policy 5.1 and 5.2 of Traffic and Circulation Element of the Collier County Growth Managemem Plan, because impacts are not significant and the project will not lower the service level of affected roadways. (See attached T.I.S.) Environmental A request for a waiver from the requirement to prepare an Environmental Impact Statement (E.I.S.) is requested as part of this application. (See attached correspondence and environmental assessment.) E) Archeological Resources The subject property is not identified as having any archeological resources located on it based on the County's archeological maps "Area of Historical/Archaeological Probability". A site inspection by a qualified archeologist also found no such resources (see attached letter from Marion Almy of Archaeological Consultants Inc). AGEIT~A I~ DEC I 7 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 12 of 12 F) Conclusion. Based on the foregoing information, I trust you will find that the proposed request for limited C- 1 commercial uses for the subject property will be found in compliance with the Collier County Growth Management Plan and generally accepted planning principles and practices and applicable requirements of the Collier County Land Development Code. Furthermore the proposed use may be found to be compatible at this location with the development standards proposed and existing conditions on and surrounding the property. Very truly yours, HOLE MONTES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/dj Attachments DEC 1 7 2882 W:~001~001114hRLD~0110B.doe ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UN-INCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-l; PROVIDING FOR STAFF AND PLANNING COMMISSION STIFULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, of the Veterans' Office Park Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 26, Township 48 South, Range 25 East, Collie~ County, Florida, is changed fi.om RSF-3 to C-l, and the Official Zoning Atlas Map numbered 8526N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the stipulations in Exhibit "B". SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. DEC 1 7 2002 PASSED AND DULY ADOPTED by the Board of County Commiss/one~s of Collier County, Florida, this ~ day of ,2002. BOARD OF COUNTY COMMISSIONERS COl .~ .mR COUNTY, FLORIDA BY: lAMES N. COLETTA, CHAmMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Lesal Sufficiqncy Assistant County Attorney DEC 1 7 2002 RZ,-2001-AR-1649 LEGAL DESCRIFFION THAT PORTION OF THE WEST 1/2 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 26, TOWlqSHIP 48 SOLrrH, RANGE 25 EAST LYING Sou'rH AND WEST OF SOUTHWIlq'DS ESTATES; AND THE EAST $ FEET OF THE EAST 1/2 OF THE EAST 1/2 OF TH~ NOR. THWF. ST 1/4 OF ~ NORTHWEST 1/4 OF SECTION 26, TOWNSHI~ 48 SOUTH, RANGE 25, COLLIER. COUNTY, FLORIDA. DEC 1 7 21)1)2 RZ-2001-AR-1649 REZONE CONDITIONS 1) Building height shall be one story with a maximum of 18 feet. 2) A Type ;'D" Landscape Buffer, eight feet in width, shall be indicated on the Site Development Plan. The buffer shall begin at the Immokalee Road property line and continue south to the Cocohatchee River. 3) The following uses, generally permitted in the C-1 Zoning District, shall not be permitted on the parcel of property that is subject to the rezone. They are: barbershops (group 7241); beauty shops (group 7231); shoe repair shops and shoeshine parlors (group 7231); individual and family social services (group 8322). 4) parking lots at the rear of structures abutting the Cocohatchee River are prohibited. ,, 5~ A Type "B" Landscape Buffer along the Cocohatchee River shall be indicated on the Site Development Plan. The buffer, shall incorporate the existing native vegetation. 6) A wall shall not be required along the Cocohatchee River. '7) A sidewalk, six feet in width, connecting Bethany Place to Veterans' Park Drive through the buffer required in condition 2, shall be indicated on the Site Development Plan. sx] zBrr DEC 1 7 2002 EXECUTIVE SUMMARY PETITION: DOA-2002-AR-2567, ROBERT MULHERE OF RWA, INC. REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC. & COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" DEVELOPMENT OF REGIONAL IMPACT (DRI), FOR THE PURPOSE OF INCREASING THE ALLOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERALL GENERAL OFFICE LEASABLE FLOOR AREA OF 295,888 SQUARE FEET AND TO CORRECT A SCRIVENER'S ERROR CONTAINED WITHIN THE DEVELOPMENT ORDER FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUDA-02-AR-2566 OBJECTIVE: This petition seeks to amend the Pelican Marsh Development o£ Regional Impact (DRI) Development Order as noted above due to "evolving market conditions" and to correct the inadvertent omission of the term "office uses" from paragraph four of the Findings of Fact within the Development Order during the last amendment. CONSIDERATIONS: Collier County approved the 2,214-acre Pelican Marsh PUD/DRI on May 25, 1993. In 1995, the PUD/DO was amended to allow for 500,000 General Floor Area (GFA) of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, thc PUD/DO was again amended, reducing the general retail GFA to 300,000 and the general office GFA to 200,000, of which 50,000 could bc medical office. In May of 1999, both the PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendment, while thc total allowable GFA of general office remained at 200,000 square feet, the maximum amount of thc GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999, thc PUD and DO were again amended to reduce the maximum GFA of general retail from 395,000 to 381,000; to increase thc maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. It was during the last amendment process that the phrase "office commercial use, with up to 9,000" was inadvertently left out of the DO, resulting in a conflict between thc DO and the PUD DEC 1 7 2002 .... FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking medical office space in the Pelican Marsh Activity Center. This includes the following comparisons of approved development to the proposed land uses for portions of the Pelican Marsh DRI: LAST REVISED AMOUNT OF INCREASE DEV. ORDER NOPC OR DECREASE TOTAL ACRES: 80 80 0 RETAIL COMMERCIAL: 381,000Sq. Ft. 381,000Sq. Ft. 0 * GENERAL/MEDICAL OFFICE: 295,800Sq. Ft. 295,800Sq. Ft. 0 HOTEL ROOMS: 450 450 0 * Of the 295,800 square feet of General Office allocation, the Medical Office allocation will increase from 9,000 square feet to 26,000 square feet. This represents a reallocation of 17,000 square feet of floor space. Therefore, based on the above referenced change in the allocation of floor area, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public .... facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. The increase in medical office GFA will result in higher impact fees for new developments within the activity center due to a slight increase in the frequency distributions factors of medical office compared to general office In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Approval of this amendment will not have an adverse impact on the Growth Management Plan. The proposed amendment will result in changes within the 80-acre Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The site is also within the designated Mixed Use Activity Center #11 Sub-district on the Future Land Use Map of the Growth Management Plan (GMP). This Sub-district was created to accommodate the commercial activity the proposed changes will generate. The resulting increase in medical office space will result in a total 1.2 percent increase in daily trips for the activity center, a level below the established threshold for impact. HISTORIC/ARCHAEOLOGICAL IMPACT: The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map Therefore~ no .-..- Historical/Archaeological Survey and Assessment is required. Ac, r~oA ~ DEC 1 7 2002 2 Pl.... ENVIRONMENTAL ISSUES.' The Environmental Review Staff has recommended approval as submitted since the project will not have an effect on the 330 acres of existing preserve area which is also &signed to accommodate a full range of conservation and limited water management uses and functions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (EIS) is less than 5 years old and the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on October 3, 2002. During the meeting, the CCPC voted unanimously (9 to 0) to forward Petition DOA-02-AR-2567 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. Since no person spoke in opposition to the petition during the public hearing, this petition was placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition DOA-02-AR-2567 as otherwise described by thc amending DRI Development Order resolution included in this Executive Summary. AGEI'~A ITEM DEC 1 7 2002 3 Pg. '~ PREPARED B~ DATE RAY.ND B~LLOWS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: SUkAN IyII~RRAy, AICP, MA/qAGER DATE CU ,--'~N~ PLANNING SECTION MARGARE~I']WUERST , , OR D PLANNIN(J~IgERVICES DEPARTMENT APPROVED BY: /~ M~ITY DEV. AND ENVIRONMENTAL SVCS. ~Z.02-~=2567~VB/rb/mb AGENOA LTEM D~C 1 7 ~002 4 Pg'~J'~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: October 3, 2002 RE: PETITION NO: DOA-2002-AR-2567, PELICAN MARSH PUD/DRI COMPANION ITEM: PUDA-02-AR-2566 AGENT/APPLICANT: Agent: RWA, Inc. Robert J. Mulhere, AICP , 3050 North Horseshoe Drive, Ste. 270 Naples, FL 34104 Applicant/Owner: J.E.D. of Southwest Florida, INC. Colony Corporate Centre, Inc. Joseph E. D'Jamoos, as its President 9150 Galleria Court Naples, FL 34109 GEOGRAPHIC LOCATION: The subject PUD is located north of Vanderbilt Beach Road (C.R. 862) and east of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) REQUESTED ACTION.',, This petition seeks to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order in order to increase the amount of Medical Office space allowed from 9,000 square feet to 26,000 square feet. This amendment will also correct the inadvertent omission the term "office uses" from paragraph 4 of the Findings of Fact during the last amendment. Prior to this Notice of Proposed Change (NOPC) application, there have been five (5) revisions to the Pelican Marsh DRI Development Or& approved in May, 1993. The five previous changes are as follows: DEC 1 7 2002 ! p~. Amended on 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations, addition of commercial and cultural uses and the increase in the number of golf course holes. Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) Amended again 12/9/97 (Ord. 97-79) - Increased acreage and revisions to land use allocations. Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and to reduce the commercial retail & office land uses and increase the number of golf holes. Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revision to Master Plan and to reduce the commercial retail & office land uses. 2002 PURPOSE/DESCRIPTION OF PROJECT: On May 16, 2002, the applicant submitted a Notice of Proposed Change to alter the square footage/intensity mixture for commercial retail, commercial office, and other allowable commercial uses in the Pelican Marsh activity center "AC" designation of the DRI/PUD as follows: · The applicant proposes to amend the PUD document Section VII, Paragraph 7.2 to increase the amount of leasable office floor area allocated to medical office by an additional 17,000 square feet, from 9,000 square feet to 26,000 square feet. · The proposed amendment will also correct a serivener's error to add the language, office uses, including up to 26,000 square feet of, which was omitted from the last amendment process. This change will make the PUD and the DO consistent. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The proposed changes to the Pelican Marsh DRI do not constitute a substantial deviation, as defined in Subsection 380.06(19) of the Florida Statutes. Simultaneous increases and decreases of at least two uses within an authorized multi-use development of regional impact falls under Section 380.06(19)(e) 5(c) of the Florida Statutes and shall be presumed to create a substantial deviation. As stated, the proposed amendment does not meet the above criteria for a substantial deviation. The SWFRPC heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Notice of Proposed change was adopted by the SWFRPC without changes on June 13, 2002. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional transportation impacts not previously reviewed by the regional planning council and the Council participation at the local government public hearing is not necessary. 2. Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. 3. Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. A~ITEM DEPARTMENT OF COI~ AFFAIRS: DEC 17 3 The Department of Community Affairs has not submitted any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Marsh Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Marsh PUD in order to increase the allocation of medical office use from the already approved gross floor area of office use and to correct a scrivener's error to add language to make the PUD and DO consistent. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the changes listed above are do not create a substantial deviation from the approved DO. This petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(0 4., F.S., the Department has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submitted as part of the NOPC. It is that information which upon review by SWFP~C concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. The proposed revisions to the Pelican Marsh PUD document and Master Plan (Exhibit "A") do not adversely impact any adopted level of service standard. This amendment only shifts allocations of the leasable office floor area to the category of medical office. The office floor area utilized to increase the medical use already exists; only it was classified as general office floor area. Comparisons of approved development to the proposed land uses for portions of the Pelican Marsh DRI Activity Center are as follows: LAST REVISED AMOUNT OF INCREASE DEV. ORDER NOPC OR DECREASE TOTAL ACRES: 80 80 0 RETAIL COMMERCIAL: 381,000Sq. ft. 381,000Sq. ft. 0 OFFICE: 295,800Sq. ft. 295,800Sq. i~. 0 MEDICAL OFFICE 9,000Sq. ft. 26,000Sq. ft. +17,0000Sq. ft. (Within 295,800Sq. ft. Office allocation) AGEI~I~ HOTEL ROOMS: 450 450 0 No..~t____ DEC I 7 2002 Staff is of the opinion that this amendment will not adversely impact the development strategy for the Pelican Marsh PUD or effect residential properties within or adjacent to the PUD. The purpose of this petition is to amend the Pelican Marsh PUD in order to increase the allocation of medical office use from the already approved gross floor area of office use and to correct a scrivener's error to add language to make the PUD and DO consistent. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition DOA-02-AR-2567 as described by the amending DRI Development Order resolution included in this Staff Report. pREPARED BY: MIKE BOSI, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: ~NT PLANNING S 'ECT'O(~.~d~.~ MARGA~ WUERSTLE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: ADMINISTRATOR E/ATE/ DEV. AND ENVIRONMENTAL SVCS. for the October 3, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABEKNATHY, CHAIRMAN , DEC 1 7 2002 5 pg.C-~ I' !0o00 O00ii i ~jl I_,, Jill = · '"'! I: [ , ,___., i ii'~' ! · & ! I - ! I ..- , I DEC 1 ? ~1 ~ ·, '. , PUDA - 2002 - AR - 2566 .. PETITION ~ER PRO,IECT #19990051 DATE: 6~3~02 DATE RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING 1. Name of Applicant(s): J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc. Applicant's Mailing Address: 9150 Galleria Court, Suite 100 City: Naples State: FL Zip: 34109 Tel. No.: (239) 596-2733 Fax: (239) 596-3686 Email: 9rahamnorcombe@~edflorida.com Is the applicant the owner of the subject property? X Yes ~c (a) If applicant is a land trust, so indicate and name beneficiaries.below. X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (See Attached) (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If 'applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. AC.~A ITEM M..\2001 Projects\01-02S7.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone ,,..,11 Name of Agent: Robert J. Mulhere, AICP Firm: RWA, Inc. Agents Mailing Address: 3050 North Horseshoe Drive, Suite 270 City: Naples State: FL Zip 34104 Tel. No.: 649-1509 Fax: 649-7056 Email: r~m~consult-rwa.com PUD ORDINANCE NAME AND NUMBER: Pelican Marsh PUD/DRI ordinance #: 93-27, as amended. · DRI/PUD Originally Approved on 5/25/1993 (Ord. 93-27) · Amended on 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations addition of commercial, cultural uses, increase in number of golf course holes. · Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) · Amended again 12/9/97 (Ord. 97-79) -Increased acreage and revisions to l~nd use allocations. · Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and allow commercial retail & office land uses (reduction) increase in golf holes. · Amended again .12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revisions to Master Plan and allow commercial retail & office land uses (reduction). DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT II RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. Pelican Marsh DRI: Collier County, all of Sections 27, 34, '3_____~5 and 36 and a ~ortion of Section 25, in Township_48 South, Ran_~25 East, and a portion of Section 31, ~ 48 South, ~ 26 East Full Leal Description Attache4. M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone plica ion\p - _ p ication-do° DEC 1 ? 2 5. Address or location of subject property: N/A. Multiple .-- rp_~erties within PUD, Hundreds of addresses. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO. All affected property is within Pelican Marsh PUD/DRI. 7. TYPE OF AMENDMENT: X A. PUD Document Minor Language Revision/Amendment B. PUD Master Plan Amendment X C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X YES No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? N__o PETITION #: DATE: ~ HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AI~D/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Literally thousands of parcels of land have been sold and are developed within the PUD/DRI. The parcels owned by the applicant are partially developed with office an~ ~etail/restaurant uses. The amendment will allow both existing and proposed office use to be leased for medical office use up to 26,000 square feet versus the current allowance for medical office of 9,000 s2~uare feet. 11. Nature of Amendment: The subject property is currently zoned PUD and is part of the Pelican Marsh PUD/DRy· Pelican Marsh PUD/DRI consists o~ ±2,213.6 acres of land located in Sections 27, 34, 35 and 3~ and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Town~hip 26 East. (Full Legal Description Attached). ~ ~ The property owner, JED of Southwest Florida, Inc. and Coloni' AG~NOA~ Co~orate Center Inc. has purchased several parcels of land~ ~_ ~ ~ _ M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone ica=ion PUD- _ ica=ion. o= DEC 1 7 2002 located with in the Pelican Marsh Activity Center designation, from the original owner, WCI. JED of Southwest Florida, Inc., commenced development on these projects, and while marketing these projects, found that there was significant market interest in medical offices within the projects. The projects are located in the northeast quadrant of Vanderbilt and Airport Roads. Both are' located within the co~,~ercial activity center designation of the Pelican Marsh PUD/DRI. The PUD and Development Order (DO) are being amended in order to increase the allowable Gross Leasable Floor Area (GFA) for Medical Office from 9,000 sq. feet to 26,000 sq. feet. This will result in a minimal increase in traffic, well below the 5% impact threshold. Specifically, according to the attached traffic analysis conducted by Ron Talone of David Plummer & Associates, the proposed changes result in an increase in daily external trips of only 1.2%, or 464 trips. Similarly, the changes result in an increase in PM peak houm external trips of only 0.9%, or 30 trips. In 1995, the PUD/DO was amended to allow for 500,000 GFA .of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, the pUD' was again amended, reducing the general retail GFA to 300,000 and the general office GFA to 200,000, of which 50,000 could be medical office. In May of 1999, both the PUD and DO were again amended [Note: the PUD and DO were not consistent in that the DO allowed 345,000 GFA of -general retail while the allowed 300,000 GFA of general retail.] In May of 1999, thc PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendment, while the total allowable GFA of general office remained at 200,000 squarc feet, the maximum amount of that GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999 the PUD and DO were again amended to reducc the maximum GFA of general retail from 395,000 to 381,100; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office fro,~t 25,000 to 9,000 GFA. [Note: It appears that during thit amendment process, the phrase ~office com~Lercial use, with up to 9,000" was inadvertently left out, again resulting in a conflict between the DO and the PUD. The relevant portion of the PUD (Ordinance 99-90) currently reads as follows= Section VII, Paragraph 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor .area) of retail uses; 295,800 square feet gross floor area AGENDAITEM of office uses, including up to 9,000 square feet M:\2001 Projects\01-0257.00 Pelican Marsh i~OD-DRI Amendment\0002 PUD Rezone DEC I 7 2002 Application\ PUD-DO_Appl ica~ ion. doc of medical offices; and 450 hotel rooms may be constructed on land designated as "AC." currently reads: The relevant part of the DO (99-473) Findings of Fact 4. The applicant proposes the development of Pelican Marsh Community consisting of 2,213 _+ acres, as depicted in the Master Plan, Map H3, attached as Exhibit D. " Pelican Marsh includes 80 acres of ~activity center" use which will contain the following land uses: up to 381,100 square feet gross floor area (GFA) of retail commercial uses; up to 295,800 square feet of GFA of medical office; and 450 hotel room. addition to increasing the GFA for medical offices, amendment will correct this scrivener' s error, makin~_t--~ ~-~ ~n~ ~ consisten~ The PUD is r~osed to be amended as follows: Section VII, Paragraph 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross 'floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to ~, 26___a, 000 square offices; and 450 hotel rooms may feet of medical be constructed on land designated as "AC." The DO is proposed to be amended to read as follows: Findings of Fact 4. The applicant proposes the development of the Pelican Marsh con~nuni ty consisting of 2213 . 6-~ acres, as depicted in the Master Plan, Map ~H3, # attached as Exhibit D'. Pelican Marsh includes 80 acres of ~activity center' use that will contain the following land uses: up to 381,100 square feet of 9ross floor area (GFA) ' of retail commercill use; up to 295,800 square feet GFA of office uses~ in61uding up to 26,000 square feet of medical offices; and 450 hotel rooms. Th'~ · ~elican Marsh Community will contain a maximum of 4,800 [may need to be adjusted] residential dwelling un/ts; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open M: \2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone DEVELOPMENT ORDER DOA-2002-A.R-2S67 RESOLUTION NO. 02 ~ A RESOLUTION AMENDING DEVELOPMEHF ORDER NUMBER 99-473, AS AMENDED, FOR PELICAN MARSH DEVELOPMENT OF RF.~ONAL IMPACT (DRI) BY PROVIDING FOR: SECTION ONE, AMEND~O THE FINDINGS OF FACT SECTION TO ~ AN INCREASE IN THE SQUARE FOOTAGE OF MEDICAL OFFICE USES AND TO CORREcr THE OMMISSION OF THE ~ "OFFICE USES' FROM THE FINDINGS OF FACT SECTION; SECI'ION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMIlTAL TO DEPARTMENT OF COMMUNn'Y AFFAIILq AND EFFECTIVE DATE. ~, WCIq Corrammitiea, Inc., (herein 'WCI~) filed on November 30, Ig93, with the County of Collier ~n Applie.~ion f~r Development Approval (ADA) of a Development of Rzgional Impact (DRI) known az Pelican Marsh Community in *_c__~:wdanee with Sub~ection 3.80.06 (6), Florida Statutes; and WI-IERF. AS, the Bo~d of County Commi~.~iuners of Collier County, Florida ~,~ov~i Devclopmcnt Order 95-1 (the 'Development Onion) for the Pelican Mm~h Cowry DRI o~ J~num-y24, 1995; md Development Order 95-5 by Resolution Number 95-555, ~II~nttin_a I]~'~'~l~ Ord~ 95-1, un September 26, 1995, to chm~ fl~c legal description of the Pelican Mm~ Connmmity; mxl Development Order 99-2 by Resolution Number 99-234, amending Devclopmmt Order 95-1, on M~y 11, 1999, to nmke certain revisions; md ~, the Boani of Com~ Connnimona~ of Comer County, Florida ~ Development Order 99-6 by Resolution Ntm~her 99-473, nvw-na~g D~vdopmont Order 95-1, on December 14, 1999, to m~ke cefl~in revision; ~nd mek~ cer~in revisions to th~ phn of d~vdopmmt md Dcvclepmeat Ord~ f~r thz Pelican ~, tl~, Board of County Commi~siouer~, -* the ~vernin~ body of thc DEC 1 ? 2002 No. on ,2002, which ku the effec~ of smending ~he FUD zo~_e for the Pelicsn ld~rsh Connnuni~ p~,iously sl,jxoved in Ordinm~ No. 99-9O; end proposed cbnses to the Pelican Marsh Connmmity Development Onier 95-1, as reminded, mi the reco~d made at mid beati~ ~! l~ving co~id~red th~ _v~__~_ ofth~ doeummlnry ami mai Count7 Planning Commission; the t~--port and ~mm~ndnfion~ of the Collier County ~_~ and Advisory Boar~; the report and r~.ommendntions of the Southwest Florida l~giomd C~un~, the Bomxl of Count7 C. ommis~ionera of Collier County her~y approv~ the following Pelimn NOW, ~OP,.E, BE 1T RESOLVED, BY TF[E BOARD OF CO1.~qTY COMISSIONERS OF COL~.~R COUNTY, FLORIDA THAT: SgCTION ONg: AlVIgNI)~ TO i)KVglX)PIVIgNT ORDer. AND A. paragraph 4 of the Findings offset Section of the Development Ord~ 95-1, amended (Resolu~on 95-71, a~ amended), for the Pelican Marsh Comtmmity DRI is hereby read as follows: " 4. The applicant propo~s the d~.v~lopm~t of the Pelioan Marsh Community ~-~ of 2213.06+_ acrr~ as depict~l in Mast~ Plan, M~ "1~3" attached as Ex.'bit "D'. Pelican Marsh mclud~ $0 ~ of"activity cen~ use that will con, tin the following land use~: up to 3~1,000 squa~ feet of gro~ floor area (GFA) of retail e, ommer~4al use; up to 295,$00 squa~ feet GFA of office uses, including up to 26,000 squa~ feet of medi~l offices;and 450 ho~! rooms. ~ Pelimn Marsh C. on~mun~ will ~o~-~i'' · maximum of 4,g00 [may need to be adjust~l] residmtial dweuia_~ units; 72 holes of golf and clubhouseg, 360.4 a~ of conservation ~ (sotn~ of which is ~4~ an FP&L easement); 114.2 ~ of open spa~; anda 20 am~ school si~. SgCTION TWO: FINDING8 OF FACY A. The sPPt°v~ land use~ within the Pelican Marsh DRI a~ depi'g~! °n Ms~ ~3"' Master pisa, which is msri~ Exhibit 'D', nttac~ her~o smd ~ b~ C. The &.veiofmgnt of Pelican Ma~h C~'~iii~nit~ °n 2213'6+- a~s °f land shall in'link th~ land uses d~acn'bed in the above Findinss of Fact a~ l~h 4. AGE~'J.~ ITEM the lrovisiom of Se~ion ~80.06, F/or/da ~tatu~. SECTION THREE: CONCLUSIONS OF LAW A. The request~ tmendment of this 12r~-viomly aMroved Developmmt Or6~ is B. The proposed ame~d~nent to th~ lX~Ously ~ Development Onler will not ~ly interfere with the nchievement of the objectivea of the ~ State Lnnd Development Plan applicable m th~ ~ consizt~t with the Collier County Growth Managment Plan and th~ Land Dev~l~t Regulations adopted puraumt tl~. D. The proposed amendm~t to the p~-vioudy approved Development Order is SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELO~ TRANSMYXTAL TO DCA AND EFFECTIV~ DATE. A. Except as mrtnclod hereby, Devclopn~nt Order 95-5, as an~nciecl shall mn~in in full force and effect, binding in the acccwdnnce with its terms °n ~11 partiM hn'~' ThiJ amended Dcvciopmemt Orc~ shall tzkc precedence over &il other applicable previous and subsequent Development Orders which arc in conffi~t thereof. B, Copies ofthc Devei°Pmere Ord~ N°' 02'-~' sbll be tranmnit~d immodiat~'ly up°n executim to tb~ ~ of Co,~nity Af fairs, Bureau of Land snd Wa~r Msnqunn~ C. This Dcvciopm~t Ord~ droll tak~ effect as provided bY law- BE 1T FURTHER RESOLVED tht this R~olmi~n be recorded in the minu~s of this Done this day of ,2002. Ar~N~ iTEM DEC 1 7 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOP. IDA BY: - ATTF~: DWIOHT E. BROCK, C'LHKK Approval ~s to Form and Lepl Suffici~c~ ~rjori¢ M. Student Assistant Coun~ Am~rney DOA.2002-AR-256'//R~/sP AGEN~ t'rEM DEC 1 7 2002 AFFIDAVIT I, Elizabeth A. D'Jamoos, attorney-in-fact for Joseph E. D'lamoos, President of J.E.D. of Southwest Florida, Inc., and President of Colony Corporate Centre, Inc., being first duly sworn, · depose and say tbst I am authorized to represent J.E.D. of Southwest Florida and Colony Corporate Centre, Inc, and have been granted written authorization by $cm'y L. Starkey, Pres/dent of WCI Communities, Inc., wh/ch is the controlling developer/owner of the Pul/can Marsh PUD (the property described herein), the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As author/zed representative for the property owners, I fu~er authorize Robert J. Mulhere, AICP, to act as our representative in any matters regarding this Petition. J.E.D. of Southwest Florida, Inc. E. D'Jamoos~'as its President by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. JogcZph E. D Jan~s, as its Presiden~ / / by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLL/ER Sworn to and subscribed before me this 16~ day of May, 2002, by Elizabeth A. D'Jamoos, who is personally known to me or produced t~.~.~,~ ,/~ z,-zo, O as identification. (se ) · DEC 1 ? 2002 "'~'~" '~'~ ~'~n~'~'~ ~'~', ~ PROJECT DATE: 6/3/02 RAY B£LLOWS 05/06/02 MON 13:59 WCI-~XECUTIVE OPFIC~ Fax:g41-498-8~ Mm9 6 2002 12:57 P. O~ , COMMUNITIES, INC. w~dJ,~ Cm~m ~ [ A~I ]0, ~002 ~ir · ~;., ~ ' Colony Coyote C~ o~ ~,,, ;~ ar-, WCI Co~u~fi~ of 24301 W~den Cen~ Drive, Boni~ c.~ ~ ~..,. o.b ~ 34134, supp~ ~c pm~ a~dm~t ~ ~e P~ M~h c,,~ ~, ~,~ ~~ tO increase ~e ~o~t ofMe~ 0~ sp~ ~1o~ ~i., ~ ~om 9,000 squ~e.fe~ ~ 26,000 $q~ ~t, Col. ar C~t ~ ~h~) WCl Commu~ties auto.s 'Colony C~or~e ~o,~ m ~bmit the applicon m Colli~ Coun~ ~v~t ~ ~nd the p,)i~, s. ~~ in this m~. Pdiaa Hm~ ting Innovative Business Destinations J.E.D. OF SOUTHWEST FLORIDA, INC. May 16, 2002 RWA, Ine 3050 North Horseshoe Dr., Suite 270 Naples, Florida 34104 To Whom It May Concern: Please be advised that authorization is hereby given to the firm of RWA, Inc., to act as agent in all actions relating to the zoning amendments submitted on behalf of J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc,, with authorization from WCI Commtmities, Inc., and affecting the tbllowing described lands: . Pelican Marsh PUD/DP, I: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Township 26 East. (Full legal description is attached.) J.E.D. of Southwest Florida, l. ne. .- Jo~epl~E. D'Jamoos, a~]ts Presiden{ . by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. Jog~ah E. D'Jam~os, as its President ' / by Elizabeth A. D'Jamoos, Attorney-in-Fret for .Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COT.T The foregoing instrument was acknowledged before me this 16th day of May, 2002, by Elizabeth A. D'Jamoos, as attorney-in-fact for Joseph E. D'Jamoos, who is personally known to me, and who did not tak~ an oath r' 9150 Galleria Court, Suite 100 Naples, Florida 34109 Phone: 941-596-2733 Fax: 941-596-3686 www.~edflorida.com Agent. $. 6.0:2 FIRST: Thc ~ of the corporation (the ,,Corpotstion") is cOLOI~/CoRPOI~ATE C~I~"rRE, I~C. SECOI~ID: The Frincipal office of the Corporation is t3~56 .Rosewood Lane, Naples, Plol4da 34119. TtllRD: Thc purposo o~ purposes for which thc Corl~rafi°n is orsanized are to e, nga~e in the transaction of a=y or all lawful business for which corporations rr~ be incorporat~l under the prOViSions ofttw Ftorkla Busincss Corporation Act. FOURTH: The age,arc number of shares which thc Corporation shall havc authorlt7 to is~u~ is o~ h ,~dred (100) shares of common stock, and d~ par valt~ of each such share is Ouc -- FIFTH: The strcet address of mc.tmon' ,~q~ . · a$cnt Tamiami Trail North, Suite 402, NapLes, ~loncta 34103, and the npme of ~ts tuit)al rcgtstcrea ~_ at such acld.,'e~5 is David lq, Morrison. SIXTH: T~e numbr: of directors constitugn~ the iuitial Board of Directors of thc fi. om gn.~ to tlr~ bY the Bylaws, Corporation is oae (l). Th~ number of directors may be [u~ of the Corporation but shall never be less than on~ (1). TI~ n~mc and address of the initial director is: lo~ph E. D'Jamoos 13356 Ros~'c)od Lane Napl~,, Florida 34119 SEVENTH~ The ~rne and address of thc pet~on silFgn~ these Articles oflncorporalion is Joseph B. D'lsmoos, 13556 Roscwood Lan~, Naples, Florida 34119. - · · tile ri 111o ~ v ,-u---- n the .. This Corporaaon rcser~cs ~. _ ~ ~isha coat. red NINTH ....... .~ a,.,,om to them, aad s~lders a~e subject to this reservation. . .- :: _.. PUD A-2002-AR-2{66 i~c"r~'~.~ ',... " PROJECT #1999(Ip$1 DATE: 6/3/02 I · 04/R1/02 ~ON 11:55 F.,~X ~003 IN WITNESS WI-IEREOF. the undersigned Subscriber, for thc purposes of forr~r~g a corporation,,~acr ~ Florida Business Corporation ~ lus executed these Articles of Incorporation .,._.. this day of ~anuary, 199S. STATE OF FLORIDA -- COUNTY OF COLLIF-~ Thc forcgoing Lnstmme~t was acimowledgcd before mc th~ ~._~__~day ofSanuary, 19~8 by. $OSir-1'1:1 E. D'3AMOOS, v-bo is pctso,m]ly knoum to me or w~o lu~ produced (type of iden~Cicafion) s.~ identification end who did (did nol) take m:t o,,~h N(~TB: If a ~ of identification is nol inscrtcd in thc blank provided, flxcn the person exccutir~ this M.~umcnl was pcrso~ly known to mc. If thc words in the parenthetical 'did no~' ~ no~ cL-clcd, thou the p~rson cxecu~nl this instrument did tnke au oath. _ (Type or print Nnmc of Acknowledger) I, the undersigned person, having .b~c, n named ~ registered a~e~n nnd u,.nccept ~ce.of al~oinm~m u reghtcrm/a~ and agre~ ~ act ut th~ Cal~C~ty. I fm, U~ agree xo compx~ m Fwvisions of all statutes rc!~'{nS to the l~OPe~ and complete pe~fonnnnce ofmy dufi~ and I mu famiUar with and accept the obl~g~ons ofmy position as m~ ngcnt. DAVID N. MORRISON AGEN~ rredd DEC I 7 2002 FIRST: Thc name of tho corporation (thc "Corporation") is ,lED OF SOUTHWEST FLORIDA, INC. SECOND: The principal office of the Corporation is 13356 Rosewood Lanc, Naples, Florida 34119. THIRD: The purpos~ or purpose~ for which thc Corporation is or~anizod are to cngag¢ in the tmnsa~on of any or ail lawful business for which corporations may b~ incorporated under tl~ provisions of the Florida Business Corporation Act. FOURTH: The aggregate number of shares which the Corporation shall have authority to issue is one hundwd (100) shares of common stock, and thc par value of each such share is One and 00/100 Dollars ($I.00). FIFTH: The street address of the initial regislemd office of the Corporation is 3838 Tamiami Trail North, Suitc 402, Naplcs, Florida 34103, and thc name of its initial r~gistered agent a[ such adcir~ is David lq. Morrison. SIXTH: The numbe/of directors constituting the in/gal Board of Directors of the Corporation is one (l). The number of dir~tors may be increased from time to time by thc Bylaws, but shall never be less than onc (I). The name and address of thc i~itial clir~Wr of the Corporation Joseph E. D'$amoos 13356 Rosewood Lane lqaples, Florida'34119 SEVENTH: The name and adckess oftbe person signing these Articles of Incorporation/s Joseph E. D'$-~moos, 13356 Rosewood Lanc, Naples, Florida 34119. EIGHTH: Th~ power .to adopt, alter, amend or repeal Bylav~ shall be vested in*,he Board of Directors and the SI areholders. NINTH: This Corporation resorts thc fight to amc'nd provisions contain i in these Articles of Incorporation, or any amendment to ~ and any fights conf~ upon thc Shareholders ar~ subject to this lz~ervation. AG~k~"~A DEC 17 2OO2 11:56 FAX [~005 IN WITNESS WHEREOF, thc undersigned Subscriber, for the purposes of fonnin~ a this /~C day of A~$us~, 1995. STATE Ok' FLORIDA COU'N'fY OF COLLIER Th~ foregoing/nstniment was acknowl~lged b~fore me this ].~'~day of August, 1998 by ,IOSEPH E. D%IA1VIOOS~ who/s personally known to me or who has produc_~4_ (type of idcnt/fie, at/on) as identification and who d/d (did not) take an oatl~ NOTE: Ifa type ofidentifieat/on is not inserted in the blank provided, then the p~rson executing th/s instrument was persor~ly known to me. If thc words/n the parenthetical "did not" are not ¢/rcled, then the person exe~uthag this instrument did take an oath. (Typg o~ p~t Nm*~c o£ ^ck~owiedg~) I, the undersigned person, having been named as registcred agent and to acco-pt service of process for the above-stated corporation at the place designated in this statement, hereby accept the appoinmaent as registered agmat and agree to act in this capacity. I further agree to comply with the provisions of all stmaztcs relatin~ to thc proper and complete perfommnee of my duties, and I am familiar with and accept the obligations of my position as registered agcnt. DAVID N. MORRISON Date: Augu.~ /a~- , 1998 I;X)C~C~D~t AGENDA ITEM DEC 1 7 2OO2 AGEI~& ITEM DEC 17 2002 DEC 1 7 2002 Pg. ~ 1~008 CB: 2G2J ~G: 30~S AGENDA ITEM DEC 1 7 2OO2 04/.01/02 NON 11:57 FAX ~]009 ·: 2i~J I,G: AGENDA ITEM DEC I 7 2002 pg.'~ · ~oio 04/,01/02 i/ON 11:5'/ FAX ~m~ ~ ~m~---- ~ _/~- ~-~ -- -, EXHIB~ A DEC 17 2002 0¢/O1/02 MON 11:57 FA,I ~1011 .- -. AGENDA ITEM D~C 17 ~0~ DEC 17 2002 U4/U.]./U7. IU~ .LJ,;O~. .eA.A 2483718 OR: 2552 PG: 0992 · ,: ~., COltS ~7UOOI.QO ~l ~' 'T'~s h~em p.:pa~od By: UC VI! ¥ivie~ N. ~ ~. ~C-,~0 2~0~ WCI ~~ L~ ~P le~: ~ ~ ~: Ot~120~ THIS WARRANTY DEED made this ~0_ day of May, 1999, by WCI COMMUNITIES LIMITED pARTNERSHIP, a Dclaware limited parmership, h~ving its principal ple, ce of business at 24301 Waidan Center Drive, Bon/m Sprin~, Floricta 34134 C'Cnznt,:,r") to COLONY COILPO~TE CENTRE, INC., · Florich corpomdo., bavi~8 its principal place of b~iness at: 13356 Rosewood Lane, Naple~, Florida 34119 ('Oran~ee"). (whichever ~ed he. rein the terms "Onmtor" and "Grantee" include all the parties to this instrument and t~e ~ legal representatives and assigns, &ssi~ of individuals, and the successors and assiF~s of corporations). WrI'NF~SETH: That Grantor, t'or and in consideration of thc sum of $10.00 and other valuable conslde.~atton, receipt whereof is he.by aeknowled8ed, hereby 8tant~, batsnin.~ sells, aliens, remiscs, relea~ea, conveys, and confim2s unto Grnntee, all that Detrain land situate in CoLlier County, Florida. ~ All that part of Section 35, Township 48 South, Rnnge 25 Fast, Collier County, Floddii~ being more pertieulaHy described on Exhibit #A" attached hereto and made a part hereof, being 9.66 seres more or ie~s (the "Property"). A. Taxes and ns~s_ement~ for 1999 and subsequent yeats; B. That certain DECLARATION OF GEN~ COVENANTS, CONDITIONS ~ RESTRICTIONS FOR PELICAN MARSH re. corded in Official Records Book 1891, P~ges 1814 tkrough 1865, inclusive, of the Public Records of Collier County, Florida, as m-ne~ed or supplemented; C. That certn~ DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PELICAN MARSH, SECTION 3~, TOWNSHIP 48 SOT.ri'H, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PARCEL I L~O CENTER to be recorded simultaneously !~ D. Applicabl~ comprehmnsiv~ plans, or ~lements or portions hereof, land development r~gulatious in¢ludi-_o zonin8 and subdivision ot~_~nnees, d~velol~n~nt orders, Pelican Marsh DI~I D,~v~lopm~t ~ ~-1 adopted by tl~ Board of Courtly Commissioners of ColHer County, Florida pm, suant {o l~lution No. 95-71 dnted Sanuery permits and other resulations and conditions of all 8ovemmemai a~cies eonce~ni~ th~ F.- Tbe Pelion ~ Planned Unit Development assigned o~linance number 97-79; F. ~ Pl'operty J~ V,,{thln t~ Pelican Marsh Community I)~w~l~ Distri~ ("DLstrici") and (h-anl=e shall be subject to Dislzic~ a.~_~,ments to time. GRANTEE IS REQUIRED TO INCLUDE THIS SUBSEQT. fENT DEEDS CONVEY]NC A PO:R:TION OR ALL Olt ~ PROPERTY. AGEI~A ITEM Construction P!~,,, and Sp~'ificntions [Lg cte~ned in t~e Deposit l~ipt and Sales A~ lent DEC 1 ? 2002 ~J UJ.& (18) mon~ ~m ~e ~ of ~s W~U ~ ~ ~~cnt of Co~on~ of Co~ Co~, Flon~ ~ governs ~, ~d Bo~ of Su~ of Peli~ ~h Co~i~ Dcvclopment D~ which app~ of ~ ~ O.~ B~k 1~1, 1. N~ of Adop2on of D~vclopmen~ ~cr ~ M O.~. B~k 2067, P~e ~ Nog~ of C~ of Dcvclopmenl O~cr ~rded ~ O.~ Book 2153, pa$e 19~, of ~bllc R~ of CoBi~ Cowry, Fiori~ Aus~ 13, 1968 ~d ~~ by ~lufion ~ted May ~, 1976, ~d ~ in Pa~e 1239, of~e ~c R~ of Co~ Co~, ~35, P~ 375, of ~c p~lic ~ of Collier Co~, Flofl~ ~ commie ~ q~i~ ~ ~ ~u~twn ~h hotel ~Y i~ on V~b2t DEC 04/01/02 XON 11:59 FAX OR: 2552 ?G: 0994 CTrnntee ts hereby notified ~ (1) tl~ Prol:~'ty Gtlmee ~ p~g is I~ ~n a h~e ~~U ~nc; ~) ~ h~e e~c~gon ~e for ~e So~ Flo~ ~i~ ~ M~ ~d (3) h~ shel~ ~ is ~. G~ ~ ~Q~D TO IN~E ~S NO~ICA~ON ~ ~Y SUBSEQ~ D~DS CO~G A POR~ON OR ~L OF ~ PROPERTY. ~wr ~y ~v~ ~ f~ simple; ~t ~t~ ~ go~ ~t ~r ~by ~ly ~ doe to ~ ~ i~ ~ ~ m ~ h~to ~. by i~ ~ o~ ~ d~y ~~ ~ ~y ~d y~ ~ a~ve Si~ ~ ~d ~ ~c p~ off a Dela~ li~ ~p ~ N~= of ~s ~2 STA~ OF ~O~A CO~ O~ LEE Mi~ ~d~t of WCI Co~~ Umit~ P~m~ip, ~ Dclaw~ 1~ ~~p, on ~S my ~ ~ o~ci~ ~ ~s ~ ~y otWy, 1999. ~ ~11~ DEC 1 7 2002 04/0X/02 lION X~:O0 FAX Ue3CrlptlOIt Of rar't OJ~e~tofl J3, tOwnan,l~ ,qo ovum Passe 25 East, Collier County, 1;}orlda Pelican Iv(dish Laarnln~ Center Phase A~I that part cE'Section 3,~, Township 46 South, Range 25 E~st. Collier County, Florida and being more panicularl,y dcs~ibed as follows: . Conu~encing at Ihe southeast cornct or.id Section 35; thence along the south line of'said Section 35, South 8SP38'$4" West 100.OO feel Lo s point on the west rij;ht.-o~'-way line o~'AJrport-Pulling Road (Ca .1 Il; thence cot~tinue along said ae~tlon line,, South 69°36'.54" Welt 77 I.'70 ('eec the, ncc leavit8 Said section line, I',forth 00'2! '06" We, st 160.00 reel; thence South 69'38' 54" West 40!).51 Feet to the Point c~'aeginning or the parcel herein described; thence South 69'.~6'$4" West 804.26 reel: thence Noah 00'20'33" West ~2(5.:25 feet to is point orcur~ature; thence easterly 38.79 ~'eet alon3 the arc ora noq-t&ngentlsl circular curve concave northerly having a radius or471.79 rea: through a central angle o~'04~4:2'41" and being subtended by chord which be.a~s South Si°! 1'23" East 38.78 thence easterly 122.14 t'ect alonl~ t lie are o~'a non-tangential circular curve concave northerly havin~ · radius ol' ~57.50 [eel throug]~ a central' angle o./r 07" 18':!2" and being subtended by e chord wl~ich bears South 87°51'03" East 122.0~ £cct: thence North 68'i3'42" East 473.65 feet; Ihenca e. uterly 86.69 I'oat &tong the arc ol'e non-tangential circular curve concave northerly having a radius of'747.92 Feet through a central angle oi~06'.18'27'' and being subtended by a chord which bears North 65e08'57' East 86.(54 t'cct: thence easterly 64.34 I'cet along the arc cfa non-tangentla! circula¢ curve concave northerly, having a rtdlus elf3 I?.?0 feet through a central angle chord which bears Florth ?-~° I I 'd(~" ------------------B~st 64.2:3 thence northeasterly 27,~)& reel along the arc of'a non-tangential cirr, ular curve concave northwesterly, herin& a r~dius of 5g.34 feet through a centnd an~le subtended by · chord which bears North 52'O$'39" East 27.7 tl~ence alo,g a non-tangential line South 00020'33'' East 565. ICj feet Io the Point or Subject to easements end re~trictlons oFrecord. Containing 9.66 acres more or less. j~aerlnss &re base(~ on the south line o['sR;d Section 35, South 69"38'5~" West CertiiTcate ol' authorization #LB-43. ~Y[I.,SON, MZLLER. J3ARTO1'4 & PEF.-~, TI,lC. Registered F_,ngineers and Latsd Surveyors Date By: - John P. Maloney, P.S.M. #44~3 Not valid unles: embossed with the Pro('essional's seal. R~. 2L,-444, sheet 2 DEC 17 2O02 ,,, ~ ; ~ ~ ~ ~ -:. ~ I~ / i_~ ~U~~ EXHIBI 04/01/02 MO~I 1Z:UU · 23 q293 OR'. 2415 PC*: 1635 Mc m H.O~ v~ ~. ~ ~' I~: 2430~ W~ ~ ~ 2~{01 ~Dll ~l ~ W~ g~ mdc ~b ~ -~ of~, 1~8, - o~ ~U r~~~' ~ l~t~ ~ip, hav~{ i~ ~ci~l pll~ of ~slnc~ at 24{01 W~d~ ~ ~v~ m: ~ OF SO~~ ~~ ~ ~~l ~at ~ ~r, ~ ud ~ consideration of ~e sum of S10.~ v~ ~ ~ ~, Co~er Count, Mo~J ~u~ 5.14 ac~ of a~ he.tO ~d m~e a ~fl he~fOhe "Fro~. S~ ~: ~ T~ ~ ~u for 1~8 ~ su~ ~; C- ~H s~ON 35, ~S~ 4m buu l~ ~' h~; ~ * ~i~ of ali Sov~en~ as~t~ ~m& D~S CO~u ~ ~ ~eH~ ~ p~ Unit ~vei~m~ mi~ S~~ [M d~ In ~ ~sa ~ pt aR: 2475 PG: 1636 ~ted ^u~ust 1% I~S ("Sales A&~-me~")] f~ the Prol~rty off o~ befor~ ono (1) ~ ~m ~e cl~ "~li~fly ~ ~ofl" ~ de~ ~ ~e S~ ~~ F~ p~ of~b P~ ~ "~ ~on" ~1 m~ ~ pla~t of fo~o f~ ~ fo~ ~ ~e ~ ~iMiflg ~ me ~. If ~ hHs m ~mply ~ ~e fo~o~ ~~ ~mr ~l bye me ~ b~ not ~ obiJg~on M ~ ~ ~ of ~c ~ ~ ~ed b~ ~ u~ .wh~h ~ ~, s~l ~ ~e ~ of ~ ~ o~ ~ ~ c~hL ~ ~ ~J e~ m ~ ~ h ~nn~ ~ ~ ~ civil ~ ~l M~ ~d ~ ~ ~ nd m~u ~c ~ o~ ~ ~. All p~ ~ d~l~ ~ ~l ~ ~loflE M ~. I. ~1 m~ ~ ~ ~it ~B~ ~ h~ ~ m~ · ~ TO ~ ~ TO HO~, ~e ~e ~ ~ simple fo~. ~ ~ ~ ~ h~m n~x~ by ~ pm~r o~r ~to duly au~ ~e ~y ~d ~ ~ ~e ~ of: ~N~ofWi~~ . ~~W~~~~~~K ~m~Vf~ I I 04/01/02 MON 12:02 FAX ~u~u OR: 2475 PG: 1637 F..XH/:~,ZT "A" SURVEYORS & MAPPERS [NC. I ~02-A R,a~L [-[F.,~O BLVD. NAPLES, FLOR/DA 34110 TELEPHONE: 94 t-597-13 t $ FAX: 941-597-5207 A PARCEL OF LAND LYING WITHIN SECTION 35, TOWNSI"RP 45 SOUTH, P, ANGE ;3 EAST, COLLIER COUNTY, FLORIDA. AND BEING MOKE pARTICULARLY DESCR/BED AS FOLLOWS: COMMENCE AT ~ NOKTHEA,%'T COP, N~R. OF SAID SECI'ION 35, THIElqCE RUN S. 00°3 !'59" E. ALONG ~ EAST LINE OF SAID SECTION 35 AND ALONG ~ CEN'I'ERLINE OF AIRI~RT-PUIJ-ING I~OAD (CR 3 i), FOR. 3422.08 Ft!~r; I"MI~CE RUN S.~2~01'W. FOR. I00.00 FEET TO T'd~ WEST R.IGI-tT-OF-WAY tINE OF SAID AIRPORT KOAD ~ 'ride POINT OF BEGINNING. FR.OM SAID POINT OF BEGIHNING RUN - - S.00,31'59"E. ALONG SAID WEST RIGHT-OF-WAY LllqI~ OF SAID AIRPORT ROAD, FOR. 375.00 FEET TO A POINT OF CURVATURIE; ~CE [..F. AVINO SAID WEST RiGHT-OF-WAY LINE, RUN SOU'~Y FOR. 39.27 FEET ALONG ~ AR.C OF A CURVE TO TIlE RIGHT, HAVING A RADt'US OF :15.00 FEET, A CENTRAL ANGt, E OF 90*00'06', A CHORD LI$NGTH OF 35..36 FEET AND A CHORD BEARING OF S.44~g'04'W. TO A POINT OF TA=NGENCY ON THE pR. OPOSED NOR.TH RIGHT-OF-WAY LINE OF pi/Iii ~ DRIVE; THENCE RUN S.$9"2~0'/'W., ALONG SAID PF, OPOSI!!D NORTH RIGHT-OF-WAY LINE, FOR. 534.74 FEET; THIENC~ RUN N.00"3 I'~3'W. FOP, 400.00 FEL='r; i=HiEi~CE RUN N. sg~F07'E. FOR. 559.73 FEET TO TI~ POIiNT OF BEGINNING- CONTAINING $.t4 ACRES OF LAND, MORE OR. LESS. THIS pROPERTY tS SUBJI~CT TO EASEMENTS, RF_SF=~VATION$, OR. RESTRIC'rlONS · OF RI~CORD. SI~:~. AI-I'ACHI!D SK,~'TC[.{ -- DEC ] 7 2002 OR: 2475 PG: 1638 ' "i j ~! lla J I A(~EJ~IDA '~ 7 2002 J · *** OR: 2475 PG: 1639 *** EXH~]~IT "B" Terms, pro~dmu, em~tlons, easm~enfs, ,.~ssmenL5 ~d m~ ~ by ~ ~ F~ h ~ ~e 20[9, O~ ~ ~8, P~e 2~0; O~ ~ok ~[0, ~e ~; 0.~ ~k 20LO, ~e ~; 0.~ ~k 20~, 0 ~ ~k 2~S, ~e 2~; O.R. ~ ~4, ~e ~; O.~ ~e ~; O.~ ~k ~16, ~ 10~; · ~k ~5. ~e Z~, O.R. ~k ~, ~e 7~ ~. ~e ~t, ~d 0.~ ~k ~, ~e ~, ~ O.~ ~k ~. ~e ~4, ~d 0.~ B~ ~3Z, ~d 0.~ ~ ~55, ~e 9~0, 0.~ ~ok ~, ~e Z6~, 0.~ ~k ~, P~e ~, O~ ~k ~, ~ 11~ ~ 0.~ ~ ~, ~e ~, nd 0.~ ~ ........ ~e ~ ~ ~e ~b~ ~ ~ CoU~ ~n~, D~ or ~J~ ~U, Con,flora ~4 Rs~ For Pdi~ ~b ~ ~~ ~opm~t ~ fur ~fl ~ ~or~ h O.~ ~k ~S, ~e 375 ~ ~e~o~ q~t ~ ineo on M~ 4, 1993, ~ T~ ~ oF Cou~2 Co~io~ ~ ~1~ AGENDA ITEM DEC 1 7 2O02 PI. J'~"~ DEVELOPMENT ORDER 02- RESOLUTION NO. 02 - A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 95-1, AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRD BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE SQUARE FOOTAGE OF MEDICAL OFFICE USES AND TO CORRECT THE OMMISSION OF THE TERM "OFFICE USES" FROM THE FINDINGS OF FACT SECTION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCI Communities, Inc., filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRD known as Pelican Marsh Community in accordance with Subsection 380.06 (6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved several subsequent amendments to the Development Order since January 24, 1995 to the present; and WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., with the concurrence of WCI Communities, Inc., desire to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the development approved herein; and WHE~AS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., through their authorized agent, have filed their application and notification of a pwposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference herein as Exh bit "A'; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statues, is authorized and empowered to con.sider proposed changes to the Pelican ~GENDA ITEM Mar~h Community DRI Development Order 95-1, as amended; and No._ . ~ DEC 2002 WHEREAS, the Collier County Board of Commissioners passed Ordinance No. on ,2002, which has the effect of amending the PUD Zoning District for the Pelican Marsh Community previously approved in Ordinance No. 99-90; and WHEREAS on ,2002, the Board of County Commissioners, at a public hearing in accordance with Section 380.06, Florida Statutes, having considered the J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., application and notice of proposed changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendations of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 4 of the Findings of Fact Section of the Development Order 95-1, as amended (Resolution 95-71, as amended), for the Pelican Marsh Commtmity DRI is hereby amended to read as follows: 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6-+ acres, as depicted in the Master Plan, Map "H3", attached as Exhibit "D". Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 295,800 square feet of GFA of office commercial uses_, with up to 26,000 GFA of medical office us_~; and 450 hotel rooms. The Pelican Marsh Community will contain a maxium of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3", ' AGENDA ITEM Master Plan, which is marked Exhibit "D", attached hereto and incorporated by No._ ~ ~ reference herein. DEC 17 2002 .,.,,.,.,.,: Pr B. The application is on accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Community on 2213.6+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the requested amendments has been conducted by the County Departments and the Southwest Florida Regional Planning council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the-Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consitent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development O'der 95-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict with it. B. Copies of the Development Order No. 02-~ shall be transmitted immediately AOa~NI)A ITEM upon execution to the Department of Community Affairs, Bureau of Land and Water NO._ ~ ? j Management and the Southwest Florida Regional Plaaning Council. DEC I 7 2002 Wo'~ :~_'~ ~..':-__~.~.. am deleted; woeds undedlnecl am ~ Pg. J~ C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie~. Student Assistant County Attorney DOA-2002-A R-2567/RB/am/sg - AGENDA ITEM DEC 17 2002 Words ~ ~m delemd; won~ unde~lne¢l am acld~ ~ Agenda Item #3.(a) 1. PELICAN MARSH NOTICE OF PROPOSED CHANGE Background The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project appi'oval was a multi-use development; approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square feet of general office space, 100,000 gross square feet of medical office space, 280 hotel rooms, 5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County as shown on Attachment I. Previous Changes · On September 26, 1995, the Collier County Commission approved Development Order 95-5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of approximately 9 acres of land from each landowner to the other, with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette- Frank Road on the east. · An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space mitigation requirement. · The second NOPC approved in earlier 1999 (DO 99-2) included the following (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of (GFA); A~NDA ITEM o hotel rooms were increased by 50 for a total of 450 rooms; and No._ ~ ~ "^,' DEC 1 7 2002 Pg. L~' o 25,000 square feet decreased medical office. · The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf, resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet (GFA); o increase office uses by 120,800 square feet (GFA) to a total of 295,800 square feet (GFA); and o increase the conservation area by 30 acres. Proposed Changes The applicant (J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre) is proposing to increase the allowable medical office by 17,000 square feet (GFA) for a new total of 26,000 square feet. However, this change will not increase the total amount of office commercial, which based on the last DO amendment is now 295,800 square feet (GFA). Also, proposed is to correct a scrivener's error in the last DO amendment by eliminating a conflict in the language between the PUD document and the DO. The current DO does not properly reflect the current ceiling on medical office at 9,000 square feet. The two proposed changes are classified as Chapter 380.06(19)(e)3. because it is a "change not specified in paragraph (b) or paragraph (c)" and "shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." Character, Magnitude, Location The proposed changes will not affect the character or magnitude of the project because the total amount of office is not increasing, just the type of office. Also, compared to the original DO approval for office space the amount of office is still 54,200 square feet less than analyzed in the application for development approval (ADA). The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities Regional roadways would be the only facility potential affected by the change. According to the NOPC the increased medical office from the last DO amendment, which allowed for a total of 9,000 square feet will increase the daily external trips by only 1.2%, or 464 trips. The PM peak hour external trips will increase by only 0.9% or 30 trips. However, as ment ;oned~,al~rr~ compared to the original ADA traffic analysis the overall trips are significantly ess l~cause ~ DEC 17 2002 54,200 square feet have reduced the office space and the medical office with this change will be 74,000 square feet less. No additional regional resources impacts will be affected by these changes. Multi-jurisdictional Issues There are no multi-jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DRI Based on staff review we have concluded that the NOPC has provided sufficient evidence to rebut the presumption of a substantial deviation as allow for in Chapter 380.06(19)(e)3. Furthermore, staff has concluded in accordance with Chapter 380.06(19)(a) F.S. that the proposed changes do not "create a reasonable likelihood of additional regional impacts, or any type of regional impact not previously reviewed by the regional planning agency." Therefore, there will be no need to reassess the regional impacts of the projects." Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. RECOMMENDED ACTIONS: l. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 6/02 AGENDA ITE. M - DEC 1 7 2002 EXBIBIT I AGENDA ITEM No.~ DEC 1 7 2002 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2566, ROBERT MULHERE OF RWA, INC. REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC. AND COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF INCREASING THE ALLOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERALL GENERAL OFFICE LEASABLE FLOOR AREA OF 295,888 SQUARE FEET FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: DOA-02-AR-2567 OBJECTIVE: This petition seeks to amend the Pelican Marsh Planned Unit Development (PUD) as noted above due to "evolving market conditions" and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: On May 25, 1993, the Board of County Commissioners adopted Ordinance Number 93-27, which approved the 2,214-acre Pelican Marsh PUD/DRI. In 1995, the PUD/DO was amended to allow for 500,000 General Floor Area (GFA) of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, the PUD was again amended, reducing the general retail GFA to 300,000 and the general office GFA to 200,000, of which 50,000 could be medical office. In May of 1999, both the PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendment, while the total allowable GFA of general office remained at 200,000 square feet, the maximum amount of the GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999, the PUD and DO were again amended to reduce the maximum GFA of general retail from 395,000 to 381,000; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. It was during the last amendment process that the phrase "office commercial use, with up to 9,000" was inadvertently left out of the DO, resulting in a conflict between the DO and the PUD DEC 7 2002 FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking medical office space in the Pelican Marsh Activity Center. This inchides the following comparisons of approved development to the proposed land uses for portions of the Pelican Marsh PUD/DP-d: LAST REVISED AMOUNT OF INCREASE DEV. ORDER NOPC OR DECREASE TOTAL ACRES: 80 80 0 RETAIL COMMERCIAL: 381,000Sq. Ft. 381,000Sq. Ft. 0 *GENERAL/MEDICAL OFFICE: 295,800Sq. Ft. 295,800Sq. Ft. 0 HOTEL ROOMS: 450 450 0 * Of the 295,800 square feet of General Office allocation, the Medical Office allocation will increase from 9,000 square feet to 26,000 square feet. This represents a reallocation of 17,000 square feet of floor area. Based on the above referenced increase in intensity, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. The increase in medical office GFA will result in higher impact fees for new developments within the activity center due to a slight increase in the frequency distributions factors of medical office compared to general office In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is within the Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The site is within the designated Mixed Use Activity Center #11 Sub-district as depicted on the Future Land Use Map of the Growth Management Plan (GMP). The Mixed Use Activity Center #11 Sub-district is designed to concentrate commercial activities into areas where traffic impacts can be accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. As an approved PUD, Pelican Marsh was previously deemed consistent with the Future Land Use Map (FLUM) designation. Approval of this amendment will not have an adverse impact on the GMP. The proposed amendment will result in changes within the 80-acre Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The resulting increase in medical office space will result in a total 1.2 percent increase in daily trips for the activity center, a level below the established threshold for impact. AGENI:)A ITEM DEC 1 7 2002 2 pg. HISTORIC/ARCHAEOLOGICAL IMPACT: The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval as submitted since the project will not have an effect on the 330 acres of existing preserve area which is also designed to accommodate a full range of conservation and limited water management uses and functions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (EIS) is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on October 3, 2002. By a 9 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-2566 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition to the petition during the public hearing. However, one person spoke concerning the amount of medical office space currently leased within the PUD. His concern was that the commercial tracts that have been developed do not have sufficient parking. Staff indicated that an Occupational License would not be issued until the developer provided the required amount of parking for any proposed use. Contrary to the statements made during the CCPC meeting, the medical office space approved within this PUD already exceeds the 9,000 square foot limit. There was extensive discussion amongst the Planning Commission members concerning the PUD monitoring practice for this PUD, as well as all existing PUDs throughout the county. The Planning Commission contemplated including language within this PUD to increase the monitoring requirements, but based upon discussions with staff and representatives of the County Attorney's office, decided to address the requirement uniformly during the next LDC cycle. As a result of the unanimous vote this petition is placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2566 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. AC~NOA ~'r~ DEC 17 2002 p~.--~ PREPARED BY: . ]1/~ RAYM03ND BELLOWS, CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BYf. C_URRENT PLANNING SECTION AP~j,R~VED BY: _ .jOSi~PH K. SCHMI~'T, ADMINISTRATOR DATE (?DMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-O2-AR-2566/RVB/rb/mb DEC 1 ? 2002 TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 3, 2002 RE: PETITION NO: PUDA-02-AR-2566, PELICAN MARSH PUD AGENT/APPLICANT: Agent: RWA, Inc. Robert J. Mulhere, AICP 3050 North Horseshoe Drive, Ste. 270 Naples, FL 34104 Applicant/Owner: J.E.D. of Southwest Florida, INC. & Colony Corporate Centre, Inc. Joseph E. D'Jamoos, as its President 9150 Galleria Court Naples, FL 34109 GEOGRAPHIC LOCATION: The subject PUD is located north of Vanderbilt Beach Road (C.R. 862) and east of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) REQUESTED ACTION: The petiti.mer is requesting an 'amendment to the Pelican Marsh PUD for the purpose of revising the PUD document to increase the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet, an increase of 17,000 square feet, within the approved overall general office leasable floor area of 295,800 square feet. DEC 1 7 2002 1 pg. ~ ~., '/ ~/~: / i / ~- ,~l ~- -- LOCATION MAP ."*-~' SITE MAP PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners adopted the Pelican Marsh PUD (Ordinance Number 93-27) on May 25, 1993. Subsequent amendments are as follows: · Amended 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations, addition of cot mercial and cultural uses and increases in number of golf course holes. · Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) · Amended again 12/9/97 (Ord. 97-79) - Increased acreage and revisions to land use allocations · Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and to allow reductions in commercial retail & office land uses and to increase golf holes. Ar..,ENO~ 2 DEC 1 7 2002 Pi[. L Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revision to Master Plan and to allow reduction in commercial retail & office land uses. The petitioner is now requesting an amendment to the Pelican Marsh PUD for the purpose of reallocating the distribution of land uses within general office leasable area. Currently 295,800 square feet is allocated to general office within the Pelican Marsh PUD. 9,000 square feet of those 295,800 square feet is dedicated to medical office. The amendment seeks to increase medical office use to 26,000 squt,.:e feet. SURROUNDING LAND USE AND ZONING: Existing Conditions: The affected area within the Pelican Marsh PUD is located within the Pelican Marsh Activity Center designation, in the northeast quadrant of Vanderbilt and Airport Roads. The area currently contains existing commercial and general office leasable area. The proposed amendment seeks to allocate 17,000 square feet of existing and proposed general office leasable area to medical office use. Surrounding- North: Pelican Marsh PUD. East: Pelican Marsh PUD. South: Wal~een's PUD, Venetian Plaza PUD & Marker Lake Villas PUD. West: Pelican Marsh PUD. DEC 2002 3 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is within the Pelican Marsh Activity Center designation as identified on the Future Land Use Map of the Growth Management Plan (GMP). The site is within the designated Mixed Use Activity Center #11 Sub-district. Future Land Use Element - The Mixed Use Activity Center #11 Sub-district (Exhibit "C") is designed to concentrate commercial activities into areas where traffic impacts can be accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. Petitions are to be reviewed in light of the "factors to be considered", as identified in the Future Land Use Element (FLUE) of the GMP. As an approved PUD, Pelican Marsh was previously deemed consistent with the Future Land Use Map (FLUM) designation. Transportation Element - The applicant provided a Traffic Impact Statement compiled by Ron Talone of David Plummer & Associates. The proposed increase in medical office use, as indicated by the TIS, would result in an 1.2 percent increase (464 trips) in daily external trips and a 0.9 percent increase (30 trips) in PM peak hour external trips. The indicated analysis is below the 5 percent impact threshold. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Open Space/Conservation - The proposed amendment request reallocation of the provided general office space within the Pelican Marsh PUD and will have no affect upon the open space requirements of the Pelican Marsh PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION - ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review. The proposed amendment will have only a minimal increase (1.2 percent) in daily trips generated, subsequently no level of service (LOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. Because the subject petition doesn't impact any preserve areas that Were previously ar proved with the adoption of Ordinance 99-90, no new Environmental Impact Statement is required. Therefore, the Environmental Services staffhas recommended approval as submitted. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation provided o4 ~ comprehensive overview of the impact of the proposed land use change, be the) ~osi~~ 4 DEC 17 2002 negative, culminating in a staff recommendation based on that overview. These criteria are specifically noted in Section 2.7.2.5 (Exhibit A) and Section 2.7.3.2.5 (Exhibit B) of the Land Development Code and required staff evaluation and comment. A summary of the potential impacts or considerations identified during the staff review for this petition to amended the Pelican Marsh PUD is listed under each of the criterion is followed by a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. Appropriate evaluation of petitions for amendments to PUD's should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not an amendment to the PUD would be consistent with the Collier County GMP in all of its related elements. Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan. The surrounding properties include the following land uses: With respect to the matter of compatibility with the adjacent properties, this petition does not change the boundaries of the currently approved PUD. The proposed increase in medical office space will result in a 1.2 percent increase in daily trips and the area which this amendment affects is currently designated as an interchange activit~ center, an area determined by the FLUE as designed for this type of commercial activity. Regarding the matter of timing, it should be appreciated that urban dev'elopment completely encircles the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: The affected area within the Pelican Marsh PUD is located within the Pelican Marsh Activity Center designation, in the northwest quadrant of Vanderbilt Beach Road and Airport Pulling Road. The area currently contains existing commercial and general office land uses. The proposed amendment seeks to allocate 17,000 square feet of existing and proposed general office leasable area to medical office use It should be noted that the petitioner has been made aware that the requested changes will result in additional parking requirements for existing and proposed medical office facilities. The ability for applicants to receive zoning certificates and certificates of occupancy for existing and future developments will be contingent upon satisfaction of the more stringent parking requirements imposed by the medical office requirements. The requested change merely increases the allowable square footage for medical offices within the general office permitted land use designation. This will not cause an incompatibility issue with the abutting office use properties therefore staff is of the opinion the proposed amendment will be compatible with the existing land uses and the existing interchange activity center subdistrict. Utility Infrastructure: The site is accessible to a public samtary sewer and municipal water supply. This amendment will not change or impact the previous approval. DEC 1 7 2002 PUBLIC INFORMATION MEETING: The petitioner held a Public Information Meeting on February 11, 2001 that was attended by 5 individuals. No individual spoke in opposition to the proposed change in office space allocation. One individual expressed concern over the lack of vehicular parking and the affect the proposed change would have upon that issue. The petitioner indicated that the parking problem is a separate issue and that the owner will have to provide additional parking spaces to utilize the additional medical office area. The staff concurs with that assessment. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval- of Petition PUDA-02-AR-2566. PREPARED BY: MIKE BOSI, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: ./~USAN MURRAY, DATE C~T PLANNING ~/L,.~ PLANNING SERVICES DEPARTMENT APPROVED BY: ~ ~N~)D~NIN}SI RT ~N~4OERNT AL SVCS. D~ TE~' Staff Report for the October 3, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN DEC 1 7 2002 n. tO EXHIBIT "A' REZONE FINDINGS PETITION PUD AR-2566 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this Pelican Marsh PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern.- The adjacent uses include the Pelican Marsh PUD, Walgreen's PUD, and the Venetian Plaza PUD. All of these land uses are contained within the Mixed Use Activity Center #11 Sub-district, and allow uses of a similar nature and intensity. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Pelican Marsh PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundar.es 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is appropriate since the approved land uses will not change with this amendment. The proposed change is to allow the PU ) orrlinant'~ tn mirror the market demand for medical office space. It is also com ~il~[~<~u~t~[we surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. The proposed change will affect portions of the Pelican Marsh PUD that have already been designated for office use. The proposed change will have no effect upon the residential components of the PUD. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in a 1.2 percent increase in daily trip, as determined by the Trffffic Impact Statement provided by the applicant. This number is not believed to have an adverse affect upon the LOS for Airport Pulling or Vanderbilt Beach Roads. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and a 8 DEC I 7 2002 All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The zoning within the Pelican Marsh PUD will not be affected by the requested change. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. The zoning within the Pelican Marsh PUD will not be affected by the requested change. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing zoning. The proposed amendment is a shift in the amount allowed medical office space and does not seek to alter the current zoning. 14. Whether the change suggested is out of scale with the needs of the ~ or the County; DEC 17 2002 9 The proposed amendment complies with Mixed Use Activity Center #11 Sub-district in which it sits and the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable th~-oughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The area within the Pelican Marsh PUD affected by the proposed change is currently structured to receive such development. The change is a reallocation of specific office use for the purpose of medical facilities. The area is currently designed for this use. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the existing PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. DEC ? ? 2002 EXHIBIT "B" FINDINGS FOR PUD PUD-2002-AR-2566 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a £mding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Planning Commission and the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and poliCies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which _ conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening require menta~ I I DEC 1 ? 2002 The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Relative to this amendment, the reallocation of 17,000 square feet of leasable general office space to medical space within the subject property will not adversely impact any previous determination of consistency with the Growth Management Plan. The project is also timely because the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shit't in type of office use. DEC 1 7 2002 EXHIBIT "C' ! I ~'i - I · ' E , i DEC 1 7 2102 PUDA-2002-AR-2566 PETITION NUMBER PROJECT #19990051 DATE: 6/3/02 DATE ~ RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING 1. Name of Applicant(s): J.E.D. of Southwest Florida, Inc. and Colony Corporate. Centre, Inc. Applicant's Mailing Address: 9150 Galleria Court, Suite 100 City: Naples State: F__L Zip: 34109 Tel. No.: (239) 596-2733 Fax: (239) 596-3686 Email: ~rahamnorcombe@jedflorida.com Is the applicant the owner of the subject property? X Ye s (a) If applicant is a land trust, so indicate and name beneficiaries below. X (b) If applicant is corporation other than a public ----corporation, so indicate and name officers and major stockholders below. (See Attached) (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as "recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and ~ indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of ~ contract, and indicate actual owner(s) name and address below. M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Application\PUD-D0_Application.doc DEC 7 2002 1 Name of Agent: Robert J. Mulhere, AICP Firm: RWA, Inc. Agents Mailing Address: 3050 North Horseshoe Drive, Suite 270 City: Naples State: FL Zip 34104 Tel. No.: 649-1509 Fax: 649-7056 Email: r~m@consult-rwa.com PUD ORDINANCE NAME AND NUMBER: Pelican Marsh PUD/DRI Ordinance #: 93-27, as amended. · DRI/PUD Originally Approved on 5/25/1993 (Ord. 93-27) · Amended on 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations addition of commercial, cultural uses, increase in number of golf course holes. · Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) Amended again 12/9/97 (Ord. 97-79) -Increased acreage and revisions to land use allocations. · Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and to allow commercial retail & office land uses (reduction) increase in golf holes. · Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99 -473) - Revisions to Master Plan and to allow commercial retail & office land uses (reduction). DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPTLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. Pelican Marsh DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South Range 25 East, and a portion of Section 31, Range 48 Sout]~,A~,. -- 26 East. Full Legal Description Attached. ~~T~M Township M:\2001 Projects\01-0257.00 Pelican Marsh PLrD-DRI ~nendment~0002 PUD Rezone ~ ' Application\PUD-DO_Application.doc DEC 1 ,7 2002 2 ~.. ~)~ ~. Address or location of subject property: N/A. Multiple ~ rp_~erties within PUD, Hundreds of addresses. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO. All affected property is within Pelican Marsh PUD/DRI. 7. TYPE OF AMENDMENT: X A. PUD Document Minor Language Revision/Amendment B. PUD Master Plan Amendment X C. Development Order Language Amendment DOESAMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X YES No If no, explain: 7. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE kAST YE~? IF SO, IN WHOSE N~E? N_~o PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Literally thousands of parcels of land have been sold and are developed within the PUD/DRI. The parcels owned by the applicant are partially developed with office an~ retail/restaurant uses. The amendment will allow both existing and proposed office use to be leased for medical ~ffice use up to 26,000 square feet versus the curren~ allowance for medical office of 9,000 square feet. 11. Nature of Amendment: T_he subject property is currently zoned PUD and is part of the Pelican Marsh PUD/DRI. Pelican Marsh PUD/DRI consists of ±2,213.6 acres of land located in Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 2b E~ast, and a portion of Section 31, Range 48 South, Township 26 East. (Full Legal Description Attached). ~ The property owner, JED of Southwest Florida, Inc. and Colo~; ~~~ C_orporate Center Inc. has purchased several parcels of land, M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone DEC 1 7 2002 located with in the Pelican Marsh Activity Center designation, from the original owner, WCI. JED of Southwest Florida, Inc., commenced development on these projects, and while marketing these projects, found that there was significant market interest in medical offices within the projects. The projects are located in the northeast quadrant of Vanderbilt and Airport Roads. Both are located within the commercial activity center desiqnation of the Pelican Marsh PUD/DRI. The PUD and Development Order (DO) are bein~ amended in order to increase the allowable Gross Leasable Floor Area (GFA) for Medical Office from 9,000 sq. feet to 26,000 sq. feet. This will result in a minimal increase in traffic, well below the 5% impact threshold. Specifically, accordin~ to the attached traffic analysis conducted by Ron Talone of David Plummer & Associates, the proposed chan~es result in an increase in daily external trips of only 1.2%, or 464 trips. Similarly, the chan~es result in an increase in PM peak hour external trips of only 0.9%, or 30 trips. In 1995, the PUD/DO was amended to allow for 500,000 GFA of retail and 350,000 GFA of ~eneral office, of which 100,000 could be medical office. In 1997, the PUD' was aqain amended, reducin~ the ~eneral retail GFA to 300,000 and the ~eneral office GFA to 200,000, cf which 50,000 could be medical office. In May of 1999, both the PUD and DO were aqain amended [Note: the PUD and DO were not consistent in that the DO allowed 345,000 GFA of -general retail while the PD~ allowed 300,000 GFA of ~eneral retail.] In May of 1999, the PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendment, while the total allowable GFA of general office remained at 200,000 square feet, the maximum amount of that GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999 the PUD and DO were again amended to reduce the maximum GFA of general retail from 395,000 to 381,100; to increase the maximum qeneral office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. [Note: It appears that during this amendment process, the phrase "office commercial use, with up to 9,000" was inadvertently left out, again resulting in a conflict between the DO and the PUD. The relevant portion of the PUD (Ordinance 99-90) currently reads as follows: Section VII, Paragraph 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area ~ of office uses, including up to 9,000 square feet 2~~ M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone DEC I ? 2~2 Application\PUD-DO_Application.doc ' of medical offices; and 450 hotel rooms may be constructed on land designated as "AC." The relevant part of the DO (99-473) currently reads: Findings of Fact 4. The applicant proposes the development of Pelican Marsh Community consisting of 2,213 _+ acres, as depicted in the Master Plan, Map M3, attached as Exhibit D." Pelican Marsh includes 80 acres of ,,activity center" use which will contain the following land uses: up to 381,100 square feet gross floor area (GFA) of retail commercial uses; up to 295,800 square feet of GFA of medical office; and 450 hotel room. In addition to increasing the GFA for medical offices, the proposed amendment will correct this scrivener' :~ ~rror, making the PUD and DO consistent. The PUD is r~osed to be amended as follows: Section VII, Paragraph 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross-floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,26___a, 000 square feet of medical offices; and 450 hotel rooms may be constructed on land designated as "AC." The DO is proposed to be amended to read as follows: Findings of Fact 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6-+ acres, as depicted in the Master Plan, Map ~H3, x attached as Exhibit Dx. Pelican Marsh includes 80 acres of "activity center# use that will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) ' of retail commercial use; up to 295,800 square feet GFA of office uses, insluding up to 26~000 square feet of medical offices; and 450 hotel rooms. Th= · Pelican Marsh Community will contain a maximum of 4,800 [may need to be adjusted] residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20-acre school site. M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Application\PUD-DO_Application.d°c DEC 1 7 2002 5 p~...~'.'~ DEVELOPMENT ORDER DOA-2002-AR-2567 ~LUTION NO. 02 -___ A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 99-473, AS AMENDED, FOR PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DR1) BY PROVIDING FOR: SECTION ONE, AMENDING THE FINDINGS OF FACT SF_JL~ON TO ~ AN INCREASE IN THE SQUARE FOOTAGE OF MEDICAL OPFICE USES AND TO CORRECT TIlE OMMISSION OF TIlE TERM "OFFICE USF_.S' FROM THE FINDINGS OF FACT SECTION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFF_.Crrv~ DATE. WHEREAS, WCN Commumtie~, Inc., (herein 'WCN-*) filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of * Development of Regionsl Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 3.80.06 (6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-1 (the 'Development Order~) for the Pelican Marsh Community DR/ on Sanuary24, 1995; and ~, the Board of County Commissioners of Collier County, Florida approved Development Order 95-$ by Resolution Number 95-555, amending Development Order 95-1, on September 26, 1995, to change the legal description of the Pelican Marsh Community;, and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 99-2 by Resolution Number 99-234, amending Development Order 95-1, on May 11, 1999, to make cerlain r~risions; and WHEREAS, the Board of County Commissioner~ of Collier County, Florida approved Development Order 99-~ by Resolution Humber 99-473, amending Developmmt Order 95-1, on December 14, 1999, to make certain revis/ons; and WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony ~ie Cenire, Inc., des/re~ to make certain r~isions to the plan of development ,md Development Order for the Pel/can ~ Community and to make c, enain changes to ~ development approved he.-in; and WHEREAS, $.E.D. of Southw~t Florida, Inc. and Colony Coqxrats Cent, Inc., through its authorized a~nt, has filed its application sad nofificaiion of a proposed ¢im~ ~o De~lopmant Order 95-1, as amended, which is attached hereio ~ incorporated by r~fe~nce as Exhibit 'A'; and WHEREAS, the ~ of County Cotmniss/oners, as the govornir~ body of the Words ~ ar~ deleted; words m~lined ar~ added. unincorpontted area of Collier County, Florida, with jurisdiction purm~t to Section WHEREAS, the Collier County Board of Commissioners has passed Ordinance Bio. __on .., 2002, which has the effect of amending the PUD zoning for the Pelican Marsh Community previously approved in Ordinance No. 99-90; end WHEREAS on ,2002, the Board of County Commi~ioners, nta public hearing in accordance with Section 380.06, F/or~/a Smml,~, having oonsidemd I.E.D.~ ~pplication and notice of proposed changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record made at said hearing, and having considered the record of the docurcentnty and oral evidence presented to the Collier County Planning Commission; and report and recommendalion of the Collier County Planning Commission; the report and recommendations oftha Collier County Planning S~aff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Pianmng Council, the Board of County Commissioners of Colher County hereby approves ~ following Pelican Marsh Community Development Order amendments. NOW, THEREFORE, BE IT RESOLVE.D, BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND A. Paragraph 4 of the Findings of Fact Section of the Development Order 95-1, as amended (Resolution 95-71, as amended), for the Pelican Marsh C~m~ttnity DRI is hereby amended to read as follows: '- 4. The applicant proposes the development of the Pehcan Marsh Community consisting of 2213.06+ acres, as depicted in Master Plan, Map "H3" attached as Exhl~oit "D": Pelican Mnrsh includes 80 acres of "activity center" use that will contain the following land uses: up to 381,000 square fee~ of gross floor area (GFA) of retail commercial use; up to 295,800 square feet GFA of office uses, including up to 26,000 square feet of medical offices;and 450 hotel rooms. The Peli~m Marsh Cort~rnurtity will contain a maximum of 4,800 [may need to be adjusted] residentinl dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acre~ of open space; and a 20 acre school site. SECTION TWO: FINDINGS OF FAC'f A. The approved land uses within the Pelican Marsh DRI are depioted on Map ~I3", Master Plan, which is mariced Extu~oit 'D", attached hereto and incxnl~orated by reference herein. B. The applicatoin is on accordance with Section 380.06(19), F/or/da Statute. C. The development of Pelican Marsh Community on 2213.6+_ acre~ of land shall include th~ land uses descn'~ed in the above Findings of Fact at Paragraph 4. k~ :: D. The requested amendment to the previously approved Development Order is consis~nt ~~ Word, ,re DEC 1 ? 2002 with the report and review of the Southwest Florida Regional Phuming Council E. A comprehensive review of the impact generated by the r~quested amendm~ts has been F. The developmmt is not in an ~ designated sn Area of Critical Slate C/mc. em pursuant to the provisions of Section 380.06, F/or/da ~tatut~. SECTION THREE: CONCLUSIONS OF LAW A. The reques2d amendment of this previously approved Developmeut Order is ti. The proposed amendment to u% previously approved Development Order will not unreasom~bly in~erfere with the achievement of the objectives of the sBopted S~e Laud Development Plan applicable ~o the area. C. The proposed amendment to ~he previously approved Development Order is consistent with the Collier County Growth Managment Plan and the Land Development Regulations adopted pursuant thereto, D. The proposed amendment to the previously approved Development Order is consitent with h~e State Cvm~.~hensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPM~ENT TRANSMITTAL TO DCA AlVD EFFECTIVE DATE. A. Except ~ amended hereby, Development Order 95-5, as amended shall remain m ~ force and effect, binding in thc accordance with its terms on all parties hereto. Th~s am~nde~l Dcvelopmem Order shall take prece&~ce over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of the Development Order No. 02-.__., shall be transmitted immediately upon execution to the Department of Community Af fairs, Bureau of I~nd and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order shall rake effect as provided by law. BE IT FURTH]~ RF~OLVED that this Resolution be r~corded in the minutes of this Board. This Re~olufion adopted after motion, second and majority vo~. Done this day of ,2002. Words ~ are deleted; words ~ ~r~ added DEC 1 ? 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approval ~ to Form and Legal Sufficienc)' lVlnrjori¢ M. Student Assistant County Attorney DOA-2002-AR-2567/RB/sP Words sa~-&,-¢t~,~ ar~ deleted; words ~ are added. DEC 17 2002 AFFIDAVIT I, Ehzabeth A. D'Jamoos, attorney-in-fact for Joseph E. D'Jamoos, President of J.E.D. of Southwest Florida, Inc., and President of Colony Corporate Centre, Inc., being first duly sworn, depose and say that I am authorized to represent J.E.D. of Southwest Florida and Colony Corporate Centre, Inc, and have been granted written authorization by Jerry L. Starkey, President of WCI Communities, Inc., which is the controlling developer/owner of the Pelican Marsh PUD (the property described herein), the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and behef. I understand that the information requested on t/tis apphcation must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Pubhc hearings will not be advertised until this application is deemed complete, and all required/x~formation has been submitted. As authorized representative for the property owners, I further authorize Robert J. Mulhere, AICP, to act as our representative in any matters regarding this Petition. J.E.D. of Southwest Florida, Inc. Josep~ E. D'Jamoo ,sC/as its President by ELizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. Jo~ph E. D'Jam~s, asits President ~ ~ by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLLIER Swom to and subscribed before me tiffs 16th day of May, 2002, by Elizabeth A. D'Jamoos, who is personally known to me or produced ~-~-,.c~-~,&t,/r_.,~,~oD as identification. (seal) pROJECT #19990051 DATE: 6/3/02 KAY BELLOWS 05/06/O2 t~O~ ].3:59 F.~ WCI-EXECUTIVE OFFICE Fax:g~l-498-~ Ha9 6 2002 12:57 COMMUNITIES, INC. Aphl 30, Th. T~er ~id~nc~ ~ m~ ~..c,,~., ~a 9150 ~llefia Co~, Suit= lO0 v.~,~., c.~ ~.~ Neples, ~ 34109 ~. ,~ ..... v.w~, ~: ~ndmcnt to Pdi~ ~sh P~ $.. c~ c=.,., F,. ~.- WCI Co~u~ties of 24301 Walden Ccn~ Drive, Bonito ~.l~. ~ ~om 9,000 squ~e fe~ :o 26,000 sq~ feet, The ga,all,,, l'r Col.~rG,I~ ~b ~h~, WCI Commu~ties au~o~z Colony C~or~e C~re e.~oto~ m ~bmit the appli~tion m Colli~ Coun~ ~v~ent to ~end the ~,)i~. ~,~ P~~ in this ma~. Pcli~n Mar~h T~ny H.mn o,,.,. , DEC 1 7 2002 H~ar ld~ -- ~":'"' .... Creating Lasting ng Innovative Business Destinations J.E.D. OF SOUTHWEST FLORIDA, INC. May 16, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naples, Florida 34104 To Whom It May Concern: Please be advised that authorization is hereby given to the faro of RWA, Inc., to act as agent in all actions relating to the zoning amendments submitted on behalf of J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., w/th authorization ~om WCI Commmtities, Inc., and affecting the ~bHowing described lands: Pelican Marsh PUD/DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Township 26 East. (Full legal description is attached.) J.E.D. of Southwest Florida, Inc. -- Joseplff'E. D'Jamoos, a~ts President ~ by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. ~pn r:. ~ oam~os, as irs ~'resmenr ~ by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 16th daY of May, 2002, by Elizabeth A. D'Jamoos, as attorney-in-fact for Joseph E. D'Jamoos, who is personally known to me, and who did not take an oath. r~ (seal) Notary ~,,,'"~_~.~. w. ~onaeo ~'~ :. ~.: o~ 0£C 1 ? 2002 9150 Galleria Court, Suite 100 Naples, Florida 34109 l~g'-- __ Agent.5.6.02 Phone: 941-596-2733 Fax: 941-596-3686 www.jedflorida.com -- ~04/~3L/02 ~lOl'q 3.1:54 FAX_ ~3002 A.~TICLES O~ iNCORPORATION OF CoLO~ COt~'O]~.AT[ C[h-'TV~, ][NC. FIRST: Th~ name of the corporation (the "Corporati°n~) is COLON~ coRPORATE SECOND: Th~ Inincipal offi~ of tl~ Corporation is 13356 p. osewood Lan~, Naples, Flor~da 34119, TttlRD: Thc purpose or purposes for which thc Corpora6on is organi~d ate to engage ia the transaction ofany or all lawful busiaess far which corporations may b~ incorporat~t un&'r the provisions of the Ftodda Busia~ss Corl~rati°n A¢~. FouRTH: The aggr~gat~ number of sbar~s which thc Corporation shall have authority to issu~ is oa~ hvmgi'~d (100) skates of common stock, and th~ par valua of each such shar~ is One and 00/100 Dollars ($1.00), .... ~'- -:-'areal offic~ of thc Corporation is · The sm:ct add. ss of mc tm~ r__eg~s~.., .... * of its initial registered agent FIFTH. · .... ,,,, x~o-,~,cs Florida 34103, aha ,,~ -,~," Tarniami Trail Nort~ :~un¢ ,~w, ,-,,l-' , -._. at such address is David lq, Morri~n. sIXTH: Thee n~'rtbar of' directors cons6mg~g the iaitial Board of Directors of the Corporation is one (l). The number of directors may be ia~ from ~ae to time by the Bylaws, but shall nevar b~ kess than one (1). The trara¢ and address of the initial dix~tor of ~¢ Corporation is: los~ph E. D'Jaraoos 13356 Rosewood Lane Naples, Florida 3~119 SEVENTH: Th~ name and address oftha p~on signing thes~ Arg¢les ofln~rporation is Joseph E. D' Jamoos, 13356 R. osa~vood Lane, Napka, Florida 34119. EIGHTI~ ~ power ~o. adopt, attar, amend o~ ~ Bylaws shall be vealzd ia the Board of Directors and th~ Shatchokk:rs. NINTIt: This Corporaxion re~se~'¢s the right to ama, ad or ~l:~al any provisions contained ixt the~ Articles of Ingorpozation, o~ any amenclm~at to riga'n, and any righla e, onf~r~l upon the Sha~holdm's are subj~t to this reserv~o~ PUDA-2002-AR-25 6 - PROJECT #19990( ~1 DEC 1 ? 2002 DATE: 6/3/02 PAY B£LLOWS 0¢/~1/~2 MON 11:55 FAX ~003 IN WITNESS WHEREOF, th~ und=rsign~d Subscriber, for thc purposes of forming a corporation under the Florida Bmin~ss Corponition ALt, has ~xecute. d the. se Articles of Incorporation 19911. this day of January, STATE OF FLORIDA COUNTY OF COLLIER Tho foregoing insmnncat wa~ acknowl~'dgod beret, me tkis .'7..'2. V~ ay of January, 1998 by JOSEPH E. D'JAMOOS, who is l:~,sonally known to me or who has produe.~ ° _ (type of identification) as id,ntifieation and who did ~did not) take at~ oath. N6TE~ Ifa ~ of identification is not inserted in the blank provided, th~m exeeu,ln~,_.o this insmanem was personally known to mc. If the words in the parenthetical person "did not" m', no'~ ch-cle, d, th~-n the person executing this insmanent did take an oath. ~'ryp, or prim Name of Acknowlodger) [, the undersigned person, having been named as registered agem and to accept service of process for thc ~oovc-ruetcd corporation at th~ pla~ d~ignated in th;_:~ statolllerll, hereby at.~pt tho appoinmaem as mgistm~l agent and agreo lo act in this capacity. I funhcr agree m comply with the provisions of all slam~ rc!~dn2 to the proper and completc performance ofmy duties, and I am familiar with and acco'pt the obligations of my position as registcr;'d aggnt. D,~VID N. MORRISON Date: January. ~.~.~ 1998 DEC 1 ? 2002 [~]004 04/~1/0'~ i~ON II:SS FAX "-"tv:'s:7.';,;?~r;'?_' o~ FIRST: The n~me of the corporation (the "Corporation") is ,IED OF SOUTHWEST FLORIDA, INC. SECOI~D: The principal office of the Corporation is 13356 Rosewood Lane, Naples, Florida 34119. THIRD: The purpose or purposes for which the Corporation is organized are to engage in the transaction of any or all lawful business for which cotlc~ration~ may be incorporated under thc provisions of the Florida Business Corporation Act. FOURTH: The aggregate number of shares which the Corporation shall have authority to issue is one hundred (100) shares of common stock, and the par value of each such share is One and 00/100 Dollars ($1.00). FIFTH: The street address of the initial registered office of the Corporation is 3838 Tamiami Trail Nortlx, Suite 402, Naples, Florida 34103, and the name of its initial registered agent at such address ks David N. Morrison. SIXTH: The numbei of directors constituting the initial Board of Directors of the Corporation is one (1). The number of directors may be increased from time to time by the Bylaws, but shall never be less than one (1). The name and address of the i~aitial director of the Corporation is: Joseph E. D'Jarnoos 13356 Rosewood Lane Naples, Florida'34119 SEVENTH: The name and address of the person signing these Articles of Incorporation is Joseph E. D'$amoos, 13356 Rosewood Lane, Naples, Florida 34119. EIGHTH: The power .to adopt, alter, amend or repeal Bylaws shall be vested in the Board of Directors and the Shareholders. NINTH: This Corporation reserves the right to amend or repeal any provisions contained in these Articles of Incorporation, or any amendment to them, and any rights conferred upon the Shareholders are subject to this reservation. DEC 1 7 2002 . '_._.04/0.1/'02 ~ON 11:$6 FAX ~]005 IN WITNESS WHEREOF, the undersigned Subscriber, for the purposes of forming a corporation l~nder the Florida Business Corporation Act, has executed these Articles of Incorporation this /_,.~..-r~day of Ab. gust, 1998. //I/ / / --o STATE OF FLORIDA .- .~ COUNTY OF COLLIER to ~ ~ore~oi.g ~=m~.~ was ~=~.ow~g~ ~o~ .~. ~, I~"-~ ot ^.g=t ~.9S ~y JOSEPH E. D'$A.~OO$~ who is personally known to mc or who has produced (type of identification) as identificalion and who did (did not) tak~ an oath. NOTE: Ifa type o£identification is not inserted in thc blank provide, d, th~n the person executing this instrusncnt was persormlly known to me. If thc words in thc par~nthotical "did not" are not ~ircle. d, then thc person executing this instrument did take an oath. (Tyl:~ or print Name of Aclmowledger) I, the undersigned person, having been named as registered agent and to acoept service of process for the above-stated corporation at the place designated in this statement, hereby accept the ~ppointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Dato: Augu~ /~ ,1998 O£C 1 ? 2002 04,/01/02 tmON ].1:56 FAX ~006 ~ lrMJmm mDmm'.~m~m ~ T~~b~~~ DEC 1 7 2002 04/01/02 ]wON 11:56 FA/ ~]008 DEC 1 7 2002 DEC 1 ? 2002 DEC 1 ? 2002 04/01/02 KON 11:57 FAX ~011 DEC 1 ? 2002 04/.01/02 MON 11:58 FA~ ~012 DEC 1 ? 2002 2483718 0R: 2552 PG: 0992. . ~, CO~S ~TUO00.O0 Wivien N. H~ ~. DOC-JO 2~50D, O0 THIS W~ DEED made this ~_ day of May, 1999, by WCI COMMUNITIES LIMITED pARTNERSHIP, a Delaware limited parmership, having i~s principal place of busincss at 24301 Walden Ccnt~r Drive; Bonita Springs, Florida 34134 ("Grantor") to COLONY CORPORATE CENTRE, INC., a Florida corporadon, having its principal plac~ of business at: 13356 Rosewood Lane, Naples, Florid~ 34119 (whichever used herein the terms "Grantor" and "Grant~c" include all the par~es ~o this instrument and the heh's, legal representatives and assigns, assigns of individuals, and the successors and assigns of corporations). WITNF, SSETH: That Grantor, for and in consideration ofth~ sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, seUs, aliens, r~rniscs, releases, conveys, and confirms unto Grant,e, all that ceftin land situate in CoLlier County, Florida, viz: All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more particularty described on Exhibit ~A" attached hereto and made a part hereof, being 9.66 acres more or less (the "Property"). Subject to: A. Taxes and assessments for 1999 and subsequent years; B. That certain DECLAKATION OF GENE~L COVk-~NANTS, CONDITIONS AND I~STRICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, pages 1814 through 1865, inclusive, of the Public Records of Collier County, Florida, as amended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PELICAN MARSH, SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER. COUNTY, FLORIDA, PARCEL 1 LEARNING CENTER to bc recorded shnultaneously herewith; D. Applicable comprehensive plans, or elements or portions hereof, land development regulations including zoning and subdivision ordinances, development orders, Pelican Marsh DRI Development Order 95-1 adopted by the Board of County Commissioners of Collier County, Florida pursuant to R~solution No. 95-71 dated January 24, 1995, development p~rmits and other regulations and conditions of all governmental agencies conccrnin$ the £. Thc Pelican Mar~ Planned Unit Development assigned ordinance number 97-79; F. Thc Prolmrty is within the P~lican Marsh Community Development District ("District") and G-rant~c shall lm subject to Dislrict assessments as thc same my exist from time to time. GRAF~EE IS REQUIRED TO INCLUDE THIS DISCLOSURE lin ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPER' Y. :: AGENI:)A ITEM ~. Gran~e sha]! coxmnence corJstmction o~: '..he ?mpcrty Construction Plans and SI~'Cifications [~ defined in tim Deposit Rcccipt and Sales A rcernem DEC 1 ? 2002 04/01/02 ]~ON 11:58 FAX OR: 2552 PG: 0993 between Orant¢c and Grantor da~exl Apr/1 26, 1999 (the "Sales A~reement")] on or before eighteen (15) month~ from the date of this Warranty DeccL Once Commencement of Construction has occurred, conslruction shall continue without interruption and Grantee shall "diligently continue consu'uction" as defined in the Sales Agreement. In the evenI Crrantee fails to commence construcrloa or to diligently continue consu-uction as r~quLred by th~ .Aggement, ~ a period of ninel'y (90) days (which period shall commence on the day Ommor gives Grantee writ~n no6~ of its intention to exercise ils right to r~purchase ~1~ Pwperty in accordance with the terms hereof), urd~ss Grantee, during su~.h ninety (90) day period, commences consm~tion or commences con.rauction and thereafter diligently continues construclion on the PWl:~'ty, provided, however, Grantor be obligated to provide such notice only one time, thereafter, C-rantee shall have no rights to an~, such nofc~s or any additional cure periods, Granwr shall have the right, b~ the obligation, aider the expiration of such ninety (90) day period, to repurchase the Property ninety percent (90%) of the prorate Purchase Price paid by Grantee for the Property, less any attorney's fees, trander fees, r:cording charges or other charges iwurr~ by Gnmwr in connection with such repurchase (herein called "Repurchase Pric~'). Prorations, if any, shall be ma~ ss of the date of the rt~purchase closing. If Grantor shall elect to exercise such option to r~pur~h~ the Property, the option shall be exercised by Grantor within ninety (90) days of the dam that Grantee shall have failed w commence or continue consuuction as aforesaid. If the option is exercised, Grantor shall pay tl~ Repurcha~ Pric~ in cash and Gram~ shall deliver to Ch'enter a special wazranty riced to the Property on portions thereof being repur~-h~l; and at or in connection with such repurchase closing, Grantee shall pay and satisfy all liens and mortgages encumbering the Pro~rty being r~purchased which were imposed on th~ Property during the period of time Grantee own~ the Property. H. Inm-loc. d Agreement entered into on May 4, 1993, betwee, n the Board of County Commissioners of ColLier County, Florida, as governing body, and Board of Supervisor~ of Pelican Mar~h Community Development Disu'ict which appears of record in O.R. Book 1921, Pag~ 1941 through 1970, Lnclusive, of ~he Public Records of Colller County, Floridm I. Notice of Adoption of Development Order recorded in O.R. Book 2067, Page l g51, and Noti~ of Change of Development Order recorded in O.R. Book 2193, Page 1972, of the Public Records of Collier Coumy, Florida. J. The Property is located within ~e bounds of the Coastal Ar~a Planning'District as created by Lhe Board of County Commissioners of Collier County, Florida, by Resolution dated August 13, 1968 and reat'fu-mcd by Resolution dated May ~, 1976, and recorded in O.IL Book 649, Page 1239, of the Public Records of ColLier County, Florida. K. Preliminary D~velopment Agreement cnt~red into between Westinghouse Communities of Naples, Inc., as developer of a proposed pwject known as Pelican Marsh, and the State of Florida Department of Communit~ Affairs recorded .lune 11, 1993, in O.R. Book 1835, Page 375, of the Public R~cords of Collier County, Florida. L. Oram=e from the date of this Warranty Deed to August 1, 2000 (the "Re.ca'toted Period"), shall not construct or operate a destination resort hotel on the property comparable in quality to the Rim-Carlton beach hotel currently located on Vanderbilt Beach Road in Naples, Florida. Farther, Orantee during the Restricted Period, shall not convc'y the property or any portion thereof to any person, party or entity for the purpose of consiru~ting or operating a destination resort hotc on the Property comparable in quality to the Ritz-Carlton be. ach hotel currently located on VanderbiR Beach Road in Naples, Flofidm During the Restricted Period ali deeds conv~ing the Property or a portion thereof shall contain a covermnt pwkibiting '.he purchaser of thc Property from conslructin$ or operating on such Property a destination resort hotel comparable in quality to the Ritz-Carlton beach hotel currently located on Vanderbilt Be, ach Road in Naples, Florida. TOGETHER with all the lenements, hereditaments and appurtenan:c ..es thereto belo~ ,%-, A~TEM TO HAVE AND TO HOLD, the Properv/in fee simple forever. 19EC 17 2002 04/01,'02 ~0N 11:$9 FAX - OR: 2552 PG: 0994 Grantee is hereby notified that (1) the Property Grantee is purchasing is located within a hurricane vulnerability zone; (2) the hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shclter space is limited. GRANTEE IS REQUIRED TO INCLUDIg THIS NOTiFICATiON IN ANY SUBSEQUENT DEEDS CONV]gYI/WG A PORT~ON OR ALL OF THE PROPERTY. Crrantor hereby covertarrts with Grantee that Grantor is lawfully seized of the Property in tee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Orantor hereby fully warrants title to the Property and will dcfend same against the lawful claims of all igrsons whomsoever;, and that the Property is free from all encumbrances, excelx as otherwise noted above. IN WFFNF~S WHEREOF, the Grantor has caused these presents to be executed in i~s name and its corpomm seal to be hereunto afhxed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of.' WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership ~t~it~ess #1 Its/ Vice President * Printed Na)xne of Wimess~ 1 Witness #2 Prin~:d N~mc of Wimess #~ · Execu~exi pursunn! to au'dlority granuxl in thnt co'tm Ccr~lfigal: of Authr, rity/Pow~r of At~om_ey reeoe~KI i~ Offigil~l Rec.