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Agenda 12/08/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 8, 1998 9:00 a.m. NOTICE: ALL PERSONS WISItlN(; TO SPEAK ON ANY AGENDA ITEM blUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST RE(;ISTER WITII TIlE COUNTY ADMINISTRATOR ,PRIOR TO THE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED, REQUESTS TO ADDRESS TIlE BOARI) ON SUBJECTS WIlIClt ARE NOT ON 'Fills AGENDA MUST BE SUBMITTED IN WRITIN(; WITil EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF Tile blEETING AND WILL BE HEARD UNDER "PUBLIC I'ETITIONS". ~ANY PERSON WHO DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A OF THE PROCEEDINGS PERTAINING TIIERETO, AND TtlEREFORE blAY NEED TO ~ ENSURE THAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS blADE, WIIlCH RECORD THE TESTIMONY AND EVIDENCE UPON WIIlCti TIlE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) blINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CtlAIRMAN. ASSISTED LISTENING DEVICES FOR TIlE ttEARING IMPAIRED ARE AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE. LUNCIt RECESS SCttEDULED FOR 12:00 NOON TO I:00 P,M. I. INVOCATION - Reverend ttarold Brown, Lei)' Presbyterian Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SU.M~1ARY A(JE.NI)A. C. APPROVAL OF REGULAR AGENI)A. APPROVAL OF blINUTES A. November 10, 1998 - Regular meeting. B. November 17, 1998 - Regular meeting. iMATIONS AND SERVICE AWARDS A, PROCLAblATIONS 1 December 8, 1998 I) Bo 2) Proclamation bv Ihe Board of Counlv Commi~sionen, of Collier CountY. Florida designating Ihe vreek of l)ccembcr 7-I I, 199~ as ,%'OAA ~Vealher Radio Awareness Wuc, k. 'I'o I)u :leccpled by Mr. (hit', ..~.rndd. C'dlier Counlv Emergency Ylanal2enlen~ Coordinator. Pr(~clarnation I)v the Ihtard ~jf County Commissioners of Collier County. Fh)rida d¢-'signati,~ [)c¢¢mher 7-I i. i99g as F'lorida Yards and ,%'eighborhood~; Vv'eek in (.'ullit, r ('uunt,,. '['. be acceplt, d hv .M~;..%'oelle Kauram'.~ki. SERVICE AWAR I)5; Co 1) 2) 3) ,",Idilon Ahnt'nd;,rc/, RmJd amJ Ilridge - 10 ~, t'ar,., J)aisv RodriKucz' Code [:nforc£'menl - 5 }'L'afs Charles Small',',ood, ",Vaslev,;Jlcr - $ }earn ,Xlarlha Veil(?,. l:luildin~2 Re,. ic~,, and I'crmi/lin~ - 5 .',e:~rs PRESENTATI()NS l) Recommendati~.! lo rt'c~l~nize I)ehrah Prcstr~n. Principal Planner, Planning Services l)cpartme,t. Comprehensive t'lannin~ Secti,n. as Collier Count,, l::m plo.., ce of Ii'if Ye;~r for 1 9~),~. APPROVAL OFC'LERK'S REPORT A. ANALYSI.S OF ('}1A5(;~:5; T() I~I:SI::RVI(S FOR CO.VI'IN(;ESC'IES. PUBLIC P£TITI().~,'S COLINT¥ AD.'~IINISTIU,,T()R'S REI'()RT COhl.",ll_;.',,'lTY I)EVEL()I,.XlEyr & ENVIRON.X'IE.XT.-~,I. Si:RVICE.~ PUBLIC V,'O R K.q I) Report on rile Stales of Ihe Li','inlzston Ri'lad Road,..,ax Corridor and Construction I'roj L'Ct,,. PUBLIC SERVIC'ES; SUPPORT SERVICES CO tl NT ~' A I).Xl I N I S T R..~, T O R 1) Further discussion relzardin~ funding for la',,, cnforccmen! service,., lu .Marco Island. ' 2) Confirmation of app¢fintmcn! hr John L. C(mk..Ir.. us [:mer~enc~, 5,ervices DJ,. ision ),dm i, i.,~ra t~ r. · 3) Staff report on the ptltenli;H impael of the Clerk of C'.urts "...ield huminlR" lav~ui! o, the pe,din~ rerundinlz of Count', ;),'ater-Sc,,~.cr Diqrict Revenue Bond,,. ' fL,- ....... · c~ i00~, !1. 13. 14. 15. F. AIRPORT AUTItORITY COUNTY ATTORN E Y'S R E PO RT BOARD OF COUNTY COMSIlSSIONERS A. Reconsideration ofsettlement agreement vs'ith Lei,,' Barefoot Beach ltomeos~ners Association regarding the Lely Guardhouse. B. Golden Gate Parkway %'atcr and St'sser Assessment District. (Commissioner Constantine) OTHER ITEblS A. OTIIER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON (;ENERAL TOPICS ,PUBLIC HEARINGS WII. L BE IIEARI) I,",IMEDIATELY FOI.LOWIN(; STAFF ITEMS 12. ADVERTISED I'UBI,IC III.:ARIN'(;S - BCC A. COMPREtlENSIV'E PI. AN ASIENI),;1ENTS B. ZONING A.MENI)MENTS I) C. OTHER Pelition PUl)-98-* 51ichacl R. Fernandez. AICP, of Planning Development Incorporated. representing ,Mastercraft Homes. Ltd.. requestinl~ a rezone for "A" A~:riculture to "PL'D" Planned Unit Development to be knov, n as Wyndham Park PUD for single family and multi-family residential land uses, for property located on the ~*cst side of C.R. 951 appro'ximatelv 11.6 ora mile south of Immokalee Road, in Section 2'7,. lownship 48 South, l-~ange 26 East, Collier Count?', Florida consisting of-'-/- 120 acres. BOARD OF ZONIN('; A PPEA LS A. ADVERTISED PUBLICttEARIN(;S B. OTHER CONTINUED TO DECEMBER 15. 1998. PctilionASW-98. l, BlairA. Foley, P.E. of Coastal Engineering Consultants, Inc., representing Anthonv Voight, requestinL[ a 400 hint vsaivcr fr~}m Iht. minimum required separatioi~ of SO0 feet between automotfile service stations for property located at 2934 Tamiami Trail East {U.S. 41), further described as a portion of'Lots I through 10 and Lots 36 throngh 42, Royal Palm Terrace Unit 1. in Section I 1, To~s'nship 50 South, Range 25 East, Collier County, Florida. STAFF'S COSI,M UNICAT1ON'S BOARD OF COUNTY COMMISSIONERS' CO,MMUNICATIONS CONSENT AGENDA - All mailers iisted 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 3 December g. 1908 member of lbo Board. Ihat ilc'm(s) will be removed from the Consent Agenda and considered separately. COMM l) 2) 4) UNITY I)EVELOt',MENT & ENVIRON,MENTAL SERVICES Petition C1.1-97-23E, Mr. Roy A. Shuck, Pastor, representing Faith Community. Church requesting a one year extension ora Conditional Use fl~r a church in II~e "E" Estates Zoning District for property located on 22'''~ Avenue NW and Oak.~ Boulevard approximately 'A ol'a mile south of Immokalee Road. Request to approve tire final plat of"Coco Lakes" Request the Board approve a Road Impact Fee refund in lhe amount of SI,738.00 resulting, from an overpayment. Recommendation to appro~ c the attached Salislraction of Lien for Public Nuisance Resolution 91-396 PUBLIC WORKS I) 2) Recommendatim~ Ihat the Board of Counts Commissioners appro,,e thc staff selection of firms and a~ard Agreements with firms for the Fixed Term Professional Engineering Services (RFP #98-2835). Award Bid ~98-285[} for Emulsi~-m Polymer for the North and South (.'ount', '~,'ater Rcclamati(m Facilities. 3) 4) 6) 7) Approval (~r a Resolution ratil'ying specific expenditures, for Waste,a'aler I)cpartmcnt te:lm-buildin~2 sessions as serving a valid public purpose. Approval ora Lease Agreement between Collier Count,,' and Ravmond Crav, fln-d for use of a i'mrcel o£1and in Section 8 and 9,'Tov, nshi'p 48, Range 27. CONTIN[;ED TO TIlE ,JANUARY 12~ 1999 MEETINC - Authorize the Transportafinn Services Department to remove the non-~'arranted traffic signal at the intersection of C;oodlette-Frank Road and Royal Poinciana Drive. Authorize ira)moot of an Urban Foreslr,~ (';rant (No. 95-69) to tire Cilv of ,Marco Island, and aulhorize letter stating same to the Florida Departmen! of Agriculture ~Jth Chairman's signature. Adjust Water ,Mana/2emcnt CIP Iludg..et (Fund 325) to reflect revisions in Capital Program. 8) Approval of Bid 98-2889. site work at Water Department's Maintenance Building. 9) Io) Approve .-\mendmcnt Six (6) to Professional Services Agreement for Enl~ineering Services related to improvemenls at the South County Water Reclamation Facility, RFP 93-212 I, Project 73053. ' Approve a Resolution identif.~ ing the pledged revenues arrd authorizing Ihe Public Works Administrator to execute any State Revolving Fund Loan Amendments. ' .4 December 8. 1998 17. C. PUBLIC SER VIC'E.~ D. SUPPORT SERVICES 1) Execute contractual a~reement v, ith Golden (;ate Fire Control and Rescue District for fire and rescue protection services v, ithin Ihe Collier Counts Fire Control District. · 2) Adopt a resolution and approve the Grant of Utilit,, Easement to Sprint- Florida. Inc. 3) A,,vard Bid No. 98-288-1 and execute annual Appraisal Agreemen! for the appraisal of (;AC Land Trust Properties. E. COUNTY A DM I?,' I,VI'P, ATOR l) Budget ..\mendmen! Report F. llOAI*,I) ()F COL;NTY CO,'",I.MIS.";I()?~'ERN G. ,MISCELLANEOUS CORRESI'()NI)ENCE 1) ,Miscellaneous items lo file for record with action as directed. Il. OTttER CONSTITUTIONAL OFFICEI,IS I) To seek the Board of County Commissioner's approval of thc Cc'rtification of AcceptanceofSubgrant A',~ard entitled [)e~elopmentand Automation of Criminal Court Case Records Reporting .S.xstern. COUNTY ATT()RNI::y I) A~reement and budget for parlu, I fundinj~ of Legal Aid Societs. .I. AIRPORT AUTtlORITY SUMMARY AGENDA - Tills SECTION IS FOR ADVERTISED PUBI. IC ItEARINGS AND MUST MEET TttEFOLLOWIN(;CRITERiA: I)A RECO.MMENDATIONFOR APPROVAL FRO.M STAFF; 2) UNANI.',d()L'S RECO.M.'slENDATION FOR APPROVAL BY TIlE COLLIER COLiNTY I'I...\NNIN(; COSI.MISqJION OR ()TILER AL'TIIORIZIN(; AGENCIES OF ALI..MEMBERS PRESENT AND VOTIN(;; 3) NO ~,\RITTEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVEI) BY S2AFF. TIlE COLLIER COUNTY PLANNING COMMISSION, OTllER AUTItORIZING AGENCIES OR TIlE BOARD, PRIOR TO Tile COMMENCEMENT OF TIlE BC(' 51El: TIN(; ().',,' WltlClt TIlE ITE?,IS ARE SCHEDULED TO BE ttEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. Ao Petition CU-98-18. Alvin J. Sandsm;,rk. of Southwest Florida Design & Engineering, representing American ffundinl/ and Servke Corporation. requesting Conditional Use "6" oflhe RMF-6(3) Zoning District to allo~ for an Assisted Living Facility (ALF) for property located on the ~sest side of (;oodlt'lte-Frank Road (CR-851)and east side of 12'~ Street North, in Section'~'~ Tos~nship-9..oulh. Range 25 East, CollierCo:mtv, Florida. · Petition SNR-98-5, Rob Wright. representi,g Glen Eagle Golf & Country Club, requesting lhe follovsinff street name chang,:s for properly located in Embassy Wood, s December 8. Igg,~ Golf & Country Club al Ilrctonne P;irk, in Secti~m 5. Township 311 South. Range 26 East: Embassy Woods Boulevard is tn be changed to Glen Eagle Boulevard South; Embassy Woods Boulevard East and Embassy Woods Boulevard Wesl are to be changed to Glen Eagle Boulevard; Ambassador Boulevard is to be changed to Glen Eagle Boulevard Norlh. Ce Petition SNR-98-1 l, Collier Count,,' Communits. l)evelopment and Environmental Services Division. requesting a street name change from Athol Court lo Athol War. located in Brittany Place, Phase Two, in Section 5, Township 50 South, Range 26 ~ast. Petition PUD-86-12(3), Donald W, Arnold of Wilson. Miller. Barlon & Peck, Inc.. representing ,John B. Goodman Limited Partnership, a Minnesola Limited Parlnership. requesting an amendment to the "Bretonne Park" Planned Unit Development (PUl)). for the purpose of eliminating commercial land uses on commercially designated tract and replacing those uses v. ith an Assisted Living, Facility (ALF) tho; includes a skilled nursing facility and olher ancillary uses, increasing the building height from 30 feet to 50 feet, and providing development standards for the proposed ALF for property localed at the northeast quadrant of l)avis Boulc,,ard (SR-84) and Embassy Woods Boulevard in Section 5, To`,vnship 50 Soulh, Range 26 East. Collier CounD;. Florida. CONTINUEI) FROM NOVEMBER 24. 1998. Petition PUD-98-13, R. Bruce Anderson of Young. van Assendcrp & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A' Rural Agriculture to "PUD" and PUD to PUl)" Planned Unit I)evelopmenl to be kno,an as Collier Tract 21. formerly Beachwav PUD, for a golf course and acccssor`, and incidental facilities including a clubhouse. 50,000 square feet of C-3 commercial uses and/or a hotel on property located betv,'een U.S. 41 on the east and Vanderbilt Drke on the `,~est. lying north of I I l'~' Avenue and south of the Cocohatchee River. in Section 21. Tov. n.~hip 48 Soulh, Range 25 East. Collier County, Florida consisting of 267.44+ acres. 18. ADJOURN INOUIRIES CONCERNING C}iAN(;E.~; TO Till-; BOARI)'S AGENDA S}IOUIA) lie MAI)F; TO Till; COUNTY ADMINISTRATOR'S OFFICE AT "74-8383. 6 December 8. lqO8 AGENDA CIIA NGES DECEMBER 8, 1998 BOA RD OF CO UNTY COMMISSIONERS' MEETINC ADD: ITEM 8(E)(4) , RECOMMENI)ATION TO AMEND TIlE /IGREEMENT FOR REFERENDUM INFORMATION SER VICES WITII FLORIDIANS FOR FAIRNESS "IN COURT FUNDING. (STA FF'.5' REQUEST). MOVE: ITEM 12(B)(1) TO 17(F) . PUD 98.7, REQUEST FOR A REZONE FOR "A" AGRICULTURE TO PUD TO BI; KNOWN AS WYNDtlAM PARK PUD FOR SINGLE FAMILY AND MULTI. FAMILY RESIDENTIAL LAND USES FOR PROPERTY LOCATED ON THE WEST SIDE OF CR 951 SOUTtl OF IMMOKALEE ROAD. (STAFF'S REQUEST). CONTINUE ITEM 8(E)(3) TO 12/15 MEETING: STAFF REPORT ON 7'ItE POTENTIAL IMPACT OF TflE CLERK OF COURI:$' "YIELD BURNING" I2IWSUIT ON TIlE PENDING REFUNDING OF COUNTY WATER.SEWER DISTRICT REVENUE BONDS. (STAFF'S REQUEST). ., CONTINUE ITEM I7(E) TO 12/15 MEETING: PETITION PUD-98-13 COLLIER DEVELOPMENT CORPORATION REQUESTING tlr REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" AND PUD TO PI,,INNED UNIT DEVELOPMENT KNOWN AS COLLIER TRACT 21 (FORMERLY BEACHWA Y PUD) FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FA CILITIES INCLUDING A CLUBHOUSE AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN US 41 AND VANDERBILT DRIVE. (PETITIONER'S REQUEST). MOVE: ITEM 17(A) TO 12(B)(2) . PEITITON CU-98.18, AMERICSIN FUNDING AND SERVICE CORPORATION REQUESTING CONDITIONAL USE "6" OF TIlE RMF. 6(3) ZONING DISTRICT TO ALLO IV FOR AN ASSISTED LIVING FA CILITY. LOCA TED ON THE WEST SIDE OF GOODLETTE-FRANK ROAD AND EAST SIDE OF 12rtt STREET NO. (COMMISSIONER CA R TER). MOVE: ITEM 17(D) TO 12(B)(3) . PETITION PUD-86-12(3) JOHN B. GOODMAN LIMITED PARTNERSHIP REQUESTING AN AMENDMENT TO TItE BRETONNE PARK PUD FOR THE PURPOSE OF ELIMINA TING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNED TRACT AND REPLACING TIIOSE USES WITtl AN ASSISTED LIVING FACILITY LOCATED ON TttE NORTHEAST QUADRANT OF DA VIS BLVD. AND EMBASSY WOODS BLVD. (COMMISSIONER CARTER). I PI2OCI_AIAA 7'ION W}'4EI~EA,R local weather cond/t/ons can change qu,chly brm$,Rq severe weather which can cause m juries, death and property damage.' Y~~, Co/her Covntg residents need to be alerted to the poss~b,gtg or ~mmm~t'opprooch of severe weather 1o protect rhe,r hues andproperty.' W~A~, NO~A Weather ~od~o ~s o networ~ of 450 r~d~o 5totes prowdm9 current weather observohon data and forecasts for use by the 9e~erol pubhc 24 hours o day, seven days o WH~A~, NOAA Weather ~od~o prowdes severe weather mformohon m the form of ~tch~ end wornmys for severe thunderstorms, tornados, f/ood~.~9 and hurricon~ tn order to protect the hve$ ondproperty of the people of Colher C~ty,' ~n~ W~A~, the watches e,d wor~mgs issued by the ~h'ono/ Weather Zerw'ce through the o/arm copob~hh~ of NOA~ W~ther Pod, o con pray, de precious mmut~ of oddmono/ lead hme ~hen dangerous ~eother threatens our or~. ev~ tn the ~idd/e of the ~2ht.' on~ ,.. WH~A~, the ~hono/ Weather 5err, ce, the Federal (FEMA). end local Emergency ~onogem~t og~c,e$ across the co~ try recom~d that every but/dm~ be eqw~ped with o NOAA Weather ~od~o just as they ore w~th $mohe detectors; ~ W~ER~A~, m the p~1y~r Co/h~r Co~ty and the S~te of Florida have worhed together to p/ace a NOAA W~ther ~ad~o alert rece/v~ m eve~ pubh'c and private well ~ other pubh'c fooht~ where the pubh'c ~ther$ in ~rge numbers m Colhtr W~EM~, NOAA W~ther ~adto rece/ver~ are r~d/ly avoi~b/e ~d ~g be purchased for $~5.00 to $100. O0 at c~$umee e/ectrow'c ~E~E~, the new~t NOAA' Weathe~ ~od~o transm)rtev m the Un/ted Stot~ t3 now m operott~n servmy the prop/eof Co/her Cowtg. F/omda ~ o fcequ~c? of I~2.525 Co/h~ County, the ~ttono/ W~ther Service and the 5tote of ~/om'do, and WA VV ~od/o wh/ch hos ~eng~o~/yprov/ded the to,er space for the ~t~no rent {rev for two y~r$. NOW THE~EFO~ be it proclotmed by the Boord of County Commandeers of Colher County, ~/or/do. that the week of December 7- IL 1998 be d~ted o$ ond urge oil Coheir CoUn ~ r~d~rs fo o~vm~ ~ $u~tobl~ NO~ ~th~r ~od~o rcc~/ver for thc~ home ~d p.~ce of bu~s 1o race/ye fht3 cm'hcol and DONE AND ORDERED THIS 8th Day of Decembec 1998. BOARD OF COUNTY CO/Hh~5Z$ONER5 COZ l rER COUNTY, FLOgZDA ,4 TTE5 T: BARBARA E~. BERRY, CHA'I'R/~AN DWZ61qT E. BROCK, CLEI~K PROCI./A4A TION WHEREA5, the Cooperat/ve Extens/on Serv/ce tS an ibtegral part of Co/her County Government tn partnership kvith the Un/vers/ty of £1orida,' and, WHEREAS, the F/on'do Yards and Ne/ghborhoods Program, i~p/emented through the local county Cooperative Extension Serv/ce, offers specio/ educoh'on programs for res/dents and neighborhoods, d~tributes o FYN landscape 9uide and cer'tiA~s yards os fo/low~n9 the FYN program ~uidehnes,' and, WHEREAS, WHEREAS, that by eob'sHag res/dents m the bathe to save Flon'do's natural resources by recrui'h~g them to adopt enwYonmento//y fr/end/y /ondscope pract/ces, they volunteer thet~ t/me and energy to a common good of Co/h'er County,' and, urban impacts on water quoh'ty and natural ecosystems wit/be reduced as F/or/dlons adap t }andscape proc t/cas tho t decrease stormwoter runoff, reduce water consumpt/on, ond m/nim~ie the use of ferh'/~zerS and pe. sh'c/d~,' and, WHEREAS, Co/h'~r County and the LYn/vers/ty of ?/orMa Extensfon 5err/ce have been cooperat/ng for ~ny yeoCs to/d~nti'fy a~ combat the threats o~soc~ted with mv~ive ~ot/c plants, Fiom'do Yards use p/ants that mor~ c/ose/y ko~mom)e ~ith ~lor/do ~ no Tufa/areas and wiidh'fe; on~ WHE~EA~, NoelJe Kouromokt' ls the first Co/h~r County res/dent to be cacti'f/ed OS o F/or/do Yard homeowner. MOW TH~R~OR~ be/t proclw~ed by the B~rd of Coun~ Comm&stbners of Cattier County, ~/on'do, thor December 7- ii, 1998 be d~noted as FLO~DA YARD5 AND N~GHBORHOOD~ WEEK ZN CO~ER COUN~ and that 9mdtude and oppreobhbn i~ ~le~ed to all the county r~s/dents who hove coordinated the/~ ~fforts ~o change the~ y~rd ~am tenonce proc ti'cas to conserv~ F[o~do ~ coos roi ~a tars. bO~ A~D O~D~D ~%~ 8th Day of December, I~8. BOARD OF COUNTY COt~t~ZSSZONER5 COLLIER COUNTY, FLORIDA ATTEST; BA~BAP. A B. BERRY, CHAI.~MAN pg. / EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE DEBRAH PRESTON, PRINCIPAL PLANNER, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION, AS COLLIER COUNTY EMPLOYEE OF THE YEAR FOR 1998. OBJECTIVE: The "Employee of the Year" Program is designed to recognize exceptional performance and uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Debrah Preston has been very active with the redevelopment efforts under'way in Immokalee and the Gateway Triangle/Bayshore Area. She coordinated a competitive grant application through the State Division of Historical Resources to have Immokalee designated as a Florida Main Street. This designation was received along with a cash award of $10,000 and technical assistance in developing a revitalized downtown area. Debrah developed a program that provides for grants of up to $1,000 and technical assistance on design, resulting in facade improvements for five (5) businesses along Main Street. Her efforts also included coordinating volunteers, securing donations, painting, and serving as a member of the Main Street Board. She has also served in key roles with the Friends of Robert's Ranch, seeking funds to purchase and develop the site as a living ranch from the turn of the century, and with the Lake Trafford Restoration Committee. Debrah has participated in several community projects, including clean up projects in Immokalee and the Gateway Triangle, Paint Your Heart Out efforts in the Gateway Triangle, Habitat for Humanity house raising in Immokalee, Christmas dinner at the Immokalee Friendship House, as well as volunteering countless hours for fund raisers at Pepper's Preserve to promote the nature tourism of the lmmokalee community. She has served asa resource for the Economic Developmenl Council Redevelopment Committee by acquiring free legal assistance for facade improvements on the Arcade Theatre. As the lead person for the Gateway Triangle Area, she initiated the process of hiring consultants to prepare an initial assessment of redevelopment potential in the Triangle, coordinated several public workshops to seek input on the concerns facing the area, formed a steering committee to provide input from the community, and organized a Clean Up Day and Faint Your Heart Out event for the residents. These efforl, s have been expanded for both the Triangle and Bayshore Areas, and a redevelopment plan is currently under, ay with a consultant team of planners, architects, and an economic analyst. Without reservation, Debrah Preston has been selected as Employee of the Year for 1998, FISCAL IMPACT: "Employee of the Year" selectees receive a $2~0'~,.~!,for  ~-k ~.~: . this award are available in the Unincorporated Area General Fun , L. on~-'(~;~'F3(a~r~in9 Cf.)st Center 111-138317. ~ ~ ~)~;~ DEC ,.; o RECOMMENDATION' That Debrah Preston, Principal Planner, Planning Services Department, Comprehensive Planning Section, be recognized as the "Employee of the Year" for 1998. PREPARED BY: Administrative Secretary DATE: APPROVED BY: Phil Tirht:q'a II DATE: Assistant to the County Administrator County Administrator's Office EXECUTIVE SUMMARY REPORT ON Tt-tE STATUS OF THE LIVINGSTON ReAl) ROADWAY CORRIDOR AND CONSTRUCTI'ON PROJECTS. OB,JECTIVE: To provide the Board and tiao public ;.Ira update on the status and consider alternative program scheduling for thc Livingstor~ Road Corridor From Radio Road lo thc Collier- Lee Count,,,.' Line. BACKGROUND: Livingston Road has been a work in prourcss tbr over sixteen years. Thc first segment was thc existing two-lane portion Frontinu and prox'i~ng access to thc Wv~xtcmcre PUD. This road was established in late 1981 or early 19~2. Since thal time there have be~n several small two-lane potions improved to provide local a~cess. The most sim~ificant oFthese is the pomion From Pine Ridge Road noah to Daniels Road serving ~hc 1,ix'in~sto~/Woods Subdivision. This area was originally platted as Unit 35 oF Golden Gate [Lslntcs and xt~al is now known as lJvings~on Road is thc result of an accumulation of dec(ted rights-of-way from adjacent property owners. Thc Livingston Road Corridor has been divided into sever'al sculnents lo pro,:idc more workable "packages" For the long-range roadway ilnproven-~ent program. These segments arc: 1. Radio Road to Golden Gate Parkway (approx. 1.5 mi/cs) 2. ©olden ©ate Parkway to Pine Ridge Road tapprox. ' 3. Pine Ridge Road to Vandcrbilt Bc~ch Road (approx. 4. Varmdcrbilt Beach Road to Immokalcc Road (approx. 5. lmn]okalcc Road to thc Coll/er-I_cc County I.ine rapprox. Attachn'~cnt No. 1 is a map depicting thc o','crall roadway corridor and thc individual sc~mcnls described in this Executive sunqmarv. ~ bid in January. 1999. Thc construction period will be about 15 montlns. Little disruption to existing traffic is expected s/ncc mr>st oF thc constFuction xtilI bc within a now righl-ofkv.'ay. Tine tcmainal points at Radio Road and Golden Gate Parkway will bo thc most visible indications of thc work taking place. under design. Thc original plan was lo have both Ibis sc~mcnt and thc previous scumcnt designed and constructed under one COlllI'ilCI. }{OWC','CF. ;![ i}IC ill'~iliU i)i' t}lC r'csidcnts of' thc - · -,~, .......... as two distinct projects and not lo proceed witl~ this segn'~cnt un!ii "absolutely necessary". Q'onstFuction is presently pro.grammcd for FS' 2002. /~i,e Rhtgc R~czr/ fo, l'(;~tctcv-hill /3crwh /?or:~t (~ipp~'oA'. _~.[~ m//c.;') This segment is a~so under design. Construction is presently programmed lbr Fh' 2003. l"~,(lerb/lz Bc~c/~ Road ;o/m,lo~'a/ee Road (a/~/~ro.x'. 2. 0 mt'/c.~'/ -- This sc~ment is in Ibc final stage of corridor and ali?mcat analysis and shc, uld he under desto,: l~,~cr ~his ilscai yea,-. Construction is prcscnt!y l)rogr'an~n~ed fbr FS' 2( ~XCCLII RcporI Pa~c 2 ivc S urllmarx' Io Ibc Board on thc Slatus o£Lix'inuston Road lmmokulee Road 1o [he Collier-Loc ('emro' Linc (eU~l,,o.v. 3.0 mih'x) Thc soulhemmosl 700' (approx.) has been conslruc~ed under a Developer Conlribution Aurcemcm (DCA) wilh developer of the ('ar]Ion l,akcs I'1 ~D. Thc remainder is linc subjccl ~J' a [)('.,X with l.on~ Panners (I.BP), an affilialc o1' ~{~c developers el' thc Bonin~ Bay lq~[). This sc?~nt presently under design and constructim~ is cxpcclcd by ~:5' CONSIDERATIONS.. Livingston Road, by itself, has ,lO concurrency implications. II does. however, play a very imperator rolu in thc over/ill transp(wtation system ch~iractcrisl~cs and in how the transpomation system Functions. (;oilier ('oun~v has few all~rnate ncmh-soulh (or cast-west) transportation comdors available. The development ~attcrn over thc pasl two decades has ellUclivelv Foreclosed procnring additional altemale transportation cc~rridors. The consequence of this development pattern is that existing transportalion routes become stressed to the point where acceptabJe I_evc{s oC Service (I.OS) cannot be ,nainlaincd. 'I'he [.ivingslon Road Corridor is one of m'o major remainJ)lg transportation corridors loft in ('oilier ('ountv (thc olhcr hcinu thc Santa Barbara Boulevard Exlension Corridor). lJvin~slon Road will htnc'lJon as a "reliever" h~r both Airporz Road and 1-73. 'fo a lesser extent it wil~ scrxc a similar purpose fbr (5oodlcllc-l:rank Road and Santa Barbara [~otllcvard..'Xttachmcnt No. 2 is a lllap SI1OV.'JI1U the 202O Needs Assessment Network. Note that Livingston Road is show~ as an t~ltitnalc ()-}an~' suction I'rom Radio Road to Golden Gate Parkway. while thc balance of Ibc corridor is shown as a 4-lane t~/rim;]tc scclion. Parkxvay. will provide some small dcsrcc et relief For thc scumcnl el' ..Xiqmrl Road fkom Davis [Boulevard to Golden Gate Parkx~ay: } owcx'cr, until thc segment From Golden Gate Parkway to Pine Ridge Road is constructed. Il]ere will be additional stress on thc (}olden Gate Parkway-Airport Road intersect/on. That intersection is now operating x'c~' close lo LOS F. an unacceptable condition. In addition to the progranl oullined in this docunlcnl, there have been a number oF inquiries ITem thc clcvclopn]cnl community with respect to accelerating thc construction of several oF lhcsc segments. Road segments have soon thc most interest. SIafF has reviewed tile cxisling program and presents tho IbIlo'A'ing ahcrnatix'cs I'm' tho Board's considcratic, n and direction: Continue wilh tho construction of thc Radio, Road to (Jo!dun (Sate t'ark',vav SL'UHlcnt: acccJcratc thc Ootdcn (}at,: Parkway t,:~ Pin:: Ridt:c Roi,] sccmcni: accclcr;ltc, thc'Pino'Riduc Road to Vandcrbilt Beach Road scgl-ncnl: Icaxc l~c segment-fi'om X'andcrhi}t Beach Road'[o lmmokaicc Road as programmed. ('olllirluc with the construction of thc Radio Road Ia Golden Gate Parkway scumcnl: acccleralc lhc Golden Gate Parkxvav Ia P/ne Ridge Road segmcnl: leave the Pine i~idg~' Road 1o Vanderbilt Beach Roa({ segment as programmed: )cave Ibc segment l?om Vandcrhilt Beacll Road Io ImmokaIce Road as programmed. Continue thc program as presently scl Forth in thc most recent (19t;7),.XUIR. PC. _ ~ Page FIS('AI, I.XII'A('T: Each segment oF this road pr%jcct has costs associalcd I'or design, i~ permitting, mitigation, right-oF-v,.'nv acquisition, conslructiort cr~uinccr~nu ;.t~lr, l inspection, and acttm] construction. These costs arc outlined bcloxv: 1. Radio Road to Golden Gale t~ark,.,.';~v (approx. !5 mil(si 2. C}old¢i't ©ate Park,.~.'av to Pine R. idg¢ [~,oad (appro:,:. 2.5 '~ Pine l~iduc Noad to',."andcrb~lt' t~cach .~.c~ad (aj'~pro:,:.Illilc's) - · ~ 2.0 . 4. Vandcrbilt Bench J~,Oil'~l tO Immokalcc 1?,o:.ld (:lpl'~F~'s ~ 5. [nqmokalce Road tc~ d',c Collier CouI~tv l.inc (itpprox. 3.[* n'lilcs) .,%pproxim;~tc 'l'otal Pro (ct This cosl il'~cludes the value oFtl-.c [.[3P Dcvclc, pcr (~'ontril'mtion :\grccmcnt. GIR()%%'Ttl .'~I.-\NA(;ESII']NT I.~! I'.-\('T: l.i',:m.~ston f<oad is an impor'laz~ and i~]tuural par~ of Collier CotilltV's transporqatiot~ network. Failure tt~ keep it on schedule will have ~na~or impacts of thc Growth Management Plnn nnd appears on both thc 2()24 Needs Plan and the 2r)24 [:inancialiv Feasible Plan. RECO.~I.~IENI),,\TION: Staff requests thc l'~,,',;~rd c'(,nxlticr' ibc prr~ur;m~ schcdulinu with L~vingston [(oad ('orrJd}'jr [)c','clopmcnt .,Nltcrr~ati,, c X,~ 1. [~dward .I. Kanl. ILl].. 'l'ra~,~porl;~tion %cr'x ~ccs [)..\'l'i':' ,// // ............ iX.:' .. _ 1. ~ CJavin Jc~qos;. J .iq., !~'crin~ XIt'O ( .APPROV};I) B~¢LLW~_~-L~~;z%~-~ c.u., [).,['l'~ . '.' ''' bio. I .",lap oFl_ivingston f<oad ('t~rTittt~r .X;o." - .Xlnp 01'?120 Nccds ..\sscssrnent [~,r',ildv,;t',' .",~.~o.~,r.~, :') SPRI;N [J O1~1TA 4 COLLI COUNTY COUNTY IMM 0 ~. &L E E R D .[ BIG · -' CORKSCRE ISLAND VANDERBILT BEACH Do I Il II1 ., l\' i =~GO LDEN GATE l.ivin~slon Road Corridor Radio Road to (;olden Ga~e Parkway Golden Gate Parkway it) Pine Ridge Road Pine Ridge Road to N'andcrbiJr Beach Road Vandcrl3ilt Beach Road lo lmmokalcc Road Immoka]cc Rnad lo C'o!iicr-I..cc ('oumv Linc NAPLES LAKEWOO SOUTH LELY NAPLES ,'~.PLE~ (COL~R COb~'T~I ~P~ I I ¢ ? EXECUTIVE SUMMARY CONFIRMATION OF APPOINTMENT OF JOHN L. COOK, .ILL, AS E,MEI~.(;ENCY SERVICES DIVISION AI)MINISTRATOI~ OBJECTIVE' Confirmation bv thc Board of County Commissioners of appointment of John L. Cook:. Jr.. as Emer,gency SeN'ices Divisian Administrator. CONSIDERATION: More than 50 applications for the position of Emergency Sera'ices Administrator ,.','ere received. A selection committee made up of Robert Fernandez, Count,,' Administrator. Nlichael McNees. Assistant Count,,' Administrator. and Jcrrc Salmon. Senio'r }tuman Resources Analyst. }luman Resources Department was formed to review and evaluate tile applicants. From thc applicant pool. i]vc (5) external and two (2/ intcnml candidates ,.,.'ere selected as finalists. {'_)nc cfi'thc live external candidates subsequently withdrew from consideration, and the remaining faur were interviewed ,,'ia video teleconference. The selection committee conducted personal intcrx'Jews w/th the two internal candidates. The County Administrator's selection as most qualified candidate was John [,. Cook. Jr. A seasoned Fire and Rescue and Emergency Medical Services prolbssional with over 25 vcarsof experience. Nit. Cook is a Texas-registered Xlastcr Fire Fighter. Class A inspector, and ~tass A Instructor. holding Bachelor of Business Administration and Master o1' Public Administration degrees. }hz has also xvrixcn numerous arliclcs on fire fightin2 operations and tcchnolouv that have been purl shed m several trade periodicals. Attached R)r lk~rlhcr review is his resume. Reference and background checks Ibr .\Ir. Cook have been successfully COnlplctcd. FISCAL IMPACT: Mr. Caok }:as been ol'lk'rcd ail annual salary of S80.(/00. The estimated I:Y 99 cost. including fringe benefits, lbr an estimated 19 pa}' periods is $84.000. Based on the same salarv, the full }.ear's cost would bc approximatci:. $110.1Cl0. Funds arc available in tile General Fund (001). Iimer~cncy Services Adnninistrat/onl]44110). (;ROWTH MANAGEMENT ,.M, ,,kC I: None. RECOMMENDATION: That the Board oi' County Commissioners confirm the al;poirmncnt of John L. Cook. Jr., as Collier County' Emergency Services Administrator. D ..... r ' . . . ---7 T'- t lnll~p R<'"I ~ndall, .,\:,s~stant to ,nc County .'\dm~n~strator Approved Bx" Robert F. I:ernandez, Coufltv Administrator [)ate: John Lee Cook, Jr. P. O. Box 4528 Leesburg, Virginia 20177-8577 Phone: 703 779-97,;1 Fax: 703 779-9735 jcook35064@aol.com ED {JCA TION 1998 Accepted in the Executive Fire Officer Program at the National Fire Academy. I successfully completed the Executive Development Course in January 1998. 