~rds gook 2~,$7. Page 2971. oftl~ Public Rz,cords of Collier Gaunty, Floridly. STATE OF FLORIDA COUNTY OF LEE The foregoing Warramy Deed was acknowledged be. fore me by Albert F. Moscato, Jr., as Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the limited partnership. Hc is personally known to me. WITNESS my hand and official seal this ~ day of May, 1999. ~ Og. a. ~00o Notary Public, State oLFi%fida My Commission Expires: Printed Name of Nolary Public .,,- . o DEC 1 7 2002 04/01/02 ~ON 12:00 FAX ~015 - . ..... . ..... d.. ....... ~.':' °1~? ';*',i:1 ~.~., . :,~ , . · ~ * , ". ,.*...;~. ~.' *'' .' "~ ~ :*""~' .... ~', .; · .'.' ~'~-~, ,~.x,' ¥~-~' '.','I:.~L.'~T~-~d:-'~',~*~ · '- ':*~',~ ' ~ .,". '.~X*..~.:'~-.:".' ' ---*' "... - L:G ... ~..~ ..., ~ ..'*. · '.~ ',*'~ .*~ * · ~-., '.~ ~;'"~"-~". ~* * , ..~' *"r" "~ ¥*~'"~='**"~ ~'~"-': ' l'.'~r:"*"-- '~-'~ ,'*" ' '.-: *~ :~'~7,~'. '."s~,' ~* ~'*' ~ · "-.**..::~. ~.~*~*.~[~i;4~%'.~" . .~: :.. ?:. i~:, ~t ~:~ *~.~ ?':.~-: ~ [~: ;';.~'z '~ ~e;..:.~ ~ ~*:~'~ ~'. ~:~.. :.. ~ ~,:.; ,~..., ,.:~?. ~ ..,;..~ ',.~:;~ ;~:;~::'~, ~ ~. ? t ,,:~,..~ -.:~ ~. ,~?' :...')'" L': ' .,~= ~'=.~' ~'-:.'.-~- '*.'-~:" ~ ....... ~- '~'~' *"~* ~' '~ - ': ' '~ "~g~ ~ - - ' ' Des~p[ion O[FR~ OI~e~lOn J3, townsh.p ~U ~ou[n ~nge 2~ EasL CoJller County. TIoHda Pelican ~arah Lcarnin~ Centcr Phase 1 ~l that pan oESectton 35. Township 4B Soulh, Range 2S ~s[. Colli~ Coumy, Florida and being more pani~larly dcscrib~ as follows: Co~t~encillg st the south~st corner or,id Secdon 3 ~; thence along the south line of geld Section 35. South 89~38'54'' West 100.00 Feel to a poinl on Ihe west rightmF-wsy tine oE~rpo~-Pulling Road (~ 3 ·ence ~i~tinue along said section li,~ South 89'3 S'54" West 77 ).70 three leaving said aeotion tine, Noah 00"21'06" W~t 160.00 ~eet; the~ South 89~38'54'' West 409.51 Fee( to lite Point otBeglnning of ihe parcel herein d~cHbed; thence South 89'3 8'54" Welt 804.26 Feel; thence Noah 00"20'33" West 526.25 Ccet [o a point thence easterly 38.79 ~ee[ along the arc oFa nom[an8cntial circular cu~c concave no~herly having a radius oF471.Tg Fca[ ihrough · ccnlraJ angle of 04'42'4 I" and being subtended by cliord which bears South g 1' 1 ['23" East 38.78 thence easterly 122.14 ~ec[ along [l~e arc o~a non-tan~enUal circular cu~e con~ve northerly having a radius of 9~7.50 ~eel through a central angle o[ 07" 18'32" and being sub[ende~ by a chord w~ch bears South 87°51'03" ~s[ 122.06 ~hence No~h 88° 13'42" East 47~.65 thence eRst~ty 86.69 l~et along the arc ol'a non-tangential circular cu~e concRve no~herly having a radius o~7q7.92 Ecl through a central angle oF06"38'27'' and being subtended by chord which b~rs No~h 8S~0S'57" East 86.64 :hence easterly 64.34 Ecl along the arc o[a non-tang~tial circular cu~e concave no,hotly, ~ having · radius or317.70 Feet through a cenlral angle or I I °36' I0" and being subtende~ by chord which bears Noah 75'11'46" East 64.23 feet; thence noRhe~tm'ly 27.95 Feet along [he irc oFa non-iangcndal circular cu~e concave - - no~hwcslerly, having a radius oF 59,34 F=eI through, a centra~ ~ngle oF26'59'59" and bain subt~ded by a chord which bears No~h 52~05'39'' East 27,71 Feet; Ihence mlo~)g a non-lange~lJnl tine South 00020'33'' Eas{ 566.19 Feel to lhe Poini o[ Beginning. Subject Io ~semen:s and restrictions oFf.ord. Con~aininS 9.66 acres more or less, ~earings ~re based on the south Linc orsRid Section 35, South 89'38'59" West Certificate oF~uthorizadon gLB-43, W~SON, M2LLE~ ~TON ~ PE~, ~C. Registered Engineers and Lat%d Su~eyors By:, Dale John P. Nlaloney. P.S.M. #4493 Not valid unless embossed ..vllh II,e ProFessional's seal. Re,~. 2[.-444. sheet 2 H o~ ~ AIRPORT PULLIFIO ROAD ¢C.R. 311 ~1~ ~1.1 ' il~ ~1~1 ~1~ 31 I DEC 17 2002 E~HIBIT A ,,.~ O4/U~./fJ2 EON 1.?.:OO FA,T, 23 293 OR: 2 ,75 ?G: I635 13322.40 24301 W~ ~n~ ~ve ~C~ T~ W~ DE~ made ~ ~ _ ~Y of ~o~r, 1~8, by: WCI CO~ ~D P~~ a ~la~ l~t~ p~e~hip, hav~g t~' pr~oi~l pla~e of business at 24301 Wgd~ Cen~ ~ve, a Flofl~ ~tion, having i~ pr~i~l p~ of b~in~ at 1~36 Ro~ ~e, Napl~ FIoN~ (whkhev~ ~ he,in ~e te~s "O~to~ ~d ~r~t~n incl~e all ~e ~ ~6ons). ~SSE~: ~at ~e G~tor, for ~d ~ consideration of ~e sum of $10.~ ~d o~r val~ble ~asid~afio~ ~ceipt wharf is hereby ac~owltdg~, h~by g~, ~gai~, ~1~, ~ie~ ~mis~, v~ i inet or pa~ of land l~n~ ~[n ~tioa }S, To~s~p ~ ~uth~ ~nge 2~ E~t, Co~er Count, ~odda ~nmlnlng $.14 acm of more or i~ and ~ing more patently d~g~ on ~xhibit a~ch~ hereto and made a ~ beef(the S~ TO: B. ~ ~a~ D~~ON OF G~E~ CO~S, CO~I~ONS ~D ~S~C~ONS FOR PEMC~ M~H ~corded ~ ~clal ~s Book 1891, Pages 18la ~mu~ 1865, ~lusive, of ~e Public ~s of Collier ~un~, Florida, ~ ~d~ or supplemental; C. ~ ~in D~CL~ON OF ~S~E COVEN~ FOR A POR~ON OF P~C~ ~H S~ON 3~, ~S~ 48 SO~ ~OE 2~ ~ST, CO~IER CO~, D. App~o~le ~mpreh~ive pl~ or elemen~ ~ ~o~ h~f, ~d d~elopment ~o~ inclu~g ~nln8 ~d subdiv~ion o~i~, development orders, Peli~ ~el~m~t ~ 9~-1 adop~ by ~e ~d of Co~ Commi~ione~ of Colli~ ~un~, p~u~t to ~lufion No. 95-71 ~t~ J~ 21, 1995. development ~i~ ~d Dg~S CO~G A POR~ON OR ~!,I~ OF ~ P~OPgR~. F. ~e PeH~ ~ P~n~ Unit Development mi~ ~ num~ 2475 PG: 1636 dated ^u&ust 17, 1998 ("Sales Agreement")] for thc Property on or before one (1) year from the closing d_~t_e of thc sale. Once commenced, construction shall continue without interruption and Grantee shall "diligently continue construction" as defined in the Sales A~re~ment. For purpos~ of thb Paragraph ti, "commence cousl~-uction" shall mca~ thc placement of forms for the foundation for the fi~'t building on the Property. If Grsntee fails to comply with the foregoing requirements, Grantor shall have the right, but not the obligation to repurchase the portion of the Prop~'ty then owned by Grantee upon .which construction has not commenced at ninety per,eat (90%) of the purchase price paid by Grantee for the Property. less any attorney's fees, credits to GranTor, Iransfer ~ mcordins char~es or closing chsr~es incurred by Gre.ntot in connec6on with such repLu, chase (herein called "FL, purchase Price"). prorations, if ir,y, shall be made as of the date of the r,,.purchase closing. If ()rantor shall elect to exercise such option to repurchase lhe Pmpenl/, the option shall be exercised by Grantor within ninety (90) clays of the date that Granlee and/or subseRuen~ purchasers shall have failed ~o commence or continue conslruclion as aforesaid. If the option is exercised, Grantor shall pay ll~e P, epurchas~ Price in c~h and Grantee shall deliver to Crranior a special warranty deed to the Property or lx~'fions.the~eof bein$ repurchased; and at or in connccilon with such rcpumhase closi~L Grantee shall pay and satisfy all lieGs and mortgages encumbering the Propert3/being repumhased which were imposed on the Property durinl~ the period of rkne (}rantcc owned lt~c properly. All p[annh~g and design work shall 1hereupon be|oast0 CTranTOr. I. All maners id~-ntified on Exhibit "B" attached horelo and made a part hereof. TOG]L'THER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway a~,pertainin~. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Orantor hereby covenants with said Orantee that the Grantor is lawfully scized of said Property in fee simple; that the Grantor has $ood right and lawful suthority to sell and convey said Property, that thc Grantor hereby fuUy warrants titlc to said Property and will defend same against the lawful claims of all persons whomsoever;, azut that said land is frec from all encumbrances, except as otherwise notes above. lin WITNESS WHEtLEOIr, the Grantor h~s caused these presents to be executed in ils name and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and ycar firs: above written. Signed. sealed and delivered - - in the presence of'. WCI CO MMUN1TIBS LIMITED PARTN-EI~HIP, Printed Nar~ of Wimess #~.-. . Printed Name of Wimess #2 * ~te~Ual per,,sit to antbor'd~ Srllud in that tet~ln Cartiere/Power of Attu'ney retotNled hi O.IL STATE 0£ ~LORZDA COUNTY OF T Th~ fc~-~o~ Wm-r~/ ~ w-. a~zowlKISe4 b~t'm~ mc b~ pr~idsn~ of WCI Communi~'s Limited Pirm~nhtp, a Delaware llmi~l pim~m~aip, on bchslf of u%. p4rmc~hip. ,~l mis p.O da~ of No~a~ Public, Stat. of " BONDEDTHRU Printed Name of Nc~m'y Public NO.j~'~)~ _ DEC 1 7 2002 04/01/02 ~ON 12:02 F.AX ~u~u OR: 2475 PG: 1637 EX~[BIT "A" BSLS SURVEYORS & MAPPERS I'NC. 1502-A RA.R. HF_AD BLVD. NAPLES, FLOR/DA ~}4110 TELEPHOI~: 94 t.597-I 3 tS FAX: 941-597-5207 A PARCEL OF LAND LYINO WITHIN SECTION 35, TOWNSHIP 48 SOUTH, P, ANGE 25 EAST, COLLIER COUNTY, FLOR/DA, AND MOPE ?A/~TICULAP, L¥ DE$CR_rBED AS FOLLOWS: COMMENC~ AT THE NOKTHEAb-T CORNER OF SAID SECtiON 35, THENCE RUN S. 00°31'59' E. ALONG TH~ EAST LIN~ OF SA. ID SECI'ION 35 AND ALONG TH]E CENTERLINE OF AIRPORT-P~G ROAD (CR 31), FOR, 3422.08 FEET; THENCE RUN S.89HF0 I"W, FOR, I00.00 FEET TO TI42E WEST P,.IG[-tT-OF-WAY LINE OF SAID AIRPORT ROAD AND TH:E POINT OF BEGINNING, FROM SA.ID POINT OF BEGII'N'NING RUN - S.00"31'$9"F- ALONG SAID WEST RIGHT-OF-WAY LINE OF SAID A/RPORT ROAD, FOR 375.00 FEET TO A POII',tT OF CURV^TUR, E; THENCE LEAVING SAJD WEST RIGHT-OF-WAY' LFNE, RUN SOtITI4WESTERLY FOR 39.27 FEET ALONG TH]E ARC OF A CUR. ME TO THE RIGHT, HAVING A RADtlJS OF 25.00 FEET, A CENTRAL ANGLE OF 90~0'06', A CHORD LENGTH OF 3536 FEET AND A CHORD BEARING OF S.44"21~04"W. TO A POINT OF TANGENCY ON ~ pROPOSED NORTI-I RIGHT-OF-WAY LI~NE OF PINE ~ DR/X/E; TIALa'NCE RUN $.89H$'O7"W., ALONG SAID PKOPOSED NORTH RIGHT.OF-WAY Ln~E, FOR- 534.74 FtSET; THENCE RUlq N.00"~ I'SB"W'. FOR 400.00 FEET; ~CE PUN N.89HS'07"'F- FOR 559.73 FEET TO THE FOE~FI' OF BEGIIWNllNG, CONTA/NING 5.14 ACRES OF LAND, MORE OR LESS. TI[IS PROPERTY IS SUBJECT TO F,A~~$, RESEKVATION$, OR. RE,STR/CrrIONS ' OF RECORD. SEE A'~'ACHED SK. ETCH DEC 172[ OR: 2475 PG: 1638 ~: iiil I $ a , '-"' '" ' .~[ .,,I , 2002 *** OR: 2475 PG: 1639 *** E)O~]~IT "]5" T~, pro~ons, c~ndliJom, m~~.nts, ..~y,~rnem~ ~ ~ ~ by ~d ~ ~ h ~ ~on ~ in 0.~ ~k 1~1, P~e 1814, ~ ~md~ ~ 0.~ ~ok ~S~, ~e ~, O~ ~k ~e 2019, O~ ~k ~S, P~e 210; O~ ~ok ~t~. ~e ~; 0.~ ~k 20tO, ~e l~; 0.~ ~k 20~, ~ ~4; O.~ ~ 2t~, ~e 10~; ~d O.~ B~k ~0~, P~t 10~, O.R. ~k ~, ~ 7~ ~d O.~ B~k ~, ~e ~t, ~d 0.~ ~k ~, ~e ~, ~ O.~ ~ok ~, ~e ~74, ~d 0.~ B~ ~32, ~d 0.~ ~ok ~55, ~e ~t0, O.~ ~ok ~77, P~ 2~, 0.~ ~k ~, P~ 2~, O~ ~k M79, ~ ~1~ and O.R. ~k ~, ~ge ~, ~d 0.~ ~k · ~ --' ~ ~e ~btic R~ ~ Coili~ ~n~, T~, p~om, ~6o~, ~m~, ~" ~d r~c6oo~ ~ by and ~ fo~ in ~ D~aO, af Ndth~r~ ~a, Con~o~ ~d R~c~o~ for ~;~ ~h _ ~ ~o~ ~im~ ~opm~t ~t ~ur ~i~n ~ ~nrd~ in O.~ ~k ~S, ~e }TS and ~ [nt~O~ Ag~ent ~ into On May 4, 1993, bo~a T~ ~d ot Cou~y Co~io~ o~ Coll~ County ~o~, ~ ~o~nl ~dy. and ~d of $up~ of T~ ~i~ ~h Comm~i~ D~ ~o~ ~ O.~ ~k 192L ~t ~, and 0.~ ~k 2~, ~ge 601, ~bllc R~ of Colli~ The p~p~ ~ io~ ~n ~ ~ of ~ Co~ ~ ~ni~ D~ M ~ b~ ~ ~ of Coll~ Cou~y, ~o~ DEC 1 7 2002 ORDINANCE NO, 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING KEGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED; 8525S~ 8525N, 8527S, 852TN, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, 8631S AND 8631N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN . MARSH DRI/PUD, FOR PROPERTY LOCATED NORTH OF VANDERB[LT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD (C.R. 881), IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2214+_ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NLTMBER 99-90, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc. and Colony Corporate Centxe, Inc., with permission of WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real propert~ NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida that; The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Town~ip 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to ~PUD# Planned Unit Development in accordance with thc PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered; 8525S, 8525N, 8527S, 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, 8631S and 8631N, as described in Ordinance Number 91-102, the Collier County Land Development Code, ate hereby amended accordingly. AGENDA ffEM Ordinance Number 99-90, known as the Pelican Mar~h PUD, adopted on De ~-mbe 1999 by the Board ofCotmty Commi~ion~rs of Collier County, i$ hereby repealed in it.' entil~C 1 ? 12002 · ~;ECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Co ,U~?....... ,... County, Florida, this day of ~ 2002. '.'-'. '-'"-'" A~'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Marjori~M. Student Assistant County Attorney AGF. HDA ~'r'EM DEC 17 2002 EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6+ Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J.E.D. OF SOUTHWEST FLORIDA, INC. and COLONY CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With permission from WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: RWA Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 PUD 93-1, ORDINANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER~ DEC 17 2002 TABLE OF CONTENTS PAGE LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV GOLF COURSE, RECREATION & OPEN SPACE 4-1 DISTRICT SECTION V RESERVE DISTRICT 5-1 SECTION VI CULTURAL CENTER DISTRICT 6-1 SECTION VII ACTIVITY CENTER DISTRICT 7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1 LIST OF EXHIBITS Exhibit A Map H~3 (Revised Map H) Master Plan (Johnson Engineering, Inc., File No. 1999 t406) DEC 1 7 200?. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the "Developer", to create a Planned Unit Development (PUD) on 2213.6+ acres of land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 2. The proposed density of the Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. Certain pans of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three (3) units per acre. 3. The Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The development of the Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code, Planned Unit Development District Section. 8. The Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. iii - - DEC 17 2002 SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". DEC 17 2002 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west IA comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05 34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05 33' 10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18" and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) South 89 50'58" West 88.21 feet; 2) North 31 34'00" West 120.19 feet; 3) North 05 37' 10" West 956.47 feet; 4) South 74 46'39" West 379.98 feet; 5) South 12 04'43" East 23.53 feet; 6) South 87 09'43" WeSt 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; 8) North 81 13'22" West 737.85 feet; DEC 17 2002 thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32" East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34' 19" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a cho.:d which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19' 10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF- 1 (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; ~ Containing 3.40 acres more or less. Subject to easements and restrictions of record. Beatings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 DEC 1 7 21)02 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ¼ of said Section 27; thence along said west line North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" East 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39' 12" West 187.52 feet; thence North 11 43'40" East 573.08 feet; thence South 72 59'03" East 785.48 feet; thence South 00 39' 15" East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39' 15" East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ¼ comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00 39' 12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; thence South 00 39' 15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23'" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42' 12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; ~.~~ thence south 62 08' 16" West 75.07 feet; 1-3 DEC 1 7 2002 pg. ~) thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06' 13" and being subtended by a chord which bears South 15 35' 10" West 43.56 feet; thence South 30 57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37" East 19.89 feet; thence along a non-tangential line South 84 13' 14" East 158.41 feet; thence South 80 55'24" East 183.78 feet; thence South 81 52'51" East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00" East 271.73 feet; thence North 84 13' 14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 35'21" West 65.19 feet; thence North 15 31'55" West 74.80 feet; thence North 00 41 '41" West 115.24 feet; thence North 28 22'47" East 171.51 feet; thence North 17 11'45" West 106.79 feet; thence North 13 02'52" East 28.51 feet; thence North 73 36' 14" West 54.78 feet; thence South 49 16'08" West 112.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being North 00 39' 12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west ~A comer of said Section 27; thence along said west line North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30' 16" and being Subtesl~Ol~yr~ chord which bears North 80 25'01" West 44.61 feet to a point of reverse curw .ture~u~ ~ 1-4 DEC 1 7 2O02 thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04' 13" and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26' 18" and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58 .... and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33' 17" West 18.36 feet; thence South 89 39' 11" West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44'08" West 26.23 feet; thence South 51 01'05" West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west IA corner of said Section 27; thence along said west line North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 443.43 feet; thence South 05 34'48" East 147.72 feet; thence South 89 20'45" West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04" West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 DEC 1 7 2002 thence North 56 04'43" West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00 31'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south ~A comer of said Section 35; thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89 51'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51'02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42' 18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33' 10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said fight-of-way line and along the north line of said Section 34 South 89 31'31" East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east IA comer of said Section 36; thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; AC.,E~t, tTr~ 1-6 DEC 17 2002 thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57" East 15.00 feet; thence along the east line of said land North 00 31 '47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest comer of the east V2 of the east V2 of said Section 25; thence along the west line of the east V2 of the east 1/2 of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east V2 of the east V2 of said Section 25 North 01 57' 16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east ~A comer of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N V2 of the SE IA of the SW lA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S ~/2 of the NE IA of the SW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel m: N ½ of the SW IA of the NW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. AGE/aDA IIEM 1-7 DEC 1 7 2002 Parcel IV: S V: of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N V2 of the SW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, III, IV, VI and VII contain a total of 141.61 acres, more or less. Total parcel contains 2214 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes Subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application. B. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development). C. Elevations within the site range from 6 feet to 14 feet above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067- 0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zOnes "AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. D. The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land 1-8 DEC 17 2002 Holopaw Basinger complex; Urban Land Immokalee Oldsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval, and Map E of the NOPC. E. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F of the NOPC. F. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport road runs in an east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval, and Map I of the NOPC. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). The Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the Community, which is below 80% of any applicable DRI threshold. 1.6 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density, therefore, will be a maximum of 2.16 units per acre. At all times all property included within the pelican marsh community shall be included in determining project density, including property reserved or dedicated for public uses, such as, but not limited to, public roadways. ACURA LTEM 1-9 DEC 1 7 2002 pg. ~-~ SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing; 72 holes of golf with clubhouses and other associated facilities; a master planned activity center, including a resort hotel and cultural facilities; stormwater management lakes; open spaces and reserve areas. The Master Plan is illustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Pelican Marsh Community shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of -,,11 terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. 2-1 DEC 1 7 2002 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to the Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 thrOugh 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. AGENDA,~W-M 2-2 DEC 17 2002 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sales of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section 8.3 of this PUD Document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of a quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners' association or asso, iations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, or successor ordinance, to ;ether with any applicable permits from the Florida Department of Environmental Protec~ ~on, Corps of Engineers, and South Florida Water Management District. 2-3 DEC 1 7 2002 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of the berm elevation for berms with average side slopes of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Pelican Marsh Community. Fill material generated from propemes owned or leased by the Developer may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3:1 ~ ,~,~}~"') _ DEC 1 7 2002 B. Stockpile maximum height: thirty-five feet (35') -- C. Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. D. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212, 214, 422, 424, 740. E. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. F. Soil erosion control shall be provided in .accordance with Collier County Land Development Code, Division 3.7. G. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. 2.13 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. The Pelican Marsh Community is planned as a private, large scale, functionally interrelated -' community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific guidelines and standards by Collier County and the Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. The Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions, and restrictions shall provide the prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to the PMRDC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating the Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERM1TS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (r~ [ulating agency) proposed for development, then the Developer shall obtain such permits as ray 2-5 DEC 1 ? 2002 prior to the commencement of construction or alteration of the land specifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are being processed by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2.15 PRELIMINARY SUBDIVISION PLAT PHASING Due to the size and anticipated build-out period of the Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.16 GENERAL PERM1WI~D USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in the Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landsca ~e buffers, berms, fences and walls subject to the standards set forth in Sectic ~ ? 11 ~e t}.:~ t~UD. 2-6 DEC 1 7 2002 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which have no required setback. 2. Setback from property lines - one half (1/2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - twenty-five feet (25'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased ._ proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres 'included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This .... requirement is fully satisfied within the Reserve District and no fur required. 2-7 DEC 1 7 2002 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. B Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum often (10) boundary marker monuments shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. E. Each side of a boundary market monument may contain up to four (4) individual project, business or directional identifications (message areas), as long as the total sign face does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F. Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four (4) individual project, business or directional identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identifications on an entrance sign shall be similar to and consistent with the other identification placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where 3 1-sided entrance signs may be permitted. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. H. Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 2-8 ~ , .~[~/ DEC 17 2002 p,. _. SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements andl~ -lttfla the Multi-family Development Standards set forth in Table I. no.~ m 3-1 DEC 1 7 2002 7. Schools (public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division AC, Eh~ ITEM DEC 1 7 2002 . 3.3. of the Land Development Code in accordance with those standards of the zoning ,~ district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet (100'). G. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development -- exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. H. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. I. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and -- 3. The cabana structure may not contain primary cooking facili ~es. DEC 1 7 2002 3-3 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED AND STANDARDS FAMILY ZERO LOT FAMILY & ATI'ACHED AND FAMILY LIVING DETACHED LINE DUPLEX TOWNHOUSE 3WELLINGS FACILITIES Category 1 2 3 4 5 8 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF*4 I AC 1 AC Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 *3 20 *3 20 *3 25 25 Front Yard for Side Entry Garage 15 10 10 10 15 15 Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 or .5 BH Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessory l 0 5 10 10 15 15 Rear Yard Special *1 10 5 10 10 .5 BH .5 BH Maximum Building Height *2 35 35 35 35 50 50 Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH .5 SDH Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF *8 N/A *7 B_.~_H: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. * 1 - With approval from PMDRC, rear yards for principal structures on lots which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. With approval from PMDRC, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way lines. B. ff the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of th~ structu~. *3 - Single family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard nxluirement to 5' for the garage and i 5 feet for the remaining slxuctures. *a - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. '5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained. *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a 10 foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. *7 - For density comparison, each residential unit shall equal 4.0 ALF units. *8 - Structures east of Airport Road have a minimum floor area of 750 S.F. AC~,~M 3-4 DEC 1 ? 2002 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters~ snack bars, golf course maintenance yards. ~',~~ 4-1 DEC 1 7 2002 3. Retail establishments accessory to the permitted uses of the District such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and ail other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right-of-way, in which case the setback shall be one half (1/2) the height of the structure. B. Accessory structures shall set back a minimum of ten feet (10') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right-of-way, in which case the setback shall be one half (1/2) the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Fifty feet (50'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Twenty feet (20'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (2C)) square feet of gross floor area, which shall be considered inclusive of required golf course parking. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area ..... Xl~lb~ &' principal structures, no._ ~:-' ,~. DEC 1 7 2002 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "CF". 6.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated "CF". 6.3 GENERAL DESCRIPTION Areas designated as "CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the "CF" District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 6.4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic, social and fraternal associations 5. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" District. B Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in the district, t,~t~ ~ 2. Recreational facilities. I~x__, ~ . 6-1 DEC 1 ? 2002 3. Classroom facilities. 4. Any other accessory uses which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" district. 6.5 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of twenty feet (20') from "CF" District boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. B. Accessory structures shall be set back a minimum of twenty feet (20') from District boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. C. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. D. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures - Eighty feet (80'). F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping- Ten feet (10'). G. Minimum distance between all other principal structures - Twenty feet (20'). H. Minimum distance between all other accessory structures - Ten feet (10'). I. Minimum floor area - None required. J. Minimum lot or parcel area - None required. K Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. DEC ? 2002 SECTION VII ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "AC". 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,000 square feet gross floor area(331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26~000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC." 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzihg, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. Eating and Drinking Establishments (Group 5812, 5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). A~A IXr~ 12. Food Stores (Groups 5411-5499). I~x ~) 7-1 DEC 17 2002 n. 13. General Merchandise Stores (Groups 5311-5399). 14. Glass and Glazing Work (Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999). 16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 17. Health Services (Groups 8011-8049, 8082, 8093, 8099). 18. Holding and Other Investment Offices (Groups 6712-6799). 19. Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). 20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). 22. Legal Services (Group 8111). 23. Libraries (Group 8231). 24. Membership Organizations (Groups 8611-8699). 25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair; awning repair; beer pump coil cleaning and repair; blacksmith shops; catch basin, septic tank and cesspool cleaning; coppersmithing; farm machinery repair; fire equipment repair; furnace and chimney cleaning; industrial truck repair; machinery cleaning; repair of service station equipment; boiler cleaning; tinsmithing; tractor repair). 26. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 27. Motion Picture Theatres (Group 7832). 28. Multi-Family Dwellings including Garden Apartments. 29. Non-Depository Credit Institutions (Groups 6111-6163). 30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 31. Real Estate (Groups 6512, 6531,6541). 32. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999). 33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97). 34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999). 35. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 36. Social Services (Groups 8322-8399). 37. United States Postal Service (Group 4311 except major distribution center). 38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 39. Video Tape Rental (Group 7841). 40. Vocational Schools (Groups 8243-8299). 41. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. 42. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. 7-2 DEC 17 2002 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. 3. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family", contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the Activity Center or the entity owing the golf resort use. Each residential unit shall constitute and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty-five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. B. Exterior lighting shall be arranged in a manner which will )rotect roadways and residential properties from direct glare or unreasonable interfe~ race_ AGE. I~ C. Maximum height of structures - One hundred feet (100'). no, . th, ~ ,~ 7-3 DEC 1 7 2002 D. Minimum distance between all other principal structures - Twenty feet (20'). E. Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). F. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feet. H. Minimum lot width - Seventy-five feet (75'). I. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. J. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. K. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. DEC 7 2002 7-4 pg.(~ SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of the Developer within the Pelican Marsh Community. 8.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plans, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall cc~ntrol and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments and stipulations. 8.3 MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD Document. 2. The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a d,* 'ermination and ~-' Public Heating pursuant thereto. ~ . X~. ~ 8-1 DEC 1 7 2002 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve Areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve Areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into Reserve Areas. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. D. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 8.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenant associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Electio 8-2 DEC 1 7 2002 8.5 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 8.6 SUNSETTING This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. 8.7 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. B. The Developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time' of construction of each access. C. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access point to a public fight-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. D. Collier County and the Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community property; and to address environmental permitting for the expansion of Goodlette- Frank Road from Immokalee Road to VBR. E. As is set forth in the Agreement, the Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, the Developer is eligible for Road Impact Fee credits for half of its expenditures per the Agreement in obtaining environmental permits. F. The Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by the Developer, upon request by Collier County, so long as that fight-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to the Developer. The Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes,, as is further set forth in Section 8.12 hereof. The value of said fight-of-way dedication shall be equal to Developer's cost of acquisition of the property. G. There are acknowledged benefits to both the County and the Developer in the alignment of VBR shown on the Pelican Marsh Community PUD 1a~te.r Plan and a~ DEC 1 7 2002 referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to the Developer, the Developer agrees to pay the "differential cost" for the segment of VBR within the Pelican Marsh Community PUD boundaries. "Differential cost" means the reasonably ascertainable cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment I to the Agreement. The Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "differential cost" described herein. · H. The cost for design, permitting, and construction of the expansion to Goodlette-Frank Road Overpass structure to expand said structure from two (2) lanes up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the Developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document, Section 8.7 at Paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlette-Frank Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road Overpass to meet the Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. I. Payment of road impact fees shall be in accordance with the applicable ordinance, as amended, with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. J. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. of the PUD. K. The Developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road fight- of-way and north of the Hickory Road fight-of-way. This buffer shall include a minimum six foot (6') berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt _he,ch public use. 8-4 DEC 17 2002 L. Internal access between the Pelican Marsh Community Activity Center and the ,~ Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the Developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian, and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41 intersection shall not be required. M. No final local development order!; (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro- rata funding mechanism established by Collier County to implement an area-wide pedestrian and bicycle path system. The Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. O. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as ~-- Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. P. The Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance document shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. The Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC. 8.8 WATER MANAGEMENT A. An Excavation Peru it will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District Rules. B. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. C. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewate - - DEC 1 ? 2002 will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which- ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. D. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. E. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. F. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), The Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of the Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be complete by the time the Cocohatchee Strand Restoration Plan is certified complete to the South Florida Water Management District. G. Water Management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. H. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of the issuance of the final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. I. The rate of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process. 8.9 UTILITIES A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. B. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting un& ~ F.A~~ and may use potable and irrigation wells. ~o..' '~ _ 8-6 DEC 1 7 2002 C. The project will be served by central potable water distribution, fire protection and ,_ sewage collection facilities. D. Irrigation water will be provided with a separate distribution system supplied by on- site wells, reclaimed water or other non-potable water source. E. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolutic, n g93-187), as amended, and other applicable County rules and regulations.. F. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family uses only. Use of the services will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. G. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead-end mains shall be minimized by looping the internal pipeline network where feasible. ~ H. The project's Developer(s) its assigns or successors, may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. I. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. J. The existing off-site ~utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and ca>acities to serve that -- phase of the project at the time utility service is required. 8-7 BEC 1 7 2002 K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L. Within the Pelican Marsh Community landscaping areas (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. M. The Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to the distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the Developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the Developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the Developer annually based on meter installations. N. The Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact fee credits, the Developer will provide the County with engineered drawings and specifications suitable for bidding by the County. The Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the Impact Fee Ordinance. 8.10 ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues i,~. subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.8 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon: (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Mi 8-8 DEC 1 7 2002 Environmental Supplement submitted in conjunction with this Application for Public _. Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Heating for PUD Rezone which was approved via County Ordinance//93-27. This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Development Code, Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in Section 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance//93-27. C. Sections 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code, Section 3.8.5.4.1.5.d. and e. D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into the PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand ~ Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Mitigation ?rogram and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO District and to the Xeric Scrub Conservation Area. Compensation for lost habitat which extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to the South Florida Water Managen.ent District. The Developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS The Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Developmen~~ Division 3.2, Section 3.2.8 unless otherwis~ stated in this PUD. The follow~g su~.m~)~ to the improvements standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. The gross density in the cul-de-sac shall be less than two (2) units per acre. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: 1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11 .A.4 of this PUD. 2. All other cul-de-sacs are required to have a minimum fifty foot (50') right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. 3. All other local streets are required to have a minimum fifty foot (50') right-of- way and two twelve foot (12') wide travel lanes. 4. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1,000'). D. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. F. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3:1 in accordance with FDOT MUMS, page m-35. 8-1o DEC 17 2002 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at the Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the Developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of this dedication. 8.14 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: '-' A. Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary accessory and portable structures) from a property line or right-of-way line shall be twenty- five feet (25') on the northern and western property lines and fifty feet (50') on the eastern and southern property lines. 2. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty feet (20') in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping 1. All areas not Covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and landscaping shall be complete at the time of completion of the structures evidenced ~t of a certificate of occupancy by the appropriate governmental 8-11 . DEC 17 2002 D. Signs 1. Any sign installed in, on or placed within the School Site shall be no larger than ten feet (10') in length by five feet (5') in height. Lighting of any sign may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. E. Exterior Lighting 1. All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation, and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment 1. All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or site-screened, fenced-in areas so that they shall not be readily visible. 2. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be site-screened so that they shall not be readily visible from adjacent properties. 3. All active sports areas including baseball, soccer, basketball, football, etc., shall be set back twenty-five feet (25') from the easterly and southerly property lines. 8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY The Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that the Developer shall comply with the requirements of said ordinance or regulation, where applicable. DEC 17 2002 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE SOUTH 8x~ STREET/DOAK AVENUE MUNICIPAL 'SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance creating the South 8~ Street/Doak Avenue Municipal Service Taxing and Benefit Unit (MSTBU). CONSIDERATIONS: On October 22, 2002, the Board approved Agenda Item 16(B)(3) directing staff to establish an MSTBU for the purpose of improving South 8~ Street and Doak Avenue to current standards so that these roads may be accepted for County maintenance. The roadway improvements include right-of-way acquisition, roadway base and paving, and drainage improvements. The Board also directed staff to work with the Immokalee Area Civic Association and the residents of the Doak Avenue Extension area, which adjoins the Doak Avenue area, to ascertain if there is still a desire to have that roadway paved as well. Staff has followed through with this directive, and has included the Doak Avenue Extension area within the boundaries of the MSTBU. Based on information received from the Property Appraisers office, the taxable value within the combined locations of South 8~ Street and Doak Avenue is $343,917. A tax of 0.5 mils will generate $172.00. Staff will be working with area residents to develop additional funding sources. FISCAL IMPACT: There is no fiscal impact associated with this item. Upon formation of the MSTBU, staff will prepare an operating budget and submit for Board review and approval for the FY04 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board, who has determined it appropriate to create a Roadway Paving and Drainage Improvement MSTBU for the South 8th Street/Doak Avenue area, review the attached Ordinance as outlined above and approve enactment for creation of the Little League Road/Trafford Farm Road MSTBU. PREPARED BY: Mar~ta 9~na, ,Senior ~milsi~trative Assistant DATE: 11/5/02 REVIEWED B Y: Edw~rcl/J.j~Cant, P~rtation Operations Director BY DEC - 3 2002 REVIEWED : DATE: : Feder, AICP, Transportation Services Administrator ~ Attachment: Ordinance ,AGE, ,'DA ITE,~L, Location Ma NO.__ Petition(s) Pg... ORDINANCE NO. 2002- Ai~l ORDINANCE CREATING THE SOUTH 8TM STREET/DOAK AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, South 8th Street and Doak Avenue are private roadways within the unincorporated area of Collier County; and WI-IEREAS, property owners within the proposed taxing district have requested the creation of a Municipal Service Taxing and Benefit Unit to pay for paving and drainage improvements to South Eighth Street; and WHERAS, County staff recommends an evaluation of whether paving and drainage improvements are also needed for Doak Avenue Extension; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the acquisition of right of way, and paving and drainage improvements to South 8t~ Street and Doak Avenue Extension is by the creation of the South 8th Street/Doak Avenue Municipal Service Taxing and Benefit Unit. NOW, TI-IEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the South 8~h StrecqDoak Avenue Municipal Service Taxing and Benefit Unit, hereinafter referred to as "MSTBLP. The boundaries of the MSTBU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE: PURPOSE AND GOVERNING BODY. AGENDA ITEIV~ ,r The MSTBU is created for the purpose of: (1) acquisition of road right of way for public use; (2) providing maintenance and repair of the public roadways including, bat not limited to, pavement, D F C - 3 2~0~ Page I of 3 Pg. ~. ~lrainage and utility facilities within the MSTBU; and (3) maintenance and repair of other public areas within the MSTBU. The governing body of the MSTBU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE. For the purpose of implementing this Ordinance, thc Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MS'rBU for the next fiscal year, which shall be from October I to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation and/or special assessment within the MSTBU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTBU, subject to taxation or assessment a millage and/or assessment sufficient to meet the requirements of the Budget, provided, however, the rate shall not exceed .5 mils per year. SECTION FIVE: TAX ASSESSMENT AND COLLECTION. Taxes and assessments herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. In addition, assessments shall be imposed and collected following the procedures set forth in Collier County Ordinance No. 98-45, as it may be amended, or its successor ordinance, or as provided by law. SECTION SIX: DUTIES OF THE COUNTY 1VLa. NAGER OR HIS DESIGNEE. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTBU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTBU and its finances in accordance with established guidelines of the Board of County Commissioners. 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, AGENDA ITEIV~ distinct and independent provision and such holding shall not affect the validity of the remaining NO. ac> ~ portion. DEC - 3 2002 Page 2 of 3 pg. ,3 SECTIO~ EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Tl~e 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 DA~'E. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA\Ord~outh 8a-Doak Avenue MS'I'BU-AIt. AGENDA IT EIV~ No. ,,o ~ DEC - 3 2002 _ Page 3 of 3 ~£~rlOt~' TO THE BOARD OF C"OLrNTY COMMISSIO~ Of COLLIER COUNTY, FLORIDA: The under~ign~ p~tioner~ hereby r~uest the B~rd nfC. nunty Commissioners ~o establish the [~) 0Et k_ ~/PJfl ti_ e, Road Pavin~ Assessment DL~ct. I~ is und~'rstood ~hat th~ purpos~ oft. his district is to oonstruot and msi~ltaiil a road btfil~ to County standards. These improwm~ts shall I~ paid for by special assessment a~d ooll~cfion by bDint and li~n in mffi¢ient amoum to me~t the cost oi' said iml~rovcmcnts. TI~ cost oi'the p~vin8 proj~ is our rsaponaibility as b~n~fitln~ proporty owners. Basod on road imDrovemcm ooas it is estimat~l that pavin$ and drain_~_~¢ improvements to i"~q> 0~ ,~,v_~ ut ~_~ ___, may be between $25,000 and $$250,000 depending upon su~ factors as mad lensth and drainage requirements. We ~derstand that the Tnmsponahon Services Division will prepare a, more accurate estimate bet'ore the Board of County Commissioners tikes s.ny fomml action. At~¢r invcsti~ation by thc Transportation Sci-vices Divi.,iun =~d ~m advt~-tis¢cl notice,, a publi¢ hcafin§ shall be held to d~termine it" the proposed assessment distriot shall be cma~ed. FJae~ atl~ct~ prop~ty owner shall b~ notified of'the public hearing by U. $. Mail. !NA_M. ltl ADDRESS TAX FOLIO DATE NIIM~ER 15 ~ ti""" ...... ~'~'": ~ ' ..... .. . ... / I? ., 18 ~-0 21 " 2.2, - AGFag ITE% 2,4 2~,, - -D~_C - 3 2002 Pg. PETITION TO TI-IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA: The undersigned petitioners hereby request the Board of County Commissioners to establish the ~'/'$ ,~'. ,-~4-bl Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road ¢ov£~..e?t costs it is estimated that paving and drainage improvements to _ L~-x~+~ may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE ~- ,. , ,~ NUMBER .$.?- 6 7 8 9 10 11 12 13 ., 4 16 17 18 19 21 N~ ......... ~ ~ 22 23 u~v -3 ~002 24 ~g. ~ 25 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE LITTLE LEAGUE ROAD/TRAFFORD FARM ROAD MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSlVlENT RATE; PROVIDING FOR THE COl .I.F. CTION OF TAXES AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCF. S; PROVIDING FOR ,~N EFFECTIVE DATE. OBJECTIVE: To enact an ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit (MSTBLD. CONSIDERATIONS: On October 22, 2002, thc Board approved Agenda Item 16(B)(4) directing staff to establish an MSTBU for the purpose of improving Little League Road and Trafford Farm Road to current standards so that these roads may be accepted for County maintenance. The roadway improvements include fight-of-way acquisition, roadway base and paving, and drainage improvements. The Board also directed staff to work with thc Immokalee Area Civic Association and the residents of the Christian Terrace area, which adjoins the Little League Road/Trafford Farm Road area, to ascertain if there is still a desire to have those roadways paved as well. Staff has followed through with this directive, and has included the Christian Terrace area within the boundaries of thc MSTBU. ~,--. Based on information received from the Property Appraisers office, the taxable value of thc combined Trafford Farm and Christian Terrace neighborhoods is $3,490,297. A tax of 0.5 mils will generate $1750. FISCAL IMPACT: There is no fiscal impact associated with this item. Upon formation of thc MSTBU, staff will prepare an operating budget and submit for Board review and approval for the FY04 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board, who has determined it appropriate to create a Roadway Paving and Drainage Improvement MSTBU for the Little League Road/Trafford Farm Road area, review the attached Ordinance as outlined above and approve enacunent for creation of the Little League Road/Trafford Farm Road MSTBU. p PARED BY: DATE: Edw~l~t, PT~/O~erati°ns Direct°r REVIEWED BY: / / ~d/,-," / ~ Norman E/e~ler, AICP: Transportation Services Administrator Attachment: Ordinance / Location Map 1 Petition(s) m~10~ras ut~ ~ ~a MS~V.~oc AGENDA I~-~ ..... No. DEC Pg. SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan, as "Reserve." 5.2 GENERAL DESCRIPTION Areas designated as "Reserve" on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Pelican Marsh Community residents. 5.3 PERMITYED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 8. Any other consmvation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. DEC 1 ? 2002 5.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of five feet (5') from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions o£ the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The Developer, its successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April 19, 1994. AGEND_.A DEC 1 7 2002 'ORDINANCE NO. 2002-_ ,. AN ORDINANCE CREATING THE LITTLE LEAGUE ROADffRAFFORD FARM ROAD MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A pURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .$ MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Little League Road and Trafford Farm Road are private roadways within the unincorporated area of Collier County; and WHEREAS, property owners within the proposed taxing district have requested the creation of a Municipal Service Taxing and Benefit Unit to pay for the paving and drainage improvements to Little League Road and Trafford Farm Road; and WHEREAS, County staff recommends an evaluation of whether paving and drainage improvements are needed in the Christian Terrance Area which includes Mall Road, Myers Road, Christian Terrace, Christian Terrace West and Christian Terrace Extension '(collectively the "Christian Terrace Area"); and WHEREAS, the Board of County Commissioners has determined that the best method for funding the acquisition of fight-of-way, and the paving and drainage improvements is by the creation of the Little League RoadITrafford Farm Road Municipal Service Taxing and Benefit Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit, hereinafter referred to as "MSTBIY'. The boundaries of the MSTBU are as described on the attached Exhibit "A" that is incorporated herein by reference. ~,~"-,qDA iT ~,?.____~ - ?age 1 o£ 3 · SECTION TIIREE: PURPOSE AND GOVERNING BODY. Thc MSTBU is created for thc purpose of: (1) acquisition of mad fight-of-way for public use; (2) providing maintenance and repair of thc public roadways including, but not Limited to, pavement, drainage and utility facilities within thc MSTBU; and (3) maintenance and repair of other public areas within the MSTBU. The governing body of the MSTBU shall be thc Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTBU for the next fiscal year, which shall be from October I to and including September 30 following (the "Budget"). The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation and/or special assessment within the MSTBU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTBU, subject to taxation or assessment a millage and/or assessment sufficient to meet the requirements of the Budget, provided, however, the millage rate shall not exceed .5 mils per year. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. Taxes and assessments herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. In addition, assessments shall be imposed and collected following the procedures set forth in Collier County Ordinance No. 98--45, as it may be amended, or its successor ordinance, or as provided by law. SECTION SIX: DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE. Thc duties of the County Manager or his designee shall be: A. To administer the activities of the MSTBU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTBU and its finances in accordance with established guidelines of the Board of County Commissioners. 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, Page 2 of 3 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 be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA JAMES N. COLETrA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA~xd~ Little Leaguc-Laltc Trafford Road -Alternative MSTBU AGFi,~DA tTE~ DEC -r-i 2002 Page 3 of 3 .pETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigoed.p, etitioiners hereby request the Board of County Commissioners to establish the L.~ '.~ ~_ ~ {[~Ll~ "~ ~,. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing ahd lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based 9ri road in~p~en~st.s it is estimated that paving and drainage improvements to L.i'~le ~,.~tl~ ~2~ · may be between $25,000 and $$250,000 depending upon s~ch fact6r~ as road length and drainage requirements. We understa,td that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER ~ ll/~ ~(~.,,.~,, ,:.,,-,'.a.5./."','-4/.,.-, /~..,,.. ~,.-1 C. toui~'~,qr_,~ ,4-~.c-/.o2 a-- I ' " 20'~,.,z.a, ~,,.~d.~ " '-/~t'..,~ Ti-I:/I~ ~.~&'..e'e~ coou~sacm, x {o- .... ,- 23 '~ -- ,'"~,," b - 25 ~,.,...,-'.9}a,~,..~,,,,,._ 1~o5' &,(,.,.,,-,4Dr~ ~'i~coco.~ g-~;~.r 2002 · ' PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request,the Board of County Commissioners to establish the "'T'Fa_I2.~2,~o.~ ¢-~o_ct~ .~. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on.~,road improvement costs it is estimated that paving and drainage improvements to I~'~'~'oc..~,- ~'&cr~ 1~. may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public heating shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE ,~ · ,. 2~,! , NUMBER ',.ez, e,,',,; [m t ,ooc( 77¢-/0? 14 - -/ :' 19 20 21 ~ 22 No- 23 25 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the bi~ k-{' c~ec l~t.~ o~ Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on ro, ad improvement costs it is estimated that paving and drainage improvements to ~t 21,x~.-xer L ~,-Xo.,, may be between $25,000 and $$250,000 depending upon guch factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ' ADDRESS TAX FOLIO DATE '"' / 'n /a~t NUMBER 7,/)_/ 6 7 8 9 lO 12 13 14 15 16 17 18 19 2O 21 22 25 200 - ? '. PETITION TO THE ~3~ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigne~l petitioners hereby request the Board of County Commissioners to establish the '~'~'~.t3 Lo._ cx-~... Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on rq,ad improvement costs it is estimated that paving and drainage improvements to ~! I"~-~ | ,a~, may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER 1 (./u()Z,..~t.,.~fr,..q~q6t~ ~ q"Tql ~/ir,_,o L,a,.,o_ ~"'1'~0'~ '7- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 DEC 25 .. Pg. PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the ~ e,-~e ~' L-h, Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on~.oad improvement costs it is estimated that paving and drainage improvements to (b e_,~.,-~t- L ,-.,, may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division wiIl prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. NAME ADDRESS TAX FOLIO DATE NUMBER ~ '~ - , . ~ ~ . . - 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ',2', 24 No 25 nfo 2002 PETITION T(~ THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners her.eby_request the Board of County Commissioners to establish the - ~/~'~-O.lh ;lO_EL} ~ f' Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards, l~hese improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road improvement r,p._st s it is estimated that paving and drainage improvements to '-~G~ ( O~ ,~- V. may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. /~ ~A~ ADDRESS TAX FOLIO DATE NUMBER 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 23 24 i3 F £ ~_~ NAM~ ADDRESS TAX FOLIO DATE NUMBER ~z 5141 UTTLE LEAGUE ROAD TRAFFORD FARMS ROAD AREA ~ HALL ROAD i CHRISTIAN TERRACI~1' AREA, , J TER. EXT. LEAGUE j ROAD I I EXECUTIVE SUMMARY PETITION: PUDA-01-AR-431, JAMES G. O'GARA, REPRESENTING PARK EAST DEVELOPMENT, LTD, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO PUD FOR THE PURPOSE OF AMENDING THE FOUNDERS PLAZA PUD TO ALLOW ADDITIONAL SMALL-SCALE RETAIL LAND USES ONLY ON THOSE PARCELS THAT EXCEED 150 FEET IN DEPTH FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF GOLDEN GATE PARKWAY (C.R. 886) AND AT THE SANTA BARBARA CANAL CROSSING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting to amend the Founders Plaza Planned Unit Development (PUD) by rezoning the subject site from PUD to PUD and thereby repealing the Founders Plaza PUD Ordinance Number 96-5 and replacing it with a new PUD that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Founders Plaza PUD was approved in 1996 and is partially developed with a church and accessory uses on Tracts "A" and "B" while Tract "F" is partially developed with four buildings comprising primarily offices for Sprint, an insurance company, contractor, Collier County WIC Office, and a psychiatrist's office. The PUD Master Plan is comprised of six tracts that have frontage on Golden Gate Parkway. The petitioner now wishes to amend the Founders Plaza PUD document to include the additional small-scale commercial land uses that were approved when the Golden Gate Area Master Plan was amended on May 9, 2000 (Ordinance 2000-28). This amendment permits the additional small-scale commercial uses on only those parcels that exceed 150 feet in depth. This change allows for more flexibility in design, and breaks up the existing commercial strip type of development that currently exists along Golden Gate Parkway. The proposed PUD amendment also provides for an architectural theme that will provide consistency in design for the office and retail uses. The architectural theme design standards are intended to integrate the stand-alone retail U~es with the strip commercial center on Parcel "F". FISCAL IMPACT: Since this petition is initiated as an amendment to add similar small-scale retail uses as currently ,..~. provided in OrdinanCe Number 2000-28, it will not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be develop~ ~. I n~ ~_~ fact that new development has been approved will result in a future fiscal impact on C ~unt-~public facilities. DEC 17 2002 I The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban - Golden Gate Parkway Professional Office Commercial District, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). The site is also zoned PUD (Founders Plaza) and is within the Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOC). Relevant to this petition, this sub-district permits low intensity, office development, associated retail and other small-scale retail uses, and institutional uses, and contains certain development standards. The small-scale retail uses proposed on tracts "C", "D", and "E" may be deemed consistent with the Golden Gate Area Master Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the subject site is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL ISSUES: Because this PUD does not contain any wetland or preserve areas, the petitioner is not required to submit an updated Environmental Impact Statement (EIS). As a result, the Environmental Review staff has recommended approval as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: As noted above, the petitioner was not required to submit an EIS, therefore, this petition was not required to go to the Environmental Advisory Council (EAC). DEC 1 7 2002 2 COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on October 17, 2002. By an 8 to 0 vote, the CCPC forwarded Petition PUDA-01-AR-431 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following modifications. 1. Revise Section 4.3 (A) of the PUD to eliminate Power Laundries (#7211), Coin-Operated Laundries (#7215), Dry-cleaning Facilities (#7216), and Liquor Stores (#5921.) as permitted uses. 2. Revise the side yard setback requirement to provide a 25-foot setback when abutting residential zoned properties. 3. Revise Section 6.8(A) of the PUD to allow for the use of decorative parapet walls above the roofline. 4. The petitioner is encouraged to work with the Transportation Department to develop a fair share-funding source to allow for the construction of pedestrian bridges over the Santa Barbara Canal. The Planning Commissioners found this petition to be consistent with the GMP and compatible with the surrounding development. It should be noted that a representative from the Golden Gate Civic Association spoke in general support of the petition during the public hearing. She also expressed the need to improve pedestrian safety at the canal crossing and supported the construction of the pedestrian bridges. Because of the issue concerning the funding source for the construction of the pedestrian bridges, this petition could not be placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-01-AR-431 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. AC.,E. NDA J.TEM DEC 1 7 2002 PREPARED BY: CURI~NT PLANNING SECTION ~WED BY: SUSAN MURi~Y, AICP, MANAGER CURRENT PL~flqNING SECTION MA~GARETf~ERSTLE, , DATE PLANNING S~ERVICES DEPARTMENT APPROVED BY: /O ~I~PH K. ADMINISTRATOR MMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-01 -AR-43 I/EX SUMMARY/RVB/rb DEC 1 7 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER 30, 2002 RE: PETITION NO: PUDA-01-AR-431, FOUNDERS PLAZA PUD AGENT/APPLICANT: Agent: James G. O'Gara Owner: Park East Development, Ltd., LLC 5395 Park Central Court 5395 Park Central Court Naples, Florida 34109 Naples, Florida 34109 GEOGRAPHIC LOCATION'... The subject PUD is located on the north and south sides of Golden Gate Parkway (CR-886) and at the Santa Barbara Canal crossing in Section 28, Township 49 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting to amend the Founders Plaza Planned Unit Development (PUD) by rezoning the subject site from PUD to PUD and thereby repealing the Founders Plaza PUD Ordinance Number 96-5 and replacing it with a new PUD that permits additional retail and commercial land uses only on those parcels that exceed 150 feet in depth. PURPOSE/DESCRIPTION OF PROJECT.'. The Founders Plaza PUD was approved in 1996 and is partially developed with a church and accessory uses on Tracts "A" and "B" while Tract "F" is partially developed with four buildings comprised primarily of offices for Sprint, an insurance company, contractor, Collier County WIC Office, and a psychiatrists office. As depicted on the PUD Master Plan (Exhibit "A"), the PUD is comprised of six tracts that have frontage on Golden Gate Parkway. The petitioner now wishes to amend the Founder's Plaza PUD document to include language that mirrors the additional commercial land uses that are now permitted in the Golden Ga ~ ~,rea Master Plan. This plan was amended on May 9, 2000 (Ordinance 2000-28) to >e~~_T~rOa additional commercial uses on certain parcels that exceed 150 feet in depth. This ihan~--~.St~- ._ DEC 1 7 2002 I PI[. b allows for more flexibility in design, and breaks up the existing commercial strip type of development that currently exists along Golden Gate Parkway. The proposed PUD amendment also provide for an architectural theme that will provide consistency in design for the office and retail uses. The architectural theme design standards are intended to integrate the stand-alone retail uses with the strip commercial center on Parcel "F". SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject PUD is partially developed with a church in Tracts "A" and "B" along with a partially developed commercial center on Tract "F". The property is zoned the Founders Plaza PUD. Surrounding- North: Developed single family residential and a private school; zoned RSF-3 & RMF-6 East: Developed commercial Parkway Plaza and bank; zoned C-4 South: Developed single family residential and zoned RMF-6 & RSF-3 West: Developed commercial; zoned Parkway Promenade PUD. 2 Pl._ .- GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban - Golden Gate Professional Office Commercial Sub-district as identified on the Golden Gate Area Future Land Usc Map to the Growth Management Plan (See Exhibit "B"). This sub-district permits low intensity, office development, associated retail and other small-scale retail uses, and institutional uses. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The proposed amendment to this approved PUD is to allow additional small-scale retail uses on properties having a minimum depth of 150 feet. These uses include apparel stores; auto & home supply stores, restaurants, food stores, general merchandise stores, libraries, and personal service businesses. Based on this condition, the proposed amendment is consistent with the Golden Gate Area Master Plan and FLUE. Transportation Element - Because this petition will not increase the developable area or add additional commercial floor area over the amount that can currently be developed, the difference in site generated trips will not significantly impact Golden Gate Parkway (CR- 886). In addition, the Traffic Impact Statement (TIS) indicates that the project as proposed will generate 10,555 AADT and a peak hour rate of 658 trips. Based on staff's analysis of the TIS, the project trips will not lower the level of service below the roads adopted level of service "D" standard. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. Furthermore, Golden Gate Parkway (CR-886) is currently a 4-lane arterial road with a 2001 traffic count of 26,161 AADT for the segment fronting the project entrance. The estimated traffic volumes for this road segment at the project build-out in 2005 is projected to operate at an acceptable level of service. As a result, this petition is consistent with Policies 1.3 and 1.4, . of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review and comment. Since no additional acreage or square footage has been added to the PUD. no level of service (LOS) standard will be adversely affected by this amendment. As a rl ,~i~, ~o~_m~_ agencies have recommended approval. Furthermore, an Environmental Impact State aentl~IS) ~ {q~ DEC 17 2002 3 was not required since the subject site is partially developed and doesn't contain any wetlands. Therefore, this petition was not required to go to the Environmental Advisory Council (EAC) and the Environmental Services staff has recommended approval of this amendment as submitted. The Transportation Department has recommended that there shall be no direct vehicular access to 52na Street Southwest, 53rd Terrace Southwest, 28th Place Southwest, or 27th Place Southwest. Vehicular access to 53ra Street southwest may be allowed for limited taming movements. This access is subject to the review and approval of the Transportation Department at the time of site development plan approval. In addition, all access points and median openings depicted on the Master Plan are conceptual in nature. The Transportation Department shall approve the final access points into the project and the median design at the time of site development plan approval. EVALUATION: A comprehensive evaluation of this land use petition was completed based on the listed criteria that are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, with staff recommendation based on that overview. The Planning Commission to the BCC shall use the listed criteria as the basis for a recommendation of approval or denial. A summary of the potential impacts or considerations identified by staff is listed under each of the criterion with a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. The evaluation by professional staff include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "C" and Exhibit "D"). Relationship to Future Land Uses: This item refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan. The proposed amendment only reflects the adopted changes to the Golden Gate Area Master Plan that permits retail uses on lots that are a minimum of 150 feet in depth.,. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County GMP and is therefore compatible with other approved land uses in the area. In regards to the matter of timing of construction versus the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: The proposed amendment does not change the boundaries of the currently approved PUD. The partially developed PUD abuts a developed residential neighborhood and private school to the north that are zoned RSF-3 & RMF-6. To the east is the developed commercial (C-4) shopping center known as Parkway Plaza. Lands to the south are developed with single-family dwellings and are zoned R~ DEC 1 7 2002 4 P~. Photograph #1). Lastly, to the west is the commercial Parkway Promenade PUD that allows similar uses and development standards (See Photograph #2). Photograph # 1 Photograph #2 To improve compatibility, the PUD document was approved with a requirement for a 10 foot wide landscape buffer be placed around the perimeter of Tracts "C", "D", "E" and "F", excluding driveways, sidewalks and alley access drives. The buffer shall include one shade tree per 20 linear feet and a double hedgerow, which shall be a minimum of 36 inches in height at the time of planting and shall achieve 80 percent opacity within one year of planting. It should be noted that the currently approved development standards are not changed with this amendment. However, Planning Staff has stipulated that the overnight parking and/or storage of commercial vehicles be prohibited on Tracts "A" and "F", which are shallow (approximately 130 feet deep). These vehicles shall be parked on the larger tracts that can provide an adequate buffer from Golden Gate Parkway and from the adjacent residential lots. It should be noted that the currently approved Founders Plaza PUD required setbacks are also generally consistent with the standards for commercial zoning districts and with the adjacent PUD zoning district to the west. For example, both the Parkway Promenade and the Founders Plaza PUD provide a maximum building height of 25 feet plus 10 feet for parking beneath the structures. In addition, the setback from Golden Gate Parkway is 40 feet and 25 feet from residential for both PUD projects. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. As depicted in photograph #3 below, the existing church building was constructed with a ridge roof and stucco wails that are similar to the adjacent church school facility to the north. Furthermore, the application of PUD architectural theme requirements that provide similar development standards and construction materials should remove any perception that there are any incompatibilities in commercial building types with adjacent land areas. As depicted in photograph #4, the existing commercial building on Tract "F" is constructed with a ridge roof and stucco walls. The building design and massing is similar to the commercial building to the north across Golden Gate Parkway. A ' DEC 1 ? 2002 Photograph//3 Photograph//4 Utility Infrastructure: The site is accessible to a public sanitary sewer and municipal water supply. This amendr~ent will not change or impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2001-431 subject to the stipulations and the development commitments contained in the PUD Document. The PUD Document has been amended to reflect the following recommendations by staff. 1. The prohibition of overnight parking and/or storage of commercial vehicles on Tracts "A" and "F". 2. All access points and median openings depicted on the Master Plan are conceptual in nature. The Transportation Department shall approve the final access points into the project and the median design at the time of site development plan approval. 3. A landscape buffer shall be placed around the perimeter of Tracts "C", "D", and "E" and shall include one shade tree per 20 linear feet and a double hedgerow shall be a minimum of 36 inches in height at the fmc of planting and achieve 80 percent opacity within one year of planting. AC~.I',~:) AITEM DEC 17 2002 PREPARED BY: -. l~Y (t/ELL-OW§, CHIES: PLANNER DA~ C~ P~G SEC~ON y,- /O- R DA~ "~ PLUG SEC~ON ~G~T ~S~E, ~CP, DI~CTOR DATE PLUG SERVICES DEP~~~ ~PRO~D BY: ;~TOR DA~E/ C~~~ DEV. ~ E~ON~~ SVCS. S~ Report for October 17, 2002 ECPC meetMg. COLLAR CO~ PLUG COMMISSION: ~ETH L. ~E~A~, C~~ RVB/~/ST~F ~RT/~31 DEC 1 ? 2002 7 31S'T AV~4U~ S.W. 31ST &~ --- EXHIBIR "B" -"' : : : : 0 REZONE FINDINGS PETITION PUDA-01-AR-431 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the Golden Gate Area Master Plan of the GMP. 2. The existing land use pattern; The adjacent uses include commercial to the west and east while residential land uses are to the north and south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of suf£~cient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Golden Gate Area Master Plan (GGAMP). 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GGAMP. The proposed amendment will not change these boundaries. 5. 'Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is appropriate based on the approved commercial land uses east and west of the subject site. Furthermore, the subject PUD has a positive relationship to the Golden Gate Area Master Plan. EXHIBIT "C" DEC 1 ? 2002 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks and landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences by the Founders Plaza PUD on the residential subdivision to the south and north. Conversely, the location of the subject site could cause increased noise and traffic impacts on thc nearby residences. However, due to thc proposed landscape and buffer areas, the proposed amendment to thc PUD should not adversely impact the adjacent properties. In summary, the proposed PUD Amendment will not adversely influence living conditions in the neighborhood because the currently approved development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account thc requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion while certain traffic management system improvements are required as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilizatio~a 9f land for some land use activity is scrutinized and required to mitigate all sub-s ~rface~OE~A iTF.~ drainage generated by developmental activities as a condition of approval. Tht~ ~ DEC 1 7 2002 p,. project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure tlc, at light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Founders Plaza PUD complies with the Golden Gate Area Master Plan and the Growth Management Plan, which are public policy statements supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning,,, however to do so would deny this petitioner of the opportunity to maxi: aize DEC 1 7 2002 1o development potential of the site as made possible by its consistency relationship with the Golden Gate Area Master Plan and the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Golden Gate Area Master Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/01-AR-431/RVB/rb DEC 1 7 2002 P,. FINDINGS FOR PUD PUDA-01-AR-431 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Golden Gate City. Development of land that has legal access, and is adjacent to existing commercial/residential uses is particularly suitable for a mixed-use commercial/office development. Conversely, existing neighboring residents may perceive new development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise, and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the currently approved Founders Plaza PUD document and proposed amendment give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes to allow commercial uses, which is consistent with the Golden Gate Area Master Plan (See Staff report). - A~/[Xrr. M Exhibit "D" DEC 1 7 2002 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Thc subject 13.33-acre PUD has been developed with architectural design and development standards that reflect thc approved Golden Gate Area Master Plan and design character. In addition, landscaping has been provided to buffer thc adjacent residential and non-residential tracts. The PUD Master Plan has been designed to optimize internal land usc relationship through the usc of various forms of open space separation. The PUD is also consistent with the recently adopted amendment to the Golden Gate Area Master Plan to allow for additional retail uses within this PUD. External relationships arc automatically regulated by the LDC to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC P. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development stan- - ' this PUD are similar to those commercial development standards. fOR BEC 1 7 2002 PUDA-2001-AR~31 . PETITION NUMBER Pr~ # 2001020075 DATE .... D~e 2/28/01 APPLICATION FOR PUBLIC HEARIN~ FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING 1. Name of Applicant(s Park East Development, Ltd. Applicant's Mailing Address 5395 Park Central Court City Naples State Florida Zip 34109 Applicant's Telephone Number: Res.: Bus.: 593-1100 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. X (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Class A Limited Partners: James G. O'Gara (49%), Todd Gates (25%), James McVey (25%) Class B Limited Partners: Tim Hancock (100%) (If space is inadequate, attach on separate page.) 2. Name of Agent T_4m ~_n~nck. ATcP Firm: NA Agents Mailing Address 3001 Tamiami Trial North, Suite 206 City Naples State FL Zip 34103 - AG~A~ltJ~ Telephone Number: Res.: Bus.: 403-0223 ~ ~ (~ tC - 2002 1 · pg.~ } 3. ~UD ORDINANCE NAME AND NUMBER: Founders Plaza PUD 96-5 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale).The property has been platted for a significant period of time. Therefore, a survey should not be required. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 28 TOWNSHIP 49 RANGE 26 Lots 4, 5, & 6, BloCk 206, Unit 6; and Lots 1 - 4, Block 207, Unit 6; and Lots 28-31, Block 217, Unit 6; and Lots 1-7, Block 243, Unit 7; all within Golden Gate Subdivision, as recorded in Plat Book 5, Pages 124-146 of the public records of Collier County, Florida. 5. Address or location of subject property Golden Gate Parkway, at the Santa Barbara Canal crossinq. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? Yes IF SO, IN WHOSE NAME? Avatar Properties PETITION #: CP-99-1 DATE: May, 2000 2 10. HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Please see Exhibit 'A' Project Narrative. AFFIDAVIT We, James G. O'Gara being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF_~ALL OWNERS ARE ~. SIGNAT R , OWNER O NER State of Florida County of Collier The forego_~ng Application was ~acknowledged befor~ me this .[~' - ---~ ~-. ~^w~to me o~ who has produced ~-\~¢'~.~l~OZ. C5 ~'~C~$~- as identification and who did (did not) take an oath. CO~,,~SSION ~ CC 640455 gONDEI) TI. IIIU ~, *,¢~ ~O~O~N~ CO., ~NC. NOTARY PUBLIC Commission # Ce.~m 0 My Comm:,ssion Expires: PUD\DO APPLICATION/md/4128 DEC 1 7 2002 3 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOU~$T 1.. NAME OF APPLICANT: Mara_uette Develooment Corporation 2. MAILING ADDRESS: 5395 Park Central Court CITY Naples STATE Florid~ ZIP 34105 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):. ?uo^.2oo~-^~-~3~ Proj # 2001020075 Date 2/28/01 4. LEGAL DESCRIPTION: Section: 28 Township: 49 $ Range: 26 E Lot: 1-7 Block: 243 Subdivision: Golden Gate CiW Plat Book Page #: Property I.D,#: 36441320009: 36441080006:364411200051 36441160007: 36441200006~ 36441240008~ 36441280000~ Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ["-] b. CITY UTILITY SYSTEM ["-} ¢. FRANCIHSED UTILITY SYSTEM PROVIDE NAME FGUA d. PACKAGE TREATMENT PLANT [-'] (GPD capacity) e. SEPTIC SYSTEM 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [~] ~. CITY UTILITY SYSTEM c. FRANCHISED UTILITY sYSTEM PROVIDE NAME FGUA d. PRIVATg, SYSXY_Z40V LL) 7. TOTAL POPULATION TO BE SERVED: 4~ ~Ux 8. ~.. PEAK AND AVERAGE DAHJY DEMANDS: DEC~,, APPLICATION FOR PUBLIC HEARING FOR PUD RF~ONE - 10/9~ t ~=_ .. PAGE 12.,, ~'- · v A. WATER-PEAK 11.6 GPM AVERAGE DAILY ~ B. SEWER-PEAK $,6 GPM AVERAGE D,a, ILY ~ 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: I~I/A · 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement.and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and cc'x'dfied by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within thc services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by thc County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statemeot RJ'M 10/] 7/97 DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10~ ' Pk. '~ PAGE 13 OF ! 6 NARRATIVE STATEMENT Water and sewer systems for the area will be provided by Florida Governmental Utility Authority. The sanitary sewer system will consist of a lilt station located on the south side of Golden Gate Parkway. A gravity line will nm along the south side of Golden Gate Parkway connecting the project west of the Santa Barbara Canal to the lilt station. The properties located to the East of the Santa Barbara Canal and the North of Golden Gate Parkway will have grinder ptunps with low pressure force main.n that tie into the lift station. The lift station will fie into the Florida Governmental Utility Authority Wastewater Treatment Plant for Golden Gate City using a high pressure force main. The potable water for the area will be provided by tapping into and improving the existing water line on the west and east sides of the property creating a looped system throughout Golden Gate City. COLLIER COUNTY UTILITY DEDICATION STATEMENT The project is not located within the services boundaries of Collier County's utility service system, therefore, dedication statement is not required. STATEMENT OF AVAILABILITY CAPACITY Please see the attached letter from Florida Governmental Utility Authority. DEC 1 ? 2002 ~qAl~01 ~RI~.blAAH ~ 19*2'?~I~i~IA.II. RATIV~ FLORIOIA G~VERNMENTAL UTiI,~r~ AUTHOR~Y South C4Mun ~ Sut~ 860. T, gd/mm. IrJe*M ~2JOI. PImr4 (8ZO) M1-042~. F~ f~SO) 224-7206. ~ FGUA(~FGUA. com ooo RECEIVED APE 2 4 2000 Mr. Christopher D. Hagan, PE .lohn~n Engineering Poinciana Park, Suite 106 2640 Golden Gate Parkway Naples, FL 34105 RE: Park Fast - Lots 1-7 Golden Gate Dear Chris: Per your request, please be advised that the FGUA currently has capacity to supply your development with water and sewer service. Please note that prior to the payment of impact fees we do not guarantee service. A.t the same time, this pr?j,.e~,, i.s .o:m'e.nfly part of an assessment district to bring sewer to the site. 'fbe assessment restrict ~ been created and we are awaiting the final plans and permits fi.om the engineer prior to bidding. I hope this addresses your c. oncems. Should you have any questions, please l~t me know. Sincerely, Frederick Bloetscher, P.E. ~ Director of Engineering, Operations and Plarming Cc: Robert E. Sheets, CEO, GSG Wes Hill, Development Administration - Collier County DEC 1 7 2002 q Exhibit 'A' Project Narrative The proposed PUD amendment is a revision to part of the original Founders Plaza PUD. Property the lies North and East of the Santa Barbara Canal were sold and have been developed as a sanctuary and associated parking for St. Elizabeth Seton Church. As a result, the Founders Plaza PUD development commitments will remain unchanged for the Church property and the amended PUD will impact only the balance of the original project. This amendment is intended to update the existing PUD by including language that mirrors additional land uses that are permitted in the Golden Gate Area Master Plan. The GGAMP was amended this past year to permit additional retail and commercial uses on parcels that exceed 150' in depth. This will allow for more flexibility in design and serve to break up the positioning of buildings on the property to avoid the identical strip type of development that dominates the Parkway commercial areas. By combining stand-alone uses with typical retail commercial centers, a more varied and attractive development can OCCur. The requirements for architectural consistency throughout the project remain in place, with more references being made to the existing Land Development Code and fewer customized regulation than were previously in the document. The result is a cleaner, simpler document that will continue to serve the Parkway district well. The primary change is the inclusion of those uses deemed appropriate and compatible through the successful amendment to the GMP. DEC 1 7 2002 e~ IP 0[/28/2000 et O7:])H OUZ~ I. (~~ 5405 P~ C~ C~, ~1~, Flo~ 3410S ... . ~A~ OF ~ ~ OF ~-D~B S,02 ~ ~ ~., 0600 see F~i J 99-03-03~ DEC 1 7 2002 Block 261. L~ 1, ~, 3 ~ %, ~k 262 ~ ~ 1, 2, DEC I ? 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9628N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOUNDERS PLAZA PUD, FOR PROPERTY LOCATED ON BOTH SIDES FO GOLDEN GATE PARKWAY AT THE SANTA BARBARA CANAL CROSSING IN GOLDEN GATE CITY, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.33 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96.5, AS AMENDED, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, of Vanasse & Daylor, LLP, representing Park East Development, LTD, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioner of Collier County, Florida, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 28, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9628N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 96.5, as amended, adopted on February 27, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE; TI, is Ordinance shall become effective upon filing with the Department of State. DEC 17 2002 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: J~sN. coI. EVra, ~ Approved as to Form and Legal Sufficiency Ma~-ori~M. Student t Assistant County Attorney G:/admin/PUDA-2001 .ar431/RBlcw DEC 1 7 2002 Founders Plaza A PLANNED UNIT DEVELOPMENT PREPARED FOR: Park East Development, Ltd. 5395 Park Central Court Naples, FL 34109 PREPARED BY: Tim Hancock, AICP 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 REVISED BY COLLIER COUNTY: September 30, 2002 DATE PUD DOCUMENT FILED: January 25, 2001 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: DEC 1 ? 2002 TABLE OF CONTENTS TABLE OF CONTENTS: 2 LIST OF EXHIBITS: 3 STATEMENT OF COMPLIANCE: 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION: 5 SECTION II PROJECT DEVELOPMENT REQLYIREMENTS: 7 SECTION III COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B': 9 SECTION IV COMMERCIAL AREAS PLAN FOR TRACTS 'C', 'D', and 'E 14 SECTION V COMMERCIAL AREA PLAN FOR TRACT 'F' 17 SECTION VI DEVELOPMENT COMMITMENTS: 20 DEC 1 ? 2002 2 P,. LIST OF EXHIBITS PUD MASTER PLAN: EXHIBIT "A" DEC ~ ? 2002 STATEMENT OF COMPLIANCE The development of approximately 13.33 acres of property in Collier County, as a Planned Unit Development to be known as Founders Plaza PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan and the Golden Gate Area Master Plan. The commercial facilities of the Founders Plaza PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Golden Gate Parkway Professional Office Commercial District Land Use Designation as identified on the Golden Gate Area Future Land Use Map, as described in the Land Use Designation Description Section of the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. 2. The subject property is located along both sides of Golden Gate Parkway, between 53rd Street Southwest and 52nd Terrace Southwest. This strategic location allows the project superior access for the location of small-scale commercial and professional office land uses, as permitted by the Golden Gate Area Master Plan. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The project development will assist in enhancing quality of life by improving the aesthetics of the project's neighborhood as described in Objective 1.4 of the Golden Gate Area Master Plan. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 8. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. DEC 1 7 2002 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of Founders Plaza PUD. 1.2 LEGAL DESCRIPTION The subject property being 13.33 acres, more or less, and located in Section 28, Township 49 South, and Range 26 East, is described as: Lots 4, 5 & 6, Block 206, Lots 1 - 4, Block 207, Lots 28- 31, Block 217 as recorded in Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida, together with Lots 1 -7 Block 243, Lots 1 -4, Block 262, and Lots 13- 16, Block 261, as recorded in Plat Book 5, Pages 135 -146 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Lots 4, 5 and 6, Block 206 and Lots 1-4, Block 207 are owned by Bishop John J Nevins, Diocese of Venice, 1000 Pinebrook Road, Venice, Florida, 34292-1426. The balance of the property w,. .... ~.;~, ....."~" is owned by ^ -'atar D .... ,-,;~ ....... J,,-,, v,m,---,J ...... ~, ...... Inc. Park East Development, Ltd., 5395 Park Central Court, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on both sides of Golden Gate Parkway, between 53rd Street Southwest and 52nd Terrace Southwest in Golden Gate City (unincorporated Collier County), Florida. B. The subject property consists of 26 platted lots. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. C. The properties identified on the PUD Master Plan (Exhibit A) as Tracts 'A' and 'B' have been developed for the parish, offices and parking for a church. This PUD document does not change any of the commitments or requirements as they relate to Tracts 'A' and 'B'. The intent of this PUD is to preserve the zoning on Tracts 'A' and 'B', and to modify the development standards on Tracts 'C', 'D', 'E' and 'F' to mirror recent changes to the Golden Gate Master Plan and to update the PUD Document with respect to those Tracts. AGENDAITEM DEC 1 7 2002 ,,,. 3'1 1.5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Sub-Basin. Water from the site flows westerly through the Santa Barbara Canal, southerly into the Gordon River, and finally into Naples Bay. Elevations within the project site range from 9 feet to 12 feet, with a majority of the site between 11 and 12 feet. The entire site is within Flood Zone "X" per Flood Insurance Rate Map Panel#120067 0415 D. Per the USDA Soil Maps, the predominant soil type on the site is Urban Land Holopaw Basinger Complex. Approximately the eastern 10 percent of the site is Urban Land Matlancha Limestone Substratum Boca Complex. Since the lots have been previously filled, the project is composed mostly of weeds with occasional Australian Pines, Brazilian Peppers and Slash Pines. Lot #16, Block 261, Unit 7, is the only lot with a significant amount of non-exotic trees, that being approximately 15 Slash Pines. The exotic species are in the process of being eliminated from the site. 1.6 PROJECT DESCRIPTION The Founders Plaza PUD will include a mixture of professional offices, an existing church and small-scale commercial uses. Founder's Plaza intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for the commercial component of the project to present a unified and positive plan of development. The Master Plan is illustrated graphically as Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Founders Plaza Planned Unit Development Ordinance". DEC 1 7 2002 6 Pl. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this section is to delineate and generally describe the project plan development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Founders Plaza PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Founders Plaza shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5.6 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the ~ individual lots, as may be necessary. ,~ ~TEM 7 DEC 1 7 2002 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. DEC 1 ? 2002 8 p~. SECTION III COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B' 3.1 PURPOSE The purpose of this Section is to identify specific development standards for tla~v3t~ Tracts 'A' and 'B' as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan as Tracts 'A' and 'B' are intended to provide professional offices and low intensity commercial land uses. These Tracts ~ ar~ located on the north side of Golden Gate Parkway, east of the Santa Barbara Canal, and i~ are within the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Area Master Plan. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business Services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373- 7376, 7379). 3. Depository institutions (6021-6062). 4. Eating places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry-out; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711- 8713). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). DEC 1. ? 2002 8. Insurance carrier, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111). 10. Management and public relations services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611, 8621). 12. Museums and art galleries (group 8412). 13. Churches (group 8661) with a maximum building height 45 feet. 14. Non-depository credit institutions (groups 6141-6163). 15. Personal services (groups 7221,7291). 16. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 17. Real estate (groups 6512-6514, 6519, 6531-6553). 18. Research, development and testing services (group 8732). 19. Security and commodity brokers, dealers, exchanges, and services (groups 6211- 6289). 20. Transportation services (group 4724). 21. Veterinary services (group 0742, excluding outside kenneling). 22. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within this PUD Document except for the overnight parking and storage of commercial vehicles in Tract "A". 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: 1. Principal Structures: a. Front yards along Golden Gate Parkway - Forty (40) feet. b. Front yards along all other streets - Twenty-five (25) feet. c. Side yards between two lots within Tract 'A' of the PUD - Ten (10) feet. d. Side yard abutting the PUD perimeter - Twenty-five (25) feet. e. Side yard abutting the Santa Barbara Canal - Twenty (20) feet. f. Rear yards - Twenty-five (25) feet. 2. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians within designated pedestrian rest areas, shall only be required to be set back from the external boundaries of the PUD, a distance often (10) feet. ~,c.,gl~s ~lr:M DEC 1 7 2002 ]0 D. Distance Between Principal Structures: Twenty (20) feet. E. Minimum Floor Area: One thousand (1,000) square~ feet for the principal structure on the first habitable floor. F. Maximum Height: For principal structures twenty-five (25) feet plus ten (10) feet for any parking area beneath the structures. For churches maximum building height shall not exceed forty-five (45) feet. G. Off-Street Parking and Loading Requirements: Shall be consistent with Division 2.3 of the Land Development Code in effect at the time of site development plan approval. H. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each Site Development Plan application that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. I. Landscaping and Buffering Requirements: 1. A ten (10) foot wide Buffer "X" shall be constructed around the perimeter of Tracts 'A' and 'B~., excluding driveways and sidewalks perpendicular to the adjacent road rights-of-way, and along the Santa Barbara Canal. Such Buffer "X" shall require one (1) shade tree per twenty (20) linear feet and a double hedgerow along its entirety, except where the PUD boundary abuts property that is not within the Golden Gate Professional Office Commercial District. Where the PUD boundary abuts property not within the Golden Gate Professional Office Commercial District, a fence or wall shall be constructed that is at least six (6) feet in height with a single hedge row on each side of the fence or wall. Fences and walls shall meet the requirements of Section 2.6.11 of the Land Development Code. Such fences shall be wooden, at least ninety-five percent (95%) opaque and designed and maintained to provide an architecturally finished appearance on both sides. Such fences shall also be painted and maintained on both sides. Twenty-five (25) percent of such shade trees shall be a minimum often (10) feet in height, with a four (4) foot spread, and a one and three-quarter (1.75) inch caliper at time of planting and that will have a minimum canopy of fifteen (15) feet at time of maturity. The remaining seventy- five percent of such shade trees shall be a minimum of eight (8) feet in height, with a three (3) foot spread, a caliper of one and one-half (1.5) inches at time of planting, and will have a minimum canopy of fit~een (15) feet at maturity. All shrubs shall meet the requirements for shrubs as described in Secti(_ Land Development Code. DEC 1 7 11 2. Buffeting shall not be required between platted lots or projects within the PUD or along the Santa Barbara Canal. 3. A minimum often (10) percent of the gross vehicular use area shall be landscaped. Required trees within the Parking Lot (Internal) Landscaping Areas shall be one (1) tree per seventy-five (75) square feet of Internal Landscaping Areas. These trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at maturity. All other requirements of Section 2.4.5 of the Land Development Code shall apply. 4. For building perimeter landscaping, each building shall have one (1) tree, four (4) shrubs, and twenty (20) square feet of planting area for each two hundred (200) square feet of first floor building area. These trees and plantings shall be planted in the areas adjacent to such buildings prior to the issuance of certificates of occupancy. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half(1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at time of maturity. Planting areas shall consist of landscaped areas, raised planters or planter boxes with a minimum of one (1) shrub for each ten (10) square feet of planting area. 5. At the time of preliminary site development plan application, the site plan shall show a front pedestrian rest area for each platted lot, including any fraction greater than one-half (1/2) of a platted lot, and a rear pedestrian rest area for each building. (a) Front pedestrian rest areas, at a minimum, shall include the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick paver block or Bomanite (brick or stone design) sidewalk leading from the sidewalk along Golden Gate Parkway through the project's first row of parking; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of four hundred (400) square feet. The areas not utilized for these requirements shall be landscaped. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and, one-half(l.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. (b) Rear pedestrian rest areas, at a minimum, shall provide the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading fi.om the adjacent building to the park benches; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of three hundred (300) square feet. The areas not utilized for these requirements shall be landscaped. Such minimum area shall be located adjaceJ: ~c, "Xg~:~ I'rr~ DEC 1 7 2002 building. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting that will have a minimum canopy of fifteen (15) feet at maturity. (c) Projects on lots within Tract "B" may relocate rear pedestrian rest areas within that same Tract, such as along the Canal, as long as all of the required amenities are provided. 6. The architecturally compatible lighting shall not exceed sixteen (16) feet in height and shall be provided along the rear of the lots previously occupied by alleys or cul-de-sacs. Such lighting facilities shall not create glare onto adjacent residential properties. D. SIGNS: All project signs shall be consistent with Division 2.5 of the Land Development Code DEC 1 7 2002 13 SECTION IV COMMERCIAL AREAS PLAN FOR TRACTS 'D' &'E' 4.1 PURPOSE The purpose of this section is to identify specific development standards for Tracts 'C', 'D' and 'E' as identified on Exhibit A, PUD Master Plan. 4.2 GENERAL DESCRIPTION Areas designated as Tracts 'C', 'D' and 'E' on the PUD Master Plan are intended to provide professional offices and commercial land uses consistent with the Golden Gate Master Plan. These Tracts total +/- 6.85 of the +/-13.33 acres of the PUD and are located northwest, southeast and southwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. All tracts lie within the Golden Gate Parkway Professional Office Commercial District. 4.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tracts "C","D", & "E" as shown on Exhibit "A", PUD Master Plan: 1) All permitted uses and structures listed under Section 3.3.A of this Document, except #4. 2) Apparel and accessory stores (groups 5611-5699). 3) Auto and home supply stores (groups 5531 and 7549, auto accessory dealers-retail, automobile parts dealers-retail and speed shops-retail only). 4) Eating places (group 5812, except carry out establishments, drive through only establishments, commissary restaurants, concession stands, contract feeding, food service-institutional, hamburger stands, hot dog stands, snack shops, soft drink stands and tea rooms, ice cream stands, industrial feeding and refreshment stands). 5) Food stores (groups 5411-5499 except convenience food stores- retail, grocery stores and supermarkets). 6) General merchandise stores (groups 5311-5399). 7) Home furniture, furnishing, and equipment stores (groups 5712- 5736). 8) Libraries (group 8231). 9) Miscellaneous repair services (groups 7629-7631 no electronic repair, except computer repair only in coniunction with sales.) 10) Miscellaneous retail (groups 5912-5963 except pawn shops and building materials 5992-5999). 11) Paint, glass and wallpaper stores (group 5231). DEC 1 7 2002 14 pg. 12) Personal services (_groups 7211-7212, 7215, 7216 non industrial only 7221-7261, and 7291 except coin operated laundries, beauty shops and barber shops.) 13) United States Postal Service (group 4311). 4.4 DEVELOPMENT STANDARDS A. Minimum Lot .M'ea: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yards abutting the PUD perimeter: Fifteen (15) feet. 5. Side yards abutting the Santa Barbara Canal: Fifteen (15) feet. 6. Rear yards: Twenty-five (25) feet. 7. Accessory structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the PUD a distance of ten (10) feet. 8. Between Principal Structures: Fifteen (15) feet. D. Minimum Floor Area: 1,000 square feet for the principal structure, on the first floor. E.Height: Thirty-five (35) feet for the principal structures with no parking facilities allowed beneath structures. F. Off-street Parking and Loading: 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall provide the minimum required amount of parking facilities required by Section 2.3 of the Land Development Code. G. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subiect parcel provides a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum ofthi~ v (30~ percent open space of the cumulative area. DEC 1 7 2002 H. Landscaping and Buffering requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tracts "C", "D" and "E". Such Buffer "Y" shall include one shade tree per twenty (20) linear feet and a double hedgerow along its entirety. Hedges shall be a minimum of 24 inches in height at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. Where the PUD boundary abuts single-family zoning, the required buffering shall be a minimum Type C buffer as required by Section 2.4 of the Collier CounW Land Development Code. 4. Buffer areas shall not be required between platted lots or projects within the PUD or along the Santa Barbara Canal. 5. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public right- of-xvay. Access from sidewalks within the Golden Gate Parkway right-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of frontage along Golden Gate Parkway right-of-way. I. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. J. Fast-food restaurants shall shield all ordering devices and/or windows where orders are taken from view from Golden Gate Parkway. K. Where this document does not address development standards, the standards found in the most similar zoning district in the Land Development Code shall apply. DEC 1 7 2002 16 P~'- ~ SECTION V COMMERCIAL AREAS PLAN FOR TRACT 'F' 5.1 PURPOSE The purpose of this section is to identify specific development standards for Tract 'F' as identified on Exhibit A, PUD Master Plan. 5.2 GENERAL DESCRIPTION The area designated as Tract 'F' on the PUD Master Plan is intended to provide professional offices and commercial land uses consistent with the Golden Gate Area Master Plan. This Tract totals +/- 2.97 of the +/-13.33 acres of the PUD and is located northwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. The Tract lies within the Golden Gate Parkway Professional Office Commercial District. 5.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tract 'F' as shown on Exhibit "A", PUD Master Plan: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373-7376, 7379). 3. Depository institutions (groups 6021-6062). 4. Eating places [group 5812 (except cra'y-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry- out; restaurants, fast-food; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711- 8713). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). 8. Insurance carrier, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111). 10. Management and public relations services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611, 8621). 12. Museums and art galleries (group 8412). 13. Non-depository credit institutions (groups 6141-6163). 14. Personal services (groups 7221, 7291). 15. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511- 9532, 9611-9661). 16. Real estate (groups 6512-6514, 6519, 6531-6553). 17. Research, development and testing services (group 8732). ~. DEC 1 7 2002 17 18. Security and commodity brokers, dealers, exchanges, and services (groups 6211-6289). 19. Transportation services (group 4724). 20. Veterinary services (group 0742, excluding outside kenneling). 21. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within Tract "F" except for the overnight parking/storage of commercial vehicles. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yard abutting the PUD perimeter: Fifteen (15) feet. 5. Rear yard: Twenty-five (25) feet. 6. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the PUD a distance of ten (10) feet. 7. Between Principal Structures: Fifteen (15) feet. D. Minimum floor area: 1,000 square feet for the principal structure for the first floor. E. Maximum Height: Twenty-five (25) feet for the pnncipal structures plus 10 feet for parking areas beneath the principal structures. F. Off-street Parking and Loading: 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall provide the minimum required amount of parking as required by Section 2.3 of the Land Development Code. G. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subiect parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulativ, Iv with all _ 30) Af,~AtTEM~ previously developed parcels within the PUD will total a minimum of thirty ~.c~ percent open space of the cumulative area. DEC 1 7 2002 18 PI. H. Landscaping and Buffering Requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tract "F", excluding driveways, sidewalks and alley access drives that serve the project. Such Buffer "Y" shall require one shade tree per twenty (20) linear feet and a double hedgerow along the perimeter of Tract "F". Hedges shall be a minimum of 24 inches at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" inches in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public right- of-way. Access from the sidewalks within the Golden Gate Parkway fight-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of project frontage along Golden Gate Parkway. I. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. J. Where this Document does not address development standards, the standards found in the most similar zoning district in the Land Development Code shall apply. BEC 1 7 2002 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all State and local laws, codes, and regulations applicable to this PUD, in effect at the time of building permit application. Except as herein specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. Any successor or assignee in title is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. DEC 1 7 2002 20 .,. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in multiple phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 6.4 ENGINEERING This project shall be required to meet all the requirements of the Collier County Land Development Code and any other applicable ordinance in effect at the time final construction documents are submitted for development approval. 6.5 WATER MANAGEMENT This project shall be required to comply with the rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40 and Collier County Ordinance No.90-10. 6.6 UTILITIES Availability letters and construction plan approval from the applicable Florida government utility authority shall be provided prior to final subdivision plat or site development plan approval. 6.7 TRANSPORTATION A. The applicant shall install arterial level street lighting at each vehicular entrance along Golden Gate Parkway during construction of that project access unless these improvements are completed by Collier County as part of construction improvements to Golden Gate Parkway. B. Notwithstanding the existing roadway design of Golden Gate Parkway in the vicinity of this project, the County reserves the right of median access control. If the Collier County Transportation Department determines that operational problems require median modifications, the operation of this PUD rezoning shall not vest any right to the project owner that would prevent the County from modifying any median openings, including directional changes and possible future closure. C. All commercial accesses from Golden Gate Parkway shall provide right turn lanes into the development consistent with Collier County Ordinance 93-64, Work Within the Right-of-Way. D. The Collier County Transportation Department shall approve the final design parameters of any curb radius of all access points at the time of site development plan (SDP) approval. E. There shall be no direct vehicular access to 52nd Street Southwest, 53rd Te fac Southwest, 28th Place Southwest, or 27th Place Southwest. Vehicular acces to DEC 1 7 2002 21 pg._ ~-~ ,. Street southwest may be allowed for limited turning movements. This access is subject to the review and approval of the Transportation Department at the time of site development plan approval. F. A cross-access agreement between the owners of the subject PUD and the adjoining property to the west, Parkway Promenade PUD, shall be recorded in the Collier County Public Records prior to final site development plan approval. A westbound fight turn lane shall be constructed at their common entrance to serve both of these projects. Prior to the first site development plan approval within Tract "C" the developer shall dedicate compensating right-of-way to the County for the use as a right-of-way for the turn lane and relocation of the sidewalk. This compensation shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. G. The developer shall provide a fair share contribution toward a traffic signal system, if and when such signal system is warranted, at any project entrance. The County shall solely determine warrants for the installation of a signal system. The County shall own, operate and maintain any such signal system. H. Impact fees shall be paid in accordance with the Collier County Impact Fee Ordinance in effect at the time such fees are due and payable to the County. I. The petitioner may construct a new pedestrian bridge or bridges across the Santa Barbara Canal. One bridge would generally be located north of Golden Gate Parkway and the other south of Golden Gate Parkway. The exact location of the bridges shall be determined at the time of site development plan approval. J. The median opening west of the Santa Barbara Canal on Golden Gate Parkway shall be modified from the existing full opening to a directional opening and subject to the Transportation Department approval. 6.8 PLANNING A. All buildings shall provide a common architectural theme incorporating architecture and project signage consistent with Section 2.8 of the Land Development Code. During the site development plan review process, the developer shall provide architectural drawings indicating that all proposed buildings will have a common architectural theme and similar architectural style for parcels that are immediately adjacent to each other. These buildings shall utilize stucco walls (except for decorative trim), pastel colors and tile roofs as defined in Section 2.8 of the Land Development Code. B. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. DEC . OO2 22 EXECUTIVE SUMMARY CONSIDERATION OF AN ORDINANCE THAT ESTABLISHES A COLLIER COUNTY HUMAN RELATIONS COMMISSION OBJECTIVE: To consider adoption of an ordinance that creates a Human Relations Commission to promote the civil and human rights of all. Collier County residents. CONSIDERATIONS: On July 31, 2001, the Board of County Commissioners directed staffto work with the County Attorney's Office, the Collier County chapter of the National Association for the Advancement of Colored People (NAACP) and other interested citizens and constituency groups to develop an enabling ordinance to create a Human Relations Commission as an advisory board to the County Commission. The intent was to establish a commission that would serve as a public forum for discussion, recommendations and education on matters affecting human relations and civil rights issues in the community. Since that time, staffhas been working to prepare an ordinance for presentation to the Board of County Commissioners. A series of ordinance drafts was circulated for public review and comment. In addition, a public meeting to receive final comments on the draft ordinance was held November 6, 2002 in the Board of County Commissioners chambers. The ordinance provides limited investigative powers and no enforcement powers. FISCAL IMPACT: The fiscal impact associated with implementation of the Human Relations Commission as proposed is estimated to range between $65,000 and $90,000 annually. This estimate includes one full-time coordinator and associated operating expenses. If approved, staff would develop a detailed budget based on the specific definition and role of the Human Relations Commission as determined by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners consider adoption of the Collier County Human Relations Commission Ordinance. ..-.. SUBMITTED BY: . DeCo'ah L. Wight Date: Assistant to the County Manager .... · .. DEC 1 7 2002 Co~er Deputy APPROVED BY: Date: DEC 1 ? 2002 ORDINANCE NO. 2002- AN ORDINANCE OF COLLIER COUNTY, FLORIDA PROVIDING FOR CREATION OF A HUMAN RELATIONS COMMISSION; THE PROTECTION OF CIVIL RIGHTS; ESTABLISHING A TITLE, PURPOSE, AND INTENT OF ORDINANCE; PROVIDING DEFINITIONS; OPPOSING DISCRIMINATION; MEETINGS; OBJECTIVES; POWERS AND DUTIES; PROVIDING FOR ADMINISTRATION OF ORDINANCE; CONFLICT AND SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of CoUnty Commissioners of Collier County, Florida has determined that discrimination within Collier County 0aereinaiter referred to as "the County") on the basis of race, color, sex, age, national origin, religion, marital status, sexual orientation or disability in connection with, among other things, employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement threatens the equal rights and opportunities of the people of Collier County; and WHEREAS, the Board of County Commissioners has determined that persons who fall within the enumerated categories above are considered members of the protected classes; and, WHEREAS, the Board of County Commissioners opposes such discrimination and seeks to promote the interests, rights and privileges of all of its citizens within the County;, and WHEREAS, the Board of County Commissioners seeks to protect the equal fights and opportunities of the people of the County through the herein-contained regulations; and WHEREAS, the Board of County Co~missioners seeks to educate the Collier County Community about existing federal, state and local anti-discriminatory laws and aid in the utilization of these laws; and U:L; 1 ? 2002 WHEREAS, the Board of County Commissioners seeks to protect the equal fights and opportunities of the people of Collier County through the creation of a Human Relations Commission that will serve as a public forum for discussion, recommendations and education on matters affecting human relations and civil rights issues in the Collier County Community as a whole; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: Section 1. Creation. 1. The Human Relations Commission is hereby created and shall be composed of eleven (11) citizens of the County, appointed by the County Commission to serve for terms of four (4) years, staggered such that not more than four (4) terms shall expire in any calendar year. Members shall reside in the County and shall be registered voters of the County. The Human Relations Commission shall be chosen to ensure representation from a diverse cross-section of the entire Collier County community and from the protected classes of persons to the fullest extent possible at the time of the appointment. There shall be on the Human Relations Commission at all times at least five (5) representatives fi'om among the following fields: retail merchandising; management; industrial management; real estate sales; hospitality; health services; agriculture, financial services; construction; and law enforcement; and at least five (5) representatives of the following protected groups who historically have alleged discrimination based upon race, color, sex, age, national origin, religion, marital status, sexual orientation or disability. 2. Members' terms shall be set up on an overlapping basis and members may not be appointed to serve more than two (2) consecutive terms, unless the Collier County Board of L; .C 1;-' 2002 ~'-" County Commissioners grants an exception or waiver of the term limits because of unusual circumstances for an additional term or a portion of a term. Vacancies shall be filled in the same manner as the original appointments. Each member shall serve without compensation and may be removed with cause by the County Commission upon the recommendation of a majority of the commission at any time. Members of the Human Relations Commission shall appoint a chairperson and secretary and the Human Relations Commission may promulgate rules and regulations for the conduct of its meetings and affairs. Section 2. Definitions. 1. Protected Class Or Protected Persons: persons or a class of persons who fall within the enumerated categories of suffering discrimination on the basis of race, color, sex, age, national origin, religion, marital status, sexual orientation or disability in connection with, among other ~-- things, employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement. 2. Discrimination: as defined by one or more of the state or federal statutes referenced herein. 3. General De£mitions: shall be as defined in one or more of the federal and state statutes referenced herein. Section 3. Findings. The Board of County Commissioners hereby finds and declares that prejudice, intolerance, bigotry, discrimination, and the disorder occasioned thereby, threaten the civil fights and privileges of the inhabitants of the County and menace its institutions. The Human Relations A~ Commission, subject to the policies established by the Board of County Commissioners, shall DF.L; 1 ? 2002 have the power and general jurisdiction to approve of procedures which will help to educate the public and aid in the prevention of the effects of present and past discrimination, including, but not limited to discrimination in: employment, education, medical care, homing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement employment, and any other forms of discrimination; and to take such action as is deemed necessary to secure the equal protection of civil fights of Collier County citizens consistent with the approved policies of the Collier County Board of County Commissioners. The Human Relations Commission shall assist such persons who may have experienced discrimination in seeking the proper recourse through the appropriate Federal, State or Local Agencies such as the United States Equal Employment Opportunity Commission or United States Department of Housing and Urban Development (HUD). Section 4. Title, Purpose and Intent of Ordinance. 1. The general purposes of this Ordinance are: a. To provide information, assistance and education within Collier County of the policies embodied in Title VH of the Federal Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; Title VHI of the Federal Civil Rights Act of 1968, as amended; the Fair Housing Amendments Act of 1988, as amended; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Act of 1991, as amended; and the Florida Civil Rights Act of 1992, as amended. b. To assist all individuals within Collier County to seek to attain freedom from discrimination because of race, color, sex, age, national origin, DEC 1:' 2992 religion, disability, sexual preferences or marital status in connection with employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement of employment, and any other forms of discrimination and thereby to promote the interests, fights, and privileges of Collier County citizens through public discussions, forums, investigation of complaints, findings, and the taking of positions on issues properly brought before it for determination, assistance and investigation. 2. This Ordinance shall be liberally construed to preserve the public safety, health, and general welfare, and to further the general purposes stated herein. Section $. Meetings. 1. The Human Relations Commission shall be required to hold at least four (4) meetings each year and may meet more frequently. Notice of the time and place of the meeting shall be given to all Human Relations Commission members and all parties scheduled to be heard, and shall be made public and publicly noticed. The chairperson may call an unscheduled meeting, and meetings may also be called by written notice signed by three members of the Human Relations Commission. All meetings shall be public. The County Manager shall provide such staff as may reasonably be required in his or her discretion to assist the Human Relations Commission in the performance of its duties. The County Manager shall provide a regular meeting place for the Human Relations Commission. 2. Seven (7) Human Relations Commission members shall constitute a quorum for the conduct of Human Relations Commission business. A majority of the members of a panel or L: C 1 ? 2002 committee shall constitute a quorum for the conduct of business assigned to a panel or committee. In the presence of a quorum, board or panel business shall be conducted by a vote. Seven votes of the Commission members present shall be needed for any affirmative action to be taken. Section 6. Objectives. 1. The objectives of the Human Relations Commission shall be to: a. Promote and encourage fair treatment and equal oppommity for all persons regardless of race, color, sex, age, national origin, religion, marital status, sexual orientation or disability and mutual understanding and respect among members of all economic, social, racial, religious, and ethnic groups and shall endeavor to eliminate discrimination against and antagonism between religious, racial and ethnic groups and their members; b. Cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; c. Assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of group prejudices, racial tension, intolerance or discrimination; d. Aid in permitting the County to benefit from the fullest realization of its human resources; e. Recommend that the County accept grants and contracts from foundations and other sources for the purpose of carrying out the above-listed functions, subject to the approval of the County Commission. DF.L; 2002 Section 7. Powers and Duties. 1. The powers and duties of the Human Relations Commission shall be to: a. Work together with federal, state and local agencies in developing courses of instruction, for presentation throughout the community in both the public and private sectors, on techniques for achieving harmonious inter- group relations within the County. b. Encourage equality of treatment for and discourage discrimination against all protected classes, herein defined as any group or its members who allege that they have been discriminated against on the basis race, color, sex, age, national origin, religion, marital status, sexual orientation or disability in connection with, among other things, employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions or other means of contracting and procurement. c. Study, hold public meetings and forums and make recommendations and/or findings concerning the problems of prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby in all or any fields of human relationship. d. Receive and investigate complaints pertaining to: 1. Complaints of discrimination based upon race, color, sex, age, national origin, religion, marital stares, sexual orientation or DEC 1 ? 2O02 7 disability; and racial, religious, ethnic and age group tensions, prejudice, intolerance, bigotry and disorder occasioned thereby. 2. Discrimination against any person, group of persons, organization or corporation, whether practiced by private persons, associations or corporations. e. Issue reports to the County Commission and Collier County municipalities including at least the following: 1. Recommendations to the County Commission, Naples City Council and other County municipalities regarding legislation to aid in carrying out the purposes of this Ordinance. 2. Presentation of an annual written report to the County Commission, Naples City Council and other County municipalities each year indicating the number and types of complaints received and the presentation of other reports or recommendations as deemed necessary or desirable. fi Encouraging the participation and involvement of the parents and youth of Collier County in the development of community educational programs to further the goals herein and to determine the manner in which such educational information way be imparted to the youth of Collier County to aid in the elimination of discrimination in Collier County. g. Working together with federal, state, county, city and private agencies whose purposes are also to assist local citizens and groups with social programs, projects, facilities and services. <~-~k h. Performing demographic surveys of the local population, analyzing the resulting data and preparing reports as required to adequately inform the County Manager and the County Commission of significant changes in the local demography as they pertain to the need for socially related changes in County policies, programs, projects, facilities and services. i. Making such investigations and studies in the field of human relations as in the judgment Of the Commission will aid in effectuating its general purposes. After any such investigation, determining if substantial evidence exists to wan'ant the filing of a report with the relevant local, state or federal agency for enforcement action or recommending that other action be taken locally. ~ j. Promoting and assisting in developing an environment of fairness and respect among citizens by ensuring that responses to acts of exclusion, bias, and discrimination are meaningful and consistent. k. Developing ways to measure and monitor community relations, race relations, and civil fights issues, particularly those that are sources of intergroup conflict. 1. Involving all segments of the community in understanding and appreciating the benefits of positive intergroup relations. m. Encouraging a range of programs and services that help communities prevent and resolve issues of human relations, race relations, and civil 17 2002 n. Developing ways of anticipating, preparing for, and relieving community tensions arising from intergroup conflict. o. Working with other human relations organizations and agencies. p. Encoura~ng government agencies to review policies and practices to ensure that services are available to all communities. q. Reviewing local ordinances affecting race relations issues, including hate crime, and making recommendations for strengthening efforts. r. Encoura~ng law enforcement agencies to develop ties with local schools, businesses, and community or organizations. s. Assisting in the development of plans for responding to and managing community conflicts and disruptions. Encourage contingency planning by schools, government agencies, and businesses. Commissions can also assist in planning for the overall response to serious civil unrest. t. Reviewing the local response to hate crime, including adequacy of hate crime ordinances, assistance to victims, police investigation and reporting, and prosecutions. Section 8. Administration. 1. Members of the protected classes may direct inquiries and complaints to the office of the County Manager for processing and presentation to the Commission. 2. The Commission may determine at their meetings the proper metkod of disposing of or the handling of inquiries received based upon the powers enumerated herein. lO I~~L* Section 9. 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 phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. Section 10. 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Nothing herein is intended to nor shall create an independent cause of action for damages or other judicial relief without specific authorization by ordinance approved by the Collier county Board of County Commissioners. Section 11. Effective Date. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adoption of this Ordinance. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this ~ day of , 2002. DEC 1 7 2002 11 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Deputy Clerk JAMES N. COLETrA, CHAIRMAN Approved'as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney h:/Public./Jackie./Ordinance/Human i~lations-as amended 44}1-2002 DEU ! ? 2.002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To reappoint 1 member to serve a 2-year term, expiring on December 31, 2004, on the Oehopee Fire Control District Advisory Committee. CONSIDERATIONS: Thi.~ 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Term~ are 2 years. A list of the current membership is included in the backup. The term for Mr. Kent L. Orner, Sr. will expire on December 31, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kent L. Orner, Sr. I Chokoloskee [ 5 I Yes I Ochopee Fire Comxol Dist. .I NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted, "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Kent Orner has served on the committee since 1997 (3 terms). Should thc Board wish to re-appoint Mr. Orner, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: Thc committee currently has 2 vacant positions and due to a lack of a quorum for the December meeting, there is no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct thc County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 17, 2002 17 2002 ~ECEIVED ~OV Memorandum Date: November 18, 2002 To: Sue Filson, Exocutive Manager Board of County Commissioners From: Paul Wilson, Fire Chief Ochopee Fire Control District Re: Kent Orner's reappointment to the Ochopee Advisory Board Due to the lack of a quorum next month's meeting has been canceled. However, the Advisory Board would probably not oppose the re-appointment of Kent Oruer. In the past they always supported him. Sincerely, Paul Wilson, Fire Chief Ochopee Fire Control District ~[C '~ 7 2002 Emergency Services D/vision r Ochopee Fire Control Distdct Advisory Committee Work Phone Appt'd Ea~lx Date Term Natne Home Phone DateRe-appt 2ndEocpDate 2nd Ttvm 12/31/02 2 Years Mr. VACANT Distr/ct: Category: Port of the Islands Mr. Kent L. Orner, Sr. 01/07/97 12/31/98 .2 Years P,O, Box 659 695-3546 01/09/01 12/31/02 2 Years Chokoloskee Island, FL 34138 District: 5 Category: Chokoloskce Councilman David Loving 695-3781 03/28/00 12/31/01 2 Years P.O. Box 110 01/22/02 12/31/03 2 Years Everglades City, FL 34139 District: 5 Category: Everglades City Mr. Hugo C. Sims (¢3~ Lo-~'>' 01/'22/02 12/31/03 2 Years 423 Riverside Drive 695-2517 Everglades City, FL 34139 District: 5 Category: Everglades City Mr. John L. Pennell 12/14/99 12/31/01 2 Years 32 E. Flamingo Drive 01/22/02 12/31/03 2 Years Everglades City, FL 34] 39 District: 5 Category: Plantation Island Ochopee Fire Control Distdct Advisory Committee Nanut Work Phone Appt'd Exp. Date Term , Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 89-98 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control Disttfct. Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, 1 member from Everglades City {appointed by the Mayor), 1 member from Plantation Island, 1 member from Chokoloskee, I member from Lee Cypres {Coealand) and 1 member from Ochopee. Terms am 2 years. Ochopee Fire Control District - 695-4114 Amended by Ord. No. 89-98 FZ, STilT 125.01 Sta~.. Chief Paul Wilson, Ochopee Fire Department: 695-4114 MEMORANDUM DATE: November 1, 2002 TO: Elections Office Manag~ ~ FROM: Sue Filson, Executive Board of County Commissione~rg ' RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individu_al.q for appointment to tree of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT Kent L. Orner, Sr. ~ P.O. Box 659 Chokoloskee, FL 34138 Thank you for your help. MEMORANDUM DATE: November 1, 2002 TO: Chief Paul Wilson Ochopee Fire Control District f~ FROM: Sue Filson, Executive Manager,,/[,/[ Board of County Commi~ioner'g~' RE: Ochopee Fire Control District Advisory Committee As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration- I have attached the resumes received for your review as follows: Kent L. Omer, Sr. P.O. Box 659 Chokoloskee, FL 34138 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sammmry for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments &"Ec i7 2002 '~ Board of County Commissioners · ..~.~ ~.. _ ~.~..,~;.. 3301 Enst Tamiami Trail ~:~ Naples, FL 34112 ~" (941) 774-8097 .~. ~:~ Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: KENT L. ORNER Sr HomePhone: (239)59§-3§46 Home Address: PO Box 6§9 Chokoloskee, FL ZipCode: 34138 Fax No. 695-3078 Business Phone: e-mail address: kd~r~_ho,~.~,~nnl, cora Business: Board orCommitteeAppliedfor: 0chopee Fire Control District Advisory Comm. Category (if applicable): Example: Commission District, Developer, environmentaliat, lay person, ete- Are you a registered voter in Collier County:' Yes X No D° you currently hold public office? Yes No If so, what is that office?. Do you now serve, or have you ever served, on a Collier County board or committee? Yes XNo If yea, please list the committees/boards: Everglades City Construction Industry Licensinq Board (~o !on,er) 0chopee Fire Control District Advisory Committe Plense ~st your community acth~t~s (civ~ ¢lnbs, neighborhood associations, etc. and positions held: Parkway Village of Chokoloskee Islond Condo Assn. (President) Advisory Board- Ochopee Fire Con~:rol Education: High School, Trade School Ex~rience: Retired Pilot - Delta Air Lines Airframe & Powerplan% M~mhan~m L~mm-~e~(~AA Licensed) Pilot License - Aircraft. Sinqle & mu]~-~ng~n~ B-727 Type Rateinq Please ~_~c~ a~y additional lnfo~n y~ fed ~e~ Tk~ ~c~on shoed be fo~arded to $~ ~ ~c~e Man~ ~ ~e Bo~d of Co~ Co~n, 3301 E~ T~i~ Tr~ M~, ~ 34112. If you w~, p~e f~ yo~ ~ ~ (941) 77~2 or e~ ~ su~o~ov.n~ ~ Ym f~ v~ ~ t~e ~e ~ ~ C~ Co~. EXECUTIVE SUMMARY .... APPOINTMENT OF MEMBER(S) TO THE LIBRARY ADVISORY BOARD OBJECTIVE: To reappoint 1 member to serve a 4-year term, expiring on December 3 ~, 2006, on the Library Advisory Committee. CONSIDERATIONS: The Library Advisory Board has 2 terms expiring on December 31, 2002, representing Commission Districts 1 and 3. This 5-member board advises the Board of County Commissioners olx the operations and proposed budget- for the Collier County Library System. Members are required to file a Form 1 Statement of Financ~l Interest each year with the Supervisor of Elections. Terms are 4 years. A list ofthe current membership is included in the The terms for Sydney S. Mellinger and Sabina Musci will expire on December 31, 2002. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sabina Musci N/a I 3 Yes I Library Advisory Board GG Beautification Adv Corem NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted, "By a unanimous vote of the Commission, the limitations set forth in sUbsection (B) above may be waived". According to available records, Sabina Musci has served 2 terms. Should the Board wish to re-appoint Ms. Musci, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: Sabina Musci FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and d/rect the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 17, 2002 -,,.'< ..... lIBRARY ADVISORY BOARD COLLIER COUNTY PU~C LIBRARY 2385 Orange Blossom ~ve .~,~ ~,- (~) 593-~11 ' ~.~r-lib. org November 25, 2002 Sue Filson Executive Manager Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue: In reference to Library Advisory Board (LAB) applicant Sabma Musci, the members of the LAB have voted to endorse her for reappointment to the Library Advisory Board of Collier County Public Library. In working with Sabina, we have found her to be competent, capable, and knowledgeable. She is also articulate, dedicated, and totally committed to insuring county residents receive the highest caliber of library services possible. Her knowledge, experience, and dedication, we feel, would be of tremendous value to the Library Advisory Board. It is for these masons that we are recommending Sabina Musci for reappoinmaent. Sincerely, Yaculyn Dering JD/lf Library Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term IV[s. Doris J. Lewis 403-6702 01/14/97 12/31/00 4 Years 94 Second Street South 261-8754 01/09/01_ 12/31/04 4 Years Naples, FL 34102 /)/s/r/ct: 4 Category: 12/22/92 12/31/96 4 Years Ms. Jaculyn K. Dering 6508 Thomas Jefferson Court 592-0180 01/09/01 12/31/04 4 Years Naples, FL 34108 District: 2 Category: 06/17/97 12/31/00 4 Years Ms. Diane Williams 4 Years Pt. 2, Box 18 657-4171 01/09/01 12/31/04 Immokaiee, FL 34142 District: 5 Category: 06/04/91 12/31/94 4 Years Ms. Sydney S. Mellinger 1200 Ludlam Court 642-0633 1/12/99 12/31/02 4 Years J Marco Island, FL 34145 District: 1 Category: Ms. Sabina Musci 643-2324 12/13/94 12/31/98 4 Years 4470 32nd Avenue, S.W. 1/12/99 12/31/02 4 Years ~'~ Naples, FL 34116 District: 3 Category: Library Advisory Board Name ~Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF. xpDate 2nd Term This 5 member committee was created by Ord. No. 88-71 to advise the Board of County Comrnissionem on the operations and proposed budget for the Collier County Ubrary System. Members am composed of 5 members representing the 5 commission districts. e a orm ~i.~H,,=,',~. ~f ~&hc;=; :,-,~.;'--~ =~h year w;~], ;;,~ ,~l.,~-,-;,7.~,"cf - ~ Terms am 4 years. FZ, STAT Staff: John Jones, Library Director. 774-8486 ~ N/edne~day, January 10, 2001 Page 2 of 2 NO. _ MEMORANDUM DATE: November 1, 2002 TO: Elections Oflfice ~)/ FROM: Sue Filson, Executive Manag Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Sabina Musci .~ 4470 32"'l Avenue, S.W. Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: November 1, 2002 TO: John Jones, L~rary Director FROM: Sue Filson, Executive Manager Board of County Commissionex~r~ RE: L~rary Advisory Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sabina Musci 4470 32~ Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fxame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 2C3 18718/2882 13:18 8888888888 KENSINGTON PAGE 81 SABINA A. MUSCI 4470 32nd Avenue SW Naples, FL 34116 October 18, 2002 Ms. Sue Filson Executive Manager Collier County Government 3301 Tamiami Trail East Naples, FL 34112-~977 RE: Library Advisory Board Dear Ms. Filson: Pursuant to your letter of October 14, 2002, I would like to be considered for another term on the above referenced Advisory Board. Attached please find an updated application. Very truly yours, Sabina Musci 18718/2882 13:10 8888888888 KE]NSIbI~TON P~ 82 Board of Coun Co ssioners 3301 East T~a~ Napi~, F~: (2~9) 77~2 Application for Advisory Committee/Boards Nme: ~n~,',o,~ ~c~; Home l)hone: ~/~'~- Fax No. ~ Cy. ¢.~ ~ Business l, laone: 6 ~' ¢- ~'/','.~ e-mail addresS:~/a~n~.~.~,.,,-~o. _ Buainen: ](~.~,.~. ~.. ~ ~,.~/o,~.~,a~- BoaFd or f~ommltt~ Applied for: Z/~; ~-~. _ ~d Example: Commk~on ~ .ev~op., ~nm~n~c lay pe.on, ~e you a r~t~ voter h ~o~er ~oun~: Yes / No Do you cu.enfly hold pubic o~ce ? Y~ No Do you now s~ or have you ever se~e~ on a Comer Coun~ bo~d or Co~~? Y~ ~ No Pl~se H~ your co~~ acfi~fl~ (ci~c clubs, ne~hboorhood ~so~fions, etc.) ~d positions held: ~... ~.~/ ~~ ~.~ Please attach an?.' addUional information y, ou feel pertinent. ]7tis application sho.uld b_.q f_o.r~.'.a[d~.d, to Su.~.FHs, on. F~. cut~ve Manager to the Board of County Commissioners, 3JOl East Tarniami Trad, N~ples,. FL 3.4 l 12. l] you w~n. pt~.ase,/_.az .,~our. application to (941) 774- 3602 or e- mail to sue[ilsont~collicrg.ov, net. Thank you for volunteering to serve tl~e ctt~.ens o! Collier County. BEC 17 2002 18~18/2002 13:10 8888888888 KENSINGTON PAC.,~E 83 SABINA A. MUSCI 4470 32nd Avenue SW Naples, FL 341 ! 6 239/455-8386 E:~ eHence 1997 - Present Admixfistra~e Assisimnt, Kensington_Golf and Ccnmtr~__~: Dc~clopm~nt Depamnsmt and Golf Cour~ Operations Respons~l¢ for ~he day-~o-day operation of bo~ the Development and Oolf C, oul~e Opcrations offices for an 18-hole golf course/369 acre counl~y club co~um~y · Serve as Sccrcta~ for thc Kensington Park Architectural Review Board · Prepare correspondence Mid forms, and maintain files related to Kensington Parle Ma.~er Association 1996 - 1997 Secretary, parks. Bennett and Stewart · Prepared correspondence and documents for a law firm specializing in Estate Planning and Real Estate · Managed trust checking accounts 1995 - 1996 Secretarg, .Ct~ _c-ff~ & Pasgiclcn~o. P.A. · Prepared correspondence, reports, lea~es, contracts, etc. · Maintained Film h-brary · Preparccl correspondence and maintained files for various §ovcrnmcntal and civic o~anizatious in which my employer was involved. 1982 - 1995 Administrative Assistant, Coastal En_mineering Consxfltants. Lnc. ·Prepared/composed various responses to client% attorneys, banks and govcr-mental agencies for Civil Engineering Department o Prepared project spccifications and repons · Maintained fries and company library · Prepared iuvoices for Civil Engineering Dcpartment · Attended meetings when necessary 1980 - 1982 Secretary, Holc_Momes 8: Associates: Inc. · Performed all secretarial duties for Vicc-Prcsidcnt of this civil engineering company 1977 - 1980 Secretary, Collier County_ Board of Commissioner~ Participatcd in thc establishment of an employee pay plan by interviewing County pcrsonnel and tneparing job descriptions , .attended meetings ~epre. scnting the Pcxsonnel Director Processed and maintained insurance and worker compensation claims for all County employees 1972 - 1977 Teache', l~ollin_~ Hills Country__ Day ~ehqol, Albertson, L.I., N.Y. As a Kindefg,xrte~ Teacher my Im~ma~y role was in the dcv¢lopmcnt of basic sldlls, social behawior and muscle comdination thnmgh zcaclin~ readiness progr',mm, games, cra~ and music. 10718/2082 13:18 8888888888 KENSINGTON PAGE 84 B.S. Elemenlmry Education, SL lohn's Univer$iW, New York IvLS. F-arly Childhood Education, St. lohn's UniversitT, New York Honors Who's Who Among $~ in American Colleges aad Univemiies Collier County Library Advisory Board, 1994 - 2002 Golden Gate Median Be~sutification Adviso~ Committee, 1994 - 2002 Livingston Road Beautffica~on Association, 1999 - 2002 Collier County Yotmg R~publicans, 1985 - 1987 American Bu.sin~ss Woman's Association, 1983 - 1991 Police Athletic League - Cheerleader Advisor, 1977 - 1982 Kappa Beta Ganmm National Sorority - Alumnae Association, 1972 - 1980 l~eferenees leff Man,an, C.O.O. Kensington Park D~v~.lopm~nt 2700 Pine Ridge P. oad Naples, FL 34109 941/649-44'!.0 Deborah Stewar~ Parks and St,,art 865 Fifth ,avenue, South Naples, FL 34102 941/262-0400 3ohn Iones Dir¢=~ot, Colli~ County Library 2385 Or,nEe Blo~o~ Drive Naples, I~L 34109 941/593-3511 Michael F. S~phen, Ph.D., P.G. Coastal Engine~ Consul~, Inc. 3106 S. Homeshoe Drive Naples, FL 34104 941/643-2324 Todd T. Turr~ll, P.E. Turrell & Associatrs, Ia¢. 3584 Exc~ Av~,oue Naples, FL 34104 941/643-0166 Richaxcl P. He~detlong Hendetlong and Associates, lac, 542 Cypi~a Way Fast Naples, FL 34110 941/596.5266 CSC 7 2.3,32 ~XECUTI~E S~Y APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION Ar~vISOR¥ COMMrr .TE~ OBJECt: To appoint 2 members to serve 4-year terms, exph-ing on October 6, 2006, on the Golden Gate Beautification Advisory Committee. cONSIDERATIONS: The Golden Gate Beautification Advisory Committee had 2 terms expire on October 6, 2002. This 5-member cOmmittee assists the Board of County Commissioners in handling the matters pe~_aining to the ta.xin~., district, which was formed for the purpose of beautification, ~ maintenallce oflalld~ improvemellts within the road right of way as described by ordinance bo~_Lndaries. Terms are 4 years. A list of the ~ membership is included in the backup. The terms for Bonner (3. Bacon and Sabina Musci expired on October 6, 2002 and I resignation f~om Glenn E. Wilt on July 1, 2002. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT _CATEGORY, DIST ELECTOR ADV. COMM; ] B-rbara Sesura ] Precinct 625 3 Yes INone Noicaa Lees-Davis Precinct 625 3 Yes / None COMMITTEE RECOMMENDATION: The membership is down to 2 members; therefore, there is no recommendation. FISCAL IMPACT: NONE GROWTH MAnAGEMeNT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appoinUnent, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County CommL~sioners Agenda Date: DECEMBER 17, 2002 Co'er County Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Maintenance ~-- Date: December 4, 2002 Subject: Golden Gate Beutification MSTU Committee Member Applicants Currently the Golden Gate Beautification MSTU committee has only two members, which is leaves the committee one member short to have a quorum I have reviewed the applications and resumes of the two applicants, and have determined from the information provided that they are q.alified to be appointed members of this committee. Therefore it is recommended that: Barbara Segura 2343 41rst Terrace S.W. Naples, FL 34116 Precinct 625 Norma Lees-Davis 1725 45a Terrace S.W. Naples, Fl 34116 Precinct 625 be appointed to two of the vacant seats onthe Golden Gate Beautification ~ISTU Committee. AGEI~)A ~ Transportation Services Division Road Maintenance Department Pg- :~ Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Phillip E. Mudrak 12/12/00 10/06/03 3 Years 4396 20th Avenue, S.W. 352-4472 Naples, FL 34116 District: 3 Category: Precinct 625 Mr. Bonner G. Bacon 11/07/95 10/06/98 3 Years 2570 47th Terrace, S.W. 455-4373. 02/09/99 10/06/02 4 Years Naples, FL 34116 District: 3 Category: Precinct 623/626 Ms. Sabina Musci 10/04/94 10/06/98 4 Years 4470 32nd Avenue, S.W. 02/09/99 10/06/02 4 Years Naples, FL 34116 District: 3 Category: Precinct 627 Mr. Glenn E. Wilt ~-~b~l~ '~ 09/11/01 10/06/05 4 Years 5019 31st Avenue, S.E. '/~ 353-6843 Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Cheryle L. Newman 11/07/95 10/06/97 2 Years 5101 31st Avenue, S.W. 353-7969 11/13/01 10/06/05 4 Years Naples, FL 34116 District: 3 Category: Precinct 626 Thursday, November 15, 2001 Page I of 2 biO. ~ i72002 -- Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the mad right of way as described by ordinance Ix=umtaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 623, 624, 625, 626, 627, and part of 622 FL STAT 125.01 Staff.- ~ Senior Secretary, Transportation: 774-8494 MEMDRANDUM DATE: November 22, 2002 TO: El~iom Office ,~;; COLLIER C0. FL N~ FEOM: Suc F~ Ex~utivc Bo~d of Co~ Co~sionc~ Voter ~~tion - Ad~ Bo~d ~c Bo~d ofCo~ Co~ioncrs ~ ~on co~idcr ~c foUo~ ~dnnl~ for appo~tmcnt to one of thc co~'s ~~ co~ccs. rcg~cr~ voters ~ Eo~cr Co~. ~, pE~c ~t thc co~sion d~tfict ~ w~ch c~h aDDUcer resides. ~ BEAUTIFICATION ~V B~b~a Scg~a 2343 4l~ To,acc, S.W. Naples, FL 341 ]6 No~ gccs-Da~ 1725 45~ Tc~c, S.W. NapEs, ~ 341 t6 Thank you for your help. MEMORANDUM DATE: November 22, 2002 TO: Bob Petersen, Landscape Engineer II Transportation Department r~ FROM: Sue Filson, Executive Manage Board of County Commissioners-' RE: Golden Gate Beautification Advisory Committee As ~ou know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Barbara Segura 2343 41~ Terrace, S.W. Naples, FL 34116 Norma Lees-Davis 1725 45t~ Terrace, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of 2 filson_s From: Segura515¢~cs.com Sent: Fdday, November 22, 2002 9:59 AM To: sueffison~colliergov, net. Subject: Barbara Segura application Board of County Commissioners 3301 East Tarniami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees~oards Name: Barbara Segura Home Phone: 239-348-8863 Home ~ddress:_2343 41st Terrace SW Naples_ Zip Code:_34116 Fax No 348-9065 Business Phone:__821-3601_ e-mail address: Segura515~cs.com Business: Paco's Landscaping & Lawn Maintenance, Inc. Board or Committee Applied for: Golden Gate Beautification MSTU Advisory Committee Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes__X__No Do you currently hold public office? Yes No __X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: None currently Education: Bachelor of Science Portland State University Licensed Real Estate Agent Licensed Landscape Contractor Experience 1999 to present Landscape Contractor, Vice President, Secretary and Treasurer, Paco's Landscaping & Lawn Maintenance, Inc. 1988 - 1999 Real Estate Agent 1980 - 1988 Social Worker ~ As a homeowner in Golden Gate City I am extremely comrnilted to our community. I believe my experience both as a landscaper and a real estate agent offers both experience and knowledge with regard to median beautification. I also believe that my knowledge of the landscaping industy would afford clear undemtanding of accurate costs. I am concerned that our money be spent wisely. In addition we are not a company that bids on any type of government work so there would be no conflict of interest. I would welcome an opportunity to be of service or to discuss my interest and qualifications further. AGENDA_ITEM Regards · - 17 ! 1/~/200~ Page 2 of 2 Barbara Segura Please attach any additional information you feel pertinent. This applicaUon should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiarni Trail, Naples, FL 34112. If you wish, please fax your applicaUon to (941)774-3602 or e-mail to suefilson{~colliergov.net. Thank you for volunteering to senre the ciUzens of Collier County. i1'/18/2002 2i:35 194145595i8 GOLDEN GATE FLDWER PAGE BI 11/1~/~001110:03 FAX 9417713602 BCC ~001 GOLDEN GATE FLOWER & GJ]~'Ii~(~ Ceuntv Commbsioner~ 4736~N ,GOLDEN GATE P'ARJONAY 1-g41-455.564.4,~1~0~0-722-171 2 [&Taplel, FT., ~4112 · ~..,. (941) 7~4-aa97 .. i.. i Application for Advisory Committees/Boards ~ you · regi~l~ed voter I~ : "'~~~f:_ ~ ~-- . ~ ...... EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SlX-LANE SECTION OF GOLDEN GATE PARKWAY BETWEEN LIVINGSTON ROAD AND SANTA BARBARA BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 74, PROJECT NO. 60027). ESTIMATED FISCAL IMPACT: $4, t79,000. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Golden Gate Parkway project was given by the Board of County Commissioners on April 23, 2002, under Resolution No. 2002-203. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later in the third quarter of 2003, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. "-' The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached memorandum dated December 3, 2002). The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. ~ISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on ~,.~J ' each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $4,179,000. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and ,---. expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092~ _ F.S. All such payments will come from the Transportation Supported Gas Tax ful ~_ar~3~itl_~M Impact Fee District 2, 3, and 4 funds. Source of funds are gas tax and road impacffl4t~.. ~ rlrl~ _ri. _ DEC., 1 ? 2002 GROW'tH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Golden Gate Parkway project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Kevin Hendricks, Right-of-Way Acquisition Manager Transportation Right of Way Office REVIEWED BY: ~ ~"7..~ '~ ;! ~-~ ,-~ DATE: Ewing (Skip') McMichael, Project Manager Transportation Engineering & Construction Management REVIEWED BY: .. , ...-- ,...,,_ DATE: Dale A. Bathon, P.E., Principal Project Manager Tr~ort~n~ng & Construction Management REVIEWED BY: · DATE: Gregg PA' Strakaluse, P.E., Director Tran.,.e~ation ~E~ineering & Construction Management APPROVED BY: ~ DATE: /~/~,--- Nor'm~ E. Fed_er., .A.ICP, Administrator Tran~ortation Division 2002 MEMORANDUM DATE: December 3, 2002 TO: James Mudd, County Manager FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Golden Gate Parkway from Livingston Road/CR 881 to Santa Barbara Boulevard Collier CounW Project Number 60027 Part A&B On December 17, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Golden Gate Parkway from Livingston Road/CR 881 to Santa Barbara Boulevard. This project excludes a bridge over 1-75 and the area from 66th Street SW to 60th Street SW. Improvements between 66th Street SW and 60th Street SW are being done as part of the 1-75 Interchange work by the Florida Department of Transportation under FPI 200732-1-52-01 SPN 03175-3430. The project is divided into three parts: Part "A" includes that portion from Livingston Road to 66th Street SW while Part "B" includes the portion from 60th Street SW to the end of the project west of Santa Barbara Boulevard. Parts "A" and "B" will be combined into one construction project. Part "C" starts from west of Airport-Pulling Road to west of Livingston Road and includes the grade- separated overpass at Airport-Pulling Road, which is not a part of this condemnation resolution. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the docum, :ntation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: DEC 1 7 2002 Page 1 of 4 1. Alternate routes The need for additional east-west arterial capacity within Collier County for travel demands west of Collier Boulevard has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road/CR 896 is currently a six-lane roadway between US 41 and Logan Boulevard. Both Immokalee Road from US 41 to 1-75 and Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard/CR 951 are currently under design for expansion to six-lanes. Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four- lane roadways. The Golden Gate Parkway corridor is one of only six east-west corridors in Collier County. The construction of the new 1-75 interchange at Golden Gate Parkway, to be completed in 2007, will place additional capacity demands on Golden Gate Parkway. To meet current and future capacity needs, the only viable alternative is to widen Golden Gate Parkway to six lanes. 2. Safety factors The design of the Golden Gate Parkway improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the FDOT Plans Preparation Manual, and related design manuals; American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; Manual on Uniform Traffic Control Devices (MUTCD); and Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92- 442 as amended in Resolution 2001-247, dated June 26, 2001), and the Public Rights of Way Construction Standards Handbook (as applicable) to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social i'mpacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for six- laning Golden Gate Parkway has been identified. The six-laning is consistent with current and near future travel demand needs and the availability of financial resources. AGENDA~I[EM No. !E>rr ._ Page 2 of 4 DEC 1 7 2002 3. Environmental factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Golden Gate Parkway from Livingston Road to Santa Barbara Boulevard will not affect any wetlands nor are there any endangered or threatened species identified along the corridor. As a result of the unavailability of undeveloped property along the project corridor and the anticipated high cost of acquiring developed property for water quality treatment ponds, this project will use the improved side street swales south of the Golden Gate Parkway for treatment. The Golden Gate Main Canal will provide the ultimate outfall via the side street swales. The South Florida Water Management District has issued the Environmental Resource Permit and the Right of Way Occupancy Permit for this project. 4. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project involves a typical section that employs a centered widening scheme. The corridor is bounded on the north and south sides by Golden Gate Estates lots. The recommended typical section requires additional right of way from both sides along the corridor. The existing right of way width is 100- feet and the six-lane improvements require additional right of way widths that vary from 28-feet to 50-feet from each side of the existing roadway. The maximum widths are typically in areas where an additional lane is needed for turn lanes. Although right of way acquisition along only one side would minimize the number of properties involved, it would significantly impact those properties where right of way is required. Centered widening also allows for the efficient use of the existing pavement during construction and in the ultimate cross section. As a result, construction and the maintaining of traffic flow during construction costs impacts are minimized. This project will match the proposed typical section used by tht Florida Department of Transportation for the 1-75/Golden Gate Parkway Interchange Project for that portion of the Golden Gate Parkway between 66th Street SW and 60th Street SW. DEC 11 2002 Page 3 of 4 Construction on this project is planned to commence during fiscal year 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs and problems of the community. Thank you for your time and review of this vital information. NEF:GS/DB/EM:cs C: Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District//3 Commissioner Frank Halas, District//2 Commissioner Fred Coyle, District//4 Commissioner Donna Fiala, District # Leo Ochs, Assistant County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gregg R. Strakaluse, Director, TEC&M Department Don Scott AICP, Director, Transportation Planning Departmant Dale A. Bathon P.E., Principal Project Manager, TEC&M Department Ewing "Skip" McMichael, Project Manager, TE&CM Department DEC 17 2002 Page 4 of 4 RESOLUTION NO. 2002 - A RESOLUTION AUTHORIZING C. ONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PE_-~ETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF GOLDEN GATE PARKWAY BETWEEN LIVINGSTON ROAD AND SANTA BARBARA BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 74 / PROJECT NO. 60027). WHEREAS, the six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Project No. 60027) is one of the capital improvement projects required under the Transportation Element of the County's Compre~ensive Plan; and WHEREAS, the location for constructioa of the proposed improvements has been fixed by survey and is collectively represented by the legal descdp:ions comprising Exhibit "A" attached hereto and incorporated herein; and %~IEREAS, a/~er consideration of the a~ai]ability of alternate routes and locations, the comparative costs of project alternatives, variou~ Lmpacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU"NTY, FLOKIDA, that it ha~ been determined by the Board that the construction of the six-lane section of Golden Gate Parkway be:ween Livingston Road and Santa Barbara Boulevard ~hereinafter rel~rred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Co[ier Count'. AND II IS FL:RIHER RESOLVED that construction of the Project is part of the County's long range planning eftbrg and is included in the Ir~_msportation Element of the County's Comprehensive Plan for Grov, lh Management, as approved by the Florida Department of Community Affairs. .AND iT IS FURTHER RESOLVED that the County Sta.ffhas reviewed alternative locations for the project, and the costs associated with the desig]h property rights acquisition, and construction of the project, as well as public safety and welfare COlSiderations associated with the design and construction of the project, and various impacts to the enviroatnent, and the Board finds that aRer consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprisim3 Exhibit "A" attached hereto and incorporated herein. AuND IT IS FURTHER RESOLVED tl~t in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests ancot those perpetual or ~empora~3' easement interests. AND IT IS FURTHER RESOLVED ~ all property shall be put to public purposes. AG A EM DEC 17 2002 AND IT IS FURTI-tER RESOLVED that the CounD' staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accor ~dance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED tMt no mobile homes are located on the property sought to he acquired and therefore it will not be necessary to remove any mobile homes fi.om the property to he acquired. This Resolution, adopted on this da;,' of ,2002, after motion, second and majority vote. ATTESI: BOARD OF COUNTY COMMISSIONERS D~qGHT E. BROCK, CLERK OF COLLIER COUNTY, FEORIDA By: JAMES N. COLLETTA. CHAIRM.~N .approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney DE[; 1 ? 2002 EXHIBIT "A" (BLANK PAGE) TO BE REPLACED BY COMPOSITE EXHIBIT "A' (LEGAL DESCRIPTIONS - EACH IDENTIFYING THE INTEREST TO BE ACQUIRED) DEC 1 1 2002 RESOLUTION NO. 2002 - A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPEI'UAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF GOLDEN GATE PARKWAY BETWEEN LIVINGSTON ROAD AND SANTA BARBARA BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 74 / PROJECT NO. 60027). WHEREAS, the six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Project No. 60027) is one oSthe capital improvement projects required under the Transportation Element of the County's Compreaensive Plan; and %~IEREAS, the location for construction of the proposed improvements has been fLxed by survey and is collectively represemed by the legal descrip:ions comprising Exhibit "A" attached hereto and incorporated herein; and V`~IEKEAS, after consideration of the a,,a/lability ofahemate routes and locations, the comparative costs of project alternatives, variou3 Lmpacts upon the environment, long range planning options, and public safety considerations, the Bt,an] desires to exercise its right to condemn property for public purposes. NOV,', THEREFORE, BE IT RESOLVE D BY THE BOARD OF COU~NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it ha~ been determined by the Board that the construction of the six-lane section of Golden Gate Park's'ay between Livingston Road and Santa Barbara Boulevard (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED th~ construction of the Project is part of the County's long range planning cflbrt, and is included in the Tra_~sportation Element of the County's Comprehensive Plan lbr Growth Management, as approved by the Fbmda Department of Community Affairs. AND IT IS FURTHER RESOLVED tha~ the County Staffhas reviewed alternative locations for the project, and the co~s associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environmer t, and the Board finds that after consideration of these issues, the most feasible location for constructkm of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and]or those perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that MI property shall be put to public purposes. DEC 1 1 2002 41 S2 ~ AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 43 acquire by girl, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, 44 Florida Statutes, the above-referenced real prope~, interests more particularly described in Exhibit "A", 45 attached hereto and incorporated herein. 46 AND IT IS FURTHER RESOLVED that no mobile homes axe located on the property sought to 47 be acquired and therefore it will not be necessao' to remove any mobile homes bom the property to be 48 acquired. 49 This Resolution, adopted on this _ cay of ,2002, after motion, second 5o and majority vote. 51 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK Of COLLIER COUNTY, FLORIDA 54 55 56 SAMES N. COLLETTA, CHAIRM.~N 57 58 Approved as to ~brm and 59 legal sufficiency: 60 61 62 Heidi F. Ashton 63 Assistant Count3' Attorney DEC 1 ? 2002 .o._ \L .. EX]-I] BIT "A" (BLANK PAGE) TO BE REPLACED BY COMPOSITE EXHIBIT "A" (LEGAL DESCRIPTIONS - EACH IDENTIFYING THE INTEREST TO BE ACQUIRED) DEC 1 1 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION OF A FOUR-LANE SECTION OF IMMOKALEE ROAD BETWEEN WILSON BOULEVARD AND CR 951 I COLLIER BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 71, PROJECT NO. 600t8). ESTIMATED FISCAL IMPACT: $5,434,100. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Immokalee Road project was given by the Board of County Commissioners on November 27, 2001, under Resolution No. 2001-450. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later in the second quarter of 2003, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. In fact, on June 25, 2002, the Board previously adopted Resolution No. 2002-312, authorizing the condemnation of right-of-way required for the construction of the four-lane improvements to Immokalee Road. Since that time, additional analysis of stormwater retention and treatment pond sites has been conducted (see attachment), and legal descriptions of the right-of-way and ponds sites to be acquired have been revised, all in an effort to maximize the utility of abutting properties once the proposed improvements have been constructed, and thereby minimize claims for severance and business damages. As a result of all of these changes and revisions, estimated right-of-way acquisition costs have been reduced by approximately $300,000 and staff is therefore recommending that the Board adopt a new condemnation resolution, superseding and replacing the previous resolution (No. 2002-312). The Board's resolution to condemn property must be factually specific with respect both to the interest in real property required to construct the project, and to the legal description of the property required. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, end of the public health, safety and welfare considerations, and of the long-range planning impl.cations posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached memorandum dated February 19, 2002). The location of stormwater treatment ponds has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above-described engineering anal sis, reviewed and each pond was carefully configured on each affected property o ~ t~o~...~ze damages and negative impacts to the remaining real estate. DE~, Pg. ( _ The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the four-lane section of Immokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easements as may be required, is estimated at $5,434,100. This amount includes the cost of all real property dghts required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee Distdct 1 and Impact Fee Distdct 6 funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element (CIE No. 71), the Immokalee Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Condemnation Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize budget amendments that may be necessary to acquire property in accordance with the plans for road improvements as deemed necessary by the Board in the public's interest as evidenced by the adoption of th~c~attached Resolution, its attachments, and the approval of this Executive Su~~ SUBMITTED BY: ~-~/~/~"~~ DATE: ~in H~[~'h"~, Right-of-W~uisition Manager - Transpo~ation Engineering & Construction Management Department REVIEWED BY:~'~,~.. ~/'~'~"~ DATE: / .,~'ynn/R. Th(~rpe, P.E., Principal Project Manage' '~' Transportation~ tio~/~?~n~ e?ngn inee 'rig & Construction Management Department Gre Stl kaluse Pgg ~,~a , .E., Director Transpgt~ation ..E,n~ineedng & Construction Management Department Norma~ E. Fed'er, AICP, Administrator "~'-4~'~"~---'~' Trans}bortation Division 1 7 2002 MEMORANDUM To: Jim Mudd, County Manager From: Norman E. Feder, Administrator, Transportation Division Date: December 2, 2002 Re: Information in Support of Condemnation Resolution for Immokalee Road from Wilson Boulevard to Collier Boulevard (CR-951) On December 17, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Immokalee Road fi.om Wilson Boulevard to Collier Boulevard (CR-951). This memorandum contains updated information that the Board of County Commissioners must consider in adopting this Resolution. As you know, this public roadway has been identified on the County's Long Range Plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. In March of 2000, a project to improve and expand this roadway was identified on the Transportation Division's 5-Year Work Program. This memorandum shall serve to supplement and recap the documentation previously provided to the Board. The County Attorney's Office has indicated that the following subjects must be consider when adopting the condemnation resolution: 1. Alternate routes Need for additional east-west arterial capacity within Collier County for travel demands east of Collier Boulevard has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than existing roadway alignments and the potential of the extension of Vanderbilt Beach Road east to Wilson Boulevard. Golden Gate Boulevard fi.om Collier Boulevard to Wilson Boulevard is currently under expansion to four-lanes. Due to land development and si inific411~lSl/,tprEIxlr- ~o._11,~ ._. DEC 1 7 2002 Page 1 of 7 conflicts, it is unlikely that this road will be expanded beyond four-lanes. Extension of Vanderbilt Beach Road fi.om Collier Boulevard to Wilson Boulevard is in the conceptual stage of development being only recently added to the Collier County Year 2025 Long Range Transportation Plan. Immokalee Road is also the only direct arterial connection between the Immokalee area and urban Collier County. To meet immediate capacity needs, the only viable alternative is to widen Immokalee Road. 2. Safety factors The design of the Immokalee Road improvements has been conducted to meet the standards as defined by the Florida Department of Transportation, AASHTO, and MUTCD to ensure the safe movement of people and goods within the project limits. 3. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for four- laning Immokalee Road has been identified. The four-laning within an ultimate six- lane right-of-way is consistent with current and near future travel demand needs and the availability of financial resources. 4. Environmental factors Long range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. The sites were first identified and a site visit was made by the Consultants and County's environmentalist to determine if there were any affects on the environment. It was also decided early on to avoid any encroachment into the existing Cocohatchee Canal. 5. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the f'mancially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. Costs were considered in two locations that basically set the entire alignment fi.om Wilson Boulevard to 43~a Avenue. Beg~ ~mga~g~t~ff¢~-.,, DEC 17 2002 Page 2 of ? Boulevard, the location of the Cocohatchee Canal on the north, due to our most recent experience, forced the road expansion to the south. In addition, it was determined early that the Waterways, located from Oil Well Road, to 4500 feet north, landscaped buffer area was on land owned by the Homeowners Association and would be a costly right-of-way. Therefore, it was decided to minimize the takings in the Waterways and make up for necessary loss in right-of-way on the westerly side. The alignment fi:om Wilson Boulevard to Oil Well Road was set on the above restraints and the geometrics in between. 6. Other Evaluated Factors Pond Selection The following criteria was used to evaluate and determine potential pond locations. I. Pond Selection Criteria Outline A) Hydraulics · Basin divides · Sizing of pipe runs · Historic conveyance · Flooding potential B) Environmental Wetlands · Habitat · Agency requirements C) Constructability · Pond depths (SHW) · Costs · Joint-use agreements with private developers adjacent to project D) Property Acquisition · Land Costs and Severance Damages Future widening & growth · Collier County Land Development Code H. Pond Selection Process This process was used to evaluate and determine potential pond locations. · Evaluate basin divides and set limits based on existing topography and existing drainage divides .... DEC 1 7 2002 Page 3 of 7 ~' · Determine On Site and Off Site run-off water contribution within divides (Contributory Volumes) · Calculate size of pond required based on volume and storage/discharge requirements (hydraulics) · Based on seasonal high water elevation and existing topography, determine overall pond size including berms, set backs, etc. · Review available parcels and choose potential locations · Evaluate wetland/environmental impacts · Design pipe runs based on HGL - determine minimal pipe sizes · Review pond constructability with regard to geotechnical information (borings taken) · Design ponds with input fi.om County R/W personnel to minimize parcel impacts · Review pond and drainage structure location/elevations with SFWMD · Modify pond areas based on County and SFWMD input · Re-check calculations to assure hydraulic parameters are adequate · Finalize pond locations as best, cost effective, and most practical option Immokalee Road Pond Sites Chosen: Pond 1 Drainage basin 1 is approximately 12.63 Acres and ranges fi.om Sta. 210+50 to Sra. 252+80 along Immokalee Road. Within this location the potential existed to utilize a proposed pond system that was being established for the Outdoor Resorts Motorcoach Resort of Naples to treat and attenuate the ultimate six-lane widening of the Immokalee Road Project. This option eliminated the need to acquire 3.3 acres of pond area within the project limits. An agreement was reached and the pond site was established within the Motorcoach Resorts stormwater management system. This agreement has been approved and permitted by the South Florida Water Management District (SFWMD). Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 5.3 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 1. Pond 2 Drainage basin 2 is approximately 12.64 Acres and ranges fi.om Sta. 252+80 to Sta. 281+30 along Immokalee Road. The required pond surface area is 3.45 acres. An attempt was made early in the design process to reach a joint use agreement with the developers of Calusa Pines, immediately east of Woodcrest Drive. That concept was rejected by Collier County as it would require discharging from the recently constructed pond on the Calusa Pines property directly to the Cocohatchee Canal; and the SFWMD will not allow any discharge to the Coo :natctge~~[TEM / that is not exclusively from Immokalee Road. DE& 1 7 2002 Page 4 of 7 The second alternative considered involved the construction of a pond on the Wagner property just west of Woodcrest Drive. This pond would have been a parallel facility which eliminated direct access fi.om the Wagner property to Immokalee Road, resulting in $158,000 in severance damages over and above the base land cost for the pond property of $58,000 per acre. Construction estimate for this alternative is $56,000. A third alternative explored for Pond 2 involved acquiring title to a portion of the Calma Pines pond (at $72,000 per acre), constructing a berm within the existing pond to separate Pond 2 fi'om the rest of the Calusa Pines pond, in order to prevent the combining of the Calusa Pines mn-off with the Immokalee Road discharge, so that after treatment the Immokalee Road mn-off could be discharged into the Cocohatchee Canal. This alternative would have required importing fill material in order to bring the "floor" of the Pond 2 basin to the required elevation of one (1) foot above the mean high water table and to construct a berm at a total estimated cost of $300,000. A fourth alternative involved using both the Calusa Pines property and the Wagner property. This alternate required the acquisition of a linear pre-treatment pond along the east side of the Wagner property, with discharge of the treated stormwater into the Calusa Pines pond. The estimated construction cost for this alternative is $170,000. The owners of Calusa Pines, however, claimed that they would be damaged by seasonal flooding unless Collier County could improve the outfall fi.om Calusa Pines south along Massey Road, a private roadway. The record titleholders of the fee estate underlying Massey Road, however, objected to any entry upon their lands by Collier County for any purposes. After reviewing all of the alternatives, and the costs associated with each, the pond site alternative that satisfies all of the required criteria (hydraulic / engineering, permitting and environmental) at the least cost, is the construction of a 200 foot wide stormwater retention and treatment pond along the western boundary of the Wagner property to allow for the parcel to have maximum roadway frontage, thereby precluding any severance damage claims as a result of impaired access for the remainder property. Because the original pond configuration is lateral with respect to Immokalee Road and SFWMD permits were recently obtained, the least cost alternative will require permit modifications. Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 5.28 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 2. Pond 3 Drainage basin 3 is approximately 24.71 Acres and ranges from Sta. 281+30 to Sta. 343+10 along Immokalee Road. The required pond surface area is 5.01 acres. Due to hydraulic constraints, this location is the only feasible selection, because to shill the location results in pipe sizes that exceed 60 inches, as this is the size of the pipes that converge on the site as presently designed. Use of pipes larger than this size severely increase costs and create constructability issues due to the presence of rock in the lower stratum revealed by the geotechnical investigation. This pond was originally designed to be primarily a parallel facility adjacent to Immokalee Road but was altered to a perpendicular configuration just east of Richards Road at the request of Collier County land acquisition personnel. This configuration eliminates over $140,000preserving in severance damages tOaccessthe remaining property held by the Haaga cpefft~ while the remainder's to Richards Road (and the full medim -o~q° DEC 1 7 2002 Page 5 of 7 Immokalee Road / Richards Road intersection). Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 7.52 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 3. Pond 4 Drainage basin 4 is approximately 15.42 Acres and ranges from Sta. 343+10 to Sra. 380+90 along Immokalee Road. The required pond surface area is 3.40 acres. Within this location the potential existed to utilize a proposed pond system that was being established for the Bonita Bay Group Development to treat and attenuate the ultimate six-lane widening of the Immokalee Road Project. An agreement was reached and the pond site was established. This site was selected primarily to minimize wetland impacts. Approximately half of this pond is located in upland areas, whereas a site to the east or west would have considerably greater environmental impacts (up to 90 percent of the required land is within the USACOE/SFWMD jurisdictional wetland boundary limits). Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 4.766 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 4. Pond 5 Drainage basin 5 is approximately 13.72 Acres and ranges from Sta. 380+90 to Sta. 413+60 along Immokalee Road. The required pond surface area is 3.36 acres. This site was selected primarily to minimize wetland impacts. The entire footprint of this pond is located in upland areas, whereas a site to the west would have considerably greater environmental impacts (up to 80 percent of the required land is within the USACOE/SFWMD jurisdictional wetland boundary limits). The eastern boundary of this pond is bordered by the Curry Canal making it unpractical to cross the canal with the stormwater trunk line. In addition, residential development exists within this section, which limited locations. Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 4.58 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 5. Pond 6 Drainage basin 6 is approximately 7.50 Acres and ranges from Sta. 413+60 to Sta. 430+90 along Immokalee Road. The required pond surface area is 2.09 acres. This site was selected primarily to minimize wetland impacts. Approximately 80% of this pond is located in upland areas, whereas a site to the east would have considerably greater environmental impacts (up to 90 percent of the required land is within the USACOE/SFWMD jurisdictional wetland boundary limits). The western boundary of this pond is bordered by the Curry Canal making it unpractical to cross the canal with the stormwater trunk line. Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 3.70 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 6. Pond 7 DEC 1 7 2002 Page 6 of 7 Pcj. Drainage basin 7 is approximately 17.77 Acres and ranges from Sta. 430~90 to Sta. 474+10 along Immokalee Road. The required pond surface area is 4.19 acres. This site was selected primarily to minimize wetland impacts. This site is located almost entirely outside of the USACOE/SFWMD jurisdictional wetland boundary limits. The site to the west would have approximately 70% of the pond within the jurisdictional boundary limits. The eastern site is bordered by Wilson Boulevard and has insufficient frontage to adequately fit a pond of this size within the parcel owned by Walnut Farms, Inc. Upon review of the soils, the water table, and the other sub-surface characteristics of this drainage basin, it was determined that 6.45 acres of land would be required to construct a stormwater retention and treatment pond that would meet permitting criteria for Pond No. 7. Conclusions Staff anticipates that construction will commence during fiscal year 2003. This project is part of an aggressive acquisition schedule to address the traffic needs and transportation problems of the community. NEF:DRW:bc c. Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner Frank Halas, District #2 Commissioner Fred Coyle, District t/4 Commissioner Donna Fiala, District #1 David Weigel, County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashtom Assistant County Attorney Gregg Strakaluse, Director, TECM Page 7 of 7 P9 C~ l 3 RESOLUTION NO. 2002 - ~ 4 5 6 A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE TITLE 7 INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT 8 INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE FOUR-LANING 9 ROADWAY IMPROVEMENTS TO IMMOKALEE ROAD (CR-846) BETWEEN to WILSON BOULEVARD AND CR 951 / COLLIER BOULEVARD (PHASE 2 OF 11 CAPITAL IMPROVEMENT ELEMENT NO. 71 / PROJECT NO. 60018). 12 13 WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance 14 No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement 15 Element of the Growth Management Plan in order to establish priorities for the design, acquisition and 16 construction of the various capital improvement projects; and t7 WHEREAS, the Transportalion Element of the County's Comprehensive Plan was adopted in 18 Ordinance No. 2000-32; and 19 WHEREAS, the four-laning improvements to lmmokalee Road (CR-846) between CR 951 20 (Collier Boulevard) and 43ra Avenue NE (Project No. 60018) is one of the capital improvement projects 21 required under the Transportation Element of the County's Comprehensive Plan; and 22 WHEREAS, Project No. 60018 has been split into two (2) phases, with Phase 2 encompassing 23 roadway expansion between Wilson Boulevard and CR 951 / Collier Boulevard; and 24 WHEREAS, the location for construction of the proposed Phase 2 improvements has been fixed 25 by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto 26 and incorporated herein; and 27 WHEREAS, after consideration of the availability of alternate routes and locations, the 28 comparative costs of project alternatives, various impacts upon the environment, long range planning 29 options, and public safety considerations, the Board desires to exercise its right to condemn property for 30 public purposes. 3t NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 32 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 33 the Phase 2 four-laning roadway improvements to lmmokalee Road between Wilson Boulevard and CR 34 951 / Collier Boulevard (hereinafter referred to as "the Project") is necessary and in the public's best 35 interest in order to protect the health, safety and welfare of the citizens of Collier County. 36 AND rr IS FURTHER RESOLVED that construction of the Project is part of the County's long 37 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 38 for Growth Management, as approved by the Florida Department of Community Affairs. 39 40 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 41 the project, and the costs associated with the design, property rights acquisition, and constructi, o~t~ ~. g"~iT F-'kq 42 project, as well as public safety and welfare considerations associated with the design and con~ ,ction~[~C 1 ? 2002 43 the project, and various impacts to the environment, and th~ Board finds that after consideratio ofI:'c3.these~{ ~ I issues, the most feasible location for construction of the proposed improvements is collectively 2 represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 3 AND IT IS FURTHER RESOLVED that the location of stormwater treatment ponds has been 4 determined based on hydraulic and operational characteristics, maintenance considerations and 5 minimization of wetland impacts. Each and every pond site within the project limits, as determined 6 according to the above-described engineering analysis, was further reviewed and each pond was carefully 7 configured on each affected property so as to minimize damages and negative impacts to the remaining 8 real estate. 9 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 10 necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee 11 simple title interests and/or those perpetual or temporary easement interests. 12 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. t3 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 14 acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, 15 Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", 16 attached hereto and incorporated herein. 17 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to 18 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be 19 acquired. 20 AND IT IS FURTHER RESOLVED that this Resolution supersedes and replaces Resolution No. 21 2002-312, previously adopted on June 25, 2002. 22 This Resolution, adopted on this ~ day of ,2002, after motion, second 23 and majority vote. 24 25 ATT'EST: BOARD OF COUNTY COMMISSIONERS 26 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 27 28 29 30 By: 31 JAMES N. COLLETTA, Chairman 32 33 34 Approved as to form and 38 Heidi F. Ashton NO.__ILI~ 39 Assistant County Attorney DEC 1 7 20112 Page 2 F~g· FEE SIMPLE INTEREST WEST LINE OF SECTION 26 INTEREST Description: A portion of the Northwest one-quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East. alan9 the 1/4 line of Said Section 28, for o distance of 100.08 feet, to o point on the Southerly Ri~jht-of-Woy line of State Road 1¢846 (Immokolee Road); thence Narth 89'.58'08" West, along the Said Right-of-Way line, for o distonce of 552.29 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'24" East, for o distance of 44.19 feet; thence North 88'55'45 West, for o distence of 812.26 feet; thence Sauth 00'01'44" West, for o distance of 15.00 feet; thence North 89'58'06" West, for o distance of 89.97 feet; thence Narth 00'01'54" East, for o distonce of 5.94 feet; thence North 89'58'06" West, for o distance of 501.91 feet; thence North 00'01'44" East, for o distance of 15.00 feet; thence South 89'58'06" East, for a distance of 138.58 feet; thence North 84'50'23" East, for o d~stonce of 276,24 feet; thence South 89'58'06" East, for o distance of 788.58 feet, to the POINT OF BEGINNING; Conteining .890 acres, more or less. Notes: 1. This is not o survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictians of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Descriptian and bearing the original signature and embossed seal of o Florida registered Surveyor and Mopper. DEC 1 7 2002 ~.: 600 ~ 8 J "~ ~' : ~ 01 cvs.*: COLLIER COUN~ DEPARTMENT SKETCH AND DESCRIPTION ~'~~'~'~'~~ I0-o2 04014-~I-~ rOI or XXX ~H- ~O (DURATION: ~ YEARS FROM COMMENCEMENT OF CONSTRUe) Description: A portion of the Northwest one-quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for a distance of 100.08 feet, to o point on the Southerly Right-of-Way line of State Rood #846 (Immokolee Road); thence North B9'5B'08" West, along the said Right-of-Way line, for o distance of 532.29 feet; thence South 02'27'24" East, for a distance of 44.19 feet; thence North West, for o distance of 812.26 feet; thence South 00'01'44" West, for o distance of 15.00 feet; to the POINT OF BEGINNING of the herein described parcel; thence South 44'46'24" West, for o distance of 31.07 feet; thence South 00'01'54" West, for o distance of 24.98 feet; thence North 89'58'06" West, for o distance of 50.00 feet; thence North 00'01'54" East, for a distance of 28.94; thence North 44'58'24" West, for a distance of 25.60 feet; thence North 89'58'06" West, for o distance of 89.97; to the POINT OF BEGINNING; Containing .063 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mapper. DEC 17 2002 -., 6oo,~ I"'"'" ,,,o. ~ 701 cu~,T~ COLLIER COUNTY DEPARTMENT ~'~£; SKETCH AND DESCRtPTION EXHIBIT R/w N 1/4 CORNER N NORTH ENE OF SECTI._? 2.~6 IMM O__K A_LEE ROAD .~J S.R. 846L7 P'°'B"~I  INTEREST T~. FERC, USON NOT TO SCALE o.,. 1. This is not o survey. 2. Bosis of beoring is store plone coordinotes, LINE TABLE Florido Eost Zone. LINE LENGTH BEARING 5. Subject to eosements, L1 100.08 S02'16'52"E reservotions ond L2 78.95 S02'16'52"E I ~ restrictions of record. L3 332.54 N89'58'O6"W L4 21.00 NOO'Ol'54"E I L5 200.42 N89'58'O6"W ! L6 57.95 N02'27'19"W L7 532.29 S89'58'06"E Description: A portion of the Northwest one-quorter of Section 26, Township 48 South, Rc]nge 26 Eost, Collier County, Florido, being more pc]rticulorly described os follows: Commence tit the North Quarter Corner of sc]id Section 26; thence South 02'16'52" East, along the 1/4 line of Sc]id Section 26, for e distonce of 100.08 feet, to ~ point on the Southerly Right-of-Woy line of Store Ro(~d #846 (Immokelee Rood) end to the POINT OF BEGINNING of the herein described percel; thence continuing South 02'16'52" Rest, elong soid 1/4 Section Line, for o distonce of 78.95 feet; thence North 89'58'06" West, for e distonce of 552.54 feet; thence North 00'01'54" Rest, for distence of 21.00 feet; thence North 89'58'06" West, for o distence of 200.42 feet; thence North 02'27'19" West, for o distence of 57.95 feet, to ~ point on the seid South Right-of-woy line; thence South 89'58'06" Rest, elong the Sold Right-of-Wey line, for e distence of 532.29 feet, to the POINT OF BEGINNING; Conteining 0.868 ~cres, more or less. NOT VAUD ~T ~E SIGNA~R/ AND ~E ~I~N~ RAISED SEAL ~ A ~O~A M~NSED ~R~YOR ~D M~PER SKETCH AND DESCRIP~ON WILKISON TES ENGINEERS, SU~ORS ~D P~NERS 5506 ~C~GE A~. ~S, ~ 34104 (941) 643-2404 F~ NO. (941) 643-5173 ~ORIDA BUSINESS UCENSE NO. "E~SED 5/16/021 11/01 I' o., I I O,H I' Notes: 1. This is not o survey. ~.\ q..r°/ 2. Basis of bearing is N/A. _~-,,~ .3. Subject to easements, reservations and restrictions of o record. DESCRIPTION: NOT TO SCALE: The Northerly 78.91 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Sect/on 26. Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID a. Hy.~Tr~ ~.~.ld. (FOR THE RRM) granted for highway right-of-way. Containing 1.188 FLA. LIC. NO. 5854 acres mare or less. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON ~1~1~ ASSOC IATIES W W INC. ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FI~..34104 (941) 64,3-2404 FAX NO. (941) 643-5173 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME N,' . AS NOTED 26/48/26 0014.1 EAW I 00-018-00. )WG DEC 1 7 2002 I DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF1 DJH IR-L-lO: j~, RE~ISED 3/1/02 J EXHIBIT A ~100' R/W NORm UNE OF SEC'~ON 26 IMMOKALEE ROAD N -- g]~---~6-- FEE SIMPLE NOT TO SCALE Notes: survey. ~~' 1. This is not a \ 2. Basis of bearing is N/A. ~,, .~_~oO .3. Subject to easements, reservations and restrictions of o~, record. DESCRIPTION: NOT TO SCALE: The North 464.60 feet, less and except the Easterly the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 26 East, ~ . .FOR ~E RRM) Collier County, Florida, excepting therefrom the north FLA. U~. NO. 5~ NOT VAUD ~OUT ~E ~GNA~RE AND 100 feet thereof granted for highwoy right-of-way. ~E ~I~NAL RAISED SEAL ~ A ~ORIDA Containing 6.510 acres more or less. UCENSED ~R~YOR AND MAPPER SKETCH AND DESCRIP~ON ~~ WILKISON ~ ASSOCIATES ~ ~ ~NC. ENGINEERS, SU~ORS AND P~NERS 3506 EXCHANGE A~. ~LES, F~ ~1~ .... (941) 643-240~ F~ NO. (941) 643~173 ,o/o,I ~- F---lOO' R/W NORTH UNE OF SECTION 29 IMMOKAL£E EOAD N S.R. 846 FEE SIMPLE O.R. 519, PG. 572 NOT TO SCALE Notes: / \ 1. This is not a survey. ,,~ %,CO/~ 2. Basis of bearing is N/A. ~_~ .3. Subject to easements, reservations and restrictions of ok record. DESCRIPTION: NOT TO SCALE: The Northerly 78.91 feet of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 27 East, Collier County, Florido, excepting therefrom the north 100 feet thereof bA~4-D J. I:IY~)~I", P'.~.~'.~'OR THE FIRM) granted for highway right-of-way. Containing 1.196 FLA. LIC. N~. 58,34// acres more or less. NOT VADD WlTHOU-T~THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · l~ WlLKISON &: ~ ASSOCIATES ~ ~ INC. I ENGINEERS, sUPeRS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 3~:104 (941) 643-2404 FAX NO. (941) 643-,"173 AGE 4 ITT FLORIDA BUSINESS LICENSE NO. LB5")~0 NO SCALE SEC/SUB W.O. NO. DRAWN BY FILE ~IAME AS NOTED 26/48/27 0014.1 RAW 00-011-O0.D~rt~ 1 7 DATE SHEET FB PG CHECKED BY DWG NO. Jq 10/01 1 OF 1 DJH IR- · J EXHIBIT A, 100' I NORTH LINE OF SECTION 26 IMMOKALEE ROAD ~ -~'46 FEE SIMPLE ~11 1. lhis is not o survey. m~,/ ~ 2. Basis of bearing is N/A. [~ ~ 3, Subject to easements, ~ ~ reservations and restrictions of )~ ~ record. 4. This is o revision of o ~)kison and Associates Sketch and lm~) Description which merged with ~: WilsonMiller effective 7/01/02. I[ SOUTH LINE OF THE ~m z// NE 1/4 OF THE NE 1/4 lhe ~ortherl7 g8.~2 feet of the followin~ described proprert~ The East 1/2, of the Northeast 1/4, of the Northeast NOT TO SCALE: 1/4, of Section 26, Township 48 South. Range 26 East. Collier County, Florida; subject to on easement for rood right-of-way over and across the East 30 feet thereof, ond excepting the north 100 feet thereof~ ~ ~, / previously dedicated for road rlght-of-woy. . . Containing 1.55 acres more o~ less. DASD J.'~Y~,~T. P~ (FOR THE FIRM) FLA. L1C. N~. NOT VALID ~THOUT ~E SIGNA~R[ AND RE'SEDRE,SED 11/13/0211/12/O2 THE OR,GmNAL RA, SED SEAL ~ ~FLORI~EN REUSED 5/12/02 LICENSED SUR~YOR AND MAPP{R REUSED 2/11/02 ~ NO, EXHIBIT A Paw iD mo' I NORTH LINE OF SECTION 26 IMMOKALEE ROAD ~. -~46 FEE 81MPLE N ,, INTEREST illllI NOT TO SCALE ~<(x'x~×) 11 ~ 2. Basis of bearing is N/A. ~<< ( I~ ~ 5. Subject to easements, x<~< ~(( ~ ~ ~ reservations and restrictions of < ~~( ~j ~ record. ~~~~[ [,, 4. This is o revision of o Wiikison and Associates Sketch and tl~ Description which merged with ~1 WilsonMil~er effective 7/01/02. It NE 1/4 OF THE NE 1/4/ , DESCRIPTION: 0~ The West 200.00 feet less ond except the Northerly 88.92 feet of the following described proprert~ The Eost 1/2, of the Northeost 1/4, of the Northeost NO~ TO 1/4, of Section 26, Township 48 South, Ronge 26 Eost, Collier County. Florido; subject [o on eosement for rood right-of-way over and across the East 50 feet thereof, and e~cepting the north 100 feet thereof previously dedicated for road right-of-way. Containing 5.28 acres more or less. 0A~o ~.~H~T, ~. (tar ~C NOT VAUD ~THOUT ~E SI6NA~RE AND THE ORIGINAL RAISED SEAL O~ A'~O~d~"~¢ .- LICENSED SUR~YO~ AND ~A~ER S~H ~D EXHIBIT A, loo' R/W N I NORTH UNE OF SECTION 25 IMMOKALEE ROAD S.R. 846 - ~lIll ~ I~' NOT TO SCALE 1. This is not a survey. %.\\~'~ 2. Basis of bearing is N/A. 'F 3. Subject to easements, ~..~o.~<>u' reservations and restrictions of record, ok DESCRIPTION: NOT TO SCALE: The Northerly 79.04- feet, together with the Southerly 10.00 feet. of the NortherlyS9.04 feet. of the ~osterly ~ 12~ 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, DAVID J; HY,~TT, P.,~.Fa. (FOR THE F1RM) Collier County, Florida, except the north 100 feet FLA. UC. NO. 58~IF~ thereof. Containing 2.506 acres more or less. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPllON iWlLKISON TLS NC:. m ENGINEERS, SURVEYORS AND PLAN~_~~_ 3506 EXCHANGE; AVE. NAPLES, FI.A. (941) 643-2404 FAX No_ FLORIDA BUSINESS lICENSE NO. SCALE SEC/SUB W.O. NO. DRAWN BY I I~ILE NAIVe DATE SHEET FB PG CHECKED BY, ~ ~:3'~ ~.4--~)WG' NO. EXHIBIT_6._ f / ~oo' R/w N NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 INTEREST 20 0 50 100 150 ~ GRAND LAND INITIATIVE - OF NAPLES, LLC  O.R. 2457, PO. 1857 352.48' EXCEPTION----- Notes: 1. This is not a survey. 2. Basis of bearing is N/A. ,.,,,oO 5. Subject to easements, reservations and restrictions of o record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet, and the West DAVID J."'H,Y~qq'. 'P.~4'~I~-(FOR THE FIRM) 552.48 feet Containing 0.558 acres more or less. FLA. LIC. NO. 583¢/ NOT VAUD WITHOLR' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON TES ENGINEERS, SURVEYORS AND PLANNr_r~ .3506 EXCHANGE AVE. NAPLES. FLAJ 34104kGEJ~I;: FLORIDA BUSINESS LICENSE NO. Ll~577b-' ,c,,E SEc/s.. w.o.,o. DR,~ B,, ~LE NA~Ec !!7 2002 DAlE SHEET FB PG CHECKED BY EIWG. K:NO. U EXHIBIT_.~,_ N__OR1]'I UNE OF SECTION 25 tMMOKALEE ROAD_ N S.R. 846 ~---~.~ ~- --~ INTEREST (~ANO L~ND INI~A~VE NAPLES. LLC 246~, pm. 2?02 ~OT TO SCAL[ Notes: This is not ~ 1. o survey.~ \~x. 3. Subject to eosements, reservotions ond restrictions of o~, record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Eosterl, 21.3.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeost 1/4-, of Section 25, Township 48 DAV1D J~-IglY~el', ~.~.~. (FOR THE FIRM) South, Ronge 26 Eost, Co'lier County, Florido, except FI_A. LIC. N~Y. 5854~' the north 100 feet. Conto.ning 1.247 ocres more or NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA less. UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON & ~ ASSOCIATF'S ~ ~ INC. N ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. ~ (941) 645-24-04 FAX NO. (94,1) 64-,3-5173~'1-'~1W ,I't'EM FLORIDA BUSINESS UCENSE NO. t. B5?;~. '.._- SCALE SEC/SUB W.O. NO. I DRAWN BY FILE N,~MF.._ . AS NOTED25/48/26 0014.1I EAWI OOtO18- . N/J 2002 DATE SHEET FEi PG CHECKED BY ~IDWG. NO. .~_ EXHIBIT.. mo' R/w N NORTH UNE OF SECTION 25~ IMMOKALEE ROAD -- FEE 81MPLE S.R. 846 INTEREST 0 50 100 150 176.24'~ / / Notes: / 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record, ok DESCRIPTION: NOT TO SCALE: The Northerly 89.04 feet, of the West 176.24 feet, of the Northeast 1/4, of the Northwest 1/4, of Section ,4:::~ . / 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing DA~ID J.'HY~'Fr, P.,~; (FOR THE FIRM) 0.361 acres more or less. FLA. UC. NO. NOT VAUD WITHOUT THE SIGN~'TUR~-- UCENSED SURVEYOR AND MA SKETCH AND DESCRIPTION ~~i~~WiLKiSON & ~3[C ! ? 2002 3505 EXCHANGE AVE. NAPLES, FLA. (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L65770 SCALE SEC/SUB W.O. NO. DRAWN BY I FILE NAME I I AS NOTED 25/48/26 0014.1 LAW O0-018-O0.DWG I DATE SHEET FB PG CHECKED BY DWG. NO. / 11/01 1 OF 1 DJH IR-L-lO8 EXHIBIT lOO. R/W NORm UNE CnO. 25 IMMOKALEE ROAD FEE SIMPLE ---S.R.--J~ INTEREST 0 5O 1 O0 15O © 352.48'~ ~ 176.24' -+ ~ Notes: 1. This is not a survey. ~ 2. Basis of bearing is N/A. ' 5. Subject to easements, ~o'L'°° reservations and restrictions of record, ok DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.98 feet, of the Northerly 89,04 feet, of the Westerly ~.~/ y~ 61.69 feet, of the West 1/2, of the East 176.24 feet, of the West 552.48 feet, of the Northeast 1/4, of the DAVID J, ./Y~(1-f, P/~.II[ (FOR THE Northwest 1/4, of Section 25, Township 48 South, FLA. LIC. NO. 58d~Cr Range 26 East, Collier County, Florida, except the north NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAl_ OF A FLORIDA 100 feet thereof. Containing 0.174 acres more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION / m NoAfE~ji~A 'TE~ ~,~~ WILKISON 8,~ _ ENGINEERS, SURVEYORS AND PLANNERS 45506 EXCHANGE AVE. NAPLES, FLA. (941) 6445-2404 FAX NO. (941) 643-517.), FLORIDA BUSINESS LICENSE NO. LB5770~ ~g _ ,~,. SCALE SEC/SUB W.O. NO. DRAWN BY FILE NA~-~- i AS NOTED 25/48/26 0014.1 LAW O0-018-O0.DWG J DATE SHEET FB PG CHECKED BY DWG. NO. I 11/01 1 OF 1 DJH IR-L-lO9 EXHIBIT 100' R/~/ N ~ NORTH LINE OF SECTION 25 IMMOKALEE ROAD FEE SIMPLE S.R. 846 -- INTEREST 0 50 1 O0 150 39 u3r',.. IZ n~ _~.~- .352.48' 176.24' Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, ~----~o reservations and restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, of the East 1/2, of the East 176.24-feet, of the West 552.48 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except DAVID d. HYAtt,, P.S~. (FOR THE FIRM) the north 100 feet thereof. Containing 0.160 acres FLA. LIC. NO. ~83¢~/ more or less. NOT VAUD WI1'.-IOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A ~ UCENSED SURVEYOR AND MAPPER ~_~-~ 'TE~. SKETCH AND DESCRIPTION No · l~ WILKISON & ~Blal~ ASSOCIATES~EC 17 2002 ~ ~ INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 PgJ (941) 643-240~- FAX NO. (941) 643-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED25/48/26 0014.1 EAW O0-018-O0.DWG DATE SHEET FB PGi CHECKED BY DWG. NO. 11/01 1 OF 1 ' DJH IR-L-110 EXHIBIT A_ Page 17 ~ 'i'~ ~-100' R/W NOR114 UNE OF SECTI~ON 25 ,, IMMOKALEE R_ OA~ ~F N S.R. 846 D.D.~, P.~. ~T ~G ~ ~_~ST I~/ O.R. 9~, P~ 91Z Notes:--~x',L.- ~ 1. This is not o survey. %\~% 2. Basis of beering is N/A. ~---~ 5. Subject to easements,~-- cJ~ reservations and restrictions of o~, record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 19.98 feet, of the Northerly 99.04 feet, of the Easterly 109.81 feet, of the Westerly .334.60 feet, of the East 1/2, of the Northeast 1/4, of the Northwest 1/4, of DAVID J. 'HYpeD, P:S,~.'(FOR ~[ RRM) Section 25, Township 48 South, Range 26 East, Collier ~. uc. N~ 5834~ County, Florida, except the north 100 feet. Containing NOT VAUD ~OUT ~E SIGNA~RE AND ~E ORI~NAL RN~D SEAL ~ A ~ORIDA 1.249 acres more or less. U~ ~R~YOR AND MAPI SKETCH AND DESCRIP~ON AGEN TcM~ ~~ WILKISON ~No. ~ASSOCIATE DE( 172002 ENGINEERS, SURV~ORS AND P~NN :RS 3506 ~C~GE A~. N~S. F~ 34 04 (941) 643-2404 F~ NO. (941) 643-5 73 FLORIDA BUSINESS LICENSE NO. LB57;'O P~. I , SCALE SEC/SUB I w.o, NO. I DA~ SHEET ~ PGj CHECKEDBYJ OWG. NO. J EXHIBIT- - page_.l~of '~"/ 100' R/W ~ NORIH UNE OF SEC'lION 25 IMMOKALEE ROAD N 233.83~-~-4 *11'tERESA M. FOGG O.R. 2316, PO. 581 NOT TO SCALE Notes: 1. This is not a survey. 3. Subject to eosements, reservations and restrictions of o~, record. DESCRIPTION: NOT TO SCALE: The Northerly 79.01 feet, together with the Southerly 233.83 feet, of the East 1/2, of the Northwest 1/~, of the Northeast 1/4, of Section 25, Township 48 DAV1D J. 