1978 Master of Public Administration Southwest Texas State University 1971 Bachelor of Business Administration Sam Houston State University CER TIFICA TIONS I am eligible for the following certifications from the Texas Commission on Fire Protection: Master Fire Fighter, Class A Inspector, and Class A Instructor WORK EXPERIENCE Director of Fire and Rescue Services for toudoun County, Virginia from 01/11/96 to 06/24/98: Located in the Washington, D.C. metropolitan area, Loudoun County (1997 pop. 123,500/517 sq. mi.) is the fastest growing county in Virginia. I was hired after a national search. The FY 99 budget is $ 7.5 million. The system has 78 career and 1,083 volunteer members who staff 18 fire and rescue stations and responded to 11,124 incidents during 1997. The Department serves as the E-9il telecommunications center for the entire County. Services include fire and EMS training, fire prevention and investigation, fire suppression, emergency medical service, and disaster preparedness. Fire Chief/Emergency Management Coordinator for the City of Denton, Texas from 02/02/87 until 10/01/95: Denton (1995 pop. 68,000) is the County Seat of one of the fastest growing counties in Texas. Located north of the Dallas-Fort Worth Metroplex, Denton is the home to two state supported universities with a combined enrollment~f,.~p, re than 30,~00 students. The headquarters of FEMA Regio~ MHMR facility with 700 clients, and a number of ~large John Lee Cook, Jr. Page 2 of 7 manufacturing facilities are also located in Denton. i was hired after a national search. During my tenure the department increased from 96 employees deployed in four stations to !16 employees deployed in six stations. The FY 95-96 budget was $6.2 million. In 1994, the Department responded to 6,270 Fire and EMS incidents with five engine companies, one truck company, and two ALS ambulances. The Department operates under Chapter 143 of the Local Govt. Code, Municipal Civil Service and has an IA?F local. In addition, EMS was provided by contract to an additional 36,000 residents of eight smaller cities near Denton and a 330 squares mile portion of rural, unincorpora~et~ c Denton County. Fire Chief/Emergency Management Coordinator for the City of Conroe, Texas 03/30/81 until 01/15/87: Located just north of Houston, Conroe grew from 18,000 to 28,000 residents during my tenure and the authorized strength increased from 15 FTE's deployed in one station to 51 FTE's and 15 volun%eers deployed in three stations. The FY 87- 88 annt]ai budget was $1.7 million and funded the operation of three engines, one truck, and a BLS first responder service. Dispatch service was provided to 12 fire departments and the County Hospital District EMS which served more than i00,000 residents of Montgomery County, Texas. Captain/Training Officer for The Woodlands, Department 01/01/80 until 03/15/81: Texas Fire The Woodlands (1980 pop. 18,000) originally began as a new town development of the Mitchell Energy and Development Corporation and HUD. As a Captain, I was third in command and was responsible for Fire and EMS training the 20 paid and 30 volunteer members. I responded as incident commander to fire/EMS calls. CAREER HIGHLIGH TS Mv~ car~er., be~an~ in 196~ when i joined the Huntsville, %exao Volunteer Fire Department at the age of 19. In 1972, I became a pai~ fire fighter in Baytown, Texas. Beqinninq in 197'3 I taught EMT classes, basic fire recruit training, and fire protection technology courses for nearly six )'ears at the community college level. My wo~.,, experiences have been in positions of increasing responsibiliny and salary. I have a successful administrative re~o~d~ r of reorganizing departments and improving employee productivity, implementing change, increasing trainina and improving the service in the local community. .~' ~i" ': t John Lee Cook, Jr. Page 3 of 7 As a member of the Montgomery County Eire Chiefs Association, I participated in the development of a six county automatic aid agreement. The organization was composed of both paid and volunteer departments and provided a full five alarm assignment to any point in the County. This included move-ups to cover all stations and was coordinated by a combined Fire/EMS dispatch center with E-911 service. As the Emergency Management Coordinator for the City of Conroe I developed the emergency preparedness plan. I sought and obtained a FEMA EMA grant to fund 25% of my annual salary and helped supervise the City's response and recovery operations during Hurricane Alicia in 1983. In the nine years prior to my being appointed as Fire Chief in Conroe, there were 21 fire fatalities. As a result of an aggressive fire prevention/public education program, there has only been three fire deaths since 1981. The insured fire loss ratio also dropped from 90% to 31% while I was Fire Chief. During my career I have written and negotiated the enactment of two comprehensive automatic fire sprinkler ordinances. First in Conroe in 1981, and in Denton in 1990. The Denton ordinance passed after four years of negotiation with the Chamber of Commerce, developers, and local builders. We also secured the voluntary retrofitting of three high rise dorms, the County Court House, and three city buildings in Denton. I implemented incident management systems; published written rules, regulations, and standard operating procedures; fostered the development of wellness and employee assistance programs; and encouraged employee participation in both Conroe and Denton. I have supervised the design, construction, and opening of four fire stations and have remodeled four stations. The remodeling included installing more efficient energy management systems. I have also experienced ti~e political turmoil of closing the fire station in Denton's Central business district. Funding was included to reopen this station in the FY 1995-96 bud~]et. In 1988, I participated in the consolidation of Denton's fire/EMS dispatch functions with the police, placed E-911 in service as well as a 800 MHz ~runked radio system. In 1996~ after my departure, a fire/police MIS, CAD, and mobile computer system was placed in service with obtain and with specifications that I helped to John Lee Cook, Jr. Page 4 of 7 During my career I have written the specifications for and have purchased 6 engines, 3 brush Erucks, ! foam pumuer, and numerous staff vehicles. I have supervised the purchase of 5 ambulances and numerous staff vehicles and the rehab of 2 ladders, 8 engines, 2 water tenders, 1 booster and 2 ambulances. In conjunction with the Texas Fire Sprinkler Contractors Association, I helped obtain a grant for the Texas Fire Chiefs Association from FEMA for $25,000 which funded the construction of a residential fire sprinkler system demonstration trailer. The trailer was donated to Texas A and M University's Fire Training School. While serving as the Director in Loudoun County, the number of stations staffed during the daytime by career personnel increased from four to seven, the number of career fire fighters increased from 14 to 39, and the daily coverage increased from nine to twelve hours per day. I also helped prepare a Strategic Plan to guide the future of the fire and rescue system. CiP projects included upgrading the paging system to a multi- site simulcast system, replacement of the E-911 system, hiring of a consultant to develop specs for the replacement of the entire public safety radio system, and the upgrade cf the CAD/MIS. In 1996, i participated in th'e US/UK Fire Symposium sponsored by the NFPA, IAFC, and IFSTA attending both the US and UK sessions and was a panel member at t~e IAFC annual conference in Kansas City for a program on the future of fire apparatus. In 199'7, I conducted a workshop on writing standard operating procedures at the Fire Department Instructors Conference in April in Indianapolis, participated as a panel member on the future of fire apparatus at the Fire Apparatus Manufacturers Association annual conference conducted in October in Tucson, and attended the US-UK Symposium in Piano, TX ~!0-31 & !i-1). PROFESSIONAL/CIVIC MEMBERSH!PS Institution of Fire Engineers USA Branch: Associate Member International Association of Fire Chiefs National Fire Protection Association: Charter Member of the Fire Service Section and Member of the TedM~z-al ~omm{'t~_- ~ on Fire Service Training '~" .. John Lee Cook, Jr. Page 5 of 7 NaZional Fire Sprinkler Association State Fire Chiefs Association of Virginia Former Memberships Denton County Fire Chiefs Association: President 1990-1993 Denton High Noon Lions Club and the Conroe Noon Lions Club Montgomery County Crimestoppers Board Member Montgomery County Fire Chiefs Association ~4orth Central Texas Fire Chiefs Association: President 1994-95 Rural Fire Advisory Council of the Fire Control Division of the Texas Forest Service 1990 to 1995. Served on a committee that helped pass enablinc Legislation for development of a state-wide mutual aid plan. Texas Commission on Fire Protection: 1992 to 1995 Chair of the Advisory Committee on Fire Sprinkler Systems Texas Fire Chiefs Association: 1981 to 1995. Legislative Director: ?lst, 72nd, and 73rd Legislatures. Texas Municipal League: Resolutions Committee 198S; Civil Service Task Force 1988 & 1989; and Labor Relations Task Force 1990 & 1991 Who's Who in Government Services 1991 PUBLI CA 'ITONS Artic2es "Chang~nc. ~ .· Your Department's Organizationa~ Culture" Fire E;s~DeerinG 143 (August 1990): 85-92. "Declarinn a Vehicle Unsafe to Operate" Fire Chief 41 (October 1997): "Inservice" p. 12. Convenes in 'Tucson" 'Inservice'~ p. 2. Fire Chief 41 (December 1997): "Fire Ch'o~ .~_~ Replies" (Guest Editorial) The Co_,4rier, 23 September, 1981. Page 4A. -.-~... John Lee Cook, Jr. Page 6 of 7 "Fire Technology Program in E1 Paso" Fire Engineering 127 [March !974): 65. "A Guide to Chassis Selection" Fire Engineering 142 (October 1989): 82-84. "Hearing Protection: A Sound Idea" Fire [Dqinee¥~n_q 143 (May 1990): 62-65. "The Initiation of Change" Fire Engineerinq 162 (August 1989): 76- 77. "Inventory and Retrieval of Instructional Resources" Rekindle 8 (November 1979): 14-17. "Local Colleges and Universities are Untapped Resources for Fire Departments" Tezas Firemen's News 23 ISeptember 1988): 56. "The Management of Change" Fire Engineerin. q 141 (August 1988): t13- ].20. "Myths, facts of fire sprinklers" (Guest column) Denton R¢cor~- Chroni$~e, 26 April, 1990, Sec. A, page 8. "Profile: City of Denton Fire Department" Texas ~iremen 27 (April 1992): 16-17. "Recent Innovations in Fire Service Training" Fire ConDand 42 (December 1975): 23. "Volunteer Certification Program Begins" Rekindle 7 [June 1978): 13. "Woodway Adopts the Blitz" Texas F~.remen's New~ 14 (September 1979): 10. And F~re Command 47 (February 1980): 16. Books ! am currently under contract with Fire Engineering Books and Videos for a book on Standard Operating Procedures. The work is scheduled to be pub!isn_.d some time in 1998 Unpublished Works "Fire Fighter Strikes." University, 1978. Masters Thesis, Southwest Texas State "Volunteer Recruitment and Retention Efforts in:-{~udoun Coun~tL ..... Virginia" Executive Development Research Pa[.~r. Emittsburg, MD : National Fire Academy. ,.~,.. John Lee Cook, Jr. Page 7 of 7 CONSUL TANT WORK The City of Orange, Texas: Prepared a written Captain's promotional examination in 1996 and a Battalion Chief's examination in 1997. The City of Southlake, Texas: Prepared two written promotional examinations for the rank of Lieutenant, one each in 1995 and 1996. General Safety/Rosenbaur Corporations: In 1995, I prepared a report on the production of aerial devices in North America. ! toured the Rosenbaur manufacturing facility in Linz, Austria in June 1995 and provided input into their Genesis Project. As a resu].t, General Safety manufactures pumpers which utilize both European and American technolcgy. North Central Texas Council of Governments: in 1995, i prepared a report which examined the advantages of sharing fire and EMS resources for 38 political subdivisions in the Dallas-Fort Worth metroplex. Texas Municipal League Intergovernmental Risk Pool: In 1995, I taught a class on fire service risk management and liability issues in McAllen, Texas. In addition to the Clients listed above, ! have served as an Assessor in the selection process for the following positions: Addison, Tx.: Ccppel!, Tx.: Piano, Tx.: Round Rock, Tx.: Sugar Land, Tx.: Fire Chief Fire Chief Division Chief Captain Lieutenant on two occasions E X E C UTI V E S U 5'I 5IA R Y PETITION NO. PUD-98-7 MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT INCORPORATED, REPRESENTING MASTERCRAFT HOMES, LTD., REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL LAND USES, FOR PROPERTY LOCATED ON WEST SIDE OF C.R. 951 APPROXIMATELY 0.6 OF A MILE SOUTH OF 1MMOKALEE ROAD, IN SECTION 27, TO\VNSt-tIP 48 SOUTt-I. RANGE 26 tJ. AST, COLI~IER COUNTY, FLORIDA, CONSISTING OF +/- 120 ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural to "PUD" Planned Unit Devclo[)ment for the purposes of developing a residential development on 120.85 acres of property, providing for three (3) Iracts consisting of development tracts and tracts comprising open spaces, lakes, street right-o~' way, landscape buffer and prcscFvc CONSIDERATIONS: The subject si to is located .06 mile south of the intersection of Immokalec Road and C.R. 951. The pctitioncr proposes to devclop the property for a maximum of 442singI¢2m~ilyand multi- Family dwelling units at a density oi'3.66 dwelling units per acre. Access to Wyndham Park is provicicd from a single entrance from C.R. 951 leading through the development tracts terminating in cul-de-sacs and/or continuing througI'~ thc project providing access to bui Idablc areas of thc site. A pedestrian access to the Oak P, idgc Middle School to 1}'1¢ north shall bc provided from tine subject site if an agreement can be reached with the school board. l.aml Use Residential Density: The projected density of 3.66 dweIlinu units per acre is consistent with the dcnsit,.' rating s;'stcm contained in the I:LUE and is based on the following relationships to tiao required criteria: 47 acres within activity cenlcr density band 73.83 acr{:s outside activit? ccntcr ~-7 dwelling units/acre *-4 dwelling units."acrc ThcrcJ\;rc, 47 (.~i') 7 :-- 329 units + 73.85 02'2 4 ,: 2')5 Total eligibility: ,,'524 units The 442 units constitute seventy (Tf)) percep, t of'the maxirnl2n] allov:ablc 624 units. A portion oi'the subject property (47 acres) is located ',vithir~ one (1) mik: of:.m Actix'itv Center locatcdatCR95i and lmmokalee Road. Lands surrounding thc st~bject site are dcvclopcd v,,ith or are currcntly zoned to allow densities which rangc f~-onl one (l) unit per fivc (5) acres up to -,.10 dwelling units per acre fbr the llcritag¢ ©teens PUt'). DEC 0 8 1998 Traffic Circulation t':~lcnlcnt - Thc ITE Trip Generation Manual indicates that this petition will generate approximately 3,25 I average wcckday trips at build-out aFtcr trip adjustments arc made. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on CR-951 after trip adjustments and assignments are made. However, this petition will not lower the level else(vice below thc LOS "D" standard within thc project's radius of development influence (RDI). Therefbrc, the project is cor~sistent with Policy 5.1 and 5.2 of(he Trafllc Circulation F, Icmcnt (TGI';). The TC[:., lists C,[~-951 as a 2-lane arterial road bet,,vccn lmmokalcc f~Ioad and Golden Gate t3oulevard. The current traffic count for tile segment is 10,696 PSI)T and is opera(big at LOS "C". Thc Peak Season Daily Traffic was based on thc Peak/Annual P, atio s}~oxvn in the County's Transportation Planning Database. It should bc no(cd that this road segment is project to bc deficient by 2006. This segment is depicted on tile 2010 Plan as a future 4-lane facility. In addition, thc site generated traffic onto CR-951 will bc lessened when thc 4-1ane extension of' Livingston [~,oad is completed in 2002. lrunhcm~orc, Immokalcc l>,oad f'rom 1-75 to CI>,-951 will be improved to a 4-lane Facility by 1999. As a result of these roar] improvements, this petition complies with Policy 1.3 and 1.4 c)Fthc TeE. FISCAL IMPACT: This PUD by and of itsclFwill not have a fiscal impact on the County. t{owever, if(his request meets its objective, a portion of(he existing land will be further developed. The mere fi~ct that new development has been approved will result in a Future fiscal impact on County public Grill(irs. Thc County collects impact fees prior to the issuance oFbuilding permits to help off set the impact OFCilCh lqew development on public Ittcilitics. These impact 15es arc used 1o fund projects in thc Capital Improvement Element needed to mai,~tai~a adopted levels of service For public2tcilitics. I~ thc cx'c~t that impact Fcccollcctionsarci~adoquatctomaii}tainacioptcd levels oFservice, tho County must provide supplemental Ftmds tYom other revenue sources in order to build ~cc(tcd lk~cilitics. GROWTIt ;%IAN.,~GEMENT IMP.,\CT: The site is located i~ the Li:'ba)n rVlixcd L;se t<csidc~tiaI l,a~d list. classiticatic)n as designated area on thc Co(tory's t:uturc [,:md Use Map. [Jrbatl Rcsidc~tial Niixcd [/sc is inclusive of a variety oFrcsictcntial !and uses including single l~miI}', multi-/2~r~ilv, dtll¢!CX, mobile holnc and mixed usc (t>la~ncd [~r~it Dc'.'clopm{:~]t). This petition will do l~othir~g to impact tho (]rowth Management Plan. HISTORIC/,N. RCtlAEOI,OGICAI, I~'I i:'ACT: Staff's analysis indicates that the petitioner's property is !oci~led outside an area of historical ai~d archaeological probability as referenced or~ thc offScial Collier County Probability Map. Therefore, no lqistoricai/,~rchacological Survey and Assessment is rcctuircd. BEC 0 8 998 PLANNING COMMISSION RECO;MMENDATION: The CE'PC ,,'otcd unanimously to recommend that the Board of CouIl(',' Commissioners approve PUD-98-07 based on the Following stipulations: I. Side',,vMks shall be constructed on both sides ortho street cons/stent with thc requirements of thc [.and Development Code. A pedestrian/bic,,,cle access shall be provided from the subjec~ site to thc adiaccnt school provided an agreement can be reached betv.,'ecn thc pctilioner and thc school board. The petitioner verbally agreed to thc above stipulations al the CCF'C hearJn,..z. }{owevcr, L:i')On request to provide an amended PUD documcnt and Master Plan reflecting those stipulations presentation to tile Board. thc petitioner failed to do so in a timely manner. Consequently. thc attached PUD document and Master Plan do not reflect thc chan~es pursuant to starts recommendations as agreed to verbally by tine petitioner and approved unanimously hy thc Planning Commission. For these reasons, this petition was placed on lbo rckmlar aUclld;l rZllJlOF than tine summary agenda PR}:'.PARED BY: //~,J~, ~c ~ r ~Z~N MUP, R..\5'. A, ICP CHLE.: F PLANNER LE x"I E x,,?2,f)",B Y: .[ RONAI.D F. NiNe. ~CP. CURRENT PLANNING SECT/ON ~BER~ J. MUI.HERE. AIC'P. DIRECTOR PLANNING SERVICES D,.\T}~ APF'RO\'£DB~;: Pedtion Number: PUD-98-? Wyndham [:'ark PUD This petit/on has been tentatively sc}teduled for the December 8. ! 998 Comrnissio:~,ers Public Hearing. Board oFCounty 0 8 1998 .3 AGE:::3.:,.iTE:'! ?-E .M EM OR.-\N D L'.Xl TO: FROM' COLLIER ('()UNT'f PLANNING COXI.xIISSI()N CGMMUNITY DEVELOP.ML(NT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 20, 1998 RE: PETITION NO: OWNEIU..\GENT: PUD-),~-, WYNDItAM PARK At~enl' Mastercraft Homes. Ltd. 93II Colle:e Parkwav Ft..XI,.'ers. FL 33919 .Michael R. Fernandez..-\I('P Banks En~inccrln:4. Inc. PtanninE [)c,,cio?mc::t Incoq~orated Joint Venture 5133 ('as~cllo Drive Suite 2 Naples. FL 34103 RI(Q L'I:'iSTE D ..\('TION: The petitioner seeks to have land described hcrc:n razor, cd I-rom its current zoning desitjnation of "A" Agricultural to "PUD" Planned Unit Development for ~hc pu~oses of deve]oping a residemial development on ]2(;.SF acres o1' property, providing lbr three tracts consistin~ ofdevelopmenl areas and tracts comprising open spaces, lakes, street right-oI* wa}'. landscape but'I~r and preserve arcu GE()f;RAPtlI(' I.OC..VI'ION: Tiao subject site is located within thc southern half of Section 27. Tou. nship 48 South. P, anue '~ ,.6 East. on the ,,,,'cst side. oFC.R. 951 .just south of Irumokalce Eoacl, adjacent to and directly south o£Oak P, id,-ge Middle Schooi. PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the propcn)' for a rnaximum of 442 single famil',,' and multi-thmilv dwelling units at a density of 3.06 dwetiir,.L_, units per acre..Access to Wvnciham Park is provided from a sintjlc entrance from ('.R. 951 lcadin~ through thc DEC 0 8 1998 'I-" 0 ,! DEC 0 $ dc,.clopmcnt ~r;:c~s [crrninatin~ in cul-de-sacs and ur continu;nu through the pro cot providing access to buildable areas of the site. SURROUNDING LAND USE AND ZONING: Existing: The subject property' primarily consists ora vacant agricultural field. It presently has an Agriculture IA) zoning designation. Zoning l.and [.'se Surrounding' Norlh-nmcd,.\grict~lturc/.,\):()ak RiducMiddlc,'School South - ×oncd/\griculturc (Al: vacant Agricultural land East - C'.R. 951 Right-of-Way West- zoned Hcritat.,e Greens PUD: uolFcoursc GROXVTtt M.-\NAGE:",IENT PL,-XN CONSISTENCY: The subject property' is located in the Urban .Mixed Use Residential Land Usc classification as designated area on the County's Future Land Usc Map. Urban Residential Mixed Usc is inclusive ol'a varicv, ofrcsidcmial land uses including single family, naulti-fami!v, duplex, mobile home and mi\cd usc fPlanncd Unit Dc:'clopmcnt). Thc subject petition is for a mixed use residential PUD. ibr sintzlc Family and muhifamilv land uses. which arc authorized uses of land in thc urban residentially designated area of tiao Future I_and Usc Element (FLUF.). thcrc!'orc, it ~s consistent v, ith the F[.UE. Consistency v.'ith other applicable clements c, Fthc Grov,'th Nlana,4cment Plan (G.XlP) is as Ibllo,,vs: The projcctcd density of 3.66 dweilingunltspcracrcand is consistent with thc density rating system contained in thc FLUE and is basc'd on thc following relationships ~o d~c required criteria' 47 acrcs within activity center dens/Iv band 73.83 acres outside acti:'itv center up to 3 additional dwelling lll,~[., - 4 dv.'ei!in~2 units;acre '['hcreforc. 47 acres ti) a maximum pcm"ducd 7 dt.~acrc .329 un/ts -- /_~.85 ~} a p~a~c density of.1 du..'acre = 295. fbr a total eiigibilitv 0F624 umis. The petitioner is requesting a maximum of 442 units which is t',*,cnty-nine percent less than the eligible maximum allowable 6'>'..t units. A portion of the subject properly (.47 acres} is located within one (l) mi lc of an ,.\ctivitv Center located at CR 951 and lmmokalcc Road. Landssu~oundingthcsubjcctsitcarc developed with or are cu~cntlv zoned to allow densities which ran.~jc From one (1) unit per five (5) acres up to 2.10 &veiling units per acre for thc Heri~a~gc Greens PLiD. Rcsidcnlial propcnics immcdiatclv abuttin~ thc subjcct site to thc west arc developed at a density of 2.10 dwclling units per acre. Iii ]"ra£fic C'ircul;mon Element - The ITE Trip Generation Manual indicates that this petition ,,,.'ill generate approximately 3,251 average weekday trips at build-out after trsp adjustments arc made. Based on this data. thc site generated tral'flc exceeds thc significance test s~anda,'~ '~ 1 (5 percent of thc LOS "C" design volume)on (7R-951 after trip adjustments and assigm~ont5 arc made. However. this petition will not loxvcr thc level of scrx'icc below thc kOS "D" standard w/thin thc project's radius ol'dcvc!opmcnt in~ucncc (RDI~. Thcrcibrc. consistent with Policy 5.1 and 5.2 of tho Traffic Circulation Element The TCE lists CR-951 as a 2-lane ancriai road between Immokalcc Road and Golden Gate Boulevard. Thc currant traffic count for tb, c scurncnt is 19.69(~ PSDT and is ) opcrating at I.OS "C". The Peak Season E a~v 'T'rat'Iqc was based on the Pcak.'Annual Ratio shown in the Coumv's Transponation PIanningDatabasc. lt should bc noted that this road scgmcm is project to be deficient by 200(,. This segment is depicted on thc 2010 Plan as a {Mture A-lane facility. In addition, thc site generated traffic onto CR-951 will be lessened when thc 4-lane extension of ~ivingston Road is completed in Fumhermorc. lmmokalec Road from 1-75 to CR-951 will bo ~mprovcd to a 4-1ant facility by 1999. Asarcsultofthcscroad improvcmcnts, thispctitioncomplicswithPolicv 1.3 and 1.4 of thc TeE. Thc proposed main access point is lYom CR-951. Since there is clcar sit3ht distance at this access point, the access should operate adequately, thcrcI~rc, this Octition ~s deemed to be consistent withPolicvT.3 ofthcTCE. Please note that the final traffic circulationsvstcm design ,,rill be reviewed at thc time of'site development Dian review ar prciin-,ina~' subdivision plat review. Other applicable clements are those t!.-pica!Iv evaluated at thc tir-,,~e (}t' subscquer:t development approvals, and generally deal v.'ith inlYastructure. To) thc c.xtent that improvements to infrastructure oraL'or thc extension of' available public ut~!ities is required, these will be mandated at tile time of approval of the required site development plan and/or subdividing if nccessarv. 0 8 1991 StaFt's analvsis iladicates that ti,lo petition',it's propcrt,,' ~s located outside an area of historical and arc}~:lcologicaJ probability as rct'crcmcoi ,sm thc ol'tScial C'oliicr ('OUll[,,' Probability Nlap. ThereFore. no }tistoricaJ ..Xrchacolouica] gur~'cx' and ..Xssessmcnt is required. EV.4, L_I.L:~TI O N FO t~ E,NvI RON,Xl E :','T.-_5. i.,, il~,_.-_x N S P O R_'I.~J. LI~_ N_LX N D !N FR;~.5.FFRUCTt. RE: 'I'hc subject petition has hcen rcx'ic,.,.ed t0x' the appropriate stat'l'rcspor~sihle l'or thc above referenced areasofcriticalconccm. Thisprimarilvincludcsarcv~cwbvthcC-ommunitv Development cnvironmcntaI and cnginccmr:~ staiT, and thc 'l'ransponat~o~: %crx'~ccs [)ix'ision stalT. This petition x,.'as revie,.,.'ed ia'.' ~l~c L::\t~ and staIT rccc, r'ramc;:dcd api'w~\ aI sublccl It> conditions ',vhich h,:~vc hecn incorporated into thc P,.:'solut~¢,n of ..\dopt~on and document. .,'5_: Start cornplct,..,d., con.lprchcnsivc evaluatl,.m of this ',,," risc. " ~.,, D~:tit~cor.l and thc criteria on ,.vhich ;: l'avorablc dctcr:ql~tqation must t',c based. 'Fh~s c,,aluat~or'~ :s intended Io provide an objective, comprehensive overview of thc irnpacls of thc proposed land use change, be the.',,' positive or negative, culminating in a staff recommendation based on that comprehensive ovcrvic\v. The listed criteria arc spccitScallv noted in Section 2.7.2.5 and Section 2.7.3.2.5 of thc Land Dc','clopmcnl ('ode thus requiring staffc,.'aluation and comment, and shall he used ;.ts tho basis for a recommendation ofappro,.'al or denial bv impacts or considerations identified during the slatTre,,'~c:v are listed under each of thc cn,~.r, on noted and are categorized as either pre, or con. xvhicbever thc caxc may be. in the opinioi~ ol'slat'f. Staff rex ~ev,' of each of thc cmterion ~s ,olto',,.'cd by a sN111ill;lr',.' conclusion culminating ir] it delta'ruination ofcom?iiar~ce. ;:ora-cornplianc,- or compliance '.v]tt~ m~ligation. These cvalt,'ations ;ire completed its separate dc~ct.~m(.'r'~ts and are attached to the staff report. Appropriate evaluation oi'pctitions ibr rezon~r',g should c.stai",!ish a l'actua! bas~s for suppot-ti,,'e action bv appointed and elected ,:h:cision makers. The evaluation bv prot'ossional statT shouid t.vpically include an anal,,'sis of thc petition's relationkhip to; thc comnmnit,,"s l'uture land use plan. and ,,'.berber or not a rczening ~3. ctloi.l would be consistent with tiao Collier Cot.,ntv (~I'o\',,'lh ."danagcmcnt Plan in ail of' its related elements. Other evaluation considerations sl.lould include an assessment of ade,4uac,,' of transt-~onation ir~f'rast,n.~cturc, other infrastructure, and compatibility ',vith adjaccr~t la~;ci rezoning action to [I've long range p]a;~ Ibr Future l;md uses. "° '- - ! I DEC 08 1998 support a rcxo/llll'4 acliOll a(l\'l$C ;tS r'<)lh>,,,, x: A discussion of this relationship, as it applies spcc~ficallv to ('ollicr ('ountx"s Icual bas~s for land usc planninM. refers to thc rclalionship of thc proposed zonin,4 action to thc Future l.and Usc [!lament of thc Collier ('ount,. (}rox,.'th Nlanaucmcnt Plan. '['hc sub.loot pr(~pcrtF ~s locaued within thc t 'r'han Residential .%llxc(l usc suhdistrict t'uturc multi-l'amiiv rcsid='nt~al tiCX'G[O~)lllClll ',,, il}i cu>lOrllarv aCCUSSOFX USeS SUCh ils C(]I!Illl(Ui facilities for rccrcat;on'u', uses and open space. Residential dcvcloprncni planned :o occur w/thin three 13) dcvcloprucnt tracts throughout thc site su~oundinu three (3) lakes..X Iii'teen I i 5) Ibot wide 'I ypc [3 iandscanc bufi~'r sh~!i hc dc','ch)pcd adjacent thc school parcel to thc north. Thc derek?taunt of tracls adjacent to thc west prnpcnv linc. will :fi>ut thc uolt'coursc tractq within thc }{crita,~c "" - P south zx;'c xonud Auricultural and arc currently vacant Thc nnax~mum buildinu all rcs]dcntial dcvc!opmcnt is limited lo 35 fcc:. Twcntx-fivclZSipcrcc;uofthcnative vegetation on site. or a ;n~r~imum of 2.75 acres, will t0c required to bc presort'cd. Thc PUD Xlastcr Plan indicates that 3.2r) acres of rnat~', o vogczatton x~ ill hc presort'cd This area will he designated at thc prctinainam' subdivision phase or site development plan process, whichever is earlier. Thc PUD Master Plan indicates that tine only inurcss egress tothcs/to,,vilIl~c pr,)vidcd from an acccss point locatedonCR-95].Thcproposcd north, includ/nu Pcbblcbrook and thc middle school. Coal>lcd with thc loll Il O) fOOt landscapu bul'lbr cascrncr'll requirement, thc drainage casement ',rill provide an .... )t scparaiion (JiS(:lilCC })~,xt ~,. 1 [}'iL' fiUI~!OC' Site ;tF:d l'ut'Jrc' devcinpn~cnt ,-", vacant situ to thc souti>. -I he PUD Master Plzu', xlso ~nd~cutc5 a pcdc'strian interconnect with thc schoc>~ site r~:> ti;c north will hc - ' V,:ith respect t,.) ¢'oin[:atib/lit',, issues, staii' ix of ~hc op~n;nn ~hat thc subject with other approved Planned {_;nit I)cx clopnlcnrs within thc area. 1998 The ITE Trip ©cneration ,XlanuaI indicates that des pclilion ',','ill_ ~cncratc approximately 3.251 average v,'eekdav trips at build-out. This project meets tile County's concurrcnc,,, requirement and is consistent with Policiesl ~. 1.4. ~.I. - '" " ' ' · ~ ~.~. and ?.~. From a planning and traffic safety standpoint, the proposed access points provide clear sight distance. The proposed access should operate adequalely subject lo any. required cntdnecring_ modi,qcations and the Collier Coumv/'-,cccss .",lanaecrncr~t~ Plan. The final geometry and desi~;~ of the access will be reviewed at the ~imc of Prc!irn~narv Site Development ~lan (SDP) and/or Preliminary Subdivision Plat IPSP) rcvic,.v. Thc GNIP consismncv rcvic,.v indicates that approval offf~is petition is consistent with policies oFthe TeE. Utility InFraslructurc; The project site ',,.'ill be served bva Full range of scr,.'iccs and utilities provided by' Collier Count,.'...\I1 dcvclopmcnl must comply with surface v.'atcr management requirements invoked at thc time of site development plan approval. Community.' lnffasIn~ct~.~rc and Services' .A portion (47 acres) oFthe project site is located within one t l) mile oFthe Activity Center located at CR-951 and ]mmokalce Road. Future devciopment at tl~is intersection ,.','ill allow thc subject property to have convenient access to a v,,'idc range ofcommunitv infrastructure, which is enhanced bv its proximit,,' to ~l'~e aforementioned activity cente~. Based on the above analysis, the Following conclusions can be reached from the staff repot7: 1. The proposed rezoninu oFthe subject property from .A,L:'rficultural to P/,,:D. and the PUI) devciot:ment strategy For single family and multiFamilv residential devclc;pment and related Facilities is consistent with the FLUE oFthe 2. 'The proposed density of development and development regulations are consistent with those amhonzed in the GMP's density rating system for projects located in the Urban .Xiixcd Use Future Land Use classification a~:d similar to the density of development for neighboring PL,TD's. 3..411 other pertinent clements of the G,N'IP were reviev.'ed and the methods for achieving consistency arc made a part of the PI_,~D regulations or otherv,.'ise achieved by the PUD Master Plm~. 6 DEC, o 8 1998, 4. Findings related to thc application to rczonc to PUD and thc development standards specified in thc PUD document and Master Plan support a recommendation o: approval and compatibility with adjacent land uses at a density o: 3.0~, dwollin< units per acre. Future commercial development within the nearby Activity Center wi~l provide convenient commercial opportunities to the residents of this development. ST,.\ FF RECO,'XlMENDATIO5: Staff recomn~ends that (Jollier County Planning C©mmission recommend approval Petition PUD-08-7. Wyndham Park PUD pursuant to fl~e Ordinance of Adoption and Exhibits attached thereto with thc stipulation that he PUD Master Plan and PUD document bc revised to include thc cuwcnt l_and Development Code requirement pursuant ~o Section 3.2.8.3.37.3. requiring sidewalks on both sides ora local street. PREP..\REI) O, US..\N .XlL;RRA'Y. AIC'P //CHIEF PLANNER , CURRENT [ LANNING MANAGER 'R~ERT J. MUL}IERE. AICP PLANNJNG SERVICES DEPARTMENT DIRECTOR DATE DATE DA'FE. A P PRO.V1:. D B'~': ,_/,,, ~ ./-/ COM:",IUNITY DF. VELOP.MENT AND L:N\'IRO:,,':',,1ENTA I.c~, \:,--.,:;,.... Petition Number: PUD-g.f.;-7 Staff Report for Novon;bet 19, 1998 CCPC Meeting NOTE: This Peti{ion has been tentatively advcnised forths'DecemberS. 1998 [3CC7 meeting. 7 BEC 0 8 1998 // REZONE FINDIN(;S I'.'O!~, PETITION PUD ,= 98-7 Sectioi1 "' ? ~ q -. ,' - . et'the Collier ('()L]n[v [.and J)cvctopmunt (_'~,Jc rccluircs that tile report and recommendations el'the Planninu (:ommission t() thc [~)ard oFCounty Commissioners shall show that thc Planning commission has sIudicd and considered the p~oposed change in relation to the ~bl]o',ving, where app cable 1. Whether the proposed change ,,','ill be consistent with the goals, objectives, and policies and Future l.nnd Use map and lite elements of the Growth N'Ianagement Plan. Pro/Con: Evaluation nol applicable Stllllnlar-v Findings: The proposed dc','clc, pmcnt is in com:)liancc '.~ith thc ur, als. obiectives and poiicics of the Future Land Usc - ' [:.~c ~:c;,~ of thc Growth Nlanauemcnt Pla~l for Collier Coun:':'. and all other cemcnts, their obicctives and policies 2. The existing land use pattern: PFn/C/on: Evaluation not at)pIicablc StJrn r3qa ~' Find Existing The subject site is in vacant, agricultural designation and has ar: .-\uricuhural (..\)z(min,, Surroundinu. North -Agricultural' Oak lC, idac Xliddic School South -.-\gricultural. race, ar East-C.R 951 West - t teritage (]reens PL'D. Golf Course The current ..\gricul:ural ".-V' zoning desi=nation ailo;,.s For development ofsinu c/~milv residenti31 dwelling units at a density oFonc {I) dwel!in,~ unit per !lx'c (5) acres. Surrounding Ihe sub. leer qite to the west is existinu sinulc :amilv and multiple l~milv residential development generally developed at densities of2 1~")dwelling units per acre IoEC 0 $1998 3. The possibility creatin,2 of'an isolated district unrelated to adjacen! and ne:lrbv districts: Pro/Con: [{vah. Jalion not applicable Sumrnarw Findin.qS: The site is adiaccnt to residential dcv,.'J:~pmcn: lo the west and an existing middle school to the north. The proximity to adjacent developments justi&' a rezonin~ action to PUD for residential purposes 4. V,,'hether existing district boundaries are illoEicallv dra~vn in relation to existing conditions on the propert.v proposed for chan~e. Pro/Con: Evaluation not applicable Summa~' Find n.qs: The district bcx~ndnrics arc Iouicallv dra,,v~ The site has narrow t'rontaue on C c)~ '- · 5. V','helhcrchan~e(I orchan.in,, c(~nditions mnke the i)assaae of the proposed ,q Ill C'il d 111 ell I Il ec es;s;i l-v. Pro/Con: Evaluation not applica!'~lc Su~nmar~'Findings: Theprop. osed~.,-,..,,-,' ' , "r r .... r ...........~, On thc CXiSlinu conditions of the prope<y and because it ~s consistent '.'.ith the Future Land Usc Element the Collier Coumv Orox~h Xlanauemen: I ,.,~ 6. Whether the proposed chan-e ~ill adversely inf]t,e,;ce living conditions in the neighborhood: Pr;): '['hc proposed rezonin~ is a logical extension oFihe ~milarlv zoned parcels to the west and will be a com;0atible neiehbor to the cxistin~.z t,~,u,~l, school to the north Coil: :','o tlc Summary' Findi,J.lZ_:' The proposed ;<onin,_, amendn:enl v, ill no', adversely aft'ecl livin~z conclitions in thc neighborhood due to tt~e similar nature of thc sklrroundlr~iz development. 7. ~,Vhcther the proposed charier will create or excessively increase IralTic congestion or create tyl)eS of traffic deemed incompalihlewith surrounding land uses, becat,se of peak volumes or projected t?'l)es of vchicul:~r tra~c, includin~ activity during construction phases of the development, or other~vise affect pu-blic safety. Pr_._gq: (i) The proposed development oI'the subject propenv is consistent ,.*,'itt'; the . ~.~ nrovisior~s or'the Traffic Circulation Element oFthe Oro,.vth ?~lana~emem Plan, .b.~ref~-d~~ I DEC 0 8 1998 the additional tral'i3c generated bv thc proposed dc,,.clot)ment ~,}',ould ~c,t advcrselv at'i'cct the con':tbrt and sal'etv oFexisting users on ac] acenI public roa.:is fii) Access to the subject property is bv ,,,.av ol'C'R-951 .Con: ,.\s urban intensification increases, thereissc)mciosso/.comfortandeaseoftravel to motorists using the adjacentroadwavs } [o',,. ever. bvi0. v..thisdcureeofdiscomtl)r!is regulated by concurrencv reqL;iremems ~ Summar-v Findings: Evaluation oflhis project took into account the requirement for consistencv with Policv 5.1 of the '['rat]lc Element et'the ©NIP and ,,,.'as found consistent. In the final analysis all projects are subject to the Concurrency .".lana..uement svstcm. 8. 'Whether the proposed change ,,.,'ill creale a draina,ze prohlem: Pro: Water manauement improvements to acco;",2r~lodal ',i!c ':evcJopmur~t are ,Jcsiurled with urban intensification Summary Findings: Ever).' project approved i;', Collier C,:,t',;~tv i~vol,.'in,.2, :he utilization of'land for some land use activity is scrutinized and recluireci to mitigate ali sub-surface draina~egeneratedbvdevetopmentalactivitiesasaconditior~ot.a;?t;r<~val This project · ,.vas reviewed For drainage relationships and desiun arxi ccms~ruclion plans arc requirccl meet Count,.' standards asaconditionof'approval In thec',,'entarea.widedeficiencies develop, which deficiencies would be further exacerbated bv developinu vacant land. County is required to react throu?~ its Concurrencv .\Ianat~ement s',,'stem 9. Vehether the proposed change ,,','ill seriously reduce Ii[Ih! and air to adjacent ;Irens: " lZr o/( :o '22 Evaluation not applicable .qUnlm,qrv FindS: ..\1! pr'ejects in Coliic'r Cour;tv arc subiccl tc~ {he de,,'ciol;mer~t standards that are unklue to the zoning districr in v. ihich;tis'k~,:ated These development standards and other appl?' b'enerallv and equally to ail zonir'..x d,stricts (ie. open space requirement, corridor r'nanagen'~er~t provisions, e!c. t ,.,.'ere d~'siuncci to ensure t};at light penetralion a:ld circularic'm el'air does not a,zlverselx ali'c.c~ ad.i'Jcem areas 10 10. ~,Vheiher the Droposed cha,~e will adversely nffect i)rol)ertv values in the adjncent nrea; Pro: L.;rban intensiticat}on tvpicallv increases the ,.'altec of'adjacent vacant underutilized land. ' ' Co n__._2 None. Summary Findin,qs: This is a subjecti,.'e determination based upon anticipated results v,,'hich may be internal or external to the subject property that can affect property values. Property valuation is affected bv man,,, f'actors includinu, zoninr, z, ho',.vever zoninu by itself ma,,, or ma,,' not alTect values, since value determination bv la',,,, is driven bv market value. The mere t~ct that a property is given a ne~v zoning desitznation may or ma,,, not afVect value. 11. '%',dhether the proposed chnnge ,,,, ill t)e a deterrent to the iml'~ro,..emen~ or development of adjacent Dropertv in accordance ,,vith existin,, r'e~ul:Jtions: t~ro"(Ton: E','nh. ia~ior'~ mot applicable S~,mrr~arv Fi,~dings.' ..\pplication el'the developn;e~t standards found itl the Land Development Code combined xvith the administrative site deveiopr'nent plan approval process, sho~ld give reasonable assurance that the proposed chan~e in zonitng ,.','ill not deter the Future improvement or developmer~t of adjacent prope~f 12. 'Whether lhe proposed change ,,viii constitute a grnnt of special privilege to individual o',vnet as contrastir~g with the pt~[~lic welfare: I .Pro.'(';on' Evaluatior~ not applicable, St~rnrr'~an' Ir:ir~rlir~,qs: Since consistencv ,.,.'it~'~ Ibc Future [_arid L/se Element as pa.q of/he Countv's ©ro,.,.-th :\Ianagernent Plan is ~Jeemed to be in the public's in,~erest, and because the proposed rezoning action and subsequent de'.'eiopment complies ,.vith 'the Orov,.,'th ,',.lar~agen~er~t Plan. ther: tiqe proposal can be deen'~ed ~',ot to constitt~t,..- a special vrivile,..,e and in the public interest. ' ~ 13. XVhethe~.- the~'-e are st~bstanlinl reasons ,.','hr the property c:'~n,~c,l be used accordance '.,','ith existi~g zoning: Pro/Con' Evaiua!ion not applicab!e Summnn-Findin,.g~.. Thc subject property is r~ot uncievelopable under its current zoninu desi=nation. Sur'roundit'~g properties t~or~h and west oFthe site are ,. rc,,t, 'developed land uses which are similarly or more i~tens, ive BEC 0 8 1998 14, Whether thc change sul,,gcstcd is out ofscalc ~'ith Ibc needs ofthe neighborhood or tile County: _Pro/Con: Evaluation not applicable Sumnlary Findings: The proposed deve opn'~c,'~; complies v, ith the Fu;urc [.and Usc Element oFthe County's Gro~h Management Plan. a policv s~atement which has evaluated the scale, density and intensity oflanci uses deemed to be acceptable lbr this site 15. Whether it is impossible to find other adequate sites il'] tile County for tile proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Sl~mmar'v Findings. This isaspecial purposet)ctiti,,~nk,.hichir]volvescstabiishinv, a density not otherwise available in an existing ..\uriculturai ×(>ain,.z district 16. The physical characteristics of the prol)ertv and the de~zree ofsile alleralion which would be required to make the property usable for any i)f lhe range or posen[iai uses under the prol)oSed zonin- cl:~ssification. Pro/Cc)n: Evaluation not applicable Summary Findings._. The extent ot~site alteration ,.,.ill be determined as a function of obtaining Site Development Plan approval whichv, ili bc necessary to execute the PUD,s development strategy. 17. The impact of development on thc avaihtbilitv of adequ:~le public facilities and sen'ices consistent with the levels ofsem'ice adobtect in the Collier Cotllllv Growth management Plan as defined and implemented through the (]Jollier County AdeqtJate Public Facilities Ordir~ance. as atner~ded. Pro,'(.'or~: Application not appiicable Summary FindS:..Xlunici?al water arm sewer service are a. vailablc to serve the development. Re'dev.'byjurisd]c/]ona, staff-lbrconsistcncvcvaluarionwithGNlPrequired levels cfi'service advise that there is no dellcicncv 12 FINI)INGS FOR Pt'l) Pt;D-9,8-6 Section ".7.3.2.5. orthe Collier ('ountv Land De,.'ciopr~ent Code requires the l~lannin,.z Commission to make a finding as to the PLSD .Xlaster Plan'~ compliance ~.,.ith the Follo,.vin,.z criteria: - The suitability of the area for the type and pattern of de,.'elopn~er~t proposed in relalion to physicalcha .... '- ' ~aclcw sst,cs of the land, st,rrounding areas, tratTic and access, drainage, se,,,,'er, water, aud other' ulilities. Pro' The subject site is Iocatt:d ad.iaccnt t¢ an cxistin,.z, middle school The subsecl,4cnt dc.,.cloFmer:t ~. ~,,c >~tc ',,. ~il provide a logical extension ofre'.iider~tial de,. elopr'..~ent c~)r'~s;stent ;,.ith surrouixiir~g dcveIopn~er~t (.'OWl.' { } None. Fi n din ~'.4: .Jurisdictional reviexvs by C'ountv staff' support the manner and pattern ofdevclopmer~t proposed for the subject property. Devdopmen~ conditions contained in the PL'D document give assurance tMt all intk~s~ructure will be developed and be consistent with County regulations Anv inadequacies which require supplementing the PUD document wiIi be recommer~ded to ~he Board et'County Commissioners as conditions et'approval by stall' and ~he CCPC Adequacy of e','idence of unified control and suit;'~biiilv of any proposed agreements, contract, or other Jnstrumenls. or for amendments in those proposed, particularly as thev mav relate lo arrangements or provisions to be made for the continuing ol)eration and maintenance of such areas and facilities that are not lo be provitJed or r~ainlained nt public expense. Pro/Con: E',,'ak~ation not applicable Findino~. Documents submitted with the application provide evidence of unified¢ontrol. Ti~ePUDdocumen~ makes appropriate provisions }'or continuin- operation and mai.qtenance of common areas. DEC 0 8 1998 PO. o Conformity of Ibc proposed Planned ['nil l)¢velopmcnt objectives and policies of the (-;fourth .Xla,a~zemen~ Plan. Pro/Con: Evaluation not applicable Finding: ]'he sub.iect t')otition has been rbund consist0rx ,.viii: tile uoals. objectives and policies el'the Grovqh .Xlar~auument Plan The subject propert,:' is designatcci .',li×ed Use Urban R. csidcruia] on the FLUE to the G.\IP. The internal and external compatibility of proposed uses. which conditions mav include restrictions on location of improvements, restrictions on design, and bufferin~ and scr'eenin~ requirements. [)ro [£ValL:atiorq m)t app',.,.,:[ ~. Thc PL'I) .\la<er t~I;lr'~ i~as bccn dcsi,='ncd :,, t,,,,tim~;.:c intcrr~al land use relationsi~ips [.!,:~er-nal re!ntie }',PI q Developr:'<nt Code to .... t. assure ;~ar;:',onious bet,,,, een pro.iec:s The adequ;'tcy of usable open si)ace :ire:is i~: cxislenr:e and :is l)rOl)osed Io serve the dcvclopn~ent. Finding; The aFIlOtlrl[ O['OPO:I Sp3CO Set a.qide ['~\' [}lis pr'o}t.'c! is c()I1sis[,c.'ilI with thc prok'isions c,:' thc Land [)cvcIopmcnt (i'ocic The liiliino, g_ or sequence of devclopmer)t for thc [)urfmsc of ;I.SSLJX'Jf)~ thc adequ:~cv ofav:lilable irnl)rovenlenls arid facilities, holh pul)lie and private. not n[:,[>iice, c, ,: Findings: 'Fimir~L_' or sequence ofdeveJop:nent in light ofconcurrencv requirements automatically triggers :ho rnc'chat~is,,'r~ lbr ensuring that ti:tur'e LOS degradation is not allov,'ed or the LOS deficicno,' is corrected. See Findin~.z :':e 1. also applicable For this i4 DEC 0 8 1998 o The ability oF lhe sub.ject pFopeFty and o£sur'rounclin~ areas lo accommod:~te Pro/Con: [:valua:ion Hot applicnble Firldinq.' · 'X, bility, as applied ira this conte×t, implies supporting infrastructure such as vvaste',vater disposal systems, potable water supplies. characteristics of the property relative to hazards, and capacity roads, is supportive oFconditions eF~a,".natin< From urban development. This assessment is described~at iemzth ira the staff' Conformity ',,,'ith PUl) Feaulntions. or as to desiFnble modiFicntions of such regulatioHs in the particulnF case, based otl dctcFminHtion that such modifications are justified ;is meetiH,c, public purposes to a de~ree :it lenst equivalent loliteFal al)plic;itioH of sucii regulatioHs. Pro/Con' [Svaluation not applica, blc Finding.' This finding essentially requires an evaluation oFthc cxtcn~ to which dcvclc~pmcr~t standards proposed ti)r this I)[.'D depart llom dcvelopme~t standards that would be required Ibr the most similar conventionalzonin5district Thc development standards in this PUD are s/miMr to ti~osc standards used tgr similar residential ~5 DEC 0 B 1998 1 4~ DEC 0 8 1998 ,:"; cf ;-,:*.prn','e:! as %c F$rr A££:£:57,% CC'::.".' .L ...... ~.,. Cll::'-'.:. CCU:;i':', F-CP. iiA -2- DEC 0 8 199] WYNDHAM PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUN'I%' LAND DEVELOPMENT CODE Prepared For: P,~Iastercraft Homes, LTD. 9311 College Parkway Ft. Myers. Florida RECEIVED OCT 2 i' 199,~ Prepared Bx': Nlichael R. Fernandez. AICP of Banks Engineering, Inc./Planning Development Incorporated Joint Venture 5133 Castello Drive Suite 2 Naples, Florida 34103 941 / 263-6934 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAl. DOCUMENT DATE PUD 9 8-7..- DEC 0 8 ]998 10.05.98 Exhibit TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS LIST OF EXttlBITS AND 'FABLES STATEMENT OF COMPLIANCE ii 111 ix' SECTION I II III VI PROPERTY O\~,~ERSHIP & DESCRIPTION 1-I PROJECT DEVELOPMENT REQUIREMENTS 2-1 LO\\" TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3-1 DEVELOPMENT COMMITMENTS 4-1 1-2 3-6 4-4 OEO 0 8 1998 LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F TABLE I TABLE I! PUD Master Plan Exhibit PUD Location Map Typical Local Road Section A-A Typical Local Road Section B-B Typical Local Road Section C-C Water Management Concept Plan Wyndham Park Estimated Land Use Summar,.' Summar?' of Development Standards for All Residential Structures iii ,,, ] STATEblENT OF COMPLIANCE The development of approximately 120.85 acres of property in Collier Count,',', as a Planned Unit Development to be known as Wyndham Park will be in compliance with the goals, objectives and policies of Collier Count,,,' as set forth in the Comprehensive Plan. The residential facilities of Wyndham Park will be consistent with applicable comprehensive planning objectives ofeach of the elements of the Comprehensive Plan for the following reasons: The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the F'uture LaTnd Use Element. The project development will result in an efficient and economical extension o£communitv facilities and services as required in Policies 3.1 .H and L ofthe Future Land Use Element. The project `.','iii be served bva complete range of services and utilities as approved bv the Count:'. ' The project is compatible with adjacent land uses through the internal arranuement of structures, the placement of land use buffers, and the proposed development standards contained herein. All final local development orders for this project are subject to the Collier Count.,,' Adequate Public Facilities Ordinance. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1. Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE) and there£ore is eligible for the base densit,v ~ provided by the FLUE Density Rating System. The proposed density for the project is 3.66 units per acre which is less than the maximum density provided t5,,' thc FLUE Density, Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy ' Base density l'or the project is four (4) dwelling units per acre. A portion oFthe Darcel. 47 acres is within the one mile radius density band of the Immokalee/CR 951 Activ:~tv Center and therefore is eligible for an additional (3) units per acre. The project's eligibl~ density is therefore is 47 acres at 7 ufa ,yielding 329 units and 73.85 acres at 4 ufa yielding 295 traitS; the sum project potential is 624 units or 5.2 uJa. In surmnao,,, the subject proper't':' has an area of 120.85 acres and is proposed to be developed with ma.ximum of 442 units. The project site ,.,,'ill have a density of 3.66 units per acre. This density is deemed consistent with the density provided for by the Count','g Management Plan. ~,~ ~ iv DEC 0 8 1998 .... _ ..................... ,,,,_. ,:::,93 7. All final local development orders for this project are subject to the Collier Count.,,' Adequate Public Facilities Ordinance. DEC 0 8 1998 SECTION I 1.1 1.2 1.3 PROPERTY OWNERSItlP AND DESCRIPTION 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 Wyndham Park. LEGAL DESCRIPTION The subject property being: t\ TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA. COUN'FY OF COLLIER, LYING IN SECTION 27. TOWNSIIIP 48 SOUTtt. RANGE 26 EAST. AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: TIlE NORTH 55 OF THE SOUTH % OF THE NORT}! ;.: OF THE SOUTHEAST I/4: THE SOUTH ½ OF THE NORTHEAST 1/4 OF THE SOUTHWEST I/4: TIlE NORTH !~ OF TIlE SOUTHEAST 1/4 OF THE SOUTI-{WEST I/4: THE SOUTH ¼ OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4: 'DIE NORTH ½ OF THE SOUTHWEST 1/4 OF THE SOUTIfV,'EST I/4: THE SOUTH 55 OF THE SOUTHWEST I/4 OF THE SOUTHWEST 1/4 OF SECTION 27. TO~,kW S HIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY ROADr. 951. SAID [_ANDS SITUATE LYING AND BEING IN COLLIER COUNTY. FLORIDA. LESS AND EXCEPT THEREFRO,',.I TIlE EAST 100 FEET OF SECTION 27, TOX~,~SHIP 48 SOUTH, RANGE 26 EAST. }CAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE AND BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE No. 37482 IN OFFICIAL RECORDS BOOK 13. AT PAGE 61. PARCEL CONTAINS 120.85 ACRES. MORE OR LESS. PROPERTY O\VNERSHIP The subject property is under unified control through contracts for purchase agreements. purchaser is Mastercra£t Homes, l.td., hcrcallcr called "applicant or developer". GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27. Tov, nship 48S. Range 26 E. Collier Count,,'. 'I~e parcel of approximately ! 21 acres is located adjacent to and ,.vest of CR 951 and approximately 0.6 of a n-die south of Immokalee Road. The site is also adjacent to and directly south o£ Oak Ridge Middle School. The zoning classification of the subject property prior to the date of this approved PLID Doc~m~ent was ,~Agriculture. 1-1 DEC 0 8 1998 1.5 1.6 PHYSICAl. DESCRIPTION The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is, therefore, generally clear of vegetation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity of CR 951 and the project's singular proposed access. The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm Map Panel 215 of1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986. PROJECT DESCRIPTION 1.7 Wyndham Park is a planned development consisting of a mixture ofsinule~ ofsingle family and multi-family units. Access to the subject parcel ,.','ill be from the parcel's frontage on CR 951. SHORT TITLE This Ordinance shall be known and cited as the "Wyndhasn Park Planned Unit Development Ordin,'mce." 1-2 DEC 0 8 1998 2.1 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.2 The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable Count>' ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENER.,\L Regulations for development of Wyndham Park 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 an,d Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction ofimprovements such as Final Subdivision Plat, Final Site Development Plan. Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the Count>' Land Development Code shall apply. Co Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Wyndham Park shall become part of the regulations which govcm the manner in which the PUD site mav be developed. Unless modified, waived or excepted bv this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full Force and effect with respect to the development of the land which comprises this PUD. I)evelopment permitted bv the approval or' this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-1 tog c 0 8 1998 2.3 DESCRIPTION OF PROJECT PL,,\N AND PROPOSED LAND USES The project Master Plan, including and use ofland for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. TABLE I' WYNDHAM PARK ESTIMATED LAND USE SUMMARY TYPE UNITS ACREAGE TRACT A Low to Medium Density Residential 82 21 TPo\CT t3 Low to Medium Density Residential 160 40 TRACT C Low to Medium Density Residential 200 60 This acreage includes open space or recreational areas that may be located within residential acreage. Table [ is a schedule of the intended las~d uses. with approximate acreage of the total project indicated. The arrangement o£these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrati,.'e preliminap,.' development plan. Design criteria and layout that is illustrated on the Master Development Plan and off'mr exhibits supporting this project shall be understood to be flexible so that final design ma,.' satisfy development objectives and be consistent with the project's deveIopment, as set forth in this document. Bo Modification to all boundaries ma.,.' be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier Count',,; Land Development Code or as otherwise permitted by this PUD document. In addition to the various ,'-u'eas and specific items shov.-n in Exhibit "A". such easements as necessar5, (utilit:,', private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessarv. 2.4 DESCRIPTION OF PROJECT DENSI-I 5 OR INTE..',."SITY OF LAND US[_: The project shall be developed at a maximum density of 3.66 dwelling units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS O A. Prior to the recording of a Record Plat. and/or Condominium Plat for all or part of the PUD. final plans of all,required improvements shall receive approva~ appropriate Collier Count~ governmental auencv to insure compliance ~i~h 2-2 [ DEC 0 8 1998 2.6 PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Plan, constitutes tile required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminao' Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division ofproperty and the development of the land shall be in compliance w'ith Division 3.2 of the Collier County Land Development Code, and the platting laws ofthe State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, ~'hen applicable, shall apply to the development of all platted tracts., or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do Appropriate instruments will be provided at the time of'infrastructure improvements regarding an,'.' dedications and method for providing perpetual maintenance of common facilities. Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Division 3" The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval ora Preliminary Subdivision Plat in con£ormance ~,dth the requirements o£ Division 3.2 o£the Collier Count,,' Land Development Code prior to the submittal of construction plans and a final plat for any port/on of the tract or parcel. MODEL HOMES AND SALES FACILITIES Moctel homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the residential development of said tract subject to the following: A. Models may be constructed prior to recording3 ora plat. B° Models ma,,' be permitted as "dry.' models" and must obtain a conditional certificate of occupancy for model purposes only. Models ma.',' not be occupied until a permanent certificate of occupancy is issued. 2-3 DEC 0 8 1998 2.7 2.8 Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dO' models pursuant to this section. Prior to the recording of any plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks and the like as set forth herein. If platting is required, corrective deeds shall be recorded once the plat is recorded. Temporar?' access and utility easements may bc pro`,'ided in lieu of dedicated rights-of-way for temporar).' ser`,'ice to model homes. LANDSCAPE BUFFERS, BERMS. FENCES AND \\":\I_LS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Wyndham Park. DEVEI.OPblENT SCitEDULE The applicant estimates completion of improvements to the property should occur by Januar,' 2004. 2.9 2.10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTEP, PI.AN Amendments ma',,' be made to the PUD as provided in the Collier Counlv Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COXIMON AREA NIAINTENANCE V?nenever the developer elects to create land ,",rea and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in wh/ch the common interest is located. that developer entity shall provide appropriate legal instruments for the establishment ora Property Owners' Association or another appropriate entity whose fi.u",ction shal! include provisions for the perpetua! care and maintenance of~ll common facilities ,and open space subject further to the provisions of the Collier Count,,' Land Development Code, Section 2.2.20.3.8. 2-4 DEC 0 8 1998 2.11 2.12 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. AGRICU. I,T1jl:L,L .ACTIVITIES 2.13 The site has previously been and is curTentlv utilized for agricultural purposes. Agricultural activities, as defined in the LDC. shall continue to be a permitted use throughout the project until such time as residential development has commenced. EASE; 'IENTS FOR UTILITIES 2.14 2.15 All necessar->.' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sera'ice utilities in compliance with applicable regulations in effect at the time of development approvals. COMMON AREA MArNTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, water management facilities shall be the responsibility of the Developer, their successor or assign. HISTORICAL/ARCHAEOLOGICAL IMPACT 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 fbund, all development within the minimum area necessary to protect the discoveq,' shall be immediately stopped and the Collier Count.,,' Code Enforcement Department contacted. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general pen'niued uses ttwoughout the Wyndham Park PUD. General permit-ted uses are those uses which general serve the Developer and residents of Wyndham Park PUD and m-e typically part of the common infrastructure or are considered commtmity facilities. 2-5 1998 A. General Permitted Uses: Essential services as set forth under Collier Count2,' Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. , 4. Guardhouses. gatehouses, and access control structures. 5. Community and recreational facilities, community centers. o Temporau' construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessa, p,, access ways. parking areas and related uses, subject to the requirements set forth in the Collier Count;' Land Development Code. Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. Fill storage subject to the standards set forth in the Collier Count.'.' Land Development Code. An,.' 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: Setback from back of curb or edge of pavement ofanv road - eighteen feet (18') except for guard houses, gatehouses. ;md access control structures which shall have no required setback. Sidewalks and bikepaths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the vddth of the paved surface of the sidewalk or bikepath. 