'H~FJ'r, P/8"~.'(FO THE F]RM) South, Range 26 East, Collier County, Florida, except FLA. LIC. NO. 5834' the north 100 feet. Containing 1.251 acres more or NOT VAUD ~MTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA less. MCENSED SURVEYOR AND MAPPER .j~l~ WlLKISON & No.A ~.ITE ~l~ml~ ASSOCIATE~. I I INC.' DEC17 2002 ENGINEERS, SURVEYORS AND PLANNER 3506 EXCHANGE AVE. NAPLES, FI.A. 34.10, (941) 643-2404. FAX NO. (941) 643-517.~ -.---?(.--~ FLORIDA BUSINESS LICENSE NO. LB5770 ! P,q.g----'-l, ._ SCALE SEC/SUB j W.O. NO. ORAJel BY J FILE NAI~-- '~ AS NOTED 25/48/26 0014.1 EAW J O0-018-O0.DWG DATE SHEET FB PG CHECKED BY J DWG. NO. 10/01 1 OF 1 DJH J IR-L-112 J f~_ 100' R/W NORTH UNE OF SECTION 25 IMMOKALEE ROAD S.R. 846 ' - - NOT TO SCALE Notes: 1. This is not o survey. /, 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of ok record. DESCRIPTION: NOT TO SCALE: The Northerly 79.01 feet, of the West 1/2, of the ~JJ~/ Northeost 1/4, of the Northeost 1/4, of Section 25, Township 48 South, Ronge 26 Eost, Collier County, Florido, excepting therefrom the north 100 feet thereof DAV1D J.'~-I'(_.A/I'T, P.j~-~roR THE RRM) gronted for highwoy right-of-woy. Contoining 1,197 ~ ~~E~SIGNA~RE AND ocres more or less. ~[ ORIGINAL HAleD SE~ ~ A ~ORIDA UCENSED ~R~Y~ ~D M~PER SKETCH AND DESCRIP~ON ~G~A ITE~ ~~ WlLKISON ~ A~OCIATES ~ - ~ ~ luc. m~}E 1 7 2002 ENGINEERS, SURV~ORS AND P~NNERS 3506 EXCHANGE A~. ~P~S. ~ 34104 SCALE SEC/SUB W.O. NO. ~ DRA~ BY FILE NAME-~ ~ -- t DA~ SHEET FB PG CHECKED BY DWG. NO. lO/O~ ~ o~ ~ D~H ~R-L-113 · ' ' EXHIBIT _A " i ,oo. R/W .E N ~ J . __NORTH UNE OF SECTION 25 ~ ,~ I M M OK AL_F=_E ROAD -- S.R. 846 FEE SIMPLE L8 INTEREST L6 -J L4 L3 CYPRESS WOODS NOT TO SCALE E,T RPR,SES. ,HC. O.R. 2489. PG. 301 I; Notes: ~ 1. This is not a survey. [ 2. Basis of bearing is J state plane coordinates, Florida East Zone. LINE TABLE LINE LENGTH BEARING J 3. Subject to easements, L1 100.06 S02'00'39"E: j ~. reservations and - restrictions of record. L2 82.52 S02'00'39"E j L3 252.13 N88'34'44"E L4 91.44 N89'58'11"W L5 9.85 NOO'O1'49"E L6 316.80 N89'58'11"W L7 79.06 NO2'O2'52"W Description: A portion of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence ~[ the Northeast Corner of SQid Section 25; thence South 02'00'59" East, along the Easterly Line of said Section 25, for ~ distance of 100.06 feet, to o point on the Southerly Right-of-Way of State Ro~d of ~846 end to the POINT OF BEGINNING of the herein described parcel; thence NOT TO SCA~: continuing South 02'00'39" East, elong said Eesterly Line, for o distance of 82.52 feet; of 252.13 feet; thence North 89'58'11" West, for o distance of 91.44 feet; thence North DASD 'J. H~f ~.~(FOR ~E RRM) 00'01'49" Rest, for ~ distance of 9.85 feet; F~. uc. ~. 583~/ thence North 89'58'11" West, for e distance NOT VAUD ~0~ ~E ~A~RE AND of 316.80 feet; thence North 02'02'52" ~E ORIGINAL RAISED ~ ~ A ~IDA West, for o distonce of 79.06 feet, to o UCENSED SUR~YOR ~D MAPPER thence South ag'5s'12' East, along the said ~~ WILKISON ' fi$0.22 feet, to the ~01~1 OF Contoining 1.257 ocres, more or less. ' DI :C 17 2002 DA~ SHEET ~ PG I CHECKED BY D~. NO. J EXHIBIT_ __ N R//W 50 I~E $1MI:~.~ IMMOKAL :E ROAD INTEREST S.R. 846 101 0 ,50 100 150 ~ 660' C3 I NOT TO SCALE: ~ I Notes: survey. ~ ~l 2. Basis of bearing is N/A.  3. Subject to eosements, ~ reservoti~ns ond restrictions DESCRIP~ON: DASD J. HY4~, ~. (FOR ~E RR~) NOT VAUD ~OUT ~E ~A~RE AND ~e Northerly 178.84 feet, of the West 10.00 ~E ORIGINAL RAISED SEAL ~ A FL~IDA feet, of the Northwest 1/~, less the North UCENS[D SUE~YOR ~ND ~PER 100.00 feet pre~ously dedicoted for Stole SKETCH AND DESCRIP~ON " Highway ,846, Section 30, Township 48 South, Ronge 27 E~st, Collier County, Florido. Contoinin~ 0.018 ocre~ mor~ or les~. ENGINEERS, SURV~ORS AND P~NN[ AS~NOTEB 50/48/27 0014.1 RAW 115A.DWG DA~ SHEET FB PG CHECKEB 8Y DWe. NO. 02/02 1 OF 1 DJH IR-L-lISA REUSED 2/12/02 EXHIBIT._~- NORTHWEST CORNER OF N SECTION 50 . / ~'0~[1~?' H~A~.~ ROB[ET HAAGA .~A'~RK3, P[J~L$1~IN/~]~/ PATRIC1A P[RLST~tN , THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER DESCRIPTION: THE ~ST ~ OF THE ~ST ~ OF THE NORTH~ST J OF THE NORTHWEST ~ OF SECTION 30, TO.SHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; LESS NOTES: THE NORTHERLY 178.84 FEET AND THE ~STERLY 30.00 FEET THEREOF TOGETHER 1. THIS IS NOT A SURLY. ~TH; THE SOUTHERLY 78.84 FEET OF THE 2. BASIS OF BEARING IS N/A. 660.00 FEET OF THE NORTH~ST J LESS 3- SUBJECT TO EASEMENTS, RESE~ I~ THE EASTERLY 10.00 FEET AND THE RESTRICTIONS OF RECORD. CONtA,N,NC S.SS ~C"ES UORE OR LESS. DEC 11 2002 ~E~ED 11/20/02 ~ ...... OF ~~A~ EXHIBIT- -- NOR_.~_ U~F,_g~ S[~,39tl--~ FEE SIMPLE INTEREST IIvIMOKALEE ROAD -- ~ S.R. 846 ~0' 0 50 100 150 ~ ~660' NOT TO SCAIF: o Notes: ~ 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to easements, reservotions ond restrictions of record. DAV1D J. RYobi', P.~.~.' (FOR THE FIRM) DESCRIPTION: FlA. UC. NO;' 5834~/ NOT VNJD ~THOUT THE SlGNA3URE AND The Northedy 178.64 feet, of the East 10.00 THE ORIC~NAL RAI~'D $E~L OR' A FLORIDA feet, of the West 660 feet of the Northwest UCERSED SUR~YOR AND MAPPER 1/4, less the North 100.00 feet previously SKETCH AND DESCRIPTION dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, ~iNTcE.~ii Collier County, Florida. Containing 0.018 acres more or less. ENGINEERS, SURVEYORS AND PLANNERJS DfC 3506 ID(CHANGE AVE. NAPLES, FLA. 341(~1. (941) 643-240~ FAX NO. (941) 643-517~ FLORIDA BUSINESS UCENSE NO. LB5770~ w.o..o. I AS NOTED 50/48/27 0014.1 RAW 00--018-~'-"-"~G' DATE SHEET F"B PG CHECt(ED BY DWG. NO. 02/02 1 OF1 DJH IR-L-115C 33.26' 4 ROYAL WATCH, iNC. o 5o 100 15o O.R. 1.399, PG. 807 , 325~"-- ,/,//.~ Notes: 1. This is not a survey. NOT TO SCALE:: 2. Basis of bearing is N/A. .3. Subject to easements, reservctions and restrictions of record. DESCRIPTION: The Northerly 78.84 feet, together with / ///~//,.. 88.78 feet, of the Easterly 3.3.25 feet, of ,c/._.J(j~.;~/ // /~/~,,~, . the West 325 feet, of the North 1/2, of DASD J. HY~, P.S:~FOR ~E REM) the East 1/2 of the West 1/2 of the ~. uc. N~ 583~/ NOT VAUD ~ ~E SI~A~RE AND Northwest 1/4, less the North 100 feet, mE ~I~N~ RNSED ~ ~ A ~ORIDA previously dedicated for store Highway U~D ~R~YOR ~D M~PER ~846, Section 30, Township 48 South .... Range 27 East, Collier County, Rorida. SKETCH AND DESCRIP~ON Containing 0.565 acres more or less. ~~ WILKISON & ;E 'TEM ~ ASSOCIATE5 NC.. D 1 7 2002 EN~NEERS, sUgaRS AND P~NER 3506 ~C~GE A~. ~S, ~ 3~10 (941) 643-2404 F~ NO. (941) 643-517; ~ORIOA BUSINESS UCENSE NO. ~5770 I REMSm 3/6/02 EXHIBIT A r .- ~ zs .~ '/7 F iMMOKALEE ROAD ~ FEE SIMPLE 78 0 50 100 15~ ZZr~ <<. J. b'~ I--b'") _ ~ ; 00' Notes: 1. This is not a survey. NOT 'to 2. Basis of bec~ring is N/A. 3. Subject to e~sements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the West 100 1/4, of the Northwest 1/4 of the Northwest 1/4, less the North 100 feet dAVID J. I-¢f¢,~', 'P~S.~.~'$'OR ~E RRM) road--way for State Highway ~846, Section F~. UC. N~ 30, Township 48 South, ,:ange 27 East, NOT V~D ~ ~E ~A~RE ~D ~E ORI~N~ RNS~ ~ ~ A ~ORIDA Collier County, Rorido. Contoining 0.197 U~ ~R~Y~ acres more or less. SKETCH AND DESCRIP~ON ~~ WILKISON ~ASSOCIATES DECI17 2002 ENGINEERS, SU~ORS ~D P~ERS ~SOS ~C~N~E AVE. ~P~S, ~ ~0~ (941) 643-2404 F~ NO. (941) 645-~17~g. ~ORIDA BUSINESS UCENSE NO. ~5770 SCALE SEC/SUB W.O. NO. DRA~ BY R~ NAME AS NOTED 30/48/27 0014.1 LAW ~ O0-018-O0. DWG I DA~ SHEET ~ PG CHEWED BY D~. NO. 10/01 1 OF 1 DJH IR-L-117 EXHIBIT_ _ II~k4oKALEE ~ROAD ... _ ~ , ---'--'- FEE 81MPI.E S.R. g46 INTfiREST 'o 0 50 1 oo 15( Notes: 1. '[his is not o survey. NOT TO SCALE: 2. Bosis of beoring is N/A. 3. Subject to restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the Northeost 1/4, of the Northeost 1/4, of the Northwest 1/4 of the Northwest 1/4-, less feet ond less the 100 feet thereof, Section Collier County, Florido. Contoinin§ 0.391 FLA. UC. ocres more or less. NOT VALID W~THOIJ~' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA MCENSrr. D SURV~fOR AND MAPPER SKETCH AND DESCRIPTION : A( hTE WILKISON :. !C 17 2002 ENGINEERS, SURVEYORS AND 3so~ CXCH~E (941) 643-2404 FAX NO. (941) FLORIDA BUSINESS LICENSE NO. SCALE SEC/SUn I w.o. No.I DRAW" AS NOTED 30/48/27I' 0014.1I EAW O0-018-O0.DWG t DATE SHEET I FB PG CHECKED BY DWG. NO. I ~, REVISED 2/11/02 10/01 1 OF 1 I DJH ~R-L-118A -' EXHIBIT N  NOR33'I LINE OF S[C~O._..~N 30_ FEE SIM~ IMMOKALEE ROAD ~ - I~REST ~.,~.~ 0 50 1 Od 150 ? ~ ~ NOT TO SCALE: ~ ~ ~otes: ~ ~ ~ ~ ~ I. Th~s is not o survey. ~ 2. Besis of beoring is N/A. ~ ~ g. Subject to ~ reservotions ond restrictions of ~ 1~ record, DASD J. R~T. Ps~/(FOR mE FIRM) 0ESCRIP~ON: FLA. LIC. NO. NOT VALID ~OUT ~E Sm~A~RE AND ~e Northerly 188.78 feet of the West 20.00 lH[ ORt~AL RAmSEO SEAL OF A FL~IDA feet of the Eost 50.00 feet. of the UCENSED SUR~YOR AND MAPPER Northwest 1/4, of the Northwest 1/4, less the North I00.00 feet previously dedicoted for stere Hi~hwoy ~846, Section 50, Township Florido. Contoining 0.041 ocres more or less. EXHIBIT_A--  ..100' R/W -- FEE SIMPLE iMMOKALEE ROAO __. - I~ST x~"~ ~ 0 50 100 150 ~ , ~ NOT TO SCALE: ~ 11~ Notes: ~o ~~ 1. This is not o survey. ~ m 2. Bosis of beoring is ~ ~ 3. Subject to ~ reservoUon~ ond re~tHctions ~ 1~~ record. DASD a. ~ATT, P~. (F~ mE FIRM) 0ESCEIP~ON: JLa. UC. NO. NOT VALID M~OUT ~E ~A~RE AND ~e Northerly 188.78 feet, of the East 10.00 mE ORI~N.~L RAISED SEAL ~ A FLORIDA feet, of the Northwest 1/4, of the Northwest LICENSED SUR~YOR ~O MAP~R 1/4, less the North 100.00 feet pre~ously dedicated for State Highway ~846, Section 30. Township 48 Sou[h. Range 27 East. Collier County, Florida. Containing 0.021 acres mor~ or I~. ~O. I DEC 1 7 2002 O~ ~~A Wil illeF ..... EXHIBIT A Page 2~ al 1'/ : _1oo' R/~ INT~RI=8T o... ~.w. pc. ~ o... 2~w..~ pc..  Notes: 1. This is not a survey. ~;;~ ~// 2. Basis of bearing Ts N/^. 3. Subject to easements, ~\ ~ ~ reservations ond restrictions of record. °~ 0 50 1 O0 150  NOT TO SCALE: 7 · DES~IP~: 5A~D d.' HY~, P.S.(FOR ~E RRM) ~e N~y 78.69 feet, together ~th F~. UC. NO. 583~/ ~e S~edy 9.78 feet, of the No~y NOT VAUD M~ ~E SI~I, ~RE AND 88.47 feet, of ~e East~y 53.8~ feeC of ~E ~I~N~ RAIS~ ~L ~ A ~IDA the W~t 1/2 of ~e East 1/2 of the East U~N~ ~R~YOR ~D MAPPER _ 1/2, of ~e N~w.t 1/4, AND, the East SKETCH AND DESCRIP~ON AGE~ ~ ITEM ~ 1/2 of the N~h~t 1/4 of ~e N~.st 1/4. of the N~w.t 1/4. AND. ~~ WILKISON ~0.__ w.. ,/= o~ ~.. w., ,/= o, ~. ".,'~~i. ~ DEC 17 2002 1/2 of ~e No~hwest 1/4, Jess the North ENGINEERS. SURV~ORS AND P~N 1~ feet th~of, Section 30. Township 48 3506 ~C~GE A~. ~S, ~ 3 t104 R~da. Containing 1.756 a~es more ~ less. ~ORIDA BUSINESS UCENSE NO. ~5?Opg. . oo-o, -oo. oI EXHIBIT I' FEE 81MPLE NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is 5. Subject to easements, reservations and restrictions of record· DESCRIPTION: The NortheHy 88.47 feet, of the East 1/2 of the Northeast 1/4-, of the Northeast 1/4, of the Northwest 1/4, less the North ORDAvID J. 'HY,~r, '.;,~l~. ( THE F1RM) 100 feet previously dedicated for State Highway #846, and less the East 10 feet FI.A. UC. NO/. 5834/ thereof, Section ,30, Township 48 South, NOT VAUD WITHOUT ~HE SIGNA13JRE AND Range 27 East, Collier County, Florida. THE ORIGINAL RAISED SEAL OE A FLORIDA Containing 0.6,3,3 acres more or less, UC[NSED SURVEYOR ANO MAPPER SKETCH AND DESCRIPTION , WILKISON AS ENGINEERS. SURVEYORS AND 7 2002 .3506 EXCHANGE AVE. NAPLES, FLA. (941) 643-2404 FAX NO. (941) 643. i173 FLORIDA BUSINESS LICENSE NO. LB AS NOTED 30/48/27[ 0014-.1 / EAW 00-018-O0.BWG 10/01 I OF 1 I / OJH IR-L-121 J EXHIBIT ~oo'  UNE OF SECTION 50 iMMO.- -[ ~ ROAD FEE SIM~ ~ ~ x** ~ o 5o 1 aa 15o NOT TO SCALE: Notes: 1. This is not o survey. DESCRIPTION: 2. Basis of beoring is N/A. The Northerly 178.38 feet of the Eost 10.00 feet, of the Northwest 1/4, less the North ,:3. Subject to easements, 100.00 feet previously dedicated for State reservations and restrictions of Highway #846, together with, the Northerly record. 178.38 feet of the West 10.00 feet of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #84§, Section 30, Township 48 South, Range 27 DASD J. H~, P.S~. (F~ ~E RRM) East, Collier County, Florido. Containing 0.036 ~. uc. NO. 583~ ucres more or less. NOT VAMD ~T ~E ORI~NAL RN~D ~L ~ A ~ORIDA M~NSED SUR~Y~ AND M~PER SKETCH AND DESCRIP~ON lWlLKISON ~- TE~ NC. ENGINEERS. SUR~ORS AND P~NE~ (941) 643-2404 ~ORIDA BUSINESS UCENSE NO. ~5770~ EXHIBIT ~A./,, $.~-. 8z~----~ FEE i~REST 0 50 100 150 ~ 81 Notes: 1. ~is is not a survey. 2. Basis of bearing is N/A. NOT TO 3. Subject to easements, reserva[ions and restrictions of record. DESCRIPTION: The NortheHy 78.38 feet, of the East 12§° feet, of the West 660 feet of the N°rthwest ''" of the N°rthwest 'l' °f ~__l ~/ : ~'l~/~..~F feet, previously dedicated for State OR~A~D ~. ~Y~. P:S~ ( ~E ~.~) Highway ~846, Section 30, Township 48 South, Range 27 East, Collier County, ~. uc. N~ ~347~ Horida. Containing 0.225 acres more or NOT VAMD ~T ~E ~A~RE AND ~E ORI~NAL RN~ ~ OF A ~ORIDA less. UC~SED ~R~Y~ ~D MAPP~ SKETCH AND DESCRIP~ON ... WILKISON ~ ASSOClATE~ ~ ~ ....... INC~ No._ ENGINEERS, SU~ORS ~D P~NE~S ~sos ~c~ ,~. ~,~s.. ~ ~ n, C 1 7 2002 (941) 643-240~ F~ NO. (941) 643-51~ FLORIDA BUSINESS ECENSE NO. ~577~ I ~ I~c~" I w.o..o. ~.~ .~ l~s No~Dl~O:~/~/ oo,~., ~w oo-o,~-oo~--~ .... EXHIBIT-~-- cORNER IMI~OKALEE ROAD ~ FEE SIMPLE ~ -'~'.p,. 846 I~REST L3 1.14 LOIS NEFF dOAN GoODNtGHT 0.~. 730, ~G. NOT TO N LINE TABLE LINE LENGTH BEARING L1 100.05 S02'13'14"E L2 64-3.74- N86'O3'16"E L3 321.87 N86'03'16"E L4- 88.24- S02'17'52"E L5 5.3.66 S86'03'16"W L6 10.00 NO3'56'44."W L7 129.75 S86'O3'16"W L8 19.99 S03'56'4-4"E 0 50100150 L9 109.21 S86'03'16"W L10 19.81 N03'56'44"W~ Lll 28.99 S86'03'16"W .;...,/~,~,,'! L12 78.4-1 N02'16'23"W DAV1D j:./ V /-';~;~"~" ,HYAIT, .P[S.M. (FOR THE F1RM) FLA. LIC.. NO. NOT VAUD W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SE. AL OF' A FLORIDA UCENSED SURVEYOR AND M~M:~PER SKETCH AND DESCRIPllON .~,~=~, WILKISON ,,&::F- 4GE~/J;;I~A'TEI~,~ '~111~ AS S O C I AT E S; No..L._[[~ W W INC. mml I ENGINEERS, SURVEYORS AND PLANNER~ ~"~ 1 '7 ")nn'~ ,CA,,,1 w.o. "o.l, DRAW"' AS NOTEDlSO/4-8/27 0014-.1 LAWoo-o, -oo.ow I 10/01 I 1 OF 2 DJH IR-L-126-1 REV1SED 5/1/02 J EXHIBIT Description: A portion of the East 660 feet of the West 1/2 of the Northeast 1/4% less the East 335 feet thereof, and less the North 100 feet prsv{ousty dedicated for State Highway i~846, and less the South 10 fast thereof. Section 30, Township 48 South, Range 27 East, Collier County. Florida, being more particularly described as follows: Commence at the North 1/4 Comer of said Section ;30; thence South 02'1.3'14' East, along the 1/~, section line of said Section .30, for a distance of 100.05 feet, to a point on the existing south Hght-of-way line of State Road i11~46 (Immok~ee Rood); thence North 86'0.3'16' East. along sold south Hght-of-way line, for a distance of 643.74 feet, to the POINT OF BEGINNING of the herein desc~'oed thence continuing North 86.0`3'16' East, ~long said south right-of-way line, for a distance of 321.87 feet; thence South 02'17'52° East, for a distance of 88.24 feet; thence South 86'0.3'16' West, for a distance of 5.3.66 feet: thence North 03'56'44' West, for a distance of 10.00 feet; thence South 86'03'16' West, for a distance of 129.75 feet: thence South 0`3-56'44' East, for a distance of 19.99 feet; thence ~outh 86'03'16' West, for a distance of 109.21 feet; thence North 0`3'56'44' West, for a distance of 19.61 feet: thence South ~6.03'16' West, for a distance of 28.9g feet; thence North 02'16'2`3" West, for o distance of 78.41 feet. to the POINT OF BEGINNING; Containing 0.640 acres, more or less. FEE SIMPLE Notes: 1. Thi~ is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 5. Subject to easements, reservations and restrictions of record. 4. P.O.C. --- Point of Commencement P.O.B. = Point of Beginning 5. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor end Mapper. SKETCH AND DESCRIPTION " ~l~ WILKISON ~ [ AC ,..o._ . ENGINEERS, SURVEYORS AND PI. ANNE 4S DIg 17 2002 3506 EXCHANGE AVE. NAP. LES,. FLA. 341 ' (941) 6a,3-2404 FAX NO. (941) 643--51 .~ FLORIDA BUSINESS UCENSE NO. LB577~ I t 100-0 -00. w EXHIBIT_~_._ ~MMOKALEE _ROAD ~ FEE SIMPLE INTEREST ..< r-- 0 50 100 150 Ld~.~--TM · ~ EAST 1/2 -J-JO Notes: 1. This is not a survey. 2. Basis of bearing is N/A. NOT TO SCALE: 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The NortheHy 88.20 feet, of the West 150' feet of tbs Eaet 1/2, of the North 1/2 of the Northeaet 1/4, of the Northweet 1/4, feet., pre~ouaty dedicated for rtght=woy, Section 30, Township 48 South, DAVID J. Hy~r:p.,~': [FOR THE F1RM) Range 27 East, Collier County, Florida. FLA. UC. NO~. Co~tolnlng 0,304 acres more or less. NOT VAUD W~THOt~T THE SIGNATURE AND THE ORIGINAL RAISED SE. AL OF A FLORIDA UCENSED SUR~?I'OR AND MAPPER SKETCH AND DESCRIPTION 35os ~XCHANOE Av~ NAPLES, FL~ ~4~ UI (~) 6,~,-2,o, ~ .o. (9,,,) 6,3-~;-~ :C 17 2002 FLORIDA BUSINESS UCENS! NO, LB577CI J EXHIBIT_A-- '~ ..----- lO0' ___j~o~^~ ~o^o - s.~ ~~ ~ 0 50 100 150 ~ON 1. lhi~ is not o survey. ~' 2. Basis of bearing is N/A. N ~ 3. Subject to easements, , - - reservations and restrictions of +~o~xo~ record. NOT TO SCALE: DESCRIPTION: North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less thereof for egress and ingress, and the West 150' feet [hereof. Section 30, Township 48 South, Range 27 NOT VAUD ~T ~E a~A~RE AND ~E ORI~NAL RNS~ ~ ~ A ~ORIDA East. Collier County, Florida. Containing 0.287 acres U~ ~R~YOR more or less. SKETCH AND DESCRIP~ON AGI WILKISON No. SOCI ENGINEERS. SU~ORS AND P~NI DE 1 7 2002 3506 ~C~GE A~ ~S,. (941) 643-2404 F~ NO. (941) 643- ~ORIDA BUSINE~ UC~S/ NO. I j~s ~o~ ~/~/2~j oo~.~ ~w oo-o~-oo.ow~ EXHIBIT A N ~oo' R/W" Page~ 77 IMMOKALEE ROAD ~ ~ 846 FEESIM~ I~E~ST 0 50 1 O0 ~ 50 NOT TO SCALE:  Notes: i1. Th~s is not o survey. 2. Bosis of beefing ~s 3. Subject to eosements. reservot~ons end restrictions of record. 4. This is o revision of o Wilkison ~ Associotes Sketch end Description which merged with DESCRIPTION: ~lson-Miller, effective July 1, 2002. The westerly 20.00 feet of eesterly 50.00 feet, of the Following described porcei, The Northerly 188.20 feet, of the Northwest 1/4, ~ ..... of the Northeost 1/4. less the North 100.00 AG[~ ~TE~ feet previously dediceted for S(ete Highwoy ~B46. Section 30, Township 48 South. Ronge 27 ~=t. co.i~ co~.t~. ~o~iu~. co. to~.i.g DEl 1 7 200~ 0.040 ocres more or less. DASD & ~ATT,~. (F~ mE nRM) FLA. LIC. ~O. NOT VALID ~T THE SI~A~RE AND REUSED 8/21/02 ~E ORI~N~ RAI~D SE~ OF A FLORIDA REUSED 7/15/02 LICENSED SUR~YOR AND MAPPER Wii nMiiler ...... -= ~ SKETCH ~D DESCRIPTION ~ A ~R~ON OF 5EC~N 30, TO~ ~~'~~'~'~'~ ~ ~ 07/15 04014-~1-~ I ~-L- 129A EXHIBIT_~__ N ~00' R/W FEE SIMPLE __T NORTH LINE OF c'~F--._.._cTIOI4 5.___0 INTEREST IMMOKAL£E ROAD~ _._._. 0 50 10~ 150 NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is 3. Subject to easements, reservations and restrictions of record. 4. This is o revision of o Wilkison & Associates Sketch and Description which mercjed · T~. Easterly 20.00 feet of the Wester, y 50.00 DEC 1 2002 feet of the followin9 described parcel, The Northerly 178.00 feet. of the Northeost t,4. E~,,Tf~,1 ~T~T~ of the Northeost 1/4. less 'the North I00.00 feet previously dedicated for State Highway DAVID J: H~"~ , //846. Section 50, Township 48 South, Ran(je FLA. UC. I~10. 27 East, Collier County. Florida. Containing NOT VALID lffiTHOUT THE SIGNATURE AND 0.0..~6 acres more or less, REVISED 8/21/02 THE ORIGINAL RAISED SEAL OF' A FLORID~ REVlSED 7/1,5/02 LICENSED 5'URV[YOR AND MAPPER -- II - -- --Ill .... I ~ur~: CH2MHILL ~1~ IIq m~lee~m~ OF" A PORTION OF SECTION ~ TOWN~HIP 48 SOUTH RANGE 27 EAST. . ' .,I EXHIBIT N  ..--- 100' R~ FEE SIMPLE NORTH UNE OF SECl~ON 50 ~ ~ INTEREST IMMOKALEE ROAD __--- - ' ~ ~o~ ,~0' , 0 50 100' 150 NOT TO SCAt.[: Notes: 1. This is not o survey. DESCRIPTION: The Southerly 78.00 feet Northerly 178.00 feet, of the Westerly 10.00 feet of the, of 5. Subiect to easements, the Northeast I/4, of the Northeast 1/4, reservations end restrictions of Section 50. Township 48 South, Range 27 record. East, Collier County. Florida, AND: The Southerly 88.20 feet of the Northerly 188.20 feet. of the Easterly 10.00 feet, of the Northwest 1/4, of the Northeast 1/4, Eost,Secti°ncolllerSO' TownshiPFiorido.48 South, Range 27 ^'"~"'""~c'"~k/, ITEM('-~ County, Containing 0.058 NO..~.~ acres more or less. NOT VALID ~0~ TH , ~E ORICINAL RAI~D SEAL OF A FLORIDA RE~ED 8/21102 LICENSED SUR~YOR AND MAPPER Wil Miller ~ 5KETCH AND DESCRIPTION -""-'--" EXHIBIT  FEE SIMPLE INTEREST 0 50 100 150 JANET RoMANO ~ b O.P,. 14-29, PG. 95'7 ~ Notes: I NOT TO SCALE: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.00 feet, of the South 260 feet of the North 560' of the West 1/2 of the Northwest 1/~,, of the Section 30, Township 48 South, Range 27 NO~ VA~D ~mO~ ~E ~A~RE AND East, Collier County, Florida, less the West ~E ORI~NAL RAI~D ~ ~ A ~ORIDA 30 feet thereof. Containing 0.523 acres uccc) ~R~ more or less. SKETCH AND DESCRIP~ON WILKISON ~ ASSOCIATE ~ ' - - INC. ENGINEERS, sUgaRS ~D P~NE~ ~EC 1 7 2002 ~5o6 ~C~E ~. ~.. iMMOKALEE ROAD FEE S~MPLE 25 05' I 2 0 50 100 150 SARA SINCLAIR ELLENBURG 5~, dAMES C. ELLENBURG ~RUST NORm O.R. 1516, PG. 2279 , I I ' ' EAST 1/2 O¢ ~ t ~ tHE ~ST 1/2 ~otes: 1. This is not a survey, i NOT TO SCALE: 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 4. Porent troct descriptions ore presented here verbatim from the provided descriptions. 5. This is o revision of o Wilkison ~ Associates Sketch and Description which merged with Wilson-Miller, effective July 1, 2002. the Southe~)y 9.8~ feet, of t~e Northerly ~.8~ feet, of the ~ostedy 2~.0~ feet, of the Eost One-Holf of the West One-Ho~f of the Eost One-Ho]f of the No~t~eost woy, ond less the South ~0 feet thereof, Section ~0, Township 48 South, Ronge 27 Eost, Collier County, FIo~ido. Conto~nin9 mL[ ~KETCH AND D~SCRITPION - PART OF 5[CTION ~O, TOWNSHIP 48 5CUTH~ RANGE 27 EAST, COLLIER COUNTY~ ~LORfDA w~.~s~ * *s~ r~ SUR~WG~IMMOKALEE EXHIBIT_~- ~___~oo' ~/~  AD ___---- FEE SIMPLE I ~ INTEREST 0 50 100 150 1,3.1 CAP VENTURE OF COLLIER cOUNTY, INC. O.R. 1499, PG. 1210 Notes: NOT TO SCALE: 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. DESCRIPTION: The Northerly 87.85 feet, of the West 1/2 ~ / //~ ~,.,~_ of the Northeast 1/4 of the Northeast ~ · / 1/4, of the NortheaSt 1/4, LESS the East .30 feet and LESS the North 100 feet, AND 'bAYeD J. H¥~'n', P.S/M/(FOR THE FIRM) the West 1/2 of the Southeast 1/4 of the FLA. UC. NO. NOT VAUD tMTHOIJT THE ~IGNAllJRE AND Northeast 1/4, of the Northeast 1/4, Less THE ORIGtNAL RAISED SEAL OF A FLORIDA the East 30 feet, Section 30, Township 48 UCENSF_D SURVEYOR AND MAPPER South, Range 27 East, Collier County, SKETCH AND DESCRIPTION Florida. Containing 0.589 acres more or less. WI LK I SO N ENGINEERS, SURVEYORS AND 3sos ~xc~GE ^v~ .~ES 1 7 2002 C94.1) 643-2404 FAX NO. '173 ~o,,~ ~us,,~s uc~,s~ No. '~o i~ i ~,c~, I w.o. ,o. I ~,~,~ l~s ~O~D1~O/,~/2~I 0o~,I ~w oo-o,~-oo.ow~ . ,~.,,. ~,,~o~/ ~o~o~ /~ o,~I I ~, J EXHIBIT  mo' ~/~ FEE IMMOKALEE ROAD ~ 1~ST _ ~ 0 50 100 15( DESCRIPTION: The Northerly 187.8.3 feet, of the East 30.00 feet, of the West 1/2, of the Northe(]st 1/4, of the Northe(]st 1/4, of the Northeest 1/4, less the North 100.00 feet previously NOT TO SCALE: dedicoted for store Highw(]y #846, Section 30, Township 48 South, R(]nge 27 Collier County, Ftorido. Containing 0.061 (]cres Notes: more or less. 1. This is not o survey. 2. B(]sis of benring is N/A. 3. Subject to e(]sements, reservotions (]nd restrictions of record. DAVID J. HYATT, P.p.~.la. (FOR THE FIRU) FLA. uc. ~o. NOT VAUD WITHOUT THE SIGNATURE AND THE: ORIGINAL RAISED SE_AL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~ ,~-~_ I~~ WILKISON ~,~::_ NoAG ~i~/ I I INCJ ENGINEERS, SURVEYORS AND PLANNII[RS LIE. I ? 2002 3506 EXCHANGE AVE.. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (94.1) 64.3-5'~73 FLORIDA BUSINESS UCENS£ NO. IR57'JJO p AS NOTED 30/48/27 0014.1 EAW 133.DWG DATE SHEET FB PG CHECKED BY DWG. NO. · 02/02 1 OF 1 DJH R-L-133 EXHIBIT N FEE SIM~ Notes: NOT TO SCALE: 1. This is not (~ survey. 2. Bcsis of bear{ng is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 77.73 feet, of the East 100 feet of the West 200 feet, and the West /~ 100 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of ~A~D d. HY~'T, P.S.~J~'~FOR 3~tE FIRM) the Northeast 1/4, less the North 100 FLA. UC. NO: 583~,~ feet reserved for Highway ~846, Section NOT VAUD WITHOU~ THE SIGNATURE AND 30, Township 48 South, Range 27 East, THE ORIGINAL RAISED SEAL OF A FLORIDA Collier County, Florida. Containing 0.357 UCENSED SURVEYOR AND MAPPER ocres more or less. SKETCH AND DESCRIPTION ~TE~~ I~~ WILKISON ~ASSOClATE~ No. W W ~INC. ' ENGINEERS, SURVEYORS AND PLANN~ f 3506 EXCHANGE AVE. NAP.LES,. FL~ 341041 (941) 643-2404 FAX NO. (941) 643-517.~ FLORIDA BUSINESS UCENSE NO. LB5770 EXHIBIT A ~ ~---~0o' R/W_ ~ __ ~49RTH UN[ OF ~FC.TION 30 N  ~ F~ SIMPLE aa 0 50 100 150 o 83 !o u3 2oo~..~ .__ 0 ~otes: NOI 10 SCALE: 1. This is not o survey. 2. Basis of bearing is N/A. .3. Subject. to easements, reservations and restrictions of record. DESCRIPTION: The NortheHy 77.73 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the west ~ 200' feet, and the East 10' thereof, also DAVlO JJ NYATT,~'~.M. (FOR ll-lE F1RM) less the North 100 feet reserved for FLA. UC. NO. 5834 Highway t/~84§, Section 50, Township 48 NOT VAED ~I~IOUT THE SIGNATURE AND South, Range 27 East, Collier County, ;HE ORIGINAL RAISED SEAL OF A FLORIDA Florida. Containing 0.200 acres more or UCENSED SURVEYOR AND MAPPER less. SKETCH AND DESCRIPllON '~ASSOCIATE-< No. · ENGINEERS, SURVEYORS AND PLANNER; 3506 ~c.~oE AW..~S, ~ ~,,0, [ EC 1 7 2002 (941) 643-2404 FAX NO. (941) 643-517,~ FLORIDA BUSINESS ECENSE NO. LB5770 · SCALE SEC/SUB W.O. NO. J DRAWN Biy. FILE NA E ~n~ _ l AS NOTED 30/48/27 0014.1 EAW O0-018--00. DW~ I DATE SHEET FB PG CHECKED DWG. NO. I 10/01 1 OF 1 DJH IR-L-155 REUSED 5/1/02 EXHIBIT_A_ ~- ~ --' FEE SIMPLE NORm UNE O'~"F"~E~ON ~c I~RE~ I~OKALEE ROAD 0 50 1~ 150 NOT TO SCALE:: Notes: 1. This is not a survey. DESCRIPTION: 2. Basis of bearing is N/A. The Northerly 177.73 feet, of the East 10.00 feet, of the Northeast 1/4, less the North 3. Subject to easements, 100.00 feet previously dedicated for State reservations and restrictions of Highway #846, Section 30, Township 48 record. South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. DAVID j.'H,'~ATT, il5.~1~. (FOR THE RRM) FLA. UC. (~0. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOC ENGINEERS, SURVEYORS AND 17 2002 3506 EXCHANGE AVE. NAPLES, FLA. 341(] (941) 643-24.04 FAX NO. (94.1) 643-517: FLORIDA BUSINESS UCENSE NO. LD5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE AS NOTED 30/4'8/27 0014. t EAW 136.DWG DATE: SHEET FB PG ICHECKED BY DWG. NO. i 02/02 10F'I DJH IR-L-136 =J EXHIBIT A ,- ~. I,,e,.d.7._~ '/7 _L ~ NOrm u~~ S~"~"ON ~ I M M OK ALEE~J_~O AD FEEiNTEREST SIMPLE 0 50 100 150 NOT TO SCALE Notes: OESCRIPTION: 1. This is not o survey. 2. Basis of bearing is N/A. The Northerly 178.05 feet, of the West 50.00 feet, of the Northwest 1/4, of Section 29, 3. Subject to easements, Township 48 South, Range 27 East, less the reservations and restrictions of North 100.00 feet previously dedicated for record. State Highway #846, Collier County, Florida. Containing 0.054 acres more or less. NOT V~D ~T ~[ ~A~R~ AND ~E ~I~N~ R~S~ ~ ~ A ~IDA U~ ~R~ ~D M~ SKETCH AND DES~IP~ON ~~ WILKISON 3506 ~C~OE A~. ~S, (941) 643-240~ F~ NO. (941) 643-51 .o. I I I AS NOTED 29/48/27J 0014.1 EAW 137. DWG DA~ I SHEET I FB po I CHECKED BY D~. NO. EXHIBrr-- _ NOR~14 UNE OF SECTION 29 -- [ ~ PLEFEE81 N /, 1. This is not o survey. 2. Basis of bearing is N/A. .... 3. Subject to easements, reservations NOT TO SCALE: and restrictions of record. DESCRIPTION: The Northerly 78.05 feet, of the West 1/2 of the West Less the North 100 feet for rood right-of-way ~,- purposes and LESS the West 30 feet thereof for road DAVID J. HY/~I', 13.~.,,~1~FOR THE FIRM) right-of-way purposes, Collier County. Florida. FLA. UC. Ne. 5834/ Containing 2.250 acres more or less. NOT VAUD W1THOUT THE SIGNATI. IRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION -- -, (941) 643--2404. FAX 'NO. (941') 643-517.] FLORIDA BUSINESS LICENSE NO. LB5770 [AS NOTED 29/48/27 0014'.1 EAW I 00-018-00'DWG REVISED 5/13/02/ in/n1 DJH I IR-L-138 REVISED 2Ill/02) J _u--- - - --~ -~-~o~ ~o~ ~ - ~ - ----~____..__.__._ ._~--"--~-:---'-'--:'-'t--'--- INTEREST /'/'X~ ~ Notes: 1. This is not a survey. ~/~///~/ 2. Basis of bearing is N/A. NOT TO SCALE: 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Southerly .370.45 feet, of the Northerly 548.48 the West 1/2 of Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 4.766 ~cres DAMD J.'H~,'~S~R ~E RRM) more or less. ~. MC. ~. 5834~ NOT VAMD ~T ~E ORI~N~ R~ ~AL ~ A ~ORIDA U~ ~R~Y~ ~D M~P~ SKETCH AND DESCRIP~ON ~A~OCIAT[ ~ ~ INC ~ ~o~ ~c~ ~ ~.~s. ~ ~ :.So~ ~D 1 7 2002 (941) 645-2~4 SCA~ SEC/SUB W.O. NO. DRA~ aY ~ .o~ ~,/,~/~ oo.., ~w I°°-°~" ~':';;: i I DA~ SHEET o~/o~ ~ oF ~ OJH ,R-L-.~S J EXHIBIT I' ----'--~'"'---- 10o' R/W '"RTH LiNE OF SE~9~ -- ------- -- iS.P-. ~ '~357. P~' ~ o.P- 1257. FEE S! N DESCRIPTION: A portion of the W 1/2 of the NE 1/4 of the NW 1/4, NOT TO SCALE and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Hi§hway purposed, Collier County, Florida. more ~artlcularty described as follows: Commence at the North 1/4 Comer of said Section Notes: 29; thence South 02'22'25' East, aloncj the east line of the Northwest 1/4 of said Section 29, for a 1. This is not a survey. distance of 100.04 feet, to a point on the Southerly Right-of-Way line of State Road ~[846 (Immokalee Rood) and the POINT OF BEGINNING of the herein :2. Basis of bearing is state pland described parcel; thence continuing, South 02'22'23' coordinates, Florida East Zone. East, along the said East line, for a distance of 88.99 feet; thence South 86'00'25' West, for a distance of .~. Subject to easements, reservations and .328.55 feet; thence North 03'59'57' West, for a restrictions of record. distance of 10.00 feet; thence South 86'00'2..3' West, for o distance of .342.55 feet; thence South 05'59';)7' East, for a distance of 19.75 feet; thence South 4. P.O.C. = Point of Commencement 86'00'2;)' West, for a distance of 109.24 feet; thence P.O.B. = Point of Beginning thence South 86'oo'25' West, for a distance of 505.83 feet; thence North 02'25'24' West, for a distance of DA~ID J. 'HY.~/FT, ~ (FOR THE F1RM) 78.65 feet, along the west line .f the Northeast 1/4 FLA. MC. NO';. 58E~IF of the Northwest 1/4 of s~ld Section 29; to a point NOT VAMD WITHOUT THE S~GNATURE AND on said Southerly Right-of-Way Line; thence North THE ORIGINAL RAISED SEAL OF A FLORIDA for o distance of 1,286.29 feet, to the POINT OF ~ AG BEGINNING; Containing 2.452 acres, more or less. SKETCH AND DESCRIPTION __~.~. .~,~a~, WlLKISON &No. ~~M&ASSOClATEE; OEeC 1 7 2002 W W ~lNc. m ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES. FLA. 341, (941) 643-2404 FAX NO. (941) 64.3-51 ~'~3 FLORIDA BUSINESS LICENSE NO. LB577G__ -- · t SCALE I SEC/SUB W.O. NO, I DRAWN BYI Fill[ NAME AS NOTED[29/¢e/27 0014.1I EAW J O0-018-O0.DWG DATE / SHEET FB PGI CHECKED BYI DWG. NO. 10/01 [ 1 OF 1 DJH I IR-L-139 ~j EXHIBIT. A mo' R~ F NORTH UNE ~ SEcTiON 29 ~ 5. ~ 0 5o ~ oo ~ 5o  ~THO~Y K. G : iMAUREEN A. GIORDANO ~ O.R. 1705, PG.  1~ TH;S ~S NOT A SURLY. : ~ 2. BASIS OF BEARING IS N/A.  TO EASEMENTS, RESERVATIONS AND 3. ~UBJECT ~ RESTRfCTIONS OF RECORD. NOT TO SCALE: ~E NOR~ERLY 179.18 FEET 0F THE ~ST 30' FEET OF OA~O J, H~T. P,S~ (FOR mE FIRM) THE NOR~ ONE HALF OF THE NORTH ~ST QUARTER FLA. UC. ~. 5854 OF ~E NOR~EAST QUARTER, LESS THE NORTH 100.00 NOT VALID ~T ~E SI~A~RE AND FEET PRE~OUSLY DEDICATED FOR STATE HIGHWAY ~846. THE ORIGINAL RAISED SEAL OF A ~ORIDA SEC~ON 29, TO'SHIP 48 SOUTH. RANGE 27 EAST. LICENSED SUR~YOR ANO MAPPER COLLIER COUNTY. FLORIDA. CONTAINING 0. )55 ACRES MORE OR LESS. DEC 7 2002 EXHIBIT A oo' R/~ ROAD___ FEE SIMPLE INTEREST -~o 30' 5.1 ,., ANTHONY K. GIoRDANO z MAUREEN A. G[oRDANO o 5o ~oo ~5o ~/ ~260' ~..~ Notes:  1. This is not o survey. % q? 2. Bosis of beoring is N/A. o ~xOo 5. Subject to eosements, reservotions ond restrictions of record. o* NOT TO SCALE: DESCRIPTION: The Northerly 79.18 feet of the West Two Hundred Sixty Feet 260' of the North 0.. Hol, of the North ,,-~'~:~,m,~.//~ West Quarter of the Northeast Quarter, less the West 30' feet, ond the North 100' feet. Section 29, Township 9A~40 J.-Ny',/(TT, p/~.la. (F~ ~E RRM) 48 South, Ronge 27 Eest, Collier County, Floride. ~. uc, ~. 5~ NOT VAUD M~UT ~E ~A~RE ~D Containing 0.418 ecres more or less. ~E ORIGINAL RAIS~ S~ ~ A FLORIDA UC~S~ SUR~Y~ ~D M~PER -~ SKETCH AND DESCRIP~ON ~o. --'~~ ~~ WILKISON ~ ~ASSOCIATES~ IEC l 7 2002 ~ ~ INC. ~ ENGINEERS, SU~ORS AND P~NER~ 3506 EXC~NGE AVE. ~P~S, ~ 34104~ / ~ (941) 643-240~ r~ NO. (941) 643-5173J pg. ~ORIDA BUSINESS UCENSE NO, ~5770/ . SCA~ SEC/SUB W.O. NO. DRA~ BY J R~ NAME I ,o o j oo-o, -oo. w I I J 02/02 I 1 OF 1 DJH IR-L-140B ~ r EXHIBIT._&_ -- ~ s~_,4.77 __ ~. ~o.__o' ' ~ FEE SIMPLE IMMOKALEE ROAD - INTEREST - S.R. 846 10o' 360" ~ / I I z ~ CHARLES F. '. ,. ~o,oANo ~ ~ 2 C. ARLES ~, PG. 410 ~ ~~ BETTY J. ~ ~ ~ O.R. ~, P( o~ NOT TO SCA~: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. N NOT V~D ~T ~E ~GNA~RE AND E~SED SUR~ AND SKETCH AND DESCRIP~ON  .WILKISON TE: INC. m ~C 1 7 2002 ENGmNEERS, SURV~ORS AND P~NNEI (9~) 643-2404 F~ NO. (941) 643--517. J SCA~ SEC/SUB W.O. NO. DRA~ BY RLE NAI J AS NOTED 29/48/27 0014.1 EAW O0-018-O0.DWG 0 50 100 150 J DA~ ~ ~ PG ~ECKED eY D~. NO. J 10/01 I OF 1 DJH IR-L-141 EXHIBIT A_ ~ .~.o' R/W ---- FEE SIM~ 54 ~:~' ~ [ H~L~ J' wiLSON ~ CHAELFS R. ) NOT TO S~A~: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, Description: reservations and The Northerly 79.18 feet of the E<]st Two Hundred restrictions of record. (200') of the West 360', of the North One H(31f of the Northwest quarter of the Northeast qu(3rter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.364 acres, more or less. N TH[ ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPP%R SKETCH AND DESCRIPTION .... ENGINEERS, SURVEYORS AND PI_,~ 4ERS ~so6 Exc.,.cE Au. ~.~s. ~: ,o4 DEC 1 7 2002 (941) 643-2404 FAX NO. (94,1) 643- i173 FLORIDA BUSINESS UCIrNSE NO. LB." '70 - .... RE~4SED 5/1/021 1n/n1 I 1 OF 1 DJH / IR-L-lC2 RE~ISED 4/25/o21 '-'- / -~ EXHIBIT._~__ N ~  --mo' ~/w ~ FEE SIMPLE INTEREST ~ m 0 50 1 oo 150 ,N ~ Notes: 1. ~is is not o su~ey. NOT TO SCA~: 2. Besis Of becring is N/A. 5. Subject to eesements, reserwtions end restrictions of record. DESCRIPTION: The Northerly 79.18 feet, of the Eoet One Hundred (100) feet of the West 660 feet of the North 1/2 of the Northw,,t 1/4, d~dlfj/~.~/ of the Northeast 1/4 leas the North 100 feet previously dedic,~ted for State Highway i~84-6, Section 29, Township 48 South, Containing 0.182 acres more or less. NOT VALID ~THOU¥ THE SIGNATUR£ AND THE ORIGINAL RAISED SE. AL OF A FLORIDA ECENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ,~~ WILKISON & ~lal~ ASSOCIATI ~ ~ IN( ENGINEERS. SURVEYORS AND PLAN' 1 7 2002 3506 EXCHANGE AVE. NAPLES, FLA. (94-1) 643-2404 FAX NO. (94.1) 173 FLORIDA BUSINESS LJCENSE NO. t soA~ I sEc/SU, w.o. NO. D.AW. / AS NOTED129/4.8/27 0014.1 EAW 00-018-00.DWG I DATE / SHEET FB PG CHEO<ED BY DWG. NO. / '10/01 / 1 OF 1 DJH IR-L-143 J EXHIBIT_ iMMoKALEE ROAD _ ~ FEE SIM~ 1~ST 0 50 1 O0 15C 44 { z_ ~ ;. b..Z~'~ 0 ~_ n ~/~ ioo' ~ . . o~ Notes: NOT TO SCA~: 1. ~is is not o survey. 2. Basis of bearing is 5. Subject to easements, reservations and restrictions of record. DESCRIP~ON: ~e Northerly 79.18 feet, of the West 100 feet of the East 460 feet of the No~heost 1/4. of the No~hwest 1/4, of s~ .~-. ~,.. the Northeast 1/4, less the No~h 100 DASD J ~Y P-S feet pre~ously dedicated for State Highway ~. uc. NO. 58~ ~8~6, Section 29, Township 48 South, NOT V~D ~T~E ~A~ ~D Range 27 East, Collier County, Rorida. ~[ ORI~NAL RAIS~ ~L ~ A ~IDA Containing 0.182 acres more or less. uc~ ~R~OR ~D M~P~ SKETCH AND DESCRIP~ON ~TE~ ~ ASSOCIATESI ' ' I I ~mc. ENGINEERS, SU~ORS ~O P~NE~ I tEC 17 2002 3506 ~C~GE A~. ~S,. ~ 341041 (941) 643-2~04 F~ NO. (941) 643-5173I ~ORIDA BUSINESS UCENSE NO. ~5770 ~ i oo-o -oo. w I I EXHIBIT A ~oo' R/~ F~ SlM~ 29 30' E×CEp'RON n n 26 0 50 100 15C o o o~ ~d ~d o 0 ~ ~ ~360' 1. ~is is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of o record. DESCRIPTION: NOT TO SCALE: The Northedy 79.18 feet. together with the Southerly 10.00 feet, of the Northerly 89.18 feet, of Northeast the Easterly 30.:3.99 feet, of the East 360 feet of the Quarter of the Northwest Quarter, of the Northeast DAVID J. HyA"r'r, P.~l. (FOR THE F1RM) Quarter less the East 30' feet, and the North 100' FLA. MC. NO. 5834- feet. Section 29, Township 48 South, Range 27 East, NOT VAUD WITHOUT THE SIGNATURE AND Collier County, Florida. Containing 0.670 acres more or THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER less. SKETCH AND DESCRIPTION ~, ~, ,~ WlLKISON ENGINEERS. SURVEYORS AND PLANNER~; EC 17 2002 5506 EXCHANGE AVE. NAPLES, FL~ ,3410{ (941) 643-2404 FAX NO. (941) 643-517~ FLORIDA. BUSINESS UCENSE NO. LBS?70 I AS NOTED 29/48/27 0014.1 EAW I O0-O18-O0.DWG I DA11[ SHEET FB PG CHECKED BYI DWG. NO. 10/01 1 OF 1 DJH I IR-L-146 REUSED 4-/30/02 EXHIBIT /~ IMMOKA~o _.__ - FEE SIMPLE ~ ~~6 INTEREST 0 50 1 O0 150 NOT TO SCALE: Notes: 1. This is not a survey. DESCRIPTION: 2. Basis of bearing is The Northerly 189.18 feet of the East 30.00 3. Subject to easements, feet of the Northwest 1/4, of the Northeast reservations and restrictions of 1/4, of the Northeast 1/'~, less the North record. 100.00 feet previously dedicated for State Highway //846, Section 29, Township 48 // // South. Range 27 East. Collier County. Florida. ~: 2/ // Containing 0.061 acres more or less. ~A~D':~. HY~, P.S~(~ ~E RRM) F~. UC. N~. 5834/ NOT VAUD ~OUT ~E ~A~RE ~D ~E ORIONAL RNSED ~ ~ A ~IDA M~NSED SUR~YOR ~D M~P~ SKETCH AND DESCRIP~ON ~ASSOCIATES N~ ~ ~ ~~Nc. aJ ~NO,N~ERS. SURV~ORS AND ~o~ ~c~.o~ *~....~s, ~ ~,o.~ EC 1 7 2002 (941) 643--2404 r~ NO. (941) 6'3-5173[ 2X SCALE ~ SEC/SUB W.O. NO. [ DRA' BY AS NOTED 29/48/27 0014.1 [ EAW I~7A.D~ DA~ ~ SHEET ~ PG[ CHE~ aY D~. NO. REUSED 4/~0/0 02~02 ~ 1 OF 1 DJH IR-L-147A ROAD ._---- FEE SIMPLE ~ INTEREST 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. DESCRIPTION: 2. Basis of bearing is N/A. The NortheHy 179.18 feet of the West 30,00 feet of the Northeast 1/4, of the Northeast 3. Subject to easements, reservations and restrictions of 1/4, less the North 100.00 feet previously record. dedicated for State Highway #846, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.055 acres ¢:::;>T,,///.~/~ more or less. ~../~ /~ DAVID J,' H~ATI', ~5.M. (FOR THE FIRM) FLA. UC. ,1~O. 5~3'4 NOT VAMD ~'i~0OT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION WILKISON )CIATE: ENO, NEE.S. SU.VE O.S C 1 7 2002 3506 EXCHANGE AVE. NAPLES, FlA. 341~ (941) 643-24,04. FAX NO. (941) 643-51; FLORIDA BUSINESS UCENSE NO. LB577(: SEC/SUB 'a/.O. NO. DRAWN BY I SCALE F]LE N. l AS NOTED 29/48/27 0014.1 RAW 147B.DWG I ~ SHEET I F'B PG CHECI(ED BY DWG. NO. 4,/3O/O21 02/02 1 OF 1 DJH IR-L-147B REVISED mo' R/~ FEE SIMPLE INTEREST o · O.R. 797. t~* .~ i Z Ld LINE TABLE LINE LENGTH BEARING L1 100.04 NO2"20'OO"W L2 760.18 N86"O2'OG"E L3 79.21 NO2'16'54"W L4 495.82 N86'O2'O6"E t L5 79.21 NO2'21'11"W L6 495.91 N86°O2'O6"E NOT TO SCALE Description: A portion of Section 29, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast Corner of said Notes: Section 29; thence South 02'20'00" East, along the East line of said Section 29, for a distance1. This is not a survey. of 100.04 feet, to a point on the Southerly Right.-of-Way Line of State Road #846 2. Basis of bearing is state plane (Immokalee Road); thence South B6'02'06" coordinates, Florida East Zone. West, along said Southerly Right-of-Way line, for a distance of 760.18 feet, to the Northeast Corner of the Lands described in the Official 5. Subject to easements, reservations and Records Book 797, Page .346, of the Public restrictions of record. Records of Collier County, Florida, and the POINT OF BEGINNING of the herein described 4. P.O.C. = Point of Commencement parcel; thence South 02'16'54" East, along the P.O.B. = Point of Beginning Easterly Boundary of the said Land Described, D~/ for a distance of 79.21 feet; thence South 86'02'06" West, for a distance of 495.82 feet, ~AVID J. HY~f, p..~)~. (FOR THE FIRM) FLA. UC. NO. 583&/ to a point on the Westerly Boundary of the NOT VAMD WITHOUT THE S~GNATURE AND Land Described In Official Records Book 797, THE ORIGINAL RAISED SE. AL ~ A FLORIDA Page 346, of the Public Records of Collier UCENSED SURVEYOR AND MAPPER , County, Florida; thence North 02'21'11" West, - along the Westedy Boundary of the said Land SKETCH AND DESCRIPTION for a distance of 79 21 feet to a ! ~~ Wlivl~'~ point on the said .s,o.u~.herly right-of-way hne; ~~IIIII~ASSOCIATE~_ - thence North 86'02 06 East, along said · ~ ~ ~INC-- ' southedy right--of-way line, for a distance ofENGNEERS SURV ORS AND P "Nt D g 1 7 2002 495.91 feet to the POINT OF BEGINNING; 3506 EXCH,~NGE AVE. NAPLES, FLA. 341~ Containing 0,901 acres, more or less. (9a, 1) 643-2404 FAX NO. (941) 643-517~ FLORIDA BUSINESS LICENSE ~0. LB577~. pa 7/ [_ SCALE SEC/SUB W,O. NO.I DRAWN BY FILE N~-.~'~ -: -- lAS NOTED 29/48/27 0014.1 I EAW O0-018-O0.DWG ~ DATE SHEET FB P6 I CHECKED BY DWG. NO. EXHIBIT A FEE SIMPLE IMMOKALEE ROAD INTEREST S.R. 846. 100' ~- . o~' < C~ NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 660', of the Northwest quarter of the Northeast quarter of the Northeast quarter, Range 27, East, Collier County, ?lorida. Containing 0.182 acres, more or less. o^~O J. HY/~yr, ~.S)~. '(~0~ TH£ ~R~) F-LA. UC. NO. ~ N NOT VAUD ~T ~E ~GNA~RE ~D ~E ORIGINAL RN~ S~ ~ A ~IDA UC~SED SUR~OR ~O M~P~ SKETCH AND DESCRIP~ON  WILKISON ~ ~ TLS EN~NEERS, sUgaRS ~D P~N~S (941) 64~--2~4 F~ NO. (941) 643-5173 DEC 1 7 2002 ~ORIDA BUSIN~ UC~SE NO. ~5770 lAS NOTED 29/48/27 0014.1 EAW J 00-018-00. ~ .... - 0 50 100 150 J/ OA~ SH~T ~ PG CHEWED BY Il D~. NO. J lU bt OK ALEE.....__R 0 AD..~- FEE SIMPLE S.R. 846 II~rEREST 0 50 1 O0 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 4. *Descriptions provided did net make note of Right-of-Way exception. 100' 460' Description: The West 100 feet of the East 4.60 feet of the NOT TO SCALE: North 1/2 of the Northeast 1/4. of the Northeast 1/4.. Section 29, Township 48 South, Range 27 East,C>~-//. '~ / or less. ~A~D J. ~A~, P~. (FOR ~E RRM) ~. UC. NO. 583~ NOT VAUD M~T ~E ~A~RE AND ~E ORIGINAL RAISED ~ ~ A ~IDA U~NSED SUR~ AND M~P~ SKETCH AND DESCRIP~ON ~~ WILKISON ~ ;EN~IT~ ~ASSOCIATES ~ ~ ~~NC~ (~41) fi43-2~04 F~ NO. ~941) 64~-517~ ~ORIDA BUSINESS ~CENSE NO. ~5770 ~ -~ rILE NA~E i~ ,o~1~/~/~q oo,~., RE~ 5 ~/02 10 O1 1 OF 1 ,~,~o~1 / I I I "°" I '"-~-~' EXHIBIT ~oo' IMMOKALEE ROAD FEE SIMPLE - S.R. 846 INTEREST 0 50 100 150 ( Notes: 1. This is not a survey. 2. Basis of bearing is N/A. ~ 3. Subject to easements, :) reservations and restrictions of q record. 36o' ~ D~scription: The West 100 feet of the East ,360 feet of the ---NOcT 70 ~iCAJ~E: North 1/2 of the Northeast 1/4 of the Northeast 1/4, Less the North lOOft of Right of Way. Section OAVID J. HYA OR THE FIRM) 29, Township 48 South, Range 27 East, Collier FLA. UC. NO'.~ 5834/ County, Florida. Containing 1.,327 acres, more or NOT VAUD WITHOUT THE SIGNATURE AND less. THE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON ~ AG' T,E" ENGINEERS, SURVEYORS AND PLAN .'RS ----J - · 350.6 EXCHANGE AV~. NAP. LES.. FLA. 3 r04L]J:.U I7 20'3' 2 (,g41) 64,3-2404 FAX NO. (9¢1) 643-; 17,3 J - FLORIDA BUSINESS liCENSE NO. LB5; 70 EXHIBIT -"- FEE SIMPLE IMMOKALEE ROAD INTEREST 230'---J 260"-' J · ~ NOT TO SCA~: Z~ J ' Notes: 1. This is not o survey. 2. Basis of bearing is N/^. 3. Subject to easements, reservations and restrictions of record. Description: The Northedy 79.18 feet of the West 250 feet, of the East 260, feet of The North One-Half of the Northeast One-Quarter of the Northeast One-Quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.418 acres, more or less. ~IAVID J.' H~F~TI', .1~;.'~. (FOR ]]-IR FIRM) N THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION [ AG~I ~~I~ WILKISON ~Ic No.-- ~IIM~ AS S 0 C IATE$ n, 2002 ENGINEERS, SURVEYORS AND PLANNEI~S 3506 EXCHANGE AVE. NAPLES, FLA. 34.1C~1. (94.1) 643-2404. FAX NO. (941)643-517;~ _ /.~ FLORIDA BUSINESS UCENSE NO. U35770 ~ { SCALE SEO/SUalW. O. NO.I DRAWNBY FILENAME I 0 50 100 150 I DATE SHEET FB PG I CHECKED BY DWG. "0. I  IMMOKALEE ROAD -- FEE 81MPLE S.R.---846 INTEREST Sores: Description: 1. This is net e survey. A portion of Trect 8, Golden Gete Estates, Unit 20, eccording to the plot thereof es recorded in Plat Book 7, 2. Besis of beering is Page 80 of the Public Records of Collier County, Florida, plat. being more particularly described as follows: 3. Subject to easements, Beginning at the Northwest Corner of said Tract 8; thence reservations and North 86'50'45" East, along the Northerly Boundary of said restrictions of record. Tract 8, for a distance of 382.18 feet, to the Northeasterly Corner of said Tract 8; thence South 4. All dimensions are plat 00'19'10" West, along the Easterly Boundary of said Tract unless otherwise noted. 8, for a distance of 79.65 feet; thence South 86'50'45" West, for a distance of 273.63 feet; thence South 03'09'15" East, for a distance of 19.75 feet; thence South 86'50'45" West, for a distance of 107.19 feet, to a point on the Westerly Boundary of said Tract 8; thence North O1~5'50" West, along the Westerly Boundary of said Tract 8, for ~ distence of 104.71 feet, to the POINT OF BEGINNING; Conteining 0.767 ecres, more or less. 0A~D J. HYA~ P.~.M~ ~E RRM) NOT V~D ~T ~E ~A~RE AND N ~E ORI~NAL RAISED S~ ~ A ~IDA ~~ WILKISON A Ni~ ~ASSOCIATES ENGINEERS, sUgaRS ~D P~NERS DEC 1 7 2002 (941) 643-2~4 F~ NO. (941) 643-5173 ~ORIDA BUSINE~ UC~SE NO. ~5~0 0 50 100 150 [ DAm I SHEET Fa P9 IMMOKALEE ROAD FEE SIMPLE ~ INTEFIEST S.R. 84-6 0 50 100 150 Notes: 1. This is not a survey, 2. Basis of bearing is plat, 5. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plat unless otherwise noted. 5. U.E. Represents Utility Easement. Description: The Northerly 525.89 feet of Tract 9, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. FLA. UC. NO. 5834 NOT VALID W~THOUT THE SIGNA'RJRE AND THE ORIGINAL RAISED SEAL 0~ A FLORIDA UCENSED SUR~c-YOR AND MACPER SKETCH AND DESCRIPTION ASSOCIATE~ ENGINEERS. SURVEYORS AND PLANNEI~S 3505 EXCHANGE AVE. NAPLES, FLA. 34104 (94,) 643-2,o, r,x No. (9~,) 6,3-s,~-~ C ! 7 2002 FLORIDA BUSINESS lICENSE NO. La577q SC^LE SEc/SUB I W.O. NO. I D.^WN BY I F~LE N~ME AS NOTED .J EXHIBIT iMMOKA.___LEE ROAD ------------' S.R. 84-6 Notes: 1. This is not a survey. 2. Bosis of beoring is ~ ~ 165.00' plot. .3. Subject to easements, reser¥otions ond restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 94.3§ feet of Westedy 165.00 feet of Troct 21, Golden Gate Estotes, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of DA~D J. H~, P.~(F~ ~E RRM) Collier C~nty, ~orida. Containing 0.359 acres, more ~. uc. Nd. 583~-- or less. NOT VAUD ~O~E ~A~RE ~D N ~E ORI~NAL RN~D S~ ~ A ~IOA U~ SUR~OR ~D M~P~ SKETCH AND DESCRIP~ON ENGINEERS, SUR~O~ ~D P~N~S DEC 1 7 2002 3506 ~C~GE A~ ~S, ~ 34104 (9~1) 643-2~4 F~ NO. (941) 645-5175 ~ORIDA BUSINESS UCENSE NO. ~770 0 50 1 O0 150 DA~ J ~EET ~ PO CHE~ BY D~. NO. 01/02 I 1 OF 1 DJH IR-L-158A EXHIBIT_ ._ _ -- FEE SIMPLE iMMOKALEE RO~AD - INTEREST -------------- S.-~,_- 846 1' ..... '5' E 330.6 .' ~-- - ~ /~.EASEMEN Notes: o 1 This is not e survey. O ' ~ 2. B~sis of beering is ~ ~ 165.00' plot. 3. Subject to e~sements, reserwtions end restrictions of record. 4. All dimensions ere plot unless otherwise noted. Description: The Northerly 94.55 feet of Tract 21, Less the C~J/~'///~ ~'////'''' Westerly 165.00 feet Thereof, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of DAV1D J. H~I~TT, P,,~I. (FOR ll-tE FIRM) the Public Records of Collier County, Florida. FLA. UC. NO. 58.~V Containing 0.35t~ acres, more or less. NOT VAIJD WlTH(XJT THE SIGNATURE AND THE ORIGINAL RAISED SEAL 0¢ A FLORIDA UCENSED SURYEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKiSON &: W W INC. ~ ENGINEERS, SURVEYORS AND PLANNERS FLORIDA BUSINESS UCENSE NO. LB5770 I SCALE SEC/SUB W.O. NO. DRAWN BY J FIll'NAME lAS NOTED GGE 20 0014.1 EAW I O0-018-O0.DWG '"; 0 50 100 150 I DAlE SHEET FEi PG CHECKED BY I DWG. NO. I J 01/02 1 OF 1 DJ" I ,R-L-158B EXHIBIT FEE SIMPLE INTEREST IMMOKALEE ROAD~ ~ S.R. 846 N 86'50'45"~ S 86'~ 283.47' f SB61~,54'45"W ~(33'09'1.5'ESO~o. O0, 37 36 ' ~ H.A. sTREET H.A. sTREET ~ O.R. 1954', PGS. 5B6-592 0.~. 1@54-, ~G$- 5g~-5~2 :- Description: A portion of Tract 56 and Tract 37, Golden Gate Estates, Unit 20, according to the plat thereof as Notes: recorded in Plat Book 7, Page 80 of the Public Records of Collier County, Florida, being more 1. This is not a survey. )orticutarly described as follows: 2. Basis of bearing is Begin at the Northwesterly Corner of said Tract 36; plat. thence North 86'50'45" East, along the Northerly Boundary of said Tract 36 and Tract 57, for a 3. Subject to easements, distance of 661.22 feet, to the Northeasterly Corner reservations and of said Tract 37; thence South 00'19'10" West, restrictions of record. along the Easterly Boundary of said Tract 37, for a distance of 70.19 feet; thence South 86'50'45" 4. All dimensions are plat West, for a distance of 269.97 feet; thence South unless otherwise noted. 05'09'15" East, for a distance of 20.00 feet; thence South 86'50'4.5" West, for a distance of 109.54 feet; thence North 05'09'15" West, for a distance of 5.00 feet; thence South 86'50'45" West, for a distance of 283.47 feet, to a point on the Westerly Boundary the WesteHy Boundary of said Tract 36, for a distance of 94.58 feet, to the POINT OF BEGINNING; ~)AVID J. H~TT, P.S.I~/(I~OR THE FIRM) Containing 1.282 acres, more or less. FLA. UC. NO, 5834 NOT VAUD WtTHOUT~THE SIGNATURE AND N THE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION Wl LKISON & NC.i I , ENGINEERS, SURVEYORS AND PLANNERS ! ~ ~. ' 3508 xcu cE ^vE. ! (941) 643-2~4 f~ NO. (9~1) 643-5173 I DEC 1 7 2002 ~ORIDA BUSINGS UCENSE NO. ~770 SEC/SUB I W.O. NO. ~ DRA~ BY I ~ N~E ~ SCA~ I __ 0 50 100 150 DA~ ] SHEET ~ PC CHEWED BY 0~. NO, I 10/01 ] 1 OF 1 DJH IR-L-159 EXHIBIT ~ ----' FEE SIMPI.~ INTEREST IMMOKALEE ROAD -- -------------- S.R.~ 84.6 , , Z ~' O.R. 2399, PG. 2684' '~. · o 0o o No[es: 1. This is not a survey. 2. Bosis of bearing is plot. 3. Subject to eosements. reservations ond restrictions of record· 4. All dimensions are plot unless otherwise noted. Description: The ,orthed, 79.45 feet of Tract 52, Golden Gate Estates, Unit 20. os Recorded in Pl~t Book 7, Poge 80, of the Public Records of Collier County, Florida. ~A. U-'4f~C,~. ~_.'P'¢ (F~ ~ RRM) Contoining 0.603 ecres, more or less. 5 NOT VAUD ~T ~E ~A~RE N ~E ORIGINAL RAI~D SE~ ~ A ~IDA U~NSED SUR~YOR ~D SKETCH AND DESCRIP~ON ~*SSOCIATES I ENGINEERS, SU~ORS AND 3506 ~C~N~E A~ ~, ~ 34~04 I (9~) ~3-2404 F~ NO. (~) ~3-5~73 ! DEC 1 7 2002 - I Is c''u" EXH rr/ ,- P~ '7'! ~1' 1'/' ~ '-- ~ FEE SIMPLE iMMOKALEE ROAD _ - INTEREST --------- -- S.R. 846 N 86'50'45" E 165.30'L -.~._--~'~T~ "~-~ 68. 1 68 ~ t .~p,/~C~ 68 Notes: 1. This is not (3 survey. 2. Basis of bearing is pier. 3. Subject to easements, reservations and restrictiohs of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of the West One-Half of .z"~ . /...'~/~ Tract 68, Golden G(3te Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of 'bA¥1D ;J. h~A~ ~ (F~ ~E RRM) Collier County, Florida. Containing 0.301 acres, more ~ uc. NO. or tess. NOT V~D ~m~T ~E ~A~RE AND N ~E ~I~N~ RN~ SE~ ~ A ~IDA U~ ~R~YOR ~D MAPP~ SKETCH AND DESCRIP~ON ~~ WILKISON ~ ,_. ~ASSOCIATES r o~~T~ ~ ~ INC. ENGINEERS. SU~ORS ~D P~NERS 3506 ~C~GE A~ ~, ~ ~1~ , (941) 6~-2~4 F~ NO. (9~1) 6~-5173 ; DEC1 72002 · ORIDA BUSIN~ UCENSE NO. ~770 0 50 100 150 I DAm I mE~ m PO mE~ BYI D~. NO. I I I EXHIBIT..~_ ~MMOKALEE ROAD ~ __ FEE SlMPt.~ -------'-'----- S.---R. 846 INTEREST B6'50'45" E 30.61' ~ ~ -- 6 UT~L "YEAS n-~- LEWIS R. KING Notes: 1, This is not o survey. 2. Besis of beorincj is plot. 3. Subject to eosements, reservations end restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 79.43 feet of Troct 69, Golden Gore Estotes, Unit 20, es Recorded in Plot Book 7, Poge ConteininG 0.603 ocres, more or less. R D N ~E ORI~N~ RN~D ~ ~ A ~IDA MC~SED ~R~Y~ AND SKETCH AND DESCRIP~ON ~~ WILKISON ENGINEERS, SU~ORS ~D P~N~S ~ (941) 643-2~4 F~ NO. (9~1) 643-5173 I ~o,,~. ,~,.~s~ ~s~ ~o. ~o I BEC 17 - ~ ~o~ ~ ~o,' oo,,~, ~w oo-o,~-oo.~w~ EXHieiT_ _ ~ ~ FEE SIMPLE .~. KATHERINE cREVIER ROBERT C. CREVIER O.R. 2124, PG. 1828 o Notes: 0 CO 1. This is not o survey. 2. Basis of bearing is plot. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly79.43 feet of Tract 84, Golden Got. Estates, Unit 20, os Recorded in Plat Book 7, Page Containing 0.603 acres, more or less. NOT V~D ~~E ~A~RE AND U~NS~ ~R~YOR ~D SKETCH AND OESCRIP~ON ~~ WILKISON ENGINEERS, SU~ORS AND P~NERS )._ 3506 ~C~E A~. ~P~S, ~ 34104 (9~1) 643-2~ F~ NO. (941) 6~3-5173 FLORIDA BUSINESS UCENSE NO. ~5770 I DEC 17 2002 NO. Pa~ 7,4- e{ 7~ FEE SIMPLE iMM__._OKALEE ROAD ~- __ S.R. 846 N 86'50'45' E 330.61' lO0 85 W ORATION LNUT FARMS, iNC. ALNUT FARMS, INC. WA coRPORATION A DELAWARE cORPpG. DELAWARE 3-4 2352, 992 O.R. 1618, pGS. O.R. T" Notes: 1. ]'his is not o survey. 2. Bosis of beorin§ is plot. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: 85, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of bA~4D J. H'Y~)~'r, P..~I."(FOR THE F1RM) Collier County, Florida. Containing 1.205 acres, more FLA. MC. NO~. 583~j~ or less. NOT VAUD WITHOUT THE ~IONATURE AND N THE ORIGINAL RAJSED SEAL OF A FLORIDA UCENSED SUR~'YOR AND MAPPER SKETCH AND DESCRIPTION WILKISON A ~E I! ENGINEERS, SURVEYORS AND PLANNER~ r~r'P { 7 ')f1~19 3506 EXCHANGE AVE. NAPL.~S. FLA. 34104~ L~r'~, I / LU~. AS NOTED GGE 20 0014.1 EAW O0-018-O0.DWG/ 0 50 100 150 DATE SHEET FEi PG CHECKED BY{ DWG. NO. / 10/01 1 OF 1 DJH J R-L-166A J J EXHIarr FEE SIMPLE ~MMOkALEE ROAD ~ ~ ~ S.R. 846 330.61' N E 330.61' N 140 WALNUT FARMS, INC. A DELAWARE cORPORATION tn O.R. 1550, PG. 1,364 00 N o 133 3- 117 o 0 WALNUT FARMS, INC. A DELAWARE cORPORATION O.R. 1550, PG. 1564 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of beoring is plat. 3. Subject to easements, reservations ond restrictions of record. 4. All dimensions ore plot unless Description: otherwise noted. The Northerly 362.98 feet of Tract 117, and the 10.00 feet of the Northerly 99.06 feet of the Easterly 130.37 feet, of Tract 140, Golden Gate DA~ID J~'HY~_, ~:'S.~'(FOR THE FIRM) Estates, Unit 20, os Recorded in Plot Book 7, Page FLA. nc. NO. 5834~' NOT VAED MTHOUT THE S1GNA'I~JRE AND BO, of the Public Records of CoIF ;r County, Florida. THE ORIGINAL RAISED SEAL OF A FLORIDA Containing .3.459 acres, more or less. LICENSED SUR~E:YOR AND MAPPER SKETCH AND DESCRIPTION WIEKISON J& ._l .... ~ AW~;~sK~::;?~ T I~ ....~No.AGI~N?~T'"~) ENGINEERS, SURVEYORS AND PLANNERS mr-i ~506 EXCHANGE AVE. NAPLES, FLA. 34~'104 ur.., 17 2002 (941) 64.3-2404 FAX NO. (941) 643-5~73 FLORIDA BUSINESS UCENSE NO. LB57,0 SCALE SEC/SUB W.O. NO. DRAWN ~Y AS NOTED GGE 20 0014.1 EAW 00-018-0'00:l~'~ DATE SHEET FB PG CHECKED BY DWG, NO. 10/01 1 OF 1 DJH IR-L-166B J EXHIBIT A N FEE SIMPLE ~MMOKALEE ROAD I~REST E 330 - 0 50 100 150 Notes: 1. This is not a survey. r~ 2. Basis of bearing is plat. 03 ,3. Subject to easements, reservations and restrictions of record· · ~ 4. All dimensions are plat unless 0 101 o otherwise noted. DANIEL J' ANDERSEN m ALICE K. ANDERSEN O.R. 953, PG. 1062 Description: The Northerly 362.98 feet of Tract 101, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. DAVID J. IJY~I'. 'Is.~[I~(FOR THE FIRM) FL~. uc. N~. 5834/ NOT VAMD WI~HOU~r 3~IE ~GNA~IJRE AND THE ORIGINAL RAISED ~EAL 0~' A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ASSOCIATI . GE IT.E E,~,EERS. SU,V~ORS ~o ~L,., irs ~so6 ~xc,,,G~ ^vE. ,,e.~s. r~ 3..t0, DEC 1 7 2002 (941) 643-2404 FAX NO. (941) 64,3-,~ 173 FLORIDA BUSINESS MCENSE NO. I_BS; FO AS NOTED GGE 20 0014.1 EAW 100-018~D'-~,'O ~'~ DATE SHEET FB PG CHECKED BYI 0wG. NO. 10/01 1 OF 1 DJH I IR-L-167A EXHIBIT, A IMMO_K^L.L.~.E RO.__QA_D - ~ ~ -- S.R. 846 I ~ ~ o so ~oo 200 ~ O.R. 2226, PG. 0398 I z ~ ~ 50.00" ~ 1. ~is is not ~ survey. 2. Bosis of beorin~ i~ plot. 3. Subject to eosements, reservotions ond restrictions of record. 4. All dimensions ere pier unless otherwise noted. N 89'~'50' W ~e N~h~y gg.06 feet. toge~ ~T V~ ~m~[ a~A~ ~o wl~ ~e ~y 10.~ fee~ of the ~~ ~ ~ N~y 1~.~ fee~ of ~e East~y 1~.14 feet of Tract 141 of SKETCH AND DESCRIP~ON ~ ~te Est~ea Unit 20 as r.c~d.. In Plot .ook 7 .t P.~. 7. W l LKISO N of the Public Recede of Colll~ S OC lATE', ~unty, Bofldo. ~to~g 0.828 INC. .~ m~e ~ le~ ENGINEERS, SU~ORS AND 3506 ~C~GE A~. ~S, ~. 341, [~ 1 ~ ~ (941) 643-2~4 F~ NO. (941) 643-51~ ~ORIDA BUSINE~ UCENSE NO. SCA~ ~C/SUB W.O. NO. DRA~ BY ~LE N~ AS NOrD GGE 20 0014.1 EAW 00-018-~  DA~ SHE~ ~ PG ~ECKED BY D~. NO.  10/01 1 OF 1 DJH IR-L-167B J EXECUTIVE SUMMARY APPROVE THE AWARD AND SUBSEQUENT CONSTRUCTION CONTRACT FOR TIlE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 24.1- MILLION GALLONS PER DAY MAXIMUM MONTH AVERAGE DAILY FLOW, TO LOW BIDDER, ENCORE CONSTRUCTION COMPANY, PROJECT 73950, BID 02- 3418, IN THE BASE BID AMOUNT OF $24,861,000. OBJECTIVE: To increase operational reliability and sewage treatment capacity (fi~om the current 17.6-Million Gallons Per Day (mgd) Maximum Month Average Dally Flow (MMADF) to 24.1-mgd MMADF) at the North County Water Reclamation Facility (NCWRF) to meet Peak Season demands, and to comply with the April 10, 2001 Florida Department of Environmental Protection Agency's (FDEP) Consent Order (CO), and its July 30, 2002 Amendment. CONSIDERATIONS: An April 10, 2001 FDEP CO (BCC approved April 10, 2001, Item 8 (C) (1), later amended on July 30, 2002, Item 16(C)(16)), mandates that Collier County must complete construction of the NCWRF Expansion to 24.1-mgd MMADF by January 1, 2005. This project is deemed eligible by the FDEP to be funded with a low interest rate State Revolving Fund (SRF) loan. On September 10, 2002, the Board approved a resolution authorizing the application for an SRF loan, and the project's Facilities Plan Update, which are commensurate with the FDEP's requirements to obtain the loan. On October 9, 2002, the FDEP elevated this project to the SRF fundable portion of their project priority list. The final SRF loan application will be submitted to the FDEP subsequent to the Board's approval of the low bidder, and the succeeding construction contract for this work. On November 7, 2002, five bids were opened for the above project, and the results are as follows: Bidder Base Bid Alternate Bid Encore Construction Company $24,861,000 $24,861,000 Westra Construction Corporation $25,651,245 $24,741,850 Beers Skanska Inc. $26,666,173 $25,550,790 The Poole and Kent Company $27,864,000 $28,252,500 Astaldi Construction Corporation $31,604,184 $30,048,842.10 Our engineering consultant, Hazen and Sawyer, P.C. (H&S), and staff have evaluated the bids. Encore Cc retraction Company is the apparent lowest, responsive, responsible bidder. H&S has checked their references and the results are satisfactory. Therefore, H&S and staff recommend award of the base bid to Encore Construction Company in the amount of $24,861,000. H&S' recommendation letter dated November 20, 2002 and the bid tabulation are attached. The engineer's estimate for this project was $27,000,000 to $29,000,000. In addition to the base bid, one bid alternate was included which adds 180 days to the construction substantial completion time. H&S and staff have evaluated this item, and jointly O£C 1 7 Approve Award And Subsequent Construction Contract For The NCWRF Expansion To 24. Imgd MMADF Page 2 of 2 ..... concluded that there are no economic benefits or other justifiable needs to include the bid alternative in the bid award. Therefore, the award will be based on the base bid only. FISCAL IMPACT: Funds in the amount of $24,861,000 are specifically budgeted for this work in Project 73950, NCWRF Expansion To 24.1-mgd MMADF. Source of funds is Sewer Impact Fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater demands in the County's north service acea, and is consistent with the 2001 Wastewater Master Plan adopted by the Board on 12/11/01, Item 8A. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the award and subsequent construction contract (upon the FDEP's final loan approval) to Encore Construction Company, and authorize the Chairman to execute the standard County construction agreement after approval by the County Attorney, for the NCWRF Expansion To 24.1-mgd MMADF, Project 73950, Bid 02-3418, in the amount of $24,861,000. PREPARED BY: Peter Schalt, PMP, Interim Principal Project Manager ....... Public Utilities Engineering Department REVIEWED BY: ~ '~ ~ DATE: ,z,?~ /~ ~ Ro~. Anderson, P.E., Director Ptfblic Utilities Engineering Department Purchasing/General Services Department Jos~dph Cheatham, Wastewater Director Public Utilities ~ lp J[~'~ W. DeLony, P.E/Administrator ..ic Utilities Division AGENDA IT£~ .o._ iOC- ,, 13EC 1 7 2002 HAZENAND SAWYER HazananOSawver, P.C. 2101 Corporate Blvd. Boca Raton, FL 33431 Environmental Engineers & Scientists P.'U. E.D. 561997-8070 Fax: 561997.8159 November 20, 2002 Mr. H. Peter Schalt, PMP, Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H Naples, Florida 341 12 NCWRF Expansion to 24.1 MGD - Liquid Stream Recommendation to Award Construction Contract Dear Mr. Schalt: The Collier County Purchasing Department received and opened bids for the above-referenced project on November 7, 2002 at 2:30 p.m, A total of five (5) bids were opened and read aloud. Attached is a tabulation of all bids received. Each Bidder's Proposal includes a Base Bid Price and an Alternate Bid Price. The Base Bid Price is based on a 24-month duration to substantial completion in order to meet the current FDEP Consent Order deadline of January 1, 2005. The Alternate Bid Price is based on a 30- month duration to substantial completion and was requested based on the County's recent request to FDEP to extend the Consent Order deadline to January 1, 2006. Since the County has not received a written response from FDEP to extend the Consent Order deadline, award of the contract should be determined by the Base Bid Proposals. According to our review of the Bid Proposals, including the Contractor Qualification Proposal Forms, we consider Encore Construction Company to be the lowest responsive, responsible bidder ur~der the Base Bid condition. Note that the electrical subcontractor included in Encore Construction's Bid Proposal, All Florida CO-OP, does not have the necessary experience on projects of similar size and scope and, in our professional opinion, are not qualified to perform the electrical work included in this project. Encore Construction has indicated in writing that they will substitute a qualified electrical subcontractor at no change to the Bid Price. In accordance with Page WS-P-4 of the Bid Proposal, the County intends to require that Encore Construction substitute a qualified electrical subcontractor subsequent to Contract Award. As such, we recommend award of the Collier NCWRF Expansion to 24.1 MGD - Liquid Stream contract to the apparent Iow bidder, Encore Construction Company, for the Base Bid Price of $24,861,000.00. Note that the Engineer's estimate for this project was $27,000,000 to $29,000,000. Boca:40408L017 ~ DEC 1 7 2002 New York. NY. Arm0,k. NY. Wo0dbury, ~IY. Uooer Sa{Idle Riva', NJ. Oetr0i,, MI · Raleigh, NC.Charlotte, NC. Faidax, VA. Holly~00d. ,L. 80~a Rat0n, FL. Fon Pierce. FL .[?,~,~'~1 Mr. H. Peter Schalt, PMP November 20, 2002 Page 2 of 2 We appreciate the opportunity to assist the County with this important project. Please call if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager c: Albert Muniz Gary Bors File 40408 - 6.0 d ~ D DEC 1 7 2002 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.838/AR-3388 "RON BEAVER COMMERCIAL EXCAVATION", LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28, EAST; BOUNDED ON THE NORTH BY 31sT AVENUE NE RIGHT-OF-WAY, ON THE WEST BY DESOTO BLVD. RIGHT-OF-WAY, ON THE EAST BY VACANT AGRICULTURE ZONING, AND ON THE SOUTH BY VACANT ESTATES ZONING. OBJECTIVE: To issue a Commercial Excavation Permit to Ron Beaver for the project known as "Ron Beaver Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The petitioner proposes to haul 52,247 C.Y. of fill offsite which requires a Commercial Excavation Permit. This Excavation Summary has been reviewed and approved by Transportation Services. FISCAL IMPACT: The Community Development Division has received $1,065.00 in revenues broken out as follows: Application Fee: $850.00 Permit Fee: $215.00 Total: $1,065.00 Prior to permit issuance a Road Damage Fee in the amount of $2,456.00 will be paid to the Transportation Department. GROWTH MANAGEMENT IMPACT: NONE HISTORIC/ARCHAEOLOGICAL IMPACT: NON E Ac.,a~ ~F.J~J EAC RECOMMENDATIONS: DEC 1 7 2002 No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: (See Attachment: Conditions for Ron Beaver Excavation) ENGINEERING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.838/AR- 3388" Ron Beaver Commercial Excavation" with the following stipulations: 1 ) All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. 2) All conditions for Ron Beaver Excavation CU-2002-AR-2366 shall be adhered to. 3) If trees are to be removed as a result of the hauling operations, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 4) Off-site removal of material shall be limited to 52,247 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). PREP~~/~ steph~n-'$e~l','~':ts.;- - ~' ~ DA1''E'I'- Senior Engineer THOMAS E. KUCK, P.E. DATE ENGINEERING SERVICES DIRECTOR APPROVED BY: DATE/. mental Svcs. Administrator DEC 1 7 2002 L~6 '-~6 '~I'S DEC 17 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS LNVOL~NG OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Condit/ons" are to provide excavation permit applicants a sununary of conditions which may affect theft- projects and which should be taken into cons/deration during all stages of project developmlmt: 1. Haul mums between an excavation site and'an arterial wad shall be private w/th property owner(s) approval or be a public collector road built to standards applicable to hsndle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and b/kcpath shall be requ/red as minimn! site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Admin/suafion reserves the fight to suspend or prohibit off-site removal of excavated m=,erial should such removal create a hazardou~ road condition or substantially deter/orale a road cond/fion; such action by the Transportation Serv/ces Adm/n/strat/on shall be subject to appeal before the Board of County Commissioners. 2. Haul mutes utilizing public road~ shall be subject to mad maintenance and mad repair or an appropriate fair sha~e by the perm/nee in accordance w/th Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated mater/al shall be subject to Ord/nance No. 92-22 (Road Impact Ordinance). A U'affic and road impact analysis shall' be made by the County to dete~,-ine the effec~ that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. ' 4. The T~on Services ~Adn~tistration reserves th~ fight to establi~ emet~ms~y wei_oht limits on public roadways ~ by the off-site removal of excavated maizrinl; the procedure .for establishment of weight limits shall be the presantntlon of an applicable resolution before the Board of Cotmty Commiasion=~ Should weight limits I~ instinmi, the pmnittee shall be respons/ble to implement me~smu to assure that all hesvy tru~ loadings leaving the permit's property conform to the applicable weight restriction. S. The Excavation Perfolman~ ~ ~ ~ly to ~ ~ ~ ~~ DEc I ? 2002 6. Based on soil bonng information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner r~lease as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities ar~ creating unacceptable off-site conditions either in terms of private property damage and/or r~tated physical effects of blasting operations. ~-. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to let~,r of 5/24/88 Revised 1/13/98 A~A ITEM DEC 1 7 2002 CONDITIONS FOR RON BEAVER EXCAVATION CU-2002-AR-2366 1. The conditional use approval to allow a lake excavation is limited to the site plan identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received April 12, 2002", except as augmented by the two enlargement detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned below. 2. The owner must submit wetland jurisdictional determinations prior to or simultaneously with the Vegetation Removal & Site Fill (¥RSF) application. If jurisdictional wetlands are within the lake excavation and maintenance area, agency permits shall also be submitted with the VRSF application. 3. Littoral plantings -- Two percent of the total area of the lake at control elevation must be planted between two feet below wet season water table to one foot above WSWT. The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be approximately 0.06 acres in area. 4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC that requires all development to stopped if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery. Further compliance requirements are contained in the above-cited section. 5. Prior to excavation commencement, the applicant must seek and receive approval for an excavation permit from the Board of County Commissioners in compliance with LDC Section 3.5. ' a. As part of the excavation permit submittal, the owner must provide stormwater calculations signed & sealed by a Florida professional engineer; b. The proposed lake must be redesigned in compliance with LDC Section 2.8.4.7 to provide sinuous shorelines; and c. Excavation permit plans must be modified to show a wet season water table to dry season water table fluctuation of six feet. d. Additional conditions or stipulations may be included as part of the review of the excavation permit application. e. The applicant must pay all excavation related fees as enumerated in' LDC Section 3.5.9. DEC 1 7 2002 G:~Cu~ent~elem~Condifional U~s~Beaver CU-2002-AR-23~Condifions for Ron Beaver Ex~vaa~ 2.doc Page, of 2 6. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102).. 7. This Conditional Use shall expire 12 months after the date of issuance of the Clearing Permit. 8. Blasting is prohibited. 9. The excavation depth must not exceed 20 feet below original grade. 10. Off-site removal of the excavated material may be subject to the additional conditions as deemed appropriate by the Transportation Services Division. These conditions will be determined and refined as part of the Excavation Permit review process. 11. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 12. The applicant must obtain a clearing permit pdor to any on-site clearing. Revised: 10/2/02 CU-2002-AR-2366 Exhibit C DEC 17 2002 G:\Current\Deselern\Conditional Uses\Beaver CU-2002-AR-236~C<mditions for Ron Beaver Ex~vaU~ 2.do~ F~s~ - ' - - EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Board of County Commissioners Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr. CONSIDERATION: On or about December 11, 2000 the services was rendered to correct violation of Ordiance No. 99-51 of the Collier County Land Development Code. On December 14, 2000 a copy of the invoice for One Hundred Fifty Five Dollars ($155.00) was sent to Mr. Carlton. The Affidavit/Claim of Lien for Unpaid Nusance Abatement Service in the amount of One Hundred Fifty Five Dollars ($155.00) dated March 15, 2001 was recorded in the Official Records Book 2792, Pages 0789, et. seq. On November 17, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMME~ATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. Shanelle Hilton / Jane~ Powers, Operations Manager t ~ SUBMTYYED BY: ..... - ~ Date: t1' i,~. o%. C~:leMichelle Arnold, C Enforcement Director APPROVED BY:://~'~-~~'~g~ Date: /.a-//~/~,~.-- K. Schmitt, Administrator This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Hundred Fifty Five Dollars ($155.00), arising out of the Board of County Commissioners Affidavit/Claim of Lien for Unpaid Nuisance Abatement Services, Case No. 2000100019 dated March 15, 2001, recorded in O.R. Book 2792, Pages 0789, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Philip Carlton, Jr. has been satisfied in full. PALM EST S 150FT OF LOT 10, Immokalee Florida Folio No. 0000064920800009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Philip Carlton, Jr., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer N~ ~C~I~ Assistant County Attorney DEC 1 7 2002 P~. ~ EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OB~IECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/11/02 b. Notice of Violation served 07/30/02 2002070400 Ganip Corp. c.Notice of Violation Posted n/a $255.00 d. Unabated nuisance verified 08/06/02 e. Nuisance abated with public funds 08/14/02 f. Owner invoiced for costs 08/20/02 a. Violation determined 07/09/02 b.Notice of Violation served 07/30/02 2002070253 Gray, Charlie Mae, (aka) c. Notice of Violation Posted 08/01/02 $255.00 Black, Charlie Mae & d. Unabated nuisance verified 08/15/02 Willie J. e.Nuisance abated with public funds 09/07/02 f. Owner invoiced for costs 09/23/02 a. Violation determined 11/20/00 b.Notice of Violation served 11/25/00 2000110699 Hopkins, Claude & Sheila c.Notice of Violation Posted n/a $255.00 A. d. Unabated nuisance verified 12/14/00 e.Nuisance abated with public funds 01/07/01 f. Owner invoiced for costs 01/23/01 AGENI:)A DEC 1 7 2002 a. Violation determined 11/20/00 b. Notice of Violation served 11/23/00 2000110697 Hopkins, Claude & Sheila c.Notice of Violation Posted n/a $255.00 A. d.Unabated nuisance verified 12/14/00 e.Nuisance abated with public funds 01/07/01 f. Owner invoiced for costs 01/23/01 a. Violation determined 05/09/01 b. Notice of Violation served no green card $255.00 2001050445 Hopkins, Claude & Sheila c.Notice of Violation Posted 05/31/01 A. &Unabated nuisance verified 06/11/01 e.Nuisance abated with public funds 06/17/01 f. Owner invoiced for costs 06/28/01 a. Violation determined 05/09/01 b.Notice of Violation served unclaimed 2001050441 Hopkins, Claude & Sheila c.Notice of Violation Posted 05/31/01 $255.00 A. d. Unabated nuisance verified 06/11/01 e.Nuisance abated with public funds 06/17/01 f. Owner invoiced for costs 06/28/01 a. Violation determined 07/23/02 b.Notice of Violation served unclaimed 2002070849 Hopkins, Claude & Sheila c.Notice of Violation Posted 08/14/02 $255.00 A. d. Unabated nuisance verified 08/26/02 e.Nuisance abated with public funds 09/04/02 f. Owner invoiced for costs 09/11/02 a. Violation determined 07/23/02 b.Notice of Violation served no green card 2002070850 Hopkins, Claude & Sheila c.Notice of Violation Posted 08/14/02 $255.00 A. d. Unabated nuisance verified 08/26/02 e.Nuisance abated with public funds 09/04/02 f. Owner invoiced for costs 09/11/02 a. Violation determined 07/24/02 b. Notice of Violation served 07/30/02 2002070879 Stonestreet, William M. c.Notice of Violation Posted n/a $255.00 d. Unabated nuisance verified 08/15/02 e.Nuisance abated with public funds 08/23/02 f. Owner invoiced for costs 08/24/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. A~A [~...~ DEC 1 7 2002 ¢- FISCAL IMPACT: A total reimbursement of $2,295.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Special~t Code Enforcement REVIEWED BY: Janet Powers, Operations Manager Code Enforcement SUBMITTED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~Sfll~h K. Sch/rn]tt, Admimstrator ' /4mmunity Development & Environmental Services DEC 1 7 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GANIP CORP. DATE: 2425 LANDER RD CLEVELAND, OH 44124 REF. INV.# 2171 FOLIO # 74412200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights, according to the Plat thereof recorded in Plat Book 3, Page 44, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 5, and constituted a violation of county regulations on August 6, 2002 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCL$1ULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance: ~vhereupon, it was abated by the expenditure of public funds at a direct cost of HFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED HFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOLrNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. A~:NOA f IT..~ DEC 1 ? 2002 F: LIENS/MSTR LNAL P~. ~'~ I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 9147, 9 AS AMENDED 10 11 VqHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~rTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 5 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 3o NAME: GANIP CORP. 31 32 LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights, according to the Plat thereof 33 .recorded in Plat Book 3, Page 44, Public Records of Collier County, Florida. 34 35 COST: $255.00 REFERENCE#: 2171 FOLIO #: 74412200000 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the 38 Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) 39 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County. the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS a9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5o 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 58 Thomas C. Palmer, Assistant County Attorney 59 AGENDA ITEM DEC 1 7 2002 LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GRAY, CHARLIE MAE, (aka) DATE: BLACK, CHARLIE MAE & WILLIE J. 504 4m ST E LEHIGH ACRES, FL 339725119 REF. INV.# 2184 FOLIO #: 56402760002 LIEN NUMBER: LEGAL DESCRIPTION;. Lots 9, 10 and 11 of Block Two, of that certain Subdivision known as MAIN LINE, Subdivision, as recorded in the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did determine a public nuisance existed on lot(s) 9-11, and constituted a violation of county regulations on August 15, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: r ' N WEEDS: ACCLMtLATIO~ OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. DEC 1 7 2OO2 F: LmNS/MSTR L~AL p~. 1 RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 1o l I WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WH~EREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~'TY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 9-1 1 of the property described 27 as follows, having been abated of a public nuisance after due and proper notice thereof to the 28 owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: GIL-XY, CHARLIE MAE, (aka) BLACK, CHARLIE MAE & WILLIE JAMES 31 BLACK) 32 33 LEGAL DESCRIPTION: Lots 9, 10 and 11 of Block Two, of that certain Subdivision kno~vn as 34 MAIN LINE, Subdivision, as recorded in the public records of Collier County, Florida. 35 36 COST: $255.00 REFERENCE#: 2184 FOLIO #: 56402760002 37 38 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution among with the ~9 Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) 40 days of the dale of mailing that copy, the owner fails to deliver payment in full to Collier County, the 4t Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 42 by recording shall constitute a lien against the above-described real property, and to the extent 43 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 44 property owner(s) in Collier County. 45 46 This Resolution passed and duly adopted by the Board of County Commissioners of 47 Collier County, Florida, this __ day of 2002. 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 BY: B 53 Deputy Clerk James N. Coletta, Chairman 54 55 Approved as to form and 56 legal sufficiency: 58 59 Thomas C. Palmer, Assistant County Attorney AO. Wr. NOA 60 6t ,,,. IC.',q 5-5 DEC 1 ? 2002 F UEN/MS'IR RESOLUTION p~. r-7 , BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORETTA 8104 4~m AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 1775 FOLIO # 77262520005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 7, and constituted a violation of county regulations on December 14, 2000 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 {, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTh'- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGE.~A ITEM DEC 1 7 2002 F: LIENS/MSTR LNAL p~. ~ ! RESOLL"FION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 2O 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, TI-~EREFORE, BE [T RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 of the property described as 27 follows, having been abated of a public nmsance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the follo~x lng costs of such abatement, to wit: 29 30 NAME: HOPKINS, CLAUDE, SHE1LA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. 34 35 COST: $255.00 REFERENCE#: 1775 FOLIO #: 77262520005 36 37 The Clerk shall Iby regular L'.S. mail) mail a cop.',' of this Resolution along with the 38 Notice of Assessment of Lien to the o~ ner~ st o.f the aboxe-described property. If ~ithin twenty (20) 39 days of the date of mailing that cop.',', the or. net fai Is to deliver payment in full to Collier County. the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and 4l by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ da)' of 2002. 47 48 AWl'EST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 58 Thomas C. Palmer, Assistant County Attorney s9 60 DEC 17 2002 q, F: LFEN/MSTR RESOLUTION p~. ,, BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORETTA 8104 4TM AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 1774 FOLIO # 77262560007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in thc records maintained by the office of the Property Appraiser. arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on December 14, 2000 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it ,,*.,as abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00} dollars for a total of TWO-HLDiDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEM DEC 1 ? 2002 I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WlTH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 1 ! WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 t8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid batance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 8 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 3o NAME: HOPKINS, CLAUDE, SHEILA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida 34 35 COST: $255.00 REFERENCE#: 1774 FOLIO #: 77262560007 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the 38 Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) 39 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATI'EST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 56 57 58 Thomas C. iba~mer, ~,ssist~[nt County Attorney ,&G~r_.NDA ~ 60 ' DEC 17 2002 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORE'YFA 8104 4TM AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 1858 FOLIO # 77262520005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a punic nuisance existed on lot 7, and constituted a violation of county regulations on June 11, 2001 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51. as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of T~o.hundred ($200.00) dollars for a total of TWO.HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEId No.~ DEC 1 7 2002 F: LIENS/MSTR LNAL I RESOLUTION NO. 2002-__ 2 3 A RESOLLr'FION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 t8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 3O NAME: HOPKINS, CLAUDE, SHEILA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida 34 35 COST: $255.00 REFERENCE#: 1858 FOLIO #: 77262520005 36 37 The Clerk shall (b~ regular U.S. mail) mail a copy of this Resolution along ~¥ith the 38 Notice of A~sessmcnt of Lien to the ownerts) of the above-described property. If within twenty (20) 39 days of the date of mailing that copy. the owner fails to deliver payment in full to Collier Countx. the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of ,2002. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 st BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 57 58 Thomas C. Palmer, Assistant County Attorney AO.~IqOA ITEM DEC 1 ? 2002 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORETTA 8104 4~ AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 1857 FOLIO # 77262560007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on June 11, 2001 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED 1N THIS NOTICE MAY RESULT 1N A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEM DEC 1 7 2002 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2002-__ 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-5 l, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 1.8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 2O 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment' and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, TI-LEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COU~'TY. FLORIDA. that lot(s) 8 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the follo~t lng costs of such abatement, to wit: 29 30 NAME: HOPKINS, CLAUDE, SHEILA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida 34 35 COST: $255.00 REFERENCE#: 1857 FOLIO #: 77262560007 36 37 The Clerk shall (by regular ['.S. mail) mail a copy of this Resolution along with the 38 Notice of Assessment of Lien to the oxx ncr(s} or' the above-described property. If within tv, enD' (20) 39 da3s of the date of mai ling that cop.',', the ox~ her fails to deliver payment in full to Collier County, the 4o Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATFEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5O 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 58 Thomas C. Palmer, ,~ssis~ant County Attorney .59 ~ !~ ~'~ 60 DEC 1 7 2002 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORETTA 8104 4TM AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 2182 FOLIO # 77262520005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 7, and constituted a violation of county regulations on August 26, 2002 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51. as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00} DOLLARS and an administrative cost of Two-hundred ($200.00} dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. DEC 1 7 2002 F: LI£N~/~STR L.N.A.L I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 TI-[E ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 ! 1 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the t9 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said proper~y, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: HOPKINS, CLAUDE, SHEILA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida 34 35 COST: $255.00 REFERENCE#: 2182 FOLIO #: 77262520005 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along xxith the 38 Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) 39 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier Count)'. and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real an~or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this day of 2002. 47 48 ATI'EST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 57 55 Thomas C. Palm~r, Assistant County Attorney AGFd~)A ITEM DEC 1 7 2002 P: LIIgN/MSTR RESOLlYT1ON BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOPKINS, CLAUDE, SHEILA A. & DATE: FLORETTA 8104 4TM AVE NORTH BERGEN, NJ 07047-5088 REF. INV.# 2181 FOLIO # 77262560007 LIEN NUMBER' LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat thereof in Plat Book 4, Page 62, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on August 26, 2000 and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You haxe failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public t'unds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-H[~'DRED FIFTY- FIVE ($255.00} DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT 1N A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGF..NDA ITEM DEC 1 7 2002 F: LIENS/MSTR LNAL I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED l0 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the t9 property against which made until paid; and 2O 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 8 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 3o NAME: HOPKINS. CLA/~E, SHEILA A. & FLORETTA 31 32 LEGAL DESCRIPTION: Lot 7 and 8, Block 3 Unit 2, TRAIL ACRES, according to plat 33 thereof in Plat Book 4. Page 62, Public Records of Collier County, Florida 34 35 COST: $255.00 REFERENCE#: 2181 FOLIO #: 77262560007 36 37 'Fine Clerk shall (by regular U.S. mail) mail a copy of this Resolution along ,,~ith thc 38 Notice of Assessment o1' Lien to the oxvner(s) of the above-desctqbed property. If within tv,'ent: (20'1 39 days of the date of thai ling that copy. the owner fails to deliver payment in full to Collier County. lhe 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by lay,, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 56 ~ ?d ~/~4,e,.~.~~ 58 Thomas C. Palmer, Assistant k/ounty Attorney 60 DEC 1 7 2002 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN STO~REET, WILLIAM M. DATE: 28 LAKESHORE DR HUDSON, MA 17493 REF. INV.# 2174 FOLIO # 69810840006 LIEN NUMBER: LEGAL DESCRIPTION:. Lot 7, block C, Riverwood, Unit No. 1, in accordance with and subject to the plat recorded in Plat Book 6, Page 53, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, arc hereby advised that thc Code Enforcement Director, did determine a public nuisance existed on lot 7, and constituted a violation of county regulations on August 15, 2002 and ordered thc abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51. as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HL;NDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEA4 DEC 1 7 20 2 F: LIENS/MS'I~ LNAL I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 914.7, 9 AS AMENDED 1o 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 2O 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the follo~ing costs of such abatement, to wit: 29 3O NAME: STONESTREET, WILLIAM M. 31 32 LEGAL DESCRIPTION: Lot 7, block C, Riverwood, Unit No. 1, in accordance with and 33 subject to the plat recorded in Plat Book 6, Page 53, Public Records of Collier County, Florida. 34 35 COST: $255.00 REFERENCE#: 2174 FOLIO #: 69810840006 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the 38 Notice of Assessment of Lien to the ox~ncris) of the above-described property. If within twenty (20) 39 days of the date of mailing that copy~ thc o~ ncr fails to deliver payment in full to Collier County. the 40 Resolution and Notice of Assessment sha!l be recorded in the official records of Collier County, and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 43 property owner(s) in Collier County. 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATI'EST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 5t BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: 58 Thomas C. Palmer, Assistant County Attorney 59 60 DEC 7 20O2 F: LIEN/MSTR RE~OLUTION Sheet 1 of 2 AVESMT2002-AR2788 EXECUTIVE SUMMARY PETITION AVESMT2002-AR2788 TO VACATE, RENOUNCE AND DISCLAIM A PORTION OF THE EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County in a portion of the above-described instrument which may have created a public road fight of way. CONSIDERATIONS,: Petition AVESMT2002-AR2788 has been received by the Engineering Services Department from Lance Miller, P.S.M., from Wilson-Miller, Inc., as agent for the petitioner, Mark Allen, requesting the vacation of the north 25 feet of the 30' wide road fight of way as referred to in the Warranty Deed recorded in Official Record Book 741, Page 690, Public records of Collier County, Florida. This 30' wide road right of way is described in the Warranty Deed as "... and subject to the reservation of right of way easement in, upon and under the southerly 30 feet of described premises for all the usual purposes of ingress and egress and for possible furore roadways, utilities and services for public use." The Petitioner has not found evidence to show that Collier County has formally accepted this road right of way. A road has not been constructed within this right of way and an overhead power line is the only utility existing within this right of way. The south 5 feet will remain and not be vacated due to the stipulation in FPL's letter of no objection stating that the south 5 feet is needed for the existing overhead power line. In addition to the one from FPL, letters of no objection have been received from the following Collier County Departments: Transportation, Engineering Services, Stormwater Management and Public Utilities. Letters of no objection have also been received from Sprint and Time Warner. Zoning is AG. This Executive Summary was approved by Greg Garcia in Transportation on September 4, 2002 and by Jacquelyn Johnson in Public Utilities on October 30, 2002. FISCAL IMPACT..: Engineexing Services has collected a $1,000 "Petition to Vacate" fee from the petitioner, which covers the County's cost of recording and processing the Petition. DEC 1 7 2002 P~. / Sheet 2 of 2 AVESMT2002-AR2788 GROWTH MANAGE~_ ~NT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR2788 to vacate the County's interest in the north 25 feet of the above-described 30' wide road right of way; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director ~o~p"~ K. Sch~tt,-Adrai 's/trator (fC,C~mmunity Development & Environmental Services DEC 1 7 2002 Map Output Page I of 1 CCPA GIS - HTML Ma DEC ! 7 2002 PS. ~ 1 2 RESOLUTION NO. 2002- 3 4. $ RESOLUTION FOR PETITION AVESIVrI'2002-AR2788 TO VACATE, 6 RENOUNCE AND DISCLAIM A PORTION OF THE EASEMENT RECORDED 7 BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS OF COl-t-r~R 8 COUNTY, FLORIDA. LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, 9 RANGE 26 EAST, COt .T.mR COUNTY, FLDRIDA. 10 11 12 WIiEREAS, pursuant to Sections 125.01(0, Florida Statutes, Lance Miller, PSM_, from 13 WilsonMiller, lnc, as agent for the petitioner, Mmic Allen, does hereby request the Board of 14 County Commissioners to vacate, re'nounce alK[ disclaim a portion of the alleged e4~lle~lt for 15 Public Road Right of Way set forth below over and across a portion of Section 28, Township 48 16 South, Range 26 East, Collier Countlr, and 17 18 WHEREAS, the alleged easement for public road right of way appears in a Warranty 19 Deed recorded in Official Record Book 741, Page 690, Public Records of Collier County, 20 Flori~; and 21 22 WHEREAS, the granting of Petitioner's request will not adversely affect the ownership 23 or right of convenient access of other property owners; and 24 25 NOW, TttEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COT.I~II~.R COUNTY, FLORIDA, that the County's easement interests, 27 if any, over and across the north 25 feet of the alleged 30 foot wide public road right of way 28 more particularly described in the above ref~e~ced Warranty Deed incorporated as if set forth 29 herein, is hereby vacated, extinguished, renounced and disclaimed and this action is declared to 30 be in the Public's interest and will provide a public benefit: 31 32 BE IT FURTHER RESOLVED, that the Cleric to the Board is hereby directed to record a 33 certified copy of this Resolution in the Official Records of Collier County, Florida. 34 35 This Resolution is adopted this day of , 2002, after motion, 36 second and majority vote favoring same. 37 . 38 DATED: 39 ATTEST: BOARD OF COUNTY COMMISSIONERS 40 DWIGHT E. BROCK, Clerk COI.LmR COUNTY, FLORIDA 41 42 BY: 43 Deputy Clerk James N. Coletta, Chainmm 45 AGENDA I'I'E~ 474~45 .~.~.oved as to £o~ and~~~cia~,~j~. No, /~/L~ ~ 49 . DEC 1 7 2002 51 Aasistant County Attorney LL £ Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISON PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: .T~J ~ ~_/~ _,~_~::)2~ Petition: =q~tm--~'l' ~- ~ 1~ Petitioner (Owner): .Mark O Allen Address: 2311 John Michael Rd Telephone: (941) 992-8900 City/State: ~ Zip Code: 34119 Agent: _WilsonMiller Inc. Address: 3200 Bailey Lane, Suite 200 Telephone: (941) 649-4040 City/State:_Naples, FL Zip Code: 34105 Location of Subject Property: south of lmmokalee Rd. - North and West of saturnia Lakes (aka Rigas) Location: Section: 28 Township: 48 S Range: 26 E ~ 5ficial Record Book: --741 Page(s): 690 Current Zoning: AG Does it affect density? No Legal Description: EtA of SE % ofNW % of NW '/4 of Section 28-48S-26E Reason for Request: Vacation of easement over the south 30' for ~ossible future roadw~tilites ! hereby authorize Agent above to represent me for this petiiion: [5~3 Yes ['-] No ' Date Signature of Petitioner Owner Mark O. Allen (Title) Print Name Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of :upportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, FL 34104 - ' 1) If applicant is a land trust, indicate the name of the beneficiaries. ! (2) If applicant is a corporation other than a public corporation, indicate the name (3) If applicant is a partnership, limited partnership or other business entity, indica DFC 1 1 2002 (4) List all other owners. Attachment "C" Page 4 of 4 -~ ~--~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ;4ransNumber Date t Post Date Payment Slip Nbr 2572 7/2/2002 10:25:46 AM 7/2/2002 AR 2788 Appl Name: WILSONMILLER, INC. Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 3200 BAILEY LN SUITE 200 NAPLES FL 34105 Proj Name: ALLEN, MARK O Type: RSF TAZ: Subdiv Nbr: 100 Project Nbr: 2002070005 Payor: ALLEN Fee Information Fee Code Description GL Account I Amount I Waived 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 [ $1000.00 Total L $1000.00 Payments IPayment Code l Account/Check Number I Amount CHECK ] 177 $1000.00 Total Cash I $0.00 ] Total Non-Cash $1000.00 Total Paid $1000.00 I Memo: Cashier/location: GARRETr_S / 1 User: SMITH_G DEC I 1 2002 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Pg. ~ T=me 10:47 AM To: FL_064_2001-01565102-0914853-08 ~ 6436682 Page: 003-003 D~=e: 09134/01 ' : IMAGE01 : FL-01-15651-2 09/14/2001 10:48:52am P&ge i of i ?. ~ ~ rLgh~ of way emmn~ ~ ~ oa~n~e, ~ae~a~otd ~d ~ ~ W y~= 1978 ~ t~aftez. Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2001 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION ~.,,~=ll~u~., ~ o l~;~"~:ll°~'gss°°°°' Il A~:lls-°° I Addr~ss:ll~?S, Ol~ 4, ~U S'nC 6 {--"~]l~,, JOlin M,C~A[t. m) ^~'~:ll ~l'~" ~s ,~,~ o,~ s,~,~, o,~ -;' ~'~=':11 I ~1,'~ ^~,~:ll"omT* s,',,~os, r,. ~,,~s-so~ VALUF_ffEXE1VFPT1ONS I TAX INFORMATION PAY TERMS PAYMENT INFO Millag~co~:llo~s I s~oo, s,:l[=~.~s~:11~o~-~ '~,~,~:ll~o ,o~,,,~ ~:IIF~---~ S~hoo, ,o~:l[,s~.s~ ~,~:l[~,s.s~ ~',=h=ll0~ ~,g~ ~:ll0{ Ci~ ~:ll0.~ ~U:I[~S-0a ~,~':ll~s.0a Wi~ ~:ll0 I W~II4s.~ ~:I[~aS~S ~ ~o~:110 ~,~d ~:11oI ~d=lla,JS ~d[0.~ I ~'~:ll0 I md~,d:llss.~ ~y:l{0.~ { ST~S ~FO. v~:llo I v~P~:II~'s~ I ~°=~dV~IIv I ~o.~:110 I *~m~:ll.s~S ~11~ , ~fe~d:JlN COMME~S * Non Ad Valorem Amount ~cluded in Gross Tax ., II~,a {{G~AGE {}Dm l 11127~7 Last Updated: 7/30/2002 5:00pm AC.~A ~TEM DEC t 7 2002 http://www eolliertax.com/RecordDetail asp?FolioID=00195600001 26430 Old Us 41 Bonita Springs, Florida 34135 Fax: 1-94 !-947-734 RECEIVED WILSON MILLER OCT0 5 2001 October 1, 2001 Wilson Miller Inc. Mr. Lance T. Miller 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Re: Allen Tract - Easement Vacation Dear Mr. Miller: In reply to your recent request, FPL Company has no objection to the vacation of the north twenty-five feet of the south thirty-feet over the Alien Tract. The south five-feet is needed for an existing overhead line. If you have any questions regarding this matter, please contact me at 941-947-7361. Sincerely, Jim Merriam Senior Systems Project Manager cc:file AGE~DA I'l'~J~. DEC 1 1 2002 an FPL Group Company pg.. i(~ April 23, 2002 Mr. Gregory D. Garcia: Collier County - Transportation Planning Department 2685 South Horseshoe Ddve, Suite 211 Naples, FI 34104 Subject: Allen Tract-- Easement Vacation Letter of No Objection Request Dear Mr. Garcia: WilsonMiller, Inc. represents Mark Allen and is applying to Collier County for vacation of the ingress, egress, utility, and right-of-way easement being the south 30 feet over the Allen Tract. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. Please be advised that per County Resolution No. 2001-34, the Board of County Commissioners resolved the 30' easement along the north side of the Rigas parcel (aka Saturnia Lakes Plat One) as shown on the attached sketch. I have enclosed a copy of a general location map and site plan identifying the easement. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. ~PSM No Objection Authorization I have reviewed the enclosed material and offer no objection to the vacation of the south 30' easement that ~Coiunty Transportation Department has an interest within the 5 acre tract a shown o sketch. ,_ AutRoriz~[,d-C~ency Signature Enc. 8.5" x 11" Location map, Survey of parcel and sketch of easements (Mark Allen) and copy of Resolution with Tax Map. AC.~.NDA ITEI~/ DEC 1 7 2002 Il RECEIVED · WILSON MILLER OCT 0 1 2001 / ~OL1~ER # May 22, 2000 Mr. John Uouldsworth Collier County Engineering Dept. 2800 S. Horseshoe Drive Naples, FI 34104 Subject: Allen Tract-- Easement Vacation Letter of No Objection Request Dear Mr. Houldsworth: WilsonMiller, Inc. represents Mark Allen and is applying to Collier County for vacation of the ingress, egress, utility, and right-of-way easement being the south 30 feetover the Allen Tract. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. Please be advised that per County Resolution No. 2001-34, the Board of County Commissioners resolved the 30' easement along the north side of the Rigas parcel (aka Saturnia Lakes Plat One) as shown on the attached sketch. I have enclosed a copy of a general location map and site plan identifying the easement. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please i~ at 649-4040. Surveyor No Objection Authorization I have reviewed the enclosed material and offer no objection to the vacation of thesouth 30' easement that Collier County Engineering Department has an interest within the 5 acre tract as sl'~own on the attached sketch. Authorized Agency Signature Enc. 8.5" x 11" Location map DEC I 7 2002 RECEIVED WILSON MILLER OCT 0 5 2001 Sept. 10, 2001 .DDi SEP 32 kit 8: 3q - _ / Mr. John Boldt, Director FO[,DF.R # Collier County Stormwater 2685 South Horseshoe Dr. Suite #212 Naples, FL 34104 Subject: Allen Tract-- Easement Vacation Letter of No Objection Request Dear Mr. Boldt: WilsonMiller, Inc. represents Mark Allen and is applying to Collier County for vacation of the ingress, egress, utility, and right-of-way easement being the south 30 feetover the Alien Tract. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. Please be advised that per County Resolution No. 2001-34, the Board of County Commissioners resolved the 30' easement along the north side of the Rigas parcel (aka Saturnia Lakes Plat One) as shown on the attached sketch. I have enclosed a copy of a general location map and site plan identifying the easement. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Su rve'~)~l'_~.~' No Objection Authorization I have reviewed the enclosed material and offer no objection to the vacation of theeasernent over the south 30' that Collier County Stormwater has an interest within the 5 acre tract as shown on the attached sketch. Aut ncy Signature Y o - 3' - O! Enc. 8.5" x 11" Location map N~.GFT~TF'M/,r/" DEC 17 2002 Sept. 10, 2001 .~ ';':i~' '~'~ r ,, Mr. Ed Finn Collier County Utilities 3301 E. Tamiami Trail Admin Bldg., 3~ Floor Naples, FI 34112 Subject: Allen Tract-- Easement Vacation Letter of No Objection Request Dear Mr. Finn: WilsonMiller, Inc. represents Mark Allen and is applying to Collier County for vacation of the ingress, egress, utility, and right-of-way easement being the south 30 feetover the Allen Tract. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. Please be advised that per County Resolution No. 2001-34, the Board of County Commissioners resolved the 30' easement along the north side of the Rigas parcel (aka Saturnia Lakes Plat One) as shown on the attached sketch. I have enclosed a copy of a general location map and site plan identifying the easement. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. Surve~ No Objection Authorization I have reviewed the enclosed matedal and offer no objection to the vacation of thesouth 30' easement that Collier County Utilities has an interest within the 5 acre tract as shown on the attached sketch. Authorized Agency Signature Enc. 8.5" x 11" Location map AC.-iF..NOA ITEM r- I DEC I 7 2002 PI. /~/'- 9~1~)1- 99161 Ve~. 01~- ~ Mr. Lance T. Miller WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Flodda 34105-8507 RE: Allen Tract- Easement Vacation Dear Mr. Miller: After reviewing the sketch for the Allen Tract sent to us on May 22, 2001, received September 28, 2001, Sprint-Florida, Inc. has no objection to the vacation of the south 30' easement as shown on the attached sketch. If we can be of any further assistance, please contact me at 263-6216. Sincerely, Network Engineer I - E&C AHZ/jw A~A ITEM ,. DEC 1 7 2002 Mr. Grant Pate Time Warner 1610 40~ Ter. SW Naples, FI 34116 Subject: Allen Tract-- Easement Vacation Letter of No Objection Request Dear Mr. Pate WilsonMiller, Inc. represents Mark Allen and is applying to Collier County for vacation of the ingress, egress, utility, and right-of-way easement being the south 30 feet over theAIlen Tract. As part of the Collier County Vacation Petition process, a letter of no objection is required from utility providers; therefore, we are requesting a letter of no objection to include in on the attached survey. Please be advised that per County Resolution No. 2001-34, the Board of County Commissioners resolved the 30' easement along the north side of the Rigas parcel (aka Saturnia Lakes Plat One) as shown on the attached sketch. I have enclosed a copy of a general location map and site plan identifying the easement. If you have no objection to this request, please either sign the form provided or respond directly to me in writing. Your prompt attention to this request is appreciated. If you have any questions, please contact me at 649-4040. No Objection Authorization I have reviewed the enclosed material and offer no objection to the vacation of the easement over the south 30' that Time Warner has an interest within the 5 acre tract as shown on the attached sketch. DEC 1 ? 2002. EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TRACT M OF WINDSTAR REPLAT" OBJECTIVE: To approve for recording the final plat of Tract M of Windstar Repiat, a subdivision of lands located in Section 14, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Tract M of Windstar Replat" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends :hat the final plat of "Trac~ M of Windstar Replat" be approved for record£n~. FISCAL IMPACT: The County will realize revenues as foi!o~s: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH M~NAGEMENT IMPACT: The Concurrency Waiver and Release relating to c Dnditional approval has been reviewed and approved by the County Attorney's Office for. the project. ENVIRONMENTAL ISSUES: There are no environmental issues AGENI3~& ITEM DEC 17 2002 Executive Summary Tract M. of Windstar Replat _ Pa~e 2 HISTORICAL / A/~CHEOLOGICAL ISSUES: There are no historical or archeological issues EAC REC~ATION: Approval CCPC R~COI~ENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Tract M of Windstar Replat" with the following sEipulations: 1. Authorize the recording of the Final Plat of "Tract M of Windstar Replat." PREPARED BY: John R. Houldsworth, Engineer Da~e Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: /~ph K. ~h~itt, A~Lministrator Da'te !  mmunity Dev. and Environmental Svcs. ,, DEC 17 2002 EXECUTIVE SUMM~RY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN M~RSH UNIT E?.~EN" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Eleven" CONSIDERATIONS: 1. On February 3, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eleven" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by ~he County. 3. The required improvements have been c~structed in accordance with the Land Development Code. The County Developmen~ Services has inspected the improvemen:s and is recommending final acceptance of the improvements. 4. A resolution for final acceptance hss been prepared and approved by the County Attorney's Office. A c~py of the document is attached. 5. This Executive Summary has been re¥ie~ed and approved by Transportation Services and Public ~or~$ Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. WaEer snd sewer improvements will be maintained by the County's Utility Degartment through their operation and maintenance budget. GROWTH M~NAGEMENT IMPACT: None AGENDA I'rE~ DEC 1 7 2002 ExeCutive Summary Pelican Marsh Unit Eleven Page 2 RECO~ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eleven" and release the maintenance security. I. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: h K. Scb~nftt, Administrator D~te! -- nity Dev. and Environmental Svcs. - A~A~ITEM 17 p~. Z ~ RESOLUTION NO. 02-__ 2 3 4 RESOLUTION TO AUTHORIZE FINAL 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, AND WATER AND SEWER 7 IMPROVEMENTS IN PELICAN MARSH UNIT 6 ELEVEN, RELEASE OF THE MAINTENANCE o SECURITY, AND ACCEPT THE MAINTENANCE 10 RESPONSIBILITY FOR THE ROADWAY, 11 DRAINAGE, AND WATER AND SEWER 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO 13 BE MAINTAINED BY THE PELICAN MARSH 14 COMMUNrrY DEVELOPMENT DISTRICT 17 WHEREAS, the Board of County Commissioners of Collier County, Florida, on 18 August 6, 1996 approved the plat of Pelican Marsh Unit Eleven for recording; and 20 WHEREAS, the Developer has constructed and maintained the roadway, 21 drainage, and water and sewer improvements in accordance with the approved plans and 22 specifications and as required by the Land Development Code (Collier County Ordinance 23 No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier 24 County Ordinance No. 97-17); and 25 26 WHEREAS, the Developer is requesting final acceptance of the roadway, 27 drainage, and water and sewer improvements and release of his maintenance security; and 28 29 WHEREAS, the Compliance Services Section of the Development Services 30 Department has inspected the roadway, drainage, and water and sewer improvements, and 31 is recommending acceptance of said facilities. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COL,rNTY, FLORIDA, that final acceptance is hereby 35 granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh 36 Unit Eleven, and authorize the Clerk to release the maintenance security. 37 38 BE IT FURTHER RESOLVED ANq3 ORDERED that the County accept the 39 future maintenance and other attendant costs for roadway, drainage, and water and sewer 40 improvements that are not required to be maintained by the Pelican Marsh Community 41 Development District. 42 43 This Resolution adopted after motion, second and majority vote favoring same. 45 46 47 DATE: BOARD OF COUNTY COMMISSIONERS 46 ATTEST: COLLIER COUNTY, FLORIDA 49 DWIGHT E. BROCK, CLERK 50 51 By: 52 JAMES N. COLETTA, CHAIRMAN 53 55 Approved as to form and legal §7 AGENOA ITEM 59 tl~tri[k G. White 60 Assistant Collier County Attorney 61 DEC 17 2002 EXE~IFTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MONTREUX UNIT TWO AT FIDDLER'S CREEK" OBJECTIVE~ TO approve for recording the final plat of Montreux Unit Two at Fiddler's Creek, a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Montreux Unit Two at Fiddler's Creek". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Montreux Unit Two at Fiddler's Creek" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues DEC 1 ? 2002 Executive Summary ~ontreux Unit Two at Fiddler's Creek Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Montreux Unit Two at Fiddler's Creek" with the following stipulations: 1. Authorize the recording of the Final Plat of "Montreux Unit Two at Fiddler's Creek." PREPARED BY: John R. 'Fr~uSds-worth, Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: nity Dev. and Environmental Svcs. DEC 1 7 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 078 styled Board of County Commissioners Collier County, Florida vs. Ricky L. Bell regarding violation of Section(s) 2.7.6 par. (1 & 5) of ordinance No. 91-102, the Collier County Land Development Code and section(s) 104.1.1, 105.5, 106.3.1 of ordinance No. 98-76, the Collier County Building Construction Administrative Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-078 styled Board of County Commissioners Collier County, Florida vs. Ricky L. Bell. CONSIDERATION: On September 27, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section(s) 2.7.6 par. (1 & 5) of ordinance No. 91-102, the Collier County Land Development Code and section(s) 104.1.1,105.5, 106.3.1 of ordinance No. 98-76, the Collier County Building Construction Administrative Code. An Order on Respondents' Request for Reduction of Fines/Liens in the amount of One Thousand Four Hundred Seventy Dollars and Eighty Cents ($1,470.80) for the operational costs incurred in this case. The Code Enforcement Board forgave the fine amount of Six Thousand One Hundred Fifty Dollars ($6,150.00) as recorded in O.R. Book 3145, Pages 0756, et. seq., of the Public Records of Collier County, Florida. The Order Imposing Fine/Lien dated December 21,2001 recorded in O.R. Book 2949, Pages 0064, et. Seq., in the Public Records of Collier County, Florida, wherein fines and operational costs were imposed. The Order Imposing Fine/Lien imposed fine amounts of Six Thousand One Hundred Fifty Dollars ($6,150.00) and operational costs of One Thousand Four Hundred Seventy Dollars and Eighty Cents ($1,470.80). The Code Enforcement Board subsequently forgave the fine amount of Six Thousand One Hundred Fifty Dollars ($6,150.00) in the Order on Respondents' Request for Reduction of Fines/Liens dated October 30, 2002 and only the operational costs were imposed. DEC I 7 2002 An Affidavit of Compliance has been filed bearing the date of August 16, 2002 indicating compliance with the Order of the Code Enforcement Board. On November 20, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. Shanelle Hilton BY: REVIEWED ~-' ~.-- ' ' · ', Jandt Powers, Operations Manager Michelle Arnold, Code Enforcement Director APPROVED BY:~~ ~c~, A~nistrator Date: DEC 1 7 2002 This inso'ument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Four Hundred Seventy Dollars and Eighty Cents ($1,470.80), arising ou, of the Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated October 30, 2002, wherein the Code Enforcement Board forgave the fine amount of Six Thousand One Hundred Fifty Dollars ($6,150.00) as recorded in O.R. Book 3145, Pages 0756, et. seq., of the Public Records of Collier County, Florida, and the Order Imposing Fine/Lien dated December 21, 2001 recorded in O.R. Book 2949, Pages 0064, et. Seq., in the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Ricky L. Bell has been satisfied in full. Lot 18, Block 4, GLrLFSHORES, according to the plat thereof as recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida Folio No. 48172920009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ricky L. Bell, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COI.I.mR COUNTY, FLORIDA By: , Deputy Clerk James N. Coletta, Chairman Approved as to form Anti/legal sufficiency: l~ll~n T. Chad~ell - Assistant County Attorney EXECUTIVE SUMMARy, Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 062 styled Board of County Commissioners Collier County, Florida vs. B.F. Ft. Myers, Inc. regardir;g violation of Sections 2.4.3.6, 2.4.3.7 and 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-062 styled Board of County Commissioners Collier County, Florida vs. B.F. Ft. Myers, Inc. CONSIDERATION: On July 16, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.4.3.6, 2.4.3.7 and 3.9.3 of Ordinance No. 91-102, as amended, of the Collier County Land Development Code. An Order Imposing Fines/Costs/Lien in the amount of Three Hundred and Eighty Three Dollars and Forty Cents ($383.40) for the operational costs incurred in this case. Said Lien was recorded in Official Record Book 2902 Pages 1870, et.seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 13, 2001 indicating compliance with the Order of the Code Enforcement Board. On November 20, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. DEC ! 7 2002 n. / GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: '~r~t~'''-'~ Date: lt/Z. Bt lb 2_..._ Shanelle Hilton REVltiWED BY: ,J~:Z ..... , ,/~ / 'e, :A .. _.--~'- Date: i~ .)(/' Jan& Powers, Operations Manager Michelle Arnold, Co~ ~orcement Director  ~eph K. ~t, ~d~nistrator DEC ? 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred and Eighty Three Dollars and Forty Cents ($383.40), arising out of the Code Enforcement Board Order Imposing Fines/Costs/Lien dated October 2 2001, recorded in O.R. Book 2902, Pages 1870, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by B.F. Ft. Myers, Inc. has been satisfied in full. See Exhibit A attached hereto and made a part hereof. Commonly known as 10941 Airport Road, Naples, Florida Folio No. 46690000306 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by B.F. Ft. Myers, Inc. and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk James N. Coletta, Chairman Approved as to form  ,~egal sufficie~ncy: ~/Ellen T. Chadwell ~ Assistant County Attorney DEC ! 7 2~2 ~* OR: 2477 PG: 2067 *** F_XH~I' A Tract "C", of GREEN TREE CENTER, a'subdivision, accordin~ to the Plat thereof as recorded in Plat Book 19, at Pages 26 through 31, inclusive, of the Public Records of Collier County, Florida. - EXECUTIVE SUMMARY APPROVE $21,200 IN CAPITAL AND $7,200 IN OPERATING COSTS TO FUND THE BROADCAST OF CHANNEL 11154, THE COLLIER COUNTY GOVERNMENT ACCESS CHANNELS, TO THE AOL I TIME WARNER CABLE SYSTEM IN IMMOKALEE OBJECTIVE: Approve funding of extending the broadcast cable of Channel 11/54 to the AOI_/Time Warner Cable System in Immokalee, which will ensure equal access to local government information as other County citizens. CONSIDERATIONS: Currently, the residents of the Immokalee community do not receive Channel 11/54 "live" broadcasts. Although the Collier County School Board has a replay system in Immokalee that is programmed once a week, Collier County only has six hours of programming time available to broadcast the Commissioners' Board meetings. This is less than satisfactory. Government access television in Collier County has proven to be a viable way for citizens to get information about their government, and all citizens should have access. During the past three years, Channel 11/54 has grown, both in programming and popularity within the community. Although Time Warner carries Channel 11/54 in the Naples area, it does not carry the channel in Immokalee because the system stands alone with its own headend. If Collier County can get its signal to Immokalee, Time VVamer has agreed to dedicate a channel for government access television. There are several ways to accomplish this. They vary in cost, time to accomplish, complexity, and quality of signal. Vbdck, a new, and inexpensive technology, which provides video transmission, is available, which will allow for the County Government Access channels 11/54 to extend reach to the TV station in Immokalee through the AOL / Time Warner cable system. The costs include capital equipment and reoccurring costs of a leased telecommunications circuit. FISCAL IMPACT: Funds are available in CDES Operations (Cable Administration MSTD 111) operating budget to fund this project. A budget amendment for transfer of $21,200 from operating to capital within Cable Administration will be required. The monthly charges for leased telecommunications circuit will be funded from the Cable Administration MSTD 111 operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this request. RECOMMENDATION: The Board approve the project and approve budget amendment transferring $21,200 from operating to capital within the Cable Administration budget. DEC 1 ? 2002 SUBMITTED BY: Date: Bleu Wallace, Director, Utility Franchise Regulation · I1' ~. '~,..-, REVIEWED BY: V~.~,-.-'~-, /,~.? ~- Date: Barry Axelrod, Director of InformatIon Technology REVIEWED BY: Date: Jay Seidl, Acting Director, Communications and Customer Relations Joseph K. Schmitt,,~,dministrator. Community Development & Environment~ S(~rvices v,r A~r-J"~ A ITEM DEC I ? 2002 EXECUTIVE SUMMARY ADOPT RESOLUTION DESIGNATING THE NEW TOURISM MARKETING OFFICE OF COLLIER COUNTY GOVERNMENT AS THE GREATER NAPLES, MARCO ISLAND, AND THE EVERGLADES CONVENTION AND VISITORS BUREAU OBJECTIVE: Board approval in designation of the new in-house tourism departmem as a "convention and visitors bureau." CONSIDERATIONS: On November 19, 2002, the Board approved funding of two (2) new tourism positions and the establishment of a separate tourism department, as recommended by the Tourist Developmem Council. As most professional state and national tourism agencies are referred to as "Convention and Visitors Bureaus" (CVB's) or Visitors Bureaus, staff:recommends the establishment of the County's CVB using our current advertising "tag line", "Greater Naples, Marco Island, and the Everglades." If approved, the new Collier County tourism marketing agency will be known as the "Greater Naples, Marco Island, and the Everglades Convention and Visitors Bureau" and will be designated as the official Convention and Visitors Bureau for Collier County tourism and convention promotion. The proposed resolution is scheduled for presentation to the TDC at its regular meeting following the joint Board/TDC workshop on December 10th. The TDC is expected to recommend Board adoption o f the proposed resolution. FISCAL IMPACT: There is no fiscal impact regarding this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: Board adopt the proposed resolution designating the "Greater Naples, Marc° Island' and the Eve~/2des Cinventi°n and Visit°rs Bureau'" 'D. E. "Bleu" Wallace, Director CDES Operations Department / ? Jo ph Administrator Community Development & Environmental Services Divisio ~o. ! 0 ~-~-~ V DEC 1 7 2O02 A RESOLUTION DESIGNATING THE NEW TOURISM · MARKETING OFFICE OF COLLIER COUNTY GOVERNMENT - AS THE GREATER NAPLES, MARCO ISLAND AND THE EVERGLADES CONVENTION AND VISITORS BUREAU. WHEREAS, tourism in Collier County is the largest contributor to the local economy; and WHEREAS, the tourism industry employs over twenty-three thousand citizens; and WHEREAS, leisure visitors and convention attendees annually contribute over One Billion dollars to our local economy; and WHEREAS, Collier County seeks to improve this sector of community business through the establishment and staffing of a new tourism marketing office; and WHEREAS, the new tourism marketing office needs to affiliate with all appropriate State, National, and International partners who can provide resources to assist in reducing seasonality in our economy; and WHEREAS, the Board of County Commissioners desires to designate the new tourism marketing office of Collier County Government as the Official Convention and Visitors Bureau for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The new Collier County tourism marketing office shall be known as the Greater Naples, Marco Island and the Everglades Convention and Visitors Bureau; and is hereby designated as the official Convention and Visitors Bureau for Collier County tourism and convention promotion. THIS RESOLUTION ADOPTED on this __ day of ,2002, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Clerk JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Heidi' F. Ash~on Assistant County Attorney I~. h:h fa'a'eso~:vb · EXECUTIVE SUMMARY APPROVE TWO LEASE AGREEMENTS WITH C.P.O.C. REALTY FOR OFFICE SPACE TO BE OCCUPIED BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION STAFF AND COUNTY ATTORNEY LEGAL STAFF AT AN ANNUAL RENT AND COMMON MAINTENANCE FEE OF $60,370 OBJECTIVE: Approve two Lease Agreements with C.P.O.C. Realty (Landlord) for office space to be occupied by Community Development and Environmental Services Division. CONSIDERATIONS: Additional office space is needed to accommodate a growing staff within the Community Development & Environmental Services Division (CDES). The attached two Leases consist of 1,818 square feet and 2,545 square feet. Both offices are located at 3050 North Horseshoe Drive, Suites 140, 144, 146 and 197 ("Demised Premises") located directly east across fi.om the Development Services building on Horseshoe Drive. The leased space will house 11 employees of the Planning Services Department and 7 County Attorney legal support staff for CDES. Termination of the leases is anticipated upon completion of the Community Development Center building expansion in late 2003. The initial Lease term is for three years commencing on December 15, 2002. The County shall have the right to terminate the Lease after the fu'st twelve months of the commencement date. For the first year of the Lease, rent tbr legal staff is $24,543.00 and Planning Services staff is $34,357.56 with respective Common Area Maintenance (CAM) fees of $612.06 and $856.82. The landlord will not be required to make any improvements to the leased space. The Office of the County Attorney and the Risk Management Department have reviewed this Lease for legal sufficiency and insurance requirements respectively. FISCAL IMPACT: Annual rent and CAM fees for Planning Services ($35,214.38) will be paid from MSTD Fund 111 Reserves and annual rent and CAM fees for legal staff ($25,155.06) will be paid fi.om Community Development Fund 113 Reserves. GROWTH MANAGEMENT IMPACT: There are no growth management impacts regarding these actions. RECOMMENDATION: That the Board of County Commissioners approve the two Lease Agreements with C.P.O.C. R0altv, approve related budget amendments, and authorize the Chairman to execute the/~Agr~'~'Fm~r~ts,atter final review by the County Attorney. PREPARED BY: DATE: /~ - ~ ' c9 ~ D. E. "Bleu" Wall~e, Director, CDES Operations Department APPROVED BY: //~- ~--~-- ~J~ .~/"~ DATE~e ' /J_~seph K. ~chmitt, Administrator, Community .//Environmental Services Division COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY RECOMMENDATION THAT THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AND AUTHORIZE CRA CHAIRPERSON TO SIGN AN AGREEMENT WITH LEE COUNTY ELECTRIC COOPERATIVE (LCEC) FOR THE INSTALLATION AND/OR UPGRADE OF APPROXIMATELY 45 STREETLIGHTS IN IMMOKALEE USING $60,000 OF COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FLINDING. OBJECTIVE: To have the Community Redevelopment Agency approve an Agreement with Lee County Electric Cooperative (LCEC) for the installation of streetlights consistent with the approved 2002-2003 CDBG Project #0003 (Immokalee Streetlights). CONSIDERATIONS: On January 8, 2002, the Community Redevelopment Agency (CRA) directed county staff to submit a Community Development Block Grant Application for a street lighting project in the Weed & Seed Target Area of Immokalee to further promote redevelopment. The CRA determined that the project complies with the Collier County Growth Management Plan and the Collier County Redevelopment Plan. The attached agreement is a detailed outline of grant conditions and procedure needed in order to initiate the grant. FISCAL IMPACT: The current total amount anticipated to be funded is $60,000 of CDBG funds. The long-term operation and maintenance of the lights will revert to Collier County five years after installation. Long term maintenance and operation costs associated with the lights are estimated at $216,000 {in present dollars) for a 20-year maintenance period (FY2008-FY2028). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: The Advisory Board recommends that the Community Redevelopment Agency (CRA) Board approve the attached Agreement between Lee County Electric Cooperative (LCEC) and the CRA. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Community Redevelopment Agency (CRA) Board approve the attached Agreement between Lee County Electric Cooperative (LCEC) and the CRA. " A DEC 17 21](12 -1- PI. PREPARE~~/~_ URBAN DESIGN PLANNER THOM~AS TOMERLIN DATE PRINCIPAL PLANNER MARGAR~I' WdERSTLE, AICP DATE PLANNINg SERVICES DEPARTMENT DIRECTOR J PH K. SC ITT DATE 4D~INISTRATOR OJ;~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DEC 1 7 2002 -2 - Pl. '~ **NOTE** Lee County Electric Cooperative (LCEC) is still reviewing the contract and we should be able to get their signed (original) copy back for Commissioner Fiala's signature. The following is a copy of the document that is still being reviewed by LCI::C. AGENDA ITEM ~ DEC 1 7 2002 CONTRACT BETWEEN THE COLLI'ER COUNTY COMMUNTTY REDEVELOPMENT AGENCY AND LEE COUNTY ELECTRIC COOPERATIVE, TNC. THIS CONTRACT is entered into this day of ,2002, by and between the "COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY" (hereinafter referred to as the "CRA'~), a separate legal entity charged with undertaking and implementing community redevelopment as allowed under Chapter 163, Part III of the Florida Statutes, having its principle office at 2800 North Horseshoe Drive, Naples, FL 34104, and LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida corporation (hereinafter the "CONTRACTOR'9, having its principal office at 4980 Bayline Drive, North Fort Myers, Florida 33917, and whose Federal Tax Identification Number is 59-0329555, hereinafter collectively, "the parties." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title T of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, Collier County is undertaking certain activities to primarily benefit Iow and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, Immokalee meets those eligibility requirements Community Development Block Grant funding; and I 1 I DEC 172002 [ WHEREAS, Collier County and the Collier County CRA entered into an agreement to allow for the installation of approximately 45 streetlights in the ]:mmokalee "Weed and Seed" areas, to reduce crime and enhance the appearance and safety of the Immokalee Community, said service to be paid from the grant funds collected by Collier County; and WHEREAS, Lee County Electric Cooperative, ]:nc., currently serves to the referenced Immokalee area; and WHEREAS, the Collier County Community Redevelopment Agency and Lee County Electric Cooperative, ]:nc., agree to implement such undertaking of the Community Development Block Grant Program as a worthwhile County purpose. NOWf THEREFOP. E, in consideration of the mutual promises and covenants herein contained, there Parties hereto agree as follows: I. SCOPE OF SERVICES: A. The CONTRACTOR agrees to the following: 1. The CONTRACTOR shall install approximately forty-five (45) streetlights and/or poles in locations identified by the Collier County Sheriff's Office ]:mmokalee Substation personnel and CRA Project Manager or the Manager's designee within the ]:mmokalee "Weed and Seed" boundary. 2. The CONTRACTOR shall maintain the newly installed streetlights and/or poles for five (5) years after installation. 3. All permits necessary for the prosecution of the work shall be obtained by the CONTRACTOR. Payment for all such permits issued by Collier County shall be processed internally by the County. All non-County permits necessary for the prosecution of the work shall be procured and paid for by the CONTRACTOR. The CONTRACTOR shall be solely responsible for payment of any and all taxes levied on the CONTRACTOR. AGENDA ITEM ,..-., DEC 1 ? 2002 4. The CONTRACTOR shall submit a detailed invoice after the first 25 streetlights are installed. A second invoice shall be submitted after the remaining streetlights are installed. Said invoices shall be accompanied by a cover letter from the CONTRACTOR'S Company with the information contained in Exhibit "A' attached hereto, and shall be submitted to the CRA Project Manager or his or her designee located at Collier County Planning Services, 2800 North Horseshoe Drive, Naples, FL 34104. 5. The CONTRACTOR shall provide a location and site address map of all streetlights installed. 6. The CONTRACTOR shall provide certificates of insurance as reference herein. 7. The CONTRACTOR shall make a good faith effort to recognize the Collier County CRA and the Collier County Financial Administration and Housing Department through the U.S. Department of Housing and Urban Development (HUD) as funding supporters in all publications and publicity as appropriate. 8. The CONTRACTOR agrees to implement its services under this Contract in accordance with the applicable federal, state and Collier County laws. 9. The CONTRACTOR shall provide a drug free work environment. 10. During the performance of the Agreement, the LCEC agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and a part hereof: a. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. b. 24 CFR Part ! - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. AC_~.IT~)A 17E.M DEC 1 7 2002 3 PI~. ~ -- c. Executive Order 11246, as amended by Executive Orders 11375 and 12086 and Revised Order Number 4 - which establishes hiring goals for minorities and women on projects assisted with federal funds. d. Title VI! of the Civil Rights Act as Amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. e. 24 CFR 135 - regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. f. 24 CFR Part 130 - Regulations which prohibit discrimination in employment in federally assisted construction contracts. g. Copeland Anti-KickbackAct. h. Florida Statutes, Chapter 112 - which deals with conflict of interest. i. 29 CFR Parts 3, 5 and 5(a) - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. B. The CRA agrees as follows: Provide up to $60,000.00 in funding toward the installation approximately forty-five (45) streetlights and/or poles and five (5) year maintenance to benefit !mmokalee residents throughout the Weed & Seed boundary. 2. Provide technical assistance to try to accomplish full compliance with HUD and applicable State, Federal and County regulations, and this Contract. 3. Coordinate with the Financial Administration and Housing Department to monitor the CONTRACTOR during the term of this Contract. Visits may be scheduled or unscheduled as determined by the CRA Project Manager or the Manager's designee, or the Financial Administration and Housing Department. Visits shall be conducted by t!,ie ~t~ Financial Administration and Housing staff or designees, to try to ccomplish full 4 DEC 1 ? 2002 compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner, and verify the accuracy of reporting to the Financial Administration and Housing Department on program activities. ZZ. ZNSURANCE: A. ¢0mmercial General Liability: Coverage shall have minimum limits of $500,000 occurrence, combined single limit for bodily injury liability and property damage liability. This shall include premises and operations; independent contractors; products and completed operations; and contractual liability. B. Professional Liability: Coverage shall have minimum limits of $300,000 per occurrence. The CONTRACTOR shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Contract and shall hold the County harmless against all claims from the negligent acts, errors, or omissions of the CONTRACTOR or by third parties. C. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall included owned vehicles, hired and non-owned vehicles and employee non- ownership. D. Worker's Compensation: ]:nsurance covering all employees meeting statutory limits in compliance with the applicable state and federal laws. The coverage must include Employer's Liability with a minimum limit of $1,000,000 for each accident. E. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an additional insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by the CONTRACTOR during the duration of this Contract. Renewal certificates shall be sent to the County 30 days prior to any expiration dar ,. ~s~'a-rr~/~r~ 5 DEC 1 7 2002 be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that it is required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. III. INDEMNIFICATION: The CONTRACTOR, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Contract or work performed there under. This provision shall also pertain to any claims brought against the County by any employee of the named CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown on this Contract or the CONTRACTOR'S limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does no pertain to any incident arising from the sole negligence of Collier County. I:¥. NO IIqPRgPER IJSE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafl:er enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized represen~tive shall deem any conduct on the parc of the Contractor to be objectionable or _ improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to corred: any such violation, conduct, or practice to the sat "~-"~'~^'~ County within b/venty-four (7_4) hours afl:er receiving notice of such violatic I, ~cluct: nr 6 DEC: 1 7 2002 practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. V. TERMZNAT:ION: Should the CONTRACTOR be found to have failed to perform its services in a manner satisfactory to the CRA as per this Contract, the CRA may terminate said Contract immediately for cause. in the event the grant to the County under Title ! of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. VI. CONTRACT ADMINISTRATION: This Contract shall be administered on behalf of the Collier County CRA by the Collier County Planning Services Department. VII. CONFLICT OF INTEREST: The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The CONTRACTOR further represents that no persons having any such interest shall be employed to perform those services. VIII. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the CONTRACTOR or to constitute the CONTRACTOR as an agent of Collier County or the Collier County CRA. IX. COMPONENT PARTS OF THI~ ~ONTRACT: this Contract consists of the attached component parts, all of which are as fully a part of this Contract as if herein set out verbatim. X. SEVERABILITY OF PROVISIONS: If any provision of this Contract is held invalid,, the remainder of this Contract shall not be affected therein if such remainder would then continue to conform to the terms and requirements of applicable law. AGEIT-IDA DEC 1 7 2002 X]:. SUBJECT TO APPROPR]:AT]:ON: It is further understood and agreed by and between the parties herein that this Contract is subject to appropriation by the Board of County Commissioners. ]:N WITNESS WHEREOF, the Contractor and the Collier County CRA have each, respectively, by an authorized person or agent hereunder, set their hands and seals on the date and year first above written. LEE COUNTY ELECTRIC COOPERATIVE, INC. Witnesses: By: Pamela May, President and CEO Corporate Secretary (Corporate Seal) - A"I-I'EST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney TCP/kn: h; public; kay; ag reeme nts iAGE]~ A I.TEM DEC 1 7 2O02 EXHZBZT "A" [Transmit on Letterhead Stationary] TO: CRA Project Manager Planning Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 FROM: Lee County Electrical Cooperative, :[nc, 4980 Bayline Drive North Fort Myers, Florida 33917 RE: Invoice Reimbursement Attached you will find invoice, Number ., requesting reimbursement in the amount of $. The expenditures for this invoice covers the period through You will also find attached backup original documents relating to the expenditures being invoiced. Approved for Payment by: Date: [Name] , CRA Project Manager Approved for payment by the Financial Administration and Housing Department: Date: [Name] , FAH Representative DEC 17 2002 .,. t2- EXECUTIVE SUMMARY APPROVAL OF FIRST AMENDMENT TO TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC., TO INCLUDE FY02/03 MARKETING AND ADVERTISING BUDGET IN THE AMOUNT OF $602,000.00, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board approval of First Amendment to Tourism Agreement with Kelley Swofford Roy, Inc. CONSIDERATION: On December 10, 2002, tourism consultant Elaine McLaughlin and staff presented the Tourist Development Council the proposed FY02/03 Tourism Marketing and Advertising Budget in the amount of $602,000 for the County's advertising vendor, Kelley Swofford Roy, Inc. The Budget is included at Exhibit "A" of the attached First Amendment to Tourism Agreement, as follows: Public Relations Special Projects Support Public Relations Expenses Collateral (Meeting Planner Guide) Shoulder Season (Drive Market-co-op) FLAUSA Directory Meetings Market Affluent Consumer Golf Market Nature/Outdoor Internet Marketing Opportunity Marketing Production Total $36,000 40,000 20,000 185,000 20,000 17,680 17,190 20,000 22,035 145,000 39,095 40,000 $602,000 In July 2002, the Board approved a 2003 Tourism agreement with Kelley Swofford Roy, Inc. The original agreement established the contract period of October 1, 2002 through September 30, 2003 for Public Relations Fees in the amount of $108,000. The proposed First Amendment to the Agreement adds the FY02/03 Marketing and Advertising Budget of $602,000 to their agreement. The Tourist Development Council was unanimous (8-0) in recommending Board approval of the FY02/03 Marketing and Advertising Budget for Kelley Swofford Roy, Inc. Total amount of the amended Tourism Agreement with Kelley Swofford Roy for FY02/03 Public Relations fee ($108,000) and FY02/03 Marketing/Advertising Budget ($602,000) is $710,000, as reflected at Exhibit "A" of the attached First Amendment. FISCAL IMPACT: No fiscal impact regarding the FY02/03 Advertising/Marketing Plan as funding for $1.2 Million was included in FY02/03 Fund 194 Tourism Advertising/Promotion budget approved effective October 1, 2002. AC, rJ~A ~ . ;ard g !c GROWTH MANAGEMENT IMPACT: There is no growth management impact action. 2OO2 RECOMMENDATIONS: Board find that the FY02/03 Marketing and Advertising Budget serves ~publi¢ purpose and approve First Amendment to Tourism Agreement with Kelley Swofford Roy, Inc., as recommended by thTourist Development Council. D. E. "Bleu" Wallace, Director CDES Operations Department Steve Cam , Purchasing Director Purchasing Departmem DATE: /Jo/~eph K. Schmitt, Administrator ommunity Development & Environmental Services Division AGENDA ITEM DEC 1 7 2002 pg. ~ ....... \ ~ FIRST AMENDMENT TO TOURISM AGREEMENT This First Amendment to Tourism Agreement, made this ~ day of , 2002, (hereinafter referred to as "First Amendment) is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and Kelley Swofford Roy, Inc., a Florida corporation (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the County and Contractor entered into a Tourism Agreement dated July 30, 2002 (the "Agreement"); and WHEREAS, the County and Contractor desire to amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties ague as follows: 1. Section 2p is hereby added to said Agreement: KSR shall have the responsibility for the implementation of the FY02/03 Advertising/Marketing Budget attached hereto as Exhibit "A" that was reviewed and endorsed by the Tourist Development Council on December 10, 2002, and subsequently approved by the Board of County Commissioners with the execution of this Agreement. The FY02/03 Advertising/Marketing Budget, attached hereto as Exhibit "A' shall have been effective upon execution of this First Amendment and valid through September 30, 2003, unless amended by the Board of County Commissioners. The sum of $602,000.00 for items cited in the Advertising/Marketing Budget on the attached Exhibit "A", shall be funded entirely from Tourist Development Advertising Fund 194. 2. Section 4b of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: Beginning on October 1, 2002 and each month thereafter, the County will remit to Contractor a monthly public relations fee in thc amount of $9,000.00 or $108,000.00 total for the twelve month period, October 1, 2002 through September 30, 2003, unless amended by the Board of County Commissioners, upon submission of invoices by Contractor in a timely manner, for Public Relations professional services as described in Exhibit "A". Activity, performance and monthly retainer amounts will be reviewed quarterly, based on billable time, Special projects, such as market research, must be authorized and pre- approved by the County and will be billed separate}y. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS CO! .1 .i~R COUNTY, FLORIDA , Clerk By:. ut.L; 1 ? 2002 KIqJ].~y SWOFFORD ROY, INC. By: WtXmess Signature Printed/Typed Name Approved as to form and legal sufficiency: Heidi F -Ashton Assistant County Attorney h:HF.%\A~eemcntsXl'~ Amendment-tourism agreement D~L; ~ ? 2002 'l" X I,U BEt; 17 2002 ~ 13.. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARLTON LAKES UNIT 3-C", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Carlton Lakes Unit 3-C", a subdivision of lands located in Section 19 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Carlton Lakes Unit 3-C" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Carlton Lakes Unit 3-C" be approved for recording. FISCAL IMPACT: The project cost is $199,216.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 71,600.00 - $127,616.67 The Security amount, equal to 110% of the project cost, is $219,138.34 Executive Summary Carlton Lakes Unit 3-C Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4,182.96 Fees are based on a construction estimate of $199,216.67 and were paid in September, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 555.95 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 358.00 Drainage, Paving, Grading (.42% const, est.)- $ 535.99 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1074.00 Drainage, - $1659.02 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Carlton Lakes Unit 3-C" for recording with the following stipulations: Approve the amount of $219,138.34 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. Executive Summary Carlton Lakes Unit 3-C Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas ~.v' Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: munity Development & Environmental Services j rh 'D~te / C)[C t EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR THE LANDSCAPE MAINTENANCE AGRF. EMENT WITH FP& L FOR THE FUTURE LANDSCAPING AND MAINTENANCE ALONG THE WEST SIDE OF LIVINGSTON ROAD AND NORTH SIDE OF GOLDEN GATE PARKWAY ADJACENT TO THE FLORIDA POWER & LIGHT SUBSTATION. OB~IECTIVE: To request Board approval for the landscape maintenance agreement with Florida Power & Light for future landscaping and maintenance along the west side of Livingston Road and North side of Golden Gate Parkway adjacent to the Florida Power & Light substation. CONSIDERATIONS: Florida Power & Light has presented landscaping plans to the Livingston Road MSTU and Collier County Transportation. The landscaping is intended to screen the substation, which is visible on both Livingston Road and Golden Gate Parkway. Florida Power & Light will fund the landscape installation and all future maintenance according to the agreement. ~ FISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the landscape maintenance agreement with Florida Power and Light for future landscaping and maintenance along the perimeter of the substation. SUBMITTED BY: ~ r--q ~ DATE:/7~~ ~'"'~ P~//l~lich, A~/~:~°Ject Manager Edward ' ~ant~'~-'~rt/ation Operations Director APPROVED BY: q '~~'-"' ator DATE: /~f///~ Norn{an 'Fedei:, AICP, Transportation Administr Attachments: No. 1 - Landscape Maintenance Agreement No. 2 - Landscape Plan DEC 1 7 2002 LANDSCAPE MAINTENANCE AGREEMENT TH/S AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this .~ day of ,2002 by and between CO1J.IER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "FPL") whose mailing address is P.O. Box 14000, Juno Beach, FL 33408 for the landscaping and hardscaping improvements and landscape maintenance of the perimeter right-of-way on Golden Gate Parkway (a distance of about 900' west of Livingston Road) and Livingston Road (a distance of about 1000' north of Golden Gate Parkway). WITNESSETH: WHEREAS, these sections of Golden Gate Parkway and Livingston Road is within both the boundaries of the County; and WHEREAS, the right-of-way line of this section of Livingston Road borders on the property of FPL, and WHFRF ^ S, FP[., h~, at it~ e×pen~e, provided enhanced landscaping troatment along the perimeter of Golden Gate Parkway and Livingston Road; and WHEREAS, FPL desires to maintain the enhanced landscaping for an indefinite period of time; and WHEREAS, it is agreed to by the County and FPL, that this Agreement is in the best interest of, and is of substantial benefit to, the general public· NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: 1. FPL has, at its own expense, completed the design work for the landscaping and hardscaping, including irrigation lines and drainage facilities, in accordance with Florida Department of Transportation standards, for the section of Golden Gate Parkway and Livingston Road that borders on the property of FPL. 2. In general, the project has installed landscaping along Golden · AGENDA ~fiM Parkway and Livingston Road. FPL has paid for all costs associated with the roj~r. H ~ I'~ including construction and installation. FPL shall be responsible for maintena ce of thb - DEC 1 7 2002 said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in the attached Exhibit 3. FPL expressly agrees for itself not to use the hereinafter-described right-of-way in a manner, which would interfere with or adversely affect the traffic operation or maintenance of Golden Gate Parkway and Livingston Road. 4. Should FPL fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to FPL in writing, specifying the nature of the deficiency in maintenance. Within ten (10) working days of receipt of such notice, FPL shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to FPL, and present the bill to FPL for all actual costs incurred in effecting the repairs. FPL shall cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 6. FPL, as it pertains to initial construction and maintenance as Indemnitor hereunder, shall indemnify and save harmless the County as Indemnitee hereunder, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and co~t~ of litigation, ~g~init them ~ri~ing out of FPL'~ ute of the right-of-u, ay for the purposes set forth in this Agreement to the extent such use violates the terms of this Agreement. 7. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 8. Prior to commencing work on any improvements contemplated by this Agreement, FPL must obtain a right-of-way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is performed. FPL shall be responsible for having the permit duly executed. 9. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either (i) the County implements any plan that modifies Golden Gate Parkway or Livingston Road, or (ii) the County determines that the improvements cause a safety or capacity issue. 10. In the event either party hereto shall institute legal proceedings n AGe,Dh IJfikl connection with, or for the enforcement of, this Agreement, the prevailing pan shill bel_.i~ ~ [ DEC 1 7 2002. entitled to recover its costs of suit, including reasonable attorneys' fees, at both trial and appellate levels. 11. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall inure to and be the obkigation of the parties and their respective heirs, successors or assigns. 13. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 14. This Agreement may only be amended by written agreement of all parties. 15. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving FPL sixty (60) days written notice. 16. This Agreement shall be governed in accordance with the laws of the State of Florida. (Rest of page left intentionally blank for signatories) AGEND~ I~'EM , DEC 17 2002 pg. 4 ._~%_. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: BOARD OF COUNTY ATTEST: COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FL By: James N. Coletta, Chairman : ,/- FLORIDA POWER & LIGHT WitneSs' Si~ature ~nature Printed name Printed name and title Witness ~nted name orm and legal sufficiency: Pa¢ck~nite~ '/ ' ~ '~ Assistant County Attorney ASE/Agreements/Landgcape Maintenance Agreement.doc DEC 17 2002 4 From:[DLLIER OOUNW T~TATION 239 659 5787 10/22/2(I72 08:58 ~17 P.002/007 site l~',~g .b.ll be ~ed u ~¢ ~g of~y plot's fore below a t~-foot (10') l~eL ~o~ov~, ~& ~y ~es ~d p~ ~ ~o a ~ foot (10') 1,vel, ~bs}! be ~emd ~d ~ om a we~y ~d b~, ao ~ ~ ~ ~ or m~ed h' :i~ for ~U, ve~ m~t p~o~ md · ~,n b. ~ ~ · ~,~.,.M ~ ~ a ~el~ ~ (12") ~ ~'f~= ~ (24'~ h:i~ b~od ~ ~ ~ ~ ~ (12~'). ~s =d ~v~ ~jac~t. to papaya. ~ n~1~. ~h.tl b~ ~e~ ~ ~ ~.. , - From:0OLLIER 00UNTY TRANSPORTATION 229 ~ 5787 10/22/20[r2 02:58 ~17 P.002/007 L.ANDSC~,~d:~E M~dNT~N~C;i~ SPECII~ICATION$ (Comfimued) G. CANOPY TI~E~ A~%'D PAS.,~ PR~'iNG ~ ~s. ~c Co~ ~~ ~ approve a ~obssio~ ~c~md ~ ~ ~ees ~d= ~ ~on of a D~C ~ 7 2002 From:O3LLIER 03LDffY TRANS43RTATIOH 229 659 5787 10/27_/~02 02:59 ~17 P.004/007 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) F.I~.O.T. tr~c con,mi a~andsrds s~t indexer. pslm~ ~ed below. P-3 P9- ~ -- From:COLLIER COUNTY TRANSPORTATION 239 659 5787 10/22/2902 02:59 ~17 P.005/007 ',' LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) I'VC ~ ~ or mb~an~ce p/p/ng or re.~a~t ~cinkler ~-~, ~~ of ~ ~ b~ md s~ de~c~ ~ n~dc~ b. Op~ z~e ~ol v~ve ~s~es ~d ~ck co~ ~ve box~ ~o ~ ~v=~ for b. ~e Develop~ ~ record ~d pro.de m ~e Co~'s S~ 7,2001 Pg. From:OOLLIER P_ZI~Y ~T^TION 239 659 5787 ]0/22/2002 03:59 ~17 P.006/007 'L- ' ' LANDSCAPE MAINTENANCE SPECIFICATIONS. (Continued) ~~ ~y. z~s fox o~ g~ ~o~ ~ pro.de ~j~ 1. ~ m~ z~ s~ be ~y ~ on at.~ valve 3, ~cck ~ o~E~ -~ ~ s~g ~ for ~ ~e~don 4. ~e D~og~ nh.l] ~ adj~ ~ ~o~ h~a~ ~ p~ (100%) ~o= M~hly S~ce ~~: A. ~c.h n~di~n s~I aide r/w z~ B. ~~~ybI~he~, ~o~ ~le~ ~o~he~ or'~v~. D. ~ D~ ~ ~ ~: ~ ~ ~ w ~ ~t ~ ~caped ~eu r~ve one ~d p~ (100%) ~ AG- ~ T M .... ~=~ s~ ~~ ~= ~ s~: DEL i ? 2~2 2-5 pg. S~ 7,2001 _ From:O].LIF~ O(X,N~ TRN~TATION 238 659 5787 10/22/2002 04:00 ~17 P,007/007 -- LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 3. R~pl~e damaged vs2v'e'~~ ~ ~ed ~ ~ ~~e Dev~. ~ve bo~s ~ p~ he~ ~e ~ be k~t ~o ~cs (2") ~6ve ~hed m~ch ~E ~c ~ ;~ off~ oral= ~ pro~c~ pl~ ~m posmble ~e~e vol~ o~ wh~ nece~. M.. Pest Co.mol Trees, Pal=as, S2trm~, C.,'rou~clcov~, and Sod ~,~ be closely ~~ ~ p~ ~ ~ --~- --. ~:.~-~--'- ~ ...... appr~e~ ~ s ~ed P~ C~I ~ ~~ ~ ~e. Co~'s ~s~. ,~~'~,,~M DEC 1 ? 2002 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE THE DONATION OF FOUR DECORATIVE LIGHT POLES BY THE BAYSHORE BEAUTIFICATION MSTU TO THE NAPLES BOTANICAL GARDEN. OBJECTIVE: For the B-~ard to approve the donation of four decorative light poles by the Bayshore Beautification MSTU to the Naples Botanical Garden. CONSIDERATIONS: As part of the Bayshore Beautification project, four decorative light poles were donated to the MSTU by the Pennsylvania Globe Gaslight Company. Because these poles were determined not to meet UL standards for wet locations or South Florida Building Code requirements, the MSTU committee voted to use another pole manufacturer, which eliminated the need for these existing fixtures and poles. The total value of this donation is $11,609.33. _ISCALIMPACT: There will be no cost to the county for the donation of the poles to the X~-~ ~o~ ~arden. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the donation of four decorative light poles by the Bayshore Beautification MSTU to the Naples Botanical Garden. SUBMITTED BY: {/~t,_~~' ?"~ DATE: Bob Petersen, Project Manager REVIEWED BY: , fz" / ' ~' ' DATE: Mic~) k. Etelamaki'~, P.I~. Road Maintenance Director APPROVED BY: 7 ?J"~, ~~ DATE: Nor~] E. Feder, AICP, Transportation Administrator DEC 1 7 2002 Pcl. EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF CONSULTING FIRMS AND SUBSEQUENT CONTRACT NEGOTIATIONS FOR PROFESSIONAL DESIGN & ENGINEERING SERVICES FOR 4-LANE ROAD IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD BETWEEN POLLY AVENUE AND COLLIER BOULEVARD, PROJECT NO. 60169, RFP 03-3446. OBJECTIVE: To receive Board approval of Committee's short listing of three firms for professional design and engineering services for 4-lane road improvements to Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, and authorization to begin contract negotiations with the top ranked firm for subsequent Board approval. CONSIDERATIONS: Rattlesnake-Hammock Road is identified in the Transportation Division's 5-Year Work Program for expansion from a two lane roadway to a four lane roadway. Design and construction fi~nds are budgeted within Fiscal Year 2003. On October 11, 2002, Request for 'Proposal 03-3446 was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised. Notices were sent to 147 firms and 8 responses were received by the due date of November 1, 2002. The Committee reviewed ..... and ranked all eight (8) proposals and short listed the following top three (3) firms. The final ranking, established through oral presentations, is submitted for approval and contract negotiations as follows: 1. Agnoli, Barber & Brundage; 2.) American Engineering; 3.) Stanley Consultants The professional design and engineering services will provide the County with construction plans and specifications for improving the existing two-lane roadway into a four-lane roadway within the existing right of way when feasible. The scope of work will also include a conceptual six- lane design and identification of right of way needs for future expansion. Pending Board approval of this list, staff will begin to prepare the Agreement for Services and negotiate fees with Agnoli, Barber & Brundage (AB&B). If, under good faith negotiations, a fair and reasonable cost for providing services cannot be reached, the County would terminate negotiations with AB&B and proceed by negotiating in accordance with Florida State Statute 287.055. -X~ FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: This project (CIE No. 77) is consistent with the Growth Management Plan. ---- RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Committee's selection of firms. (2)Authorize staff to begin Contract negot atl. o.l~il~M selected firms, in the order of their ranking. DEC 1 ? 2002 Pg. ~ SUBMITTED BY: ?.~'~,,., ~ Date: z z -5' --Gary R~. t~taansuu, P.E., Senior Project Manager REVIEWED BY: ¢,..(~ ~2~d~','- Date: I%-~-oT_- Dale Bathon, P.E., Principal Project M~ager Gregg Str~aluse, P.E. Director Tr~sponation Engineering & Cons~ction M~agement Dept. APPROVED BY: ~~~ Date: [~~ ~ Steve Cmell~irector, Puryhasi~General Se~ices Dept. APPROVED BY: 7~j, ~~~ Date: ~~ No~ Feder~ Administrator Tr~po~ation Division DEC 1 7 2002 EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH G.L. HARDY, LTD. AS DEVELOPER FOR ROAD IMPACT CREDITS AND VESTING RIGHTS IN EXCHANGE FOR THE DESIGN AND CONSTRUCTION OF THE NORTHWARD EXTENSION OF LOGAN BOULEVARD. ALL RIGHTS TO DEVELOPER UNDER THE DEVELOPER CONTRIBUTION AGREEMENT ARE SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a developer contribution agreement with G.L.- Hardy, Ltd., a Florida limited partnership, for road impact fee credits and cash reimbursement equal to the County approved cost of construction of a two-lane extension of Logan Boulevard between Vanderbilt Beach Road and the entryway to the Teracina Development North of Immokalee Road. CONSIDERATION: G.L.-Hardy Limited Partnership by and through Alan Fant, Vice- President of GL Homes of Naples II Corporation, a Florida Corporation and the General Partner of G.L Homes of Naples Associates II, Ltd., a Florida Limited Partnership that is the General Panner of G.L.-Hardy, Ltd., who has been duly authorized to execute this Developer Contribution Agreement for Road Impact fee Credits and cash reimbursement. G.L. Homes has agreed to advance the cost o£ design and construction of the roadway. In exchange, Collier County has agreed to issue a Certificate of Adequate Public Facilities for Roads and --- permit the vesting of 850 residential units as construction progresses. Construction is to Proceed pursuant to the Phasing Schedule attached to the Agreement. The costs of road impact fees needed for this number of residential units is estimated to be $4,737,475.00, a sum that is less than the estimated cost of Five Million Nine Hundred Thousand Dollars [$5,900,000.00] for construction of this portion of Logan Boulevard. Collier County will reimburse the developer for construction costs that exceed the amount needed for road impact fees for the stated number of units. Both the vesting and the issuance of credits will be dependent upon the progress of the construction of the road. Collier County is agreeing to reimburse the developer for costs of construction that exceed the amount needed to prepay road impact fees needed for the 850 residential units by 2006. The cost of construction and design will be subject to approval by the County. Collier County is also agreeing to assist in the procurement and acquisition of one parcel of the right-of-way if needed with such costs being advanced by the developer until 2006. A related development, Saturnia Lakes will provide a portion of the'roadway needed for Logan Boulevard upon request by the County according to its PUD. Portions of the roadway currently under the control or ownership of the developer will be conveyed to the County at no cost to the County. Additionally, this extension of Logan Boulevard is to be advanced into the Transportation Division's Five Year Plan. The Transportation Division has agreed to recommend the issuance of road impact fee credits equal to the approved costs of construction. The cost of construction is preliminarily estimated to be $5.9 million dollars. AGENDA '""' NO. ~ Approval is requested subject to the prerequisite that no impact fee cre its vesting will issue until all conditions of the developer contribution a reernmw nave'-'oe'en satisfied. Pg. \ FISCAL IMPACT: The Impact Fee credits will come out of the Road Impact Fee District One Fund (331) for a fight of way dedication by the developer that otherwise would have been expended by the County for its acquisition. G~ROWTH MANAGEMENT,.: Growth Management is not affected because no zoning issues or land use issues are involved. RECOMMENDATION,,: That the Board of County Commissioners approve the developer contribution agreement with conditions. ~rTared by: J~u~ifi~ ~b~ Rob[nBn, ~sist~t Co~ty AUomey Reviewed an.d Approved by: / 11 Date: oonald L. S~cott, Di'r~ctor' Transportation Planning Rev~. 77~7 by: ~'/ ,' ,, ,~,-.~,~,, ~.~.~ ,, Date: /t ~/~ N Feder, Tm~t~on Adm~mstmto Rdvi~d ~pproved~: _ ~~~ Date: / ~l/~ ~~i~ Development Se~ices No.__~. g 6- 4' 2 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS No. 2002-009-TR-GL Homes THIS CONTRIBUTION AGREEMENT ["Agreement''] is made and entered into this of , 2002, by and between G.L.- Hardy, Ltd., 1401 University Drive, Suite 200, Coral Springs, Florida 33071, A Florida Limited Partnership, duly organized and authorized to conduct business in the State of Florida, [hereinafter referred to herein as "Developer"], by and through Alan Fant, Vice President of GL Homes of Naples II Corporation, a Florida Corporation and the General Partner of G.L Homes of Naples Associates 1/, Ltd., a Florida Limited Partnership that is the General Partner of G.L.-Hardy, Ltd., who has been duly authorized to execute this Developer Contribution Agreement for Road Impact fee Credits and cash reimbursement and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, G.L.-Hardy, Ltd. is desirous of entering into a contribution agreement with the County which grants cash and credits for road impact fees and certain vesting rights for road concurrency, in exchange for the contribution of advanced off-site roadway construction improvements consisting of the extension of Logan Boulevard as a two (2) lane divided roadway between Vanderbilt Beach Road and Immokalee Road [hereinafter described as the "Project" as set forth in a conceptual description and graphic rendering attached hereto in Composite Exhibit "A" and "A- l''; and WHEREAS, the County shall receive a certain land donation as provided for in PUD 2002-39, and as set forth in a narrative description and graphic rendering attached hereto in Exhibit "B", necessary for the construction of the Project; and WHEREAS, G.L.- Hardy has a contract to purchase certain lands, (hereinafter referred to as (Terafma), described and graphically rendered in Composite Exhibit "C" and C-I", attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon a Preliminary Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as Exhibit "D"; and WHEREAS, the parties agree that Developer shall submit for C, unt~~]_'-.~/,,/_ Final Certified Estimate of Probable Costs to design and construct the DEC 1 7 2002 by a Professional Engineer subsequent to the date of this Agreement and prior to the issuance of a right-of-way use permit by the County in connection with the Project; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed fifteen [15%] percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15%] are caused by changes or modifications to the Project requested by the County fi.om time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project; and WILE. REAS, the parties acknowledge that it is in the best interest of the County for the DeVeloper to design and construct the Project; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the Proposed Plan as defined in the Impact Fee Ordinance for donations, credits, cash and contributions as set forth in this Agreement is in Conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Collier County Board of County Commissioners, [hereinafter "Board"], the Board has authorized the County Attomey to prepare this Developer Contribution Agreement ["DCA"] upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with or is projected to be consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and AGENDA Il ,Zk.~ ,,. NO. ~ O,_,. 1 7 2002 2 pg. L~ WHEREAS, pursuant to the Terafma PUD Ordinance No.2001 - 71 it was agreed, inter alia, that: A. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. B. The developer may commence on site horizontal construction only within Terafina at the time the four-laning of lrnmokalee Road is complete up to C.R. 951. C. The developer agrees to fired up to $500,000.00 in exchange for impact fee credits for improvements to the intersection of Oaks Boulevard and Immokalee Road at the time of the issuance of the first certificate of · occupancy for a residential structure, hereinafter referred to as the "Oaks ~ Conthbution." WHEREAS, It is anticipated that the time for build out of the Terafina Development will exceed five [5] years for concurrency purposes, the parties agree that good cause exists for an automatic five [5] year extension of the initial five [5] year vesting period provided, Developer substantially adheres to the Phasing Schedule as determined by the Transportation Division Administrator [A copy of the Phasing Schedule is attached hereto in Exhibit "E" and agreed to thereby by the County; and WHEREAS, this DCA shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act; and WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey or cause to be conveyed the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution until Developer's legal counselshall advise the County Attorney in writing that Developer has secured a performance bond or other surety in the mount of the Final Certified Estimate of Probable Costs plus a 15% contingency and Developer shall submit such DEC for approval by the County prior to the time of Developer's application for the fight-of- way use permit; and WITNESSETH: NOW, TI-[EREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: 1. The projected road impact fees needed for 850 residential units of the Terafma Development is estimated to be Four Million Seven Hundred Thirty Seven Thousand Four Hundred Seventy-Five Dollars [$4,737,475.00]. 2. Prior to the commencement of any construction work in connection with the Project ("Construction Work"), Developer shall deliver the following items to the appropriate governmental entity for said governmental entity's review and approval: A. For purposes of establishing the amount of the "Surety" (as hereinafter defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a Final Certified Estimate of Probable Costs prepared by Developer's design engineer ("Professional Engineer") which shall set forth the estimated cost (including, without limitation, the cost of any and all labor, mater/als, testings, filing fees, permit fees, mitigation costs, construction and engineering inspection services, and any and all other ancillary costs and expenses) of construction necessary to complete the Project in accordance with the "Plans and Specifications". After the Final Certified Estimate of Probable Costs has been submitted to and approved by the County, then the same shall be referred to herein as the "Final Certified Estimate of Probable Costs." The Final Certified Estimate of Probable Costs shall not be subject to change or modification without the written consent of both Developer and the County. B. The Professional Engineer shall prepare the plans and specifications for the en~neering and site development work (as amended fi-om time to time, the "Plans and Specifications") for the Project. After the Plans and Specifications have been submitted to and approved by the appropriate governmental entities, Developer shall not change, revise or modify the Plans and Specifications without the prior written consent of said governmental entities. C. On or before the date on which Developer submits the application for a right-of-way use permit, Developer shall procure, at its election, either a bond or letter of credit ("Surety") in favor of the County in an amount ~!;~O hundred-fifteen percent (115%)of the Final Certified Estimate Costs. 4 :" 3. The County shall have the right to draw against the Surety only after an "Event of Default" (as hereinaRer defined) has occun'ed and remains continuing beyond the "Cure Period" (as hereinafter defined); provided, however, notwithstanding anything to the contrary contained in this Agreement, the County must provide Developer with written notice of its intent to draw again.qt the Surety (including the mount to be drawn) not less than ten (10) days prior to making such draw, and the County shall only be permitted to use the drawn Surety funds towards the completion of the Project in accordance wifla the terms of this Agreement. 4. Developer shall have the fight to (i) once per quarter reduce the Surety in an amount equal to the amount of funds expended by Developer in connection with the Project during the immediately preceding quarter, and (ii) terminate and extinguish the Surety on the date on which the Project has been completed and accepted by the County. 5. Developer shall not have any obligation to either increase the amount of the Surety to an amount greater then the Final Certified Estimate of Probable Costs nor replace any amount of the Surety after any draw against (by the County) or reduction of (by Developer) the same. 6. Developer shall deliver to the County, simultaneously with the execution of this .... Agreement, an attorney's opinion letter attached hereto as Exhibit "F" stating: (a) Developer is an entity duly formed, validly existing and authorized to conduct its business in the State of Florida; (b) Developer has the requisite authority (i) to enter into and execute this Agreement; (ii) to perform under and in accordance with the terms and conditions of this Agreement; and (iii) procure financing in the amount of the Surety. 7. The County shall be responsible for the acquisition of the portion of the right-of- way of the Project not owned or controlled by the County and needed for the construction of the Project, inclusive of all embankment easements, temporary construction easements, drainage easements, retention areas as well as all other types of easements and areas acceptable to the County, through eminent domain or any other method of acquisition. Developer shall be obhgated to pay to the County all costs associated with such acquisition, including, without limitation, the preparation of alternative alignments, legal descriptions and appraisals. Developer shall be reimbursed by the County for any and all costs paid by Developer to the County in connection with this acquisition no later than October 1, 2006. A conceptual graphic rendering and written description of this parcel is attached hereto as Exhibit "G". The County's obligation to reimburse Developer under this paragraph shall survive the completion of the Project and acceptance of the same or earlier termination of this Agreement. 8. Upon receipt by the County of all documentation needed for the az ~o2~ the privately owned parcel identified in Paragraph seven (7) abov~ wffii:~u~i, i'i ~,..i , r documentation to be delivered by Developer to the County no later t n ~tob~rz--~~'' 5 I 7 2002 Pg. ~ 1, 2003), Collier County shall begin the process of acquiring this parcel. A Preliminary List of Documents needed from Developers is attached hereto as Exhibit "H'. 9. The amount of road impact fee credits to which Developer shall be entitled to under this Agreement (collectively, "Road Impact Fee Credit Amount") shall be equal to the amount of the Final Certified Estimate of Probable Costs as amended from time to time. The Road Impact Fee Credit Amount shall be earned and available for use by Developer immediately upon (a) Developer expending any monies towards the design, construction and ultimate completion of the Project with the amount of Road Impact Fee Credit Amount earned being equal to the amount expended by Developer fi:om time to time, and/or (b) the County drawing against the Surety with the amount of Road Impact Fee Credit Amount earned being equal to the amount of monies drawn by the County against the Surety from time to time, and/or (c) the payment of any and all monies by Developer to the County in the event the County is unable to collect on the Surety and the County seeks and receives payment from Developer in lieu of the Surety. The Road Impact Fee Credit Amount once earned by Developer shall not be subject to forfeiture, reduction, rescission or diminishment regardless of whether or not Developer commits an Event of Default. This paragraph shall survive the completion of the Project and acceptance of the same by the County or earlier termination of this Agreement. 10. Until such time as the Project is constructed, completed and tendered to the County for acceptance, Developer shall indemnify, and hold harmless the County from all liability directly ar/sing fi:om the construction of the Project and shall furnish adequate liability insurance in the amount set forth in the County Risk Management Guidelines as attached hereto as Exhibit "I'. Such insurance shall be in addition to the Surety posted for the completion of the road. 11. In the event the actual cost of construction of the Project is less than the Final Certified Estimate of Probable Costs, Developer shall be responsible for reimbursing the County for all road impact fees utilized above the actual cost of construction. Any over-payment of credits by the County shall be reimbursed to the County within ninety [90] days alter the County's demand for the same after completion of the Project, if it determines more road impact fee credits were utilized than the Developer was entitled to receive. Developer therefore shall pay all the: ,ad impact fees above the actual cost of construction of the Project. 12. Upon acceptance of the Project by the County, if the actual cost of completing the Project exceeds the actual mount of Road Impact Fee Credit Amount utilized by Developer, then on or before October 1, 2006, the County shall be obligated to reimburse Developer an amount equal to the actual cost of completing the Project less the actual amount of Road Impact Fee Credit Amount utilized by Developer. Therefore, the County sha~b~Tge--7_ 6 Developer for all amounts expended by Developer in completing the Project above the actual amount of Road Impact Fee Credit Amount utilized by Developer. This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 13. In exchange for the advanced construction of the Project, Developer shall be vested for traffic co~.,.currcncy purposes with 850 residential units in the Terafina Development as the construction of the Project shall be deemed a prepayment of road impact fees and the Developer shall be vested in these units for a minimum of five (5) years after the execution of this Agreement. It is anticipated that the time for build out of the Terafina Development will exceed five [5] years for traffic concurrency purposes. The parties agree that good cause exists for an automatic five [5] year extension of the initial five [5] year vesting period prOvided Developer substantially adheres to the Phasing Schedule attached hereto in Exhibit "E" and agreed to thereby by the County. The additional five (5) year vesting period shall commence on the date on which the initial five (5) year vesting period expires. If the total road impact fees needed for the Terafina Development exceeds the cost of the Project, Developer shall be responsible for paying the difference at the rate then in effect. Said vesting shall be evidenced in a duly authorized Certificate of Public Facilities Adequacy issued by the - County. Developer shall apply for the Certificate of Pubhc Facilities Adequacy by way of written letter and a copy of this Agreement fully executed and the County shall issue such certificate based on the same within thirty [30] days of the execution of this Agreement or as soon as possible. This paragraph shall survive or the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 14. The County shall utilize its best efforts to review and approve, and use its best efforts to cause other governmental entities to review and approve, all plans, specifications, applications and/or other submittals delivered to the County and other governmental entities within ten (10) business days after the same has been submitted to the County and such other governmental entities for review and approval. 15. The County shall utilize its best efforts to assist and cooperate with Developer in the application, procurement and issuance of any and all permits, inspections and approvals necessar~ to construct and complete the Project in a prompt and timely manner. 16. The County shall join in, and the County shall use its best efforts to cause other governmental entities to join in, any and all applications, submittals and such other items which are necessary to construct and complete the Project. ..,j. :.: 7 17. The total amount of Road Impact Fee Credit Amount earned by Developer under this Agreement shall be evidenced by an appropriate Road Impact Fee Credit Ledger. [Attached hereto as Exhibit "J"]. The County shall on a current basis maintain on the Road Imiaact Fee Credit Ledger written evidence of the Road Impact Fee Credit Amount earned, used by and available to Developer until such time the Road Impact Fee Credit Ledger reflects a zero balance. 18. Developer shall have the right to rely upon the Road Impact Fee Credit Ledger for confirmation of the Road Impact Fee Credit Amount remaining to Developer under the terms of this Agreement. 19. Developer represents, warrants and covenants to the County that the following are tree and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the completion and ac6eptance of the Project: A. Developer is a limited parmership duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by Developer has been duly authorized and no consent of any other person or ep. tity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against Developer in accordance with its terms. C. The Project shall be constructed in accordance with the Plans and Specifications in a good and workmanlike manner free from all defects, liens, claims and encumbrances caused by or through Developer, except as specified pursuant to or in accordance with this Agreement. D. Once Construction Work has commenced on the Project, Developers shall ensure that the construction of the Project shall not stop for a period in excess of thirty [30] consecutive days or longer, unless said stoppage is: (a) Required by the County or any governmental entity and not caused by actions or omissions of Developer or its employees or agents; or (b) Caused by an "Act of God" as that term is generally known in the construction industry. E. Developer has not granted, and will not grant or permit to exist, any Lien (as def'med below) on or against all or any portion of the Proiect, other than Permitted Encumbrances (as def'med below). As used herein, "L i~r14hatl--me, an any security interest, mortgage, pledge, lien, hypothecation, ju 8 similar legal process, charge, encumbrance, title retention agreement or analogous instrument or device (including, without limitation, the interest of the lessors under capitalized leases and the interest of a vendor under any conditional sale or other title retention agreement), but excluding (i) any easements, covenants or restrictions of record necessary for the construction and completion of the Project and/or acceptable to the County and (ii) hens arising from taxes or claims of suppliers, mechanics, carriers, warehouses, landlords and other like persons, where such taxes or claims are being contested in good faith by appropriate proceedings, or a surety posted therefor. As used herein, "Permitted Encumbrances" shall mean Liens approved by the County. F. The Developer represents and warrants that there are no actions at law, suits in equity or any other proceedings before any governmental agency, commission, bureau, or other arbitration proceedings against or affecting the D~veloper that if adversely determined would materially and adversely affect the Developer's ability to complete the Project or would adversely affect the Developer's ability to execute and deliver, and perform its obligations under, this Agreement. 20. In the event of a thirty [30] day stoppage of work on the construction of the Project as described above in paragraph 19, the County shall have the right to call upon the Surety for ar~y necessary draw, pursuant to and in accordance with Paragraph 3 herein, to continue or complete the Project. If the Surety fails to immediately provide necessary funds to the County for the County to continue or complete the Project, the County may take any and all legal action available to it, including declaring Developer in default of this Agreement (subject to applicable notice and cure provisions), and the County may take all necessary steps to complete the Project and' secure "Reimbursable Costs". The term "Reimbursable Cost" as used in and throughout this Agreement shall mean the actual cost to complete the Project in accordance with the Plans and Specifications for the Project as they exist at the time of default or Event of Default by Developer under this Agreement that causes Developer's removal from, and the County taking over and completing, the Project; it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and/or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mea,a: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. 21. The County represents, warrants and covenants to Developer that the following are tree and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the com~.on.~nd. - acceptance of the Project: t :?£i~ 5.. i': -..,r ..,J. _ .2_. A. Collier County is a corporate body politic duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by the County has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against the County in accordance with its terms and conditions. C. The County shall (i) issue the Road Impact Fee Credit Amount to Developer, (ii)_vest the Terafina Development with traffic concurrency for 850 residential units for the initial five [5] year vesting_period and the five [5] year extension vesting period, (iii) issue the Certificate of Pubhc Facilities Adequacy for the initial five [5] year vesting period and the five [5] year extension vesting period; all of the foregoing in accordance with and at the times required by the terms and conditions of this Agreement. D. The County shall allow Developers to use, allocate, assign and apply all or any potion of Road Impact Fee Credit Amount duly earned hereunder in accordance with the Collier County Consolidated Impact Fee Ordinance, and public facility adequacy Ordinance as amended and consistent with the terms and conditions for any certifications issued fi.om time to time. 22. The occurrence of any of the following events shall be deemed to be an "Event of Default": A. Failure by Developer to comply with any of the terms or conditions of this Agreement by which Developer is to comply. B Failure by the County to comply with any of the terms or conditions of this Agreement by which the County is to comply. C. Notwithstanding anything to the contrary contained in this Agreement, an Event of Default shall not be deemed to have occurred unless and until the party seeking to declare an Event of Default ("Non-Defaulting :'arty") has provided the other party ("Defaulting Party") with written notice ("Default Notice") of the default ("Default") commitment by the Defaulting Party in specific detail and the Defaulting Party has failed to cure said Default within thirty (30) days after 'receipt of the Default Notice ("Cure Period"); provided, however, if the Default is one not reasonably able to be cured within the Cure Period, then the Cure Period shall be extended for an additional time period as may be reasonably necessary to cure the Default provided that the Defaulting Party ~_me~ce~.to~ " cure the Default within the Cure Period and continues in good faith to diligently cure the Default to completion. D. If Developer commits an Event of Default prior to Developer posting the Surety, then the remedy of the County shall be: (i) the right to terminate this Agreement, (ii) the fight to terminate the vesting rights of the Terafina Development granted in and under this Agreement, and (iii) the fight to require Developer to assign to the County all of its fight, title and interest in and to all plans, specifications, documents, applications and pemfits that have been prepared, submitted and/or issued to or on behalf of Developer. E. If Developer commits an Event of Default subsequent to Developer posting the Surety, then the remedy of the County shall be the right: (i) to require Developer to assign to the County all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and/or issued to or on behalf of Developer, (ii) to require Developer to terminate any and all Construction Work, (iii) to remove Developer from the construction site of the Project, (iv) to complete the Project in accordance with the terms and conditions of this Agreement using the Surety, (v) utilize its Alternative Dispute Resolution procedure, [attach:-d hereto as Exhibit "K"], (vii) pursue such other legal remedy it determines is appropriate to recover Reimbursable Costs: it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and/or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mean: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. F. Notwithstanding that an Event of Default may have occurred, Developer shall nevertheless be entitled to reimbursement from the County on or before October I, 2006, and the County shall be obligated to reimburse Developer on that date, for all amounts expended or incurred by Developer under this Agreement in excess of the amount of Road Impact Fee Credit Amount utilized by Developer. Such reimbursement obligation of ,the County shall sur,rive the completion and acceptance of the Project by the County or earlier termination of this Agreement. G. If after posting the Surety Developer commits an Event of Default, then the number of residential units vested for traffic concurrency purposes in the Terafina Development shall be equal to the number of building permits that the sum of the following calculation could pay for with respect to roa~--i'~t -fee's ,.} ..... 11 ! : only: [ 1 ] the actual amount of money expended by Developer in connection with the design, permitting, construction and completion of the Project, plus [2] any amount received by the County from the Surety and/or Developer; provided however, if at, or any time subsequent to, Developer having committed an Event of Default after posting surety the sum of numbers [1] and [2] above equal or exceed the total amount of road impact fee payments needed for all building permits for all 850 units in the Terafina Development as set forth in paragraph one herein, then the Terafma Development shall become and remain permanently vested for 850 residential units for traffic concurrency purposes. This paragraph shall survive the completion and acceptance of the Project or the earlier termination of this Agreement. 23. Developer shall not be penalized based on a Collier County Government caused delay. 24. The failure of this Agreement to address any permit, condition, term, or restriction in the actual design, permit-ting and construction of the Project shall not relieve Developer or its successors of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restriction in thc actual design, permitting and construction of the Project. 25. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 26. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 27. The performance and execution of this Agreement shall be camed out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit" I" attached hereto and incorporated herein by reference. 28. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 29. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement. 30. The Road Impact Fee Credit Amount identified herein shall nm with the Terafina Development as described in Composite Exhibit "C" and "C-I" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the Terafina Development is either completed or the Road Impact Fee Credit Amount is exhausted or othemrise no longer available. It shall be County's obligation to notify the Developer what Road Impact Fee Credit Amount is available, each time a building permit is applied for. If a Road Impact Fee Credit Amount is available, then the amount of Road Impact Fee Credit Amount utilized shall be deducted from the available balance as shown on the Road Impact Fee Credit Ledger. 31. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the Road Impact Fee Credit Amount applied toward payment of road impact fees and the balance of the available unused Road Impact Fee Credit Amount. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a material failure to comply with the terms of this Agreement, then the default provisions as stated herein shall apply. 32. The duration or availability of the Road Impact Fee Credit Amount pursuant to this Agreement, shall not be for a period in excess of five (5) years from the date of final completion of the Project, but in no event shall the availability of the Road Impact Fee Credit Amount under this Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of final completion shall be the date of acceptance of the Project by the County. An extension of the Certificate of Public Facilities Adequacy for an additional five [5] years as provided for in this Agreement shall be construed as a moratoria pursuant to Section 74-205 F4 of the Consolidated Impact Fee Ordinance, as amended. 33. The off-site improvements, for purposes of impact fee credits, shall exclude any access improvements to the Terafina Development. 34. The Transportation Administrator has determined that the proposed road impact fee credit plan and vesting rights earned and granted under this Agreement are consistent with the public interest. 35. Developer has delivered to the Office of the County Attorney an affidavit listing the names and addresses of all parmers, if a partnership, and .s.tati~ng that the entity is in full force and effect. 13 36. The parties acknowledge that the contributions herein are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 37. The Road Impact Fee Credit Amount shall only be for contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the Project is located. 38. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 39. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile transmission or mailed by certified or registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as follows: As to County: Norman Feder, Transportation Administm'~or Transportation Administration 2675 South Horseshoe Drive, Suite 401 Naples, Florida 34104 With a copy to County's Legal Representative: David Weigel, County Attorney County Attorney's Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 With a copy to County's Road Project Representative: Gregg Strakaluse, Director TCEM Transportation Engineering & Construction Management 2675 South Horseshoe Drive Naples, Florida 34104 As to Developer: G.L. -Hardy, Ltd. c/o Kevin Ratterree, Vice-President 1401 University Drive, Suite 200 Coral Springs, Florida 33071 With a copy to Developer's Michael S. Sheitelman, Esquire i 3 ._ General Counsel: 1401 University Drive, Suite 200 Coral Springs, FL 33071 With a copy to Developer's Legal Representative Mark F. Grant, Esq. Ruden, McClosky, Smith, Schuster & Russell 200 East Broward Boulevard PO Box 1900 Fort Lauderdale, Florida 33302 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confirmation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3) days after being deposited in the U.S. Mails. 40. This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Collier County, Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall r :,t be more strictly construed against any one of the parties hereto. 41. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 42. In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. 43. This Agreement constitutes the entire agreement between the parties, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the parties hereto. 44. The parties agree that in the event that any date on which performance is to occur falls on a Saturday, Sunday or state or national holiday, then the time for such performance shall be extended until the next business day thereafter occurring. 45. Developer is and shall be in the performance of all work, services and activities under this Agreement independent of the County and not an employee, agent or servant of the County. All persons engaged in any of the work P~' services .. performed pursuant to this Agreement on behalf of Developer shall it all tihae~l,~ 15 ~ r- ir-- and in all places be subject to Developer's sole discretion and supervision and control. Developer's relationship and the relationship of its employees, agents, servants and contractors, shall in all respects, shall be independent of the County and not as employees or agents of the County. Developer does not have the power or authority to bind the County in any promise, agreement or representation other than as specifically provided in this Agreement. 46. Except when otherwise expressly stated herein to the contrary, whenever one of the parties to this Agreement is to give its consent, decision, determination or approval, such consent, decision, determination or approval shall not be um'easonably withheld, conditioned or delayed. 47. Their shall be a public meeting held at 60% of the completion of the Design and at 90% of the completion of Design. 48. If the property owner or developer required to convey the right-of-way pursuant to PUD Ordinance 2002-39 refuses to do or is unable to do so within the time period set forth in the PUD, Developer herein shall have no recourse against the County unless the County creates the inability for the conveyance in bad faith. List of Exhibits: Exhibit "A': Composite Extfibit A-The Project A - Project Description A-1 - Preliminary Alignment Logan Blvd. Vanderbilt Beach Road To Immokalee Road Exhibit "B': The Land Donation Exhibit "C': Composite Exhibit C- The Terafina Development C- Legal Description of Terafina Development C-1 - Terafma Location Map Exhibit "D": The Preliminary Estimate of Probable Costs Exhibit "E": Phasing Schedule Exhibit "F": Attorney's Opinion Exhibit "G": Composite Exhibit G- The Right of Way Property to be Acquired by the County, if needed G- Conceptual Description of Parcels to be Acquired by County G-1 - Preliminary Sketch of Parcels to be Acquired along Logan Blvd. From Vanderbilt Beach Road to North of Immokalee Road Exhibit "H": A Preliminary List of Documents needed from Developers for acquisition of the parcel not owned or controlled by the developer at the time of the execution of this agreement. Exhibit "I": The County Risk Management Guidelines Exhibit "J": Road Impact Fee Credit Ledger Exhibit "K": Alternative Dispute Resolution Procedures IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: Attest: BOARD OF COUNTY COMMISIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, By: By: Deputy Clerk JAMES N. COLETTA, Chairman AS TO DEVELOPER: WITNESSES: G.L. -HARDY, LTD., A FLORIDA LIMITED PARTNERSHIP By: G.L. Homes of Naples Associates II, Ltd., a Florida Limited Parmership, its Print Name: General Panner, By: G.L. Homes of Naples II Corporation, A Florida Corporation, its General Parmer Print Name: By: Narne~ Title: Date: STATE OF FLOR[DA COUNTY OF BROWARD I hEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by , the of , a , freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the tree corporate seal of said corporation. He/she is personally known to me or who has produced as identification. 18 i [""'-" ' EZ: 1 7 22:'2 i r-- WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ., 2002. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney H/Jackie/GL Homes/Standard DCA 102902 19 ~ EXHIBIT A Project Description The Project is a two lane roadway extending southerly from Immokalee Road to Vanderbilt Beach Road as an extension of Logan Boulevard. 'I -_, ! .... ~- - . - - - - I~ , ~~/-~ ~, - ' ' I;L -~' ~" .'_..-5' _.. ,= . _.,.~:' ~ ~ ..... , ,~ . .. ~.-~.. I.- . . . . . ~_~., . ~_~_~, .. ,~ ~,-~ .. ,~_1(~1~1~ _I~F i I ~ .- ~., ~ , ~ ..... ~-~., ~ , ' ' .......... ~ll/ - ..' .... LO~ ~ II EXHIBIT "B' - EXHIBIT C Legal Description of Terafma Development All of Section 16, Township 48 South, Range 26 East, Collier County, Florida, excepting the West 80' therefore pursuant to the recordation of that certain Warranty Deed recorded in Official Record Book 3052 Page 750. [ EZ; 17 2C~2 EXHIBIT D Preliminary Estimate of Probable Cost Design $ 700,000 Construction 4,800,000 Construction Engineering/Inspection 400,000 TOTAL $5,900,000 EXHIBIT "E" Phasing Schedule: The phasing identified below should be construed as a minimum, not as a maximum. Nothing within the DCA shall preclude G.L.- Hardy from exceeding (i.e. going faster) than the phasing schedule herein specified. Year 1 (by December 1, 2003) - Design and submit a typical section, the alignment study needed for condemnation of the property not owned by the County and the right-of-way permit application to Collier County for construction of the Project entrance. In the event a second party [other than developer], designs and submits for permit the construction plans for Logan Blvd. from its present terminus north of Immokalee Road to the Terafina project entrance, the phasing elements of this improvement shall be considered complete. Year 2 (byDecember 1, 2004) - Assuming Collier County issues permits for construction by May 1, 2004 (which permits being inclusive of all required right-of-way permitting of said construction) commence construction of the Project. In the event a second party, [other than developer], constructs Logan Blvd. from its present terminus north of Immokalee Road to the Terafina project entrance, the phasing elements of this improvement shall be considered complete. Year 3 (by December: 1, 2005) - Complete construction of: (1) Logan Blvd. from Immokalee Road to its present terminus north of Vanderbilt Beach Road; and (2) Logan Boulevard from its present terminus north of Immokalee Road to the Terafina project entrance. Complete construction of Terafina Phase 1 infrastructure (Phase 1 consisting of project entrance, connection to project Loop Rd., entry Water Management, and entry Utilities). Apply for and receive a minimum of 50 building permits within the Terafina development between October 1, 2005 and September 30, 2006. Year 4 (by October 1, 2006) - Apply for and receive a minimum of 125 building permits within the Terafina development between October 1, 2006 and September 30, 2007. Year 5 (by October 1, 2007) - Apply for and receive a minimum of 125 building permits within the Terafma development between October 1, 2007 and September 30, 2008. EEC 1 7 2022 · Dec-Or-Zoo20Z:ll~m From-.~NT~ PR0566 +95476~966 T-$16 P.002/003 F-$66 i~l.J D £N EXHIBIT "F" M r. C:I_[D ~ KY :,ac ~ ~ow.-.~o eOuL~'V^~D FORT LAU ~RDALE, FLORIDA, 33301 SMITH _ S CCI-lUll'ER ~. POST OlaFICE BOX 1gO0 RU..~SELL, ~A. FO, LAI. JOEP. D^LF.. FLORIDA ','13302- iri'~'m] "'" I m"w"' m "'"~'"'a (es,~l 5;t7.;1404 FAX~ 1954.133~k'~04 December 6, 2002 Via Facsimile: (239) 774-022:~ Collier County Attorneys 3301 East Tamiami Trail Admini~Ixation~Bui]ding, 8th Floor Collier Couaty Govemm~at C,mtcr Naples, Florida 34l 12 Re: Collier County Contribution Agreement For Road tTnpact Fee Credits by and between the Bc.ard or County Comm/ssioners ct' Collier County, Florida as the Governing Bo~y of Collier County and G.L.-Hardy, Ltd., a Florida Limited Parmership ("Cmtribufion Agreement") dated December 6, 2002 Ladies and/or Gentlemen: We are counsel for G.'L.-Hardy, I.td., a Florida Limked Partnership ("Developer"),;, and G.L. Homes of Naples Associates I1, Ltd., a Florida limited partnership ("O.L. Associat~ ), as general partner of Developer; and G.L. Homes of Naples t'I Corporation, a Florida corporation ("G.L. Corporation"), as gene,'al partner of G.L. Associates; and R.PH of Naples, Inc., a Florida corporation ("ILPH'"), as Limited partner of Developer. As such, you have requested our opinion in connection with the Contfib'ation Agreement. In rendering this opinion, we have reviewed the Contribution Agreement, the Agreement of Limi:ed Parmership of Developer, and such other and further documents as deemed relevant (collectively, the "Documents"); have made such investigation of law; and have discussed with Developer such questions of t~ct as we have deemed necessary or appropriate for the opinion hereinafter expressed. We have received from, and under seal of, the Secretary of State ct' the State of Florida ("See~'emx'y of Sm~e") cerfifieat~ that Developer is a limited patmemhip a~d that G.L. Corporation is a corporation, each organized under the laws of~he State of Florida and that their respective status is active. In rendering thc opinion her~_m~ter expressed we are (a) relying upon the foregoing eertificate~ under seal of the Secretary of State; and (b) assuming that the instn2ments as certified by the Secretary of State as aforesaid are true and complete copies of the orighaals thereof and that same have not been modified unless and except as reflected by such certified copies of such instruments. We have no .knowledge of any inaccuracies contained in the foregoing certificates under s,:a~ of the Secvemry of State. In rendering this further assuming that all copies of all ins~umcnts examined by us are true and ~:s7o,20:3 DEC 1 7 2002 · Oec-OG-ZO02 O2:lZpm From-WORKCENTP, E PR0656 +954?644906 T-$18 P.003/003 F-$$O thc ori~n~Is thereof, the auth~ticiry of all documents, if any, submitted m us as ori~als and r. hat all signaixtrcs are genuin,; other than the signatures of the Developer on the Conm'bution Agreement, which we know to. be genuine. Based upon our examination of the Documents, and subject to thc assumptions. limitatiolls, alld qualifications set forth herein, we are of the opinion that: 1. Developer is an entity duly organized, validly existing, aud in good standing under thc laws of the Slate of Florida and has all requisite power to carry on its business as now being conducted. 2. The exe~utiou, delivery., and pcTt'ormancc o£all terms and conditions o~'the Contribution Agre~menL specifically including, without limitation, procurement of the S~ (as deemed in the Conuib~ttion Al~emenT), by Dcv¢loper has been duly authorized by all · necessary a~tions (corl:,orate, partnership, or otherwise) alld does not require the cons~'nt or apprbval of any persons whose consent has not bcc~ obtained. Our opinion is expressly qualified in that it is ~ven on condition that the County's conn_~el has not given the Cot.uty any wrilt~u advice in comleclion with chis Irnn~action that is conu'ary to any opinion expressed herein. We are members oI'thc Bar o£the State o£Florida and, a~cordin~y, cxpress no opinion with respect to the laws o£ any oth~ jurisdiction, other than those of th~ laws of tile $~at¢ of Florida and the laws oi'r. he Un/ted States.' This opinion is rendered as of thc date hereof and we undertake no obli§aQon to advise you of any change in any mattc~:s stated herein. Only the persons addr¢;ssed above are enr. itled to rely upon or to assert any legal rights created by this opinion letter, this letter may not be used or relied upon by any other person for any purpose whalsoever other ~han in connection with regulatory requirements or in response a court order, without our prior written Very truly yours, RUDEN, McCLOSI~Y, SMITH, SCFI~. S~R & R. US$t~I.¥-, P.A. CERTIFIED COPY OF CORPORATE RESOLUTION I, Paul Corban, Secretary of G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation (the "Corporation"), do hereby certify that at a special meeting of the Board of Directors of the Corporation duly called and held on the 5th day of December, 2002, at which meeting a quorum was present and acting throughout, the following resolutions were duly adopted by the unanimous vote of all directors. WHEREAS, Corporation is the sole general partner of G. L. HOMES OF PALM BEACH ASSOCIATES II, LTD., a Flodda limited partnership (the "General Partner"); and WHEREAS, General Partner and RHP of Naples, Inc., a Flodda corporation, are the general partner and limited partner, respectively, of G.L.-Hardy, Ltd., a Florida Limited Partnership (the "Partnership"); and WHEREAs, General Partner is the managing general partner of the Partnership; and WHEREAS, Corporation is desirous of causing the Partnership to enter into that certain Collier County Contribution Agreement for Road Impact Fee Credits (the "Contribution Agreement") by and between G.L.-Hardy, Ltd., a Florida Limited Partnership, and The Board of County Commissioners of Collier County, Flodda as the Governing Body of Collier County (the "County"); and WHEREAS, Corporation and Partnership will benefit from the above-described transaction. NOW, THEREFORE, be it resolved by Corporation: 1. That its Vice President, Alan Fant, or any other Vice President of Corporation, or any of them individually, is authorized, empowered and directed to enter into, execute and deliver, on behalf of this Corporation, any and all documents or instruments necessary and/or desirable, in the sole direction of said officer, to enter into the Contribution Agreement and to consummate the transactions contemplated by the Contribution Agreement. 2. That such officers are authorized, empowered, and directed to enter into, execute, and deliver, as applicable, any and all documents or instruments, and to make any appropriate statements, representations, warranties, certifications, findings, and confirmations on behalf of this Corporation, which may be necessary, appropriate, or convenient, in the sole judgment of said officer, to expedite any and all of the covenants, agreements, and conditions of the Contribution Agreement and as otherwise required to consummate the transactions contemplated by the Contribution Agreement. 3. That such officers are authorized and directed to do and cause to be done all such things and acts and to make, execute, and deliver and cause to be made, executed, and delivered; and any all other agreements, instruments, and documents and to pay all costs, expenses, and taxes on behalf of the Corporation as these officers shall deem necessary or desirable in order to carry out the purposes and intent of these resolutions and that all of the acts and doings of these officers which are consistent with the purposes and intent of these resolutions shall be ratified. I FURTHER CERTI FY that the Corporation is in good standing under the laws of Flodda, has the power and authority, on behalf of the Partnership, to enter into, execul ,~,.anc[ deliver the- ..... Contribution Agreement to the County. AG--i, iDA i';~.~ , / NO. ~ I FURTHER CERTIFY that the Directors of the Corporation have full power and authority to bind the Corporation; and that the above Resolutions are in full force and effect and have not been altered, modified, or rescinded. IN WITNESS WHEREOF, I have affixed my name as Secretary of this Corporation and have affixed the corporate seal of the Corporation this ~ day of December, 2002. By:. Paul Corban, Secretary of G.L. Homes of Naples II Corporation EXHIBIT 1 RESOLVED, this 5"~ day of December, 2002, by G.L.-HARDY, LTD., a Flodda Limited Partnership (the "Partnership"): WHEREAS, the Collier County Board of County Commissioners (the 'County") has agreed to grant to the Partnership certain cash reimbursements and road impact fee credits (collectively, the 'Road Impact Fee Credits") in exchange for the contribution of advanced off-site roadway construction improvements (the "Contribution") in relation to the Partnership's development of that real property located in Collier County and referred to as "Terafina"; and WHEREAS, to evidence the agreement between the County and Partnership in relation to the Road Impact Fee Credits and Contribution, the Partnership shall execute and deliver to the County the Collier County Contribution Agreement for Road Impact Fee Credits No. 2002-O09-TR-GL Homes dated · 2002 (the "Contribution Agreement"), which shall be recorded in the Public Records of Collier County, Florida; and WHEREAS, as security for the full performance by the Partnership of all of its obligations under the Contribution Agreement, the Partnership shall secure a bond or letter of credit ("Suret¢') in the amount equal to 115% of the Final Certified Estimate of Probable Costs of the Contribution to be prepared pursuant to the Contribution Agreement and to execute and deliver such other agreements, instruments, statements, and documents necessary to consummate the Contribution Agreement (collectively, the "Other Documents"); and WHEREAS, the Partnership will benefit from the above-described transactions. NOW, THEREFORE, BE IT RESOLVED, that the Partnership authorizes G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership (the "General Partner"), to authorize any Vice President ("Authorized Officer") of G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation (the "Corporation"), to execute and deliver the Contribution Agreement to which the Partnership is a party; and FURTHER RESOLVED, that the General Partner is hereby authorized and directed to authorize and direct the Corporation for and on behalf of and in the name of the Partnership to enter into, execute, and deliver the Contribution Agreement substantially in the forms presented this date to the General Partner of the Partnership, which documents and agreements are hereby approved with such additional, modified, or revised terms as may be acceptable to such general partner conclusively evidenced by their execution thereof on behalf of the Partnership; and FURTHER RESOLVED, that the Partnership authorizes the General Partner to authorize the Authorized Officer of the Corporation to procure the Surety as required by the Contribution Agreement; and FURTHER RESOLVED, that the Partnership authorizes the General Partner to authorize the Authorized Officer of the Corporation to execute and deliver any and all Other Documents required to effectuate the Contribution Agreement; and FURTHER RESOLVED, that the General Partner is hereby authorized to authorize and direct the- Authorized Officer to do all such things and acts and to make, execute, and deliver, on behalf of the Partnership, all such other agreements, instruments, and documents and to pay all such costs, expenses, and taxes as such Authorized Officer shall d[ em necessary or desirable in order to carry out the purposes and intent of these resolutions which shall be, and the same hereby are, in all respects ratified, approved and confirmed. F.,2g 1 7 2"332 " p:. 