2-6 D Eg 0 8 1998 2.17 2.18 2.19 LAKE SETBACKS AND EXCAVATIONS The required setback to any right-of-way, roadway access easement or external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structures internal to the development or to structures shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. FILL STORAGE Fill storage is generally permitted as a principal use throughout the project. Fill material generated ma',' be temporarily stockpiled within areas designated for residential development. The follo`,ving standards shall apply: Stockpile maximum slope: 3 to I (horizontal to vertical) Stockpile maximum height: Thirty-five (35') feet Fill storage areas shall be no closer than three hundred (300') feet from any developed residential properties, except as ma',' otherxvise be approved by Collier Count',' Engineering Review Se~'ices pursuant to a submitted grading and filling plan. Soil erosion control shall be provided in accordance with the Collier Count.,,' Land Development Code, Division 3.7. In order to properly utilize the fill excavated from the proposed lakes, the site may be filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC. SUBSTITUTIONS TO SUBDIVISION REGULATIONS The £o}lowing design substitutions shall apply: LDC Section 3.2.8.3.17 and Section 3.4.8.4.14: S~dewa~l.:s shall be constructed as shov,'n bv the typical road sections "A-A". "B-B" and "C-C" attaci~ed as Exhibits C. D and E to this PUD document. Sidewalks for single Famil`,' lots will be constructed with the individual building construction. [,DC Section 3.2.8.3.19' Street name signs shall be approved bv the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on UniIbrm Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local their right-of-`,vay widths shall be fifty (50') feet except as necessary to 2-7 1998 Do accommodate turning lanes at the Project's main entrance. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived. The maximum length ora cul-de-sac street shall be 1.800 feet. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use ora surface course of paver brick or decorative concrete pavement. 1998 SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3.1 3.2 PURPOSE The purpose of this Section is to identify specific development standards tbr the area designated on Exhibit "A" as Tracts A. B and C. MAXIMUM DWELl.lNG UNITS There shall be a maximum of 4.42 residential units developed within the project's residential tracts. 3.3 USES PERMITTF_D Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessop:' uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least tv,'enty (20) feet shall be provided. This buffer shall minimally' meet the requirements of the LDC's Type "B" landscape buffer. No building or structure, or part thereof, shall be erected, altered or used. or land used. in whole or in part, for other than the following: Principal Uses: (I) Single family detached, single family attached, cluster development and multi-family development. (2) (3) Duplex and two-family dwellings. Townhouses and garden apartments/condominiums. 3-1 DEC 0 8 199 (5) The clustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of thc Collier Count.',' Land Development Code and subject to the provisions of Division .3.3 of the Collier County Land Development Code. (6) Open space or preserve area. (7) Water management facilities and lakes. (g) Guard houses and entrance gates. (9) .,\nv other use which is comparable in nature,with the foregoing uses and which the Development Services Director determines to be compatible. Accessor'v Uses: (2) (.3) Uses and structures that are accessory and incidental to permitted uses. including private garages. Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral part ora residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such Facilities. ,tn,.' other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 3.4 DEVELOPME: T STAND.,\RDS (See Table II Ibc treater specificity) GENERAL: All yards and setbacks si'mil be in relation to the individual parcel boundaries, except as other~vise provided. Generally whenever the word "setback" is used relative to a measurement betv,.'een the buildings and a lot line an4,'or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as Follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 3-2 BEC 0 8 199, n3g 2) 3) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. If the parcel is served by a planed private drive, setback is measured from the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be an enclosed space. 5) \Vhen principal buildings front upon a common parking area. which in turn fronts upon a public or private right-of-way or non-planed drive, a minimum distance often (10) feet shall separate the principal building and any related parking facility, and a green belt often (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. MAXIMUM HEIGHT In order to provide a form of a compatibility within the context of existing residential development within Collier Count>', the ma.ximum number of stories per'mined shall be three (3) habitable floors for a maximum height of 35 feet. STREET TREE REOUIREMEN'I" Street trees shall be provided throughout the development. A street tree plan shall be submiued for staff review and approval ms appropriate. Street trees may be placed within residential lots and shall be ins,~alled prior to or concurrent with the construction of individual dwelling units or structures in proximity to the roadway or accessway. 3-3 DEC 0 8 199 TABLE I !: SUMPtARy OF DEVE~0PME~F STANDARDS FOR ALL RE$IDE[UFIA~L STRUCTI/RE$ PER/4 ITTED USES S T;uNqD APeD S S INGLE FAMILY ZERO 2- FAMILY/ DETACHED LOT Lib"E DUPLEX 5~3LTIPLE FAMILY STRUC."/IP. ES TO'~?rHOUS E A PAP.~4E~S MIN. LOT AREA PER STRUCTURE OR PER DWELLING I/NIT 6,000 4,800 2,400 1,800 ONE ACRE MIN. LOT WIDTH 50 40 24 18 150 FEET MIN. Ak~RAGE CORD LENGTH 26 26 20 16 18 FEET MIN. SITE DEPTH 100 100 100 100 i00 FEET FRO~ YAP. D SETBACK (i) PRINCIPAL STRUCTURE 20 (ii) ACCESSORY FOR ~Ti-F~4ILY COVERED PAP. KING N/A 18 18 18 25 FEET N/A 10' i0, 10' FEET SIDE YAP~ SETBACK, PRINCIPAL ACCESSORY 5 5**OR 0'* 7.5** 7.5'** 15'** FEET M I N I M'oiM DI STA~;CE BETWEEN S TRUCT'JRE S 10 IC lO 10 15'** FEET REAR YAP~ SETBACK (i) PRINCIPAL STRUCTI/RE 20 15 15'* 15'** 15'** FEET (ii) ACCESSORY STRUCTUP. E 10 i0 !O*' 10'** 5'** FEET M~IX. BUILDING HEIGHT (i) ABOVE MFL 100 'fEAR 35 35 35 42 35 FEET {ii) ACCESSORY STRUC~JRE 35 35 35 35 35 FEET FLOOR AAEA MINI~,~4/D . U. 1,200 1,00i 1,000 i,O00 800 S.F. walls and similar structures shall have a setta:k of five '.5) fe~-% along the de'/elcpmen='s bc'.undar:es along public right-cf-wa'/ and a setback cf t'wc :2) feet along other perimeter tract bov~ndar-:, 'where not abuttimg ~nterna! development tracts and a maximum height of 12 feet as measured from the lowest centerline grade of the nearest publi~ or pr;'.'ate r:gnt-of-way or easement. 15 FEET iF SETBACK iNCLL'DES SIDEWALK %','E:r~. f FEET IF SETBACK ENCUMBERS A IJ, KE'S FS, iNT. ENA2;CE EASEMENT OR F.%LF ~E Sb~.l OF .'/'HE HE!$}{T OF THE STRUCT"uT. ES, :~IC}{E-;ER iS GREATER; T','E:rl'.'f FEET iF SETBACK ENCL~BERS A L;,F~E'S MJ, I:,?E,~CA2:CE FJ~SE:4E:~? DEC 0 8 1998 3-5 3.5 DEVELOPMENT STANDARDS FOR STRU'CTURES WITHIN RECI::LEATIONAL TRACTS A. Setbacks 1. Front Yard: 25 feet 2. Side Yard: 25 feet 3. Rear Yard: 25 feet B. Maximum Height: 35 feet or three (3) stories, whichever is least. C. Minimum Lot Width: 75 feet D. Minimum Lot Depth: 75 feet E. Minimum Lot Area: 6.000 square feet F. Minimum Distance Between Structures 10 feet 3-6 ,~o~ OEC 0 8 1998 SECTION IV DEVELOPMENT COblMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for thc development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans. Final Subdi','ision Plans and all applicable State and local laws. codes and regulations applicable to this PUD. Except ,.*.'here specificall.v noted or stated otherwise, the standards and specifications of the Land Development Code. Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and an.,,' other conditions or modifications as may be agreed to in the rezoning of the property. In addition, an`" successor or assignee in title is bound by the commitments within this agreement. 4.3 PUD MASTER Pt'.AN Exhibit "A", PUD Master Plan. illustrates the proposed development mad is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and ma.,,' be varied at an.',' subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessao' easements, dedications, or other instruments shall be grzmted to insure the continued operation and maintenance of all sen'ice utilities and all common areas in the project. 4.4 MONITORING REPOR'F AND SU'NSE'F PROVISIONS A. The Wyndham Park PUD shall be subject to the Sunset Provisions of~;ecttoaaE~,~¥ 2.7.3.4 of the Land Development Code. 4-1 DEC 0 8 1998 4.5 Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: Arterial level lighting shall be provided at the PUD's access point to public fight- of-way concurrent with thc development of the entu' road. The Developer shall provide right turn and left turn lanes at the project's proposed access from CR 951 concurrent with the development of the entry road. The Developer shall bear the cost ofthese improvements which are not subject to impact fee credits. Under the present two-lane condition ofCR-951, the project ma.',' enjoy unconstrained access to and from the north and south. Under an.',' future four-lane or six-lane condition of CR-951, there ma.,,' or may not be a median opening to se~'e the project. Nothing in any development order shall ','est the project with any right of access over and above a right-in/hght-out condition. Neither shall the existence or lack of a future median opening be the basis for any future cause of action for damages against the County by the project developer, successor in title or assigns. When requested by the Count>', and subject to the approval of the a Developer's Contribution Agreement for road impact fcc credits for the fair market value of the dedication, pursuant to Ordinance 92-22. as amended, the developer shall dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for pm'poses for determining yards, lot area or lot dimensions. This dedication shall occur within one htmdred and p,venty (i20) days of the County's request. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. 4-2 ~EC 0 8 19~8 4.6 4.7 4.8 SIGNAGE Project identification signage for the residential component of this PUD may be developed at all project entrances in addition to other signage. All signage shall be subject to the provisions of Division 2.5 of the Land Development Code. SITE LIGHTING Lighting facilities shall be arranged in a manner which ,.*.'ill protect roadways and neighborhood residential properties from direct glare or other interference. ENVIRONMENTAL Petitioner shall provide twenty-fi,.'e percent (25%) retained native vegetation as required by Section 3.9.5.5 of thc Land Development Code. The location of the retained vegetation shall be identified as a part of the submittal fbr Preliminars.' Subdivision Plat (PSP) or Site Development Plan (SDP), whic. hever is earlier, for any portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees. understoD' and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protecti,.'e covenants per or similar to Section 704.06 of the Flor/da Statutes. Conse,,'vation a~-eas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership auld maintenance responsibilities and to Collier Count,',' with no responsibiliw for mainten,'mce. Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward from the edge of the wetland prese~,e in all places a,nd averaging tv:enty-five (25') feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit rules and be subject to review Md approval by Current Planning Environmental Staff. .om exotic vegetation removal, monitoring, and maintenance (exotic tree) [,lan for the site. with emphasis on the conservation/preservation areas, shall be submincd to Current,~oG~.~ [ EC 0 8 1998 4.9 Planning Environmental Staff for review and approval prior to final site plan/construction approval. WATER MANAGEMENT .AND DRAINAGE OUTFALI. FOR ABUTTING PROPERTIES 4.10 4.11 The project is within the limits of the Har'vev Drainage Basin Stud,.'. and. as such. will conform to the requirements set for'th bv the County Water Manau~ment Director for easements and discharge rates. Petitioner shall provide an outfall~ditch whhin a thirw (30') foot drainage easement along portions of the project as shown bF' Exhibit F. W~ter Management Concept Plan, attached to this PUD document, to provide a drainage outfall for abutting properties. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the LDC. UTILITIES All required utility sen'ices are available for this project. To wit: Water and \Vastewater Disposal: These utility sep,'ices are to provided bv Collier Count`.' Utilities. The Project is proposed to connect to an existinu 24" water main on the west side of CR-951 and to a proposed 8' force main on the. east side. Electric Power: This utility sen'ice is to be provided by Florida Pov,'er and Light Company. The Project is proposed to connect to an existing aerial feeder along the westerly boundars' of the Project adjacent to the existing t-tarvev Basin ditch. Tele. p_hone.' This utility service is to be provided bF' UTS/Sprint. The Project is proposed to be connected to existing facilities within the CR-951 right-ot:v,'ay. 4-4 1998 PUD LOCATION MAP SUBJECT PARCEL DEC 0 8 1998 PL~D EXHIBIT DEC 0 8 ~998 EXHIBIT" EXHIBIT Z © 2-.._ DEC 0 8 1998 ~. 0~) EXHIBIT EXHIBIT "F" Ill~i~ilt EXECUTIVE SUMMARY PETITION NO. CU 97-23E, MR. ROY A. SHUCK, PASTOR REPRESENTING FAITH COMMUNITY CHURCH REQUESTING A ONE YEAR EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE "E" ESTATES ZONING DISTRICT FOR PROPERTY LOCATED ON 22~D AVENUE NW AND OAKS BOULEVARD APPROXIMATELY ¼ OF A MILE SOUTH OF IMMOKALEE ROAD. The petitioner seeks to extend the date by which a conditional use was first approved for a church in an "E" Estates zoning district. This is the first extension request. The Collier County Land Development Code provides for a maximum of three (3) one year extensions to conditional uses. CONSIDERATIONS; The approved development order Resolution 97-445 remains consistent with all elements of the GMP and in particular the Future Land Use element which provides for churches as conditional uses in all residential districts. Correspondence from the owners advises that members of the church are actively pursuing the steps essential to initiating construction of the church, as represented by correspondence from the pastor for this church, a copy of which is included with this executive summary. FISCAL I~PACT: None. GROWTH MANAGEMENT IMPACT: None. HI STO R___IC/A R C:_.H A E ¢_.LO 0 !CA g 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. ~TAFF RECOMMENDATION' That the Board of Zoning Appeals grants a one year extension to CU-97-23 accordance with the attached Resolution and Exhibits thereto. in DEC 0 8 ~998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER t REVIEWEI~ ~3Y: ~ONALD F.' hll~O, AICP, MANAGER CURRENT PLANNING SECTION \I//~',. ?¥ DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED Bff": VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 DEC 0 8 1998 9 >;HEPEAS, the Le~is:a%ure :,f the State cf Flor:Ca in Chapter !25, I0 Flor:ca Ztatutes, has ccnferre~ on all Uoun%ies in Florida the power ~o II estazi:sh, ccord:nate an~ enfzrce ich:n? anC such business regulations ~2 as are necessary for the ~rctection of the public; and WHEREAS, the County pursuant thereto has adopted a Land 14 Le'.'elc~r, en% Code (Ordinance ~%. 91-102~ which establishes comprehensive ]5 zcnlr.~ re~ulatlons for the zoning of particular divisions of the 14 County, among which is the granting and extending the time period of 17 Conditional Use2; and ]8 WHEREAS, on .~:cvermer 25, 1997, the Boar~ cf Zoning Appeals enacted 19 ? ~ ...... ~$. 97-445, attached hereto and incorporated herein, which 20 qranteZ a ccnSitlcna! use ~urs'~a~,t ti Crdinance Nc. 9i-102, for a .........~1 ~ ..... , ~- ........... -~ C~O.~. cescrlte~.Z~D~'Y;- , ~- . ay;d ........... ~ ..... n_ Lanu 5eve=oDmen5 Code provides 24 perlcd for a csndl%~cna! use which has not been com.menceO; ............. ~.=o~'~.~u, by Board Zoning Appeals of 26 Cciller Csu.n%y, Florida that: 27 7~..- wrltIen ._u~_,~-. '~= ~.. ~'f A.. Snuck, ~astor re, resenting Ealth' 2S 2;r.~, -~". ?~' '~,,~ ..... 'or tn~_ .... 'i-=~ cf three ~'3) 9ermi"t~S. _ one (!) year ............. :~ cescribe~ 30 ~'ruper~y: 3~ 'tract !5, Golden Gate Es%ares Unit 97, less the east 300 32 fee% and Tract 16, .3olden Gate Es:ares U.n!: 97, .!ess the 33 east {'50 fee%, as recorded in ?ia~ 5cch 7, Pages 95-9~, cf 3~ the ?ut!id ~eusrUs of Ccii~er CDun%y, ~iorida. 35 36 ........ ~= '"~-~ ..... : a~proved pursuant ts Suhsectlan 2 .7.,,'. 5 cf %he Land ...... r ............... :nar. ce L:. gl-lC2; ar.s t;-.~ excitation date 3~ Resciu:i~- .... '"-~. 97-~45. , a:tache~ h~r~-~ and 1--~ ....... ....... ~-~..o,_~ herein as 39 r:.~.'~- ,,=,, a:,~ ail ccncltlCf',s auslLuaLie :h~-- hereby 'EC 0 8 1998 BE :T FURTHER FESOLVED that th:s P. esoiutlon te recorded in the minutes cf this 5carZ and ir, the ;eccrds ~f the Petition for which the e×tensien is g:azted. This Rescluticn a~opte~ after r. ctlcn, seconc and ma)Drily vote. Done this cay of , 1998. 8 9 10 12 E.:.: 13 14 15 ATTEST: ~6 DWIGHT E. BROCK, Clerk I9 2O 21 Approved as ~o Form and Legal Sufficiency: 23 · , /1 25 ~,a.3c~e M. Student 26 Ass:stant Coun:'y Atucrney 2T 29 BOARD OF ZONING APPEALS ~..z~, COUHT'f, FLORIDA BARB;:.z~. h. BEERY, Chairman DEC 0 8 1998 3000 Immokalee Rd. Winter','icw Court ~2 Naples. Fl. 34110 Roy A. Shuck Faith Communitx Church Telephone 941-514-0040 Fax No. 941-514-0041 Pastor Jerry ,Martin October 21. 1998 Youth Pastor Mr. Ronald Nmo ....... Collier CounD' Government Community Development and Environmental Sep,'ices Division 2800 Noah Horseshoe Dr. Naples. FL ~.4104 Victory Through P~'ayer RE: Petition No. CU-9?-,.,-Falth Communig' Church Dear Mr. Nino: Faith Community Church ;vishes to request extension of the conditional use granted for the purpose o£buiiding a church. Our check for SI 7.5.00 for the extension fee is enclosed. Thank you for }our reminder, this demonstrates you are on top of your constituent's needs. Sincerely }'ours. Roy tx.. Shuck. Pastor God we willgain the victory" Psain2s 6o:~2 AG£%DA DEC 0 8 ~998 RESOLUTION 97- 445 A RESCLUTiC~ PROViDe' ,,,G FOR THE ESTAgLISHMENT OF A CHURCH CO~;DITIONAL USE "1" iN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY DEVELOPMENT CODE FOR PROPERTY LOCATED SECTION 29, TOWNSHIP 48 SOUTH, RJ~NGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature cf the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred cn 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, be/~g the duly appcinteJ 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 Conditional Use "1" cf Section 2.2.3.3 in an "E" Estates zone for a church cn the property hereinafter described, and has found as a matter cf fact [Exhibit "A") that satisfactory provision and arrangement have been mace concerning ail applicable matters required by said regulations and in accordance with Subsection 2.?.4.4 cf the Land Development Code for the Collier County Planning Commission; and WHERF~S, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board ha';in~ considered all matters presented. ~;OW, THEREFORE BE iT RESOLVED, R'f THE 5OARD OF ZONING APPEAI,S cf Collier County, Florida -~ ~ The petition filed by Geoffrey G. Purse of Purse Associates, Inc. representing Faith Con%munity Church with respect to the property hereinafter described as: Tract 15, Golden Gate Estates Unit 97, !ess the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 fee=, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following Conditions: 1. The Planning & Technical Services 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 No. 91-102). 2. All applicable provlsicns of the Land Development Code in effect at the time of submission cf final Site Development Plans shall apply. 3. Arterial level street lighting shall be required at the time of issuance of the first certificate of occupancy at established project entrances.' 4. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-manufactured m~sonry fence/wall shall be constructed at a height of slx (6) feet above the established finished grade cf the parking lot. Said wall shall be constructed at e o c hundred '' ~ - accomplishe~ a one (I00) percent visual screen for a vertical distance of six (6) feet to be in place at the time said parking lot is permitted. 5. No parking lot shall be located within fifty (50) feet of any lot line contiguous to the north and east boundary lines. 6. All exterior lighting shall be ~-mlted to a heioht of iixt!~Sd [!6) fe!i~and shall be directed downwa-~ and · a es P~oper:y. -2- DEC 0 8 ____p.g. Improvements to 22n~ Avenue NW and to the intersection of 22"4 Avenue NW and Oakes Boulevard may be required consistent with the ultimate impacts of the church's traffic on that intersection. Such improvements shall be deterTn, ined at the time of preliminary site plan submission. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly i~to any roadway drainage system. Should it be determined by Collier County that a sidewalk is necessary along 22no Avenue N.W., the owners of the property which is the subject of this petition shall pay a proportional share of the costs of said sidewalk. 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 ~~,~__.~, 1997. ATTF. ST[' ' / "., DWJ~HT:'£.'~ROCK.~ Clerk npproved a.~ t~,~-~rm and L~a I.' S.uf,fici~n6y: Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~ ~ '- '-airman -3- ,,:/,~ £/-,,)/. DEC 0 8 1998 Pa. '(~ --~ 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CO~{DITIONAL USE PETITION FOR CU-97-23 The followin9 facts are found: 1. Section 2.2.3.3.1 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: No B. Ingress and egress to property and proposed st~-uctures thereon with particular reference to automotive and pedestrian safety and convenlence, traffic flow and control, and access in case of fire or catastrophe: Adequate ingresp & egress Yes -. ffects neighboring properties in relation to noise, 9lare, ~c~nomic Ar odor effects: .. v No affect or Affect mitigated by ~ Affect c~nnot' be mitigated ' D. Compatibility with adjacent properties and other property in the district: Compatible use within dlstric~ Yes Based cn the above findings, ~his conditional use should, with stipulations, {copy a~tached) _,~~) be recommended for approval tIDING O~ DEC 0 8 1998 Pg. _ /(~ .-____ FIN-DING OF FACT BY COLLIER COUlee-FY PLA/N~ING COMMISSION FOR A CONDiTiO~LkL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 of the Land Deveicpment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other proper=O or uses in the same distrlct or neighborhood because of: A.Consistency with the xEand Development Code and Growth Manacement ~n: - Yes V No B. Ingress and egress To property and proposed structures thereon with particular reference to automotive and uedestrian safety and convenience, traffic flow an~ control, and access in case of fire or catastrophe: Ade~aa~e ingress &, ~ress Yes ~/ No C. Affec~/~ neigP~oring properties in reia~icn to no~se, g.are, e~ncmlc or odor effects: ~ No affect or Affect mitigazed by __ ~ Affect c~no6 be m~igated D. Compa[ibiiity with adjacen~ properties and o~her property in the distr~ct: Cc,.-pa~ible us~/ithin district Yes __~/ No Based on ~he above findings, this conditional use should, with stipu!a~ions, (copy attached] approval DEC 0 8 1998 FINDING OF FACT BY COLLIER COLTN~'Y PLA/~NiNG COM~4ISSION FOR A CO:~DITiONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the La,nd Development Code authorized the conditional use. Granting the conditicna! use 'will not adversely affect the public interest and will not adversely affect other property or uses in the same disurlc: or neighborhood because of: Consistency with the Land Develcpment Code and Growth Management Pla~: Yes / No B. ingress and egress tc property and proposed s=I~ctures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and contru!, and access in case of fire cr catastrophe: Adequate ingress & ~ress Yes ~ No C. Affects neighboring properties in relation to noise, glare, eco~/~ic or odor ef~e_~s: ~ No affect or After. mitlga~ed by Affect cannct be mitigated Compatibility with adjacent propertles and other property in the district: Compatible use w~in district Yes Based on the akove findings, stipulations, (copy a~tached) approval this conditional use should, with [ ' ~' ' ' -) be reccmme,nd~ for / f/CU-97-:~ FI'NDIN~ OF FACT DEC 0 8 1998 I AI' FIN'DING OF FACT, BY COLLIER COUNTY. PLA2~NI:~G COM24ISSiON FOR ~ CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1.Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Granting :he conditional use will not adversely affect the public interest and 'will not adversely affect other proper~O or uses in the same district cr neighborhood because of: A.ConsLstency with the Land Development Code and Growth Management ~la-ru~ Yes / No B. Ingress and egress to property and proposed s:~-uctures thereon with par:icular reference to automotive ~nd pedes:rian safe~y and convenience, traffic flow and control, and access in case of fire or ~ catastrophe: Adecruate ingress & egr~e~s Yes ~ No C. Affects neiqb~cring prcpersies in re!auion :o noise, glare, eco~omLc or odor effects: ~ No affec~ cr ~ Affect mitigated by Affec~ ca,nc: be mltigaced D. Compatibility wl~h adjacent properties and other property in the district: Compa:ibte use wiDh/n dissrict Yes ~'"' No Based on the above findings, this condi~ionai use should, with stiputatlcns,~ (copy autached) (should no~) be ?ecomznended for approval /%,~ f/CU-97-23 r,'~:~:G OF FACT. ~:1~1~/ DEC 0 8 998 FINDING OF FACT BY COLLIER COLqCTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 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 prope-~cy or uses in the same district or neigi%borhood because of: A.Consistency with the L~nd Development Code and Growth Management Yes ,! - No __ B. Ingress and egress to property and proposed structures thereon with particular reference au=omotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ade~aate ingress & eg~ss Yes ~/No C. Affects nelgb~orlnq proper=les in re!a=ion to noise, glare, eco/Domic or odor effects: ~/~ No affect or Affec~ m~tigated by Affect car~no~ be m~tigated D. Compatibility with adjacen% proper=les and o~her property in the district: Compaulble use wi~hln distr~ct Yes ~/ No Based on the above findincs, this_s c__~ditional use should, with stipula=ions, (copy attac~ed)~houi~ be recommended for approval OEO 0 8 1998 13 1 ' FINDING OF FACT BY CCLLiER CCbq~l~f PLA.N~I.~;G COMMISSION FOR A CCNqDITIO~L~L USE PETITION FOR CU-97-23 The following facts are found: 1, Section 2.2.3.3.1 of the Land Development Code authorized the ~- ' ' · c~.,c'~ t '~ onal use. 2. Granting the ccnditlcnal use will not adversely affect the public inheres: and will not adversely affect other properO cr uses in the same distr~c% cr neig~orhood because of: A.Consistency with the Land Deve!opmen~ Code and Growth M~age~?: No B. Ingress ~d egress to property and proposed st~actures thereon with particular reference to automotive and pedestri~ safety and convenience, traffic flow and control, and access in case of fire, cr catastrophe: Ade~a:e ing~~e~s ~ No C. Affects neig~crlng properties in reia~icn to noise, glare,~cr effects: ~ ~o arC. or ~ Affecz mitigated by ~ ~ect ca~o~ be mitigated D. Co~atibility with adjacent properties and o~h_r property in the district: C°~a~ ib~it bin distric~ Based on the above findings, this ccnditicnai use~~ with s~ipu!ations, ~,' approval ~/~ ~ho~2~be reco~ended for OEC 0 8 998 FINDING OF. FACT BY COLLIER COUN/~ PLA/~NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Granting the condi=ional use will not adversely affect the public ~nteresu 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 Mana~N° B. Ingress and eg~-~Ju to prope~y 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 in~ress C: Affects nei~ prcperti~'s in relation to noise glare, economic or odor effeCtS: ' ' , _ No affect or __~-' Affect mitigated b¥~~. Affect cannot be mitigated ~-~"~'~ D. Compatibility with adjacent properties and other property in the district: Compa~ibl. e~2~ew~thin district :his conditi~ ~~ith (should n~/ ~ecor~nenaed for Based on the above findings, s~ipulations, (copy attached) approval 1998 FINDING OF FACT BY COLLIER COUNq"f PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 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 o~her properO or uses in the same distrlct or neighborhood because of: A.Consistency with the Land Development Code and Growth Managemen~an: Yes No B. Ingress and egress to property and proposed structures thereon with pa~icular 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,'~conomic or odor effects: ~ No affect or -- Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent proper=ies and other properuy in the district: Compatible ~sxe within district Yes '% No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~ be recommended for DEC 0 8 1998 FINDING OF FACT BY COLLIER COL."qTY PLANNING CO,'~MISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: !. Section 2.2.3.3,1 of the Land Development Code authorized the conditional use. 2. Gr.%ting the conditional use will not adversely affect %he public interest and 'will not adversely affect other properO or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Managemen=~n: 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 ~egre~ Yes No C. Affects neighboring properties in relation to noise, giare,'~conomic 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 Us~e within district Yes '% No Based on the above findinos, this conditional use should, with s~ipu!ation~ (copy attac~ed) ~ be recommended for approval . Q~/~ . f/CU-97-23 FI~DI;~ OF FACT 1998 FII~DING OF FACT BY COLLIER COUN/Y PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 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 distrlc= 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 ~he district: Compatible use within district Yes., No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval (should ~ be/Tecommended for 1~3-rx~ EXECUTIVE S U~4ARY QIYEST TO APPROVE THE FINAIJ PLAT OF "COCO LAKES" OBJECTIVE: To approve the final plat of "Coco Lakes", a subdivision of lands located in Section 23, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Coco Lakes". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. egineering Review Section recommends that the final plat of "Coco kes" be approved with the stipulation that the final plat not be corded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $623,039.00, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer Drainage, Paving & Grading - $19,730.00 - $403,309.00 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: $8,653.11 Fees are based on a construction estimate o $403,309.00 (does not include City of Naple & sewer) and were paid in August, 1995 & Se 1998. Executive Summary Coco Lakes Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 623.80 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ N/A Drainage, Paving, Grading (.50% const, est.)- $1,901.08 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) $ N/A Drainage, Paving & Grading (1.5% const, est- $5,703.22 Additional Plat review fee - $ 425.00 Addition Review for Street Lighting and Landscaping (.425%) - $ 98.00 Additional Inspection (1.275%) - $ 294.45 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's O ffice for the project. ECOM2~E~ATION: That the Board of County Commissioners approve the final plat of "Coco Lakes" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. NO. ~ DEC 0 8 1998 Executive Summary Coco Lakes Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: __. Thomas E. Kuck, P.E. Engineering Review Manager / County Engineer RoSert/Mulher~ A!CP Planning Services Department Dire~o~~ ~ APPROVED BY: ×~ Vincent_' A. Cau[ero, A.~E, Administra:or Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh /}-2_c.. Date Date Date Date DEC 0 8 1998 VICINITY MAP DEC 0 8 1998 CO, STRUCTION AN'D MAINTENANCE AGREEMENT FOR SU'BDI\;ISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION h'vlPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into da,.' of , 1998 between Palm Foundation, Inc. II, hereinafter referred to as the "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS 1. Developer has, simultaneously with the delivec,, of this Agreement, applied for the approval bv the Board ora certain plat ora subdivision to be knox,.' as: Coco Lakes 2. Division 3.2 ofthe Collier County Land Development Code allov,'s the Developer to construct the improvements required bv said subdivision regulations prior to recording the final plat. NO\V. THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set. forth, Developer and the Board do hereby covenant and ag'tee as follows: 1. Developer ,,','ill cause to be constructed site improvements including roadways, drainage facilities, water and sewer facilities, lighting, excavation, signage and striping within '36 months from the date of approval of said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herev,'ith agrees to construct said improvements prior to recordimz said subdivision plat and the Board of Countv Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion ofsaid improvements, the Developer shall tender it subdivision performance security in the amount of $62,303.90 which represents ten percent (10%) of the total contract cost to complete construction. Upon receipt ~, said subdivision performance security by the Development Sen'ices Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval 'o'f said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion bv Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Set-vices Director for compliance with the Collier Count,.' Land Development Code. , 5. Thc Development Sen'ices Director shall. ,.vithin sixty (60) days, of receipt of the statement of substantial completion, either: a) notify the Developer in vvr/ting of his preliminary approval of the improvements; or b) notify the Developer in ,.vt/tint of his refusal to approve the improvements, therewith specifying those conditions which the dev'Teloper must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall thc Development Sen'ices Director refuse prelimina~, approval of the improvements if the5' are in fact constructed and submitted for approval in accordance w/th the requirements of this Agreement. 6. Thc Devc!opcr shall maintain all required impro,.'cmcnts for a minimum period of one .',,'car alicr prcliminar2..' approval bv thc Development Sen'ices Director. After thc one ,',,'car maintenan:e period by the Developer has terminated, the Developer shall petition 'the Development Sc~'iccs Director to inspect the required irnprovcmer~ts. The Dev¢lopmem Set-vices Director or his designee shall inspect thc improvements and, if, found to be still in compliance with the Collier Count',,' Land Development Code as reflected by final approval bv the Board. thc Board shall release thc ten percent (10%) subdivision perf.orrnance security. The Developer's responsibility for maintenance of the required imt>rovements shall continue unless or until the Board accepts maintenance responsibility for thc Co'untv. 7. In the event the Developer shall fail or netdect to fulfill its obligation under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision perf,ormancc security to secure satisfactor'v complmion, repair and maintenance the requiredimproven,,ems. The Board shall have the right to constn~ct and maintain, orcauseto be constructed or n'mintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer. as principal under the subdivision performance secur'/ty, shall be liable to pa.,,' and to indemnify the Board. upon completion of such construclion, the final total cost to the Board thereof., including, but not limited to, engineerinu. legal and contingent costs, together with an',., damaues, either direct or consequential, which th'-e Board may sustain on account of'the failure of the D-eveloper to fulfill all of the provisions of this .Agreement. $. .&II of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and thc respective successors and assigns of the Developer. DEC 0 8 1998 IN \\'ITNESS \\'HEREOF, thc Board and the Developer have caused this Agrecmem to be executed bx' their duly authorized representatives this ~ day of , 19 Witnesses to: '"'-~,,4 v / O (Name - type or } Steven H. Lovelesi, President Palm Foundation, Inc. ii ,ATTEST: DV','IGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COt.:.'NT'5 , FLORIDA Approved as to fom-~ and legal sufficiencv: David ",",:~'l~'ei : L. -' u'"'Oountv Anon~ev (Ord. No. 92-73. ~ 2: Ord. No. 94-58. ~ 3. 10-21-94) By: Barbara Ben'3,', Ct'~airrnan DEC 0 8 1998 pg. EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A ROAD IMPACT FEE REFUND IN THE AMOUNT OF $1,738.00 RESULTING FROM AN OVERPAYMENT. OBJECTIVE: To have the Board review and approve a request from Mr. Keith Davison representing The Club Estates to refund a Road Impact Fee in the amount of $1,738.00. CONSIDERATIONS: The Club Estates originally paid a Road Impact Fee of $2,773.00 to remove surplus fill from The Club Estates to Silver Lake RV Park. The removal of fill has been completed and the re-computed Road Impact Fee based on the computations by Edward Kant, Transportation Services Director, is $1,035.00. a copy of Mr. Kant's letter recommending the refund of $1,738.00 is attached. FISCAI., IMPACT: Funds are available in reserves in District No. 4, Fund 336 to make the refund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the request fbr a refund in the amount of $1,738.00 to The club Estates; the board approve the associated budget amendment to make the refund and have a check issued to The Club Estates for that amount. DEC 08. 998 PREPARED BY THOMAS E. KUCK~ P.E. ENGINEERING REVIEW MANAGER DATE REVIEWED BY: RO/BERer J. MyLI'/7~'~' ~ERE. AICP / ./' PLANN~/g~~T DIRECTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ROAD IMPACT OVERPAY EX SUMMARY/md DATE DATE DATE AG E NO,~, II F.~t _ No. ~ DEC 0 8 1998 COUNTY TRANSPORTATION DEPARTMENT November 11, 1998 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (941) 7744494 FAX (941) 774--fi37§ A CI~RTIFII~D BLU£ CHIP COM2MI.rNITY Keith Davison, Director of Marketing and Sales The Club estates Realty, Iac. 414! CR 951 Naples, FL 3,1114 Re: Adjustment of Road Impact Fee for Fill Removal Mr. DaWson: Thank you for your letter of November 3, 1998, in which you provided copies of truck tickets and information related to the actual haul of fill from the Club Estates to Silverlake RV Park. We have re-computeid the road impact fee based on the information provided and we find the revised fee to be$1,035.00. The original fee computation indicated a payment of $2,773.00. Therefore, it appears that you are due a refund of $1,738.00. Please prowide a coPY of this letter to the Community Development Division (Mr. Tom Kuck, P.E.) to expedite the processing of your request. If there are any questions or if you seek addit/onal information, please contact me at 77,1-8494. Very truly yours, ~ Edward J. Kant~..t Transportatio~__~ i~es Director CC: Tom Kuck, P.E., Engineering Review Manager Johnny Gebhardt, Customer Service Manager Steve Seal, P:E., Sen/or Engineer File: Club Estates RIF ,AGENDA lIEU _ -- DEC 08 7998 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 91-396 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 91-396 for a public nuisance. CONSIDERATION: On May 28, 1991 the Board of County Commissioners adopted Resolution No. 91-396 assessing a lien for a public nuisance in the principal amount of $245.00 on the property described as commencing at lot 9 block 424, Marco Beach Unit Thirteen which is owned by Don Hutchison and Karen Hutchison. On October 20, 1998 First Title & Abstract paid $460.67 with check number 0001693 on the Hutchinson's behalf. The total amount due is $460.71 with a .04 cents difference. I request that the balance of .04 cents be waived and this lien be satisfied in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost.of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on June 28, 1991 by Resolution No. 91-396 recorded in OR Book 1628, Page 721 of the Official Records of Collier County, Florida. PREPARED BY: Julie Belanger '% Senior Customer Service Agent REVIEWED BY: Michelle Edwards Arnold Code EnforcemeCt/~i, ector APPROVED IE~.x/ Vincent A, Cautero, AICP Administrator Community Dev. and Environmental Svcs. DATE: DATE: BEC 0 8 1998 pg. '/ th"..1 h ~'~ OOC ~ IhlT ~ I.:~ j1JII 28 Pll37 ,~ r. co~ir~,::, n OR BOOK PAGE k RE£OLUTION OF Tile BOARD OF COUtITY CO:434ISSIONE PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 85-33, AS A~.ENDED. WHEREAS, as provided in Ordinance 85-33, as amended by Ordinance 89-66, the cost of abatement of certain nuisances, including prescribed administrative costs incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a descriptiDn of said parcel; and ~{EREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment al%er which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as fol!o~s, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME:. LEGAL DESCRIPTION: Don Hutchison and Lot 9, Block 424, Narco Beach Unit $245.00 Karen Hutchison Thirtean, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 92-99, of ~he Public Records of Collier County, Florida. REFERENCE: (I~;~91-01-00474) The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier Ccunty, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: Y,a?,,28, 1991 ATTEST: ,: * JAY, ES C. GILES, CLERK ',5 ':' L ~ ~" ( ~,' .~ '... APPROVED AS TO FORM AUD LECAL SUFFICIE~;CY: DEt;NIS P. 'CROH!I; ASSISTANT COUI~TY ATTORNEY CSco 11/89 BOARD OF COUNTY CO:<M!S$IOXERS COLLIER COUXTY, FLORIDA PATRICIA ANt;E GOODNIG'f~, C! IA I RMAN DEC 0 8 1998 This instrument prepared by: Heidi Ashton Office of the County Arlorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Ref Inv # 91-01-00474 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUN'FY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-396 against: Don & Karen Hutchison P.O. Box 428 Gold River, British Columbia Canada VOP 1GO '[.he hen was recorded on June 28, 1991 Official Record Book 1628, Page 721, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars (24500). plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, Block 424, Marco Beach Unit Thirteen, a Subdivision according to the plat thereof, recorded in plat book 6, pages 92-99, of the Public Records of Cotlier County, Florida. REFERENCE: Inv# 91-01-00474 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satist'acfion of the Lien and hereby cancels said Lien. The Clerk of the Circuit Coud is hereby directed Io record this Satisfaction of Lien m the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, ' acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this . day of 1998. A'FTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY. Chairman AGEN A T ~u BEC 0 8 1998 EXECUTIVE SUMMARY RECOMI~IENDATION THAT THE BOARD OF COUNTY CO/~IiMISSIONERS APPROVE THE STAFF SELECTION OF FIRMS AND AWARD AGREE1MENTS WITH FIRMS FOR TIlE FIXED TERM PROFESSIONAL ENGINEERING SERVICES (RFP #98-2835). OBJECTIVE: To continue the program of establishing agreements with several professional engineering firms, CONSIDERATIONS: Annual contracts for engineering services have been utilized as authorized by the Board of County Commissioners for the past several years. This program is to award fixed term contracts for a two year period in accordance with the County Purchasing policy. Authorization of a Staff Selection Committee was given on July 21't, 1998 to review, evaluate and rank proposals from engineering firms, and to negotiate agreements with the top ranked firms. RFP 98-2835 was issued, and twenty-five (25) responses were received on August 21". (The Selection Committee authorization letter and ranking matrix are submitted with this document.) The Committee ranked the seven top firms as follows: 1. Camp, Dresser and McKee, Inc. 2. Pitman Hartenstein & Associates, Inc. 3. Agnoli, Barber and Brundage, Inc. 4. Hartman & Associates, Inc. 5. Tampa Bay Engineering, Inc. 6. Wilson, Miller, Barton, & Peek, Inc. 7, Wilkison & Associates It is the recommendation of the Selection Committee that contracts be made with the top seven fSrms. Negotiations have been carried out with each firm. Work assignments under these agreements are by a Work Order and Purchase Order. Work Order requests by a County agency include a Scope of Work agreed to by the County and the Professional firm. Assignments under $25,000 will follow purchasing regulations being implemented with approval by the Department Director and an approved purchase order. Work orders over the $25,000 threshold require BCC approval. DEC 8 1998 P~. ~ Executive Summary Fixed Term Professional Engineering Services(RFP //98-2835) Page Two ,.2FISCAL IMPACT: Funding for Engineering Services under these agreements shall be provided by each user Division, and contracted by a Work Order and purchase order funded by the using agency. GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOM'MENDATIONS: That the Board of County Commissioners approve the selection of seven engineering firms and authorize the Chairman to execute fixed term agreements with these seven firms after review by the County Attorney. SUBMITTED BY'"-- ' 'x/J/ DATE //// 5u almes Minor, P.E., Senior Project Manager Public Works Engineering Department REVIEWED BY:z'a~'efBibb-v'o""" ' ~ "Public Works Engineering Department DATE: "-~-- ~ ' ; ~ '~?" REVIEWED BY' .'---'2 Steve Garnell, Director Purchasing Department APPROVED B'~~~-~~ Ed Ilschner, Administrator Public Works Administrator TE: ////.z S/¢,r __ To: Through: From: Date: RE' MEMORANDUM ',98 P,FI [',~r. t%,ODGR [-ernandez, uounty Administrator Ed llschner, Administrator ...¢.~-"'~'(~ Public Works Division July C. Adarmes Minor, P.E., Senior Project Manager Office of Capital Projects I,,',anagement Monday, July 13. 199'3 Appointment of Selection Cornn,.~,..:. t.3 Re,:iev.' :; .... ' .... from Professional Engineering Services to be Us.3d on an as-needed basis The County presently has ~ ,- ' agr,:.en-,.:n~s v.'ith five (5) ' "' ¢~" '- · e.'~=~n~,mg firms to provide professional '"",'¢' ," "' ' en,.,~,~ve,~n~ s. erv~ces cna \",,'orl; Order basis. These agreements are Autho;'iz.~.tion is :..-,,o~',--5 ' . C..,n ~, ."il;1. u .. ~O1 .-: ~ ,'..:~,, .i ru, i ~ .,., I*~ .~, evalu~i:no - ' ' ,,;;;.; ' --~n~,',:;,'r, to ~.:] RFP. --' eno r?-n'~un[] proposals "' ' enc;!n~;-."' '" selE,.cti.:.nco,m,,.,t,,.;~; ~",~ is to,n~go¢~,,:¢, "~¢- z:~reeme.. ,-~o~,.. with several of thc to,':,., ranked firrns and present reco.rr, mendatior~s to the BOpr(~ O1' ¢---,.,U,~,: Commissioners. In accordance with *'; ' Se,..,,on VII.B.3 of the Count,,,' Purchasin~ Policy. this office requests · c_~ ...... i:~u~ for the re, ¢,-, ~.. encee -, ~ a ppo,ntment of a five- r'r,e tuber. ~... ~. ~ ¢'¢,-.~ i-~.'.,,, r ~ "-", request-for-proposals. The committee sba,' include tl~e fo!io'.v;ng n'~ernbers: Micah t.,,-...~ .... ~ol, P.E., Project Man?~er II OCPM RonD~,a c,P.E Project Manager II OCPM Robed \"v'iley, P.E., Project Manager III, OPCM Tim Clemens, Utilities VVastev,,ater Director ,...:. en Butler, Senior Buyer, Purchasing Dep~rtment Upon approval, please forward this request to the Purchasing Department. Your prompt attention to this matter is appreciated. Comrn,, .:;~ appointed and empowered by: Robert Fernandezi' County Adrninis. trator DstI DF_C O 8 1998 t_ .6. _ ~, ,. RANKING MATRIX FORM RFP 98 - 2835 FIXED TERM PROFESSIONAL ENGINEERING SERVICES RW 5151 RD TC GB AVERAGE RANKING Mckim & Creed 74 94 84.5 74 84 82.1 9 RWA 54 50 67 47 77 59 23 HMA 73 72 75 88 78 77.2 14 ABB 76 88 97 79 86 85.2 3 Johnson 75 89 97 62 85 81.6 10 Q. Grad,,,' Minor 68 91 73 75 78 77 15 Pitman 80 99 94.5 78 81 86.5 2 Dufrieide - Henry 50 91 89.5 78 82 78.1 12 Calvin 61 96 91 60 86 78.8 11 WMB P ~ 74 81 90 87 89 84.2 6 Anchor 64 82 85 55 71 71.4 19 Wilkison 64 88 93 82 88.3 83.06 7 Tampa Bay En~. 66 90 96 80 89 84.2 5 __Wilbur Smith __ 73 92 [I 85 53 76 75.8 _ 16 ~l~ida "frans. Enkz. 66 59.5 [ 26 30 73 50.9 24 "llI~lorida Gulf 43 45 28 29 58 I 40.6 25 Kirsint2er Campo 67 88 70 36 77 67.6 21 Aim Engineering. 80 83 72 31 75 68.2 20 .... Hartman 62 99 96.5 · 82 86.3 85.16 4 TKW 70 88 88 60 81 77.4 13 Greeley 75 95 91 77 76 82.8 8 .... CDM 77 94 97 89 88.5 89.1 1 Humiston 84 83 82 43 85 [ 75.4 17 Coastal Engincerin.~ 63 86 73 68 85It 75 18 Teco 59 80 64 36 68 61.4 22 OEC O 8 1998 Pi;. z.~ -j I~ ~3 ~UVd , PPBO~CL lPG gg:L~ 8GGI/G*/O~ DEC 0 8 1998 2,: 'l , ~ DEC 081998 ~ I 3DVc! }.5 DEC 0 8 1998 PG. // g~:ZI BGGI/Gd/Ul °i o~ .o. /Z. DEC 0 8 1998 PG ,~ - ! I DEC 0 8 1998 ~. /? /! .5 .i 0,8 1998 DEC 0 8 1998 (, t .It r,, J '.~tl.~' ,'S) l ,.'t)),~ t,t,[Jl](;L L Iisi, !;(., :/ ! j 0 DEC 0 8 1998 _J . EXECUTIVE SUMMARY AWARD BID//98-2850 FOR EMULSION POLYMER FOR THE NORTH AND SOUTH COUNTY WATER RECLAMATION FACILITIES. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid//98-2850 for the purchase of Emulsion Polymer for Residuals De-watering at the North and South Water Reclamation Facilities. CONSIDERATION: Residuals de-watering allows for the proper and economical disposal of the excess biomass produced in the treatment of wastewater. Proper disposal to the landfill is required to be increased to a minimum of 15% solids from an original 1% solids. Request for information on bid/498-2839 was advertised on August 5, 1998 to pre- qualify a chemical vendor. Four (4) responses were received, two (2) were pre-qualified upon testing. Of the tv,,o (2) vendors pre-qualified, Ciba Specialty Chemicals Water Treatments, Inc. was the lowest bidder. FISCAL IMPACT: The use of Emulsion Polymer for Residuals Disposal will cost approximately $90,000.00 annually for both locations. Actual costs will depend on overall system demand. Funds for the purchase of Emulsion Polymer were budgeted as follows. 408-233312-652310 for the North Facility and 408-233352-6523 I0 for the South Facility. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid/498-2850 for Emulsion Polymner to Ciba Specialty Chemicals Water Treatments, Inc. 1998 fH~ Pratt, Chief Operator Date: REVIEWED t~ [,r~q,~ ' . ~ ~ate: I/ ~.O Timothy L~Qlemons, Wastewater Director '~'fl~n Y. C~wnell, Purchasing Director APPROVED ~ Date: Ed IlsclSner, Public Works Administrator DEC 0 8 1998 DEC 0 8 1998 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION RATIFYING SPECIFIC EXPENDITURES FOR WASTEWATER DEPARTMENT TEAMBUILDING SESSIONS AS SERVING A VALID PUBLIC PURPOSE. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District approve a resolution finding and ratifying that specific expenditures for Team Building sessions on 4/2/98, 8/26/98 and 8/26/98 and future Team Building sessions are a valid public purpose. CONSIDERATION: Team Building sessions were held on 4/2/98, 8/26/98 and 8/26/98 at which time pizza, soda, donuts, juice, and coffee were provided to the participants. Collier County Ordinance No. 87-5 does not cover some of the exact expenditure categories involved in the Team Building sessions, namely pi?za, soda, coffee, donuts, sandwiches, potatio chips and cookies. It is the purpose of the proposed attached Resolution to approve and ratify specific expenditures that were incurred at the 4/2/98, 8/26/98, 8/28/98 Team Building sessions. FISCAL IMPACT: $109.03 to be spent for the Team Building sessions on 4/2/98, 8/26/98 and 8/28/98. Future Team Building sessions held on a quarterly basis will not exceed $1,000.00. Funds have been budgeted in 408-210120. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer D/strict approve the attached Resolution ratifying and approving specific expenditures incurred at the Team Building sessions finding that said expenditures serve a valid public purpose. Further, that the Board authorize the dispursement of funds to pay for said expenditures. SUBMITTED BY.;.. 0i)'l;~/J~,.¢-~ - f')J'i/v::, Date: /) 'imoth , Clemons, Wastewater Director APPROVED B~~~I~~ Date: Ed Ilschner, Public Works Administr~or DEC 0 8 1998 PC,., [ 10 11 12 13 14 15 17 I8 19 2O 21 22 23 24 25 RESOLUTION .NO. 98- A RESOLUTION APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR PREVIOUS AND FUTURE WASTEWATER DEPARTMENT TEAM BUILDING SESSIONS AND FINDING AND DECLARING TltAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A PUBLIC PURPOSE. V',~EREAS, the Wastewater Department regularly holds strategic team building sessions which provide the Wastewater Department employees with exercises on working together effectively, to build employee morale, make group decisions and the opportunity to interact with fellow Wastcwater Department employees; and WHEREAS, the Wastewater Department team building sessions are a two (2) to three (3) hour e,,'ent scheduled in the morning, breaking at mid-day. WHEREAS, coffee, .juice, donuts, pizza, sandwiches, potato chips, sodas, and cookies have been and will be rnadc available to the Wastewater Department employees attending team building sessions. WHEREAS, Collier County Ordinance No. 87-5 allows for expenditures of county fends to enhance Count)' employee productix'ity, and recognizes that the promotion and engender of good will toward the County is an important factor affecting the pride of county employees in their work, provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and WHEREAS, on 4/2/98, 8/26/98, and 8/28/98, the Wastewater Department held team building sessions at which costs in the amount of $109.03 ,,,,'ere incurred for pizza, soda, coffee, donuts and juice; and DEC 0 B 1998 PG. 4 WHEREAS, the Wastewater Department shall in the future hold team building sessions at which expenditures for coffee, juice, soda, donuts, pizza, sandwiches, potato chips and cookies shall be incurred. 6 7 8 9 I0 11 12 13 14 15 16 17 15 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The expenditures in the amount of $109.03 for Wastewater Department team building sessions held on 4/3/98, 8/26/98 and 8/28/98 are hereby found by the Board to serw'e a valid and proper County purpose and are ratified and approved. The specific expenditures ratified and approved are pizza, soda, donuts and juice. Thc Board further finds that for future Wastewater Department team building sessions expenditures for pizza, soda, coffee, donuts, sandwiches, potato chips and cookies serve a valid and proper County purpose of promoting and engendering goodwill toward County Government and increasing productivity within the Wastewater Department and for those reasons are approved for future \Vastewatcr Department team building sessions. The Board hereby authorizes disbursement of moneys to pay for said expenditures. Maximum expenditure per fiscal ,.'ear of'SI ,000.00 or less. 21 This Resolution adopted this~ 22 and majority vote favoring same. 23 24 25 26 27 28 29 30 31 32 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiencv: 3S~,x David C'f. Weigel 36 County Attorney day of 1998 after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman DEC EXECUTIVE SUMMARY · APPROVAL OF A LEASE AGILEEMENT BETWEEN COLLIER COU%'TY ANI) RAYMOND CRAWFORD {[~USE OF A PARCEl. OF LAND IN SECTION 8 AND 9, TOWNSHIP 48, RANGE 27 O~UE3~T_tS~: Approval ora Lease A.greement bem'een Collier County CCounLy") and Raymond Crawford for use ora parcel of land in Section 8 and 9, Township 48, Range 27. CONSIDERATION: Mr. Raymond Crawford ("I. essee") has requested the use of Four Hundred Thirty-Six (436) acres of vacant land in Unit 52, Golden Gate Estates, for the purpose of cattle grazing. The Lease term stiall be for one (1) year commencing on the date the attached Lease Agreement is approved by the Board of County Commissioners. The Lessee shall be granted the option to renew the Lease annually by providing the Count5' with thirty (30) days prior written notice. The County reserves the right to terminate this Agreement with or without notice by providing the Lessee with thirty (30) day written notice. The annual rent shall be Eight Hundred Seventy- Two Dollars and No Cents (5872.00). This amount was based on an in-house market analysis completed by the County's Review Appraiser. The rent shall be increased annually based on the Consumer Price Index. The Lessee shall be required to erect and maintain a fence encompassing the Demised Premises in order to prevent cattle from roaming. The Lessee shall also be required to provide the required insurance policy as stated in the Lease Agreement. Pursuant to Florida Statute, the Legal Notice was advertised in the Naples DaiO, News on September 25 and October 2, 1998. The Legal Notice ("Notice") was advertised once (1) a week for two (2) consecutive weeks. The only response to the Notice was received from Raymond Crawford. The Notice required the av,'arded bidder to pay all costs associated with the publication of the advertisement. The Notice, the Affidavit of Publication from the NaRles DaiO, News and the response from Raymond Crawford are attached. rect ttached Lease Agreement was reviewed by the Office of the County Attorney, the Transportation Services or and the Risk Management Director. FISCAL IMPACT: The annual rent of Eight Hundred Seventy-Two Dollars and No Cents ($872.00) shall be deposited into the following account: Fund: 101 Cost Center: 163610 Project: 362180 (Road and Bridge) (Transportation Administration) (Leased Land) GROWTtt MANAGE*lENT: None B. ECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Raymond Crawford and authorize its Chairman to execute same. PREPARED nv~ ,,X'. DATE:. /__(/: 5' 9' tiT" Michael. J~. Dowling, R~i t,~eal Property Management Department Ed Ilschner, Administrator, Public Works Division ,o. /t,,(,q K' J [ DEC 0 8'1 g8} ,I Lea~e # THIS LEASE AGREEMENT entered into this day of , 1998, bep,,.'een R.AY.MOND CRAW1:'ORD whose me, drag address ~s Route 3, Box 95 i, L~Be]le, Florida 3:]935, hereinafter referred to as 'LESS£E". and COLLIER COL,rNTY, a pohtical subdwision of the State of Florida, whose marling address is 3301 East Tam~am~ Tml, Naples, Florida 34112, hereinafter referred to as 'LESSOR'. WITNESSETH In cons~deramm of the mutual covenants contained herren, and olher valuable consideration, the pames agree as follows: AR'f]CI.E I, D?~tl~d Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 436 acres of properly described In Exhibit 'A" which Is attached hereto and made a parl of th~s Lease, hereinafter called the 'Demised Premises", situated m the County of Colher and the Stale of Florida, for the sole purpose of grazing cattle. ARTICLE 2. Term of Lease LESSEE shall have and hold thc Demised Premises for a lerm of one (I) year, commencing on the date LESSOR executes thls Lease, LESSEE Is i,,"ranled thc optson, provided ~! Is not m default of any of the terms of th~s Lease, to rene'~ same annually under the same terms and condmons, excep; as to the rental amount, as provided here;n, by giving ~,'n:~en notice of LESSEE'S mtent~on to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasc?,oId es:ate hereby created LESSOR rese,".'es th':. right to deny LESSEE, m ,.veiling, of any re,-,ewa~ term. Sa:d r, ot~:e sha~i ~ effectwe upon placement of the not,ce m ar. offi,:.sal depository of the Umted Stales Post Office. Registered or Cemfied Mad, Postage Prep,qd. ARTICLE 3. Exl:g LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of E~ght Hundred Sc','emy- Two Dollars ($872.00) per annum. Sa~d annual renl shah be pa~d ~n full upon th:rD' (30) days from the date in which this Lease ~s execuled by the LESSOR, LESSEE will also be respons~ble for the paD'nent ofaddmonal rent as provided for m ARTICLE 5 ofth~s Lease. In the event I..ESSEE eltcv, I,' reno',,, th~s Lease. as provided for m ARTICLE 2, the rem set forOi m ARTICL'E 3 shall bc Ir, creased utihzmg the method oulhned ~n ARTICLE 4. LESSOR reset-yes thc right to terminate INs Lease, with or without cause, by pro',qdmg LESSEE with thirD' days ',,,~::en not~ce :o the address set fo~h m ARTICLE 14 of this [.ease. Said notice shall be effec:we upon placement of the no:ice tn an official depository of thc Umted Scales Po~I Office, Rtegtstcred or Cern fled Mad, Postage Prepaid. ARTICLE 4. ~:n:wal Term Rent In the event LESSEE elects to renew th~s Lease. as provided for tn ARTICLE 2, the rent set forth m ARTICLE 3 shah be increased for each ensuing one (I) >'ear renewal term m the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-Umted States C~ty Average, all hem-Series A {1967-100), Umled Stale,, Department of Labor had increased for lhe preceding .,,'eat. However, m no event shall the annual mm~mum rent be It',,,, than E~ght Hundred Seventy-Two Dollars ($8'/2.00) nor shall any yearly increase be greater than 10%. In the event that the Consumer Price Index ceases to incorporate a stg'nifican! number of ~tems, or if a substantial change ~s made tn the method of es'.abhshmg such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred m the manner of comp-ting such Consumer Price Index In ~he event that such Consumer Price Index (or a successor or subshtutc index) is riel avadable, a rchable gu,,crnmcnl~l or olhcr nonpamsan pubhcatmn, evaluating the reformat,on thereto for use in determining the Consumer Price Index. si,ail bt' used m heu of such Consumer Price Index. LESSOR shall advise LESSEE, m 'o,,'ntmg. of annual CPI increases and LESSEE shall pay LESSOR estabhshed rent v, uthm thirty (30) days from LESSOR'S notice to LESSEE. ARTICLE 5. Other Expenses and Cl'arges LESSEE shah pa.',' all costs associated with the maintenance of the Demised Premises and an.',' and all charges If LESSOR elects to supply any ser'.'iccs to the Demised Premises, LESSEE agrees to pa)' thc same .',,. addmonal rent within thirty (301 days of its receipt o~ the LESSOR'S ball or mvmc¢. ARTICLE 6. ~l.fi~gO.~S..;~;LDem~sed Prom'.scs Print Io making any changes, aherahons, addmons or ,mpro'.'ements to thc Demised Premises, I_.[:~SEI: v,,lll pro','~de Io LESSOR all proposals and plans For aheratlons. ~mprovcmcnts, changes or add~',~ons Ia the Demised J're~ for LESSOR'S ',,.'tmon approval, specff],'~ng In '.,,'r,lmg the nature and e;~lenl of the desired aheratmn, change, or addmon, along with ',he conlemp]ated stamn~ and complehon time For such project. LESSOR or · .,,'ill then have sixty (60) days ,.vtthin which Io appro','c or deny in v.,'~tlng said request For changes, tmpro','em aherahons or addmons. LESSOR shall not unreasonably withhold its consent to requ;red or appropriate aherations, ;mprovements, changes or addmons proposed by LESSEE. If iRer stxt)' (60) days there has been no response from LESSOR or ~ts designee to sa~d proposals or plans, Ihen such silence shall be deemed as a den;a] to such request to LESSEE. LESSEE covenants and agrees in connecllon with any maintenance, repair work, erechon, ¢onstFucIion, ImprovemenL addmon or aherat~on of any authorized modlficat;ons, additions or impro','cments to the Dcm;sod Premises, to obser",'e and comply with all then and I'uture apphcabJe Jaws. ordinances, rules, regulations, and requirements of the United Stales of America, State of Florida, County of Colher, and any and all governmental agencies. Ali aheraHons, improvements and addmons ~o said Demised Premises shall at once, ',,,hca made or ~nstallcd. be deemed as attached ~o the freehold and to have become property an}' renewal lerm thereof, or w~thm Ih~)' (30) days thereafter, if LESSOR so directs, LESSEE shall promp:ly remove addl~mns, *mprovements. alterations, fixtures and mstallahons which were placed in. on, or upon the Dcmtsed I'rem~s~'s by LESSEE, and repair any damage occasloned Io the Demised Premises by such removal; and m default thereof, I.E.S.;;OR may complete sa~d removals and repairs al I.ESSI:E'S LESSEE covenan;s and agrees nol '~o use, occupy, suffer or perTn;t sa~d i')em~scd Prermses or an.',' part thereof to used er occupied f,,ar any put'pose contrar) to Ia',,.' or the rules or regulations of any pubhc aulhonb. ARTICLE ?, /...