3¼ ' AFFIDAVIT STATE OF FLORIDA ) COUNTY OF BROWARD ) ss: BEFORE ME, the undersigned Notary Public, personally appeared ALAN FANT, to me well known to be the person who made and subscribed the following Affidavit, who, upon being fu'st by me duly sworn on oath, deposed and said as follows: 1. Affiant is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, the sole general partner of G.L. HOMES OF NAPLES ASSOCIATES IL LTD., a Florida limited partnership, the sole general partner of G.L.-HARDY, LTD., a Florida Limited Partnership ("Partnership") and as such has personal knowledge of the business and affairs of said Partnership and of all facts stated hereunder. 2. The sole general partner of the Partnership is G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, having an address at 1401 University Drive, Suite 200, Coral Springs, Florida 33071. 3. The sole limited parmer of the Partnership is RPH OF NAPLES, INC., a Flor/da corporation, having an address at 5692 Strand Court, Suite 1, Naples, Florida 34110. 4. This Affidavit is made in relation to that certain Standard Form Collier County Contribution Agreement for Road Impact Fee Credits No. 2002-009-TR-GL Homes, by and between G.L.-Hardy, Ltd., a Florida Limited Partnership, and The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County, dated ., 2002. This Affidavit is made under penalties of perjury. In addition, Affiant declares that he has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete and that Affiant has this authority to execute this Affidavit on behalf of the Partnership. 5. Affiant is executing this Affidavit solely in his capacity as Vice President of the general parmer of the general parmer of the Partnership, and no resort shall be had to any of Affiant's personal assets on account hereof. FURTHER AFFIANT SAYS NOT. G.L.-IIARDY, LTD., A FLORIDA LINIITED PARTNERSI:I]P By: G.L. HOMES OF NAPLES ASSOCIATES 1], LTD., a Florida limited partnership, its General Partner By: G.L. HOMES OF NAP!~F,,S II CORPORATION, a Florida corporation, its General Parlner By: Alan Fant, Vice President SWORN TO AND SUBSCRIBED before me this ~ day of December, 2002. Notary Public, State of Florida at Large Print Name: My Commission Expires: 1 '"' FTL:970009:, EEC ! 7 2552 ' G.L.-HARDY, LTD. CERTIFIED COPY OF PARTNERSHIP RESOLUTION The undersigned, being the sole general partner of G.L. Homes of Naples Associates II, Ltd., a Flodda limited partnership (the 'General Partner"), the sole general partner of G.L.-Hardy, Ltd., a Flodda Limited Partnership (the "Partnership"), hereby certify that the resolutions set forth on Exhibit I attached hereto and incorporated herein by reference were duly adopted by the Partnership and are presently in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands on the __ day of December, 2002. G.L.-HARDY, LTD., a Flodda Limited Partnership By: G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, Sole General Partner By: G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, Sole General Partner By.. Alan Fant, Vice President EXHIBIT G Conceptual Description of Parcels to be Acquired by County A series of parcels beginning at the South fight-of-my line of Immokalee Road across from the northerly extension of Logan Boulevard and extending southerly for approximately ½ mile to the northern limits of the Rigas PUD (Sammia Lakes) for the purpose of constructing the proposed Logan Boulevard. CT_~ 1 7 2~22 pflFI ~,tI, IARY SKETCH OF PARCELS TO BE AC~ LC)C~ BLVD. VAI~:)EFIBLT BE. ACH ROAD TO BAl~l rq= ROAD HOlE EXIHBIT "H" A Preliminary List of Documents Needed By The County From Developer for Acquisition Of Parcel Not Under Control or Ownership of Developer As Depicted in Exhibit "G' 1. Final Design of the Roadway. 2. Study Indicating No Reasonable Alternative Alignment. 3. Ali Needed Appraisals, [Two Appraisals if over $500,000.00]. 4. Needed Legal Descriptions. E"'C I 7 2C22 EXHIBIT "!" Risk Management Guidelines For Right of Way and Construction Of Logan BouleVard Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of the construction phase of Logan Boulevard until accepted by the County pursuant to the terms set forth herein. The area insured shall be as set forth herein in Exhibit "B" to this Developer Contribution Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy. -'J'eff'r~y V~falker, Risk Management Director Collier County Government Date: December 6, 2002 EXHIBIT "J" G.L. HOMES DEVELOPMENT ROAD IMPACT FEE CREDIT LEDGER FOR CONSTRUCTION OF LOGAN BOULEVARD IMPORTANT: This Road Impact Fee Credit Ledger is intended to Docmnent the balance of Road Impact Fee Credits applying ONLY to the following property descn~bed in Exhibit "A-I" attached hereto: BEGINNING BALANCE ESTIMATED AT: $5,900,000.00 Final amount to be determined upon approval by County's Transportation Division prior to use of any credits. DATE PERMIT NO. ROAD IMPACT IMPACT FEE County Developer FEES DUE CREDIT Official Representative BALANCE (Signature) (Signature) $ $ $ $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ EXHIBIT "K' COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. ~ ,/":. '~_ :., 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. .... 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: i': ¢. _~. 227, 1 7 2322 a. A brief summary of the nature of the dispute involved in each part of the claim. b.The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d.Contract Time analysis if a Release of Liquidated Damages is included in the claim. e.No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar davs prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, ~a full. ! exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any heating may represent a party. A court reporter will be present, unless waived by both parties. a..The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is pres,.nted will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. DSC 1 7 232 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. : b. Each party shall bear an equal share of the cost of the arbilxation panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediat0r~ ;,. 1 7 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section $.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8' A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Cour~ program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall.remit all charges to the Court Program upon the conclusion of the ADR Pr~ces~s. /. -', 6 LV?. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.2(2 ) et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 1 I. 110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. ! ~-_,...~.,-',.~,.,-,', . ~ 7_Z, 1 7 7.222 ..... 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the ,~d-bitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all A.DR proceedings in good faith. EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 02-3398 IN THE AMOUNT OF $1,404,~87.00, FOR DESIGN & ENGINEERING SERVICES TO BE PROVIDED BY CH2M HILL, INC. FOR ROADWAY IMPROVEMENTS TO COLLIER BOULEVARD, BETWEEN GOLDEN GATE BOULEVARD AND IMMOKALEE ROAD, PROJECT NO. 65061. OBJECTIVE.,: To receive Board approval of the negotiated Agreement for Professional Services with CH2M HII.I. Inc., for roadway improvements to Collier Boulevard between Golden Gate Boulevard and Immokalee Road. CONSIDERATION.S.: On March 12, 2001, the Board of County Commissioners approved an aggressive 5-Year Work Program to improve and expand roads in Collier County to meet the existing and future needs of the community. Collier Boulevard (a.k.a. CR-951) is identified within the 5-Year Work Program. Traffic modeling and the most recent volume studies indicate the need to expand the section between Immokalee Road and Vanderbilt Beach Road to 6-lanes and the section between Vanderbilt Beach Road and Golden Gate Boulevard to 4-lanes. In accordance with the Board approved Work Program, staff solicited proposals from qualified consultants through a Request for Proposal process (RFP #02-3398) in accordance with Florida State Statute 287.055. Notices were sent to 144 firms and 7 responses were received by the due date of September 13, 2002. On October 8, 2002 the Board authorized staff to begin contract negotiations with the top ranked firm for engineering, design, and permitting services for improvements to Collier Boulevard. Staff began negotiations with the top ranked firm, CH2M HILL, Inc. Staff has successfully negotiated a fair and reasonable contract for engineering, design and permitting services with the Consultant for this project. Services also include coordination with staff to conduct public meetings to acquire public input. The negotiated Agreement for Services commits the Consultant to completing all services within 330 calendar days for a total cost of $1,404,387.00. FISCAL IMPACT: The total amount needed is $1,404,387.00. Funding for this project will ~. come from the Transportation Supported Gas Tax Fund and Impact Fee Impact Funds. Fees will be utilized first. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The expansion of Collier Boulevard is identified on the Annual Update & Inventory Report (CIE No. 37) and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the County Attorney approved Agreement for Professional Services. DEC 17 2002 SUBMITTED BY: _,.~-~;.-. -~~ ~ - Date: ~'~ - 5~"~-~'- 'Gary K. Putaansuu, P.E., Senior Project Manager APPROVED BY: ~o.~,~ .~,.- Date: Dale Bathon, P.E., Principal Project Manager APPROVED BY: ~(~'J~ ~ Date: Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management Dept. ' . ?/'q APPROVED BY: ~ ~ Date: No~ m Feder, Administrator Tra~spo~ation Division DEC 17 2002 pg. Contract 02-3398 COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD COLLIER COUNTY PROJECT NO. 65061 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __ day of 2002, by and between the Board of County Commissioners for Collier County, Flodda, a political subdivision of the State of Flodda (hereinafter referred to as the "COUNTY' or "OWNER") and CH2M Hill, a Florida corporation, authorfzed to do business in the State of Florida, whose business address is 4350 West Cypress Street, Suite 600, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT"). W ITN ESS ET H: WHEREAS, the OWNER desires to obtain the professional Design & Permitting services of the CONSULTANT concerning Collier Boulevard from Golden Gate Boulevard to Immokalee Road (hereinafter referred to as the "Project"), said services being more fully described in schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. · ~OW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: i '"'~~ z i DEC 17 2~2 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design & Permitting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Flodda and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of i DEC 17 20 2 acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters adsing out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall .be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to di.vulge, furnish or make available to any third person, firm or organization, without OWNER's prior Written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpo~~~~~i-~, 3 DEC 17 information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragr;aph. ARTICLE TWO ADDITIONAL SERVICES Of CONSULTANT if authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and econom~ic ~V~~ ~ ~o__~ rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during ou~-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with g.eneratly accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator''). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in~_n_y way ,i~ '~, ,~., iTM '~ whatever: 5 t DEC 17 G02 (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2~ The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal ali available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ~'.~'~-~.~- ~___ ~. No. ~ ~. DEC 1 7 ARTICLE FOUR TIME ~ 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any 6 designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to .its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in wdting within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24).month pedod granted by OWNER to CONSULTANT. BEC ~ ? 2~02 4.4 Should the CONSULTANT fail t© commence, provide, perfor~:~c~-ot~t3e services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may 7 withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or develcped by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain .copies for its files and'intemal use ~ ARTICLE SEVEN J DEC MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documenta'tfOh'w~ic~'C-O-nC~ or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 8 the pedod of this Agreement and during the five (5) year pedod noted above; provided, however, such activity shall be conducted only dudng normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from ar:d against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsuitants, Subcontractors, agents or employees, adsing out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or Pack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF ~ ~./ 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior wdtten approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any ctaim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 1 1.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and ail claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part,' as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the matedal default. ~o --J~_ ! Pg. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the dght to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate ail such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other matedal set forth and described in this Agreement, including Section 6.1. 12.5. The .OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of.the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in. accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS ~ nEC ~ ? ~.~2 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Flodda Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Ail such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14,1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the Performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in wdting and executed by the party or parties intended to be bound uy~,t..~o' !(~/-~ _~ i DEC 1 ? ZGOZ ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in wdting and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, Fi. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: CH2M Hill 3450 W. Cypress Street, Suite 600 Tampa, FL 33607 16.3. Either party may change its address of record by wdtten notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall prOmote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. ~ iuc .._ _ { ~ DEC 1 7 2~2 _ 13 ~ 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 75 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all pdor agreements or understandings, written or oral, relating to the matter set forth herein, and any such pdor agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States govemment. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Flodda state court in Collier County, Flodda. IN WITNESS WHEREOF, the padies hereto have executed this Professional Services Agreement for Collier Boulevard from Golden Gate Boulevard to Immokalee Road the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Chairman Approved as to form and "~As~istant C~"n~ Attorney CH2M HILL, Inc. "'~ ~J~-~ c.q.-- ~t~._.___ Witness - - ~-'~' ~) '3ohcKW. Mogge, Jr., Vice President Witness (CORPORATE SEAL) AGENDA iT_EM DEC ! ? 2002 15 Pc SCHEDULE A SCOPE OF SERVICES See attached pages A-1 through A-39 AGENDA I~E M...- No. I (n /~ ~ DEC 1 7 2002 SC~DULE A SCOPE OF SERVICES HIGHWAY AND STRUCTURAL DESIGN COLLIER BOULEVARD (CR 951) GOLDEN GATE BOULEVARD to [MMOKALEE ROAD No. DEC 1 7 2002 .z~-- lq __ SCOPE OF SER'FICES FOR CONSULTING ENGINEERING SERVICES HIGHWAY AND STRUCTURAL DESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and CH2M 1-111_l. (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ID: 65061 Description: Collier Boulevard (CR 95 I), from Golden Gate Boulevard to Immokale~ Road Collier County, Florida 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: · Construction of four and six-lane roadways within a six-lane configuration. The general objective is for the CONSLTLT,&NT to prepare a set of ?[ans to be used by the contractor to build the project, and by COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include roadways, structures, intersections, geotechnical activities, supplemental surveys, drainage, signing and pavement markings, lighting, utility relocation, maintenance of traffic, cost estimates. environmental permits, environmental mitigation plans, quantity computation books, and all necessaw incidental items for a complete project. The Scope of Services establishes which items of work described in the FDOT Plan Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULT,~2qT or the COUNTY. All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FDOT) Manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULT&NT is to incorporate these refinements into the design and will consider this effort to be an anticipated and inte~al part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FDOT procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated w. ith the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. 2 PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan TYpe: Plan/Prof'de Typical Section: Design will provide for four and six-lane urban roadway within a six-lane configuration, including a sidewalk along west boundary. Limits: Collier Boulevard (CR 95 I), from Golden Gate Boulevard to Immokalee Road, a distance of approximately 16,000 feet. Major Intersections/Interchanges: Golden Gate Boulevard, Vanderbilt Beach Road and Immokalee Road will require additional plan sheets. Coordination with Existing Desitin Consultant: The Consultant will coordinate with the design consultant on the Vanderbilt Beach Road and Immokalee Road Projects. The intersection of Vanderbilt Beach Road and Collier Boulevard is to be built as a part of the Vanderbilt Beach Road Project, Variations/Exceptions: Collier Boulevard at Vanderbilt Beach Road is currently being designed to a six-lane configuration as part of the Vanderbilt Beach Road Project. Vanderbilt Beach Road is proposed for alignment south of the existing intersection. Approximately 1,000 feet of Collier Boulevard will be reconstructed as a part of the Vanderbilt Beach Road Project. Construction of the Vanderbilt Beach Road project is scheduled to begin in the fall of 2003. Traffic Control Plans: Typical Sections, Detail Sheets and Plan Sheets on phasing. Temporary Signals: New signals are designed for a relocated Vanderbilt Beach Road Intersection in the Vanderbilt Beach Road design project. Coordination of the design and construction of these projects will be required to avoid any need for temporary signals. 2.2 Drainage The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open, closed, ditches, ponds, exfil~'ation, etc. or a combination thereof, within the existing right of way. If the COUNTY determines that runoff cannot be economically treated within the existing right of way and directs the CONSULTANT to design off-site ponds, that additiona~ design will be part of this scope of services. 2.3 Utility Coordination The CONSULTANT will: 1. Coordinate with all Utility Companies on this Project. 2. Identify needs to ~locate, modify and/or leave in place. Design relocation/modification as necessary of County Utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc. Utility relocation design/modification will be a part of this scope of services. No. l~I ~/~ DEC 17 A-2 2.4 Permits The CONSU'LTANT will: 1. Identify needed permits. 2. Obtain COUNTY approval on decisions or modifications to permits. 3. Obtain COUNTY review prior to submittal of applications and designs to the permitting agency. 4. Obtain all necessary permits. 2.5 Structures The CONSULTA~NT will analyze and design structures as follows: Retaining Walls: In order to provide for turning movements at intersections and access roads along Collier Boulevard, it may be necessary to construct retaining walls. Gravity walls will be utilized, where appropriate. In some instances, however, structural walls may be required. N'liscellaneous: In order to prov:de for the turning movements at intersections, it may be necessary to extend existing box culverts or~ side roads. Other miscellaneous structure services could include, but not limited to, culvert extensions, foundations, mast arms, lighting, and barrier walls as determined dmnng design. 2.6 Signing and Pavement Markings The CONSULT,~NT will analyze and design signing and pavement markings. The need, number and locations of sign structures; i.e., cantilevers, overhead, etc., signing and pavement markings shall be determined during the design process. 2.7 Signals & Lighting Intersections: The intersection at Vanderbilt Beach Road will be relocated as pm of the Vanderbilt Beach Road Project and constructed to a six-lane configuration. The intersection of Golden Gate Boulevard and Immokalee Road are currently built to a four-lane alignment. There is a flashing signal at the entrance to the Oak Ridge Middle School. The CONSULTANT will design modifications to all existing Signal Systems to adapt them to the proposed improvements. The CONSULTANT will design lighting for this project in a manner that is consistent with Collier County design standards. 2.8 Landscape Architecture Plantimt Plans: Landscape design is not a part of this scope of services. Irrigation Plans: Irrigation design is not a part of this scope of services. The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping. 2.9 Survey Design Survey: A baseline topographical survey and mapping of the project will be completed by Agnoli, Barber & Brundage, under separate contract, by October 14, 2002. The project files are available in AutoCad format, convertible to MicroStation. The baseline has been signed and sealed by a licensed land surveyor. 2.10 Mapping Control Survey Map-- Provided by the COUNTY. 2.11 Geotechnical The CONSULTANT will provide borings and laboratory testing of soils in accordance with FDOT guidelines for roadway, structures, ponds, lighting, etc. 2.12 Joint Project Agreements Joint Project Agreements may be developed during the design process. The design cost of these a~eements is not included and will need to be negotmted, should they be required. 2.13 Specifications Package The CONSL~LT.~NT will prepare the specifications package in accordance with FDOT and - COUNTY procedures, modified to provide fast track ie~:o_n and construction. 2.14 Project Schedule The CONSULTANT shall provide a detailed project 2crivity/event schedule for COLrNTY and CONSU'LT.~NT activities required to meet the ~;cm~.c:,~en date for design. Additional specific scheduling requirements are: The schedule shall indicate, at a minimum, submission dates for Phase I, II, III, and IV plans (30%, 60%, 90% and 100% plans), and all other required submattals. The following durations from the Notice to Proceed will apply to delivery dates: Phase I Plans- 90 days Right of Way Maps, Parcel Sketches and Descr/ptions - 120 days Phase 11 Plans - 180 days Complete Permit Applic tions - 210 days Phase ~.I Plans - 260 days Phase IV Plans - 330 days The CONSULTANT shall prepare a Fast Track Construction Schedule providing a quality project in minimal time and with maximum ~'affic flow through the project. The CONSULTANT will utilize creative construction techniques and MOT staging in their design to achieve these goals. The project shall be prepared for advertisement at completion of the Phase IV plans. 2.15 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of design plans for distribution as follows: 1. Phase I (30%) 6 sets 2. Phase II (60%) 8 sets 3. Phase LII (90%) I 0 sets 4. Phase IV (100%) 10 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at Phase IV completion. All electronic (digital) files of final plans and specifications will be submitted to the County on CD. 2.16 Provisions for Work ,<1 maps, plans and desig-ns are to be prepared with English values in accordance with alt applicable current COL~'NTY and FDOT manuals, memorandums, and guidelines. General ' Florida Statutes Florida Administrative Codes Florida Department of Transportation Project Development and Environmental Manual Florida Department of Transportation Plans Preparation Manual Horida Department of Transportation Standard Specifications for Road and Bridge Construction Florida Department of Transportation Handbook for Preparanon of Specifications Package Florida Depa.rm:tent of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways Bicycle Facihties Planning and Design Manual, Rev. Ed. 1982 CADD Production Criteria Handbook CADD Manual Florida's Level of Service Standards and Guidelines Manual for Planning Equivalent Single Axle Load Guidelines Design Traffic Procedure K-Factor Estimation Process Project Traffic For :asting Guidelines Florida Department of Transportation Basis of Estimates Manual Quality A~surance Guidelines Safety Standards Rule 61G17-6, F.A.C., Minimum Technical Standards for Professional Surveyors and Mapp¢~ Department of Environmental Protection Rules Governing Mean High Water and Jurisdictional Line Surveys Any special instructions from the DEPARTMENT Utility Accommodations Guidelines Policy for Geometric Design of Highways and Streets , t,C~ ~i ,. '..& i'~' ';: / DEC A-5 Permits Chapter 373, F.S. Drainage Drainage Manual Drainage Handbooks · Storm Drain · Optional Pipe Materials · Stormwater Management Facility · Cross Drain · Erosion and Sediment Conrail · Survey Location Survey Manual Highway Field Survey Specifications Automa~efl Survey Dam Gathering Outline Specifications for Aerial Surveys and Photogrammetry for Transportation Projects Standards for Consultant-Submitted G.P.S. Static Control Projects EFB User Guide Chapter 4.72, F.S. Chapter 177, F.S. FDEP Bureau of Surveying and Mapping Traffic Operation Manuals American Disabilities Act ASSHTO -,,Guide for Development of Bicycle Facilities Federal Hi~,hway Administration Standard Highway Signs Manual Flor/da Department of Transportation Traffic Engineering Manual ~o~ida D~e?artmen. t~f ,Transportation Manual on Uniform Traffic Studies (MUTS) Nat/onal Electrical Code National Elecmc Safety Code Traffic Operation Manuals Mimmum Specifications for Traffic Control Signal Devices (continued) Flor/da Department of Transportation - Florida Roundabout Guide FI-DVA - Roundabouts: An Informational Guide Flor/da Department of Transportation Median Handbook AASHTO - An Information Guide for Highway Lighting Mapping Right-of-Way Mapping Ronda Department of Transportation Right-of-Way Handbook Florida Department of Transportation Right-of-Way Manual Structures AASHTO LRFD Bridge Specifications and Interims AASHTO Standard Specifications for Smlctural Supports for Highway Signs. Lurmnaires and Traffic Signals, dated 1994 AASHTO AWS-DI.5M DI.5:2001 An American National Standard .~SHTO Guide Specifications for Structural Design of Sound Bamers Flor/da Department of Transportation Structures Design Guidelines Florida Department of Transportation Structures Detailing Manual Florida Department of Transportation Structures Standard and Semi-Standard Drawings Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Florida Department of Transportation Structures web site only) Florida Deparmaent of TransportaUon Su'uctures CADD Manual Florida Department of Transportation Preferred Details (available on Florida Department of Transportation Su'uctures web site only) Florida Department of Transportation - New Directions For Florida Post-Tensioned Bridges Volumes i-5 Florida Department of Transportation Bridge Load Rating Permitting And Posting Manual Geotechnical Soils and Foundation Handbook Manual of Florida Sampling and Testing Methods Landscape Architecture Florida Hi~wa)t Landscape Guide ~t,,, '- -~ DEC 1 ? 20,7,2 .._:?- ...... 2.17 Services to be Performed by the COUNTY The COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: o Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract. o Provide the appropriate signatures on application forms Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY Provide phase reviews of roadway plans Furnish an approved Environmental Document when available AJI future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work Project data currently on file County standards and review services .MI available information in the possession of the COLd-FY pertaining to utili~ companies whose facilities may be affected by the proposed construction All future information that may come to the C©UNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of adc~ition:q areas t~at can be utilized as part of the existing right-of-way Existing right-of-way maps 2.18 Supplemental Consideration The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited. Specifically, engineering' inspection would require designating a quali~ied person(s} to oversee construction activities, document construction activities and progress, arid communicate directly with COUNTY staff. 3 PROJECT GENERAL TASKS 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as aeeded, to discuss the project. The CONSULTANT shall anticipate participation in six additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Coordination Meetings Pr/or to printing of the review p/ans at design phases I, II and III, an advanced discussion of the project will take place at a Coordination Meeting. The Designer will provide County Staff with review "draft" copies of the plans drawings two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. 3.3 Joint Project Agreements Includes all coordination, meetings, etc. required to include Joint Project Agreement (J'PA) plans (prepared by others) in contract plans package including all necessary revisions/modifications to contract documents to ensure plans compatibility. 3.4 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSU-LT,~NT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. ' The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific reqmrements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions wilI be submitted to the COUNTY for initial review at the time of the Phase 1II plans review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of 1.) the printed specifications package (one side only and properly numbered); 2.) a copy of the marked-up workbook used to compile package; 3.) a copy of the final project plans; and 4.) a copy of the Contract Estimating System sheet utilized with the project. The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.5 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsuitant agreements, etc. No. . DEC 17 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. Puo_mc~r COMMON Tn~:,~ These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 22.. ~ The CONSULTANT shall perform research of existing PUD and DR/documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. All existing PUD and DR/ documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the Phase I Plans. Cost Estimates: The CONSULT,-LNT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at milestone of the project. A Summary, of Pay Items sheet shall be prepared with the Phase Il, IH, and IV Plans. Technical Special Provisions: The C©NSULTANT shall provide Technical Special Provisions for all items of work not covered by ~he FDOT Standard Specifications for Road and Bridge Construction and recUmng special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first ,nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COLhNTY. ,4.I1 modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall be technical in nature and shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2'xli' sheets and shall not have hoIes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepar,ed as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONSULT,~NT as part of their A-9 DEC 1 7 20;2 normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, ere) and a written resolution of comments on a point by point basis will be required with each phase submittal. The responsible Professional Engineer, Landscape Architect or Professional Sm-veyor that performed the Quality Control review will sign a statement certifying that the review was conducted. The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Independent Peer Review: When directed by the COUNTY, a subconsultant shall perform Independent Peer Reviews. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSLrLTANT shall provide an approved Typical Section Package prior to the Phase I submittal. 4.2 Pavement Design Package The CONSL~LTANT shall provide an approved Pavement Design Package prior to the Phase II Plans submittal date. Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with the COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions. Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. DEC 17 4.4 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometries using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, PD&E documents and scope of work. 4.5 Cross Section Design Files Thc CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement marlcings, and detour quantity tabulations. Special consideration shall be given to the construction of thc drainage system when developing r3c construction phases. Positive drainage must be maintained at all times. The CONSULTANT shall investigate the need for temporary traffic signals, temporary, lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the FDOT. ' 4.7 Design Variations and Exceptions The CONSULTANT shall prepare the documentation necessary to gain COUNTY approval of all appropriate Design Variations and/or Design Exceptions. 4.8 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8-1/2"xl 1" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1/2"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.9 Computation Book and Quantities The CONSULTANT shall prepare the computation book and various summary of quantities sheets. This includes all efforts required to develop the computation book and the supp~)rting documentation, including construction days when required. 4.10 Cost Estimate No. , _ DEC 1 7 2332 A-Il 4.11 Technical Special Provisions 4.12 Field Reviews 4.13 Technical Meetings 4.14 Quality Assurance/Quality Control 4.15 Independent Peer Review 4.16 Supervision 4.17 Coordination 5 ROADWAY PLANS The C©NSULT4~qT shaJl prepare Road~ay, Drainage, Traffic Control, Utility Adjustment Shee~s, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: ' ' 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Typical Section Sheets 5.5 General Notes/Pay Item Notes 5.6 Summary of Quantifies 5.7 Box Calvert Data Sheet 5.8 Summary of Drainage Structures Optional Pipe/Calvert Material DEC 1 ? 2G:,2 A-12 5.10 Project Layout 5.11 Plan/Profile Sheet 5.12 Special Profile 5.13 Intersection Layout Details 5.14 Miscellaneous Detail Sheets 5.15 Drainage Structure Sheet 5.16 Miscellaneous Drainage Detail Sheets 5.17 Lateral Ditch Plan/Profile 5.18 Lateral Ditch Cross Sections 5.19 Retention/Detention Ponds Derail Sheets 5.20 Retention Pond Cross Sections 5.21 Cross-Section Pattern Sheet 5.22 Roadway Soil Survey Sheet 5.23 Cross Sections 5.24 Traffic Control Plan Sheets 5.25 Traffic Control Cross Section Sheets 5.26 Traffic Control Detail Sheets 5.27 Utility Adjustment Sheets 5.28 Selective Clearing and Grubbing .o [ ~., r-_.) .~.,~k,_.__ DEC 1 ? 2 ;2 5.29 Erosion Control Plan 5.30 SWPPP 5.31 Project Control Network Sheet 5.32 Interim Standards 5.33 Utility Verification Sheet (SUE Data) 5.34 Quality Assurance/Quality Control 5.35 Supervision DRAINAGE ANALYSIS The C©NSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals. guidelines, standards, handbooks, procedures, and current design memorandums. The C©NSLrLTANT shall be responsible for designing a drainage and storrnwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the FD©T's Drainage Manual. - Coordinate fully with the approphate permitting agencies and the COUNTY's staff. The work will include the engineering analyses for any or all of the following. 6.1 Determine Base Clearance Water Elevation Analyze, determine and document high water elevations which will be used to set roadway profile ~ade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above mentioned surface waters. 6.2 Pond Site Analysts Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordinatioin for all of the project's pond site analyses. The FDOT Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. DEC 1 7 26.32 A-14 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Ouffalls Analyze and document the design of ditch or piped ouffalls. 6.6 Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area Determine flood plain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout ~shape, contours, slopes, etc.~. Document the design following the reqmrements of the regulatory agency. 6.9 Design of Storm Drains Develop a "working drainage map." deterrmne runoff, inlet locations, and spread. Calculate hydraulic losses (fr/ction, utility conflict and, if necessary, miaor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Determine acceptable options for pipe materials. 6.11 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analyses and Report and Bridge Hydraulics Report. DEE 1 7 2d32 6.12 Cost Estimate 6.13 Technical Special Provisions 6.14 Field Reviews 6.15 Technical Meetings 6.16 .Quality Assurance/Quality Control 6.17 Independent Peer Review 6.18 Supervision 6.19 Coordination UTILITIES The CONSULT2MNT shall identify utility facilities and secure agreemen[s, utility work schedules, and plans fi-om the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUSN-TY's construction project. The CONSULTANT shall certify, all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call. Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 Individual/Field Meetings Make Utility Contacts First Contac_t: Send le ters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the prOJect limits, and one set to the COUNTy. AGE~ · I"- ~ ~" A-16 DEC 17 2022 Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. 7.4 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify parficipanas, and conduct a preliminary utility meeting with ali affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.5 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.6 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.7 Utility Design Meeting Prior to the meeting, the CONSU'LTA~NT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project lin'Uts, and one set to the COUNTY. The CONSULTA~NT shall schedule (time and place), notify participants, and conduct a Utility. meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect oh existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.8 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s). Coordinate programming of funds. NO. DEC 17 A-I7 7.9 Utility Coordination/FoHowup This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.10 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. 7.11 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittala to UAO(s) are by certified mail, return receipt requested. 7.12 Certification/Close-Out The CONSULT.ad,IT shall certify, to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in thc Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be reslX)nsible for early identification of and coordination with the appropriate regulatory agencies, including U.S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission an Florida Natural Areas Inventory to assure that design efforts are properly directed toward permit requirements. DEC 1 7 2332 A-18 ~. lag.-- 37 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to det~i,lirle [he boundaries of wetlands and surface waters del'reed by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULT,-MNT shall prepare permit packages as identified in the Project Description section. The CONSULTANT shall collect all of the data and information necessary to obtain the enviror~mental permits required to construct a project. The CONSULT,&N'T shall prepare each perrmt appiicauon for COL~'NTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 8.6 Prepare Dredge and Fill Sketches 8.7 Prepare USCG Permit Sketches 8.8 Prepare Easement Sketches 8.9 Prepare Right-of-Way Occupancy Sketches 8.10 Prepare Tree Permit Information 8.11 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. DEC A-19 'D Pg. '~ 8.12 Environmental Clearances The CONSULTANT shall prepare clearances for all pond and/or mitigation sites identified. Archaeological and_ Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and/or mitigation sites and prepare a Cultural Resource Assessment Request Package. Wetland Impact Ana!y~!~: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. ~Tbreatened and Endangered Species Analysis: The CONSULTANT shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. .Phase One Environmental Audit/Assessment: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report. .S. tormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stormwater Pollution Prevention Plan and obtain the FDEP and EPA NPDES Permits. 8.13 Technical Meetings 8.14 Quality Assurance/Quality Control 8.15 Supervision 8.16 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8½"xl 1" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the de, ign calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout AG~,J~.~, ~ E ~';.~:~ No. I~r /~ _-,,, DEC 17 2332 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Computation Book and Quantifies 9.7 Cost Estimate 9.8 Technical Special Provisions 9.9 Field Reviews 9.10 Technical Meetings 9.11 Quality. Assurance/Quality Control 9.12 Independent Peer Review 9.13 Supervision 9.14 Coordination 10 STRUCTURES - RETAINING WALL GENERAL REOUrREMENTg 10.1 Key Sheets 10.2 Horizontal Wall Geometry CA~gT-INoPLACE RETAINING WALLq 10.3 Design 10.4 Vertical Wall Geometry DEC 17 2~;2 ,., 10.~ General Notes 10.6 Wall Plan and Elevations (Control Drawings) 10.7 Sections and Details 10.8 Reinforcing Bar List OTH~,R RF. TAININC WAI.L~ 10.9 Design 10.10 Vertical Wall Geometry 10.11 General Notes, Tables and Miscellaneous Details 10.12 Wall Plan and Elevations 10.13 Details 11 STRUCTURES - MISCELLANEOUS CONCRKT~. Box CI~LVERTS 11.1 Concrete Box Culverts 11.2 Concrete Box Culverts Extensions MAST A liM,~ 11.3 Mast Arms $O[JND BARRIF, R WALl,g; lC, ROUND 11.4 Horizontal Wall Geometry 11.5 Vertical Wall Geometry 11.6 Semi-Standard Drawings 11.7 Control Drawings 11.8 Design for Wall Height Covered by Standards DEC I 7 A-22 11.9 Aesthetic Details 12 SIGNI'NG AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 12.1 Traffic Data Analysis Perform queue analysis. 12.2 No Passing Zone Study 12.3 Reference and Master Design File Thc CONSUrLTANT shall prepare the Signing & MarKing Design file to include all necessary, design elements and all associated reference files. 12.4 Multi-Post Sign Support Calculations The CONSL~LT~NT shall deterrmne the appropriate column size from the FDOT's Multi-Post Sign Program(s). 12.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 12.6 Sign Lighting/Electrical Calculations Includes the verification of photometrics on lighted, load center and voltage drop calculations. 12.7 Quantities 12.8 Computation Book 12.9 Cost Estimates 12.10 Technical Special Provisions 12.11 Field Reviews 12.12 Technical Meetings No ti DEC 17 A-23 12.13 Quality Assurance/Quality Control 12.14 Independent Peer Review 12.15 Supervision 12.16 Coordination 13 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: 13.1 Key Sheet 13.2 Summary of Pay Items Including CES Input 13.3 Tabulation of Quantifies 13.4 General Notes/Pay Item Notes 13.5 Project Layout 13.6 Plan Sheet 13.7 Typical Details 13.8 Guide Sign Work Sheet(s) 13.9 Traffic Monitoring Site 13.10 Cross Sections 13.11 Special Service Point Details 13.12 Special Details NO__ DEC ^-24 Pg. 13.13 Interim Standards 13.14 Quality Assuran~ty Control 13.15 Supervision Overhead Sign Structm'e Sheet and Soil Boring Sheet are prepared in other activities of this scope. 14 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of Collier Boulevard and I .mmokalee Road for modifications needed to accommodate the six-lane configuration in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 14. i Systems Timings The CONSULTANT shall determine proper coordination timing. 14.2 Reference and Master Interconnect Communications Design File The CONSULTANT shall design Interconnect Communications 14.3 Quantities 14.4 Cost Estinmte 14.5 Technical Special Provisions 14.6 Field Reviews 14.7 Technical Meetings 14.8 Quality Assurance/Quality Control 14.9 Supervision and Coordination 15 SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FDOT Plans Preparation Manual, which includes the following: 15.1 Key Sheet 15.2 Sumnmry of Pay Items Including CES Input 153 Tabulation of Quantifies 15.4 General Notes/Pay Item Notes AG E hi/~A.,hTE~.--- 15.5 Plan Sheet ~Jo. /{tS/~' -N DEC 17 2 -22 15.6 Interconnect Plans ~ 15.7 Traffic Monitoring Site 15.8 Guide Sign Worksheet 15.9 Special Details 15.10 Special Service Point Details 15.11 Utility Conflict Sheet 15.12 Interim Standards 15.13 Quality Assurance/Quality Control 15.14 SupervisiOn 16 LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design. 16.1 Lighting Justification Report The CONSULTANT shall prepare a Lighting Justification Report. The report shall be submitted under a separate cover with the Phase ! plans submittal, titles Lighting Design Analysis Report. 16.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the Phase II plans subrmttal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and /or twolanes), interchanges, underdeck lighting, and arterial roads. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 16.3 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. A-26 DEC 1 7 2002 Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 16.4 FDEP Coordination and Report 16.5 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 16.6 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: Lighting Calculations. Back up sheet for each bid item quantity total on each lighting plan sheet. Phase submittal checklist. Three-way quantity check list. Structural calculation for special conventional pole concrete foundations Letter to the power company requesting service. Power company confirmation lctter on the requested services. Voltage drop calculations Load analysis calculations. 16.7 Quantities 16.8 Cost Estimate 16.9 Technical Special Provisions 16.10 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment. Load Center, Capabilities and Condition/Age. Condition of Lighting Structure[s) 16.11 Technical Meetings 16.12 Quality Assurance/Quality Control 16.13 Independent Peer Review 16.14 Sul~ ervision 16.15 Coordination 17 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 17.1 Key Sheet NoAG21': :'a' ~' DEC 17 20.22 A-27 P,- ~ I.,.,..,. ''~ ~ 17.2 Summary of Pay Item Sheet Including CES Input 17.3 Tabulation of Quantities 17.4 General Notes/Pay Item Notes 17.5 Pole Data and Legend & Criteria 17.6 Service Point Details 17.7 Project Layout 17.8 Plan Sheet 17.9 Special Details 17.10 Temporary Lighting Data and Details 17.11 Traffic Control Plan Sheets 17.12 Interim Standards 17.13 Quality Assurance/Quality Control 17.14 Supervision 18 SURVEY The COUNTY will provide the CONSULTANT with a baseline survey provided under separate contract, The baseline survey will be provided in the form of hard copy plan drawings and computer files in AutoCad format. The surveying was conducted for the purpose of providing existing topographic and utility features to advance design. The CONSULTANT will supplement this survey with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors are found in the data. 18.1 Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of all field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing R/W lines (in required format) per COUNTY RfW Maps, platted or dedicated rights of way. 18.2 Digital Terrain Model (DTM) 18.3 Pond Site Sure ,y Refer to tasks of this document as applicable 18.4 Mitigation Survey Refer to tasks of this document as applicable. G No DEC 1 7 A-28 Pcj._ 18.5 Geoteclmicai Support Perform 3-dimensional (X,Y,Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of all field collected data and/or repons. 18.6 Maintained R/W Perform field location (2-dimensional) of maintained R/W limits as defined by respective authorities, if needed. Also includes field edil~, analysis and processing of all field collected data, preparation of repons. 18.7 Water Boundary Survey Perform Mean High Water, Ordinary High Water and Safe Upland Line surveys as required by FDOT standards. 18.8 Work Zone Safety Provide work zone as required by FDOT standards. 18.9 Supervision Perform all activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida Professional Surveyor. 18.10 Coordination 19 MAPPING The COUNTY will provide the CONSULTANT with mapping provided under separate contract. The mapping will be provided in the form of hard copy plan drawings and computer files in AutoCad format. The mapping was conducted for the purpose of providing existing topographic and utility features to advance that portion of the design effort. The CONSULTANT will supplement this effort with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors are found in the data. DEC 1 7 2032 A-29 Pcs MASTER CADD Fo.v. 19.1 Alignment 19.2 Section and 1/4 Section Lines 19~ Subdivisions 19.4 Existing Right of Way 19.5 Topography 19.6 Parent Tract Properties and Existing Easements 19.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requiremenm. The PSM is responsible for calculating the final geometry. 19.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EOR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined. 19.9 Jurisdictional/Agency Lines These lines may include but are not limited to jurisdictional, wetland, water boundaries, and city/county limit lines. ~HEF~T 19.10 Control Survey Cover Sheet 19.11 Control Survey Key Sheet 19.12 Control Survey Detail Sheet 19.13 Right of Way Map Cover Sheet 19.14 Right of Way Map Key Sheet i NO. ,, [{4~ [~ ~ I DEC 17 19.15 Right of Way Map Detail Sheet 19.16 Maintenance Map Cover Sheet 19.17 Maintenance Map Key Sheet 19.18 Maintenance Map Detail Sheet 19.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 19.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primao' and secondary control points and their reference points including the type of material used for each point, their X'YT, coordinates, scale factors and convergence angies. This sheet(s/may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 19.21 Table of Ownerships Sheet MISCELLANEOUS SURVEYS AND ,~KICI'CHF,~ 19.22 Parcel Sketches 19.23 TIITF Sketches 19.24 Other Specific Purpose Survey(s) 19.25 Boundary Survey(s) Map 19.26 Right of Way Monumentation Map 19.27 Title Search Map 19.28 Title Search Report 19.29 Legal Descriptions ~ No. ll~ I~' ~ DEC ! 7 19_30 Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 19_31 Field Reviews 19.32 Technical Meetings 19.33 Quality Assurance/Quality Control 19.34 Supervision 19.35 Coordination 20 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FDOT standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. 20.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. ROADWAY The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of Phase IV plans. The preliminary roadway exploration will be performed and results provided to the Engineer of Record to assist in setting roadway grades and locating potential problem areas. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. - A-32 DEC. 17 2D32 20.2 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. 20.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 20.4 MOT Plans for Field Investigation Coordinate and develop Maintenance of Traffic (MOT) plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 20.5 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 20.6 Groundwater Monitoring Monitor groundwater, using piezometers. 20.7 LBR Sampling Collect appropriate samples for Limerock Bearing Rauo iLBR) testing. 20.8 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 20.9 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 20.10 Design LBR Determine design LBR values from the 90% and mean methods. 20.11 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. AGENC, A 1~:~~4 ~' NO. [ ~,"; -3 DEC 1 ? 2002 A-33 20.12 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if requested. 20.13 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 20.14 Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation. 20.15 ASCII Files for Cross-Sections Create ASCII files of boring data for cross-sections. 20.16 Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis. 20.17 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of' any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 20.18 Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted befol'e the Phase I plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems. Copies of U.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. 20.19 Final Report The Final Roadway Report shall include the following: Copies of U.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and cons~uction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised repons. STRIICTITRE~ The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of Phase IV plans. CONSULTANT shall perform specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. The staff hour tasks for structural foundations for box culverts, wails, overhead signs, mast arm signals, and other structures include the following: 20.20 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 20.21 MOT Plans for Field Investigation Coordinate and develop MOT plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 20.22 Collection of Corrosion Samples Collect corrosion samples for determination of environmental classifications. 20.23 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. DEC 1 ? 2.3:2 20.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing. 20.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses. 20.26 Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. 20.27 Walls Provide the design soil profile(s), which include the soil model/type of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations. Review wall design for geotechnical compatibility and constructabilit¥. Evaluate the external stability of conventional retaining walls and retained earth wall systems. For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long term and short term) settlements. Provide wall construction recommendations. 20.28 Soil Parameters for Signs, and Geotechnical Recommendations Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. 20.29 Box Culvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. Provide lateral earth pressure coefficients. Provide box culvert construction and design recommendations. Estimate differential and total (long term and short term) settlements. Evaluate wingwall stability. 20.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: Copies of U.S.G.S. and S.C.S. maps with project limits shown. Summary of structure background data, SCS, USGS, geologic and potentiometric data. The results of ali tasks discussed in the previous section (Data Interpretation and Analysis). I AG E,~.~ ~TEN~,,4.~ A-36 DEC 1 7 2022 Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary. Any special provisions required for construction that are not addressed in the FDOT's Standard specification. An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and drilled shafts,, a complete FI-IWA check list, pile driving records (if available) and any other pertinent information. Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans. The reports will be submitted in final form and will include the following: All original plan sheets (11" x 17") One set of all plan and specification documents, in electronic format, according to FDOT requirements Two sets of record prints Six sets of any special provisions All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Draft the detailed borin~sounding standard sheet, including environmental classification, results of laboratory testing, and specialized construction requirements, for inclusion in final plans. 20.31 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, S.C.S. map and U.S.D.A. map. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 20.32 Technical Special Provisions 20.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 20.34 Technical Meetings 20.35 Quality Assurance/Quality Control 20.36 Supervision 20.37 Coordination NO~~ DEC 17 2 22 A-37 p~}. ~~ 21 PROJECT REQUIREMENTS 21.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of theft respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY. 21.2 Key Personnel The CONSULTANT's work shall be performed and dffected by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY. 21.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 21.4 Correspondence Copies or' ail wriuen correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY ~:or their records within one (1) week of the receipt or mailing of said correspondence. 21.5 Professional Endorsement The CONSULTANT shall have a Registered Prot~essional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FDOT standards. 21.6 Computer Automation The pro.~ect will be developed utilizing Computer Aided Drafting and Design (CADD) systems. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT's CADD Manual. The CONSULTANT will submit final documents and files as described therein. 21.7 Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 21.8 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services. The fee ~:or these services shall be negotiated in accordance with the terms detailed in Exhi ~thod of Compensation, for a fair, competitive and reasonable cost, considering the scope and omploagl~E~jf2A,~.~ A-3S DEC 1 7 2032 the project(s). The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required. 22 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. No. /lC /"2 DEC 1 ? 2002 SCHEDULE B BASIS OF COMPENSATION B. 1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production tecnniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring hi~gJ3Cjr;.._JZ~an regular rates; and l t DEC 17 (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. ~-¢ SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES See Attached pages B-1 through B-6 - , DEC 17 2::2 19 SCHEDULE B - ATTACHMENT A COLLIER BOULEVARD SUMMARY OF COST ESTIMATE BASIC SERVICES TASK CH2M HILL OUTSIDE SERVICES TOTAL Task I - 30% SUBMI'I'; AL $265,828 $105,000 $370,828 Task II - 60% SUBMITTAL $376,791 $66,708 $ .'~.3,499 Task HI - 90% SUBMITTAL $319,367 $0 $319,367 Task IV - 100% SUBM;rTAL $154,003 $0 $154,003 Task V - 24" WATERMAIN DESIGN $111,690 $5,000 $116,690 GRAND TOTAL $1,115,989 $171,708 $1,404,387 Deliverables: 222 Plan Sheets Geotechnical Report Threatened and Endangered Species Report Wetland Report Phase 1 Environmental Report SHPP© Report Traffic Report Typical Section Report Pavement Design Report Pond Siting Report Noise Report RAN Maps DEC 1 7 Page B - 1 Collier Summary SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE I. HOURLY RATE SCHEDULE Classification Hourly Rate Semor Review $148.21 Project Manager $131.28 Lead Engineer/Permit Spec. $101.04 _Design Engineer/Biolo~st $76.70 Lead Desi~en Technician $83.34 Drafting Technician $62.69 Clerical/Steno $43.51 No. ~;~'1 ~ DEC 1 ? 2022 SCHEDULE C PROJECT SCHEDULE Milestone: Contract Day: Phase I Plans 90 Right of Way Maps, Parcel Sketches and 120 Descriptions Phase II Plans 180 Complete Permit Applications 210 Phase III Plans 260 Phase IV Plans 330 DEC 1 7 2J~2 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shatl contain a provision that coverages afforded under the 'policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. DEC 17 23:;2 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? __X__ Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional dudng the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: - AGEj~DA ITEM- No.~ a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable __X__ Not Applicable (4) Maritime Coverage (Jones Act) shall be m~intained where applicable to the completion of the work. __ Applicable X__ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? __X__ Yes ~ No i (1) Gommercia~ General l_iability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be ?-4 maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of ,he Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Pedod (Discovery Period) for claims shall be no less than three (3) years. AG'7-'-;7'. ~',10 ~ (4) The Owner shall be named as an Additional Insured and the policy .hall that such coverage shall be primary to any similar coverage carried by the Owr err~9 _ ~.~ (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carded at the limits shown above if applicable to the completion of the work under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. __ Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. Applicable __X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earli DEC 1 7 2~.~2 26 shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4.) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. No. ./& DEC 17 27 (7) Waivers of Subrogation. The Owner and Contractor waive all dghts against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other pedls to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A All Risk Policy - $1,000 maximum deductible All Risk Policy- Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? __X_ Yes __ No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage- $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes ~ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: ~ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate ~ $2,000,000 each claim and in the aggregate r __ $. each claim and in the aggregate DEC 1 7 2332 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END Of SCHEDULE d. .... DEC l 7 2022 30 ~ '~~ tM A R S H CERTIFICATE OF INSURANCE CERT,F,CATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE MARSH USA, INC. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1225 17TH STREET, SUITE 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. DENVER, CO 80202-5534 COMPANIES AFFORDING COVERAGE COMPANY 15114 -00124-ALL-2000 TPA 623339 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY CH2M HILL, INC. B 4350 WEST CYPRESS STREET, SUITE 600 cOMPANY TAMPA, FL 33607 C COMPANY D COVERAGES This certificate supemedes and replaces any pm~4ously issued ce~f~cal, e for the policy period ¢~ed below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE IMITS SH(TWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I CO x~ypE OF INSURANCE POLICY NUMBER DATE {MM/DDIYY) DATE (MM/DD/YY) LTR GENERAL UABILITY GENERAL AGGREGATE $ 2,0001000 A MERCIAL GE NE RAL LIABILITY~LO8376563-07 I05/01/02 i/01/03 pRODUCTS-COMPtOPAGG $ 5,000,000 PERSONAL & ADV INJURY $ 750,000 [ ]CLAIMS MADE F~ OCCUR EACH OCCURRENCE i $ 7501000 [ OWNERS & CONTRACTOR'S PROT I FIRE DAMAGE (Any one fire) i $ 750,000 ~?.~0 00O SIR : A : AUI~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000~000 X~ ANY AUTO BAP8378516-07 (AOS} i 05/01/02 05/01/03 , ALL ~N NED AUTOS TAPS378560-07 (TX) i 05/01/02 05/01/03 BODILY INJURY ~ ~,P8378561-07 (VA) 05/01/02 05/01/03 (Per person)  SCHEDULED AUTOS HIRED AUTOS ,4A8378562-07 (MA) 05/01/02 05/01/03 BODILY INJURY $ Per accident) ____.] NON-OWNED AUTOS , PROPERTY DAMAGE I AUTO ONLY - EA ACCIDENT GARAGE LIABILITY OTHER THAN AUTO ONLY: .~ANY AUTO EACH ACCIDENT  i AGGREGATE , EXCESS LIABILITY i ~ EACH OCCURRENCE I AGGREGATE t d UMBRELLA FORM OTHER THAN UMBRELLA FORM v WC STATU- OTH4 WORKERS COMPENSATION AND ^ I TORYLIMITS I I ER/ EMPLOYERS' LIABILITY WC8378566-08 05/01/02 5/01/03 EL EACH ACCIDENT [ $ 1,000,000 A ' THE PROPRIETOR/ ~ INCL WC8378565-07 ,5101102 05/01/03 EL DISEASE-POLICY LIMITI $ 1,000,000 A PARTNERSIEXECUT?VE EL OISEASE~C-ACH EMPLOYEEt $ 1,000,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSJLOCATIONS."'VEHICLESlSPEClAL ITEMS RE: DESIGN AND PERMrrTING SERVICES FOR COLLIER COUNTY PROJECT t1,65061 - COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO IMMOKALEE BOULEVARD; PM: BILL GRAMER. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY POLICY SHALL BE PRIMARY AND iS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S CERTIFICATE HOLDER CANCELLATION TIlE iNSURER AFFORDING COVERAG~ WIlL EN[~AVOR TO MAIL --~0. DAYS WRITTEN NOT~CE TO T~'IE BOARD OF COUNTY COMMISSIONERS CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLigATe? COLLIER COUNTY, FLORIDA LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVER~ ......... ~.R~.,~.,~..~, 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 BY Dorothy~ Stev ns ~ DATE ADDITIONAL INFORMATIONSEA4)00623339-02 12/10/02 PRODUCER i COMPANIES AFFORDING COVERAGE MARSH USA, INC, 1225 17TH STREET, SUITE 2100 COMPANY DENVER. CO 80202-5534 i E COMPANY F 15114 -00124-ALL-2000 TPA 623339 INSURED CH2M HILL, INC. COMPANY 4350 WEST CYPRESS STREET, SUITE 600 G TAMPA, FL 33607 COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: OWNERSHIP AND/OR OPERATIONS. WORKERS COMPENSATION POLICY INCLUDES WAA/ER OF SUBROGATION. CERTIFICATE HOLDER BOARD OF COUNTY cOMMISSIONERS COLLIER COUNTY. FLORIDA ATTN: STEVE CARNELL. DIRECTOR OF PURCHASING PURCHASING BUILDING 3301 TAM[AMI TRAIL EAST NAPLES. FL 34112 AGENDA IT. EM - Pa,qe rl~ ~ I MARSH CERTIFICATE OF INSURANCE CE"T'F,CA.E...BER SEA-000623387-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ! MARSH USA, INC. ~0 RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE [ 1225 1TTH STREET. SUITE 2100 -- DENVER. CO 80202-5534 AFFOROED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 15114 -00005-ALL1-2000 TPA 623387 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY CH2M HILL. INC. B 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 cOMPANY C COMPANY D COVERAGES This certificate supersedes and replaces an Previously issued cerlJficate for lhe policy period noted below. 1 T~IIS IS TO CERTIFY THAT POLICES O~ INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD iNDICATED NOTVVITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE tSSUED OR MAY PERTAIN. THE ~NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA~D CLAIMS. CO POLICY EFFECTIVEPOLICY EXPIRATION i GENERAL AGGREGATE LTR TYPE OF INSURANCE POLICYNUMBER DATE(MM/DDIY'Y') LIMITS GENERAL UABILITY BATE (MMIDDIYY} ~MMERC[AL GENERAL LL~BIL'TY i /PRODUCTS - COMPs'DP AGG I $ II CLA,MS MADE ['~ OCCUR PERSONAL & ADV ,N JURY IOWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE ~-~ I FIRE DAMAGE AUTOMOBILE LIABILITY t MHD EXP tAny one perso~l COMBINED SINGLE LIMIT ;__._~ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS iPer Derso~) ~ HIRED AUTOS BODILY INJURY ~ ~ (Pe¢ acciclenl) I i NON-OWNED AUTOS GARAGE I AUTO ONLY - EA ACCIOENT LJABIETY ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT ~ $ J AGGREGATE I EXCESS LIABILITY EACH OCCURRENCE i UMBRELLA FORM AGGREGATE I i OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND t WC STATU. I I OTH-~ I EMPLOYERS' UABILJTY j I TORY LIMITS ! I · EL EACH ACCIDENT THE PROPRIETOR/ : ~AR~ER$,EXECU~VE ~ -- ELD,SEASE-POLICYL,M,T OFFICERS ARE: ~ EXCL EL DISEASE-EACH EMPLOYEE OT.E. J A PROFESS ONAL LIABILITY* EOC3829621-00 05/01/02 05/01/03 TOTALS1,000,000FoREACHALL CLAIMsCLAIM AND DESCRIPTION OF OPEI~ATION-~/LOCATIONS/VEHICLESISPEClAL ITEMS RE: DESIGN AND PERMITrlNG SERVICES FOR COLLIER COUNTY PROJECT #65061 - COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO IMMOKALEE BOULEVARD; PM: BILL GRAMER. 'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF ~'~ PO~ICfES DESCRIBED HEREIN BE CANCEU. ED BEFORE ~IE EXPtRATION DATE THEREOF. THE JNSURER AFFORDING COVERAGE WILL ENDEAVOR TO MA[ 30 DAYS WRr~FEN NOTICE TO THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C~,rFIC^~E HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NO _ A'YIN: STEVE CARNELL. DIRECTOR OF PURCHASING L~S,UT~ o~ ^NY ~,.o uPoN mE INSU.E. AFFO~ING COVE~E. 3301PURCHASINGTAMIAMI TRAILBUILDINGEAsT ,SSUE. O. ~,S CE.rI~C^TE NAPLES, FL 34112 MARSH US~INC. ~ ----"'---~1 VAL,D AS OF: ,,,2o,o2 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design & Permitting are accurate, complete and current as of the time of contracting. CH2M Hill, Inc. TITLE:.~ J ~ ~.-'-/~'-~ 7~ ~.,. DATE: AGENDA ITE~ No./___Z.~_~ ~ DEC J Z.?? EXECUTIVE SUMMARY APPROVE THIRD DEVELOPER CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS, LLC TO AMEND THE AREA IN THE ORIGINAL AGREEMENT OBJECTIVE: To obtain Board approval of an amendment to the developer contribution agreement with Long Bay Partners Limited Partnership to expand the area subject to the agreement. CONSIDERATION: Long Bay Partners Limited Partnership has incorporated an additional area into its development and wishes to include the additional area into the DCA. Staff has no objections to adding this area to the DCA. The Collier County Transportation Division has agreed that after the amendment, impact fee credits due developer may be utilized in the additional area. Approval is requested subject to the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied. FISCAL IMPACT: There is no additional fiscal impact. GROWTH MANAGEMENT: Growth Management is not affected because no zoning issues or land use issues are involved. RECOMMENDATION: That the Board of County Commissioners approve the amended developer contribution agreement. Prepared by: ! , \£(.~ce'~~ ~~ Date: s qU~e Hubbard Robinson, istant County Attorney Revved iai Ayr [e .-~_ ff!~ O( . ~J~( Date: D~n-ald'L. Scott~ -' - ! Director, Transportation Planning Norm/fin Feder, Transportation Administrator / / AGENDA ITEM , ~0. DEC 1 7 2002 Pg .... THIRD AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT THIS THIRD AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT is made and entered into this __ day of , 2002, by and between Long Bay Partners, LLC (hereinafter referred to as Developer), whose mailing address is 9990 Coconut Road, Suite 200, Bonita Springs, FL 34135 and Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as County) whose address is 3301 East Tamiami Trail, Naples, FL 34112. RECITALS WHEREAS, the Developer and County entered into the Amended and Restated Developer Contribution Agreement (DCA) on November 10, 1998, which was recorded at OR Book 2494, Page 1704, of the Public Records of Collier County, Florida; and WHEREAS, the Developer and County entered into the First Amendment to the Amended and Restated Developer Contributio~'~. \~reement on November 23, 1999, which was recorded at OR Book 2690, Page 1969, of the Public Records of Collier County, Florida; and WHEREAS, the Developer and County entered into the Developer Contribution Agreement and Second Amendment to the Amended and Restated Developer Contribution Agreement on August 1, 2000, which was recorded in OF<. Book 2708, Page 1484, of the Public Records of Collier County, Florida; and WHEREAS, the parties desire to amend the DCA as amended to clarify the legal description of the property to be benefited bv the prior DCA as amended. '~X'!TNESSETH NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable consideration exchanged bet~veen the parties, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the parties a~ee as follows: 1. The above recitals are true and correct, and are herewith incorporated as part of this Agreement. 2. Exhibit A attached to the Amended and Restated DCA is hereby amended and replaced by the Amended Exhibit A attached hereto and incorporated herein. The term Property as used in the prior DCA as amended, shall now refer to the property described in Amended Exhibit A. 3. The parties acknowledge that it was the intent of the parties that the road impact fee credits granted to the Developer pursuant to the DCA as amended can be utilized for residential uses, golf courses, retail uses, office uses, industrial uses and any other uses .r~r ,.,,v,~,,h ,-,,~cl irn~nact f :es AGENDA iTEM must be paid. NO. ~_XJa~~. DEC I 7 2002 2. 4. Except as stated above, the terms and conditions of the DCA as amended remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. Attest: BOARD OF COUNTY COMMISSIONERS FOR Dated: COLLIER COUNTY, FLORIDA, A POLITICAL DWIGHT E. BROCK, Clerk SUBDIVISION OF THE STATE OF FLORIDA By: By: James N. Coletta, Chairman Approved as to form and legal sufficiency: ,~ssis~nt Cc~ty Attorney DEVELOPER: WITNESSES: LONG BAY PARTNERS, LLC By: Bonita Bay Properties, Inc. Its: Mana~ng Member ~"~'/'7~! ~' By: ~_/~,, ~ .~. &O [.~D. , //~~ q~'~J(2/-',-fi__ Susan Hebel Watts P~nt Nme: ~r:/) ~nq~o~ Vice President STATE OF FLORA CO~TY OF The forego~g imtmment w~ ac~owledged bebre me tbs ~ day of Dgo , 200:, by Sus~ Hebel Wa~s, Vice President of Bonita Bay Progenies, ~c., M~a~ng M~ber of Long Bay P~ers, LLC, on behalf of the comply. She ~ is person~ly ~o~ to me or h~ produced ~ver's hc~e no. ~ idemificafion. [ THai D. ~TES [ Not~ Public t -- Nota~ Public, S~te My comm. exp;r~ A~ 13, Comm. No. CC~ I ~,~,~ ~ . ~o,~ Public F:~ATAX~DATA~I~GATE~ONGBA~n~ ~kd mendment.doc BEC 1 7 2002 Pg. Wiis nMiller' -- New Directions In Planning, Design & Engineering AMENDED EXH]:BI'T A Description of South CDD - Mediterra, being a part of Sections t 1 and 12, Township 48 South, Range 25 East, Collier County, Florida ~ All that part of Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Section 11; thence along the north line of the northwest ¼ of said Section 11, North 88057'57" East 2652.50 to the north ¼ comer of said Section 11; thence along the north line of the northeast ¼ of said Section 11, North 88°56'51' East 1325.45 feet; thence continue along said line, North 88°58'01" East 1325.67 feet to the northeast comer of said Section 11; thence along the north line of the northwest % cf said Section 12, North 88~'58'39" East 2646.95 feet to the north % comer of said Section 12; ~ thence along the north and south ¼ section line, South 00°50'59" East 2633.10 feet to ~ the center of said Section 12; .... thence continue along said north and south 1/~ section line South 00°51'12" East 2631.85 feet to the south ¼ comer of said Section 12; thence leaving said north and south ¼ line of said Section 12 along the south line of said Section 12, South 88°41'20" West 2659.45 feet to the southwest corner of said Section 12; thence along the south line of said Section 11, South 88°41'20" West 2650.25 feet; thence leaving said section line, North 00041'40" West 30.00 feet; thence South 88044'40" West 1325.31 feet; thence North 00°30'44" West 300.04 feet; thence South 88047'43" West 1324.49 feet to the west line of said Section 11; thence along said west section line, North 00°48'28" West 2323.27 feet to the west ¼ comer of said Section 11; thence continue along said line North 00°44'37" West 2646.87 to the Point of Beginning · ' of the parcel herein described; Containing 953.97 acres more or less ALONG WITH Commencing at the southeast comer of said Section 12; thence along the east line of said Section 12, North 00°59'01"VVest 200.00 feet to the Point Of Beginning of the parcel herein described; AGENDA ITEM NO. ~ - DEC 1 7 2002 Naples Fort Myers Sara~;ota Tampa rallahassee Panama City ~each ~,.m...~ vr.~-as~. 3200 8ailey Lane, Suite200 Naples, Florida34105 941-649-4040 ~ 941-643-5716 ~34.oeo4~. . o www. wflsonmiller, corn Jt is nMiller New Oirec6ons In P~anning, Design & Engineering thence leaving said Section line South 88°40'16- West 2576.35 feet; thence North 58°38'42" West 55.56 feet; .. thence North 02°55'41- West 51.18 feet; thence North 00°53'22- East 168.77 feet; thence North 00°04'47- East 782.63 feet; thence North 00°51'30' West 83.55 feet; thence South 88°45'49- West 50.00 feet to the north-south ~ line of said Section 12; thence along said line North 00°51'12' West 1316.19 feet to the center of said Se~ion 12; thence along the east-west ¼ line, North 88°51'44" East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Flodda, North 00°53'36" West 657.34 feet to a point on the south line of the North ~ of the SW ¼ of the NE ¼ of said Section 12; thence along said south line, North 88°54'36" East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88°54'36" West 1325.19 feet to the north- south ¼ line of said Section 12; thence along said north-south ¼ line, North 00°50'59" West 628.30 feet to the northwest comer of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along the north line of said land, North 88°55'21" East 1324.63 feet to the northwest comer of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Flodda; thence along said line, North 88°55'21" East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00°57'34" East 657.27 feet; thence continue along said line South 00°58'26" East 656.84 feet to the east- west ¼ line of said Section 12; thence along said line North 88°51'44' East 264.89 feet to the east ¼ comer of said Section 12; thence along the east line of said Section 12, South 00°59'11" East 2422.79 feet to the Point of Beginning of the parcel herein describ Subject to easements and restrictions of record. DEC ! 7 2002 ispnMiller -' ~ DlrecSor~ In P~, Design & Enginee~ng Containing 200.42 acres more or less Containing 1,154.39 net acres more or less. .. Beadngs am based on the west line of said Section 11 being North 00°43'24" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineem and Land Surveyom ~~/Boutwell, P.S.M. #3934 Date ~ ~'/Z 04)/ Ref. 4L-1558A Not valid unless embossed with the Professional's seal. DEC 1 7 2002 G~,'~l- ~.3~2 Ve~. 011- k~a~ AGF_.NDi ~ ITEM NO. k:,. ~//~ j DEC 1l ? 2002 · EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT AN ACCESS EASEMENT WITH KEITH AND DEBORAH KINKOR WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TH STREET SW. FISCAL IMPACT: $5,100.00. PROJECT NO. 69068 OBJECTIVE: Approve an Easement Agreement and accept an access easement from Keith Kinkor and Deborah Kinkor, thereby providing a necessary easement for access to and maintenance of, the Golden Gate Canal at the northeastern quadrant of the bridge constrQcted at 13th Street SW. CONSIDERATION: On June 12, 2001, the Board approved the Professional Design-Build Services Agreement with Kelly Brothers Inc. and American Consulting Engineers, PLC, for the construction of a bridge over the Golden Gate Main Canal at 13th Street SW in Golden Gate Estates. South Florida Water Management District--Big Cypress Basin (SF.WMD-BCB) originally placed permit conditions within the Right of Way Occupancy Permit to clear and grade a maintenance path along the top of the bank and select clearing along both the north and south side slopes of the Golden Gate Main Canal between 1 lth Street SW and 15th Street SW. As a result of concern expressed by property owners and after a meeting held with SFWMD-BCB, the permit will be modified to provide direct access to all four quadrants at the bridge site on 13th Street SW in order to clear debris that may collect at the bridge from time to time. Direct access to the bridge will require the acquisition of access easements from the owners of the properties located at the four comers of the bridge, with SFWMD-BCB named as a party to the access easemen.t. Acceptance of said access easement will provide the County and SFWMD-BCB with one of the necessary easements required for maintaining the Golden Gate Canal at the bridge site on 13th Street SW. Approval of the Easement Agreement, attached as Exhibit 1, will provide the Board's authorization to staff to close on the purchase of said easement, owned by Keith Kinkor and Deborah Kinkor, and located at the northeast quadrant of the bridge constructed over the Golden Gate Canal at 13th Street SW. Staff has negotiated a settlement with Keith Kinkor and Deborah Kinkor in the amount of $5,000.00 to compensate them for the access easement, damages resulting to the Owner's remaining lands, and for all other damages and expenses in connection with the conveyance of said easement including attorney fees.  ISCAL IMPACT: $5,100. Funds for this access easement and associated closing costs will come om the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: The recommendation is consist: .... AGEN D~a, I.~.~M long range planning effort. No. [~{['~ _ DEC 1 ? 2002 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement Agreement and authorize its chairman to execute same on behalf of the Board; and 2. Accept the easement conveyed thereby; and 3. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. Kevin Hendricks, Right-of-VV'ay Manager ' Transportation Engineering and Construction Management REVIEWED BY: ~,'~ f.-'~ ~'(. DATE: [ Z - ~--~ Ewing "SI~I~'~ Mcl~lici~ael, ~'roject Manager Transportation Engineering and Construction Management REVIEWED BY: ~ ... - ,. - -' DATE: Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg Strakaluse, Director Transportation Engineering and Construction Management APPROVED BY: DATE: Norma/h Feder, AICP, Administrator Trans~ation Se~ices Division DEC PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 ., PRO/ECT NO ..........60012 PARCEL NO .............. FOLIO NO... TAX PARC~ ~L NO ........... 68.1 I.FGAL DESCRIPTION (NOT A SURVEY) THE NORTH 30.99 FEET OF THE SOUTH 250.99 FEET OF THE EAST 25 FEET OF THE WEST 55 FEET, OF TRACT 68, GOLDEN GATE ESTATES, UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGES 99 & 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENDA IT~.~ PREPARED PROFESSIONAL LAND SURVEYOR-FL. p~ T~NSPORTATION ENGINEERING DEP, ~ 2685 HORSESHOE DRIVE SOUTH ~ NAPLES, FLORIDA' 34104 SHEET PUBLIC WORKS ENGINEERING DEPARTME 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 . (239) 659-5773 PROJECT NO ..........60012 PARCP_.L NO .............. FOLIO NO... TAX PARCEL NO ...........68.2 LEGAL DESCRIF1XON (NOT A SURVEY) THE NORTH 35.01 FEET OF THE SOUTH 286 FEET OF THE EAST 25 FEET Of THE WEST 55 FEET, OF TRACT 68, GOLDEN GATE ESTATES, UNiT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGES 99 & 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROJECT: 13t~ Street SW FC~LIO: Portion of 37014440056 and Portion of 37014460007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is mad~ and entered into on this ~ day of 2002, by and between KEITH KINKOR AND DEBORAH KINKOR hu;3and and wife, (hereinafter referred to as "Owner"), whose mailing address is 810 13th Street SX,;, Naples, Florida 34117, ar:.l COLLIER COUNTY, a political subdivision of the State of Florid,, its successors and assigns (hereinafter referred to as "Purchaser"), whose ma/ling address is 33C'i Tam/am: Yrail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for access and maintenance of the Golden Gate Canal aver. under, u~cn· and across the lands described in Exhibit "A" (hereinafter referred to as the "E~_,emen:" ~. ~ h:~'}~ is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convex ti~c Easement to Purchaser and to the South Florida Water Management District-Big Cypress ~asin (SFWMD-BCB), as joint Easement holders, for the stated purposes, on the terms and conditizns ~et :'ct'In he:-ein; and WI~LEREAS, Purchaser has a.~ree~i tc ~ o:~:[~e:;~a:c t),~ ;~zr t'or conveyance of the Easement; NOW THEREFORE. in consideranon of these :~rc.mises, the sum of Ten and No/100 Dollars (S10.00), and other good and valua~te ccnslderat'!o::, t.~!e receipt and sufficiency of which is hereby mutually acknowledged, it is aeree~ bx and :,e',~,. e:~n :Se pan/es as folloa s: 1. Owner shall convey the Easement to ['u:c'.:a,cr ..nd 7; South Flonda Water Management D:stnct-Big Cypress Basra for the sum c,:' $5.~[~(' I.>(!. ?ayah e by County Warrant (said transaction hereinafter refen'ed to as the C;osin_~ .. Sad navment shall be full compensation for the Easement convesed, including ali landsc~'p:t~g, t:'ee~*. ~'hrubs, improvements, driveway, and fixtures located thereon, and for an: damages :'esu!finz to Owner's remaining lands, and for all other damages in connecuon ~:tt' :onxe.xance .~i ~:d Easement to Purchaser and to South Florida Water Management Dis:r~c: Bi,z (-'~vres~ Basin, including all expert witness fees and costs as provided for in Cha:~zr 737 F.i~*ida Statutes. Purchaser agrees to pay a 2. Owner agrees that th~s Easement restrtcus Du:]d:ng~ ?~antmg, or erecting structures w~tb. in the easement area. 3. Prior to Closing, O~ner shai] ob:ain r~)m the holders of an)' liens, exceptions and/or qualifications cncumbenng the Easement, :he execution of such instruments which will remove, release or subordinate such encumb~nces from the Easement upon their recording in the public records of Collier County, Florida. O~ner shall provide such instruments, properly executed· to Purchaser on or be:ore :he date of Closing. 4. Both Owner and Purchaser agree that time ~s of the essence in regard to the closing, and that therefore Closing shall occur within ~xLv (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that'Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and al! such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the P:operty. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner snail deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. DEC 1 7 2002 5.. Oxvner l's aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval b;' :he Board of County Commissioners of Collier County, Florida. 6. Owner represents that the property unde-ifnng the Easement, and all uses of the said property, have been and presently are in compl!~_ce with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement excels: as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spil or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the prop:th, underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c; any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spii! or transfer of hazardous substances on the property underlying the Easement. This provisioa shall survive Closing and is not deemed satisfied by conveyance of title. out ~f the bre~, ,,,~.,- q,-,-t,,-,,, n Th; ...... iN~X ..... ge .......... . ...... .... 8. The ?urchaser shail pa.,. for a',l costs cf recording the conveyance instrument in th Records of Co!lief Count,,,', F!onda. 9,:] ot.~.er costs associated with this transaction i~ but not Iirmted to transfer, documenta.'-, .md intangible taxes, and recording costs curative instruments shall be borne an.] ~a~d by Owner. Owner shall be respons paying an)' costs and/or fees associated ,-'ith secu,~ng and recording a Subordination, ( & Joinder of Easement of the mortg~e,sl recorded against the property undertv Easement from the mortgage:isl. The cost of a title commitment shall be paid by Pure 9. T?,is Agreement and the te,'Tns and proq,.sions hereof shall be effective as of the dz Agreement is executed by both parties tn~ shall inure to the benefit of and be bindint the parties hereto and their respective ,h_=irs. executors, personal representatives, successors, successor trustees, ancb'or assignees, wi'~er.ex er the context so requires or admits. 10. Conveyance of '~he Easement by Owner is contingent upon no other provisions, conditions, or prem:ses other than those so stated a5o~ e: and the written Agreement, including ali exhibits attached hereto, shal! ccmstxate the e::[i:-~ Agreement and understanding of the panms, and there are no other pricer 3r conte:t',po-~neo'.:s ,.[ntten or oral agreements, unc-2enakmgs. prom:scs, warrantleS, or coxenlmts not conlalned herein. i I If the Owner holds the propert.~ unde:'i.~i tg tn: Easement in the form of a pannership, limited partnership, corporation, trust or any fozm of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address oi' e~ery person having a beneficial interest in the property underlying the Easement befcre tee Easement held in such capacity is conveyed to Purchaser, its successors and assigns, i:f the zorporation is registered with the Federal Secur:ties Exchange Comrniss~on or reostered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the generai public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and cons rued in accordance with the laws of the State of Florida. AG~D,~ ITF-~L~ No. tk.~ [_~ ~/ DEC 1 7 2002 pg. ~' ~ IN ~rrNESS WHEREOF, the parties he.to have executed this Agreement on this __ da'y of 2002. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COl .1 JER COUNTY, FLORIDA BY: Deputy Clerk JAMES N. COLETTA, Chairman AS TO OWNER: KEITH KINKOR (Print or y,, Name: (._;%¢ (Pnnt or Tspe) DATED: DEBORAH KENKOR Name: (Pnnt or Type) Approved as to form and legal sufficiency: Assistant County Attorney AGEND .A~TEM .o. -7.., DEC 1 7 2002 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT AN ACCESS EASEMENT WITH JOAN M. KINKOR WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TH STREET SW. FISCAL IMPACT: $5,100.00. PROJECT NO. 69068 OBJECTIVE: Approve an Easement Agreement and accept an access easement from Joan M. Kinkor, thereby providing a necessary easement for access to and maintenance of, the Golden Gate Canal at the northeastern quadrant of the bridge constructed at 13th Street SW. CONSIDERATION: On June 12, 2001, the Board approved the Professional Design-Build Services Agreement with Kelly Brothers Inc. and American Consulting Engineers, PLC, for the construction of a bridge over the Golden Gate Main Canal at 13th Street SW in Golden Gate Estates. South Florida Water Management District--Big Cypress Basin (SFWMD-BCB) originally placed permit conditions within the Right of Way Occupancy Permit to clear and grade a maintenance path along the top of the bank and select clearing along both the north and south side slopes of the Golden ._. Gate Main Canal between 1 lth Street SW and 15th Street SW. As a result of concern expressed by property owners and after a meeting held with SFWMD-BCB, the permit will be modified to provide direct access to all four quadrants at the bridge site on 13th Street SW in order to clear debris that may collect at the bridge from time to time. Direct access to the bridge will require the acquisition of access easements from the owners of the properties located at the four comers of the bridge, with SFWMD-BCB named as a party to the access easement. Acceptance of said access easement will provide the County and SFWMD-BCB with one of the necessary easements required for maintaining the Golden Gate Canal at the bridge site on 13th Street SW. Approval of the Easement Agreement, attached as Exhibit 1, will provide the Board's authorization to staff to close on the purchase of said easement, owned by Joan M. Kinkor, and located at the northeast quadrant of the bridge constructed over the Golden Gate Canal at 13th Street SW. Staff has negotiated a settlement with the Joan M. Kinkor in the amount of $5,000.00 to compensate them for the access easement, damages resulting to the Owner's remaining lands, and for all other damages and expenses in connection with the conveyance of said easement including attorney fees.  ,xFISCAL IMPACT: $5,100. Funds for this access easement and associated closing costs will come from the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. DEC 1 7 2002 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement Agreement and authorize its chairman to execute same on behalf of the Board; and 2. Accept the easement conveyed thereby; and 3. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. /~.,~x~ ~ DATE: /~_c//'_~,~. SUBMI'I-I'E~ BY: -'-h~--z_ Kevin Hendricks, Right-of-V~ay Manager Transportation Engineering and Construction Management REVIEWED BY: '"" Ewing "Sl~ip~' McMichael, Project Manager Transport~t'ion Engineering and Construction Management REVIEWED BY: ~--',..-'~'- '; ..--~", ',..,_,v-- DATE: Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg Strakaluse, Director Transportation Engineering and Construction Management / APPROVED BY: '/ /; '):~' ?. ';~'~.-- DATE: Normar/Feder, AICP, Administrator Trans~ation Se~ices Division AGENDa. ITEI~. DEC 17 2002 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO ..........60012 PARCEL NO .............. FOLIO NO... TAX PARCEL NO ...........68 LEGAL DESCRIPTION (NOT A SURVEY) THE NORTH 80 FEET OF THE SOUTH 220 FEET OF THE EAST 25 FEET OF THE WEST 55 FEET, OF TRACT 68, GOLDEN GATE ESTATES, UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGES 99 & 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .DEC 172;" ~;::~GEORGE R. RICHMOND TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOU~ NAPLES, FLORIDA 34104 SHEET 1 OF I PROJECT: 13th Street SW FOLIO: Portion of 37014440001 EASEMI~'I' AGREEMENT THIS EASEMENT AGREEMENT ~hereinafler referred to as the "Agreement") is made and entered into on this __ day of , 2002, by and between JOAN M. KINKOR, a single person (hereinafter referred to as "Owner"), whose mailing address is 1201 12th Avenue North, Naples, Florida 34102, ~.-~d COLLIER COUNTY, a political subdivision of the State of Florida, its successors and axsigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for access and maintenance of the Golden Gate Canal ~'~r. under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement: and WHEREAS. O,~'ner desires to conxe,' the Easement to Purchaser and to the South Florida Water Management District-Big Cypress Easin ~.SFWMD-BCB), as joint Easement holders, for the stated purposes, on the terms and conditi>ns set forth herein: and WHEREAS, Purchaser has agreed to compensate O~vner for conveyance of the Easement: NO\V THEREFORE, in consideration of these premises, the sum of Ten and No"100 Dollars ($]0.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed b? and between the parties as follows: I. Owner shall convey the Easement to ?,~chaser and to South Florida \\"ater Management District-Big Cypress Basin for the s'.~n >f $5.000.00. payable by County Warrant (said transaction hereinafter referred to as the "C!osing"). Said pas~ent shall be frill compensation for the Easement conveyed, including all lanJscaping, trees, slu-ubs, improvements, drive~ay, and fixtures located thereon, and for artS. damages resulting to Owner's remaining lands, and for all off,er damages in connection v41h conveyance of said Easement to Purchaser and to South FIorida Water Management Dista'ict-Big C3press Basin. including all attorneys' fees. expert ~itness fees and costs as provide] for in Chapter 73, Florida Statutes. " Owner aerees that this Eas~.'mcnt resin,z3 ['uilfiiro planting, or erectin~ structures ,,~,ithin the easement area. 3. Prior to Closing Owner shall obtain :'rom the holders of any liens, exceptions andor qualifications encumbering the Easer:~nt. the execution of such instruments which xxill remo~ e. release or subordinate such enc_anbrances from the Easement upon their recording in the public records of Collier County Fiorida. Ox~'ner shall provide such instruments, properl3 executed, to Purchaser on or be2bre the date of Closing. 4. Both Owner and Purchaser agree that ti 'ne is of the essence in regard to the closing, and that therefore Closing shall occur within ;:xty (60} days from the date of execution of this Agreement by the Purchaser: provided. ~owever, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed. which either remove or release any md all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the l~roperty. At Closing, Purchaser shall deliver the County Warrant to Owner and O~mer shall deliver the conveyance instrument to Pmchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval b,y the Board of County Commissioners of Collier .... Count.',', Florida. 6. Owner represents that the property unci~lying the Easement, and ali uses of the said property, have been and presently are in compliz, nce with all Federal, State and Local environmental laws: that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement exce-X as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any ex:st:.ng or threatened environmental lien against the property underlying the Easement; or el any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. costs and expe~uding without i~. and att_°_r_n~?_,fees md ~ativ,e proceedin~ ~r .haser b.~reaso,n ~his pr. ovision shall / 8. The Purchaser shall pay for all costs c~' ~ecording the conveyauce instrument in tN Records of Collier County. Florida..All o~her costs associated with this transa:tion ir but not limited to transfer, documentac, and intangible taxes, and recording costs curative instruments shall be borne ard paid by Owner. Or, ruer shall be respons paying any. costs and/or fees associated wi:h securing and recording a Subordination. ~ & Joinder of Easement of the mortgagels) recorded against the properly underlymg me Easement from the mortgagee(s). The c:s: vfa title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties mi silall inure to the benefit of and be bindiog upon the parties hereto and their respective heirs, executors, personal representatives, successors. successor trustees, and/or assignees, whenever the context so requires or admits. 10. Corn evance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated ak'o~e; and the written Agreement. including all exhibits attached hereto, si:ali consti:ute the e:~drc :~grecment and understanding oi' the parties, and there are r~o other prior or conteml,or~c'ous written or oral agreements, undertakings. promises, wan'antics, or covenants uot .~5.ntained herein. I i. il' the Owner holds tile property underiy ng me Easement in the form ora partnership, limited partnership, corporation, trust or any form of representative capacity vd~atsoever for others. Owner shall make a written public dL, cl,)sure, according to Chapter 286, Florida Statutes. under oath, of the name and address of every person having a beneficial interest in tile property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. its successors and assigns. ~lf the corporation is registered with the Federal Securities Exchange Commission or r'.g.stered pursuant to Chapter 517. Florida Statutes. whose stock is for sale to the general panic, it is hereb)' exempt from the provisions of Chapter 286. Florida Statutes.) 12. This Agreement is governed and con--:r.~M in accordat~ce with the laws of the State of Florida. IN ~VITNESS WHEREOF the parties hereto have execuled this Agreement on this day of ~Z~lvL~a~ , 2002~ AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTy, FLORIDA BY: Deputy Clerk JAMES N. COLE~FA, Chairman AS TO OWNER: ? (Print or~ype) ' t gnat.e) . Nam e :_.l._L~.~ IPrint or F:,pe) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney DEC t'7 2002 EXECUTIVE SUMMARY APPROVE A SUPPLEMENTAL AGREEMENT FOR THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ADD MULTIPLE-YEAR FUNDING VERBIAGE AS REQUESTED BY THE FDOT AND TO MODIFY THE AGREEMENT TO PROVIDE A COMBINATION OF SIDEWALKS AND PAVED SHOULDERS AT NO ADDITIONAL EXPENSE TO THE COUNTY. OB,IECTIVE: To gain Board approval to add language to permit the Agreement to span more than one fiscal year as requested by FDOT and to modify the agreement to provide a combination of both sidewalks and paved shoulders. CONSIDERATIONS: The Board approved the original LAP Agreement on November 13, 2001. This agreement is similar to a FDOT Joint Participation Agreement in that the County is authorized to perform work that would otherwise be performed by FDOT and is then reimbursed for that work by the FDOT. A LAP Agreement signifies that Collier County has been certified by FDOT to implement an integrated and balanced transportation system. The certified agency may request reimbursement from the FDOT of funds expended for certain types of projects. The Countywide Paved Shoulders and Sidewalks Program qualifies under the provisions set forth in the LAP Agreement, which the DOT is authorized to enter into under Section 334.044, Florida Statutes. The FDOT requires that Collier County add language to the original agreement so that the agreement can extend for more than one fiscal year. Staff is also modifying the agreement to add separated sidewalks at various locations to enhance safety. FISCAL IMPACT: The funds were pre-approved. There is no fiscal impact with this executive summary. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the supplemental agreement for the Countywide Paved Shoulders and Sidewalks Project and authorizes the Chairman to execute the agreement on behalf of the Board. //an tion Operations Director ~ EdW 7,~~a ~..~ ~'' . APPROVED BY: 7E' verier' AICP' TranspOrtatiOn AdministratOr i DECI?- 02 525-010-32 CONSTRUCTION 02/01 Page 1 of 2 I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION [FIN NO. SUPPLEMENTAL NO. LOCAL AGENCY PROGRAM 404360-1 SUPPLEMENTAL CONTRACT NO, 001 AGREEMENT J AL 310 The County of Collier desires to supplement the original agreement entered into and executed on 1/9/2002 All provisions in the original agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: PROJECT DESCRIPTION Name Countywide Paved Shoulders Length 12,900 feet Termini Carolina Avenue, Estey Avenue ad Shadowlawn Drive Description of Work: Project consists of design, construction and inspection for providing four (4) foot shoulders on each side of the roadway for Estey Avenue, Shadowlawn Drive and Carolina Avenue. Reason for Supplement: See Attachment Page 1. FUNDING TYPE OF WORK (1 ) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL FEDERAL PROJECT FUNDS a. Agency Work $72,445.00 b. Other .- c. Depadment Se~ices d. Total PE Cost Estimate $72,445.00 (a + b + c) $72,445.00 Right-of-Way e. Agen~ Wo~ f. Other g. Depa~ment Se~ices h. Total ~ Estimate I (e + f + g) Construction i. Contract $569,035.00 $569,035.00 j. Other k. Other I. Other m. Total Contract Costs $569,035.00 (i + j + k + I) $569,035.00 Const~ction Engineering n. Agen~ o. O~er p. Depa~ment Fer~s q. Total Engineering (n+o+p) r. Total Const~ction Cost $569,035.00 $569,035.00 Estimate (m + q) OF THE $641,480.00 PROJECT (d + h + r) ; DEC 1 7 525-010-32 CONSTRUCTION 02/01 Page 2 of 2 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: le Collier County BoCC Chairman or designee Title Director of Production Attest: Title Clerk Attest: Title Executive Secretary Date: Date: As to form: As to form: See attached Encumbrance Form for date of fundin§ ~,pprov~l hy ¢,nmptroller ~ A(~I~D~31TE~ DEC 17 2002 Pg'- ~ --, 1i/12/20~2 89:25 941-534-7172 FLORIDA DOT-t~ARTOW PAGE 82/83 Entomb,anco To: Debra M StalIingslDI/FDOT~IFDOT .. Admlni~tratar cc: -- Sent by: Elizabeth Subject: Re: ENCUMBA~ Wellington 12/12/01 04;09 PM Debra M Stallings Del~ra M Staangs To: Encumbrance Admini~ratorlCO/FDOT~FDOT Subject; ENCUMBA STATE OF FLORIDA D~PART~E~T OF TRAMSEORTATION ~4 350-020-01 ~NCL~BRANCE INPUT FO~ C~TROL~R-FIN ~MIN 3/99 RUSH (Ne=d~d by / /__ (date)) Rea=ch for R~S~ : __ Adv~rtime -- (Le~tin~ Date) __ Te~nation/C~rt of comp Award LOA __ Supplemental __ Renewal correction Contra=t 9 ~310 Contract T~ ~ Method of Procurement V~ndor N~e Collier Co~ V~ndor ID ~5~60~0558~31 Has Writ~n/Vqrba! ~prc-~al from a Participating Federal been received Y~s ~o N/A F~d A~t ~t ~72,44~.00 5~at~ F~ds Local B~gl~lng date of this A~t: 12/13/20Cl(Must he afte~ =~d approval} Execution date c~ thi~ A~t: / / (0nly ~n =~i~inal Hay= =tandard financial provi3icn= bccn altered by c~ntract Ye~ X No If so, show Kev!sion date: Does this agreement and/or change order include provi~iun~ for rei~ursement tc D.O.T. from othar entitles? Yes X No Brief Description of Work/co~ent=: L~=al A~n~ Progr~ ORG-CODE *EO * OBJECT * ~XCUNT ~FIN PROJ or JOB % *FCT (FiSC~ Y~) (~ND) alpha 55013030147 ~D * 1315Z1 * $72,445.00 * 404960-1-38-01 *Z15 (01/02) 55 013030147 *PD * 79a09z *~569,o35.00 * 40{360-1-58-Ol '215 (01/0Z) (SSi ~i= portion of ~ e~r~ce is fur review only of t~e =~ns~eti=n ~llars. TOT~ ~O~ * $TZ,44S.O0 * originator:_Debra Stallings DATE SZ~:12/II/Ol ~H/SC: 557-2433 ~-m~ll usERID[3}debra.=ta11~g~dot.~tatm.fl.um PL130DS-- -- TO BE COMPLETED BY OFFICE OF CO~TROLLER A~EN~ ~T~ DEC 7 2002 1i/12/2082 89:25 9dl-534-7172 ~-LORIDA DOT-BARTOW PAGE 83/83 BtrD~ET ~NTITY 55100100 CATEGORy 08BB49-02 WORK PROGRAM V~RIFICATION OK ALLOTD~NT YF~ DATE C~C~D CI _ D~W/04 £S LINE 0001 P~-~-3B FUNDS A~PPRO'vq~D FY JO~-~PHIN~ JONES PD~ ~B F~'DrDS P~VI~W~D BY JOSEPDLINE JONES FOR ROBIN M. Ni~kITOg,'E, CPA, ACTING COMPTROLLER ISATE: lZ/lZ/ZO01 AGENDA No. 7 DEC 1 7 2002 Pg. ~ . Florida Department of Transportation JEB BUSH 801 N. Broadway THOMAS F. BARRy, JR. GOVERNOR Barrow, Florida 33830 SECRETARY October 1, 2002 Mr. Daniel G. Hall, P.E. Engineer Collier County 2705 South Horseshoe Drive Naples, Florida 34104 RE: Local Agency Program (LAP) Agreement Time Extension FPN: 404360-1 Contract#: AL 310 Dear Mr. Hall: In reference to your request of July 16, 2002, and a recommendation from the District LAP Coordinator, the expiration date of the referenced LAP Agreement is hereby extended to June 28, 2003. This action will allow sufficient time for the completion of the project. It is expected that no further extensions will be necessary. This cxtcnsion is approved in accmdanc~ wiLh the provisions stated in Section ~2.02 of the LAP Agreement and is a record for the project file. Please sign, retain a copy for your file, and return this to: Michelle S. Peronto, LAP Coordinator 801 North Broadway Avenue Bartow, Florida 33830 By copy of this letter. I am asking our Fiscal Office to reflect the extension in the FLAIR System. Sincerely, Acknowledged: Mike ~illiams,~'-lL-.~. Daniel G. Hall, P.E. Direct~or of Production Engineer cc: Kasmin Williams, MS 1-68 file District One, District Contracts Office 801 North Broadway Avenue*Post Office 1249' Barrow, Florida 33831-1, q-5~ AGEND~ (863) 519-2791'(863) 519-1909 (fax)*MS 1-18 ~o.~ www.dot.state.fl.us DEC 1 7 2002 525-010-32 ATTACHMENT PAGE 1 Reason for Supplement: This Supplement is necessary to add multiple year funding verbiage to Exhibit B. Currently only $72,445.00 is available for Preliminary Engineering activities (phase 38). A written notice (Not/ce To Proceed) will be issued to the Agency when additional funds become available. Funds are contingent upon Legislative approval. Aisc, the project name and description are changing. The project name will be Countywide Paved Shoulders and Sidewalks. The project description will consist of design, construction and inspection for providing four (4) foot shoulders along Carolina Avenue, a combination of sidewalks and paved shoulders along Shadowlawn Drive to include incidental drainage necessary for pedestrian safety and sidewalks on both sides of Estey Avenue from Steeves Avenue to Jeffrey Place. No. ! J:3 I DEC 1 7 2002 Pg' 7 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF EIGHT (8) DIESEL POWERED RIDING MOWERS FOR THE ROAD MAIINTENANCE DEPARTMENT FROM STATE CONTACT 3515- 630-00-1 IN THE AMOUNT OF $107,875.44. OBJECTIVE: To purchase equipment to improve and maintain urban mowing throughout the tights-of-way within Collier County. CONSIDERATIONS: The Road Maintenance Department is responsible for mowing the medians and shoulders along County, roadways. These mowers are needed to replace existing mowers within the Road Maintenance Department. The purchase of the eight (8) tiding mowers has been budgeted. The eight (8) riding mowers and accessories can be purchased on State Contract # 515-630-00-1, in accordance with FDOT specifications ~_ISCAL IMPAC.__~T: Funds for the purchase of the eight (8) riding mowers are ~,~' ~ ~n the Transportation Services Fund/Road Maintenance, and are available in the amount of $107,875.44. Source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award the purchase of eight (8) diesel powered riding mowers to Capri Lawn Equipment Center pursuant to State Contract #515-630-00-1. PREPARED BY' Date: Road Maintenance Superintendent St~epheVn Y. Cffrnell, Purchasing/GS Director BY: Mike A./E~tlam'al~i, P.E., Road Mainten~nce Director Nonh~ Feder, Transportation Adminismtor Transportation Maintenance (Cont.) Road & Bridge Fund (101) FY 00/01 FY 01/02 FY 01/02 FY 02/03 FY 02/03 FY 02/03 % Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp/Rev Budget Exp/Rev Service Service Budget Change Personal Services 3,822,030 5 049.300 4,538,500 4,930,100 320,400 5,250,500 4.0% Operating Expenses 1.343,055 1,442,100 1,174,500 1,028,900 20,500 1,049,400 -27.2% Capital Outlay 605,339 642,000 587.900 282,700 216,000 498,700 -22.3% Total Appropriations 5.770,424 7,133,400 6,300,900 6,241,700 556,900 6,798,600 -4.7% Revenues 70.958 69,800 69):00 0 0 0 -100.0% Transfers 0 0 0 0 0 0 N/A Net Cost 5,699,466 '~,063,600 6,231,100 6,241,700 556,900 6,798,600 -3.8% Permanent Positions 103 116 109 109 9 118 1.7% Forecast FY 01/02 - Personal services reflects a decrease due to the transfer of 1 position to Division Administration and the elimination of the five member expanded drainage crew due to the budget reductions enacted in FY 02. Current FY 02/03 - Operating expenses include a $356,800 reduction due to the final equipment lease/purchase payment being made in FY 02 and the re-allocation of allocated insurance ($47,300) to Division Administration. Capital outlay of $282,700 includes the following replacement equipment: · Water Truck $85,000 · Vibratory Roller $80,000 ...... $24,000 · Office Equipment $3,700 Total $282,700 Expanded FY 02/03 - Requesting S556,900 for additional personnel and equipment, which is needed to remain current with groxvth and maintain the level of service standard. Drainage Upgrade Crew {total cost $158,600): Requesting five (2) positions to form a Drainage Crew. Positions include, one (1) Equipment Operator, and one (1) Maintenance Worker. Personal services are $65,000. Related operating expenses are $5,000. Capital outlay includes, one (1) 15-yard dump truck ($85,000), and two (2) mobile radios {$3,600). Quick Response Crew (total cost $217,400): Requesting five (5) positions to form an additional Quick Response Crew. Positions include one (1) Crew Leader, and four (4) Maintenance Workers. Personal services are $159,900. Related operating expenses are $9,600. Capital outlay includes one (1) pick-up truck ($33,000), one (1) trailer ($5,000), one (1) mobile radio ($1,800), and concrete equipment ($8,100). Survey Crew {total cost $158,900): Requesting two (2) positions to form a Survey Crew. Positions include one (1) Land Surveyor, and one (1) Engineer Technician. Personal services are $95,500. Related operating expenses are $5,900. Capital outlay includes one (1) pick-up track ($21,000), data processing equipment ($8,500), survey equipment ($25,000), one (1) mobile radio and two (2) walkie talkies ($3,000). Dump truck mounted box spreader (total cost $22,000) to facilitate distribution of limerock. DeL; !2 2002 EXECUTIVE SUMMARY BOARD APPROVAL TO UTILIZE INSURANCE PROCEEDS, TRANSIT ENHANCEMENT FUNDS AND FEDERAL TRANSIT ADMINISTRATION FUNDING TO PURCHASE THREE NEW TRANSIT BUSES AND REJECT AWARD OF BID #02-3428 OBJECTIVE: To acquire Board approval to purchase three new transit buses utilizing Transit Enhancement Funds, Federal Transit Administration (FTA) funds, and insurance reimbursement from a bus collision; and Board approval to reject award of Bid #02-3428 for purchase of two used transit buses. CONSIDERATION: Federal Transit Administration and Transit Enhancement funds are available for funding new bus purchases for the Collier Area Transit program. Additionally, Collier County received an insurance reimbursement check in the amount of $91,853.34 that is also available for bus purchases. The Collier Area Transit system's current service level requires a total of nine .._.. buses. This represents seven buses for existing routes and two spare buses. The current vehicle inventory consists of six (6) 2001 Bluebird buses and a van. Two used buses were purchased through Bid #02-3428 from Coach Crafters, Inc.; however, after delivery, the buses were discovered to discharge unacceptable black exhaust smoke on acceleration. No vehicle modification would efficiently correct this problem. The vendor has agreed to accept the buses back with Collier County paying shipping costs of $5000. Staff requests approval to purchase, through FDOT State Contract FVPP-02-MD, three new Champion 24-passenger transit buses from Transit Plus, Inc., Atlantic Beach, FL. Total costs of the three buses is approximately $410,300, with the cost of each individual bus varying slightly due to required accessories. One bus would be purchased with insurance revenues and available Transit Enhancement funds. The remaining two buses would be purchased from Federal Transit Administration (FTA) funds allocated to Collier County on a reimbursable basis. Pric9s include installation of radios and trolley decal wrap by Start Miffs/Trolley Illusions. The trolley wrap replicates that of current buses and is copyrighted by Stan Miffs. .~.~ FISCAL IMPACT: Of the approximately $410,300 total expenditures for three new buses, $91,900 will come from insurance revenues, $43,100 from Transit Enhancement funds, and $275,300 from Federal Transit Administration (FTA) funds. The latter will be initially funded from Fund 126 and then rein Durs~Ei~A,R. EM DEC 1 7 2002 Pg FTA funds. Transportation costs of $5000 for the two returned used buses will come from Fund 126-138333. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve purchase of three new transit buses on FDOT State Contract SVPP-02-MD from insurance proceeds, Transit Enhancement Funds and Fund 126; with Fund 126 being reimbursed by Federal Transit Administration (FTA) funds. Further, that the Board approve Stan Miffs/Trolley Illusions as sole source for the trolley decal wraps due to copyright. Additionally, that the Board reject award of Bid #02-3428 for two used buses and approve payment from Fund 126 of $5000 in transportation costs for return of the buses. Prepared by: //~.~/"/~. ~ "-?~-~ Date:/2',//¢'D/,~'..... ¢'~...~own, Public Trapspo~ation Planner Reviewed by: ~' ~"~ ." ~¢~ Date: D~n~el' Croft, Fle'etM~gement Director Reviewed by: ~..,~.~ /'~ ;~,_ ~"~. ~ ,~"C Date: Ste~ Y~ Carnell, Purchas~g Director Reviewed by: '~ '~"X Date: Diane B. F~gg,~lternative Transpodation Modes Director' Approved by: '~" Date: Nor~a~E. Feder, Transpodation Se~ices Administrator / / DEC 1 ? 2002 Pg. ,~ ,.,EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5311 (OPERATING ASSISTANCE) FUNDS. OBJECTIVE: To approve the attached JPA for financial assistance (FDOT Financial Number 20472218401) and Resolution authorizing the Chairman to enter into the JPA with the Florida Department of Transportation, unless specifically rescinded. CONSIDERATION: On February 12, 2002, the Board of County Commissioners approved a Federal Transit Administration (FTA), Section 5311 grant application for funding, operating and administrative expenses associated with the provision of public transportation service in rural areas of Collier County. FISCAL IMPACT: This is a reimbursement grant that has been budgeted in Fund 126 and the county will bill on a monthly basis as expenses are incurred. This grant request of $124,000 of which $112,200 is available. A budget amendment is needed to transfer $11,800 from the General Fund Match and appropriate in the project. The $124,000 will require a 50% "Soft" match. Soft match funds are not additional cash. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of County Commissioners approve a Resolution authorizing the execution of the Agreement; approve necessary budget amendments and authorize the Chairman to enter into the JPA with the Florida Department of Transportation, unless specifically rescinded. ~ Br~wn, Public Transportation Planner ' Reviewed by: V~ Date- 12/03/02 DianeI ~ ~la~g, Alternative Transportation Modes DirectOr Approved Y:No,~an E. Fader, Transportation Services Administrator~ ,,-.. Date: 12/03/02 ~ ~,,G£~',.~; ~, iTEM DEC 1 7 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5311 (OPERATING ASSISTANCE) FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Section 5311 Funding, Item-Segment-Phase-Sequence (Financial Management Number) 20472218401 is approved. 2. That the Chairman is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SANfE. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By:. By: - Dwight E. Brock, Clerk James N. Coletta, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6~_~. Jennifer Belpedio, Assistant County Attorney A~i~NI~ iTEM.,, DEC 17 2002 Pg. ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 7;'5*030-06 PUBLICTRANSPORTATION PUBLIC TRANSP ADMIN- 07/02 JOINT PARTICIPATION AGREEMENT "~;o ~o~ Financial Project No.: Fund: 010 FLAIR A-----'----~prop.: 088774 20472218401 ~nt-phase-sequence) Function: 680 FLAIR Obj.: 790004 Contract No.: AM357 Federal No.: FL-18-X021 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of Federal Domestic Assistance Number: 20.509 Catalog of State Financial Assistance Number: N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of F orida hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F., Naples, Florida 34112 hereinafter referred to as Agency. WITNESSETH. WHEREAS, the Agency has the authority to enter into said" ~,.,~ment and to undertake the project hereinafter described, and the Department has been granted the author :'~. t~ fur'ctio,n adequately in all areas of appropriate jurisdiction including the implementation of an integrated and ~.ala.~.ced transpo,lation system and is authorized under 341.051(1)(a) Florida Statutes, to enter into this Agreement. - .... , NOW, THEREFORE, in consideration of the mutual covenants .... ~ = , .~, ~,,,,s~s and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreeme-: 5 to provide for the Department's participation, using pass-through funds from the Federal Transit Administration's Section 5311 Program in the Agency's operating, administrative, and 2= ~ ' mana.,_r,al expenses associated with the provision of public transportation services in Collier County as identified in the Acency's annual grant application on file with the Department, ' and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the 15roJect, an-8-~ep--p-Z~mental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. DEC 17 2002 FORM 72,%035-06 PUBLIC TRANSP ADMIN - 07/02 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any o.f the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit B . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, ~- in the project in the amount of $ See Exhibit B as detailed in Exhibit "B", or in an amount equal to the Celcentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.t0 Project Cost Eligibility: Projec[ costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs [s subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated ~n paragraph 17.00 of this Agreement; (c) Approval of all plans, spec f cations, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ~) is ~ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs uplo an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (~ is (~) is not applicable. If applicable, NIA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. A(3END~ ITE% DEC 1 7 2002 Pg. FORM 725-030-06 PUBLIC TP-.ANSP ADMIN - 07/02 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year'the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project in conformity with requirements established by De'~a~m,,nt's program guidelines/procedures and 'Pr'nciples for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein col/ectiYely as the "project account". Documentation of the proiect account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of tile amounts insured under federal plans, or under State plans which have been approved for tho deposit of project fun~s by the Dep~rtment, by thc deposit or setting ~sidc of collateral of the types and in the manner as proccribod by ~Jtoto Low for thc ocourit~,' of public fu~da. ~r ~:3 ~pprovcd by th~ D~pa~-b',',~-,t. 7.30 Costs incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered e!igible costs. 7.40 Documentation of Project Costs: All costs charaed to the pro. ect, including any approved services contributed by the Agency or others, shall be supported by prop~erly executed payrolls, time records, invo ces contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. ' 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7,60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working pc following requirements do not limit the authority of the De artment to con audits or eva ua i ~.,.,,^ ~. ............ P . duct or a rra ng e for the ¢ ~r~(C~;rc~,~~, !~i~ t OhS of o,,=,= .~auu~a~ assistance or I~m~t the authority of any state agency inspe¢ General, or any other state official. DEC 1 ? 2002 FORM 725-030-O6 PUBLIC TRANSP ADMIN - 07/02 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, ~w~rd mlmb, er and year, and name of the awarding State agency. If the Agency expends Icss than $300,000, this audit ia nnt r=q,fired and If the Agency elects to have an audit conduotod in aooordancc with thc proviaian3 cf Ccctic, n 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules'of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. DEC 1 7 2802 FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/02 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification thai the Agency has and will maintain th'e ability to repair or replace any project equipment or facilities in the event of loss Or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Barto , FL, 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the proiect account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8,11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a state, merit by thc. Agency nartifyin9 thai' thru appmi~ml and acquisition of the real property Ir~u~lt,~r wilt, ~r~y ~411~r:r!~rlf rprmr'~finn n~ nrr,,p;~nt~ ~^/~ ;~ccomplt~hed In compll~nc~ with federal laws, rules and procedures required by any federal overs!ght agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default,,under any of the provisions of the Agreement. AGENDA ITEM 8.26 Federal Participation (If Applicable): Any federal agency providing federal ina~c,J ~[.~,~c~ the project suspends or terminates federal financial assistance to the project. In the even~ of termination of federal financial assistance, the Agency will reimburse the Department for disall~/~d ~:dst{'. FORM 725-O30-06 PUBLIC TRANSP ADMIN - 07/02 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and arly advance payn-,~nt pr~,iuu~ly ~u,_'.uived as is de[ermined by the Department to be due under the provisions of the Au~uu~u~[. Tl~e [e~mlna[lun or suspension shall be carrlea ou[ In conTormlty w~tn tne ia:est schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department resen,'es the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by'the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department ~,~ '~'"~'~'n 'unds, including consultant, construction or purchase of commodities contracts or amendments the eto, party with respect to the project without the written approval of the Department. Failure to obtain su :h sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Departmen spec' y employment of the same. FORM 725-03O-06 PUBLIC TRANSP ADMIN - 07/02 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Pa~ 25, as a~ended, to ensure that the Disadvantaged Business Enterprises have the maximum oppo~unity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with "~ t, ,v carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because .:,f race. age, creed, color, sex or national origin. Th~. Ag~nc.y will take affirmative action to ensure that applicants are em:.;:'z.,ed, and that employees are treated durin.q employment, without regard to their race, age, creed, color, sex, or f~tior~i o~i~irl. Such 3c[ioF, shall include, but not bo limited to, the following: Employment upgrading, demotion, or transfer; re:ruitment or recruitment advert sing; layoff or term nation' rates of pay or other forms of compensation' and selection ' ~ '~ ' ' ~ ' , to: ,an no including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particu!ar contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar prov~s',3n in ail subcontracts, except subcontracts for standard commercial supplies or raw ~,,~ .... When the ~,~,,;~,-~ ~ .... , .... ' ..... .......... .~. ,,, ~ ~,, ~ u~ ,..o, ,s~ ,,c,,.,n aemoll'~lon, removal, site improvement, or similar work, the Agency shall post, in conspicuous p,~ac~s available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vl ll of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA ,~ seq.), the regulations of the federal government issued thereunder, and the assurance by the Agen( DEC 1 7 2002 FORM 7;'5-030-06 PUBLIC TRANSP ADMIN - 07/0;' Page 8 of 1;' 13,50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the proiect or any property included or planned to be included in the proiect, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the proiect will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss i~curr~d in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obqgated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or pmjudi~-,.~ ,~ any ,riah*,_ , or remedy available to the Dv.~aAme,,,, with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law, 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. AGE-.,ND~, !TEk{ .~ DEC, 1 7 2002 FORM 725-03O-O6 PUBLIC TRANSP ADMIN. 07/02 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment wJJl be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by Jaw, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, om ssion or neg!igent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or em~loyees during the Pe,fformance of the Agreement. When the Department receives a notice of cla!m for damages that may have been caused by the Agency in the Performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14.) working days and will jointly discuss options in d~fe .... n~ the claim. After reviewing the claim, the Department will determine whether to require the participation of the A~encv in the defense ~f the. claim or tn req~ire that fha, Agenc. y dcfcnd the Department in such claim as described in this s~ction. The Department's failure to pro~np[ly r~utiry the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its ov,,n expenses for the evaluation, settlement negotiations and trial if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. ' ' 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment ,.-,r the constructing and , ~ ,-,~ ,-, -' equ,p,,,n~ of facilities, the Agency shail submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: ThL Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in'the Agency and that the project is accepted by the Agency as suitable for the intended purpose. A~DA ITEM~ No._ [ DEC 1 ? 2OO2 FORM 725-030-06 PUBLIC TR. ANSP ADMIN - 07/02 Page 10of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The ~3epartment, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount, in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before March 31, 2008 If the Agency does not complete the project within this time period, this Agreement ~1 expire unless an extension or. he time period is requested by the Agency and granted in writing by the District Secretary or his/her designee Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. '19.00 Agree,nent Format: All words used herein in the singular form shall extend to and ~nclude the plural All wurds used Irt [he plural form Shah extend [o and include tr~e s~ngular, t\11 words used ~n any get,der .~h~ll ~×f~.nd to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an of'ricer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for al~ ~' '~' ...... ~. 3, .., tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreeme~ts)a/~l~t~i[~-!TEl~l ..) '~ subrecipients shall certify and disclose accordingly. ! No. ~1,¢..~1~1~1~1~1~1~1~1~1~ ~--~" DEC 17 2002 FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/02 Page 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or rcpair of a public buildinq or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or ccnsultant under a contract with any public entity, and may not transact business with any public entity. No. DEC 17 2002 Pg. h FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/02 Page 12 of 12 Financial Project No. 20472218401 Contract No. AM357 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller SIGNATORY'(PRINTED OR TYPED) LEGAL REV;EW -- DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Production TITLE TITLE A G ~t.N.D~ ITEM. DEC 1 7 2002 RECYCLED PAPER Collier County: FTA Section 5311 Financial Project Number: 204722-1-84-01 Contract Number: AM 357 EXHIBIT "A" PROJECT DESCRIPTION 32~'D RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, Florida 34117 dated PROJECT LOCATION: Non-urbanized areas of Collier County, Florida. PROJECT DESCRIPTION: This Agreement provides for the Department's participation, using pass-through funds from the' Federal Transit Administration's Section 5311 Program, in the Agency's operating, administrative, and managerial expenses associated with the provision of public transportation services in the non-urbanized areas of Collier County, as identified in the Agency's annual grant application on file with the Department. SPECIAL CONSIDERATIONS BY AGENCY: Tho audit report(a) required in paragraph 7.60 of thc ,',grccn-~cr, t shall include a ,cl;cdulc of pre,jeer assistance that will reflect the Department's fiscal ,,'ear of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where a??ii.::~5Ie and the amount of state funding action (receipt and disbursement of funds) and any feder?J ,~r !o?al funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the agreement. If applicable, the eligible project period identified in the Project Description shown above, may be extended by letter from the Department upon a written request from the Agency. AG~ND~ITEMi DEC 1 7 2002 Pg. Collier County: FTA Section 5311 Financial Project Number: 204722-1-84-01 Contract Number: AM 357 EXHIBIT "B" PROJECT BUDGET (For Transit Multi-Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, Florida 34112 dated PROJECT ESTIMATED AND PROGRAMMED BUDGET: The Department has programmed the funding amounts shown below' in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit ':C". This funding w'ill be made available, annually, in the following manner. After all program requirements have been met, the Department will encumber ftmds/hr that fiscal year and will advise the agency in writin~ of the amount offimdin£ available And the heginninE clnte when eliEih]~ prc~jpct onqt mn), ¼-- inc'~lrrp,d r~'tli~ notification must be signed by the agency and returned to the l)eparlment. FY 2002/03 Local Funding (LF) ( 50 %) $124,000.00 Federal-Pass Through Funding (DU) ( 50 %) $124.000.00 State Funding (DS/DDR) ( N/A %) $ N/A TOTAL AMOUNT $ 248.000.00 It is the intent of the Department to participate in the project to the level of funding encumbered not to exceed 50% of the eligible and allowable non-federal share or which ever is less. DEC 1 7 2002 Collier County: FTA Section 5311 Financial Project Number: 204722-1-84-01 Contract Number: AM 357 EXHIBIT "C" (5311 Multi-Year Operating) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiami Trail, Buildin~ F, Naples, Florida 34112 dated Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include thc appropriate itcm~ nacc~ary to verify costs incurred and the eligibility of said COS[S. ~ 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and ret-urn the invoice for corrections. Safety Requirements Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. ACaE, N D.,~ rTE.,. 1 of 3 DEC 17 2002 Collier County: FTA Section 5311 Financial Project Number: 204722-1-84-01 Contract Number: AM 357 Third Party Contracts Pursuant to Paragraph 12.00 of the Joint Participation Agreement, the Department must give prior written approval for all third party contracts. However, the Department hereby grants approval for the contracts described below: 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. 2. Other contracts less than $25,000.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. 3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent (25 %) change in total dollar amounts from one year to the next. 4. Purchas,~ of service contracts where the Agency will provide transportation service for a fee Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY Procurement Requests Agency Safety Compliance Agency Specifications Agency Invoices Agency Audit Reports Agency Annually During Life of Project AGENDA ITE, I~ 2 of 3 DEC 1 ? 2002 Collier County: FTA Section 5311 Financial Project Number: 204722-1-84-01 Contract Number: AM 357 FEDERAL SECTION 5311 PROGRAM Program Requirements This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient (the Agency) shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR parts 40 and 655. The Section 5311 subrecipient (the Agency) shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient~,~,.t'th~ Agency) shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in nonurbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (EXHIBIT B). Formula Information This program is authorized under 49 U.S.C. subsection 5311 and USDOT, Federal Transit Administration Circular FTA C 9040.1E, Nonurbanized Area Formula £rogram Guidance and Grant Application instructions, dated October 1, 1998, as amended. Said circular, Chapter Ii, Section 3, outlines the formula for federal apportionments under this program. Section 5311 funds are apportioned to the states by a statutory formula based on the ratio of nonurbanized population of each state to the nonurbanized population of all the states, according to the latest available U.S. census data. The Department's Central Transit Office, and District offices, further sub-allocate the state's federal apportionment of Section 5311 funds to eligible sub-recipients using the same nonurbanized population formula as the Federal Transit Administration, which is outlined in FDOT Procedure No. 725-030-004, Section 5311 Program. Page 3 of 3 AGENDA.ITEM-.. No. DEC 17 2002 CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the Agreement. (1) Original Signature must appear on three (3) copies of the Agreements. (2) Please be sure authorized parties type titles and names on all copies for clarity. (3) Please provide two resolutions from the Agency authorizing signing of the Agreement. Resolutions must specifically identify, by name or title, person(s) authorized to sign Agreements. Resolutions must bear original signature with seal. A sample Resolution is attached for your consideration and use. (4) Please do not fill in any dates on the Agreements. (5) Please return three (3) signed copies of the Agreement for further processing to the District Public Transportation Office at the address below: Florida Department of Transportation District One Public Transportation Office P. O. Box 1249 Bartow, Florida 33830 A copy will be furnished to your Agency a~er the Agreement is executed by the Department. (3) Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. DEC 1 ? 2002 EXECUTIVE SUMMARY APPROVE RELOCATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY RELATED TO SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, IN THE AMOUNT OF $6,116, PROJECT 73949. OBJECTIVE: To provide safe working conditions for the construction and operation of the chlorine contact chambers associated with the South County Water Reclamation Facility Expansion Project. CONSIDERATIONS: On October 9, 2001, the Board of County Commissioners approved Amendment 1 to the Construction Manager-at-Risk Contract 00-3171, with Montgomery Watson Americas, Inc. (MW) for construction management-at-risk services. Amendment 1 established the Guaranteed Maximum Price (GMP). The existing Florida Power and Light Company (FPL) overhead conductor is located in an area over the proposed chlorine contact chamber. FPL will relocate the conductor and install a new power pole. The FPL cost to perform this work is $6,116 (see attached Relocation Agreement & invoice). FISCAL IMPACT: Funds are available for this project in County Wastewater Capital Projects (413), which is funded by impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 11, 2001, under Agenda Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve and authorize the chairman to execute the relocation agreement with FPL. Alicia Abbott, E.I., Publi? Utilities Engineering Project Manager Stephen Y. Camell, FurchasingVDirector "' REVIEWED BY: ,' ~ DATE: ,' z - c 4 -, 2.- REVIEjoW~se'~ BBy:R°Y PB' Anderson. Che~Itharm~P'E"Director,Direct°r/(~ W~qgwat er~ Public Utilitie~DepartmentEngineering DepartmemDATE: 12-2.02 y, P.E., Public Ut'flities Administrator DEC 1 7 2002 FP&L LUMP SUM RELOCATION OF UTILITIES AGREEMENT Applicant ("Collier County") understands that this cost ($6,116) payable from applicant to FPL is valid for 180 days from the date of this agreement and is based on the Applicant's dated plans. Applicant also agrees that this Lump Sum cost may be changed if FPL is required to incur additional costs that would not have been incurred but for either error(s) in Applicant's plans or change(s) in the scope of work in those plans, or both. This agreement may be terminated at any time upon written agreement between applicant and FPL. Applicant agrees to pay for FPL in advance the full Lump Sum amount of six thousand one hundred sixteen dollars ($6,116) for relocation of the subject utility facilities. This Lump Sum amount is non-refundable, provided, however, if this agreement is terminated or indefinitely suspended, the Applicant shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL shall refund the balance. Applicant acknowledges FPL asserts that that high voltage electric lines will exist in the area of Applicant's project and Applicant agrees to warn all of its employees, agents, contractors and invitees, new and experienced alike, if any, who might be in the at risk geographic area (specific site of this relocation of utility facilities) during the subject relocation, of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when working under or near FPL's facilities. Applicant acknowledges and agrees that it has read and will comply with the "Notification of FPL Facilities" copy of which is attached hereto. Further, Applicant agrees that it will endeavor that no such individual shall be within the at risk geographic area at any time that FPL is performing the relocation of these facilities. It is anticipated that this relocation will be fully performed in less than five or six consecutive hours. Limit~tion~ of Liability Neither party shall be liable in contract, in tort (including negligence), or otherwise to the other party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or under utilization of the party's performance, nonperformance, or delay in performance of its obligations under this Agreement. Indemnific~tion Subject to the limitations set forth in Section 768.28, Florida Statutes, applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities whatsoever, occasioned wholly or in part by applicant, its contractors, subcontractors or employees, including attorney fees, for injury to or death of persons(s) and property damage arising or resulting in connection with any activity associated with work or service under this agreement. Collier County agrees to make no claim against FPL for any property damage that might occur to County property at the site of the relocation as a result of the subject relocation unless si'ch damage is caused by the sole negligence of FPL. [Q,sur.,lz~ Applicant shall not utilize its own personnel in the construction or maintenance work around the subject facilities during the subject relocation by FPL. In any event, applicant's has comprehensive general liability insurance coverage and such liability coverage shall be primary to any liability coverage maintained by or on behalf of FPL up to $1,000,000 of liability. In the event that Applicant's coverage is on a "claims made" basis, the retroactive date of the policy shall be the effective date of this or such other date as to protect the interest of FPL coverage shall survive the termination of this agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort (currently, five years). If such coverage is an "occurrence" basis, such insurance shall be maintained by the applicant during the entire term of this agreement. The policy shall not be canceled or materially altered without at written notice to FPL. / DEC 1 7 OOZ Contr~r'-tor Insurance ~nd Notice_ Applicant's contractor (with regard to the subject relocation site) has general liability insurance with policy limits of at least $1,000,000.00. In the even the contractor is insured for liability with limits in excess of these amounts, contractor's said obligation shall extend up to but shall not exceed $1,000.000.00. Applicant's contractor has agreed to add FPL as an "additional insured" under that insurance coverage (to cover the subject relocation at the subject site). Prior to the commencement of the relocation of FPL facilities by FPL, applicant shall provide to FPL employee, Joe White, notice of the name and address of this contractor and a copy of the document that adds FPL as an "additional insured" under said insurance coverage. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By:. Deputy Clerk By: JAMES N. COLETTA, Chairman Approved at to form and legal sufficiency:~ Thomas C. Palmer, Assistant County Attorney Florid~ Power ~nd Li_oht By: Title: Date: Attachment: "Notification of FPL Facilities" AGENDA ITEm .o. I1o,',. ! DEC 1 7 2002 Payment Coupon /610101200003479050000525741006116000067010101 General Mail Facility Miami, FL. 33188-O001 B 01012 0000525741 6 7 01 01 01 Please mail this portion with your check Gust. No.: 347905 Inv. No.: 525741 This Month's Amount Due Charges This invoice MWH CONSTRUCTION Past Due After 6,116.00 WO Reference #: 8244.40-547 490 SAWGRASS CORP PKWY ~. check payabla to FPL In U~ fun¢l~ and mall payment t ..... --~ below STE 300 SARASOTA FL 33325 --* FPL 4105 15TI4 AVE SW NAPLES.FL 34116 Florida Power & Light Company Federal Tax ID#: 59-0247775 INVOICE Customer Name and Address Customer Number: 347905 MWH CONSTRUCTION Invoice Number: 525741 490 SAWGRASS CORP PIGNY STE 300 Invoice Date: 09/27/2002 SARASOTA FL 33325 s 01012 0000525741 6 7 01 01 01 Please Retain This Portion for your Records CURRENT CHARGES AND CREDITS Customer No: 347905 Invoice No: 525741 · DESCRIPTION QUANTITY [ PRICE AMOUNT DSB REIMBURSABLE/LUMP SUM 1 I 6,116.00 6,116.00 5600 WARREN ST 8244-40-547 For Inquiries Contact: Total Amount Due $6,916.00 JOE WHITE Phone: (239) 353-6047 This Month's Charges Past Due After Messages ATTN: BARRY McLAUGHLIN; COST TO RELOCATE POWER POLE & LINE. Flonda Power & Light Company r General Mail Facility Miami, Fl. 35158-0001 DEC f 7 2002 NOTIFICATION OF FPL FACILITIES lei=iL Customer/Agency: COLLIER COUNTY Date of Meeting/Contact: 12-0S-02 Developer/Contractor: WMH CONSTRUCT[(DN Project Number/Name: SOUTH COUNTY WATER RECLAMATION FACILFTY I_c~,,ation of Project: WARREN STREET City: NAPLES, FL FPL Representative: J.W. WHITE Phone: 239.353-6047 FPL ceils your attention to the fact that there may be energized, high voltage electric lines located in the area of this proje~, It is imperative that you visually survey Uqe area prior to commencing construction and detemlne whether the construcUon of any proposed structures will bring any person, tool, macl3inery, equipment or object closer to FPL's power lines fllan ttle OSHA-prescribed limits. [f it will, you must either re.design your project to allow )t to be built safely given the pre-existing power lines, or make arrangements with FPL to deenergiza and ground our facilities, ~ relocate them at your expense. This must be done befm'e any construction near the power lines Is allowed. It iS lmp0ssible for FPL to know or predict whether or nol me contractors or sut3contractors, and their employees, will operate or use cranes or other mobile equipment, or handle materials or tools, ;n dangerous proximity to such power lines during the course of conslruCton, and, if so, when and where. Therefore, if it becomes ,necessary for any Cor~tractor or subcontractor, or their employees, to operate Or handle cranes, draglines, mobile equipment, or any other equ[~)ment, tools or materials in such a manner that they might come cIoser to overhead power Ilrles than Is permitted by lc)cai, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such pianned operation pnor to tine commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work In the vicinity of the electric line5 should be suspended until these arrangements are finalized am'~l Implemented. FPL has certain minimum clearances that it must maintain, if you build your structure so that th~se clearances can not be maintained, you will be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing ove~ead power lines to make sure ~;hat your proposed structure does not impinge upon FPL's clearances. It is the responsibility of yourself, as well as each and every contractor anc subcontractor on this project, to diJigenUy fulfill the following obligations on ~eir part: 1. Make absolutely certain that all persons responsible for ol:erating or handling cranes, draglines, mobile equipment or any equipment, tool. or material capable of contacting a power line. have a copy of and are familiar with all applicable state and federal regutaticns, including but not limited to U.S. Department of Labor OSHA Regula~ons, before commencing their work; 2.Make sure that all cranes, draglines, mobile equipment, and all other equipment or materials ¢apabJe of contacting a power line have attached te Ihem any warning signs required by U.S. Department of Labor OSHA Regulations; 3. Post and maintain proper warning signs and advise ail employees, new and old alike, of their obligation to stay a minimum of 10 feet away from any overhead power lines, and of the location of the lines, the hazards involved, and the protective measures to be taken. A copy of this notification should be provided to each, ~ntractor and subcontractor on this project, to be shared with their supe~ision and employees prior to commencing work on this project. Also be advised that FPL may have underground elecbical lines within the limits of this project. Call our Underground Location Nurnl3er at 1-800.432-4770, fort~-eight Iqours in advance of construction to ensure facilities ar~ located accurately. MAILED Ty~OLLIER COUNTY. ATTN; M~. ALICIA ABBOTT 3301 TAMIAMI TRAIL E, BLDG ~, NAPLES, FL, 34112 Means bj[,~hict~ fftis n~fimltion was ~)~3wdea to customer and/or oonb-actor A~:~DI IT[Iq / DEC I 7 002 PG.,. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AND GRANT A CONSERVATION EASEMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIRED FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION AT A COST NOT TO EXCEED $50.00, PROJECT NO. 73949. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, adopt a Resolution and grant a Conservation Easement to the Florida Department of Environmental Protection (FDEP) to comply with permit requirements in conjunction with the expansion of the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: The expansion of the SCWRF requires the construction of a second flow equalization basin and relocation of the existing access road. These improvements are located within an area designated as wetlands by the FDEP. The FDEP has reviewed the application for approval of an Environmental Resource Permit (ERP) for the aforementioned construction activity and has approved issuance of the ERP contingent upon the conveyance of a Conservation Easement for 14.076 acres of wetland property adjacent to the SCWRF. The conservation easement area also provides a natural vegetative buffer for the SCWRF as required by the Site Development Plan and Conditional Use issued by Collier County for said improvements. The County will be responsible for the perpetual upkeep and maintenance of the conservation easement. The attached Resolution provides that the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, has determined that it is in the best interest of the public to grant the Conservation Easement to the FDEP. The Public Utilities Engineering Department and the County Attorney's Office have reviewed and approved the Resolution and Conservation Easement. FISCAL IMPACT: The cost of recording the Conservation Easement should not exceed $: 0.00. Funds are available for this project in the Sewer Impact Fee Fund (413), SCWRF Expansion 2001 Project. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 1 I, 2001, under Agenda Item 8(A). DEC ? 2002 EXECUTIVE SUMMARY SCWRF Conservation Easement Page 2 RECOMMENDATION: Staff is recommending that the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District: 1. Authorize the Chairman to execute the Conservation Easement; 2. Grant the attached Conservation Easement to the FDEP; 3. Adopt the attached Resolution and authorize its Chairman to execute the Resolution; and 4. Authorize staff to record the Conservation Easement and other documents required to clear title, in the Public Records of Collier County, Florida. To~i-A. Mott, Supervisor - Property Acquisition & Construction Management Facilities Management Department REVIEWED BY:kL'~r,L'~3 )~\ (l~'~>'d~. ?~ ~' DATE: Charles E. Carrington, jr., S~VA, Manager Property Acquisition & Construction Management Facilities Management Department ~.E~DBY: ~ DATE:* Camp, CFM, Director Facilities Management Department Alicia Abbott, Project Manager Public Utilities Engineering Department DEC 1 7 200 PG,, ~ EXECUTIVE SUMMARY SCWRF Conservation Easement Page 3 Roy/~. Anderson, P.E., Director Pul~lic Utilities Engineering Department APPROVED B~~~ DATE: ..,~/~.~ ~.)7..~ /...~'J'~m~s-W.'DeLo n~, P.E.,~dministrator ~ ~..~/'c Utilities Division ~0. -?~ ~. ~ DEC 1 7 2002 I RESOLUTION NO. 2002 - __ 2 3 GRANT A CONSERVATION EASEMENT TO FLORIDA ~ DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIRED FOR THE EXPANSION OF THE SOUTH 6 COUNTY WATER RECLAMATION FACILITY. 7 8 9 WHEREAS. the Board of County Commissioners of Collier County Florida, as the governing body of 10 Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, hereinafter 11 referred to as the "Board", is required to expand the South County Water Reclamation Facility at a site in 12 Collier County, which is subject to the regulatory jurisdiction of Florida Department of Environmental 13 Protection, hereinafter referred to as "FDEP"; and t4 15 WHEREAS, FDEP Permit No. 110187492001 ("Permit") authorizes certain activities which affect 16 wetlands in or of the State of Florida; and, 17 18 WHEREAS, the Permit requires the Board to preserve, enhance, restore, and/or mitigate wetlands 19 and/or uplands under FDEP's jurisdiction; and, 20 21 WHEREAS, the Board is the fee owner of certain lands situated in Collier County, Florida and more 22 specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred 23 to as "Property"); and, 24 25 WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation tract 26 and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and, 27 28 WHEREAS. FDEP is in agreement and desires to accept the Conservation Easement over and above the 29 Property; and, 30 31 WHEREAS, the Board, in consideration of the aboxe agreement, is willing to grant to FDEP a 32 perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over and across the 33 Property: and. WHEREAS, the Board, as fee owner, shall assume the operation, upkeep or maintenance of the ~,., Property in accordance with the provisions outlined in the Permit: and, 37 38 WHEREAS, pursuant to the Permit, the Conservation Easement for and in fa',or of FDEP shall run with 39 the land; and, 41 VqHEREAS, the Board has determined that the Property is required for such use and not needed for 42 County purposes and that granting the Conservation Easement is in tile best interest of the public. a3 44 NOW THEREFORE. BE 1T RESOLVED BY THE BOARD OF COUNTY COIMM1sSIONERS OF 45 COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- a6 OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WAIER-SEWER DISTRICT that: 47 48 1. The Board finds that the Property is required for use as a Conservation Easement and is not needed 49 for other County purposes and that the granting of such easement is in the best interest of the 50 County. 51 52 2. The Board agrees to grant the attached Conservation Easement to FDEP for no monetary 53 compensation. 54 55 3. The Chairman is hereby authorized to execute the attached Conservation Easement. 56 57 This Resolution adopted this __ day of , 2002 after motion, second and 58 majority vote. 59 60 ATTEST: 61 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS 62 COLLIER COUNTY, FLORIDA 63 ~ BY: BY: , Deputy Clerk JAMES N. COLETTA, Chairman 67 Approved as to form . , , _. 68 and.legal sufficienc_v: 7069 ~'~l'-V~~ 71~'~-Ilen'~'Chadw;ll" DEC 1 7 2002 72 Assistant County Attorney F'Go ,/4.-' _ ~ b~: Ellem T. Chad~ell, Esquire 0¢~tce of the Count~ Attormey :1301 East T~tamt Trail CONSERVATION EASE~NT '~ples, Florida ~112 ,~1) 77~ ST~ OF ~O~ CO~Y OF COl ~l KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration for the issuance of State of Florida Department of Environmental Protection Permit Number 110187492001 issued pursuant to the requirements of Chapter 373, Part IV, Florida Statutes, and Section 62-343, Florida Administrative Code, the BOARD OF COU.~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COLLNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COL2NTY WATER- SEWER DISTRICT (hereinafter referred to as "Grantor") on this __ day of , 2002 has granted to the STATE OF FLORIDA DEPARTMENT OF ENVIRON~IENTAL PROTECTION, 2600 Blair Stone Road, Tallahassee, Florida (hereinafter referred to as "Grantee"), a Conservation Easement in accordance with Section 704.06. Florida Statutes (1987), in and over the real property in Collier County, Florida. as set forth in the legal description attached hereto as Exhibit A. As used herein, the term Grantor shall include any successor or assi=o-nee of the Grantor, and the term Grantee shall include any successor or assig-nee of the Grantee. It is the purpose and intent of this Conservation Easement to assure that the subject lands (with the exception of included wetlands which are to be enhanced or created as specified in the aforementioned permit) will be retained and maintained, forever predominantly in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation DEC 1 7 2OOl PG. ~A~ Easement. The included wetlands which are to be enhanced or created shall be maintained or retained, forever in the enhanced or created conditions required by the aforementioned permit. Except for such specific activities as authorized pursuant to Department of Environmental Protection Permit No. 110187492001, including but not limited to creation, enhancement and maintenance of wetlands as specified mitigation in said permit, the following activities are prohibited on the property subject to this Conservation Easement: 1. Construction or placing of buildings, roads, signs, debris, billboards or other advertising, utilities, or other structures on or above the ground; 2. Dumping or placing of soil or other substances or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; 3. Removal or destruction of trees, shrubs, or other vegetation, with exception of nuisance and exotic plant species. The easement shall be maintained free of nuisance and exotic plant species in perpetuity; 4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other material' substance in such manner as to affect the surface; 5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition; 6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation; 7. Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas; and 8. Acts or uses detrimental to the preservation of any features or aspects of the property having historical, archaeological or cultural significance. DEC I 7 2002 PG. It is understood that the granting of this Conservation Easement entitles the Grantee or its authorized representatives to enter the above-described land in a reasonable manner and at reasonable, times to assure compliance. The Grantor on behalf of itself and its successors or assigns hereby agrees to bear all costs and liability relating to the operation and maintenance of the lands subject to this Conservation Easement in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condition required by the aforementioned permit, and Grantor does hereby indemnify and hold harmless the Grantee from same. The Conservation Easement hereby granted and the obligation to retain and maintain the land forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the land and shall be binding upon the Grantor and its successors and assizns, and shall inure :o [he benefit of the Grantee and its successors and assigns. The terms and conditions of this Conservation Easement mav be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue for such enforcement actions shall lie exclusively in the circuit court of the Second Judicial Circuit, in Leon County, Florida. In any enforcement action in x~ rich the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. 3 DEC I 7 2002 fill Any forbearance on behalf of the Grantee to exercise its rights in the event of the failure of Grantor to comply with the provisions of this Conservation Easement shall not be deemed or construed to be a waiver of the Grantee's rights hereunder in the event of any subsequent failure of the Grantor to comply. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal on this day of ~., 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND ATTEST: AS EX-OFFICIO THE GOVERNING BOARD OF DWIGHT E. BROCK, Clerk THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: JAMES N. COLETTA, CHAIRMAN lll~ T, Chad~eell AGf, J,#~ A IT£~ DEC 1 7 2002 HOLE MONTES 950 Encore Way- Naoles, Ron0a 34110 · Pt~ne: 941.254.2000 · Fax: 941.254.2099 [-kM PROJECT #2000055 10/14/02 PARCEL 1 A PORTION OF SECTIONS 20 AND 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT ~ SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH. R,M'4GE 26 EAST, COI.J-JER COUNTY, FLORIDA: THENCE RUN N.26°09'12"E., FOR A DISTANCE OF 24.67 FEET TO THE POI/qT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.64°06'52"W., FOR A DISTANCE OF 19.06 FEET; THENCE RUN S.85°59'57"W., FOR A DISTANCE OF 185.11 FEET; THENCE RUN N.88°27'57"W., FOR A DISTANCE OF 711.97 FEET; THENCE RUN N.20°24'18"W., FOR A DISTANCE OF 60.93 FEET; THENCE RUN S.89°49'53"W., FOR A DISTANCE OF 142.07 FEET; THENCE RUN N.24°35'46"W., FOR A DISTANCE OF 70.96 FEET; THENCE RUN N. 16°47'53"E.. FOR A DISTANCE OF 30.77 FEET; THENCE RUN S.89°5 l'05"E., FOR A DISTANCE OF 430.67 FEET; THENCE RUN S.84°51'18"E., FOR A DISTANCE OF 71.28 FEET TO ~ BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; TI--I~NCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGId, HAVING A RADIUS OF 152.60 FEET, THROUGH A CEN'I'RAL ANGI_E OF [7°32'18'', SUBTENDED BY A CHORD OF 46.53 FEET AT A BEARING OF S.76°05'09"E., FOR A DISTANCE OF 46.71 FEET TO A P©INT OF RE'vERSE CLrRVE; THENCE RLrN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A R,~LDIUS OF 293.36 FEET. THROUGH A CENTRAL ANGLE OF 18°29'19", SUBTENDED BY A CHORD OF 94.25 FEET AT A BE,M~ING OF S.76°33'40"E.. FOR A DISTANCE OF 94.66 FEET TO A POINT OF CONrPOU'ND CURVE. CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, .,~LONG TH2E ARC OF SAID CL'RVE TO THE LEFT, HAVING A RADIUS OF 78.00 FEET, THROUGH A CENTRAL .~'qGLE OF 129029'24'', SUBTENDED BY A CHORD OF 141.09 FEET AT A BEARING OF N.29°26'59"E., FOR A DISTAaNCE OF 176.28 FEET TO TI-~ END OF SA. ID CURVE; THENCE RUN N.35°17'43"W., FOR A DIST,~XlCE OF 65.25 FEET TO THE BEGI2'4NING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; TIKENCE NORTHERLY, ALONG TH~ ,M~C OF SAID CURVE TO THE RIGFrr, HAVING A RADIUS OF 180.00 FEET. THROUGH A CENTRAL ANGLE OF 43°58'53'', SUBTENDED BY A CHORD OF 134.80 FEET AT A BE,-XRING OF N. 13°lS'17"W., FOR A DISTANCE OF 138.17 FEET TO A POINT OF REVERSE CURVE: THENCE RUN NORTHWESTERLY, ALONG TH~ ARC OF SAID CLrRVE TO THE LEFT, HAVING A R,M~I-US OF 94.62 FEET, THROUGH A CENTR. AL ANGI..E OF 90°01'43", SUBTENDED BY A CHORD OF 133.84 FEET AT A BEARING OF N.36° 19'42"W., FOR A DISTANCE OF 148.67 FEET TO A POI2~ OF REVERSE CURVE; THENCE RUN WESTERLY, ALONG TIKE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 199.56 FEET, THROUGH A CENTRAL ANGLE OF 18°15'34", SUBTENDED BY A CHORD OF 63.33 FEET AT A BE,M~ING OF N.72°12'46"W., FOR A DISTANCE OF 63.60 FEET TO ~ END OF SAID CURVE; TI-I~NCE RUN N.39°22'17"W., FOR A DISTANCE OF 160.44 FEET TO THE BEGI/qNING OF A TANGEN~TIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG TH2E ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 152.60 FEET, TIq~OUGH A CENTRAL ANGLE OF 49°06'20'', SUBTENDED BY A CHORD OF 126.82 FEET AT A BEARING OF N. 14°49'07''W-, FOR A DISTANCE OF 130.79 FEET TO A POl/q~r OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG ~ ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 252.50 FEET, THROUGH A CENTRAL ANGLE OF 18°1 FIT', SLrBTENDED BY A CHORD OF 79.82 FEET AT A BEARING OF N.00°38'24"E., FOR A DISTANCE OF 80.15 FEET TO THE END OF SAID CURVE; TH~N~ RUN N.42°13'18"E., FOR A DISTANCE OF 161.10 FEET; THENCE RUN N.81 °31'34"E., FOR A DISTANCE OF 272.44 FEET; THENCE RUN S.32°08'21"E., FOR A DISTANCE OF 914.36 FEET; THENCE RUN S.26°09'12"W., FOR A DISTANCE OF 301.54 FEET TO THE POINT OF BEGINNING; CONTAINING 13.621 ACRES, MORE OR LESS. P,M~CEL 2 ~G[NOA I~M~ .o. DEC 1 7 2002 Naples ' Fort Myers Venice · Engiewoo0 PG. 10/14/02 REF. DWG. #B-3968 A PORTION OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMb~NCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COI,I,IE.R COUNTY, FLOR.IX)A; THENCE RUN N.26°09'12"E., FOR A DISTANCE OF 345.51 FEET; THENCE RUN N.32°24'30"W., FOR A DISTANCE OF 961.26 FEET; TI-fENCE RUN S.57°35'30"W., FOR A DISTANCE OF 16.70 FEET TO ~ POINT OF BEGINNING OF THE PARCEL OF LAND FIEREIN DESCRIBED; THENCE RUN S.56° 10'49"W., FOR A DISTANCE OF 22.11 FEET; TI-~ENCE RUN S.81 ° 1'/'5 I"W., FOR A DISTANCE OF 182.21 FEET; THENCE RUN N.2a°40'50"E.. FOR A DISTANCE OF 212.25 FEET; THENCE RUN S.88° 19'58"E., FOR A DISTANCE OF 21.02 FEET; THENCE RUN S.30°14'36"E., FOR A DISTANCE OF 176.39 FEET TO THE POINT OF BEGINNING; CONTAINING 0.455 ACRE, MORE OR LESS. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 50 SOUTH, R,auNGE 26 EAST, COLLIER COUNTY, FLORIDA. AS BEING N.89°33'27"W. HOLE MONTES, INC. CERTIlZlCATION OF AUTHORIZATION LB #1772 / THOMAS J. G~S STATE OF ~_ORIDA EXECUTIVE SUMMARY AMEND WORK ORDER CDM-FT-01-02 FOR UTILITY ENGINEERING SERVICES RELATED TO IMPROVING WELLFIELD RELIABILITY IN THE AMOUNT OF $83,000, PROJECT 70066 OBJECTIVE: To provide additional water supply wells to serve as a back-up to the existing public water supply wells in the Golden Gate Wellfield. CONSIDERATIONS: The project involves the installation of 5 reliability wells in addition the existing 27 wells in the Golden Gate Wellfield in advance of peak season 2003. This project is necessary to provide for a reliable raw water supply to meet the needs of peak season. Professional engineering and hydrogeological services are being provided by Camp Dresser & McKee per Work Order as approved by the Board on June 26, 2001, agenda item 16 C 8. The Board awarded a construction contract to Florida State Underground on June 25, 2002, agenda item 16 C 13. Notice to Proceed was issued July 22, 2002. The work was 15% complete as of the end of September. This project is on-scbedule to complete by February 2003. The first couple of wells could be available for service as early as by December 2002. An amendment to the Work Order to Camp Dresser & McKee is justified for necessary services which are beyond the scope of the original work order. It is recommended that thc additional work be done by Camp Dresser and McKee due to urgency and continuity. These changes are for relocations and site plan modifications to provide neighborhood compatibility. This work is consistent with the Water Supply Master Plan adopted December 11,2001. A summary of the scope of work and fees is tabulated as t~llows: Fees Scope of Services Original Agreement $169,000 Design, permitting, assistance during bidding, construction contract administration, start-up and additional services Amendment 1 7,500 Conditional Use Zoning Amendment 2 83,000 Redesign related to permit conditions, adjust design in (proposed) response to field conditions and local resident concerns, water quality investigations, additional project management related to extended project duration, and additional construction progress meetings related to accelerated delivery schedule. Total $259,500 Amendment 1 was administratively approved by staff on June 13, 2002. In accordance with Collier County Purchasing Policy, Amendment 2 requires Board approval became the total aggregate amount of changes to the original work order amount will exceed 10 percent. The proposed amendment is consistent with the scope of the existing work order and agreement. OEC ! Executive Summary Amend Work Order CDM-FT-01-02 Page 2 A copy ofa Comract Modification Check List is attached. FISCAL IMPACT: A budget amendment reducing reserves by $1,000 is needed to increase the available budget for this project to $83,000. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth managemem related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, ratify Amendment 1, and approve and authorize the Public Utilities Administrator to execute Amendment 2, to Work Order CDM-FT-01-02 related to improving the reliability of the public water supply in the Golden Gate Wellfield and approve the necessary budget amendmem. Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager REVIEWED BY: Date: Paul l~lattagsch, Water Director REVIEWEDBY: /'-") d- .~ .... ~-- Date: t /+~. Roy B. 0tnderson, m.E.~Engineering iirector APPROVED B~ ~;Z'"'..-n ' 'Td'~': Date: V. DeLony, PIE., Pub/Utilities Administrator AMENDMENT 2 TO WORK ORDER .,,CDM.FT-01-02_ Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Proiect: Golden GateWellfield Reliability Improvements The work is specified in the proposal dated November 13, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order CDM-FT-01-02 is assigned to Camp Dresser & McKee. Inc. Scope of Work~. Task A - Design and Permitting Task B - Bidding Services Tack C - Construction Administration Services Task D - Operational and Start-up Services Task E - Additional Services Task F - Conditional Use Zoning and Site Development Plan Task G - Adjust design, biweekly progress meetings, and add 28 weeks of project management duration Schedule of Work: Complete work within 24 weeks (original), amended to 52 weeks, from receipt of a Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Original Fee_ Amended Fee Tasks A through D $144,000 $ 0 (lump sum) Task E $ 25,000 $ 0 (time & material) Task F; $ 0 $ 7,500 (time & material) Task G $ 0 $ 83,000 (time & material) Subtotal $169,000 $ 90,500 TOTAL FEE $259,500 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~rl W. Boyer, P.E., P'UED Senior Project blanager / Dite AUTHORIZED BY: P/aul ~[ta~tlaus~ch, Water Director Date . APPROVED Roy B?Anderson, P.E., Utilities Engineering Director Date Approved as to Form and Legal Sufficiency: ACCEPTED BY: Assistant County Attorney Date: Witnesses (2) By: Thomas M. Missimer, Vice President Camp Dresser & McKee, Inc. Fund: 412 CC: 273512 Object Code: Project Number: 70066 DEC' 1-7 2002 PG. ,. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Wellfield Reliablity Improvements PROJECT #: 70066 BID/RFP #: Work Order CDM-FT-01-02, RFP 00-3119 MODIFICATION #: 2 NAME OF FIRM: Camp Dresser & McKee CONTRACT AMOUNT: ORIGINAL $169,000 CURRENT $176,500 CURRENT COMPLETION DATE(S) ORIGINAL: not applicable CURRENT: not applicable SUMMARY OF PROPOSED CHANGE(S): Redesign related to permit conditions, adjust design in response to field conditions and local resident concerns, water quality investigations, additional project management related to extended project duration, and additional construction progress meetings related to maintaining schedule, all as more specifically identified in a letter from Camp Dresser & McKee dated November 13, 2002, copy attached. JUSTIFICATION FOR CHANGE(S): The changes are for additional scope of work that was not foreseen when the original work order was executed as approved by the Board on June 26, 2001, agenda item 16 C 8. The additional scope of work is consistent with the original work order and the fixed-term engineering contract. PARTIES CONTACTED REGARDING THE CHANGE: Jim McGee (previous Public Utilities Project Manager on this project before retiring); Paul Mattausch, Water Director; and Roy Anderson. Utilities Engineering Director. IMPLEMENTATION STEPS (Check each before proceeding with change) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ,,~ Date: ~ Z- ~'~_. 02- DISAPPROVE: Date: COMMENTS: 11/07/02 DEC i 7 2002 RU.£.D' 8140 College Parkway, Suite 20;2 tel: 941 432-9494 fax: 941 432-9453 November 13, 2002 Mr. Karl W. Boyer, P.E. Senior Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 RE: Golden Gate Wellfield Reliability Improvements Request for Approval of Out of Scope Services and Additional Compensation Dear Mr. Boyer: We appreciate the opportunity to assist Collier Count' in fi'ds hnportant project. As we continue toward project comt~letion, we appreciate, your consideration of the additionM and unforeseen services that were .necessary to allow us to reach this stage of project completion. Thank you for meeting with us to discuss the added costs fo£ these services. Following our meeting, CDM project staff provided additional comments and details concerning the additional services. The majority of additional services provided were listed in our letters dated August 29, 2002 and September 20, 2002. Adam Sobolewski also identified other, added services since the September 20, 2002 letter. We have consolidated those lists, and the related added costs, into this letter for your further consideration and, hopefully, your processing as an amendment to our work order. Additional, out of scope services for which we request compensation, are summarized as follows: A. Additional work listed in August 29, 2002 letter (total added cost = $44,000) Relocation of Well Sites Nos. 30, 31, and 32 to accommodate FDOT requirements. Added cost = $3,500. Relocation of well vault to meet FDOT requirements. Added cost = $5,000. Redesign of the well assembly from 12-inch diameter to 8-inch diameter components. Added cost = $2,500. - Water quality investigations. Added cost = $12,500 Redesign of instrumentation for PLC-based control. Added cost = $1,500. Conforming project bid documents for use during project construction. Added cost = $1,500. i' DEC: 172002 _| consulting · engineering · construction · operations Mr. Karl W. Boyer, P.E. November 13, 2002 Page 2 Reserve to complete as built survey of project facilities following construction. Added cost = $3,500. Extended project management for 28 week added project period. Added cost = $14,000. B. Additional work listed in September 20, 2002 letter and other added services (total added cost = $39,000) Initial survey, layout and cross-sections of Cypress Canal for canal excavation as required bv the SFWMD Aerial Crossing Permit. Added cost = $3,000. Re-survey and staking of canal cross-sections to define the limits of excavation after the construction contractor refused to do the staking. Added cost = $2,000. - Re-survev of canal cross-sections after excavation as required by the SFWMD Aerial Crossing Permit. Added cost = $2,500 - Adjacent site investigation, layout and relocation of Well No. 31 on l0c` Street N%V, 90 feet further west in response to request by the adjacent properS' owner and as directed by County staff. Added cost = $3,500. Sur~'ey, design m~d layout of addition~ RCP sto,.'m drain pipe, MESs, fill and grading at Wells Nos. 31 and 32 as directed bv the Cotmtv DOT and PUED. Added cost = $6,500. Production and distribution of a minimum of 18 sets of conformed construction contract documents as directed by County staff. Added cost = $3,000. Attendance at bi-weekly, rather than monthly, construction project meetings and the preparation and distribution of meeting minutes. Added cost = S13,000. Additional correspondence, emails, telephone calls and meetings related to well permit issuance. Added cost -- $3,500. - Modification during construction of drainage facilities at Well Nos. 28 and 29 as directed by County. Added cost = $2,000. Each of these additional services added considerable value and significance to the project and to the County's utility customers. We regret the need to ask that our compensation be increased by $83,000 for these added services but, unfortunately, the accumulated impact of the additional services and added project costs exceeds our ability to absorb such costs. Please understand that the total compensation for project engineering services, with the requested additional $83,000 for added services, remains low as a percentage of estimated total project costs and relative to comparable projects. We would be pleased to provide additional information if necessary to support your further consideration of this request. ~0. DEC I 7 700l PG.,,,. . ~ Mr. Karl W. Boyer, P.E. November 13, 2002 Page 3 We continue to appreciate the opportunity to assist you and the County in this project. We look forward both to the successful completion of all project components and to your favorable consideration of this request. Please let us know if you have questions or comments. Very trulv yours, Thomas Burke Vice President Camp Dresser & McKee Inc. cc: Dr. Thomas Missimer Kirk Martin Adam Sobolewski Stefan Haecker DEC 1 7 2002 EXECUTIVE SUMMARY AWARD CONTRACT TO CONSTRUCT THE NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL PUMP STATION, BID 03-3442, PROJECT 73948, IN THE AMOUNT OF $4,740,000. OBJECTIVE: To construct the North County Water Reclamation Facility (NCWRF) Deep Injection Pump Station for pumping excess reclaimed effluent to the new deep injection wells currently under construction at the NCWRF. CONSIDERATIONS: On October 21, 2002, the invitation to bid the NCWRF Deep Injection Well Pump Station was advertised. Eighteen sets of bid documents were sold to interested bidders. On November 22, 2002, four bids were received as follows: Wright i Mitchell & Stark Westra D. N. Higgins, BIDDER Construction I Construction Co., Construction Inc. Corporation t Inc. Corporation Total Base Bid $4,740,000 ~ $4,890,000 $4,964,277 $5,143,000 Wright Construction Corporation was the lowest responsive bidder with a total base bid of $4,740,000. The design estimate for the project total base bid was $6,460,000. The Design Professional, TKW Consulting Engineers, Inc., sub- consultant to Water Resource Solutions, Inc., recommends awarding the bid tO Wright Construction Corporation in the attached letter dated November 26, 2002. Wright Construction Corporation has a satisfactory performance record on previous projects involving similar work. Staff recommends awarding the project to the lowest bidder, Wright Construction Corporation, for the total base bid in the amount of $4,740,000. This pump station project is the second of two construction contracts for the construction of the NCWRF Deep Injection Well System project which is needed for the disposal of reclaimed water effluent which cannot be reused. The first contract for drilling two deep injection wells and a monitoring well was authorized as Task Order 6 to Youngquist Brothers, Inc. by the Board as Agenda Item 10(J)on July 30, 2002 for $6,106,261. FISCAL IMPACT: Funds in the amount $4,740,000 are specifically budgeted in Project 73948, NCWRF Deep Injection Well. Source of funds is Sewer Impac_j.t___.__ Fees. AGENDA ITEM(, J No. DEC 17 2002 Pg. / Executive Summary Award Bid 03-3442 for Construction of NCWRF Deep Injection Well Pump Station Page 2 GROWTH MANAGEMENT IMPACT.' This deep well pump station project is designed to provide excess reclaimed water disposal capacity to accommodate future facility expansions at the NCWRF to meet growth demands. It is part of the NCWRF Deep Injection Well project recommended in the 2001 Wastewater Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(A). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award the bid and authorize the Chairman to execute a Standard County Construction Agreement, after approval by County Attorney, with Wright Construction Corporation in the amount of $4,740,000 for Bid 03-3442, North County Water Reclamation Facility Deep Injection Well Pump Station. PREPARED BY: ~/~'~/' DATE: /?/~h Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineerin,,= Department / Steve Ca'nell, ~rector Purchasing Department REVIEWED BY: ; ~_..~.) J";~ =~.c/~ ~ ~_ DATE: / :~ ~ 2 Roy/~. Anderson, P.E., Director Public Utilities Engineering Department REVIEWED BY: C~ ~ DATE: 'L JoeU""- _Cheatham, Director Wastewater Department  .... Ad is~ am W DeLony, P E, Ad~t(nistrator Utilities Division no. //~, DEC 1 7 200g COLLIER COUNTY c i v ii · s t r ,, c ! u r n I F'U"~L!C UTILITIES P. U. E. D. ~o~¢mber26,200~ '02 NOV 27 02 - ' Mr. Mohan V. Thampi, P.E., R.E.M. Project Manager Public Utilities Engineering Department Collier County Government Center 3301 E. Tamiami Trail, Bldg H Naples, FL 34112 RE: NCWRF Deep Injection Well Pump Station Recommendation for Contract Award TKW Project 01764.04 Dear Mr. Thampi: Four bids were received on November 22, 2002, by the Collier County Purchasing Department, for the NCWRF Deep Injection Well Pump Station. The bids were opened and read aloud. All bids were correct as to form. A tabulation of the bids is attached. Following is a summary of the bids: Wright Construction Corporation: $4,740,000.00 Mitchell & Stark Construction Co., Inc. $4,890,000.00 Westra Construction Corp. $4,964,277.00 Douglas N. Higgens, Inc. $5,143,000.00 The Engineer's opinion of probable construction cost for this project is $6,460,000.00. The difference between the total bid amounts for the apparent low bidder and the second bidder is less than 4% of the total bid amount. The total difference between the lowest total bid mount and the highest total bid amount is less than 10%. Therefore, we believe the bids represent the project value as of the date of the bids. TKW has performed an evaluation of the apparent low bidder, Wright Construction Corporation. Four projects are presented in the Statement of Experience of Bidder included in the bid of Wright Construction Corporation. Two of the four projects were fcr wastewater treatment plants in Indiana and were completed several years ago. No one currently working for the utilities in either City has direct knowledge of those projects. The other two projects are not wastewater projects, but did involve work of a similar nature. Wright Construction Corporation has been in business for more than 50 years and is a well established construction firm. The project manager for Wright Construction Corporation, who would handle this project, has more than 20 years experience, primarily in utility construction. The majority of the Work, under Wright Construction Corporation, NO.~I DEC 1 7 2002 PG. ,.9' envlrenmental · civil · structural Mr. Mohan V. Thampi, P.E., R.E.M. Collier County Public Utilities Engineering Department November 26, 2002 Page 2 will be done by subcontractors who are experienced in wastewater treatment and pumping and underground utility Work. We believe Wright Construction Company is qualified to perform the Work included in the Deep Injection Well Pump Station. Based on the bids received and the evaluation of the apparent low bidder, it is our opinion that Wright Construction Corporation is the lowest responsive and responsible bidder. It is recommended that an Award of Contract be made to Wright Construction Corporation, dgo/a Fred G. Wright, Inc., for the NCWRF Deep Injection Well Pump Station. Sincerely, /! / ^ ,' /fi / Zf/ t / . Robert G. Burbn~, P.E. Semor Civil Engineer RGB/smc enclosure cc: Mark Pearce Pat Day o E , o NO. T3 ~: - DEC 1 7 PG. ~ ; (:3 ~ : ~ , ("~ , c-' __ --' ..~ , .~' I°o~' '-, ' :'~: I ' BEC I 7 2002 EXECUTIVE SUMMARY APPROVE A CONSTRUCTION WORK ORDER FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION'S WIDENING OF U. S. 41 FROM BAREFOOT WILLIAMS ROAD TO EAST OF SR 951 IN THE AMOUNT OF $308,533.00. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning to widen U.S. 41 from Barefoot Williams Road to east of SR 951. Collier County has underground water and wastewater facilities along SR 951 that will require relocation to accommodate the road- widening project. This work is included in the 2001 Water and Wastewater Master Plans adopted by the Board on December 11, 2001, Agenda Items 8A and 8B. On November 12, 2002 staff requested cost proposals from five of the contractors under the "Annual Contract for Underground Construction" to be submitted by November 22, 2002. Proposals were received from four of the five by the deadline. The proposals included a cost for the water main relocations, a cost for the sewer force main relocations, and a deduction amount if one contractor was selected to do both the water and the sewer relocations. The proposal amounts were as follows: Water (W) Sewer (S) Deduct Amt. Total For Relocates Relocates For W & S W & S Florida State Underground, Inc. $123,715.75 $ 85,333.80 0 $209,049.55 Mitchell and Stark Construction $173,929.00 $134,604.00 $500.00 $308,533.00 Company, Inc. Kyle Construction, Inc. $172,250.00 $168,775.00 0 $341,025.00 Douglas N. Higgins, Inc. $218,875.00 $173,675.00 $5,000.00 $387,555.00 Staff received a letter dated November 25, 2002 from Florida State Underground, Inc. (FSU) stating that their proposal did not include seven items that were to be included per the project plans and specifications. Staff contacted FSU and they were not willing to include the seven items at the quoted price. FSU agreed with staff that the project should be awarded to the company providing the second low quote. Staff proposes to issue Work Order UC-004 to Mitchell and Stark Construction Company, Inc. in the amount of $308,533.00 for construction of the water and sewer relocations. The deduction amount will be split equally between water and sewer. FISCAL IMPACT: Funds totaling $308,533.00 are needed for this work order. Funds in the amount of $173,929,00 are budgeted and available in Project 70045, FDOT Joint Projects (Water) and funds in the amount of $134,604.00 are budgeted and available in Project 73045, FDOT Joint Projects (Wastewater). The source of both funds is user fees. DEC 1 7 2002 PG. [ Executive Summary Approve Work Order Page 2 GROWTH MANAGEMENT IMPACT..:. This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS:. That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director to execute Wo~ k Order UC-004 in the amount of $308,533.00 to Mitchell and Stark Construction Company, Inc. SUBMITTED BY: ~ t~-f ~x.i~ DATE: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department ' REVIEWED BY: Roy'B. A~iderson, P.E.. Director Public Utilities Engineering Department ~t~¢he~ Y[ ~a~ll, Purchasing ~rector P~ul E'. Mattausch, Water Director ~VIEWED BY: . Cheatham, Wastewater Director APPRO~D BY~es W. De~ny, P.E., P~ 'c Utilities Ad~nistrator ~:ffd DEC 1 7 2002 WORK ORDER UC-004 "ANNUAL CONTRACT FOR UNDERGROUND CONSTRUCTION" Contract 02-3345, Dated May 28, 2002 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Water and Wastewater Facilities Utility Relocations SR 90 (US 41) from Barefoot Williams Road to East of SR 951 The work is specified in the proposal received November 20, 2002 from Mitchell & Stark Construction Company, Inc., which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order UC-004_ is assigned to Mitchell & Stark Construction Company, Inc.; - Scope of Work: Provide all services called for in the plans and specifications to construct Collier County Water and Wastewater Facilities Utility Relocations as required for FDOT's widening of SR 90 (US 41) from Barefoot Williams Road to East of SR 951. Schedule of Work: Complete work within 7.5 calendar days from Notice to Proceed (30 days for material procurement and 45 days for construction). Compensatioq: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the unit prices provided in the proposal. TOTAL PRICE: :~308,533.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Ronald F. Dillard, P.E., Senior Project Manager Date Pub?~ Utilities Engineering Department ~attausch, Water Director Date AUTHORIZED BY: J~eph B. Cheatham, Wastewater Director Date APPROVED BY: Date Roy B. Anderson, Director ,Public Utilities ~EngiT~/ering Department ',_ _ I - ,"'- '" ACCEPTED BY: ~ Construction Date --. Mitchell & Stark Construction Company, Inc. Fund: 412 Cost Center 273512 Object Code: 763100 Project Number: - ~ Fund: 414 Cost Center: 263614 Object Code: 763100 Project Number: ~.~ ~g~ DEC 1 7 200 PG. ~ P.U.E.O. Bz~ ~o~,,v~ ~o~ ~,~o~,o~ °02 NOV 20 ~ ~ 3~ 90 (US 41) UTILI~ RELOCATIONS O~ober 2002 Prepared for Collier Coun~ Government item D~cdp~on Unit ~mated Unit To~l Quan~ Cost Cost Water System 1 Mobili~fion, Demobil~fion, insumn~, Bonds LS 1 2 Pipe ~andonment (20 inch) ~ 620 3 Valve, Gate (F&I) (DI) (20 inch) ~ 2 /eV=~ 4 Pipe, DI (F&I) (Rest. Joint) (20 inch) ~ 620 5 Res~in ~sfing 20 inch pipe ~ 143 ~5-- 15z~ 6 Fire Hydrant, Relo~te ~ 2 7 ~1" Water Se~, Relo~te ~ 1 8 Water Flings (F&I) Ductile iron - Cement Lined TON 1.5 9 Concrete en~sement of existing pipe (20 inch) ~ 8 10 Steel Casing (Open Cut) (36 inch) FT 20 .. To~l Water System i ! ~001 SH~LEY ~TREET TBE Group, ~c. ' ' - / ~. ~ :_:~ I October 2002 Prepared for I Collier County Govemment I Description Unit EstimatedI Unit Total Quanti..~L._.L Cost Cost  . Wastewater System ~bilization, Demobilization, Insurance, LS 1 III FT 620 / ~ o ;strained Joint FT 245 / c, 5 o~- ~ ~sh-on FT 375 /~-~ ~/ ~ ~in Existin. 20 inch FT 143 -/] c~. Fittir Ductile I lined TON 1.0 /~SWo'"' / u/£ ~o Wastewater ~m Deduct amotmt if both projects awarded: ~"O O -'- 'Total £or both projects: Note: Collier County may select one Contractor for water and one Contractor for waste'water, or one Contractor for both projects. END ~ l ..... ,", S;,-i!RLEY STREET TBE Group, COLLIER COUNTY PUBLIC UTILITIES J:~orida DIVISION St,t, Underground 02 NOV 26 PH I: November 25, 2002 Mr. Ronald F. Dillard, P.E. Collier County Public Utilities Department Engineering Department 3301 Tamiami Trail East, Building H Naples, FL 34112 Quotation for the Relocation of County Water Mains and Sewage Force Mains for F.DO.T. Projects to Widen East US 41 (SR90) From Barefoot Williams Road To East SR/CR 951 Dear Ron: Pursuant to our conversation this mormng, the following items are stipulated as not being included in Florida State Underground, Inc. 's bid proposal submitted on November 22, 2002. They are as follows: 1. Asphalt and Roadway Repair 2. Maintenance of Traffic and Permits 3. Rock Excavation 4. Removal and Replacement of Existing Utilities and RCP Pipe 5. Offsite Fill 6. Pipe Restraints of Existing Pipe 7. Curb Replacement After your review ~/h~d you have any questions regarding this bid please call. Sincerely, Thomas P~2IcKimm President copy to file 4540 DOMESTIC AVENUE. NAPLES, FLORIDA 34104. 643-6449 · FAX: t43j~1j 7 200 I ~'-~' , _ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR ENGINEERING SERVICES RELATED TO THE DESIGN AND PERMITTING OF COUNTY BEACH RENOURISHMENT, PROJECT 90527, IN THE AMOUNT OF $635,000 OBJECTIVE: To obtain approval of a budget amendment to fund engineering services for the next maj or County beach renoufishment. CONSIDERATIONS: The Coastal Advisory Committee has recommended the fast- tracking of the next major beach renourishment project originally projected for 2006. The last major renoufishment had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring repons indicate that the beach has eroded beyond the design minimum and therefore renoufishment is needed. In order to work toward a goal of renourishing next winter, Coastal Planning & Engineering has provided a budget estimate for all of the engineering 'services needed for not only the sand search that is underway but also 1) Program Management and Public Relations, $40,000; 2) Renourishment Engineering Report, $85,000; 3) Marine Resources Investigation, $160,000; 4) Long Term Permitting, $150,000; 5) Design Beach Surveys and Annual Monitoring Report, $80,000; 6) Prepare Final Design, Plans and Specifications, $100,000; and 7) Bid Analysis, $20,000. These items total an additional $635,000 and will be negotiated in a prioritized order and processed in accordance with the Board's purchasing policy under the fixed-term contract for Coastal Zone Management Engineering Services with Coastal Planning & Engineering, Inc. The Coastal Advisory Committee recommended the additional $635,000 at their meeting on November 14, 2002 and the Tourist Development Council recommended the same at their meeting on December 10, 2002. FISCAL IMPACT: The attached budget amendment transfers $635,000 from the TDC Reserves into the County Beach Renourishment Engineering Services project (renamed from County-wide Sand Search). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring $635,000 from the TDC Reserves into the County Beach Renourishment Engineering Services project. AGENDA iTEM NO.__ ' DEC 17 SUBMITTED BY: //~,---/ ' c'* --' Date: Ron Hovell, P.E., Coastal Projects Manager .,'L,--,' :/ ~----'~-'"'----- Date: f:z/:~,/cZ-" .... REVIEWED BY: Roy t~. An~lerso'n, P.E., Public Utilities ldngineering Director James W. DeLony, P.E.,L/Pub] ic Utilities Administrator AG~NOA ITEM NO.~ DEC 1 7 EXECUTIVE SUM MARY AWARD OF BID fffi3.3437 FOR RENTAL OF PORTABLE TOILETS TO WASTE MANAGEMENT OF COLLIER COUNTY, INC. ~: To provide sanitary facilities for use at County facilities and County- sponsored events at the lowest possible cost. Considerations: Throughout the year various County departments rent portable toilets for use at County facilities and County-sponsored events. Bid #03-3437 was posted on October 25, 2002 with invitations to bid sent to 44 vendors. Only three responses were received. Waste Management of Collier County, Inc. was low bidder. Staff has reviewed the quotes received and recommends award of bid to Waste Management of Collier County, Inc. as the lowest, qualified bidder, per the attached bid tabulation. ~: Funds are budgeted in Parks and Recreation Park Maintenance, MSTD General Fund (111). Growth Mana,qement Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners award bid #03-3437 to Waste Management of Collier County, Inc. for the rental of portable toilets. Submitted by: - e: ~c~ 6~~e'~, Op/erations CoordinatOr Parks ~and Recreatioti-Depart ment Reviewed by: ~'>~/~.y~/j. ,~ L~:,~d..~,,: Date: ~n~la O. l~msey, Director/ Parks and Recreation Department Reviewed by: ~)~. (.,;~, G., :~/Y~/ Date: 'StYe Camell, D~rector Pure. basing Department r'~ Jo~n Dunnuck, Administrator Di~isiota of Public Services v/ DEC 1 7 2002 EXECUTIVE SUMMARY AWARD BID fffi3-3461 IN THE AMOUNT OF $62,850 TO FINISHING BY BAKER, INC. FOR RESURFAClNG OF THE MAIN POOL AT GOLDEN GATE AQUATIC COMPLEX 0blective: To maintain the highest quality recreation facilities at the lowest possible Considerations..: The main pool at the Golden Gate Aquatic Complex is in need of resurfacing. Bid #03-3461 was posted on November 21, 2002. Notices were sent to 37 vendors. Six vendors requested bid packages. Bids were opened on December 4, 2002, with two bids submitted. A bid tabulation sheet is attached for your review. The bids submitted are as follows: Finishing by Baker, Inc. $62,850 Classic Marcite, Inc. $76,930 Staff has reviewed the bids submitted and recommends award in the amount of $62,850 .... to Finishing by Baker, Inc. as the lowest qualified bidder. ~: Funds in the amount of $62,850 are budgeted in Parks Improvement CIP Fund (306) for this project. Growth Mana.qement Irnpaet: Golden Gate Aquatic Complex is inventoried in the Growth Management Plan. Re¢ornmandation: That the Board of Collier County Commissioner award bid #03- 3461 in the amount of $62,850 to Finishing by Baker, Inc. for resurfacing of the main pool at Golden Gate Aquatic Complex. Submitted by: ate: .... Xmanda O.'T0wnsend, Operations Cool-dinator Parks ~d Recreatiop-l~partment Parks and Recreation De~t No. /b, DEC 1 7 200?. Pg' / -- Reviewed by: Steve Camell, Dire~o '  c~asing Department vis Dunnuck, Administrator ion of Public Services DEC 1 7 2002 pcj. ~'~ _ EXECUTIVE SUM MARY AWARD WORK ORDER PBS-02-0g IN THE AMOUNT OF $97,053 TO PROFESSIONAL BUILDING SYSTEMS, INC. FOR THE RENOVATION OF CAXAMBAS BOAT RAMP AND THE REMOVAL AND RESTORATION OF THE COLUER BOULEVARD BOAT RAMP Objective: To provide sate facilities for boat lannching et thc highest possible savings to taxpayers. Considerations: The boat ramps at Caxambas Park and Collier Boulevard Boating Park are in serious need of repair. Cracks in the concrete of the ramps and depressions where the ramps meet the watenvay floors make the facilities unsafe for boaters and their vehicles. On October 28, 2002 staff sent a request for bids for the boat ramp project to the five contractors currently on the County's General Contractor Services Contract. The project consists of the placement of non-skid material on the ramp and filling in the depression at the end of the ramp at Caxambas Park, and removal and replacement of the ramp and filling in the depression at the end of the ramp at Collier Boulevard Boating Park. The following two quotes were received on November 08, 2002: Professional Building Systems $ 97,053 Chris-Tel Construction $199,900 Staff has reviewed the quotes received and recommends awarding the work order to Professional Building Systems, Inc., as the lowest, qualified and responsive general contractor. Fiscal impact: Funds in the amount of $97,053 are budgeted in FY 03 Parks Improvement CIP Fund (306). Source of funds is Boater Improvement Funds (Vessel Registration Fees). Growth Mana~lement Impact: Both facilities are inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award work order PBS-02-09 in thc amount of $97,053 to Profcssional,~ Systems, Inc. Submitted by: '~--~da 6s~d ~"'w~s, end, Operations Coordinator Parks and Reereafioti D, epamncnt _ Parks and l~cr~o- DEC 1 7 2002 DEC ! 7 2OO2 WORK ORDER # PBS-02-09 "General Contractor's Services" Contract #02-3349, Dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Proiect.'_ Caxambas and Collier Boulevard (951) Boat Ramp Restoration, Removal and Renovation Project. The work is specified in the proposal dated November 8, 2002 from Professional Building Systems (PBS) Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order #PBS-02-09 is assigned to Professional Building Systems, Inc. Contractor to supply labor and material for the following: at Caxambas Park the work shall include, but not be limited to, partial demolition of the ramp, new sheet piling, new concrete f'ill, new anti-skid surface and new wood bumpers. At the Collier Boulevard (951) Boating Park, the work shall include, but not be limited to, the demolition of the existing concrete ramp, rebuilding the ramp with new sub-base, new pre-cast concrete, new sheet piling and new wood bumpers. All of this work shall be in accordance with the Contract Drawings, General Notes and Specifications prepared by Sub-Oceanic Consultants for this project. Additionally, Contractor shall provide temporary fencing around the project to protect the public. Schedule of Work: Complete within 90 calendar days from date of issued building permit and Notice to Proceed. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the. Firm in accordance with the negotiated lump sum amount provided in the schedule below. Fee for Task I: $ 97,053.00 Total $97,053.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. DEC 1 7 200?.. ~nio-~uberto, Project'Manager ' Date Par. kg and Recre. tr~n Department '~ ~ a-R~am ste Y "~ r;;c t ~g'/ 1 [D-ate Parks and Recreation L~artment ATTEST: Dwight E. Brock, Clerk BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JANIES N. COLETTA, Chairman Date: Approved at to form - Ba~t_Z~o- Vice President iency R(be~e~ ~ac2y''~ ~ Type/Print Name and Title Assistant County Attorney Affix the" (Corporate Seal)}" OR Type/Print "( Corporate Seal)" ATTEST: ( Corporation Secretary) By: Typed Name and Title (Print Name) (Print Name) ~o./d ~ DEC 0O2 Pg- ~ ~ GENERAL CONTRACTORS 4395 Corporate Square · Naples, FL 34104 * Phone: 941/643-6527 * Fax: 941/643-21r67 11/812002 Mr. Tony Ruber~o, Project Manager Parks and Recreation Collier County Government 3300 Santa Barbara Boulevard Naples,. F1 34116 RE: Caxambas and 951 Boat Ramp Proposals Mr. Ruberto, Professional Building Systems is pleased to present for your consideration this Lump Sum Construction Services proposal for the renovation and restoration of the above noted boat ramps. This proposal covers all work described in the plans and specifications prepared by Suboceamc Consultants, Inc, dated 7/26/2002. PBS presents for your consideration this proposal in the amount of Ninety Seven Thousand Fif~ Three and 00/00 dollars ($97,053.00) Exclusions: Impact Fees, Permit Fees Engineering Temporary Toilets We trust this proposal is useful to you, and will aid in the selection of PBS as your contractor. ['lease do not hesitate to call us with any questions or comments. ONAL BUILDING SYSTEMS ,..ice President No.~ DEC 1 7 2002 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING OF THE OLDER AMERICANS ACT GRANT. OBJECTIVE: To amend the OAA operating budget at FY02 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 28 years through the Older Americans Act program. Historically, Collier County Services for Seniors receives t he continuation contracts during the latter part of December. for the upcoming grant cycle. However, due to the implementation of the County's new accounting system, SAP, a continuation budget is required to allow for uninterrupted fiscal activities. The grantor Agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be received at no less than the FY02 allocation. When final contracts are received in late December 2002, budget amendments will be prepared to reflect the actual allocation. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $658,000 is funded from the State o fFlorida grants and aids appropriation administered by Senior Solutions of Southwest Florida, an Area Agency on Aging. Of the total grant award, $233,920 will require budget amendments to recognize the direct funding portion of the County for administration, transportation, and case management. The remaining $424~080 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local cash matching funds was approved in the FY 2002-03 budget as a contribution from the General Fund (001) to Services for Seniors (123) RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budg~mendrpent/ro ensure continuous funding of the Older American Act Grant. ~l'e~i Daniels, Accountant, Services for Seniors Reviewed alia Approved by: y.W~l~ms, Director, Iqu~i'~ Services Approved by: - I & Date: ~ Joh~ -Dunnff~k, Public Services Administrator DEC ! 7 2002 / _ EXECUTIVE SUMMARY APPROVE AN EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT, COUNTY GRANT DISTRIBUTION FORM, AND A RESOLUTION FOR TRAINING, DATA COLLECTION EQUIPMENT, COMPUTER SOFTWARE, AND MEDICAL/RESCUE EQUIPMENT. OBJECTIVE: To provide improved emergency medical services through State grant money with no fiscal impact to the County. CONSIDERATION: The State of Florida established the Emergency Medical Services Grant Award Program for the improvement and/or expansion of emergency medical services. Collier County's grant award for fiscal year 2003 will not exceed $94,027.89 and will be used for training, data collection equipment, computer software, and medical/rescue equipment. A Resolution is required to be included with the grant application that states funds will not be used to supplant the existing Emergency Medical Services budget and certifying that the grant funds will improve and expand the County's EMS out-of-hospital services. FISCAL IMPACT: Although $50,000 has been budgeted for FY 03 in Fund 491-144611 EMS Grants Trust Fund, recent correspondence from the State of Florida indicates an additional $44,027.89 would be available. DEC l ? 2002 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Emergency Medical Services (EMS) County Grant Application, County Grant Distribution Form, adopt the necessary Resolution and approve a budget amendment as stated above. Captain Diana Watson, Grant/Budget Coordinator REVIEWED BY: ~,~.4~, ~/%~ DATE: Jeff Page, l~{~r~;or of L:;~nergency Medical Services ...... John D}~nnuck, Public Services Division Administrator Age~da DEC 1 7 200~ Pg. Jeb Bush John O. Agwunobi, M.D., M.B.A. Governor Secretary. BUREAU OF EMERGENCY MEDICAL SERVICES October 11, 2002 TO: Chairperson, Collier County Board of County Commissioners SUBJECT: 2002-2003 Emergency Medical Services County Grant Application We are pleased to provide you with the Florida County Grant Program Manual. The manual contains the application form and all information needed to request your fiscal year 2002-2003 county grant funds for the improvement and expansion of Emergency Medical Services (EMS) within your county. Please copy the application form (Form 1684, Jan. 98) contained in Appendix F of the manual, complete the application and return it and a copy of the required resolution to the Bureau at the address on the bottom of this letter. The resolution criteria are contained in Item 5 of the application. Note that Items 2 and 8 (advance payment) of the application require original signatures. You must retain a copy of the completed grant application and manual, and make them a part of your grant file since they contain the requirements and the forms you must use to manage your grant and submit reports to the Department. The deadline to apply is January 31, 2003, ~5:00 PM, Eastern Standard Time. Applications will be processed in the order that they are received. We have determined that your grant award will not exceed $94,02?.89. Please use this amount when developing your application's budget. Thank you for your cooperation and support to improve and expand access to quality EMS. Please contact me at (850) 245-4440 extension 2737 if you have any questions. Edward L. Wilson, Jr. Program Administrator Enclosure: County Grant Program Manual, January 1998 A~'~ cc: Diane Flagg No. DEC 1 7 2002 Phone (850) 245-4440 Fax (850 ~488-9408 -' 4052 Bald Cypress Way Bin C-18. Tallahassee, FL 32399-1738 www.doh.state.fl.us/ems/ -Emergency Medical Services (EMS) County Grant Application State of Florida Department of Health Bureau of Emergency Medical Services Grant No. C. 2011 1. Board of County Commissioners (grantee) Identification: Name of County: Collier Business Address: B~ilding H- 3rd Floor- 3301 Tamiami Trail East Naples, FL 34112 Phone#( 239 774 - 8459 SunCom#( ) 2. Certification: I, the undersigned official of the previously named county, certify that to the best of my knowledge and belief all information and data contained in this EMS County Award Application and its attachments are true and correct. ,,,~ signature acknowledges and ensures that I have read, understood, and will comply fully with the Flodda EMS County Grant Manual. Printed Name: James N. Coletta Title: Chairman Signature: Date Signed: (Authorized County Official) 3. Authorized Contact Person: Person designated authority and responsibility to provide the department with reports and documentation on all activities, services, and expenditures which involve this grant. Name: Captain Diana Watson 'T'~tle: Grant/Budget Coordinator BusinessAddress: Collier County EMS Buildin~ H 3301 Tamiami Trail. ast NaPles Florida 34112 (City) (State) (Zip) Phone#(239 ) 774- - 8459 SunCom#( ) - County's Federal Tax Identification Number: VF 59 6000558 L l' Agend~ I em I 9sc 'I, 7 ~002 ,{id ,..1~ ,"-.- ~,v ,,, ~ - B. APPLICATION (Requires Signature) REQUEST FOR COUNTY GRANT DISTRIBUTION (ADVANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of section 40f.'l f 3(2)(a), F.S., the undersigned hereby requests an EMS county grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of Commissioners Name of Board of County Commissioners (Payee) 3301 Tamiami Trail East Address Naples, FL 34112 (City) (State) (Zip) Federal Tax ID Number or County:5 9 6 0 0 0 5 5 8 Authorizing County Official SIGNATURE: Date: Printed Name: James N. Coletta Title: Chairman SIGN AND RETURN WITH YOUR GRANT APPLICATION TO Department of Health Bureau of Emergency Medical Services EMS County Grants 4052 Bald Cypress Way, Bin C-18 Tallahassee, Florida 32399- ~ 738 For Use Only by Department of Health Bureau of Emergency Medical Services 4mount: $ Grant Number: Approved By: Date: Signature, State EMS Grant Officer =iscai Year: 4mount: $ Or.qanization Code E.O. O.C.A. Object Code ~4-25.,60-00-000 NU N2000 730060 Federal Tax LD. V!=_ Beginning Date: Ending Date: Ho. _D / DEC 1 7. 20 )2 4 AppfOYe~3 as 0 form '~H i~,l;~ffi - 5. Resolution: Attach a resolution from the Board of County Commissioners certifying the monies ~ 'm the EMS County Grant will improve and expand the county's prehospital EMS system and that the ~rant monies will not be used to supplant existing county EMS budget allocations. 6. Work Plan: WorkActivities: 'lqme Frames: Bid, Purchase, and distribute equipment 6-12 months after contract begins Provide training 6-12 months after contract begins Purchase software 6-12 months after contract begins oEc 2oo2J .[ lilT. SOLUTION NO. ~00l- A RESOLUTION OF THE BOARD OF COUNTY cOMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS coUNTY GRANT FUNDS WILL IMPROVE AND EXPAND pRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT EXISITING couNTY EMS BUDGET ALLOCATIONS. WI{~.~u%~, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEILEA$, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of out-of-hospitai emergency medical 2 NO%V, THEREFORE, BE 1T RESOLVED BY THE BOARD Of cOUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; · .~ ['he $94,027.89 in the EMS Grant '*,ill be used to purchase me&cai rescue equipment, data collection equipment, computer software, and training classes and these f~nds wdl not be used to supplant existing EMS Department budget allocations kS This Resolution adopted this day of 2002 after moUon, second and majority xote 1_ 6 hvoring same. DATE: 27 ATTEST: BO/LRD OF cOUNIY COMMISSIONERS Dwight E. Brock, Clerk Collier CountL Florida By:____ By: James N. Coletta, Chawman '9 State of FLORIDA County of COLLIER 2O I HEREBY CERTIFY THAT this is a true and correct copy ora document on 2 1 file in Board Minutes and Records of Collier County. wITNESS my hand and official seal this_ day 2 2 of ~. Approved as to form and legal sufficiency  AssiStant County Atlomcy 24 BY: Date:. 1 7 2OO ' EXECUTIVE SUMMARY APPROVE THE BUDGET AMENDMENT TO THE OLDER AMERICANS ACT GRANT CONTRACT OBJECTIVE: The execution of this budget amendment is necessary to increase the spending authority in accordance with the grant contract agreement. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 28 years through the Older Americans Act program. This amendment to the continuation grant will increase the original contract spending authority in the Title III B portion of the contract by $52.285 ~br the period January 1, 2002 through December 31, 2002 and the Title III-E portion by $117.103. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: This will increase the County's budget for direct service. Funding will come from an increase of $169.388 in the original contract of the Older Americans Act, contract #OAA 203.02. However amendment will not require additional matching county funds. .,--, RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the budget amendmg.}at to the OA~ grant. Prepared b>.X,.: ~jt.~/ ,,t · . ~ Date: ,/~,~/~ :.-~_~errl Darnels, Serv,ices for Seniors Accountant Approved by: ~ Date: r ' lams, Social Services Director / / Reviewed and ~ Approved by: Date: n Dunnuck, Public Services Administrator DEC 1 7 2002 Contract #OAA203.02 Pagel THIS AMENDMENT, entered into between the Area A~enc¥ on Ag/rig for Southwest Florida, Inc. d/b/a/Senior Solutions, hereinafter referred to as the "agency" and the Collier County Board of County Commissioners, hereinafter referred to as the "recipient", mends contract #OAA 203.02. 1. The purpose of this amendment is ac follows: A. Add Case Management/Case A/de to Title III-B services under OA.A at the current CCE Rates per county, B. Add the following Emergency Alert Response System Providers under OAA - Title I]I-B at the corresponding per day/per unit rates, Nightingale Inc. ($1.00), Guardian Medical Monitoring, ($0.68), Security Link, ($0.80) and Care 24, ($0.72). 2. Section 1I is hereby amended to read: H. The Agency A~ees: Contract .