~;ess to Dem.'sod Premls;.~ i. ESROR, ~ts duly authorized a~ents, represemam, es and empioyees, shah have the ngh~ after reasonable nohcc to I. ESS!:E. so enlcr mid and upon she l)cmlsed I'rcm;.~cs or an.', pan lhcreoF at all reasonable hours for the purpt)s¢ examining the same and making repairs or pro','idmff jamtorlaI se~'~cc there;r',, and for the purposes of inspection For comphancc wHh the provisions of ;his Lease Agreement. ARTICLE $ Ass,._~':'.men: ~.~d Sub!er, m_~ or [o p:~:l ar, l,' off, er persons ~o ~cup)' same w:ff~ou: the ~T~rter, consort; of L~SSOR. An'/ su:h ass~mm~ sub]e;:m~, even wi~h ;he conscn~ of LF. SSOR. shall not rehtv¢ LESSEE Dom habH~:y for paymcm of rem or olher sums hereto prov;ded or from ;he obh~auon ~o keep a~d bc bound b)' me ~erms, condmons and covenants of this [.ease ~e accep:ancc o¢ rea: Dom any other person shah r,o~ bc dccmcd ~o ~ a wail'er of any of thc provlsmns of this Lease or to be a consent Io ;he assi~men~ of ;his Lease or sublemng of thc Demised ~em~ses. ARTICLE 9. LESSEE, m cons;dcratlon of Ten Dollars ($ !0.O0), ih.' tree:pt and suFfic:ency of '.vh;ch :s he;cby acknov, lodged, shall mdemmFy, defend and hold h-',rmless LESSOR. ~ts agcntf and employees From and against any ,nd ,H1 (s;a:u:o,"l..' or othcr',,,~se), d:,mages, claims, su;ts, demands, jud~mems, costs, inleres[ and expenses lmcludmg, but hm;~ed to, :,t~omeys' Fees and dlsbursemenis both at trial and appellate le','els) arising, directly or md~r¢cl!y, From an.,, mjur)' to, or death of, any person or persons or damage to property (mc]udmi; loss of use theteof'~ rolo:ed to LESSEE'S use o£ :he Demised Premises. (nJ any work or thing ',,,'hatsocver done, or any condmon created [other than LESSOR, ~ts crop',dyers, a~ents or ¢ontraclors) by or on behalf of LESSEE in or about ~he Demised Premises, (C) ar,.', condmon of thc Demised Premises due to or rcsulung From any default by LESSEE in the pcri'orrnance of LESSEF'S obh.;:al~ons under th~s Lease, or eD) any act, omission or ne~hgencc of LESSEE or tis agents, cont;ac;or~, emplo.',ce~. subtcr, anis, hcensces or In~,'ltees In case an}' action or procecdml~ ~s broughl against LESSOR b.'. reason of a.qy one or more thereof, LESSEE shall pa.',' all costs, atlomeys' fees, expenses ar, d habHmes resuhmg therefrom and shall defend such ac;~on or proceedmi; ~f LESSOR shall so request, a'~ LESSEE'S expense, by counsel rcasonabl.', satisfactory Id LESSOR. 'I'he LESSOR shall not be liable for any Injury or damage to person or property, caused by Iht elements or by other persons in the Demised Prom;scs, or from she street or sub-surface, or from an],' other place, or fo;' an],' interference caused by operations by or For a go','emmental au~horl,";,' in constr'ucllon of any pubhc or quasl-pubhc 'works l'ne LESSOR shall not be habJe for any damages to or Joss of, mcludm~ loss due to pet:.',' theft, an],' proper:,), occur-:',;n~ on the Demised Prcm~s=s or any par:, t~,ereof, and th~ LESSEE a~.'rees to hold thc LESSOR harmless from an}' cla~m.~ for damages, cxcept whcrc such damagc or Injury ~s thc rcsuh of thc gross ncghgencc or wdlful m~cunduct of thr LESSOR or Hs cmployccs. ARTICLE 10. ~ LESSEE sh.'dl pro',.'~de and maintain a farm habdny pohcy '~.hmh shall ~ ~pproved by Ihe Colher Count)' R~sk Management Deparlment. for nol less than an amount of Three Hundred Thousand Dollars and No;IOn Cent,, (S300,000.00) throughout thc lerm or an)' renewals thereof to th~s Agreement. In addmon, LESSEE shall provide and maintain Worker's Compensatmn Insurance covcnng all cmployces meeting Statutory L~m~ts in comphance wnh :he apphcable stale and federal laws. The coverage shall include Employer's Llablhty with a minimum hmn of One Hundred Thousand Dollars and Noq00 Cents (SI00,000.00) each accident. Such insurancepohcy(~/:s) shall hst Colher County as an addltional lnsured thereon. E','ldenceofsuch,nsurance . shall bc provided to thc Colher County. Risk Managemen! Department, 32,01 East Tam~am~ Trail, AdministraUon Bmldmg, Naples, Florida, 341 I2, for approval prior to Iht commencement of th~s Lcasc Agrccmcm; and shall include a provmon requmng Ich (I0) days prior v. tltlen nouc¢ to Colher County cio Count')' R~sk Management Department m the event of cancellation or chang:s m pohcy(ies) coverage. LESSOR reserves the right to reasonably amend ~he insurance reqmrements by ~ssuance of nohce m v,'rmng to LESSEE, whereupon rmce~pt of such notice LESSEE shall have Ihmy (30) days in which to obtain such ,ddmonal insurance. ARTICLE 1 I. Mamtenan:: I.ESSEE, al ~ts sole cost and expense, shall erect, ~f not already ex,sting, and maintain a fence acceptable to LESSOR around that area of the Demised Premises which shall contain any cattle. Th~s fencing ~s crucial tn retaining cattle and preventing cattle from roaming off or,he Demised Premises. LESSEE shall, al its sole cost and expense, keep the D.-'m~sed Premises clean at all l~mes. If sa~d Demised Premises ar; not kept clean in the opmmn of LESSOR, LESSEE'S manager w111 be so advised m w'rmn~.. If corrective actmn ~s no: ~aken wnhm t~'enty (20) days of !he receipt of such notice. LESSOR will cause thc same to b: cleaned and correcled and LESSEE shall assume and pa.', all neccssa,':,.' cleanmg costs and such costs shall constitute addmonal rem which shall bc pa~d by LESSEE u,'nhm ten (101 da.~s of receipt of',,,'rmen notmc of costs recurred by LESSOR. The LESSEE, at its sole cosl, shall repair ali damage to the Demtsed Premises caused by LESSEE, Hs employees. agents, Independent contractors, guests, invltees, hccnsces, or pa,roBs. The LESSEE. at as sole cost, shall remove from the Demised Premises m accordance u.'lth all applicable rules. laws and ret:ulat~ons, all soled, hqmd. sem~sohd, and gaseous trash and 'waste ,,nd refuse of an,,' nature whatsoever m~ght accumulate and arise from thc operations of the LESSEE'S business. Such trash, waslc akd refus~ shall be stored closed conta;ners approved by the LESSOR. ARTICLE 12. Ddaul~.F..~ Failure of LESSEE ~o comply for ninety (90! days with an.',' ma:trial provision or covenant of :h~s Lease shall constn'~te a default, LESSOR may, al Its op:mn, lermlnale Ibis Lease after thirty (30) days written not,ce to LESSEE. unless :he dehuh be cured wnhln the nohce period (or such addmonal t:me as ~s reasonably reqmred tn correct such default). Ho'.,,ever, the occunence of any of the follo'.,,'lng events shall consl;tute a dcf~ull by LESSEE, and :his Lease ma.,,' IX immediately terminated by LESSOR: (a) Abandonmen! of Dem~sed Premises or d~sconunuanon nC LESSEE'S opcrauon. lb) Fals~ficauon of LESSEE or an agenl of LESSEE of any rep,on required to b~ furmshed :o LESSOR pursuant to the terms ofth~s (c) Fdmg of insolvency, rcorgamz.atmn, plan or arrangement or bankruptcy. (d) Adjud~cahon as bankrupt. (e) Making ora general ass~gr~ment of the I:~nefit ofcrednors. (f) If LESSEE suffers thls Least to Ix taken under any v,,'nt of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE, LESSOR. in addmon to any other rights and remedies H ma)' have, shall have the ~mmed~ate ngh: to re-enter and remove all Ixrsons and property fr~m thc Demised Premises. Such property may be removed and stored ~n a public warehouse or ¢lse,.'.he:e at th~ cost;of and for the account of LESSEE, all withoul service of notice or rtso,"l to legal pro~ess and without being deemed gu:ID' of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at Ils oplion termmale th~s [.ease after rece~pl by I.ESSEE of Ih~rly (30) days not,ce ,f a hen ~s flied agoras! the [e:,sehold mlcr~sl o1' Ibc L[~SSEE, ~nd nol removed w~lhm Ih~rly f.I[D duyx, pur~m, nl If LESSEE fa~ls to pay the rental amount or any addmonal charges wh~ duc to LESSOR as specified Lease, and )f sa~d amounts remain unpaid for mor~ than ~¢n (10) days past thc duc date, ~hc LESSEE shall pay LES la~c payment charge equal to five (5) ~rccnt o[any payment no~ pa~d promptly when duc. Any promptly when due shall also accrue com~undcd interests 1o two (2) ~rccnl ~r month or Iht h~Bhcst mltrcst ra allowed by Florida law, whichever ~s h~her, ~h~zh mteres~ s~all ~ pa:d by LESSEE Io LESSOR. LESSOR shall m no event ~ ch~r~cd w~th de~auh in the ~rfo~anc¢ of ~ny of ~ts obligations hereunder unless and until LESSOR shah have fm~led to ~rfo~ such obh~zuons w~in th~ (30) days (or such addmonal time rez~onably reqmrcd to co.ecl such dchult) after no~c¢ to LESSOR by LESSEE pro~r~y ~cffymg whereto LESSOR Ess fm~led ~o ~[o~ any such ~CLE 14, Any not,ce which LESSOR or LESSEE may be reqmred ~o gwe to thc mher pa~' shall be m %TI~IR~ ~O the pa~y a: the [o]lowm~ LESSOR: LESSEE: Board of Coun~ Commissioners P.a~ond C~w{ord c/o Real Prop¢~ M~mt. Dept, Rou~¢ 3 . Box 951 3]01 Tam~am~ Trat~ Easl 1~¢11c, Fior~da 33935 Naples, Florida 34112 Office of the CounD' Altomey O~fice o~ Cap~l Prwec~ Management ~CLE 15. ~ender of Pr:m~ LESSEE shall remove any ~mprovcments comp]ete~ by LESSEE prior to the ¢xp~raBon of th~s Lease and shall dehver up and su~:ndcr to LESSOR possessmn of t~¢ Demised Premises and any improv:mcnB nc: r~movcd upon ¢xp~ratmn of th:s Lease, or ~ts earhcr Ic~matmn as hercm provided, m as g~d condmon and repair as thcsame shh~ at thc commencement of the tern of th:s Lease or may have been put by LESSOR or LESSEE d;rm~ ~h~ conff [h¢r~of, ord:na~'wear and tear and damage by fire or the clements ~yond LESSEE'S control ~xc¢pt~d ARTICLE 16. ~~ LESSEE a~c¢s to contain ca~l¢ wl~hm the Demised Premises and prevent cattle from roaming offofthc Demised Pr~m~ses. LESSEE fully understands that thc ~hc¢ and law enforcement ~¢cun~ prot¢ct~on provided by law enforcement ag~nc:cs for Ibc above-referenced D¢mtscd Prcmascs ~s hm~t~d to flat provided to Shy other busmcs~ ot agency m Colh¢t Count, and ac~owlcdg¢s that any sp~c~al s~cur~t)' measures deemed nec¢ssa~' for addmonal Pr0t¢ct~on the Demised Pr~m~scs shaII be the ,o1~ responsibihD' and cost of LESSEE ~nd shall involve no cost or ex.nsc LESSOR. LESSEE ¢~pr~ssl)' a~es for ~ts¢If, Hs successor and ass~s, to refrain from any use of thc D~m~sed Prcm~scs which would interfere w~th or adv,rs¢ly aff~cl the op~rahon or maintenance of LESSOR'S s:andard operations where other operatmns share common fac~lmes. (a) Rtghts not s~c~fically granted thc LESSEE by this Lease arc hereby rescued to thc LESSOR. (bl LESSEE agrees ~o pay all sales mx ~m~scd on thc rental of the Demised Premises where apphcabl~ under law. (c) LESSEE a~¢~s to pay all mtangtblc ~rsonal pro~xy taxes that may ~ im~sed due to thc creation, by L¢as~, of a leasehold interest m ~h~ D¢m~¢d Premises or LESSEE'S ~sscssmn of sa~d I~asehold Demised Premises. ARTICLE 17. Environmental Concerns LESSEE rcpr¢scms, wa~ams and a~¢¢s to mdcmmfy, r¢~mburs¢, defend and hold ha~less LESSOR, from and against all costs (including s~tomeys fc¢s) assc~¢d against, ~mposcd on or mcu~¢d by LESSOR d~r¢ctly or indirectly DEC 0 8 19S8 pursuant Io or m conn¢clmn wHh the apphcauon of an)- federal, state, Jocal or cummon luv, r¢~umq: to polJuHun tn protecHun of thc environment. ARTICLE 18. Kadon Gas In comphancc wlth Section 404.056, Florida Statutes, all pomes are hereby made aware o£th¢ following: Radon is a naturally occurring radioactive gas that, when tt has accumulated in a building m sufficient quantiHes, may presort! health risks to persons who arc exposed to ~t over t:mc. ~vcls of radon ~hat cxcccd federal and state gmdchncs have bccn Found in buildings ~n Flor,da. AddmonaI into~atmon rcgardmB radon and radon tcsung may hc obtained ~rom your Counly Pubhc Hcahh Dcpa~mcnt. ARTICLE 19. Extent of Liens All ~rsons to whom these presents may come arc put upon notice of the fact that the mtercst of thc LESSOR m the Demised Premises shall not bc subjccl lo hens for improvements made by thc LESSEE, and hens for improvements marc by ~hc LESSEE arc spcc~fically prohibited from a~chmg to or ~commg a l~cn on thc ~ntcrcst of thc LESSOR m the Demised Prcm~sc~ or any pan of c~thcr. ~s noucc ~s gwc~ pursuant to the provisions of and m comphancc with Sccnon 713.10, Florida S~tutcs. AP. TICLE 20. Eff~'c~lvc Date 'l'h~s I.ca,,c ~hall become cffccuve upon execution by Ix~th LESSOR and LESSEE. ARTICLE 21. Th~s Lease shall bc go;'cmed and construed m accordance v.'~th the laws of thc State of Ftonda IN 9,qTNESS WHEREOF, thc pomes hcrcm have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: A~S[: DWIGHT E. BROCK, Clerk , Depug' Clerk BOARD OF COU,'t'."TY COMMISSIONERS COLLIER COL.'%"~', FLORIDA BAKEAI, L~, B. BERRY, Chairman AS TO LESSEE: DATED: ~ ' Wllq','ES S (signature) (pnnt name) . (pnnt name) RAYMOND CP~ V~TORD P~ '~'M U ~'D-C.~LA' 'FORD - Approved as to form and legal sufficiency: . Assistant County Attorney DEC 0 8 Exhibit 'A" P. age.__One of Two W1Lb-~,N, MILLER, BARTON & PEEK, IN'( Description of Liv~ngsLon Road being a part of Section 8 and 9, Township 48 Soulh, Range 27 East lying north of the noah right.of, way line of 43rd Avenue, NW., Collier County Flodd~ pan of Golden Gate Estates Unit 52, Pls~ Book 7, p~[c 92 and Golden Gate Eslatcs Unit Pl~t Book 7, P~tc 93. Collier County, Florida ~1 that p~n ofSccHon S nnd 9, Township 4~ South, Rinse 27 ~sl, ly~nt noah oFchc noah r[iht-oF-way llnc oF43rd Avenue, N,W. Collier Coumy, Fiorid~ and pan o~Gcldcn Gn~: ~'~' Unh 52, Pla[ Book 7, pate 92 and pan o~Oolden Gate Esla[¢s Unit S3, Plat Dock 7, ;~ic Public Records oF Collier Coumy. Florida bc~n[ morc panicul~Hy described as B¢tinning at H~c northwest corner of said S¢cHon 8, thence ~on~ lhe noah line ofsa~d SccHon 8 Noah ~'37'12" East 5213.54 fccc co thc corner of s~id Section 9, Ihcnce Ic~ving iht noah line of said Seclion ~ along lhe noah line afsaid Section 9, Noah 8~34'I~''~sl 1941.79feel ~hcncc IcnvJn~ said norlh llne of Sccllon 9 along thc bounda~ oflhos~ lands as dcs:nbcJ Book 170g, pages 1~78 in d~e [l~rcc (3) described courses. I)SouihOO'13'ST"Wes~ 133260 2) Southa~32'49'' Wcs164S.43 3) South 00'15'44" W~sl 1673 91 fe~t to a point on ~he noah ri~hpof.~as l~e ~f4~. · Avcnue. NW cfsaidGoldenGa~eEsta~esUnh S3, ' fl~encc slang said right-of, way llne South 8~4 I '45" West ~492.32 Feet [o lhe ~s~ Section S; thence slong said llne Noah 00"07'59" East 25~7.44 feet Io thc Point of ~eginn~ng herein descr bed; Subject Io cascmenls sad reslrictions afr~cord; Containin~ 435 ~9 ~cres more or less; Bearings are based on ~hc west llne ofSeclion 8 being Noah 00~07'59'' East. WILSON, MILLER, BARTON, and P~EK, INC. Regisiered Engineers and Land Su~cyors MJchad H. Max'*,eH, P.~.S, ~46~ ~-xhlbi t Pmge Two of Two EXECUTIVE SUMMARY AUTHORIZE PAYMENT OF AN URBAN FORESTRY GRANT (NO. 95-69) TO THE CITY OF MARCO ISLAND, AND AUTHORIZE LETTER STATING SAME TO THE FLORIDA DEPARTMENT OF A(JRICULTURE WITH CHAIRMAN'S SIGNATURE. _O~tJ_F,,f,~jY~: To obtain Board authorization to forward payment of an Urban Forestry' Grant to the City of Marco Island. and provide the Chairman's signature on a letter to the Florida Deparlment of Agriculturc, giving them authorizatJc)n to make thc grant payable to the City of Marco Island. CONSIDERATIONS: On April 23, 1996. the Board of County Commissioners entered into an Urban and Community Forestry Grant Menmrandum of At~reement with the State of Florida's Department of Agricuhure & Consumer Services. The fenner .'vlarco Island Beautification MSTU used this grant to subsidize the cost of planting Florida Royal palms in tile roadsides on the island side of the Judge S. S. Jolley Bridge (SR 95]). The Florida Royal palms '`verc planted in October 1996 and ,,','crc inspected by the Florida DcpartmcntofAgriculturconJunc23, 1997. }-towcvcr. w/thin fivc nlonths of that date, thcpalms died of palm blight. Payment of the grant was withheld, pending replanting of thc site v,,ith another species ofpah'n. The palms '`','crc replanted by thc City o£ Marco Island after thc dissolution of the Beautification MSTU. The Florida Department of Agriculture is no'`,.' ready to complete tile grant. That agency is aware of thc incorporation of the Cit.',' of Marco Island. and'has worked with thc City to bring c']osur¢ lo lhc Urban and Community Forestry Grant. That ngenc.v is of the opinion, and Transportation staff concurs, that tile payment of thc grant funds should be made directly to thc City of Marco Island. However, since the Board of County Commissioners is named as th~ Grantee on tile Memorandum of Agreement, a letter stating the transfer of'interest in this matter is needed. FISCAL IMPACT: Grant funds in thc arnount of 57,653.1 I. which would have been payable to the former Marco Island Beautification MSTU (Fund 131-162540). are now. under thc terms of tile incorporation of the Cit.,,,, of Marco Island, payable to the City. GROWTH MANAGEMENT IMPACT: None RECOMMENDA"I'ION: That tile Board of County Commissioners authorize payment of' Urban and Community Forestry, Grant #95-69 to the City of' Marco Island, and authorize the Chairman to sign a letter to the Florida Departn'mnt of Agriculture directing that agency to make the grant funds payable to the City of Marco Island. DEC Ii 8 1998 Executive Summary Marco Island Grant Page 2 Sheila Cot~'ery, S~crctary. l 57_........._.~,/")' REV'IEWED BY' '" ..~"Zvg~,':)'i"w; Edv~'ard J. Kant,,'P'E,;,STranSP°rtation Sen'ices Director Ed Ilschner~, Public Works Administrator DATE:i,- DATE://- z ~ -Yd S('~Ex Sum Marco island grant .doc 1998 John C. Noms Distnc! 1 James D. Carter, Ph.D. Distnct 2 Timothy J. Constant]ne District 3 Pamela S. Mac'Kie Oistnc( 4 Barbara B. Berry District 5 3301 East Tam,ami Tra~l, Naples. F!or=Ca 34 '. (94t) 774.8097 · Fax {94~j December 8.1998 Mr. James B. Harrell Florida Department of Agriculture & Consumer Services Division of Forcstrv 3125 Conner Blvd. C-25 Tallahassee. FL 32399-1650 SUBJECT: Urban and Communhv Forestry Grant .X;o. 95-69 Dear Mr. Harr¢iI' On December 8. 1998. the Collier Count',' Board of Count,.' Commissioners approved a staff recommendation to transfer our in{crest in the ab.'.vc-rcferenccd grant to the (_'it,,' of Marco Island. Please accept this letter as notification that an,.' and all .,_.,rant I;ands that ;veto applied for by thc Nlarco Island Beautification NISTL.'. under the auspices of thc Board of County Commissioners. are now payable to thc Cit;' of.".larco Island. $incerelv. Barbara B. Ben-,,'. Cbaimmn Collier Count,.' Board of County Commissioners [½B/sc/l.tr ~narco granl cc: Ed llschner. Public Works Administrator l-~d,.vard J. Karo. P.E.. Transportation Services Director FM CFA U&CF Mr. Edward J. Kant. DirecIor Collier County Transportation Services Department 3.301 East Tamiami Trail Naples. Florida 34112 Nm.'cmbcr 12. 1998 Dear ,',,Ir. Kant: This is in reference to conversations f have had ','. ith air..\ltd'mci, lcGec of McGee and Associates and :".Ir. Nora1 Treb/Icock office City of.'¥1arco Island regarding a i995 Gran~ Agrecmem ¢Contract) betv, een our Deparlmcnt anti Collier (;ountv to larlebcapc thc Juduc S. ~..k,Ilcy Bridge causcv, a,. ,.~ ith pahns. As background, this is L;rban and Communit`.. I:orcsm. Grant .\lemorandurn of Aurecmcru No. 95-69 (FDACS Contract No. 3232). effective/'.,pill 23. l 9t),q throu,/h Scmcmher 30. 1997 (cop~ attached 1. Collier County plamcd 38 Royal Pah'ns on th~: causc:vav and these v,'~")e in}petted and approved i~,.' our local Ibrcster on June 23. 1997. }towever. by the date that tt~e cot,'lly requested reimbursement (I 1/25,:97). the palms had died. Our agency subsccmentlv'v,'ithi~dd pa,.'ment pcndirw replanting nfthe site ;,. ith another species ot'pah'n. This I t:ad previously di.~cuss~d with .\Ir. \:al Prince of3 our office. The pahns have no,.,, been rcpbced ,.vilh Green .\lala','an Coconut Pahns by tt~e Cit.,.' of,Marco Island which has in the interim been incorporated and is by legislai/:e action to be the recipient of'existing active contracts Itqat ','.ere ,,`.ith Collier County Go,.crnment. In licht o1' l/tis. I ,.'.ould like to pre?cecal ','.izh a reimbursement to the City of .Marco Island. ~ it v,'ould f:~cilitate our proccssinlz of this payment if I could receive :~ Ii'tier from )'our office referencing Urban and Communir,' Fores,ti,,' Grant No. 95-69 {FDACS Contract 3232) and authorizing payment to be made m lhe CJW of:Marco I~land. Please feel free to telephone me at 850/414-9912 ifyou have an.', questions. Sincerely. BOB CRAWFORI) /~"O~I.'HISSIONER OF AGRIC~L'I.TL'RE /Jan'/es g. t larrell C~.X Supervisor "~ivision of Forestry JBH:hs Attachment cc: Norm Trebil¢ock. City of Marco Island Fresh ~EXECUTIVE SUMMARY ADJUST WATER MANAGEMENT CIP BUDGET (FUND 325) TO REFLECT REVISIONS IN CAPITAL PROGRAM. _OBJECTIVE: To obtain approval of adjustments to the Stormwater ManaGement Capital Fund 325 to reflect revised estimates of revenues, car-o, forward, project costs and budgeting of new projects for Fiscal Year 98/99. CONS._[ID__[ERA____T__IONS: Since preparation of the FY 99 Budget, there have been several revisions to the Stormwater Management Capital Program that require adjustments to individual projects. The significant adjustments to the budgets are as follows: A. The following are previously Board of County Commissioner approved projects that, due to unforeseen conditions, require additional funding: 1) Haldema~z,'Rock Creek M'apping Project Cost Center No. 172960 Project No. 31010 This S40,000 mapping project was included in the FY 97/98 Budget but was not encumbered late in the .','ear as anticipated. It is therefore being carried forward to FY 98/99. 2) Imperial West/FPL Ditch Enclosure Project · Cost Center No. 172972 · Project No. 31203 This $486.200 ditch enclosure project has now been completed and due to several quantity underruns, the total construction contract can be reduced by $58,100. Including some support sen, ices and necessarv landscaping cost, the net decrease to the project is 51.400. 3) Gateway/Kirkwood Ave. Ext. Storm Drain · Cost Center No. 172984 · Project No. 31803 This storm drain extension project in the flood prone area of the Gateway Triangle is read>, for the construction phase upon receipt of 2 drainage easements. Additional funds in the amount of $18,000 are necessary for support services during the construction period. 8(1 o~ Executive Summary "CIP 325 Fund-Capital Program" Page 2 4) Sperling Courl Drain · Cost Center No. 17298'/' · Project No. 31302 The contract with Kyle Construction Co. for the installation of this storm drain was approved by the Board on 11/24/98. An additional $9,500 will be necessaD' for support sen'ices during the construction phase. 5) Several other previously approved projects require intemat re-allocation of funds within the cost center with no net change in the project costs. Thc follov,'ing arc NEW projects that have not been previously approved for funding, but, due to emerging conditions, funding is now needed: I) Gordon River Ext. Basin Study · Cosl Center No. 172921 · Project No. 31005 An opportunity exists to purchase the last remaining empty lot along the east bank of the Gordon River Ext. within the Forest Lakes Subdivision. Purchasing the lot on the west end of Kelp Lane would provide for a future contractors access to the canal and a temporary staging area during the potential construction phase. This could significantly reduce the cost of construction in this canal reach due to easy access bv the Contracto;. It is estimated that the lot could be purchased for $50,000 anci, if not needed for future maintenance access, resold to recover the County's investment. 2) Barton River/SR-29 Canal Culverts · Cost Center No. 172951 · Project No. 31701 Seven culvert crossings on the Barron River/SR-29 Canal were replaced recently as part of the overall plan to improve this major outfall ser~'ing the lmmokalee area. Recent rainfall from Tropical Storm "Mitch" however caused a unexpected stormwater flow backup at the north entrance to the Farm Workers Village (BRN-00-S0240). The head loss through the existing culverts was substantial and pointed out the need to also upgrade this culvert crossing at an estimated cost of $45,000. In addition, the south headwall for the Jack Price Crossing (BRN-00-S0130) is in a state of failure and needs to be replaced on a firmer foundation at an estimated cost of $5,000. Total SR-29 Canal culvert work including support services is estimated at $62.500. DEC 0.8 1998 PG. Executive SummaD' "CIP 325 Fund-Capital Program" Page 3 3) Gateway Triangle Stormwater Master Plan Cost Center No. 172989 Project No. 31803 Implementation of the Stormv,'ater Master Plan Ahemative No. 2 has been put on hold due to the difficulty in obtaining control of proposed Pond Sites No. I and 2. Another pond site opportunity however is presently being investigated on a vacant 3 acre parcel on the north end of Pelton Avenue. It is anticipated that this much needed stormwater detention/retention pond site could be purchased for $153.000. The Real Property Management Department is currently exploring the possibility of' purchasing this parcel and if their efforts are successful, an Executive Summary' will be prepared for the Boards review and possible approval of this lot purchase, The cost of purchasing tile lot can be offset bra reduction of $70,000 in proposed Engineering Fees for this project and a 583.000 expenditure from Fund 325 resep,'es/carry forward. 4) }'alto Street Out£all Ditch ° Cost Center No. 172990 · Project No. 31804 This proposed ne,.,,' project in the area adjacent to the Gateway Triangle comes as a '. result of attempting to solve a long-term drainage problem in the Washington Avenue/Spruce Street area. A $5.000 Feasibility Stud,., is currently unde~vav to determine the possible solutions to this problem, ¢otenti~l environmental issues'and estimated project cost. Once this information is nvailable, an Executive Summary will be prepared for the Board review and possible approval of this drainage improvement project which at this time is estimated to cost $60.000. C. Revenues Increases - Estimated Fund 325 revenues can be increased as follows: I) Haldeman/Rock Creek blapping Project · Cost Center No. 172960 · ProjectNo. 31010 Proposed mapping in this area of East Naples is being done in anticipation of future Master Plan Studies of the Haldeman Creek and Rock Creek Basins. The City Naples has indicated an interest in expanding the mapping area along the County/City boundary at a estimated cost of $10,000 which would be borne bv the City. A cost- sharing arrangement for this $10,000 revenue from the City is in th~ process. DEC 0 8 1998 Executive Summary "CIP 325 Fund-Capital Program" Page 4 2) Lely Outfall Canal ,, Cost Center No. 172977 · ProjectNo. 31101 in An existing cost-sharing agreement is in place for the Big Cypress Basin/SFWMD to share in the cost of the Lely Canal Phase I Engineering Design Contract. The $60,000 anticipated revenues from the BCB is not currently reflected in the Fund 325 Budget. CarD.' Forward · Cost Center No. 919010 A preliminary estimate of the Fund 325 carry' forward from FY 97/98 into FY 98/99 indicates that an additional $260,000 of carry forward from incomplete projects can be expected. This figure will be firmed up later during the annual carry forward audit by the Finance Dept. D. Reserves · Cost Center No. 919010 The resulting revenues versus expenditures indicates that Reserves for Capital Outlay can be increased by $107,400 which could be used in the remainder of FY 98/99 for other unanticipated projects costs that may arise. FISCAL IMPACT: The above described adjustments to Stormwater Management CIP Fund 325 are summarized as follows: 1) Net increase in anticipated revenues = + $330,000 2) Net increase to previously approved projects = + $17,100 3) Net increase due to proposed expenditures of new projects not previously approved = + $205,500 Net result to Fund 325 = $107,400 increase in Reserves for Capital Outlay DEC 0 8 19 8 Executive Summary "CIP 325 Fund-Capital Program" Page 5 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count,,,' Commissioners approve the adjustments to Stormwater Management Capital Fund 325, and authorize staff to process the appropriate budget amendment to implement the proposed adjustments as described in the Considerations above. PREPARED BY: Stormwater Management Director Date REVIEWED BY: Ed Ilschner Public Works Administrator Date JHB/mts Doc: CIP 325 ADJ. - EX SUMM. 13 E C 0 8 I~8 EXECUTIVE SUMMARY Approval of Bid 98-2889, Site Work at Water Department's Maintenance Building OBJECTIVE: To obtain approval of Bid 98-2889 £or site development work needed prior to thc construction of the Dcpanmcnt's Maintenance Building. CONSIDERATION: In that the funding for this project has been given prior budgetary approval, and thc vendor Suashine Excavators Inc.. has participated in, and been designated low bidder on Bid 98-2889, it is our intent to award contract to Sunshine Excavators Inc. for services rendered per specification. FISCAl., IMPAC'I~': Thc fiscal impact £or this bkff98-2889) is in the approval of a purchase order according to the base bid ($33,3,16.00) per specification, one alternate for parcel clearing ($1400.00), a second alternate for asphahJng ($ I0,448.00), with a deduct offo£ the base bid for no middle island installation (-$665.00). Total cost is $44,529.00. Funds for these services arc available in Water Capital Fund - \Valet Capital Projects - Maintenance BuildMg Project (412-273511-70036). ._(;ROWTtl MA,~'A___(_JI';M[NT IMPACT: Norm RECON_.IMENi)__ATI(__)N: That the Board oFCountv Commissioners approve tl~c award of'Bid 98-2889 fi)r site c!cvelopment in thc amount oi:$44,529.00. ~nO EXECUTIVE APPROVE AMENDMENT SIX (6) TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES RELATED TO hVIPROVEMENTS AT THE SOUTH COUNTY WATER RECLAMATION [' "' ~ 'ACILII5. RFP 93-21'~1, PR. OJECT 73053 ~ That lhe Board of County Commissioners, as lhe Ex-Officio Governing Board of the Collier County' Water-Sewer District, approve an amendment to a professional services agreement to provide continuing sen'ices related to administering our state revolving fund loan. CONSIDERATIONS1 An Amendment for Professional Services Agreement has been prepared to continue services related to adminislralion of our state revolvin~ fired loan for improvements to our 8-mgd South County Water Reclamation Facility (SC\~RF). Services to be provided arc consistent w/th our March 15. 