~nount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed _ $ 1,029,124.00 subject to availability of funds. The State of FIonda's performance and obligation to pay under this contract is contmgent upon an annual appropriation by the Legislature. The costs if serwices paid under ant otb. er conn'act or from any other source are not elig/ble for reimbursement under this contract The schedule of funds awarded to the provider pursuant to this contract is in grants and aids appropriations and consists of the following: Program Title Year Funding Source CFDAg [ Funding Amounts Title 1211 B 2002 U.S. Dept. of Health 93.044 045 $ 51,290.00 Lead Agency And Human Services Title 1TI B 2002 " $279,917.00 Support Services PSA I & R 2002 " $38,139.00 Title 111 B 2002 " $3,638.00 Carry. Forward Title 1II C1 2002 U.S. Dept. of Health $37,360.00 Lead Agency And Human Services Title HI C1 2002 " $211,704.00 Congregate Meals Title HI C1 2002 " $9,664.00 Carry Forward Title HI C2 2002 U.S. Dept. of Health $33,808 00 _ Lead Agency And Human Services ' ~'f' _. ntie HI c2 2002 - Home Delivered Meals ~5/[ENT # 1 Contract #OAA203.02 Pag¢2 Title III C2 ' 2002 Carry Forward $1,816.00 Title Ill E 2002 $12,284.00 - Lead Agency Title III E 2002 $69,610.00 Support Services Title IH E 2002 $ 88,315.00 Carry Forward Total Funds Contained In this Contract: $1,029,124.00 3. This amendment shall be effective on the date ir is signed by both parties. All provisions in the con~'ac: and any attachments thereto in conflict with this amendment shall be and hereby changed to conform to tkis amendment .MI provisions not in coraqict w4th this ame.':dment are still in effect and are to be performed at the level specified in the contract and the Mas:er A~eement. Th.is amendment and ail its aaachrnents are kerebv made a part of the contract. ~N WII2VESS WI-FEKEOF, the paT, es hereto have caused this 2 page amendment to be executed by their officials thereunto duly authorzed. PROVIDER: ?G~,_EA AGENCY ON AGI2NG Collier County. FOR SOUTH"EST FLORIDA, ~N'C. Board of ~'b/a SENIOR SOLUTIONS OF County Commissioners SOL~rHWEST FLORIDA SIGNED BY: 7; ,~ ~"~ ~'. -.. SIGN'ED BY: NAMe: -:-~r','~- ~>t.,:., [ N,&ME: Christopher Likens TrrLE: d'~ ,'Fd,~ TrI'LE: Board President DATE: DATE: July 8, 2002 EXECUTIVE SUMMARY .... TO AWARD BID #03-3443 FOR PURCHASE AND DELIVERY OF BOTTLED DRINKING WATER AT AN ANNUAL COST OF $35,000. Objective: To obtain bottled drinking water for use by various County departments, in a cost efficient and responsive manner. Considerations: Bid #03-3443 was posted on November 18, 2002 with notices of invitation to bid sent to sixteen (16) vendors of which four (4) vendors requested complett:: bid packages. Bids were received from two (2) vendors and opened on November 27, 2002. Please refer to the bid tabulation included with this summary. Staff has reviewed the proposals and wishes to award to Zephyrhills Natural Spring Water as the lowest qualified bidder. Growth Mana.qement Impact: This will not affect the Growth Management Impact. Fiscal Impact: The fiscal impact associated with this item is estimated to be $35,000 annually. Funds are appropriated in the operating budget of the using department for fiscal 2002/2003. Recommendation: That the Board of County Commissioners award Bid #03-3443 to Zephyrhills Natural Spring Water in the manner specified herein. Prepared by: . U. Date , = /~/,., 4. Fr~ E: Blatchle¢' Purchasing Agent Reviewed and " .C__~.~t , ~/ ~te~hen ~. Carne~, Date i ~ .5' I Purchasing/General Services D~irector Reviewed and ~,~ /,.~'~ Approved by: Date a, Jo-Anne Leamer, Administrative Services Administrator EXECUTIVE SUMMARY AWARD CONTRACT FOR MANAGEMENT SERVICES FOR PELICAN BAY SERVICES DIVISION PURSUANT TO RFP #02-3411, IN THE ANNUAL AMOUNT OF $48,000. OBJECTIVE: To obtain professional management services for the Pelican Bay Services Division. CONSIDERATIONS: 1. The Community of Pelican Bay has been designated a dependent Municipal Services Taxing 'and Benefit Unit (MSTBU) district within Collier County and oversees the operations of the Pelican Bay Services Division (PBSD) as per Collier County Ordinance #2002-27. The Community thus receives all County Services directly from Collier County and all special, non- County services and benefits from the PBSD. Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for the special i:'BSD services and amenities. These PBSD funds are collected by the County but are administered by the Manager of the Pelican Bay Services Division. Inasmuch as all funds administered by the Manager are derived from Pelican Bay property ...--, owners, and all services, programs and projects are done to benefit these same property owners, it is desirable to hire a professional Manager to manage these funds and the PBSD activities for the benefit of the Pelican Bay Community. The PBSD Board acts for the Board of County Commissioners in the day-to-day operational direction of the Manager of the PBSD as per Section 13, Items D and E of the Ordinance. 2. RFP #02-3411 was posted on July 26, 2002. One hundred and three (103) inquiries were sent' to vendors, twelve (12) full packages were requested, and one (1) proposal was received by the due date of August 16, 2002. The sole proposal was from Severn Trent Services, the firm that currently holds the contract for these services. A Selection Committee meeting was held on August 20, 2002 to review and score the proposal. After discussion by the committee members, by consensus the decision was made to award a contract to the sole proposer, Severn Trent Services. On a maximum 100 point scale, the individual member scores ranged from 90 to 98, which indicated that the firm exceeded the requirements of the RFP and is well qualified to continue to perform the identified tasks. FISCAL IMPACT: The annual dollar amount of this contract is $48,000, and is budgeted in Pelican Bay MSTUBU Fund (109) and Pelican Bay Street Lighting Fund (778). GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. Page Two Executive Summary RFP O2-3359 RECOMMENDATION: That the Board of County Commissioners award RFP 02-3411 to Severn Trent Services, and authorize the Chairman to sign the standard, County Attorney approved agreement. SUBMITTED BY: ~3"~c&,, ~. ~/..,N...../;/c% ~"(- Date: /'//'~ F, Le'1sey ag2~r~l, Senior Purchasing 8: Contracts Agent REVIEWED BY: ' "~~"' . "_~"; ~.. //"~ Date: (" '~ Steve carnell. Purchasing/General Services Director .APPROVED BY: ,,,/"~/,~,.~../~-- Date: 1~,,/~,i~ ~ Jo-Anne Leamer, Administrative Services Admini§'trafor EXECUTIVE SUMMARY Award Bid #03-3426 for Quick Copy Services (Estimated annual cost of $30,000). Objective: To obtain quick copy services for use by various County departments, in a cost efficient and responsive manner. Considerations: Bid #03-3426 was posted on October 28, 2002 with notices of invitation to bid sent to thirteen (13) vendors of which four (4) vendors requested complete bid packages. Bids were received from two (2) vendors and opened on November 13, 2002. Please refer to the bid tabulation included with this sumr ~ary. Analysis of bids consisted of selecting one quantity from each area within a section and multiplying the price per copy to get an overall cost per vendor. Staff has reviewed the proposals and wishes to award to Cecil's Copy Express for all categories except Section III, Items A, B and C. Staff has concluded that the prices quoted for these items are too high and will re-bid these items separately at a future date. Growth Manaqement Impact: This will not affect the Growth Management Impact. Fiscal Impact: The fiscal impact associated with this item is estimated to be $30,000 annually. Funds are appropriated in the operating budget of the using department for fiscal 2002/2003. Recommendation: That the Board of County Commissioners award Bid #03-3426 to Cecil's Copy Express in the manner specified herein. Prepared by: -.(-: L¢,'' ~,.~.',_ ~.~ /~-.-,¢ Date ~2/,' /o '-~ Fred"E. Blatchl~y // Purchasing Agent Reviewed and :" ~ ." Approved by: ~, c~, ~----z/¥,//(/ Date Stephen Y. Carnetl, Purchasing/General Services Director Reviewed and ~ Approved by: Date Jo-Anne Leamer, Administrative Services Administrator p,... / _ DEC EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO COMPLETE THE IMPLEMENTATION OF THE NEW INTEGRATED FINANCIAL MANAGEMENT SYSTEM. OBJECTIVE: To reconcile the project budget to ensure commencement of the new integrated financial management system. CONSIDERATIONS: The County's new integrated financial management system is moving into live production beginning in December. As of this writing, the key system applications (Finance, Payroll, Human Resources/Benefits/Time, Materials Management) are on schedule to be "live" on or before January 2, 2003. On November 5, 2002, the Board authorized staff to engage Rapidigm, Inc. to conduct a quality assurance review of the project prior to going into live production. The scope of this review included a review of the system configuration; pre-production test results; business procedures and knowledge transfer efforts. The scope of the engagement included the financial, budget management, materials management, human resources and payroll functions. At that time, staff indicated that additional funds would be required to finish the project and to obtain strategic support after the system is in live production. ..-.. As of this writing, a preliminary draft of the report indicates that all system modules and most business procedures are sufficiently complete to go into live production and that County staff members are generally able to operate and support the basic functions of the system in its current configuration, The preliminary report also finds that County staff will require additional hands on assistance and supplemental training to be able to conduct major reconfigurations of the system in the future. Based on the initial findings, staff from both the Board and Clerk of Courts agencies recommend that the need for additional post go live services be analyzed further and that a complete recommendation be brought to the Board in late January or February. In the meantime, additional funds are required to finish the initial implementation. The initial "go live" date was delayed three months. Under the implementation agreement, the project integrator was not entitled to and did not receive any additional fees. However, that same agreement does require the County to reimburse the integrator for additional monthly travel and living expenses for the integration team members resulting from the extended schedule. To this end, staff has negotiated and approved an amendment to the Cedar agreement to modify the go live schedule and adjust the payment and expense reimbursement schedule accordingly. The SAP system and integrator agreement include the delivery of numerous standard reports. In the last several weeks, staff members have identified several non-standard or "custom" reports in vadous functional areas that are required to conduct business properly at or immediately after commencement of the system. Services pertaining to specifying, developing and testing custom reports were not included in the integrator's odginal scope of work. Given ........ the imminent need for these reports, staff has negotiated a subsequent amendment to engage Cedar to produce them. The amendment, which requires Board approval, calls for services to AGENDA-ITEM No. /~ ~ ~...~ DEC i7 2002 Pg.. / be provided on a time and materials basis in an amount not to exceed $97,500. A list of these custom reports is enclosed. The revised contract amount with Cedar would be $1,823,470. FISCAL IMPACT: In order to complete the initial go live implementation, the following additional funds are required: Quality Assessment Report (Rapidigm) $47,000 Expense Reimbursement for extended implementation period $94,000 Custom Report specifications, development and testing $97,500 Total Additional Funds Required $238,500 In order to pay for these expenditures, staff recommends appropriating a portion of the excess fees received from the Clerk of Courts agency at the end of the previous fiscal year. Additional excess fees turned back from the Constitutional Officers are outlined in the chart below: Constitutional Officer FY 02 Forecast FY 02 Actual Variance from Forecast Sheriff $0.00 $372,843.00 $372,843.00 Tax Collector $1,000,000.00 $1,139,217.25 $139,217.25 Property Appraiser $100,000.00 $592,733.97 $492,733.97 Supervisor of Elections $200,000.00 $304,223.55 $104,223.55 Clerk of Courts $2,000,000.00 $7,722,922.48 $5,722,922.48 Total $3,300,000.00 $10,131,940.25 $6,831,940.25* *Note: $192,843 was previously -appropriated to complete Sheriffs Office capital improvements. Individually, the Clerk's Agency turned back $7,722,922.48, which is $5,722,922.48 above the amount forecast in FY 02. Collectively, the Constitutional Officer turned back $6,831,940.25 above the amount anticipated in FY 02. It is recommended that $238,500 of the excess fees be appropriated as detailed above for the Rapidigm quality assessment report, the expense reimbursement for the extended implementation period, and custom report development. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners 1) approve an amendment to the agreement between the County and Cedar Enterprise S'~lutions Inc. in an amount not to exceed $97,500 to complete a series of custom reports needed for post go live production and that the Purchasing/General Services Director be authorized to execute the amendment on behalf of the County and 2) approve a budget amendment in the amount of $238,500 to address the additional costs referenced herein. AGENDA ITEI~I No. /~ _._~.. DEC 17 2002 Stev~ Ca~m~"~l', Purchasing/General Services Director REVIEWED BY: '"~'mes Date: /z ~_~J 2.- Jo-Anne Leamer, Administrative Services Administrator "-' AGENDA ITEM No,_ /~;..~'~ DEC 17 Z002 I~,, BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CO~SPONDENCE December 17, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 16, 2002 through November 22, 2002. B. Districts: 1. Tuscany Reserve Community Development District - Minutes of October 14, 2002 2. Fiddlers Creek Community Development District - _Minutes of November 20, 2002. 3. Collier Mosquito Control District - Amended Final Annual Certified Budget. C. Minutes: 1. Vanderbilt Beach M.S.T.U. - Agenda for December 5, 2002; Minutes of November 7, 2002. 2. Development Services Advisory Committee - Agenda for December 4, 2002; Minutes of November 6, 2002 3. Collier County Airport Authority - Agenda for November 18, 2002; Minutes of October 14, 2002. 4. Collier County Contractor's Licensing Board - Agenda for November 20, 2002. 5. Historical Archaeological Preservation Board - Agenda for November 20, 2002; Minutes of October 16, 2002. 6. Collier County Planning Commission - Agenda for November 21, 2002; Minutes of October 17, 2002. 7. Golden Gate Fire Control and Rescue District - Agenda for November 13, 2002. AGLNDA ITEM 1) Guy L. Carlton, Tax Collector - Budget Amendment rran H:Data/Format Pg' - EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from November 23, 2002 through December 6, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance xvith State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened fbr the period November 23, 2002 through December 6, 2002. This report is availzLblc 2)r inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: There is ~o Growth Management Impact related to this item. RECOMMENDATION: That the Board of C~>tmty Commissioners make a determination of whether the purchases of goods and sc~': ices documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: ~ ~.. ~ Date: /~/~/~,~------ ~'nes L. Mitchell, CIA, CFE, CBA t t Dire :tor of Finance and Accounting Reviewed and r~.~ ~q ~.~ Approved By: ~ Date: De~'ek Jo~ssen General Accounting Manager EXECUTIVE SUMMARY APPROVE OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCELS 120A AND 120B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COLLIER DEVELOPMENT CORPORATION, ET AL., (Goodlette. Frank Road, Pine Ridge Road to Vanderbilt Beach Road, Project) in the amount of $2,500. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest designated as Parcels 120A and 120B for the Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) project in the lawsuit entitled Collier Count. v. Collier Development Corporation, et al., Case No. 02-1480-CA. CONSIDERATIONS: On August 27. 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 120A and 120B for the Goodlette- Frank Road (Pine Ridge Road to Vanderbilt Beach Road) project (Project No. 60134). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of Two Thousand and No/100 Dollars ($2,000.00) for Parcels 120A and 120B in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Collier Development Corporation. Collier Enterprises, Ltd. and Isabel Collier Read, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97, duly adopted by the Board of County Commissioners on February 12, 2002, as amended by Resolution No. 2002- 145). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Four Thousand and No/100 Dollars ($4,000.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcels 120A and 120B, and Five Hundred and No/100 Dollars ($500.00) to be paid to Henderson, Statues & Holt, P.A., c/o Charles J. Basinait, Esq. as attorney fees. The Respondent has agreed as part of the settlement to convey by quitclaim the remainder property to Collier County. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. AGENDA ITEM .o. DEC 17 2OO2 / FISCAL IMPACT: ( Funds in the amount of $2,500 will come from the Transportation Supported Gas Tax Funds or Impact Fees. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $2,500.00 into the Registry of the Court. ; / SUBMITTED BY: ~ ,. , .t : -- --------- Date: Heidi F. Ashtoh Assistant County Attorney' A1 Ruth, Senior Project Manager Transportation Utilities and Engineering,~. x-~ ~ /.~ Department REVIEWEDBY: '..-' - ~ ~'" c? Date: Gregg Strakaluse Transpo~tion Engineering Director No~eder TranSlation Administrator APPRO~D B~: ~_L ~~Date: ~David C. Weigel County Attorney AGENDA 17~7M D.u 1 7 2002 2 Pg" IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-1480-CA Petitioner, Parcel Nos.: 120A & 120B VS. COLLIER DEVELOPMENT CORPORATION: et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by' and through its undersigned counsel, and Respondents COLLIER DEVELOPMENT CORPORATION, COLLIER ENTERPRISES, LTD., and ISABEL COLLIER RE,a~, by and through their undersigned counsel, Charles J. Basinait, Esquire of Henderson, Franklin, Statues & Holt, P.A., for entry of a Stipulated Final Judgment as to Parcel Nos. 120A and 120B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, COLLIER DEVELOPMENT CORPORATION, COLLIER ENTERPRISES, LTD., and ISABEL COLLIER READ, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, COLLIER DEVELOPMENT, CORPORATION, COLLIER ENTERPRISES, LTD., and ISABEL COLLIER READ have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousan a~~}~}'~ DEl, 1 7 2002 Dollars ($4,000.00) for Parcel Nos. 120A and 120B as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondents COLLIER DEVELOPMENT CORPORATION, COLLIER ENTERPRISES, LTD, and ISABEL COLLIER READ will convey fee simple title to the Remainder Tract of Parcels 120A and 120B to Petitioner, COLLIER COUNTY, FLORIDA, by quitclaim deed, within 30 days of this Stipulated Final Judgment, and that Petitioner, COLLIER COUNTY, FLORIDA will accept said conveyance by quitclaim deed, and Respondents, COLLIER DE\"ELOPMENT CORPORATION, COLLIER ENTERPRISES. LTD., and ISABEL COLLIER RE.,-~D represent that they have taken no action resulting in liens and encumbrances on said property since March ' - ,>, 2002. it is further ORDERED that Respondents, COLLIER DEVELOP*'rENT CORPORATION. COLLIER ENTERPRISES, LTD., and ISABEL COLLIER READ receive from petitioner as a reasonable attorney fee the sum of Five Hundred and No/100 Dollars ($500.00). Except as provided herein. no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 120A and 120B; it is further ORDERED that Petitioner shall deposit an additional Two Thousand Five Hundred and No/100 Dollars ($2,500.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of Four Thousand and No/100 Dollars ($4,000.00) referred to above; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Five Hundred and No/100 Dollars ($500.00) to Henderson, Franklin, Statues & Holt, P.A., c/o Charles J. Basinait, Henderson, Franklin, Starnes & Holt, P.A., 1715 Monroe Street, P. O. Box l[~ul~'§rt---Jz~J '~- '-/--i Myers, FL 33902-0280, for attorney's fees; it is further ! DEZ 1 7 2002 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3020, Page 2794 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 120A and 120B; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE ANq) ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2002. Hugh D. Haves Circuit Court Judge conformed copies to: Heidi F. Ashton. Assistant County Attorney Charles J. Basinait. Esquire Robert Pritt. Esquire Thomas C Palmer, Esquire Jean C. Howard. Esquire E. Glenn Tucker. Esquire JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request t?:is Court to enter the foregoing Stipulated Final Judgment as to Parcels 120A and 120B. Dated: /o/z- ~ /'o ,' Dated: ~-----, CHARLES ~. BA$INAIT, ESQUIRE HEIDI F. ASHTON, ESQUIRE Florida Bar No. 357278 Florida Bar No. 0966770 Henderson, Franklin,'Stames & Holt, P.A. Assistant County Attorney 1715 Monroe Street, P. O. Box 280 3301 East Tamiami Trail, 8th Floor Fort Myers, FL 33902-0280 Naples, Florida 34112 (239) 3344121 - Phone (941) 774-8400 - Phone (239) 334-4100 - Facsimile (941) 774-0225 - Facsimile Attorney for Respondents Attorney for Petitioner [" ,~,G---~.2~--'~' [ r,r'.- PRO, CT NO.= :IT P,O' C,,ARCEL ,O.; I 0A EXH!B. TAX PARCEL NO. :ooz-~¥& t llo'~ Pm~..~v.~ 7~ -/ GRAPHIC SCALE ~ ~ CARtSA-ROAa-NOR ~ t Or 4 FLO~DA ~WER ~ LOT 3 1~ ~ ~ ~ ~MPANY ~ ~ ~ ~ m POINT OF COMM~C~ENT ~OF ~ ~ ~ BEGINMNG L~ ~ t ,o ,~,'1 I ~*~'. .... ~ mt n // ~E SIMPLE INTEREST ~ LEGEND: LOT ~ ~~ ~ II ~1 ..... ~ .... I d,,~ II o.R. INDICATES OFFIOAL RECORDS O) ~s ~**m~ ~[m I ~/~ / PG. INDICA~S PAGE ~ ~ ~ I CI~OF ~ - - J ~ Il' NAPLES P.C.P. INDICATES PERMANENT CONTROL POINT ~ ~ a ~ I. ~i / ON ~[ EAST RI~T AND RES~IC~S ~ RECTO. 4. ~OT VkUD ~T ~EET 2 E 2. SKETCH AND DESCRIPTION SECTION ~. TOWNSHIP 49 SOUm. RANGE r,.,,.~.,. ,,,..,:~'t'"'"'~"°' ,~,~ J JOHNSON ENGINEERING. IN~. ' ~'' 't Not volld w(thout tho ~lgnalure and theoriginal railed ~ ~ ~ se~ of a Florida Licensed Surve~ andMapper. 9-01 ~ 25313 PROJECT NO. : 60134. ,,,o,.oT PAR0 L "O. EXHIBIT../L DESCRIPTION: PARCEL 120A A PARCEL OF LAND LOCATED IN SECTION .3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION .3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89'50'32" WEST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 864.53 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 07',:37'57" WEST, A DISTAhCE OF 259.64 FEET; THENCE RUN SOUTH 06'.37'57" WEST, A DISTANCE OF ,~1.82 FEET; THENCE RUN SOUTH 89'52'12" ',NEST, A DISTANCE OF 10.45 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF OOODLETTE-FRANK ROAD (130' R/W); THENCE RUN NORTH 07'08'12" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 301,18 FEET TO AN INTERSECTION WITH SAID NORTH LINE OF SECTION ,:3; THENCE RUN NORTH 89'50'32" EAST ALONG SAID NORTH LINE, A DISTANCE OF 12.52 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.077 ACRES CF LAr,~D, MORE OR LESS. , E FEE SIMPLE INTEREST NO,-~.L_ SKETCH AND DESCRiPTiON ~.....,,,.~ 1 7 2002 SECT,ON 3, TOWNSHIP 40 SOU~. RANGE 25 EAST Pg-~ ,~ .. COLLIER COUNTY, FLORIDA ~ dO~ No.: o,3, EXHIBIT PROJECT PARCEL NO. : 120~ TAX PARCEL NO.: I~llg~f_Z,12~ GRAPHIC SCALE LOT 1 CARtCA R~'--NO,9~ ( IN FEET ) ~ I inch = 200 fL LOT 4 FLO~DA LOT 3 ~o · [[v~ COMPANY o ~ .~ ~ m POINT OF COMMENCEMENT PARCEL POINT OF BEGINNtNG LOT 17 3 LOT 1~ / J LEGEND: ~' ~1 ~,m,A~.~,a O.R. iNDICATES OFFICIAL RECORDS ' om ~rs a e*m~* ~a.z~ PG. INDICATES PAGE 9 C~OF P.C.P. INDICATE9 PER~ANENT CON~OL POINT ~1 ~ o~m~ I. ~lS IS NOT A SURLY. ~ ~ .... CE ........ , / 2. BEARINGS ~O. HE~ON ~E B.SED a ~s L ~Z ON ~E EAST RI~T OF WAY LINE ~ GDODLE~-~K ROAD ~1~ HAS A  BEARiNg OF N. 0~B'12' E. 5. SUB,CT TO EASEMENTS. RESERVA~S AND RES~JCTI~S OF RECORD. FEE SIMPLE INTEREST 4. NOT VAUO ~T ~E~ 2 OF 2. SKETCH AND DESCRIPTION DSt 17 20J2 SECTION 34, TO.SHIP 48 SOUTH, RANGE 2[ EAST ~aol of o Florldo Llcanmad Surfer ond Mopper. 9-01 3~-25 1' - 2~' . 1 ~ 2 PROJECT NO. : 60134- P,~cT P,,cE, ,o.: ,so, EXHIBIT TAX PARCEL NO. : ~l~~f /~' DESCRIPTION: PARCEL 1208 A PARCEL OF LAND LOCATED IN SECTION .34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89"50'.32" WEST ALONG THE SOUTH LINE OF SAID SECTION .34, A DISTANCE OF 884.5.3 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'50'.32" WEST ALONG SAID SOUTH LINE OF SECTION ,34, A DISTANCE OF 12.52 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (150' R/W); THENCE RUN NORTH 07'08'12" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LtNE, A DISTANCE OF 228.92 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE OF THAT PARCEL OF LAND AS RE~ORDED IN CFFICIAL RECORDS BOOK 524, PAGE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH .31'34'22" EAST ALONG SAID BOUNDARY LINE, A DISTANCE OF 22.76 FEET; THENCE RUN SOUTH 07'57'57" WEST, A DISTANCE OF 209.58 FEET TO THE SAID POINT OF BEGINNING. , CONTAINING 0.067 ACRES OF LAND, MORE OR LESS. FEE SIMPLE INTEREST SKETCH AND DESCRIPTION I ~ r- SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 ~AST "1 ? 2002 oo,..E,, co,.,,.,-.,., ,",o,,:,A JOHNSON ENGINEERING. lNG,! P:- - Ir#ll#EIrRl. lURVIryoRIANn KOLGIIITI --- I:' ,-o, i-,,... EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS LORENZO DIAZ AND CECILIA DIAZ, BOTH INDIVIDUALLY AND AS TRUSTEES, FOR PARCEL NO. 169 IN THE AMOUNT OF $14,400 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT g60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Lorenzo Diaz and Cecilia Diaz, both individually and as trustees of the Lorenzo and Cecelia Diaz Revocable Trust dated October 28, 1999 ("Respondents"), in the amount of $14,400, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 169 in Collier County v Ismael Gonzales, et al., Case No. 02-2159-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 169 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier Coun~ deposited with the Registry of the Court the sum of $12,000 for Parcel 169 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Lorenzo Diaz and Cecilia Diaz, the sum of $14,400 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $2,400 into the registry, and the total sum of funds on deposit, or $14,400, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $14,400 for Parcel No. 169, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. C~ FISCAL IMPACT: Funds in the amount of $2,400.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. AGENDA IX~au" NO. ~ DEC 1 7 2002 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $2,400 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: ~: , ' '---------- Date: Heidi F. Ashton Assistant County Attorney REVIEWED BY: Date: Kevin Hendricks. ROW Acquisition Manager Transpo~ation RO\\? , REVIEB~D BY: ' ' ," "~ Date: Gregg Strakaluse. Director Transportation' E C M ,A ~V~D BY: //q~-, .) I,.:~.~ Date: N~ feder, Admi, nistrator Trans~ation Dix ision ~PROVED BY~ ~~D_ ~ /¢~~~Date: ~6 ~vid C. Weige[ dounty Atto~ey AGENDA ITEM NO. DEC I 7 2002 2 Pg. __~ .... IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2159-CA Petitioner, Parcel No.' 169 ISMAEL GONZALES, et al., Respondents. / OFFER OF JUDGMENT TO: Lorenzo Diaz, individually & Trustee Cecilia Diaz. individually & Trustee c/o Kenneth A. Jones Esquire ROETZEL & ANDRESS 2320 First Street. Suite 1000 Fort Myers. FL 33901 Plaintiff. COLLIER COL., .TY. FLORIDA. pursuant to Section 73.032. Florida Statues. and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, LORENZO DIAZ. Individually and as Trustee of the Lorenzo and Cecilia Diaz Revocable Trust Dated October 28, 1999; and CECILIA DIAZ. Individually and as Trustee of the Lorenzo and Cecilia Diaz Revocable Trust Dated October 28, 1999, for all compensation. including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, Respondents, LORENZO DIAZ, Individually and as Trustee of the Lorenzo and Cecilia Diaz Revocable Trust Dated October 28 .... DEC 1 7 20fl2 CECILIA DIAZ, Individually and as Trustee of the Lorenzo and Cecilia Diaz Revocable Trust Dated October 28, 1999, arising out of the taking of Parcel 169, in the total amount of Fourteen Thousand Four Hundred and No/100 Dollars ($14,400.00), for Parcel 169, which includes the amount of $12,000.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available ~br the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of November. 2002. OFFICE OF THE COUNTY ATTOP~NEY Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile 135': HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER A(~EI'~, ~ ITEM DEC 1 ? 2002 CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct cop3' of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this __ day of .2002. HEIDI F. ASHTON, ESQUIRE AGENI~,A JT~M DEC 1 7 2002 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS EARL E. LIGHTCAP, JR. AND BARBARA C. LIGHTCAP, FOR PARCEL NO. 170 IN THE AMOUNT OF $12,600 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT g60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Earl E. Lightcap, Jr. and Barbara C.Lightcap ("Respondents"), in the amount of $12,600, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 170 in Collier County v lsmae! Gonzales, et al., Case No. 02-2159-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 170 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $10,500 for Parcel 170 in accordance with the Order of Taking. -"'- The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel. Earl E. Lightcap, Jr. and Barbara C.Lightcap, the sum of $12,600 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder. and costs to cure, but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $2,100 into the registry, and the total sum of funds on deposit, or $12,600. will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $12,600 for Parcel No. 170, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable FISCAL IMPACT: ~,Funds in the amount of $2,100.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. NO. DEC pg RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $2,100 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. ~pprove Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: ~, ( ,, neidi F. Asht'6n ' Date: /,. /,) Assistant County Attorney REVVED BY: Date: Kevin Hendricks. ROW Acquisition Manager Transponatio~vROW REVVED BY: ~,7, ~ Date: Gregg Strakaluse, Director Transponation/ECM ~ be , Administrator Traffsp~ation Division ~David C. Weigel, County Attorney "-' ;- ~GEND~ OEC ! 7 2002 ,' 2 pg. ~_ ._.~.... IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida. Case No.: 02-2159-CA Petitioner. Parcel No.: 170 ISMAEL GONZALES. et al,. Respondents, OFFER OF JUDGMENT TO: Earl E. Lightcap, Jr. Barbara C. Lightcap c/o Kenneth A. Jones Esquire ROETZEL & ANDRESS 2320 First Street. Suite 100{) Fort Myers. FL 33901 Plaintiff. COLLIER COL~T5. FLORIDA. pursuant to Section "' /~,.u.~_. Florida Statues. and Fla. R. Civ. P. 1.442, does hereby make this bin&ne offer of judgment in this action to the Respondents, EARL E. LIGHTCAP..IR. and BARBARA C. LIGHTCAP, for all compensation. including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents. EARL E. LIGHTCAP, JR. and BARBARA C. LIGHTCAP, arising out of the taking of Parcel 170, in the total amount of Twelve Thousand Six Hundred and No/100 Dollars (5;12,600.00). for Parcel 170, which includes the amount of $10.500.00 which was deposited pursuant to the Order of Taking dated Augus 27'~20t~NO. ~~.. DEC 1 7 2002 There are no non-monetao' terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of November, 2002. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 (941 ~ 774-8400 - Telephone (941) 774-0225 - Facsimile HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER DEC ! 7 2002 CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this day of ,2002. HEIDI F. ASHTON, ESQUIRE AGEND~'Tm DEC 1 7 2002 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS RONALD COMBS AND PHYLLIS J. COMBS, FOR PARCEL NO. 172 IN THE AMOUNT OF $79,560 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL., CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT//60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Ronald Combs and Phyllis J. Combs ("Respondents"), in the amount of $79,560, as full compensation, excepting attorneys fees and costs, for the condemnation of Parcel 172 in Collier County v Ismael Gonzales, et al., Case No. 02-2159-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier Count3, Circuit Court regarding the fee simple acquisition of Parcel 170 for the Immokalee Road project (Project No. 60018). On September 12. 2002, Collier County deposited with the Registry of the Court the sum of $66,300 for Parcel 172 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel. Ronald Combs and Phyllis J. Combs the sum of $79,560 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. but does not include attorney's fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $13,260 into the registry, and the total sum of funds on deposit, or $79,560, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $79,560 for Parcel No. 172, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. ,(~, FISCAL IMPACT: Funds in the amount of $13,260.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. ~" GROWTH MANAGEMENT IMPACT: None. ~GENDA ITF,,M ~ DEC 1 7 2002 pg RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents, and 2. Approve the expenditure of funds as stated; and 3. Authorize $13,260 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. I-I'e-l-d i-F. Ashton Assistant County Attorney ~-'eevin Hendricks, ROW Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM / 1 ~u , ' ' ator Trans ~nation Division APPROVEDBYfi Q'~,..~,~_. ~~_.~" -Date: ~r' 'rr~id C. Weige[~Udt~nty Attome5 BEC I 7 2002 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2159-CA Petitioner, Parcel No.: 172 ISMAEL GONZALES, et al., Respondents. OFFER OF JUDGMENT TO: Ronald Combs Phyllis J. Combs c/o Kem~eth A. Jones Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, COLLIER COUNTY. FLORIDA. pursuant to Section .... /o.uo_. Florida Statues. and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, RONALD COMBS and PHYLLIS J. COMBS, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, RONALD COMBS and PHYLLIS J. COMBS, arising out of the taking of Parcel 172, in the total amount of Seventy-Nine Thousand Five Hundred Sixty and No/100 Dollars ($79,560.00), for Parcel 172, which includes the amount of $66,300.00 which was deposited pursuant to the Order of Taking dated August 27, 2002 DEC 1 7 2002 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of November. 2002. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 - Telephone (941) 774-0225 - Facsimile BY'' HE1DI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this __ day of ,2002. HEIDI F. ASHTON, ESQUIRE ~ no._ DEC 1 7 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND THE STIPULATED FINAL JUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NOS. 114, 115 AND 116 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. CENTEX HOMES, A NEVADA GENERAL PARTNERSH81P, ET AL., CASE NO. 02-1602- CA, (GOODLETTE-FRANK ROAD PROJECT # 60134). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel Nos. 114, 115 and 116 for the Goodlette Road 4-Laning Project Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) in the lawsuit entitled Collier Count. v. Centex Homes. a Nevada General Partnership, et al.. Case No. 02-1602-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Goodlettc-Frank Road 4- Laning Project No. 60134 (Pine Ridge Road to Vanderbilt Beach Road). On September 16, 2002, Collier County deposited with the Registry of the Court the sum of $25,700.00 for Parcel Nos. 114, 115 and 116 in accordance with the Order of Taking. A Mediation Conference was held on November 12, 2002 at which the parties reached a settlement agreement whereby the property owner, Centex Homes, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $195,594.00 to be paid to Respondent in full settlement of all claims for compensation including statutory interest, but excluding expert fees and costs under Section 73.092(1), F.S. The Settlement Agreement provides for $53,944.77 to be paid to Respondent for attorney's fees pursuant to Section 73.092(1), F.S. Respondent has also agreed outside of the Mediated Settlement Agreement to accept the aggregate sum of $36,700.00 to settle all expert fees including appraisal fees and engineering fees. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of $223,838.77 with the Registry of the Court. By adding the sum of $36,700.00, the deposit is increased to $260,538.77. ~.-FISCAL I._._~.AC.T: Funds in the amount of $260,538.77 are available in the Transportation ~"~ SSupported Gas'~ax Fund. Source of Funds are Gas ~,DA~-"--IIEM~...~ DEC 17 2002 NO. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; and 2. approve the attached Mediated Settlement Agreement; and 3. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement and the expert fees to be presented to the Court for entry. Heidi F. Ashton Assistant County Attorney REVIEWED BY: ~Ti~nd~7 ~O~ Ac~ Manager Transponation~C~ROW REV~WED BY: Gregg Strakaluse, P.E., Director Transpo~ation/~M REV ~WED BY: ~o~a~ ~. Feder, Administrator Transpo'~ation Division APPROVED BY: ,,Ote'--o-"~-~,~ (2 ~-'~(-"~- Date: II-"'"d ~'- t~ ,2..- David C. Weigel, Count; A(-~6rney h: LitXEmDomain\Centex-ExSum MedSettlement '~'EC 17 2002 , -' ' 20,02 2, ;77 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-1602-CA Petitioner, ParcelNo.: llSj tlr% 11171 V. CENTEX HOMES, a Nevada general Partnership, et al. Defendants. / MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on July 16, 2002 and continued on November 12, 2002, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Defendant(s), ~I~Pk~x ~0~ the sum of ~ [~ ~b~J?q, a,~oo in ~11 se~lement of all clams for compensation ~om Petitioner whatsoever, including statuto~ interest, but excluding ~ expels' fees, ~d costs.. 2. Petitioner is entitled to a credit in the ~o~t of which wm previously deposited in the Regist~ of the Co~ in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of within ~O days of the actual date of receipt by Petitioner's counsel of a certified copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is sub: ect to a~ ~e Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Defendant's(s) ~ experts' fees, and costs. 7. Attached hereto is an addendum to this Agreement. v// Yes No 8. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitio'~er 6,' e ~ ~ -£1'r, ttza tu ic , Tf Crrl ,5,,'eca;,--Defendant ArChOn[ '~ At e le v d Petitioner. q~. ~/'~ ~ lo~nerV~.....~ _,Defen~/~.xX Xf--~x~~ Attorney for Petit Attorney for Defendant M~ator ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: Pet)ti)oner &re~ $b-~lt~&~, T~crrV D,re/h~( Defendant - A~omey for Petitioner Defen Me EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT PROPOSAL FOR RICKETTS ENTERPRISES OF NAPLES, INC., ET AL. V. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ET AL., CASE NO. 2:01-CV-76-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. OBJECTIVE: For the Board to approve a settlement proposal for Ricketts Enterprises of Naples, Inc., et al. v. Board of County Commissioners for Collier County, Florida, et al., Case No. 2:01-CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. CONSIDERATIONS: This lawsuit arises out of a series of notices of violations and citations given to the plaintiffs as a result of litter on several properties which they own. The plaintiffs contended that they had been improperly cited and that the County and Tony Asaro, a Solid Waste code enforcement officer at the time in question, had racially discriminatory motives in issuing the notices of violations and citations. The County has been represented in the case by Assistant County Attorney, Michael W. Pettit, while the County retained John Potanovic, Esq., of the firm of Henderson, Franklin, Starnes & Holt to represent Mr. Asaro. At a court ordered mediation on December 4, 2002, the parties agreed to the following settlement proposal, subject to approval by the Board of County Commissioners: 1. The County will dismiss approximately fifteen (15) pending citations against Ricketts Enterprises of Naples, Inc., Garfield Ricketts and Newville Roberts. These citations were given for alleged violations of Ordinance No. 99-51 and generally concerned litter on the property or the placement of garbage containers at curbside on non pick-up days. Notably, at least Ricketts Enterprises of Naples, Inc. and Mr. Ricketts have now sold the properties involved in most of these citations that were issued. 2. The parties will execute a settlement agreement containing mutual releases of all claims, costs and attorney fees. 3. Ricketts Enterprises of Naples, Inc. and Mr. Rickctts shall execute a stipulated dismissal with prejudice of Case No. 2:01-CV-76-FTM-29DNF. 4. Mr. Ricketts and Ricketts Enterprises of Naples, Inc. shall expressly retract in the settlement agreement all charges and claims that the County, Mr. Asaro or any of the County's representatives have engaged in a racially discriminatory or bigoted application of Ordinance No. 99-51 or other applicable ordinances or with respect to any federally funded solid waste programs. 5. The County shall pay court costs and mediation costs of Ricketts Enterprises of Naples, Inc. and Mr. Ricketts of up to $1,500.00 and in addition shall pay $3,750.00 to Ricketts Enterprises of Naples, Inc. and Mr. Ricketts within thirty (30) days of Board approval of the settlement proposal. , AGENDA ' 1 DEC 1 7 20,'J. 6. The County shall review its notice of violation and citation procedures with respect to Ordinance No. 99-51 to assure uniform procedures in the administration and enforcement of Ordinance No. 99-51 within sixty (60) days and thereafter render a report of this review to Mr. Ricketts. This settlement proposal is also supported by the Risk Management Department. FISCAL IMPACT: If the Board approves this proposed settlement, the maximum fiscal impact will be less than $6,000.00. At this time, it is estimated that court costs and mediation fees for Mr. Ricketts will be less than $1,000.00 although these are capped at $1,500.00. Funds to pay for this settlement would be paid from the County's Property & Casualty Fund (No. 516- 121-650). If the County rejects the proposed settlement, counsel fees and costs for Mr. Asaro through the filing of a motion for summary judgment to dismiss the case will be $7,500.00 based upon a $150.00 per hour rate being charged by Mr. Asaro's counsel. In addition, counsel fees for the County through the summary judgment stage will run approximately $3,240.00 based upon the $72.00 per hour rate (including cost of benefits) for continued representation by the Office of the County Attorney. Should summary judgment not be granted, it will then be necessary to prepare for trial with additional attorneys' fees and costs to accrue. The County and Mr. Asaro vigorously dispute the allegations of any racially discriminatory motive in the administration and enforcement of Ordinance No. 99-51 with respect to the plaintiffs, or in connection with any solid waste program, but cannot rule out the remote possibility that plaintiffs might prevail on some issue at a trial should summary judgment be unsuccessful. In such an instance, the County would be responsible for the plaintiffs' attorneys' fees and costs. To date, plaintiffs estimate that they have incurred $11,000.00 in attomeys' fees in prosecuting this lawsuit. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve settlement as proposed at the mediation and direct the Office of the County Attorney to prepare and obtain the appropriate and necessary settlement documents and authorize the Chairman to execute those documents once they are approved by the Office of the County Attorney. PREPARED BY: Michael W. Pettit, Assistant County Attorney REVIEWED BY: /fete(Walker, Director, Risk Management Department REVIEWED BY: OEO 1 7 20 2 EXECUTIVE SUMMARY PETITION: CU-02-AR-3278, RICHARD G. LEWIS OF ANCHOR ENGINEERING, INC. REPRESENTING COLLIER COUNTY GOVERNMENT, JOHN JONES, LIBRARY DIRECTOR, REQUESTING A CONDITIONAL USE FOR AN ESSENTIAL SERVICE WITHIN THE "RSF-3" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE DRIVE AND FIRST STREET IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a conditional use permitting an essential service in the "RSF-3" Residential Single Family zoning district per Section 2.6.9.2 of the Collier County Land Development Code allowing for the expansion of the Immokalee Library facility while maintaining the community's best interest. CONSIDERATIONS: The petitioner seeks conditional use approval to allow for the expansion of the existing Immokalee Library that is located on a site that is 2.21-acres in size. The existing library facility is 3,915 square feet in size while the proposed expansion will add another 4,120 square feet. The total floor area of the structure will be approximately 8,035 square feet. Approximately 0.18-acres of the site will be used for the library building area while 1.59 acres will comprise landscape buffers and open space areas. The balance of the project site (0.44-acres) is for the parking and driveways. The subject site has existing ingress/egress points from First Street and from Immokalee Drive that are opposite the intersection with Adams Street. The Transportation Department staff has reviewed the applicant's traffic impact statement (TIS) and they indicate that the proposed library expansion will generate an additional 49 PM Peak Hour trips per day. Based on this information, the site-generated trips will not significantly impact any County road. This petition is therefore consistent with Policy 5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This petition is for a governmental building, and as such, it is exempt from any impact fee payment. GROWTH MANAGEMENT IMPACT: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) and the Immokalee Area Master Plan. In addition, the Land Development Code (LDC) establishes a procedure that may result in approving a development order for the proposed expansion of this essential governmental service facility in the RSF-3 zoning district. Consistency relationships with applicable elements of the GMP are as follows: DEC 1 7 20O2 The subject property is designated (Urban) Commerce Center Mixed Use District, on the Immokalee Area Master Plan Future Land Use Map of the GMP. Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Sub-district shall include shopping center, governmental institutions, middle or high school, community parks and other employment generating uses. In addition, a library is considered an essential service pursuant to Section 2.6.9 and is permitted as a Conditional Use in residential districts pursuant to Section 2.6.9.2 of the LDC. Based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the Immokalee Area Master Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. ENVIRONMENTAL ISSUES: Because the subject 2.21-acre site is less than 10 acres in size, is currently developed and doesn't contain any wetland areas, no Environmental Impact Statement (EIS) was required to be submitted with this petition. In addition, the Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. They have recommended approval subject to an exotic vegetation removal, monitoring plan for the site, with emphasis on the conservatioWpreservation areas, which shall be submitted and approved by the County prior to final site development plan approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's application and have recommended approval. As noted above, the proposed expansion of the Immokalee Library will not impact any environmentally sensitive lands. As a result, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard this petition on December 5, 2002. They unanimously recommend by a 7 to 0 vote to forward this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations contained in the resolution. The CCPC determined that the proposed library expansion is compatible with the surrounding area. Staff has not received any correspondence for or against this petition. Therefore, this petition has been placed on the Summary Agenda. A~~ A DEC 17 2002 2 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff had recommended that the Collier County Planning Commission forward Petition CU-02-AR-3278 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: RAY t~)LLOWS, CHIEF PLANNER CURRENT PLANNING SECTION  WED BY: '-- MARGAP~ WU~ERSTLE, AICP, DI~CTOR DATE PLA~ SERVICES DEPARTMENT JO~'1~H K. SCHliTZ' .,~DMINISTIS, ATOR C~N,fMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-02-AR-3278fP, VB/rb DEC 1 7 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: NOVEMBER 12, 2002 RE: PETITION NO: CU-02-AR-3278, IMMOKALEE LIBRARY EXPANSION OWNER]AGENT: Agent: Richard G. Lewis Owner: John Jones, Library Director Anchor Engineering, Inc. Collier County Government 1520 Royal Palm Square, Suite 200 3301 Tamiami Trail East Fort Myers, Florida 33919 Naples, Florida 34112 REQUESTED ACTION: To obtain a conditional use for an essential service in the "RSF-3" Residential Single-Family zoning district per Section 2.6.9.2 of the Collier County Land Development Code allowing for the expansion of an existing government facility. GEOGRAPHIC LOCATION: The subject site is located on the southwest comer of Immokalee Drive and First Street in Section 4, Township 47 South, Range 29 East. (See illustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks conditional use approval to allow for the expansion on the existing Immokalee Library that is located on a Collier County owned parcel (Folio Number: 00127120009) that is 10- acres in size. The existing library is situated on approximately 2.21 acres of this parcel. The existing facility is 3,915 square feet in size and is proposed to be enlarged by another 4,120 square feet. The total floor area of the structure will be approximately 8,035 square feet. Approximately 0.18-acres of the site will be used for the library building area while 1.59 acres will comprise landscape buffers and open space areas. The balance of the project site (0.44-acres) is for the parking and driveways. As noted on the conceptual site plan (Exhibit "A"), the subject site has existing ingress/egress points from First Street and from Immokalee Drive that are opposite from the intersection with Adams Street. The proposed addition is on the southwest side of the existing library facility, which is also depicted on the conceptual site plan. ~ DEC I 7 2002 SURROUNDING LAND USE AND ZONING: Existing Conditions: As illustrated on the aerial below, the site is currently developed with a library and the Collier County Health Department buildings including the David Lawrence Center. The Zoning Map indicates that the subject site is zoned RSF-3. Surrounding: North - Immokalee Drive and residential lands that are zoned RMF-6. East - First Street and residential rental units; Zoned C-5-ASOD. South - Immokalee Park; Zoned: "P" Public Use. West - Immokalee High School; Zoned: RSF-3. Aerial of the Health and Library buildings DEC I 7 2002 ~. ~-~, RSF-3 RSF-3 I-r:.ALTH I~EPARTMI~T ImmokaleeC-5 Immokalee Librarf t-J!gh School · "x,, Immokalee Park I/' ',, N Zoning Map GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) and the Immokalee Area Master Plan. In addition, the Land Development Code (LDC) establishes a procedure that may result in approving a development order for the proposed expansion of this essential governmental service facility in the RSF-3 zoning district. Consistency relationships with applicable elements of the GMP are as follows: Future Land Use Element: The subject property is designated (Urban) Commerce Center Mixed Use District, on the Immokalee Area Master Plan Future Land Use Map of the GMP. Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Sub-district shall include shopping center, governmental institutions, middle or high school, community parks and other employment generating uses. In addition, a library is considered an essential service pursuant to Section 2.6.9 and is permitted as a Conditional Use in residential districts pursuant to Section 2.6.9.2 of the LDC. Based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the Immokalee Area Master Plan. Traffic Circulation Element: The Transportation Department indicates that the proposed expansion Of the existing library facility will only generate 35 AM Peak Hour trips and 49 PM Peak Hour trips. Based on this information, the site-generated trips will not significantly impact First ;treet or any other County road. This petition is therefore consistent with Policy 5.1 and 5.2 of the 'ransoortation Element. ~ };-) DEC 1 7 2002 Other Aoolicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this petition. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the site is located outside an area of historical/archaeological probability as referenced on the official Collier County Probability Map. As a result, no Survey and Assessment is required. In addition, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. Since this 2.21- acre library site does not contain wetland areas and is under 10 acres in size, no Environmental Impact Statement (EIS) is required. As a result, this petition is not required to be reviewed by the the Environmental Advisory Council (EAC). In addition, the Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. They have recommended approval subject to the preservation of 10 percent of the existing native vegetation, which shall be shown at the time of site development plan approval. The Transportation Department has recommended approval since the additional site generated trips will not require changes to the existing access points. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. The below referenced criteria shall be used as the basis for the recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential or considerations identified during the staff review s listed under each of the criteria, and is followed by a summary conclusion culminating in a determir ation ,~l~,~ compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. As noted above in the Future Land Use Element review, the requested expansion to the existing governmental facility is deemed to be consistent with the applicable elements of the Growth Management Plan (GMP) and the applicable provisions of the LDC. The proposed expansion is authorized in the (Urban) Commerce Center Mixed Use District, of the Immokalee Area Master Plan. Furthermore, a library is permitted as a Conditional Use in all residential districts pursuant to Section 2.6.9.2 of the Land Development Code (LDC). b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The existing library site is located at the southwest corner of Immokalee Drive and First Street. The primary library access point will continue to be a single access connection to First Street as indicated on the conceptual site plan. The subject site also provides access from Immokalee Drive. Internally, the site provides the necessary area for vehicular traffic flow and is designed to allow for emergency vehicles to get to the library. Due to the low traffic volume associated with the library use, the proposed expansion will have minimal impacts to First Street and Immokalee Drive. As a result, no access improvements are required. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic, and odor effects; - A library is typically a use that does not generate significant amounts of glare or produce any odor and noise. In addition, this petition is only for a 4,120 square foot addition that will not significantly increase the vehicular traffic ingressing or egressing the subject site. The project's wastewater will be conveyed via public sanitary system, operated by the Immokalee Water and Sewer District. The water service will also be provided by the public water distribution system operated by this same district. Lastly, libraries do not typically have an adverse economic impact on the surrounding residential neighborhoods. d. Compatibility with adjacent properties and other property in the district. Due to the small size of the site and its location adjacent to the Immokalee High School to the west and the Collier County Park to the south, the proposed library expansion will not adversely impact the adjacent properties. Furthermore, the landscape buffers comprise mature vegetation and pine trees along the perimeter of the site (See Exhibit "B"). The proposed library expansion will also include improvements to the pedestrian access ways and sidewalks from the adjacent properties. Lastly, as depicted on the illustration below, the architectural design of the building provides features that are similar to a single-family dwelling in size and scale. AC, ENOA ~ ^ _lq DEC 1 7 2002 Collier County Public Library - East Elevation STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-02-AR- 3278 to the Board of Zoning Appeals (BZA) with a recommendation of' approval. DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR: coNDITIONAL USE CU-2002-AR-3278 Petition No.: Date Petition Received:. PROJECT #2002060058 DATE: 10/28/02 RAY BELLOWS Commission District: Planner Assigned: ,_ ABOVE TO BE COMPLETED BY STAFF 1. General Information. Name of Applicant(s) __ Collier County Government, Facilities Management Applicant's Mailing Address 3301 East Tamiami Trail East, Building W City Naples State Florida Zip 34112 Applicant's Telephone # (239) 774-8380 Fax # (239) 793-3795 Name of Agent Richard G. Lewis, PE Firm Anchor Engineering Consultants, Inc. Agent's Mailing Address 1520 Royal Palm Square Boulevard, Suite 200 City Fort Myers State Florida Zip 33919 Applicant's Telephone # (239) 936-4003 Fax # (239) 936-4003 Agent's E-Mail Address: aeci~anchor-engr.com COLLIER COUNTY COMMUNITY DEVELOPMENT 2800 N. HORSESHOE DRIVE- NAPLES, FL 34104 Ac.~ ,1~ PHONE (941) 403-2400/FAX (941) 643-6968 so._[ DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE ! OF 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip__ Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 2 OF 16 _ b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation. Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 3 OF 16 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ):. Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: ., or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 04 Tovmship: 47 Range: 29 Lot: N/A Block: N/A Subdivision: N/A Plat Book 456 Page #: 584 Property I.D.#: 00127120009 Metes & Bounds Description: See attached survey 4. Size of property.: ft..( ft. = Total Sq. Ft. Acres 2.21 5. Address/general location of subiect proper .ty: 417 North First Street, Immokalee, Florida 34142 DEC 1 ? 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 4 OF 16 6. Adjacent zoning and land use:, Zoning Land use N~ 0. ,d( ~ /~" (' __Residential · /S P __Collier County Parks & Recreation ,~C5 FMOSD __Residential W Pd~'c/'~l~tmokaiee H.S.' , Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: ~ Township: (~"7 ..Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # · of the RSF-3 district for (TYPE OF USE) Library Present Use of the Property: Collier County Library- Immokalee Branch; Collier County Health Center: David Lawrence Center · CCLDC, Zoning Section 2.6.9, Essential Services Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and ar.:angement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request !s, consistent ~ with the applicable section or portions of the future land use elemenl] Li~rg~A ~ '7/3, listed as an essential service in Section 2.6.9 and is permitted as a Con, .tio~8_J.l.~e.-ia--L/~l residential districts per Section 2.6.9.2. . tl~l~ ~ ? ?002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02F2000' ~ l¢ b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The existing driveway entrance will continue as the point of ingress and egress to the property. No new driveways are proposed. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The Conditional Use will have no effect on neighboring properties with respect to noise. ~olare, odor, and economic impact. d. Describe the site's and the proposed use's cc:npatibility with adjacent properties and other properties in the district: The properties adjacent to the library are the Immokolee Hieh School and a park owned by Collier County Parks & Recreation. The compatibility will not change. e. Please provide any additional information which you may feel is relevant to this request. The library expansion will provide better facilities for the community of Immokalee, and the proposed site improvements ~vill provide new landscaping and improved pedestrian access. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect property.: To your knowledge, has ~p_ublic I hearing been held on this property within the last year? If so, what was the ature of that hearing? N/A DEE 1 ? 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0_/.000 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order tOr your application to be deemed sufficient, unless otherwise waived during the prcapplication meeting. a. A copy of the pre-application meeting notes; b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the -~ site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketch~ o j, A~.slxrO0 15. A Traffic Impact Statement (TIS), unless waived at the pre-application n :etin~;- I I-[ ~ DEC 1 7 2OO2 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PA~ E 7 OF ! ~ g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. nc..,rrJ~A rr~ DEC I 7 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000, PAGE 8 OF 16 TRAFFIC IMPACT STATEMENT (TIS}; A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic I~__1''] - 3. Future Traffic D[[~ 1 7 2002 4. Through Traffic ~.[8 _ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200~0 PAGE 9 OF 16 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Tr:,ffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence {RDI): The TIS shall cover the least of the following two areas: a ) an area as set forth belo~v; or, b ) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 10 OF 16 In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic; The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be de'veloped maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. Th~ methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the --~ estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be includcd. 11. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 DEC 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000. PAGE 11 OF 16 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Collier County Government 2. MAILING ADDRESS: 3301 East Tamiami Trail, Building W CITY Naples, Florida ZIP 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 417 North First Street, Immokalee, Florida 34142 4. LEGAL DESCRIPTION: Section: 3 Township: 47 Range: 29 Lot: N/A Block: N/A Subdivision:N/A Plat Book 456 Page #: 584 Property I.D.#: 00127120009 Metes & Bounds Description: See attached survey 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system)*: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [-~ c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] (GPD capacity). e. SEPTIC SYSTEM [--] 6. TYPE OF WATER SERVICE TO BE PROVIDED:* a. COUNTY UTILITY SYSTEM [--] b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [-] *Water and sewer service already provided by Immokalee Water and sesver District. Flow demand and/or consumption will not change after development, nc.,r:nOA DEC 1 7 2002 PAGE 12 OF 16 7. TOTAL POPULATION TO BE SERVED: Same as existing 8. PEAK AND AVERAGE DAILY DEMANDS*: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY *Daily demands will not change after development 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A · 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 13 OF 16 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 16' 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' 6. Environmental Impact Statement - (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement 0vith required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that ali property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 15. Other Requirements - * Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal i/j)formation may result in the delay of processing of this petition. Applicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 AFFIDAVIT We~I, o~- ~_olll~tt ~.ou.~V being first duly sworn, depose and say that we/I am/are the owners ~f the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner V/e/I further authorize Richard G. Lewis~ PE to act as our/my representative in any matters regarding this Petition. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , 20 by who is personally known to me or has produced as identification. State of Florida (Signature of Notary Public - State of County of Collier Florida.) (Print, Type, or Stamp Commissioned Name of Notary Public) DEC 17 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02~000 ~-GE 15 OF 16 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ESSENTIAL SERVICE CONDITIONAL USE FOR AN EXPANSION OF THE COLLIER COUNTY PUBLIC LIBRARY LOCATED IN IMMOKALEE, FLORIDA, IN THE RSF-3 ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2 "ESSENTIAL SERVICES" OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 04, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential service conditional use pursuant to Section 2.6.9.2 of the Collier County Land Development Code in an "RSF-3" Zone for the expansion of the Collier County Public Library on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Richard G. Lewis, P.E. of Anchor Engineering Consultants, Inc., representing Collier County Facilities Management Department with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for an esseatial service conditional use pursuant to Section 2.6.9.2 of the Collier County Land Development Code in the "RSF-3" Zoning District for thc expansion of the Collier County Public Library in Immokalee in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1 AGENDA ITEM/9 DEC 1 7 2002 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, C~N ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Mmj~ri~ M. Studefit Assistant County Attorney CU-2002-AR-3278/RB/lo DEC 1 7 2002 FINDING OF FACT BY COLLIER cOUNTY PLANNING cOMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3278 The following facts are found: 1. Section 2.6.9.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No_ _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No~ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. EXH~IT "A" ~.OC~DA r~r. Ja ,~ CHArm'vt :_ , u _C 17 3112 DATE: P,.~q _ LEGAL DESCRIPTION PROPERTY DESCRIPTION: OFFICIAL RECORD BOOK 456, PAGE 584, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROVIDED BY THE COLLIER COUNTY GOVERNMENT - REAL PROPERTY MANAGEMENT DEPARTMENT ON DECEMBER 5, 2001) The Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida. Subject to easements, restrictions and reservations of record. '1 EXHIBIT"B" u~_J' I J[ '- (CU-02-AR-3278) DEC 17 2~2 pi. ~-'~ _ 0c~% 24 02 ll:51a RMCHOR EMGIMEERIMG (239) 93~-0819 p.3 EXHIBIT "C" CONDITIONS OF APPROVAL CU-02-AR-3278 1. The Planning Services Department Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to th~: site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review of the Collier County Land Development Code (LDC). 2. Pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 3. The native vegetation preservation requirement shall be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown at the time of site development plan (SDP) approval pursuant to Section 3.9.5.5 of the LDC. A minimum of 10 percent of the existing vegetation shall be shown as preserved at the time of SDP submittal. 4. The petitioner shall provide storm water calculations that are signed & sealed by a Florida professional engineer at the time of SDP submittal. 5. At the time of site development plan review, the petitioner, if applicable, shall provide legal proof that adjacent property owner will allow storm water discharge from the proposed project into his/her property. 6. At the time of site development plan review, the petitioner shall provide the maximum allowable discharge rates in accordance with Ordinance 90-10 (as amended). 7. Provide a copy of SFWMD permit, permit modification or waiver, at time of SDP review. EXHIBIT "D" DEC I 7 2002 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2736, D. WAYNE ARNOLD OF Q. GRADY MINOR, P.A., REPRESENTING GARY A. LINK OF TADPOLE HOLDINGS LLC, REQUESTING AN AMENDMENT TO THE "THE FALLS OF NAPLES" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF REDUCING THE MINIMUM ACCESSORY STRUCTURE SETBACK FROM 50 FEET TO 25 FEET FROM AIRPORT-PULLING ROAD FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (C.R. 896) AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Falls of Naples Planned Unit Development (PUD) to reduce the minimum accessory structure setback from 50 feet to 25 feet from Airport-Pulling Road and to ensure that the change is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Falls of Naples PUD was approved on December 17. 1991 and is approved for a 280,000 square foot shopping center including out-parcels and water management areas. As depicted on the PUD Master Plan, the PUD is composed of five tracts with two tracts designated for commercial uses. The petitioner now wishes to amend the Falls of Naples PUD document in order to amend Section 3.4.A (2) of the PUD document to establish a minimum yard requirement from Airport Pulling Road (CR-31) right-of-way line for accessory structures. The PUD currently requires a setback of 50 feet for both principal and accessory structures. The petitioner is now requesting to reduce the minimum setback for accessory structures from 50 feet to 25 feet from CR-31. Accessory structures include roofed screen enclosures, canopies, awnings, and similar structures that are not permanently enclosed with walls, windows, or doorways. FISCAL IMPACT: Since this petition is initiated as an amendment to the development standards provided in Ordinv~ce Number 91-109, it will not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event t '~' : collections are inadequate to maintain adopted levels of service, the County must provic sul~_ eight funds from other revenue sources in order to build needed facilities. DEC 1 7 2002 PREPARED BY: RAY ~ELL(5~rS, CHIEF PLANNER CURRENT PLANNING SECTION ,/.~I~VIEWED E~Y: ~USAN M~Y, AICp, MANAGER { ~A~E/ MARGA~f ~ERSTLE, AICP, DI~CTOR PLA~ SERVICES DEPARTMENT APPROVED BY: C~MMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-02-AR-2736/EX SUMMARY/RVB/rb DEC 1 7 2002 GROWTH MANAGEMENT IMPACT: All of the subject property is designated Urban (Urban - Mixed Use District, Urban Commercial District, Mixed Use Activity Center Sub-district), as identified on the Future Land Use Map of the Growth Management Plan. The PUD is also located within Activity Center #13. This PUD was originally approved in 1991 and deemed consistent with the FLUE at that time. Mixed Use Activity Centers are intended to be mixed-use (commercial and residential) in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses are permit-ted at a density consistent with the Land Development Code. The proposed amendment is only to establish a minimum yard requirement from Airport Pulling Road (CR-31) right-of-way line for accessory structures. The petitioner is requesting to reduce the minimum setback for accessory structures from 50 feet to 25 feet fi.om CR-31. Based on this condition, the proposed amendment is consistent with the FLUE to the GMP. ENVIRONMENTAL ISSUES: Because this PUD amendment only changes the development standards for accessory structures and is not impacting any environmentally sensitive lands, the petitioner is not required to submit an updated Environmental Impact Statement (EIS). As a result, the Environmental Review staff has recommended approval as submitted. ENVIRONMENTAL ADVISORY COUNCIL {EAC) RECOMMENDATION: No Environmental Impact Statement (EIS) since the project is developed. As a result, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on November 21, 2002. By an 6 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-2736 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found this petition to be consistent with the GMP and is compatible with the surrounding development. It should be noted that no one spoke in opposition to the petition during the public hearing. As a result, this petition has been placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2736 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. AGENDA I~ DEC 1 7 2002 2 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 29, 2002 RE: PETITION NO: PUDA-02-AR-2736, THE FALLS OF NAPLES PUD AGENT/APPLICANT: Agent: D. Wayne Arnold, AICP Owner: Mr. Gary A. Link Q. Grady Minor P.A. Tadpole Holdings LLC 3800 Via Del Rey 688 96th Avenue North Bonita Springs, Florida 34134 Naples, Florida 34108 GEOGRAPHIC LOCATION: The subject PUD is located on the southwest comer of Pine Ridge Road (CR-896) and Airport-Pulling Road (CR-31) in Section 14, Township 49 South, Range 25 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting to amend The Falls of Naples Planned Unit Development (PUD) Ordinance Number 91-109 to reduce the minimum building setback for accessory structures from 50 feet to 25 feet from Airport-Pulling Road. PURPOSE/DESCRIPTION OF PROJECT: The Falls of Naples PUD was approved on December 17, 1991 and is developed with a 280,000 square foot shopping center including out-parcels and water management areas. As depicted on the PUD Master Plan (Exhibit "A"), the PUD is composed of five tracts with two tracts designated for commercial uses. The petitioner now wishes to amend the Falls of Naples PUD document in order to amend Section 3.4.A (2) of the PUD document to establish a minimum yard requirements from Airport Pulling Road (CR-31) fight-of-way I ~ fc~r accessory structures. The PUD currently requires a setback of 50 feet for both princi al ant~ accessory structures. The petitioner is now requesting to reduce the minimum setb ck ~ accessory structures from 50 feet to 25 feet from CR-31. Accessory structures include roo~ I Pg- - screen enclosures, canopies, awnings, and similar structures that are not permanently enclosed with walls, windows, or doorways. SURROUNDING LAND USE AND ZONING: Existing Conditions: As depicted on the aerial below, the subject PUD is developed with a shopping center and contains out-parcels. The subject property is zoned The Falls of Naples PUD. Surrounding- North: Pine Ridge Road and a developed shopping center that is zoned C-5. East: Airport-Pulling Road and a developed shopping center that is zoned the Carillon PUD. South: Developed residential and zoned Naples Bath and Tennis Club PUD West: Developed Forest Lakes Condominium that is zoned RMF-16. DEC 1 7 2 pg .5 GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is designated Urban (Urban Mixed Use District, Urban Commercial District, Mixed Use Activity Center Sub-district), as identified on the Future Land Use Map of the Growth Management Plan. The PUD is also located within Activity Center #13 (See Exhibit "B"). This PUD was originally approved in 1991 and deemed consistent with the FLUE at that time. Future Land Use Element - Relevant to this petition, Mixed Use Activity Centers are intended to be mixed-use (commercial and residential) in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses are permitted at a density consistent with the Land Development Code The proposed amendment is to establish a minimum yard requirement from Airport Pulling Road (CR-31) right-of-way line for accessory structures. The petitioner is now requesting to reduce the minimum setback for accessory structures from 50 feet to 25 feet from CR-31. Based on this condition, the proposed amendment is consistent with the FLUE to the GMP. Transportation Element - Because this petition will not increase the developable area or add additional commercial floor area over the amount that can currently be developed, the project will not increase the site generated trips. Based on staff's analysis, the project trips will not lower the level of service below the roads adopted level of service "D" standard. A__~s a result, this petition is consistent with Policies 1.3, 1.4. 5.1 and 5.2 of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review and comment. Since no additional acreage or square footage has been added to the PUD, no level of service (LOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. Furthermore, an Environmental Impact Statement (EIS) was not required since the subject site is partially developed and doesn't contain any wetlands. Therefore, this petition was not required to go to the Environmental Advisory Council (EAC) and the Environmental Services staff has recommended approval of this ame submitted. DEC 17 EVALUATION: A comprehensive evaluation of this land use petition was completed based on the listed criteria that are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, with staff recommendation based on that overview. The Planning Commission to the BCC shall use the listed criteria as the basis for a recommendation of approval or denial. The evaluation by professional staff include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "C" and Exhibit "D"). This petition is only to amend Section 3.4.A (2) of The Falls of Naples PUD as noted below: (2) From the property line abutting Airport Pulling Road right-of-way line; 50-feet, except that accessory structures shall be permitted at 25-feet. For purposes of this Section, Accessory_ Structures shall be limited to roofed screen enclosures, canopies, awnings, and similar structures that are not permanently enclosed with walls, windows, or doorways. Relationship to Future Land Uses: This item refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan. The proposed amendment only reflects a reduction of a development standard for accessory_ structures. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County GMP and is therefore compatible with other approved land uses in the area. Relationship to Existing Land Uses: The proposed amendment does not change the boundaries of the currently approved PUD. The developed commercial PUD abuts two residential neighborhoods to the south and west that are zoned PUD & RMF-16. To the north are the developed C-5 zoned commercial shopping center and the Carillon PUD shopping center to the east. It should be noted that the C-5 district permits a setback of 25-feet from Airport Pulling Road for principal and accessory structures while the Carillon PUD requires 50-foot setback for principal structures and 30-feet for accessory structures. Based on the existing setback requirements, staff is of the opinion that the proposed reduction of the accessory structure setback from Airport Pulling Road to 25-feet is similar and compatible with the surrounding commercial properties. It should be noted that The Falls of Naples PUD document was approved with a requirement for a 20-foot wide Type "D" landscape buffer along Airport-Pulling Road excluding driveways and sidewalks. (See Photo #1) The buffer includes o,e shade tree per 30 linear feet on center and a mature hedgerow. Furthermore, no other approved development standards are changed with this amendment. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. As depicted in the photograph #2 below, the existing commercial buildings have been constructed with a 50-foot setback from Airport-Pulling Road. If this proposed amendment is approved, a roofed screened enclosure could be constructed 25-feet from Air ~ort-Pulling Road, which would be buffered by the existing mature landscape buffer. A~A ~xr~ DEC 17 2002 4 Photo # 1 depicts the landscape buffer & setback from CR-31. Photo #2 is the side view of the landscape buffer. Public Information Meetinv: A Public Information Meeting was held on February 27, 2002 at 5:30 at the Barron Collier High School Auditorium. There were three persons in attendance at this meeting. Of those in attendance, one person expressed a concern that this amendment would set precedence in the area for reduced setbacks. It was mentioned that the C-5 zoned property to the north currently permits a 25-foot setback from Airport-Pulling Road; therefore, this amendment would not set precedence. Utili ,ty Infrastructure: The site is accessible to a public sanitary sewer and municipal water supply. This amendment will not change or impact the previous approval. STAFF RECOMMENDATION: That the. Collier County Planning Commission (CCPC) forwards a recommendation of approval of' Petition PUDA-02-2736 AGENDA I'I"E~]~4 DEC 1 7 2002 PS. ~' 5 RAY ~j~LLOWS~ CHIEF PLANNERDATE COm~NT PLANNn~o SECnON REVIEWED BY: II-8-- ,/~USAN MURRAY, AICP, MANAGER DATE ~L~d~E~ NT PLANNING SECTtON PLAN~ SERVICES DEPARTMENT APPROVED BY: TRATOR DXTE" DEV. AND ENVIRONMENTAL SVCS. fftaff Rep, ort for November 21, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-2736 DEC 1 7 2002 6 P& q~ It' ! I ! I EXHIBIT "B" f ,~.~ ~ REZONE FINDINGS PETITION PUDA-01-AR-2736 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The existing development and proposed amendment is in compliance with the FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include commercial retail shopping centers to the north and east while residential land uses are to the west and south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The commercial site is of sufficient size and is located within an Activity Center. The amendment only changes a development standard: therefore this petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with existing land uses by virtue of its consistency with the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Falls of Naples PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. 5. Whether changed or changing conditions make the passage .,f the proposed amendment necessary. The proposed PUD Amendment is appropriate based on the approved commercial development standards east and north of the subject site. EXHIBIT "C" DEC I 7 2002 7 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed reduction to the accessory structure setback to 25-feet from Airport- Pulling Road is the same as the C-5 district to the north. In addition, the existing landscaping will go a long way towards offsetting any potential adverse influences by this change. In summary, the proposed PUD Amendment will not adversely influence living conditions to the adjacent neighborhoods to the south or west because the currently approved development standards and other conditions for approval have been constructed will not be impacted by this change. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not impact any traffic condition associated with this PUD. -- 8. Whether the proposed change will create a drainage problem; The construction of an accessory structure will not adversely impact the water management system. The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The Falls of Naples PUD is subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The Falls of Naples PUD development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas, Ac, rO~JX~ DEC 1 7 2002 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. Because this PUD is developed, the mere fact that this PUD is amended may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Falls of Naples PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property has been developed in accordance with the existing zoning. The proposed amendment is only to a development standard. A rejection of the amendment would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding PUD property in size and scale. DEC 17 2002 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. This project has been developed. There are many C-4 and C-$ zoned sites, which arc have the same 2S-foot setback for accessory structures. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of thc action and all of thc above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. This project has been developed. The extent of site alteration for any accessory structure will be determined as a function of obtaining a Site Development Plan approval. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County _ Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels o£ service determined that required infrastructure meets with GMP established relationships. REZONE FIN DINGS/AR-2736/RVB/rb DEC 1 7 2002 l0 p,. i '9 FINDINGS FOR PUD PUDA-02-AR-2736 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential and commercial development continues to be suitable for a shopping center. Jurisdictional reviews by County staff support the manner and pattem of development approved and constructed for the subject property. Development conditions contained in the currently approved Falls of Naples PUD document and proposed amendment give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD allows for the existing commercial retail facilities, which is consistent with the GMP (See Staff report). Exhibit "D" AC.,~DA ITEM DEC 1 7 2002 ]1 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject PUD has been developed with a common architectural design and development standards that reflect the existing development within the Falls of Naples PUD. In addition, landscaping has been provided to buffer the adjacent residential and non-residential tracts. Thc PUD Master Plan has been designed to optimize internal land usc relationship through the usc of various forms of open space separation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ease, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards approved for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards accessory structures proposed for this PUD are the same as the accessory setback permitted in the "C-5" district. AGENDA FINDINGS FORAR-2736/RVB/rb DEC 1 7 2002 APPLICATION FOR PUBLIC HFARING FOR: PUD REZONE PUDZ-2001-AR-1749 PROJECT #2001060020 Petition No.: Date Petition Received: _ DATE: 11 / 15/01 RAY BELLOWS Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: NameofApplicant(s) Mark L. Lindner, Trustee, c/o Nap]as Realty Services Apphcant's Mailing Address 4099 Tamiami Trail North, 2nd Floor City Naples State Florida Zip 341 03 Apphcant'sTelephone~ 262-4446 ext. 186 Fax ~ 434-2749 Name of Agent William L. Hoover Firm Hoover Plannin9 & Dev., Inc. Agent'sMail~gAddress 3785 Airport Road North, Suite B-1 City Napl~o State ZXzarija__Zip 341 05 Agent's Telephone # 403-8899 Fax# 403-9009 Agent's E-Mail Address Hooverplanninc/@cs.com COLLIER COUNTY COM]VIUN]TY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PltONE (941) 403-2400/FAX (941) 643-6968 no.~ DEC 1 7 2002 APPI,,IC ATIOI~ .,1fOR PT~IC llZARI_hTG I*OR PUD R,.~ZO~ - 10/98 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Vanderbilt Country Club Homeowners Assoc. Mailing Address 8250 Danbury Blvd. City Naples State FL Zip 34120 Name of Homeowner Association: Maiiing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name ofCivicAssociation: Golden Gate Estates Civic Assoc., c/o President Karen Acquard Mailing Address 441 - 24th Ave. NE City Naples State FL Zip 34120 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ~ App] i ~ab] m DEC 17 2002 APPLICATION FOR PUBLIC H~ARING FOR PUl) REZONE - 10/9~I~g. I ~ b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock N~t- ~nnl i r, nhl o c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of h~terest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownerslup Not Applicable e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name m~d Address Percentage of Ownership Not Appl ~ cable_ Date of Contract: DEC 1 7 2002 APPLICATION' FOR PUBLIC HEARING FOR PUD REZONE - Vandcrbiit [l~eh Road Land Truet List of Beneficiaries ?hilip Duff 6 Regency Circle Lake St. Louis, MO 5% Charles & Helen Marie Zell Trust 12183 Bluebird Circle, Coon Rapids, MN 2.5% Dean Lind lRA 1930 Princess Court, Naples, FL 5% Ronald Plassman 7024 Woodcroft Lane, Ft. Wayne, IN 20% Mark Plassman 2882 Brookside Bend Drive, Carmel, IN 15% Anne Plassman Trust 2882 Brookside Bend Drive, Carmel, IN 15% William Rapps 6580 Sable Ridge Lane, Naples, FL 2.5% Raymond Eschelman 13101 Pond Apple Drive, Naples, FL 5% Edwin F. Boynton Trust 13342 Rosewood Lane, Naples, FL 7.5% Robert F. R .eynolds IRA 4423 Silver Fox Drive, Naples, FL 5% Robert J. Mc-Cracken 9362 Gulfshore Drive, Naples, FL 1.25% Joyce L. MeCracken 9362 Gulfshore Drive, Naples, FL 1.25% Don P. Knopke Trust 14208 Canterbury Court, Leawood, KS 5% George Riebesell 6883 Redbay Park Road, Naples, FL 2.5% John Saltsman 194 14th Avenue South, Naples. FL 2.5% Mark Lindner 2206 Majestic Court, Naples, FL 2.5% L.1. Smith 5170 l0th Avenue SW, Naples, FL 2.5% DEC 1 ? 2002 f. If any contingency clause or contract terms involve additional parties, list aH individuals or officers, ilea corporation, partnership, or trust. Name and Address g. Date subject property acquired (x) leased ( ): Term of lease, yrs./mos. April 6, 19997 April 20, 20007 and April 20, 2000 (see attached If, Petitioner has option to buy, indicate date of option: 3 deed~r~d date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility, of the applicant, or agent on his behalf; to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application. (If space is inadequate, attach on separate page.) ff request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 3 4 Township: 4 8 Range: 2 6 Lot: Block: Subdivision: PlatBook Page#:~PropertyI.D.#:00204280008, 00204760201, 00204760308 Metes & Bounds Description: The SE 1/4 of the SE 1/4 of Sec. 34, Twp. 48S Rng. 26E, less the east 100 feet for Collier Blvd. right-of-way and the south 145 feet for Vanderbilt Beach Road right-of-way, Collier County, Florida. 4. Size of property: _ 1 2 2 2 it. X 1 1 9 3 il. = Total Sq. Ft. Acres 3 3.4 5 5. Address/l-'eneraliocationofsubiectoroperty: The northwest corner of Collier Boulevard and Vanderbilt Beach Road. APPLICATIONFORPUBLICl:I~.a,RINGFORPUI)REZONE_,O/,33 [ DEC 1 7 2002 I .... 6. Adjacent zoning and land use The following information relates to contiguous property also owned by thc owner of the property requesting the rezoning. Property I.D.# 00203880001 and 00204760502 Metes & Bounds Description - Folio # 00203880001 - The North 1/2 of the SW 1/4 of the SE 1/4 of Section 34, Township 48 South, Range 26 East; subject to a 30 foot right-of-way easement over and across the westerly 30 feet of said parcel, Collier County, Florida. Folio #00204760520 - A portion of the South I/2 of the Southwest I/4 of the Southeast ~/, of Section 34, Township 48 South. Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast Corner of Section 34, Township 48 South, Range 26 East. Collier County, Florida; thence north 88° 59' 06" West, along the south line of the Southeasl of said Section 34. a distance of 2,096.56 feet; thence North 01° 28' 07" West, a distance 145.00 feet to a point on the northerly right-of-way line of Vanderbilt Road, the same being the point of beginning of the parcel of land herein described; thence departing from said northerly right-of-way line, continue North 01° 28' 07" West, a distance of 523.75 feet; thence South 89 00' 49" East, a distance of 665.64 feet; thence South 01° 28' 07" East, a distance of 524.05 feet to a point on the northerly right-of-way line of said Vanderbilt Road; thence North 88° 59' 06" West, along said northerly right-of-way line, a distance of 665.65 feet to the point of beginning. Containing 8.0 acres, more or less. AGENDA 17 6. Adiacent zoning and land use: Zoning Land use N Agric. Undeveloped, wooded land S ROW/Estates Vanderbilt Beach Rd. ROW/Estates homes C.R. 951, canal, then undeveloped Bucks Run E ROW/PUD PUD & Mission Church PUD (residential/institutional) %%/ Agric, Undeveloped, wooded land & grazing land Does the owner of the subject property own property, contiguous to the subject property? If so, give complete legal description of entire conti~ous property. (If space is inadequate, attach on separate page). Yes. Section: 3 4 Township: 4 8 S Range: 2 6E Lot: Block: Subdivision: Plat Book Page #:__ Property, I.D.#: see attached sheet Metes & Bounds Description: see attached sheet 7. Rezone Request: This application is requesting a rezone from the Aqricultural & PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Undeveloped and wooded. Ploposed Use (or range ofuses) oftheproperty: Shopping center, office, and other commercial uses such as financial institutions. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ~[~ APPLICATION FOR PUBLIC lt~'~a~ING FOR PI/I) REZONE- 10'98 DEC 1 7 2002 Standard R¢~one Considerations (LDC Section Z 7.2.5) J. Whether the proposed change will be consistent v~ith the goals, objectives, a~wl policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions o~ the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendrner:t (rezone) necessary. 6. Whether the proposed change wil[ adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. [4/hether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 1 I. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an itwlividual owner as contrasted with the public welfare. 13.Whether there are substantial reasons why the property cannot be used itt accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15.Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. ! 6. The physical characteristics of the property and the degree of site alteration which wouM be required to make the property usable for any of the range of potent at user.alcOA IY-~ ut~er the proposed zoning classification. ~u~~ DEE 1 7 2002 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 1Z The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shah deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any projgosed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Fi~mgs and recommendations of this type shall be made only after consultation with the counQ' attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growt5 mcou~gement picot. 4. The internal and external compatibility of proposed uses, which conditions may inclvde restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to seta,e the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such reg~dations in the particular case, based on determination that such modifications of justified as meeting tntblic purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restriction ~c_,~ DEC 1 7 2002 APPLICATION FOR PUBLIC I-IRA,RI. NC FOR PUD REZONE - 10/97 10.. Previous land use petitions on the ~ubiect property: To your knowledge, has a public hearing been held on this property within the last year? ff so, what was the nature of that heal. g? On 3-13-01 the BCC approved CP-2000-4 to adopt the Vanderbilt each/Collier Blvd. Commercial Subdistrict, which allows commercial uses. 11. Additionsl Submittal requirements: In addition to this completed application, the following shall be submitted in order ibr your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. ffthis rezone is being requested for a specific use, provide nineteen (19) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed stmctures. b. An Environmental Impact Statement (EIS), as reqtdred by Section 3.8. of the Land Development Code (IX)C), or a request for waiver if appropriate. ¢. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation ofth~ (or square feet) of native vegetation on site, by area, and a calculation and loc~ of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). DEC 17 20112 Legal Description , The Northeast aA of the Northeast ¼ of Section 14, Township 49 South, Range 25 East, Collier County. LESS therefrom the North 50'Feet thereof and the East 100 feet thereof, previously conveyed for road Right-of-way, and subject to an Easemem to Florida Power and Light Company dated December 9, 1985 and subject to a road fight-of-way easement to Collier County dated 7/31/81 and recorded in Official Record Book 960, Page 170. P U DA-2002-AR-2736 PROJECT #19990035 DATE: 719102. ,,c_,[~^ ~TF.~ RAY BELLOWs :~ N~.~ DEC 17 2002 F:UOBXFALLS pLrD,,S U~.~egal Description.doc PS. -- ~RAD¥ M~N6R 941992012975 04/10 '02 15:05 N0.561 04/04 R;'e.~ Ttdoole Holdlnm LL~ ~~st ~ ~o~ de~ ~ ~ t~ w~I ~e t~ o~s ~ of~ ~~ ~b~ ~ ~ wASh ~ t~ ~j~ ~ of the ~sed ~; th~ ~ ~s to ~ ~e~o~ ~ t~ ~plt~ i~I~g the d~clo~e of~ tnfor~o~ aH s~tc~s, ~a, ~ ot~r ~l~en~ ~er mta~d to ~ m~ a ~t of tMs ~lt~on, ~ ~t ~ ~ to t~ ~st of ~ ~l~d~ ~ ~Ii~ W~ ~trs~ th~ t~ ~aon w~r ~~ ~ed ~ Co~ ~ed shdl ~t be alt~ Publ~ ~n~ will ~t ~~ ~l ~ ~l~on ~ deemed ~1~, ~d ~ ~ed ~o~n ~ ~tn ~b~R ~t~at~ ~ ~ ~ers reg~ng th~ ~e~o~ T~ o~vd ~ of ~ T~ or ~ed N~e of ~r T'm'~.~°-resoin~ lnso'urner~ wa~ acknowled~d before me tMs t/'~ day of /~/~ ,2002, by ~r,~. ~ Ild'~ ['' who ~s personally known to me or has produced / State of P'lorida o~f Eounty of Collier Florida} a'rmt, or st ,r Nam~ of Notary Public) PI~O A2~PLICATION/md/4128 DEC I 7 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-109, THE FALLS OF NAPLES, A PLANNED LrNIT DEVELOPMENT, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO SUBSECTION 3.4.A ENTITLED MINIMUM YARD REQUIREMENTS OF SECTION 3.4 ENTITLED DEVELOPMENT STANDARDS, PROVIDING FOR AN ACCESSORY STRUCTURE SETBACK OF 25 FEET FROM THE AIRPORT ROAD RIGHT-OF-WAY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 17, 1991, the Board of County Commissioners adopted Ordinance Number 91-109, which re-established The Falls of Naples, a Planned Unit Development; and WHEREAS, D. Wayne Arnold, of Q. Grady Minor & Associates, P.A., representing The Falls of Naples, petitioned the Board of County Commissioners to amend Ordinance Number 91- 109, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE:AMENDMENTS TO SUBSECTION 3.4.A, MINIMUM YARD REQUIREMENTS, OF SECTION 3.4, DEVELOPMENT STANDARDS. Subsection 3.4.A, Minimum Yard Requirements, of Section 3.4., Development Standards, of the Falls of Naples Planned Unit Development, (Ordinance Number 91-109), is hereby amended to read as follows: 3.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements (l) From the property line abutting Pine Ridge Road right-of way line,: 50 feet. (2) From the property line abutting Airport-Pulling road fight-of way line,: 50 feet, except that accessory structures shall be permitted at 25 feet. For purposes of this Section, the term accessory structure shall include roofed screen enclosures, canopies, awnings, and similar structures that are not permanetl¥ enclosed with walls, windows, or doorways. (3) From the PUD's southern and perimeter property line; bordering the Naples Bath and Tennis Club 2- 75 feet. SECTION TWO: EFFECTIVE DATE AOsF.~A I'I'F.~ This Ordinance shall become effective upon filing with the Department of State. 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie ~. Student Assistant County Attorney PUDA-2002-AR-2736/RB/sp Words underline~ axe addilfions; Word sl~uek~ are dcletions ~~ ,,L_~ 2 I~EC 1 ? 2002 EXECUTIVE SUMMARY AN ORDINANCE AMENDING SECTION 122-81 OF THE CODE OF LAWS AND ORDINANCES ALSO CITED AS COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICTPROVIDING FOR AMENDMENT TO ADD NAPLES PRODUCTION PARK STREET LIGHTING DISTRICT TO THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR AMENDMENT TO CORRECT A SCRIVENER'S ERROR TO THE IMMOKALEE AREA; PROVIDING FOR REPEAL OF ORDINANCE NO. 91-97, AS AMENDED; PROVIDING FOR INCLUSION IN CODE OF LAWS AND (3RDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board adopt an Ordinance amending Ordinance No. 72-1, as amended, creating and providing for the Collier County Lighting District (CCLD), by adding Naples Production Park Street Lighting District MSTU to the Collier County Lighting District, and to correct a scrivener's error on a previous amendment. CONSIDERATIONS: The Board adopted Ordinance 91-97 creating the Naples Production Park Street Lighting District as an MSTU October 8, 1991. All other street lighting MSTU's have been rolled into the CCLD. Roadway and drainage work within the boundaries of Naples Production Park precluded rolling the street lighting MSTU into the CCLD. The Naples Production Park Street Lighting MSTU can now be rolled into the CCLD. On November 27, 2001, the Board adopted Ordinance 2001-72 amending Ordinance 72-1, as amended, to add those areas of Immokalee that were not yet a part of the CCLD. A scrivener's error was noted in the legal description, which needs to be corrected. The corrected legal description is noted on the attached Ordinance. FISCAL IMPACT: All residual funds in the FY03 budget adopted for Naples Production Park Street Lighting District will be rolled into the CCLD fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board adopt the attached Ordinance, which has been reviewed and approved by the County Attorney's Office, which amends Ordinance No. 72-1, by adding the Naples Production Park Street Lighting District MSTU to the Collier County Lighting District and adopt a budget amendment rolling any residual cash into the CCLD fund, correcting a scrivener's error to the legal description for the Immokalee area, and repealing Ordinance No. 91-97, as amended. PREPARED BY: 5Mar~u. ita 7(in~_, Senior,PlaCrninistrative fissi,~ an___~t DATE: 12/10/02 ~ E~lw~rd J. I~nt, I~E, T~ansportation Opej~ations Direct.or m:.VIEW D BY:, t DATE: Norman E. Feder, AICP, Transportation Services Adtninistrator AGENDA~TEM Attachment: Ordinance m~02902r~s st L~t O~ nm~ao~ DEC 17 .002 / -- 4 ° ORDINANCE NO. 2002- 2 3 AN ORDINANCE AMENDING SECTION 122-81 OF THE 4 CODE OF LAWS AND ORDINANCES ALSO CITED AS 5 COLLIER COUNTY ORDINANCE NO. 72-1, AS 6 AMENDED, WHICH CREATED THE COLLIER COUNTY ? LIGHTING DISTRICT; PROVIDING FOR AMENDMENT 8 TO ADD NAPLES PRODUCTION PARK STREET 9 LIGHTING DISTRICT TO THE COLLIER COUNTY 10 LIGHTING DISTRICT; PROVIDING FOR AMENDMENT 11 TO CORRECT A SCRIVENER'S ERROR TO THE 42 IMMOKALEE AREA; PROVIDING FOR REPEAL OF 13 ORDINANCE NO. 91-97 AS AMENDED; PROVIDING FOR 44 INCLUSION IN CODE OF LAWS AND ORDINANCES; 15 PROVIDING FOR CONFLICT AND SEVERABILITY; AND 46 PROVIDING AN EFFECTIVE DATE. 49 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 21 SECTION ONE: AMENDMENTS TO SECTION 122-81 22 A. Section 122-81 is hereby amended to add the following geographic area or areas into the 23 Collier County Lighting District: 24 NAPLES PRODUCTION PARK STREET LIGHTING DISTRICT, an unplatted ~- 25 subdivision, which is more particularly described as follows: SECTION 36, TOWNSI-I~ 26 49 SOUTH, RANGE 25 EAST, LYING IN COl .1 .IER COUNTY, FLORIDA. 27 B. Section 122-81 (100) is hereby amended to correct a scrivener's error: 28 IMMOKA!.EE, which is more particularly described as follows: ALL OF SECTION 36, 29 TOWNSHIP 46 SOUTH, RANGE 28 EAST; AND 30 THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 28; THE 31 SOUTH HALF OF THE SOUTH HALF OF SECTION 29: THE EAST HALF AND 32 THE SOUTH HALF OF THE SOLrrI-IWEST QUARTER OF SECTION 30; THE 33 NORT?IEAET QUAR2?~R ALL OF SECTION 31; ALL OF SECTION 32; ALL OF 34 SECTION 33; THE SOUTHWEST QUARTER OF SECTION 34; TOWNSHIP 46 35 SOUTH, RANGE 29 EAST; AND 36 THE SOLrFHEAST QUARTER AND THE WEST HALF OF SECTION 3; ALL OF 37 SECTION 4; THE NORTHEAST QUARTER AND THE NORTH HALF OF THE 38 NORTHWEST QUARTER OF SECTION 5; ALL OF SECTION 9; THAT PORTION 39 OF THE SOUTH HALF OF THE NORTHEAST QUARTER AND THAT PORTION 40 OF THE SOUTHEAST QUARTER OF SECTION 11 LYING NORTHEAST OF 41 STATE ROAD 29; TOWNSHIP 47 SOUTH, RANGE 29 EAST; 42 ALL LANDS LYING IN CO! .! .mR COUNTY, FLORIDA. -- 43 SECTION THREE: REPEAL OF ORDINANCE 44 Collier County Ordinance No. 91-97, as amended, is hereby repealed in its entirety. ACal[NDA ITEM No,. /'7 45 v DEC 17 2002 Page I of 2 99. __,~.~ Words underlined are added; words rtru~' '~"~"~'~' are deleted 1 SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 2 ° The provisions of this Ordinance shall become and be made a part of the Code of Laws 3 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 4 re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", $ or any other appropriate word. 6 SECTION FIVE: CONFLICT AND SEVERABILYFY 7 In the event this Ordinance conflicts with any other ordinance of Collier County or other 8 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 9 phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a 10 separate, distinct and independent provision and such holding shall not affect the validity of the 11 remaining portion. 12 SECTION SIX: EFFECTIVE DATE 13 This Ordinance shall take effect upon filing with the Florida Department of State. 15 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 16 County, Florida, this da)' of ,2002. 19 ATTEST: BOARD OF COUNTY COMMISSIONERS 20 DWIGHT E. BROCK, Clerk COIJ.PaR COUNTY, FLORIDA 21 22 23 BY: 24 JAMES N. COLETTA, Chairman 25 26 27 28 29 30 31 Approved as to form and 32 legal sufficiency: 33 35 36 Hfiidi F. A~hton 37 Assistant County Attorney 38 39 40 h: h fak:nd'xamendnaplesparli72 - I AGE~DA ITEM No. /? ~ DEC 1 7 2002 ~ase 2 of 2 Pg._ 3 Words underlined are added; words ..... t..,. ..... '- are deleted.