1994 professional sen'ices agreement with Hole, Montes & Associates, Inc. On October 22, 1996, the Board adopted a resolution approving final application for a state revolving fumt loan in thc amount ofS14.7 mill/on lbr Phase I improvements at thc SCWRF. On January 28, 1997. thc Board approved Amendment Five (5) for initial services related to administration of our sta~c revolving fired loan. The consullanl's performance in the administration of the loan through the construction period has been satisthctorv. Additional administration services are needed to continue assistance ,aith thc State Revolving Fund pro,ram rcqt;[rements through project close-out and audit. Our consuhanl proposes to continue to subcontract this work to Angle Brewer & Associates, who specialize in assisting municipalities with funding for public works programs. Total consultant fees and expenses associated with Amendment Five (5) for administration and coordination of our state revolving fund loan for the SCWRF Phase I improvements arc S6,.o()8. cost-not.to.exceed based Onl/me and rehnbursableexpenses. A summary of tolal fees approved and proposed arc as Follows: Original Agreement 247.000 Amendmer~t I 322.700 Amendment 2 582.000 Amendment 3 218.000 Amendment 4 2,016,000 Amendment 5 62,308 Amend. 6 (proposed) 4l .388 Total S. ,489..~96 Scope of Scrvicgs Preliminary Report. Conditional Use Design Report. Disinfection Design Deep Injection \Veil Reuse Master Plan. Lakcwood Design \VWTF design, permits, bid and construct SRF Coordination and Administration Post-construction SRF Administration HOLE, MONTES & ASSOCIATES, INC, ENGINEEF:S PLA~J;IERS SURVEYORS October 29, 1998 Karl Boyer, P.E. Collier Count,,' P",VED 3301 E. Tamiami 'Frail, Bid,=, D Naples. Florida 34112 Re: Collier Count,,' SR\\'\VTF Contract II HM,.\ File No. 93.134,Xl Dear Karl: We arc submitting a request for an amendment to our contract on the above referenced project to add thc work associated with thc continualion o!' assistance with thc State t;',c',.'ol',.'ing Fund Loan program requirements through project close out and audit. The amendment shows using .,\ngic Brewer & ..\ssociatcs. Inc. for thc bulk of the work under this requirement. \\'ork under this amendment will consist of process of reimbursement requests to thc state, monitoring of the \VBF./.X. IBE requirements, process change orders with FDEP. meetings with staff, assistance in maintenance of the files, finance account reconciliation. assistance with project closeout and audit activities. These services \,.'ere discussed with Ed Finn at the beginning of thc SRF process and it ,,,,'as decided a: that time to process tile SRF portion of this contract in txvo phases. This contract amendment is tbr the previousl,', anticipated work efl'o~ that ,.~as not included in thc budget for contract amendment no. 5. \Ve propose to do the ,.vork on a 'lime & .Xlatcrials basis with thc follo~,.ing estimate of our fees' SRF .Nlanagement (AB..\) 5% markup by H.",l.,\ Total subconsuhant work $36.000.00 S 1.800.00 S37.800.00 HMA, Portion Coordi~r~tion meetDhg.¥ E5 - 32 hfs x $99.00/hr T3 - 12 hrs x $35.00/hr I-tMA Portion Total Total Amendment Amount S3.168.00 S420.00 S3.588.00 S41 ,_.,88.00 PC,. Karl Boyer, P,E. PWED lIMA I:i1¢ No. 93.134R October 28, 1995 Page 2 We have enclosed copies of ABA's breakdown for ','our review. It' you have any questions, please let me know and wecan discuss them. ,,\Iso enclosed is acops'ofth~ contract amendment for .,,'our review. - Very truly .','ours. Hole. Montes & Associates. Inc. Ronald I5. t3enson. ,Jr.. Ph.D.. P.[!. \,"ice President, Director of Environmental Engineering REB:nsl Enclosures W:\199Y, I 99313-1 Rob lgrt8 ] 028-k b-h," duc SOUTI1 COUNTY RI:'.GIONAL WASTEWATER TREATMENT PI.,,XN'F EXPANSION ,,\.Xl ENI)~I ENT TO I~I~,OFESSIONAL SERVICES AG REEM ENT This Amendment No. 6 to lhe Agreement dated March 15. 1994 (hereinafter "AGR.EEMENT') is made and entered into this da,,,' of 199,q. by and bctwccn thc Board of County Commissioners for C[qlier County. Florida. a polhical subdivision of thc State of Florida and Governing Board of tine Collier County \\"atcr-Sev.'cr District (hereinafter referred to as thc 'O",\~ER.") and Hole. Montes 8: Associates. Inc.. a Florida corporation, authorized to do business in the State of Florida ',,,'hose busincss address is '715 Tenth Street Somh. P.O. Box 1.586. Naples. Florida 34106 (hereinafter rcl'errcd to as thc "CONSULTANT"). \VI 'l'N E S S E TIt \VHERE..\S. O\VNER and CONSUI..T..\NT currently have a valid professional services agreement for thc provision of professional services for t}'~c Sout}'~ County Regional \Vastc~,,atc'r Treatment Plar~t Expar~sion (hereinafter referred to as "PROJIiCT"). said service:; more frill',' described in said :\GREENIENT: and \VI IERE..\S. O\".'NER and CONSULTANT a-ree= some modii]cations to the services being contemplated under said AGREEMENT are necessau': and \VI-IERIL.\S. CONSULT:-\NT represents that he has the expertise and the type elTM professional services that will be required for completion of the project. NOW. TItEREFOI4. E. in consideration of the mutual co,.'enar~ts and provisions contained herein, parties agree as follows: :\RTIC[.E ONE l.l. CONSUL'[',4NT shall provide to O\VN[.:.R professionnl engineerin~ services in ;.ill phases c,f the project to which this ..\mendment applies. 1.2 CONSULT.,\NT shall provide professional services in addition to those as outlined in said AGREENIENT as noted in Schedule .-\ of this Amendment. as attached hereto. ARTICLE T\VO 2.1 O\\~ER agrees to compensate CONSULTANT for services rendered hereunder as~ prescribed in Schedule B. entitled "Basis of Compensation", as outlined in said .,\GREEMENT with the modifications to Attachments A and C to said AGREE.",IENT which are attached hereto - 1 1998 ARTICI.E TI IREE 3.1 Thc schedule for said Project, shall be as shown in saM agreement v,'ith rnodit'ications as shov,'n in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGP,.EEMENT, as amended, shall rcmair~ in full force and cfi'cot, and shall not be modified bv this Amendment. IN \VI'I.~[:SS \\,'ttEREOF. the panics hereto have executed this An'~cndrncnt to Professional Se~'ices Agreement for professional engineering services for thc .$omh County Regional \Vastewater Treatment Plant Expansion the da',' and ,,'ear first ,.witten above. ATTFST: BOARD OF COUNTY CO.M.XlISSIONEI~,S FOP, COLLIER COUNTY. FLOR. ID:\. A POI.ITICA[. SUBDIVISION OF 'I'tlt.~ S'I',,\TI! OF FI.ORIDA AND AS EX.OFFICIO 'FILE GOVERNING [~O.-\R.[) OF Till! ('OI.I.II!R CO[~Nl"'f \VATtiR- SEWER DISTRICT. Clerk Chairperson Approved as to form and legal suflYcicncy: Assistant Count>' Attorney' itO[,E. !',,iONTF. S & ASSOCI..XTFS. INC. \Vimess Witness Ronald E. Benson. Jr.. I'h.D.. Vice President (CORPOIL,\TE SEAl_) - 2 - I SUPPLEMENT NO. 6 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 93.134 This serves as a supplement and clarification of Schedule ..\. Scope of Services as provided in thc Professional Services Agreement dated March 15. 1994. This project amendment consists o£ the ,.vork that is nccessars' to assist the County v.'ith SKI": Management for the South Count,',' Regional Waste,.vatcr Treatment Facility. Thc scope oF scr',.'ices is described as follows: Addition:il Ser~'ices Thc follov.'ing additional ser~'ices are to be provided under this ..\mendment according to thc terms outlincd in the AGREEMENT FDEP SRF .',,.lana~ement - This sen'ice includes Extension of the work authorized in Amendment No. 5 for a period of five months beyond the initial construction period previously aumorlzcd and through the final SRF project audit. X: \93134',SCO~-" ,5:'5~-E.;-::4 D E. C C', 8 19 8 F'C;. 7 SCtlEDULE B - ATTACItMENT A Amendment No. 6 SCIIEDUI,E OF FEES FOR B,\SIC SERVICI-~S CUFFen! Budget Amendment No. 6 PHASE II-A WWTP Disinfection System A.2 Desiv. n Report A.3 Preliminary Design A.4 Final Design A.5 Bidding Services A.6 Contract Administration S2.800 S10.300 S3.900 51.600 S9.700 52.800 SI0,300 S3.900 51,600 S9,700 I'IIASE II-A Royal Pains Irrigation l'ump System A.2 A.3 A.4 A.5 A.6 Design Report Preliminars.' Design Final Design Bidding Services Contract Administration S500 S5.600 51.600 [3,.. Owner Bv O,.x ncr S50O S5.6oo 51.6oo Bx. Owner Bx' Owner PHASE II-A WWTP Design A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services A.5.1 Reclaimed Water PS;Elec Bldg - Equipment ,-\.5.2 Reclaimed V,'ater PC 'Elec Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed \V'ater PS/Elec Bldg - Equipment A.6.2 Reclaimed \Vater PS/Elec Bldg - Construction A.6.3 Phase I Improvements X: \ 9 31 3 4 "...q CO~ g \ 5 7G ;.. -" $219.000 5750.000 5150.000 $10.000 515.ooo 530.000 $20.000 S120.000 5355.000 $219,000 S750.000 S150,000 510.000 S15:000 S30,000 S20,000 5120.000 S355,000 - '1 - DEC 0 8 1. g8 PIIASE iI-C A.2 A.3 A.4 A.5 A.6 PHASE II-D A.2 A.3 A.4 A.5 A.6 I;tECLAIMEI) WATER SYSTE~I UPGI;IAI)ES TO SI'iR",'E I. AKEWOOI)~ Design Report Preliminar3.' Design Final Design Bidding Services Contract Administration 59.000 $9.000 $52.000 $52,000 $24.000 S24.000 $6.000 56.000 $38,000 $38,000 EFFLUENT STORAGE EXPANSION Design Report Preliminm3.' Design Final Design Bidding Ser','ices Contract Administration To Be I)ctennincd To Be Determined To Be DeterTnined To Be Determined To 13e Determined I'o Be Determined To Be Determined To Be Detem'dned 'Fo Be Determined To Be Determined X: \.93; 34\SCO;:E\STL?-£.l'.244 SCItEDULE B- ATTACttMENT C Amendment No. 6 CONSUI,TANT'S ESTIMATE OF ADDITIONAl. SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase 1 A.1 Pretiminao' Services A.I.I Prelimina.D' Engineering Report A.I .2 Review of Odor Control A.1,3 Review of Effl. Disinfection A.1.4 Capacity Analysis Report A.1,5 Conditional UseApplic. A.I.6 Odor Control Committee PhaselI-A WV,,'TPDisinfectionSvstem A.7 Detailed Observation PhaselI-A Roval Palm lrrigation Pump Station A.7 Detailed Observation Phasell-A WWTPDesign A.7 Detailed Observation A.7.1 Reclaimed \",'ater PS/Elec Bldg - Construction A.7.2 Phase I Improvements Current Budget S 172.000 Incl. Above Incl. Above 5I 5.000 535.0O0 535.000 S3.700 Bv.Ov,'ncr S90.000 5265.000 Amendment No. 6 $172.000 Incl. Above Incl. Above $15,000 S35.000 $35,000 S3.700 By Owner S90.000 S265.000 - 1 DEC o 8 1.9 8, Phase II-B Deep Injection Well A.8 Data Review and System A.9 Design and Construction Permit Applications A.ga Add 2nd Deep Well Design & Permitting A.10 Well Construction Observation and Testing A.I I Report A.12 Operating Permit Application $43,000 $90.000 $25,000 $370,000 S36,000 Slg.000 Phase II-C Reclaimed Water System Upgrades to Ser,,'e Lakewood $43.000 590.000 525.000 S~70.00) $36.000 S18.00o A. 13 Detailed Observation S 16.000 S 16.000 "~ S22.000 A.14 S u~'e.vi ng,'Tasemcnts Sz_.000 A.I 5 Pcm'fitting 56.000 56.000 A.16 Startup Assistance 55,000 55.000 Phasell-D Effluent Storage Expansion To Be Determined 'I'o Be Determined 'I'o Be Determined To Be Dctem'fincd A. 17 Detailed Observation A.I 8 Surveying;Easements A. 19 Pem'~itting A.20 Startup Assistance Additional Sen'ices S30.000 S30.000 S75.000 SlO.000 52.000 S15.000 540.000 550.000 535.000 S8.000 $10.000 S62.308 Surveying Permitting/Approvals Reuse ix, laster Plan Reimbursable Expenses Gcotechnical Site Investigation Progress Photos Startup Assistance O&M NlanuaI Operntional Support Services ",VarranU' Inspection FDEP Operation Permit FDEP SRF Management 'I'o [3e Determined To Be Determined To [3e Determined To [3c I)ctcrmincd $30.00O $30,000 $75,000 $I0.000 52.000 515,000 S40,000 550.000 535.000 S8.000 SI0.000 $103.696 - 2 - ! DEC: 0 8 1%°8 /l SCltEDU1.E C Amendment No. 6 PROJECT SCHEDULE Preliminary Engineering Report Conditional Use Application Capacity Analysis l~,cport Odor Advisoo' Panel WWTP Disinfection Svstem Design Report Preliminar2,' Design Final Design Bid Services Construction Contract Admin. Detailed Observation Permitting/Approvals Royal Palm Irrigation Pump System Design Report Preliminao' Design Final Design Permitting/Approvals W'WTI' Design Report PreliminaD' Draft Report Final [)raft Report Final Report Reuse Blaster Plan Preliminary Draft Report Final Draft Report Final Report Complete Complete Cornplctc ©n-going C'ompletc Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete C'omplctc Complete Complete Complete W: \19)3 ~,1 9 ~3 13 4'xSCOPE\;.f~.E:;Dg. ECsC Dccp Injection Well Data Review & Design Analysis Design 8.: Construction Permit App]. Well Construction Testing Repons Operating Permit Appl, Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Stanup Assistance Effluent Storage Expansion Design Report Preliminars' Design Final Design Bid Services Construction Contract Admin. Detailed Observation S ur~'e.ving/Easements Permitting Startup Assistance WWTP Design Preliminar.v Design Reclaimed Water PS/Elec Bldg Phase I Improvements Final Design Reclaimed \Vatcr PS/Elec Bldg Phase I Improvements Su~'eying Geotechnical Site Investigation Complete Complete Complete Complete Ongoing Complete Complete Complete Complete Ongoing Ongoing Complete Complete Ongoing To Be Detern'nned To Be Determined To Be Determtncd To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Complete Complete Complete Complete Complete Complete ',':: \1552. t,.(ot r*i.,a .II &l.¥" ~,,\ 1.2' I' 0 8 lo°:,8 WWTP Construction Phase Scm'ices Bid Services Reclaimed Water PS/Elcc Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Detailed Observation Reclaimed \Vater PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS,Elec Bldg Phase I Improvements Completc Complete Complete Ongoing Complete Ongoing Ongoing On?ing - 3 DE C 0 8 19.,°8 _ PG..~ /¢ 6; 1/98 Angle Bf'ewer C Associates 910~ 58th Drive last Suite 101 Bradenton, Florida ~202 PROPOSAL Chen~ Hole, Montes & Associates Collier County Public Works Dept. t # 102-005-12,~I County SRF Construction Completion -(Add'l 5 months) Project Closeout & Project Audit t Total Hours To Date % Complete Rate ' Total Consul:ant 78, 000 0% 44 50 S 3.47100 Projec:Manager 163 0.00 0% 18.69 S 3.046 06 Projec~Coordmator 269 000 0% 17 40 $ 4680 60 ClericalFFechmcal 98 000 0% 13 89 S 1.35240 Clerical 114 000 0% 12 85 S 1.442 10 I 608I C 001 05'-..I I$ 13.992 16 Basic Fee x 1.19 1195~[ Overhead $ 16 650 67 'Rate Covers Period tr",ru Decembe, 1999 Other D,rect Casts /-.::us' Rate To;a: I Csmpu[er2 Other PC ~$6 I, ~, 0'2 E00 00 Miles ~ 29ea [ z12:f r 29 ~,ic¢- 25 Supohes. Phone. Fax. M~sce'.la~ecus [ 252'~ ' C0 250 00 OOC Subtota'~ [ S 20.46 25 ] Costs $ 32.689 09 I Costs@ 10% Pr$flt '":':.,,. ~¢ 3,258 91 ITotal Proposal S 35,957.99 Angie R. Bre/¢er, Owner Page 1 EC O 8 ; /.'- Pr,n: ,qa:e Mon Colher Coumt SRF Loan Program 102.005 Task Name 1 ABA SRF Loan Program Management Task Listing 0% Construction Completion (Additional 5 Months) 0% Contractor Pay Estimates 0% Review & Allocation ot Pay Estimate 0% 10 16 Review of Allocated Pay Estimate 0% Approval & Signature of Pay Estimate 0% 22 Transmittal of Pay Estimate 29 Prep for Disbursement Request 35 41 47 53 Review Disbursement Request Approval 8, Signature of Request Transmittal of Reques{ ~';;~jra'i~l' J~a;,J~'ge,~;nt Meeti"gs th;'u Closeout (10) O% 0% 0% 0:,% Post-Construction Monitoring Program Closeout Activities Final Amendment Documentation 77 : Final Disbursement Request 0%: 82 i SRF Project Audit 0',~ ! An..3,e Erewer & Associates I of I EXECUTIVE SUMMARY APPROVE A RESOLUTION IDENTIFYING THE PLEDGED REVENUES AND AUTHORIZING THE PUBLIC WORKS ADMINISIRATOR TO EXECUTE ANY STATE REVOLVING FUND LOAN AMENDMENTS. OBJECTIVE: That the Board of County Commissioners. as the Ex-Officio Governing Board .of tile Collier County Water-Sewer District, approve a resolution correcting, modifying and superseding Resolution No. 97-297, by correcting the revenues pledged by the Collier Count.,,' Water & Sewer District (CCWSD) as security for the North County Regional Wastewater Treatment Facility ('NCRWWTF) State Revolving Fund (SRF) loan. The resolution also grants the Public Works (PW) Administrator authority to execute Iht SRF agreement, as well as future a~nendment(s) to the agreement. CONSIDERATIONS: On July 22, 1997, the Board approved Resolution No. 97-297, authorizing the CCWSD to apply for SRF funding for tile NCRWWTF expansion, specifying pledged revenues, authorizing the PW Administrator to execute tile SRF loan agreement, and establishing the legal authority lo borrow SRF moneys. On Oct. 6, 1998, item 8(B)(1), the Board approved the application for this SRF loan arid authorized the PW Administrator to execute the final loan agreement. This Executive Summary is attached as exhibit 2 'for infi:~rmational purposes. To be consistent with the 201 Wastewater Facilities Plan language, the State is requiring tile Count)' to revise the pledged revenues as stated in Resolution 97-297 from "sewer system user fees" to "water and sewer system net revenues plus system development fees and special assessments from the CCWSD". To facilitate administralion of tile loan. the proposed resolution authorizes tile PW Administrator to execute amendment(s) to the SRF loan agreement after approval bv the Coumy Attorney. FISCAL IMPACT: 'File change to "pledged revenue sources" is consistent with the two previous SRF loans and all other non-assessment CCWSD bonds. GROWTH MANAGEMENT IMPACT: The expansion of the NWWTF is consistent with the Grox~lh Management Plan and tile 201 Wastewater Facilities Plan. RECOMMENDATIONS: That the Board of County Commissioners. as the Ex-Officio Governing Board of the Collier Count?' Water-Sewer District, adopt the auached Resolution which modifies and supersedes Resolution 97-297. S~~:~ibcountant ~~Ul~ork; Operations Director z - ~d ~scl{n~?Public Works Administrator ' OEC 0 8 1998 Exhibit 1 ; RESOLUTION NO, 98. 2 3 RESOLUTION NO. CWS -98- 4 5 A RESOI.IjTION CORRECTING. MODIFYING AND SUPERSEDING ~, RESOI.UTION NO. 97-297 (ALSO ENTITLED RESOLUTION NO. ~ CWS NO. 97-4) BY CORRECTINf; SEC'rlC)N TWC) TIIF. REOF TO ~, AFFIRM 'I IIA'[ '1 lie RF. VENUI._S I'LED(JED 115' TItF., COUN'I'Y'S 9 WATER-SEWER DISTRICT AS SECURITY FOR TIlE I.OAN I0 AGREEMENT ARE NO'[ LIMITED TO THE SEWER SYSTEM USER 11 FEES FROM T}IE COLLIEP, COUNTY WATF. R-SEWER DISTRICT, 12 BUT COMPRISE WATER AND SEWER SYSTEM NET REVENUES, 13 PLUS SYSTEM DEVELOPMENT FEES AN[) SPECIAL la ASSESSMENTS FROM 'DiE WATER SYSTI£M AND THE SEWER ;5 SYSTEM; ALSO NIODIFYING SECTION FOUR THEREOF TO 16 AU'DtORIZE THE DIVISION ADMINISTR2\'rOR OF 'File 17 COUNTY'S PUBLIC WORKS DIVISION TO EXECUTE NOT ONLY ~, Tile INrrIAL AGRtilhMENT. BUT ALSO AMENI)MENTFI TO TItAT ~9 AGREEMENT: REPEALING AND SUPERSEDING ILESOLUTION 20 NO. 97-297 (ALSO EN'FITLED RESOI.UTION NO. CWS 97-,1). 21 22 W} IEREAS. Florida ,5'late/res provide far loans lo local government agencies to finance 2.: thc construction of water pollution control facilities, and 24 W}tEREAS, the Flor/da Administrative Code requires authorizmion to apply for loans, to 25 establish pledged re'.enues, to designate an aulhorized rcprcscnlat:','e, and Io provide the 25 assuranczs of compliance with loan program requirements; and 27 \VIIERE,.\S. the ltoard of Cotmty Commissioners of Collicr County, Florida. a.~ [:x- 28 Officio thc Governing Board of the Collier County Water-Sea'er t)istnct. :,.'ill enter into a 29 binding State Revolving Fund Loan Agreement ("l.oan Agreement"} with the Florida 20 Department of En',,'ironmental Protection for project funding: and 31 V','ttEREAS. cffecli,,'e July 22, 1997. to effectuate thc subject Loan Agreement, the Board .=2 of County Commissioners adopted Resolmion No. 97-297 (also entitled Resolution No. 33 97-4). and; 3.: \\'}tEREAS, said former Resolution authorized application for a state revolt'lng fund 35 loan, provided assurances, established pledged revenues limited Io the Water-Sewer District's 3(, sewer system user fees. designated an authorized representative, authorized lhe Lmm Agreement,' 37 and established authority to undertake the Project; and 38 WIIEREAS, Flortda Statutes provide for loans to k)cal government agencies to finance 39 the construction of water pollution control facilities, and 40 WHEREAS, the Florida Administrative Code requires authorization to apply for loans, 41 establish pledged revenues, to designate an authorized representative, and to provide the 42 assurances of compliance with loan program requirements; and 43 WHEREAS. thc Board of County Commissioners hereby amends Section 2 of the former ,a Resolution to acknowledge that the Collier County Water-Sewer District. as security for thc Loan ,~.q Agreement, pledges not only the District's sewer system user fees, but all net revenues of the 46 water and sewer systems, plus system development fees and special assessments from both the ,17 water system and the sewer system; and I V,'iiEJLEAS, thc prior Resolution authorizcd the Division Administrator of the County's : Public \Vorks I')ivision to execute the [man Agreement, but not to cxccutc amendments thcrclo; 3 and 4 WHEREAS, the Board of County Commissioners hereby amends Section 4 of tile fenner 5 Resolution to authorize the Division Administrator of the Counly's Public Works Division. on 6 the County's behalf, Io execute the Agreement as well as future amendments thereto; and '/ ".\'I'tEREAS, this Resolution, with the specified amendments, repeals and supersedes the 8 former Resolution, 9 NOW. TI-IEREFORE, BE IT RESOLVED BY T}IE BOARD OF COUNTY lo COM.MISS1ONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TIIE It GOVERN'lNG BOARD OF THE COLLIER COUNT\' WATER-SEWER DISTRICT, that: 12 .Section..l. The Board of Count5' Commissioners of Collier Count>', Florida, as Ex- 13 Officio the Govc,'-ning Board ofthe Collier Count.',' V,'atcr-Scv,'cr District, ha.s applied for a loan la to finance tile subject Project. 15 $~clio. a.2. The revenues pledged for the repayment of the loan cons/sl of 16 re;'cnucs, system development fees, and special assessments from the scv.'cr system and the v,'atcr 17 system of the Collier Count>' \Vater-Se;vcr District. I$ .5~tion 3. Thc Collier Coumy Public Works Division Administrator is the County's 19 authorized representative to provide the asst, ranccs and commitments required by the loan 20 application and the Loan Agreement. 21 ,5_ection 4. After approval by the County Atlomey with regard to the initial Agreement 22 and each respective amendment(s) thereto, the Collier County Public Works Division 2.~ Administrator is authorized to execute the initial Agreement as well as future amendments :.~ thereto, which Agreement, as may be amended from time-to-time, shall be binding obligations 25 on the District in accord,'mce w/th its terms. 26 Section 5. The legal authority for borrov,'ing monies to construct the wastcwater system 27 expansion Project is in accordance with the recommendations ortho Counly's 201 Facilities Plan 2S Update. dated June, 1997, and pursuant lo provisions of Chaptcr 88-499. La;vs of Florida, and 29 Section 403.1835, Florida Statutes. 30 Section 6. This Resolution repeals and superccdes Collier Count,,,, Resolution 97-297 31 (also entitled Resolution No. CWS 97-4). 32 THIS RESOLUTION ADOPTED THIS __ day of , 1998, after 33 motion second and majority vo~c. DEC 0 8 19s8 ATTEST: DWIGHT E. BROCK. Clerk By: Depuly Clerk Approved as to form and legal sufficiency: Thoma~ C. Palmer, Assistant County Attorney BOARD OF COUN'TW COMMISSIONER COLLIER COUNU%', FLORIDA, AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER & SEWER DISTRICT BARBARA B. BERRY, Chairman 0 8 19S8 Exhibit 2 EX.F_CUTIVE SUMMAR'f' APPROVE A RESOLUTION FOR A STATE REVOLVING FU."ND LOAN APPLICATION FOR THE NORTH COb:~TY REGIONAL WASTEWATER TREATMENT FACILITY EXPANSION OBJECTIVE: That the Board of Count.'5' Commissioners. as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution for the final application for the State Revolving Fund Loan for the North County Regional \Vastewater Treatment Facility (NCRWV,;TF) Expansion. CONSIDERATIONS: The State RevoMng Fund (SRF) program, administered b`.' FDEP, makes low-interest loans available to public wastewater utilities. The SRF program is funded 80% federal / 20% state. SRF loans offer a fixed interest rate set at 60% of the 20 ','ear bond index. The loans are made for a 20 .','ear period. We anticipate the interest rate for this loan to be between 2.75°/4, and 4 %, On July' 22, 1997, the Board approved a 201 \\"astewater [acilities Plan Update and a Resolution authorizing the initial application for SRF funding for the NCR",V\",.'TF expansion. On Ma.',' 22, 1998, a public hearing was conducted bv FDEP to approve the SPT program priority' list. At this meeting the NCR\VWTF exp~sion project ',','as elevated to the fundable portion of the project priority' list at S22,06S,000. The total project cost is estimated at S23,212,000. The SRF loan application reqt:ests up to S22,068,000. FDEP ',','ill disburse the loan monthly bas,.'d on reimbu,,'semcnt requests from the county. Currently our 5 `..'ear financia! plan indicates that we need at least 513.000.000 in loan money to fund the NCR\\.*VTP expansion; impact fees will fund the balance. \Ve `.','ill borrow only what we need. however, if conditions change we will have the flexibility to borrow up to thc total of 522,068.000. In order to proceed with the SRF loan process, the Board must approve the attached Resolution. approving thc final SRF loan application. The lom'~ application is due no later than November 17, 1998. The loan agreement will be completed by' December 31, 1998. FISCAL IMPACT: The estimated project cost for the NCRW\VTF expansion is 523,212.000. Based on current cash flov: projections, staff estimates a minimum of 513,000.000 will need to be borrowed to complete this project. The balance of funding will be provided by' impact fee reserves and future impact fee collections. In the event that additional grox'`7h related projects are added, project estimates increase, or impact fee collections do not meet projections, the amount borrov.'ed may be increased up to S22,068,000. ! Loan Proceeds in the amount elsie,000.000 ha`..e been budgeted. ~n 1998,99 as foil Fund Number: 410 County \~, ater & Sewer Debt Set,ace Cost Center: 210105 :tilities Administration - Project Number: 73031 North Count,.' Reoional \Vastewater Facility' · '- .................. Ii in ..... [I Executive Summary SPT Loan Page 2 The funds (Loan Proceeds) ,,,.'ill then be transferred to: Fund Number: 413 Cost Center: 263611 Project Number: 73031 Sewer Impact Fee Combined Sewer Capital Project North Count.,.' Regional \Vastewater Treatment Facility The Resolution and application authorizes the Count.',' to borrow up to 522.068.000. If the Count>' borrows the full amount, the annual debt service payment ,.','ill be approximately 51.5 million. If the county borrows 513.000,000 the debt service payment will be approximately $900,000. The loan payment will be supported by pledged general utility operating revenues with sewer impact fees being the actual planned funding source. 'l'his is consistent with the CC\\"SD Financial Plan and the 20i \Vastev.'ater Facilities Plan. GROWTH .~IANAGE.MENT IMPACT: The expansion of the .N\V\VTF is consistent with the Growth Management Plan and the 20i \Vastewater Facilities Plan. RECO.M.XlENDATIONS. Tp, a, the Board of Count)' Commissioners. as the Ex-Officio Governing Board of the Collier Count',' \Vater-Sewer District. adopt the anached Resolution '.1 ,~tkhich apDroves ,~" - ' ' ' , ,n,. final S~ate Re'.'o~v~ng Fund Loan application for the NCR\V\VTF expansion. Preparedbv: '. /'~ "'' ' Date: Susan Usher. Public Works Senior ,Accountant Reviewed by: · ' , Date: · Edward N. Finn. Public Works Operations Director Approved by~ Date: Ed Ilscb. ner. Public \Vorks Administrator NO. ~ .~ .,./&, (_. DEC 0 8 1998 lPG. ~ ,0 EXECUTIVE SUMMARY EXECUTE CONTRACTUAl, AGREEMENT WITll Gel,DEN GATE FIRE CONTROl, AND RESCIIE DlfiTilI(7I' FOil FIRI:. ANI) RESCUE PROTECTION SERVICES \VITIIIN TIlE C()I,I,IER COUNTY i.'IRE CON'FROI, I)ISTRICT. OB,IECTIVE: To obtain Board of County Commissioner's approval to execute a contractual agreement with Golden Gate Fire Control and Rescue District for provision of' fire protection services within the Board of County Commissioner's Collier County Fire Control District. CONSIDERATION: Pursuant to Collier Count',,' Ordinar~ce No 84-84. as arnended, the County created the Collier County Fire Control Municipal Services Taxing Unit for basic fire protection ser',.'ices outsicle oF,',.lur~icipal and exisling fire district bour~daries The term of this Agreement shall be efFective October I, 1998 through September 30, 1999. FISCAl, I,M PACI': Funds are available in Collier C:ount,.' }':ire Control l)istrict Fund (148 144.;00 881400). Anticipated FY 19OS-109O paymei~t ~o thc Golden Gate Fire Control and Rescue District is $74,000. GRO\VTII MANA(;EMENT 15IPA('7I" None RECOMSIENDATION: That tile Board of County Commissioners approve tile attached Service Agreement between the Golden Gate Fire Conlrol and Rescue District and the Board of County Commissioners and authorize the Chairman to execute same. SUBMITTED FlY: , Jeff ?g.,~,/Actinu Operaticms Chief REVIEWED BY: Diane B. Flagg, Chief Emergency Services Departmem APPROVED BY: ' Leo Ochs. Adminis~rat0r Support Services DiGsion Date: Date: Date: ,o._ 0 8 1998 SEI{\ ICE :\GI{I~I'~MEN F BETV,'i'~I'~N THE (;OI~I)I']N (,A 1 I'~ FIRE CONTROL AND RESCUE DISTRICT ANI) THE B()..\RI) OV C()I~I~IER COUNTY COMMISSI()NERS COIAAER cOUNTY. I:IX)RII).,\ Thi.~ SEI~,\.'I(.'.I''. A(;RI,]EMI~NT (Agreement) made thi~. day of' , 1998, by and between thc B():\III) ()I: (;OUNTY COMMISSIONERS OF COI, I,IER COUNTY, I.'IA)I(IDA, (herein:tf'ter referred to as COUNTY), and the (;()l~i)l';N (;ATI'; l"lllE (;()NTROI, AND RESCUE DISTRICT. WITN ESS ET I t \VHERE.,\S. pt~rstlant to (:ollic,' ('ounty ()rdinaucc I~4- ~44, as amended, thc Igoard of (:ounty ('ommissioncrs crcatt*d ~l~e ('.ollier County Fire Control Munic, ilml Service Taxin~ Unit. ( hereinafter referred to as the "('oilier (:ounty l:irc ('ontrol District" ): and WHI'~REA.q. thc (',ollic,' (',ounty I:ire ('ontrol l)istri¢'t, as created by (;oilier County()rdinance No. 84-8-l, asamended, includcs all of the unincorporated area of Collier County. l:lorida, that is not included withina dependent or independent fire control district: and \VI~II.;RI.]:XE. the (;OLI)I';N (;:\TI'; I:II{I'; ('()NTI',()I. :\NI) I{ICSCUI': I)ISTRICT has the necessary equil)merit and ])er~o~nel. a~ described in fire department resl)on~e procedures l':xhibit "A" att:~ched hereto and incorporated herein, to l)rovide fire control and tire prevention and rescue services to sub-areas of the (~ollier (:ounty l:ire Control District: and WHERI'.A,_, certain portions of the District described above requires services; and Collier (',ounty l"ire (_iontrol f]rc and rescue protection WHEI{E:kS. the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental ('ooperation Act of 1969 (as amended), being Chapter 163.01. et.seq., for the pUrlmSe of most efficiently providing fire service and rescue service to those geographic areas and parts of thc Collier ('ounty Fire Control District which are thc subject of this agreement: NO'O,', THEREFORE, in consideratio,1 of the premises and covenants set out herein, and other valuable considerations in hand received this date. each party fi'om the other, which is hereby acknowledged, the parties hereto afl. tee as follows: The term of this Agreeme~t sh;tll be effective from ()ctobcr I, 1998 to Sel~temhcr :30, 1999. This :\grccme~t m;~y be amended as to its terms ~tnd co~ditio~s ~t a~y time by mt~tt~l co~se~t of both parties, throt~gh a writi~g executed with the same formalities ;ts this Agreeme~t by both parties. The GOI.I)EN GATI'] I'~II{E CONTI{()IJ A~x'l) I{ICS(;UI'; I)ISTI{.ICT agrees to fur~ish t]rt: protectio~ ~! resct~e .~ervices, to portio~ of the (3ollic~' (~ot~ty lVire (~o~t~'ol l)istrit, t. The t]re departme~t reSl)O~ses :t~ described i~ l';xhihit "A" sh~xll be deemed to est;tblish the closest st~tio~ resl~O~e to c~lls for sera'ice i~ the Collier (:ot:~ty Fire (:o~trol l)istrict. The GOI,I)I~N (;,.kTI'] l:lI{l,] ('.()NTI{()l, ANI) sh:~ll f't~r~ish g:titl tire l)rOtectio:a l~rim:~:'y zo:~e of cover:~ge withi~ the (:ollier (;ot~ty I:ire Co~troi District. :ts well :~s i~ other zo~es of the Collier Cotl~ty Fire (',o~trol l)istrit:t, :~s reqt~ired hy l~rocedt~re, or t~l)on the retlt~est o[' the (~ot~ty o~' of other (:oilier ('ot~ty Fire (3o~tx'()! District co~tr;~ct l)roviders. The i"ire (:bier of the GOLI)I~N (;ATI,; Fll{l~ (~()NTl{()l, ANI) l{l';S(:Ul.; lJlS'l'l{l(VF shall, i~ co~jtt~ctio~ with the Chief of the (:ot~ty l)ep~rtme~t of Emerge~cy Services ~t~tl the other ;~ge~c3' Fire Chiefs servici~g the Collier Cou~ty Fire Co~trol l)istrict, the Country ~ mai). i~tlic;~ti~g primary a~d seco~d~r3* resl~O~Se zo~e withi~ the Collier Cot~ty Fire Co~trol District. Said services sh~tll he provided i~ the s~me m~er, level n~tl l~riority ~s the [i~'e protectio~ a~(l reserve ser~'ices ft~r~ished withi~ the ~'egt~i~t~' (~Ol,l)l~N (;ATE Ifil{lC (;()NTI{()I~ AND I{I,]S(IUIL I)lgTl(l('T, t:tki~g i~to co~sitler;~tio~ the time, tlist~ce the(;()Ll)I,;N(3ATE FIRI~CONTI{OLANI) l{ICS(IUEl)lgTl{l(VIL q'he (:OUNTY agrees to 1~3' the (;()LI)I']N (i:\Tlq, FII{I'; CONTROL AND RES(;UI~ I)ISTRI('T portioli of the Collier (',ot~t3' fire Co~ltrol District l~t~rsu~t~lt to the ~'eqt~ireme~ts of' l~t)';tg)'al~h two above, from t~xes collected tluri~g Fiscal Ye~tr 19D8-1999. P~yme~t sh~ll he c~lculated from the l:~test tax ~ssessme~t rolls avail~tble 51:ty 1" of each year of' this Agreeme~t. Avltil~tble t:~x t'ex'e~t~e is the tot~l amongst of t~txes :~vail~hle for / 2 DEC O 8 1998 services after costs of collection have been deduc'te~l, t'aymcnt is to bt paid on a quarterly basis on .lanuary I: April 1: July I: and September 1. lleve,~ue and l:~;tyment will be based on tile followin~ formula: Total ad valorem revenue for the Collier ('ou,lty l"irc Control District less collection fees and administrative costs, less the l~ayment required to f't~nti t:ontrac:tual tire service for (;oodland and Horr's Island, less negotiated paymentof 12.01% tothe Isles of ('.apri Municipal llcscuc and Fire Services T;txin~ l)istrict. Thc East Naples Fire ('ontrol and Rescue District, the ()cl~opce i:irc (',ontrol 1)istrict and the (;olden (;ate Fire ('ontrol and Rescue l)istrict shall each receive 29.:13",, of the remaining balance. lq~.vments to tile (;()I,I)E.\' (;:VI'f; l"irc ('ontrol and llcscttc l)istrict shall be made ¢lUarterly I~y lilt' ('()UN'TY on tilt ,January 1. April 1..July 1, and Sel)tcmhcr 1. 4. Both parties to this :\~Zreemcnt l~ereby agree to COOl,Crate and particil~atc in mutt~al l~rO~rams and projects in tl~c interest of fire and rescue protection within thc ('otlnty 0[' (:oilier, and with the Fire Marshall ofthe State of Florida. 5. At any time dut'ing this A~rcemcnt. in tl~c event of non- l~erf'ormance of the oi)ligations arisin~ under this a~reement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief' administrator of the non-perfk~rmin~ party. The party receiving such a notice shall then have (15) days in which to respond to and remedy the claimed non-perfbrmance. In the event that the non- performance isnot remedied within the fifteen (15) day period, the party claiming the non l~erfbrmance sl~all have the right to terminate the agreement. 6. All Service Agreements. and amendments thereto, between the County and the (;OI,DI;;N GAT15 FIRE C()NTII()I, ANI) RESCUE DISTIIICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE PRIMARY DIST, 1 SECOND DUE SHARED DIST. 1 UNKNOWNSUBSTANCE EMERGENCY 1 PUMPER 1RESCUE 1 COMMANDER I PUMPER 1 COMMANDER HIGH HAZARO BRUSH FIRE SEASON FORESTRY 2BRUSH UNITS OR I PUMPER AND 1 BRUSHUNIT I COMMANDER 1 BRUSH UNIT 1 coMr,4Ar',IDER OUT OFSEASON FORESTY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT 1 COMMANDER NO RESPONSE VEHICLE ACCIDENT 1RESCUEUNIT NO RESPONSE WITH WATER RESCUE CALL 1RESCUEUNIT NO RESPONSE SMALL VEHICLE FIRE (CAR, PICK-UP) PUMPER NO RESPONSE LARGE VEHICLE FIRE (TRUCK, RV, SEMI OR UNKNOWN TYPE) 2 PUMPERS 1 COMMANDER 1 PUMPER 1 COMMANDER REGULAR HOUSE OR TRAILER FIRE (SO. OF SR 84) 2 PUMPERS 1 COMMANDER 1 TANKER 1 COMMANDER AS ABOVE, BUT NO, OF SR 84 1BRUSH 1TANKER 1PUMPER 1COMMANDER 1COMMANDER COMMERCIAL OR LARGE RESIDENTIAL 2 PUMPERS 2 TANKERS 1 COMMANDER I COMMANDER BRUSH UNITS MAY BE SUBSTITUTED FOR TANKERS ON ALL STRUCTURAL FIRE CALLS. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. AG[NDA. O£C 0 8 1998 In ~,~,qTNESS WHEREOF, the parties hereto do hereby affix their hands and seals on this .~ day of 1998. I]OARI) OF COUNTY COMMISSIONEIIS COI,LIER C()UNTY, FI~ORIDA ATTEST: DWIGHT F.. BR()CK, Barbara B. Berry. Chairman Gene Smith. Secreta,'y N" () (;()I.I)EN(L.\TI'.' FIRE(~(), 1I~ 1. AND Ill.;S('UI.; I)iSTRICT / Tom }1 en n i n g, C h;ti m~;t n Al~proved as to form andlegalsufficiency: , -... I{obe~:t Assist;tnt County Attorney &C~E NOA IIEM ~o._Z~ 23- ! DEC 0 8 1998 Pg.~. ~ EXECUTIVE SUMMARY )PT A RESOLUTION AND APPROVE THE GRANT OF UTILITY EASEMENT TO SPRINT: FLORIDA, INC. OBJECTIVE: To obtain the approval of the Board of County Commissioners to adopt a Resolution, and approve a Grant of Utility Easement, Easement Agreement and a Temporary Construction Easement between Collier Courtly ("County") and Sprint-Florida, Inc. ("Sprint") for property located on the Government Complex at 3301 East Tamiami Trail. CONSIDERATION: Sprint is desirous of the conveyance of a Utility Easement from the County situated near the intersection of Airport-Pulling Road and East Tamiami Trail on the County Government Complex property. The easement is needed in order to construct, maintain and operate communication facilities and equipment designed to enhance and upgrade Sprint's service capabilities. Skip Camp, Director of Facilities Management, selected the easement's location and Sprint conducted a survey. Kevin Hendricks, Review Appraiser for Collier County determined the value of the easement to be $11,100. Pursuant to the Easement Agreement, Sprint shall compensate the County in the amount of $11,100, and in addition, shall be responsible to install a landscape buffer. l~,cTemporary Construction Easement (expiring October 1, 2000) is required to allow Sprint temporary cess onto County owned property to improve the easement area with approved landscaping. The terms of the Easement Agreement and the proposed use of the easement have been advertised pursuant to Florida Statute 125.35 and bidders were instructed to respond by noon, November 18, 1998. Sprint was the only interested party. A copy of the advertisement, Affidavit of Publication and bid documentation are on file in the Real Property Management Department. In the event Sprint fails to use the easement for the intended purpose, they will be required to vacate, cancel and annul the easement. FISCAL IMPACT: All closing costs including that of the required advertisement, shall be borne by Sprint. Revenue in the amount of $11,100 for the Utility Easement shall be deposited in ' FUND: 001 COST CENTER: 126334 OBJECT CODE: 362180 (General Fund) (Grounds Maintenance-Naples Complex) (Lease - Land) ..q;ROW'rH MANAGEMENT IMPACT: None No.. _ · DFC 0 8 1998 ! RECOMMENDATION: That the Board of County Commissioners; Adopt the attached Resolution; 2. Authorize the Chairman to execute the attached Resolution; 3. Authorize the Chairman to execute the attached Easement Agreement, Temporary Construction Easement and Grant of Utility Easement; 4. Authorize Staff to proceed and record all necessary documents in the Public Records of 'Collier County, Florida; and 5. Authorize the Chairman to execute any other documents related to this project in order to convey a Utility Easement to Sprint-Florida, Inc. PREPARED BY: Emie W. Kerskie, Real Property Specialist Real Property Management Department DATE: r ~ REVIEWED BY' Skip Car~-p, director Facilities Management Department DATE: / / iiPPROVED BY 'Leo E. Ochs, Jr., Administrator Support Services Division DATE: I RESOLUTION NO. 98- I 2 4 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY 5 COMMISSIONERS TO EXECUTE THE GRANT OF UTILITY EASEMENT AND 6 TEMPORARY CONSTRUCTION EASEMENT TO SPRINT-FLORIDA, INC., FOR AN ~ ABOVE-GROUND SWITCHING FACILITY TO BE LOCATED ON TIlE GOVERNMENT s COMPLEX AND EXECUTE AN EASEMEtlT AGREEMENT ACCEPTING ~ COMPENSATION. l0 WHEREAS, Sprint-Florida, IHC. ("SPRhqT") has requested an easement trom II Collier County in order to construct communication facilities designed lo upgrade and 12 enhance their current system as to benefit the general public as a whole. 13 WHEREAS, Collier County is desirous of providing SPRINT with an easement for 14 the construction, operation and mainlenance of communication facilities and L~ equipment, including but not limited to buried cable and an above-ground s',vitching ~6 facility all to be located within an easement area of 4,166 square feet. ~7 WHEREAS, the County finds that an above ground switching facihty will enable Is SPRINT to improve it's current services to the general public and that the general pubhc 1'~ will benefit from the easement given to SPRINT by Collier County. 20 WHEREAS. the County's Review Appraiser has determined the value of the 21 easement to be $11,100.00. .*2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2.~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 24 1. The Board of County Commissioners does hereby approve the attached Grant of 25 Utility Easement to Sprint-Florida, Inc. in exchange for the sum of S11,100.00 (Eleven 26 Thousand One Hundred Dollars}. 2~ 2. The Board of County Commissioners does hereby approve the attached 2~, Easement Agreement with Sprint-Florida, Inc. 2~ 3. The Board of County Commissioners does hereby approve the attached 2o Temporary -Construction Easement to Sprint-Florida, Inc. 4, The Chairman el the Board o[ County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Grant of U[ility Easement, Easement Agreement and Temporary Construction Easement to Sprint-Florida, Inc. This Resolution adopted this second and majority vote. A'FTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to legal form and suffidenc¥: /' i ' Heidi F. AshfOn Assistant County Attorney day of .1998, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman I'I?¢.)J[~('l: SI'RIN I.FI.t )RIIJA, IN( '. Jif Il.Il ~' I:ASI:.SII:N 1 E/GE~IENT ACRt:E311':N [ TIll.q F.;GI"NlfiN F A~';RF.F. Mii,';'[ (hereinafter referred to a.~ fl~e "Agre,:mcnf'l and between COI.LIER ('OI;NI'Y. a pahl~cal ~ubd~v~on of d~c filal~ ~[ [:lol~d.i. ~I~ ~uccc~,rs ar, J as~'::~. (hereinafter ~eferTed In a~ "()-'ne~"). and fiI'RINT-FI.ORIDA, INC, a Flor~(h eo~ota~mn. ~ su~ce~or~ and a~ign~, (hereinafter referred In a~ WlII~FA~. P,rcb~cr ~cq,dtc~ a pe~ctuai, non-exduqve easement for [hc pu~po~s nf hereinafter ~cfencd In a~ thc 'PmFrb"l. ~h~ch is auached hetclo and made a parx nf th~s Agrecmcr,:. cond~fion~ sol forlh heron; and (),.,.net ~l:all fan, tv Phc Prop.,:rxy tn Purchaser for the stsm of $1 !.i(',0 00. I'a.'.'ab~e ?.,' O~rFora:c Check transact:on herelna'fler referred rn thc "Closmg"l. Sa~d payment shall bc fuii camF'nsai~or, for th,: ~hlx Agreement ~hall bc nu!l and '..id. and of no fur:her force r,r eITecl, unless Clos~ng shall o::ur xg~d,~r, s~xlx' l r~t)} daw from d~c date Owner cxecute~ Ih~5 Agrccmcnl. prox ~d~d: h,,~ c','e:, that C),,'ne: ~h~l h~vc d~c uni{ateral r~g~ll t. cxlend thc term nf lhs~ Agrecmenl pending rcccip~ of such ms:ramcms, properly executed, ~h~ch cdhel mn~,vc, release .r subordinale any and all such ~icn~. cncumb:ance~ or quahficat~nns affectmF Owner ~hll dehvcr Ihe conveyance m~tnm~enJ lo Purchaser in a form accqqabic ~o Purchaser ('fro', er'ante of Iht ['roper? by O'~,,'ner is cnnhngenl upon nc, other pro',lsronL condlttons, or r'rcn'~lses other than II;(P,e st) ¢.latcd above; and thc wrltl¢fl Agreement, including all exhibits attached herein, shaIl consll:~ltc W/lllCrl or Ora] a~rccH~cnls, undcrtaklngL p/OmlSCL ~ arranlic~, or coveHa~15 Bat contained hereto, t'urcha,~er rs a-are and understanO that the "offer" to purchase represented by this Agreement :s subject to acccplancc ar:ti aFproval by Iht l'~.ard of Count) ('otnmlsslonets of Colher Cou.~ty, Florida Purchaser ~hall pa.'. for all costs of recording the :.nveyance tr. qrumenl m the Pui'.h: Records of Colhcr doctlt;lcnlary and i~lla~gib~e taxes, and lecotdlrl~ LOSB for an) ctlrallXe I:ISI~HlC~IS, ll~s Agreement and the temps anti pear,stuns hereof shall Fe effective as of the date tt~ Agreernenl is executed by both parries and shall inure Io the hcnefil of and ~e b~ndir, g upon the ~a~tes herein and l'urcha~cr agrees to buffer Ihe ea~enrent v. ld'l thc lanc!=cape buffer plan a'. dep:cted m "Exhibit I5", -h~ch I~ attached hereto and made a pa~ of rills agreement ()~ncfs Facihhes Management Dueclor shall have file right to modify the landscape buffer plan upon ~rlllen not,float:on lo d~e Purchaser 8. 'IJds Agrccn:er:t ~s go,. ct:ccd an,; consort:cd ~n accordance ;,.:ch :Iv: la',,, s ~f Ihe State nf t:]orlda DEC 0 8 1998 Easement Agreement Page 2 D; WIFNI:SS '~%'lH:Rlir)l', lh¢ parhe, hcrch~ have ¢~.¢.t~~llt. d Ihs% ,,'~,~Ic¢Irlcrll ,~r'~ lhl% _ ._ d:Lv nf · DATED' ^'FP[!.S'[ I}WIGIt'I lff,b't F,I) O1' ('¢)1 ;:,;I '( r'( );,U.'I;;;EI()NI:P..~, C¢)I.I.IILP, ('OI;N I'Y, H.ORIDA ltAEBAIL,~, B I',ERI:Y, Chaunt, an A S 'I 0 ' T'URC/g'~FiR: DA'[ F.D. , ~.~',;,~,,:._ '~! ,.,.,.,:,, Name._..S_ ._ ~ i_~,r?__ .~Z:~voz~Pr inl or '1' yp.-' 1 {Pnnl ~', Iyp¢) corporation Ad,,Ire~s: 455 Douglas At cnuc S~¢. 2155-26 Aham,,n:cSptir:g~.F[ 3241' Approved as tn Icg,al form and sufficiency t leidi F. Ashton LAND SURVEY UTILITY EASEMENT SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DA~S BOULEVARD SITE NAME: CCCH-COIJI£R CO. GOVT CTR ADDRESS: 3301 TAJ~[AMI TRAIL EAST PARCEL NO, 00389600008 VICINITY MAP r~ ~/ NOT 1'0 SCALE ~'~' ' SITE EXHII3IT "A" SHEET 3 OF 3 LAT. 2§'07'38'N LONG. 81'4 4'45" E LEGAL DESCRIPTION OF A SPRINT UTILITY EASEMENT A UTILITY EASEMENT O"¢~R PART OF THAT PORTION O¢ ~,4E SOUTHWEST !/4 OF DEC,ON 12. TOWNSHIP 50 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. BEING DESCRIBED AS FOLLO~: CO~UENCE AT THE SOUTHWr. ST CORNER OF SA~D SECTION 12; THENCE ALONG WORST BO,JhlDARY OF SAID DEC.ON 12, NORTH 00'16'55" VCEST. 1165,25 FEET TO SUR~:Y BASE LIHE Of STATE ROAD 90 (U.S. 41); THENCE ALONG SAID SURVEY BASE LiNE SOUTH 52'00'49' EAST. 89.17 FEET; THENCE NOR'FH 00'16'55" ~ST. 104,44 FEET TO THE INTERSLC~ON OF ~4E EASTERLY RiGNT Cr ~AY L;',E O" AIRPCRT-PU.LING ROAD AND THE NEW NORP~ERLY RIGHT Or WAY LINE O? SA!D STATE_ ROAD 90 THENCE SOUTH 52'00'49' EAST ALONG SA!D NORTHERLY RIGHT OF WAY LINE 85,~7 FEET TO THE POINT OF BEGINNING; THENCE NORTH 37'5g'1~' EAST 26.00 FEET; TN, E','SE SOUTH 52'00'4g' EAST. 35.00 FEET; THENCE SOUTH .37'59'11' '~ST. 26.00 FEET; THENCE NORTN 52'00'49' W~ST, 35.00 FEET TO THE POINT OF' BEGINNING, CONTAINING 910 SQUARE FEET, THE~CE FROU THE POINT OF BEGINNING NORTH 52'00'49" WEST, 86.17 FEET; THENCE NORTN 00~5'56" WEST, 187.91 FEET; THENCE NORTH., 89'44'04" EAST, 6.00 FEET: T~E;;CE SOUTH 00'15'56' EAST, 185.00 FEET; T}fENCE SOUTH 52'00'49" EAST, 83,26 FEET; T~ENCE SOUTH 37'59'~' WEST, 6.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 52'00'49' EAST, 35,00 FEET; THENCE CONTiNUE SOUTH 52'00'49' EAST, 103.45 FEET; THENCE SOUTH 37~7'35" EAST, 52.26 FEET TO A POINT OF CURVA?jRE OF A CONCAVI~ TO T)4E SOUTHWI~ST: T~ENCE 249.23 FEET ALONG THE ARC OF SAID CURV~ HA~4NG A RADIUS O~ 3B55.72 FEET A CENTRAL ANGLE Or 3'42'09", A CHORD Cr 249.19 FEET AND A CHORD BEARING OF SOUTH 48'41'15" EAST TO A POINT O¢ CUSP; THENCE NORDt 42'06'36' EAST, 13041 FEET; THENCE NORTH 47'53'24" ~ST, 20.00 FEET; THE~CE SOUTH 42'06'36" WEST, ~24,16 FEET TO A POINT OF CUSP OF A CURVE CONCAVE TO THE SOUTHWEST: THENCE 22§,81 FEET ALONG THE ARC OF SAID CURVE HAV;NG RADIUS OF 3852.72 FEET, A CENTRAL ANGLE OF 3'23'3B", A CHORD OF 228.78 FEET AND A CHORD BEARING OF NORTH 48'4g'53' W~ST TO A POINT: THENCE NORTH 37'17'35' ~%ST 60. I~ FEET: THENCE NORTH 52'00'49' WEST FOR 95,71 FEET; THENCE SOU?H 37'59h1" ~CST, 6.00 FEET; TNENCE NORTH 52'00'49' WEST FOR .35.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGEND ~ ¢c~c. ~o~ W/C. AP ~ ~ + ~ NOT VAUD I MfREt~r Cf-~TiF~' that dong ~der my d~gct~n ~nd M~lmu~ Tec~cmI 5t~d~d~ ~ per Ch~t~r GIGI7-G F.A.C. Certlftcetlon deacr]bed. It t~ not ~ cgrtlf~tion ~f T~tle, Zon~. [eaement~ or Ereedom from [nc~br~c~s. 4batract not rev~ed. 5ub]ect tm 6~ol E, Hd*~. P.L.5. =5oj3 130~ R~ 5~e~t N~. ~m 34103 (q4l) LAND SURVEY UTILITY EASEMENT SECTION 12. TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SITE NAJ~E: CCCH-COLLLER CO. GOVT CTR ADDRESS: 3301 TAJ~LkM] TRAIL EAST PARCEL NO. 00389600008 COLLIER COUNTY j ASPHALT THOUOH PABKJNO LOT PARKING LOT ~T. 26'07'38" N ~ )~ X~ R=3862.72' L c~ . CURVE 1 ' x ~ / C=249.1g' C8= S48'41'15"E NOTES: FLOOD ZONE "AE' (EL7) PANEL NO. 120067 0394 O. BEARINGS BASED ON NORTH PLAT LINE. SBg'40'50"E. P=PLAT, C= CALCULATED POC=POINT OF COMMENCEMENT POB=POINT OF BEGINNING I HER[DY ¢t?fT1ET that m ~urvgy ~e~ don¢ ¢d~r my d~¢¢t~on mhd ~ts thg M~lmu~ Tec~lcml 5t~d~ds ~s per 6hmpter GI~I7-6 E.A.~. T~rm ~ C~rtlflcmtlon t~ ~Iy for th~ I~d~ e~ do,or'od. It Is not o c~rtlf~et~n of Title. Zon~g. Ems~m~nt~ or Fro~d~ fr~ ~r~c~. ~tr~t not rev~ed. ~ub~ct tm e~e~nt~, re~tr~t~ ~d r~s~tlons of rec~d, ~/ J C~d r. ~s~. .L,5. -5013 J 130~ Rld~ Street ~ N~. ~o 34103 I (q4l) 2~1-574a L, AND SURVEY UTILITY EASEMENT SEC[iON 12, '[OWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY. FLORIDA IN89'44'O4'E 6.00' EXISTING 1-ERM. PAD SITE NAk~E: CCCH-COIJi£R CO. GOV'T CTR ADDRESS: 3301 TAMIA~[ TRAIL EAST PARCEL NO. 00389600008 EXHIBIT "A" SHEET 1 OF 3 LAT. 26'07'38'N LONG. 81'44'45" E COLLIER COUNTY GO VERNMENT CENTER EASEMENT TO BE ACCESSED THOLJ(~q PARKING LOT NOTES: J fLOOD ZONE 'AE' (5L7) PANEL NO. 120067 0394 D. BEARINGS BASED ON NORTH PLAT LINE, S89'40'50"[. P~PLAT, C=CALCULA~0 POC=POINT OF COMMENCEMENT POS=POINT OF B~GINNING 5~w~r nrtr ~r~ ~, 1' = 40' July 15. lqq5 ~ro~ct NO. ~P~k~------ D.ta or Survey, LEGEND Legml Oescriptinn, · ~ mc~ ~ w/Cu' ,~013 SEE ~TT~ED LEaL I I-f[R£GY CET~T1FY lc,hot e ~urvey done u~dcr my d~ectlon mhd ~¢t~ thc ~mtmum Toc~ca/ 5tmnd~d~ es per ~ter G~G~7-G CertlflcmU~ 1~ ~y for the lends ms de~crDed. It I~ ~t m cmrtlf~mt~ cf Tit~. Z~Q. f~mments or Freed~ fr~ ~r~es. ~bstr~t not rev~wed. r~r~ of rcc~d. ~ C~ E. ~l~m. P,L.5. ~13 130~ R~ 5~t H~. ~r~, 34103 (q413 2G1-5748 ~? pg.. i EXHIBIT B (LANDSCAPE BUFFER PLAN FOR SPRINT-FLORIDA, INC. UTILITY EASEMENT) SPRINT-FLORIDA, INC UTILITY EASEMENT (26' X 35') SCALE: NOT DRAWN TO SCALE MATERIALS SHRUBS PLANTS(FLOWERS) GROUND COVER (1) COCO PLUM (2) THYRALLIS (3) JUNIPER GRANT OF UTILITY EASEMENT This indenture made end executed this ~ day of , 19 , by and between COLLIER COUNTY, a political subdivision of the State of Flonda, its successors and assigns, hereinafter referred to as GRANTOR and SPRINT°FLORIDA, INC., a Florida corporation, its successors and assigns, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($1000) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE. its successors or assigns, a non exclus,ve easemenl for the purposes of constructing, operat,ng and maintaining commumcat,ons faciht,es and equipment, including but not limited Io buried cable and an above.ground sv/ilch~ng facility, over and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof TO HAVE At,lO TO HOLD Ihe easemenl hereby granled unto said GRAhlTEE, its successors and assigns. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, lo maintain said easement and in no way interfere at any time w,th the right of ingress or egress of GRANTOR, its successors and assigns, or any otiqer parly requiring access to any of the property over which said easemenl is granted GRAHTEE further agrees that it will at all times use exlreme care to reslore all grounds to as good or bet~or condition than found prior to construction, maintenance and repair. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose intended, then GRANTEE, its successors or assigns, shaII vacate, cancel and annul said easement or relevant part thereof. GRANTOR, its successors or assigns, shall upon said vacation, have the nght to require GRANTEE, its successors or assigns, to remove any structure or improvements which may affect the use of the property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR againsl any toss, damage, injury, debt or expense hncluding attorney's fees) claimed or asseded by any person or entity, arising out of GRANTEE'S installation or use of GRANTEE'S facilities described above. IN WITNESS WHEREOF lhe GRANTOR has caused these presents lo be executed in its name by ils Board of County Commissionersacling by the Cha~rman of said Board the day and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Prepared Maples, Florida f94t) 7~4-~400 Drr'0 8 1998 LAND SURVEY UTILITY EASEMENT SECltON 12. TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA Nsg.44'O4"E 6,00' EXISTING TER~. PAD SITE NA~E: CCCH-COI].!ER CO. GOV'T CTR ADDRESS: 330I TAMIA]~I TRAIL EAST PARCEL NO. 00389800008 ETd-tlBIT "A" I~ LAT. 28'07'38' N !o° LONe. 61'44'45" E COLLI£R COUNTY EASEMENT TO BE ACCESSED THOUGht PARKING LOT ~ ~ '*~ >[/ ~. ~ PARK,NO LOT 5F_CT1ON 12 NOTES: FLOOD ZONE "AE' (EL7) PANEL NO. 120067 0394 BEARINGS BASED ON NORTH PLAT LINE, S89'40'50"E. P=PLAT, C= CALCULATED POC=POINT OF' COMMENCEMENT POB=POINT OF BEGINNING July 15. lqq5 Deta of 5urvey, I hlER'EB't' Ct~7FY thmt ~ ~-v~y done under my drectl~ ~nd ~mts the Hnlmum Tm~cd ~t~d~da ~ ~r ~pter GlOIZ-G F.~.C. ~rtlr~mtl~ Is ~y for thd I~ds ~s d~scr~d. It I~ ~t ~ cartlf~tl~ of Tlt~. Zon~g. Em~e~nts ~ Freed~ fr~ [~r~es, ~bstr~t ~t rev~wed. Sub. ct to e~se~t~, r~str~t~n~ ~d ~413 2G1-5748 DEC 0 B 1998 . "_.__%-.._._'__'___ LAND SURVEY UTILITY EASEMENT SEC110N 12. TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, fLORIDA SITE NAME: CCCH-COLLIER CO. GOV'T CTR ADDRESS: 3301 TAMiAM[ TRAIL EAST PARCEL NO. 00389600008 ASPHALI PARKING LOT COLLIER COUNTY GO VERNMENT CENTER EASEUENT TO BE ACCESSED THOUCH PARKING LOT NOTES: FLOOD ZONE 'AE' (EL?) PANEL NO. 120067 0394 D. BEARINGS BASED ON NORTH PLAT LINE, SBg'40'50"E. P--PLAT, C= CALCULATED POC=POINT OF' CO~MENCEI~ENT POB=POINT OF- BEGINNING EXHIBIT "A" SHEET 2 OF 3 LAT. 26'07'38"N LONG. 81'44'45' E rhl~ survey l~ prepared for, SP,PJ"I7 - FL ~IDA. COLLkr~ DTLE ~$L~fANCE A~HCT Of ~A~[5, ~C. STEWarT TITLE ~r~ 5c~, [' = 40' June 23. Project Ho A~PUb4D Data of Survey, done under my dr¢ctlon ~d ~ets thc Mnlmum Tech~lcol 5t~d~d~ ~ per Certlf~etl~ I~ ~y for the I~d~ ~ de~cr~ It I~ ~t ~ certlf~et~n of Title. Zon~g. [~nC~ ~ Fr~ad~ fr~ [~r~ces. Ab~tre~t not rev~wed. 5ub~ct to e~se~t~, r~$tr~t~ ~d ~0~ ~ 5~ J Cq413 2GI-574~ LAND SURVEY UTILITY EASEMENT SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA tO ~ DA'CS BOtJL[VARD VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION OF A SITE NAME: CCCIt-COIJJER CO. GOV'T CTR ADi)RESS: 3301 TAMIAMI TRAIL EAST PARCEl, NO. 00389600008 F;XItlBIT "A" ,~SITr' SttEET 3 OF 3 LAT. 2O'O?'3B'N IDNG. 8I'44'4 5" E SPR!NT UTILITY EASEMENT A UT1LITY EASEMENT OVeR PART OF THAT PORT1ON OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS: COUUENCE AT ~E SOUTH'~EST CORNER OF SAID SECTION 12; THENCE ALONG THE W~ST BOUNDARY OF SA~D SECTION 12. NORTH 00~i6'55" W~ST, 1165.26 FEET lO THE SURVEY BASE LINE OF STATE ROAD 90 (U.S. 41): THENCE ALONG SAID SURVEY BASE LINE SOUTH 52'00'49' EAST, 89.17 FEET; THENCE NORTH 00'16'55' WEST, 104.44 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF AIRPORT-PULLING ROAD AND THE NEW NORTHERLY RIGHT O~ WAY LINE OF SA!D STATE ROAD 9:3 (U.S. 4~); IHENCE SOUTH 52'00'49' EAST ALONG SAID NORTHERLY RIGHT OF WAY LiNE 86.17 FEET TO THE POINT OF BEGINNING; THENCE NORTH 37'.59'11" EAST 26.00 FEET; THENCE SOUTH 52'OO'49' EAST. 35.00 FEET: THENCE SOUTH .37'59'11' WEST, 26.00 FEET: THENCE NORTH .52'00'49' WEST, .35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 910 SQUARE FEET. THENCE FRO~ THE POINT OF BEGINNING NORTH 52'00'49" WEST, 86.17 FEET; THENCE NORTH 00'15'56" WEST, 197.91 FEET; THENCE NORTH 89'44'04' EAST, 6.00 FEET; THENCE SOUTH 00'15'56" EAST, 1§§.00 FEET; THENCE SOUTH §2'00'49" EAST, 83.26 FEET; THENCE SOLID~ 37'59'11' WEST, 6.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 52'00'49' EAST, .35.00 FEET; THENCE CONTINUE SOUTH 52'00'49' EAST, 103.45 FEET; THENCE SOUTH 37'17'35" EAST, 52.26 FEET TO A POINT OF CURVATURE OF A CONCAV~ TO T~E SOUTHWEST; THENCE 249.23 FEET ALONG THE ARC OF SAID CURV~ HAV1ND A aADIUS OF 3656.72 FEET A CENTRAL ANGLE OF 3'42'09", A CHORD OF FEET AND A CHORD BEARING OF SOUTH 4§'41'15" EAST TO A POINT 0~ CUSP; THENCE NORTH 42'06'36' EAST, 1.30.41 FEET; THENCE NORTH 47'5:3'24" WEST, 20.00 FEET; THENCE SOUTH 42'06'36" WEST, ~24.16 FEET TO A POINT OF CUSP OF A CUR~ CONCAVE TO THE SOUTHWESI; THENCE 225.81 FEET ALONG THE ARC OF SAID CURVE HAVING RADIUS OF 3862.72 FEET, A CENTRAL ANGLE OF 5'23'38", A CHORD OF 228,78 FEET AND A CHORD BEARING OF NORTH 49'49'53" WEST TO A POINT: THENCE NORTH 37~17'35' WEST 60.~ FEET; THENCE NORTH 52'00'49' WEST FOR 96.71 FEET; THENCE SOUTH 37'59'I1' WEST, 6.00 FEET; THENCE NORTH 52'00'49' WEST FOR `35.00 FEET TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, C~LE~ ~rLr ~5~CK ~r or NA~ES. ~C. 5ca~e, 1' = 40' July 15. lqq~ Pro.ct No. ~P~4]_____ Date of 5~vey, r~ ~o, _~_. LEGEND C~*~, ~ w/~ O ~ ~ e ~ NOT V~D Cartlf icotlo~ T/tI~. Zoning. Eas~n~s ~ Fre~d~ fr~ C~d ~. ~ls~, P.L.5. 1308 R~ N~. ~a 34J03 PROJEC'r: SPRINT FLORIDA UTILITY EASEMENT TEMPORARY COtIS'f R UC1 IOl~f EASEM[::I~ 1' THIS EASEMENT granted this . da'/ of ,, 19__, by COLLIER COUNTY, a political subdivision of Ihe State of Florida, its successors and assigns, hereinafter referred to as GRANTOR and SPRINT-FLORIDA, INC., a Flodda corporation, its suocessors and assigns, hereinafter referred to as GRAHTEE. (Wherever used herein the terms "Grantor" and "Orantoe" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH That the Grantor, for and m consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and seUs to tho Grantee, a Temporary Construction Easemenl to enter upon the lands described as folfows (the "Easement Area") SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference The Easement Area shall be used by Grantee for the purpcse of excavating, construcbng and installing a landscape buffer. This Temporar'/ Construction Easement shall expire upon completion of the construction of the landscape buffer in the Easement Area or on or before October 1, 2000, whichever occurs first. Upon the completion of construction, the Grantee shall restore the surface of the Easement Area to its original or better condition THIS IS r~OT HOMESTEAD PROPERTY IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUfJTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. BARBARA B BERRY. Chairman Prepared b~ H~d~ r, AShton, otrice of the Count~ Attorney 3301 East Tam,ami Tratl N~ple~, Florida 34112 (}41) t D,.C 0,8. 1998 EXHIBIT., p~, I LEGAL DESCRIPTION OF A SPRINT TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER PART OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 -EAST, COLLIER COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALOhlG THE WEST BOUNDARY OF SAID SECTION 12, NORTH 0(Y'16'55" WEST, 1165.25 FEET TO THE SURVEY BASE LINE OF STATE ROAD 90 (U.S. 41); THENCE ALONG SAID SURVEY BASE LiIIE SOUTH 52°00'49'' EAST 89.17 FEET; THENCE NORTH 00~16'55'' WEST 104.44 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF AIRPORT-PULLING ROAD AND THE NEW NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 90 (US 41); THE,',I SOUTH 52~00'49'' EAST ALONG SAID I',IORTHERLY RIGHT OF WAY LINE 86.17 FEET TO THE POINT OF BEGINNING; THENCE NORTH 37°59'11'' EAST 26 FEET; THENCE SOUTH 52"00'49" EAST 35 FEET; THENCE SOUTH 37°59'11" WEST 26 FEET; THENCE SOUTH 52°00'49'' EAST 10 FEET; THENCE NORTH 37~59'11" EAST 36 FEET; THENCE NORTH 52~00'49'' WEST 55 FEET; THENCE SOUTH 37~59'11" WEST 36 FEET; THENCE SOUTH 52~00'49'' EAST 10 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED. CONTAII',IING 1070 SQUARE FEET MORE OR LESS EXHIBIT A SECTION 12, TOWNSHIP 50 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLORIDA EXISTING TER~. PAD SITE NAHE: CCCH-COIJJER CO. GOVT CTR ADDRESS: 330',. TA2~'bt,q[ TRAIL E/~T PARCEL NO. 00389600008 L~T. 28'07'38'N LONG. 81'44'46" E COLLIER COUNT?' GO V£RNMENT C£NT£R l. [ASEUEHT TO BE ACC£SSED TT4OUGH PAgK~NG LOT TEMPORARY CONSTRUCTION ~ / ~SEMENT % Jo ~ ~% e .. ~r, j, ~. ASPFALT % ~ ,~ ~ q';~ / ~o~. PARKING LOT ' P.O.C ~ ' ~ NOT[5: FLOOD ZONE 'AL' (EL7) PANEL NO. 120057 0594 D, BEARINGS BASED ON NORm PLAT LINE, ssg'40'50"E. P=PLAT, C=CALCULA~D POC=POINT OF COMMENCEMENT POB:PO1NT OF BEGINN~NG EXECUTIVE SUMMARY AWARD BID NO. 98-2884 AND EXECUTE ANNUAL APPRAISAL AGREEMENT FOR THE APPI::L,NISAL OF GAC LAND TRUST PROPERTIES. ~: To enter into a fixed fee annual agreement for the appraisal of GAC Land Trust properties upon which purchase offers and deposits have been accepted. CONSIDERATION: The November 15, 1983 agreement between Collier County and Avatar Properties, Inc., ~lUa/GAC Properties, Inc., stipulates that ".. , before any lands (from the GAC Land Tntst) may be sold or traded, the County shall have an appraisal completed." The agreement further stipulates that the appraiser must hold the MA/or SRA professional appraisal designation. All local appraisers holding these designations (as determined by the most recent edition of the Appraisal Institute's membership directory) were invited to submit bids proposing fees and times of delivery for the appraisal of GAC Land Trust properties. Entering into an annual agreement with the best bidder results in "locking down" the fee and time of delivery of the appraisal report regardless of the property being appraised, and avoids delaying the sale by going through the bid solicitation process on each and every occasion that an offer is made. Two proposals were received. The low bidder was The Appraisal Shoppe, Inc., Lawrence G. LaCroix, SRA., principal. The Appraisal Shoppe has been under contract with the County for the past two years,. and has delivered credible appraisals in a timely fashion. FISCAL IMPACT: Appraisal fees are paid from: 605 GAC Trust 122390 GAC Land Sales 631600 Appraisal Fees Revenue received from prospective purchasers is deposited into: 6O5 122390 369802 GAC Trust GAC Land Sales Reimbursement for Current Year Expenditures GROWTH MANAGEMENT IMPACT: None. RECOMb1ENDATION: That the Collier County Board of County Commissioners award Bid No. 98- 2884 Io The Appraisal Shoppe, Inc., and authorize its Chairman to execute the attached Appraisal Agreement on behalf of the Board. ,.K-~'-~0~AX"ay De~ Valuation Sandra'" aF~]t:,r, Rea-I ~oPerty Manag,~....~t Director REVIEWED W~': ,: M · <44z,,X; / Steve C~imell, Purehasing and General Sen'ices Director APPROVED BY: Leo E. Ochs, Jr., Support Sm'ices Administrator / / DATE: Coordinator DATE: '! \. _5_'x-' k 52D DATE: DATE: 2 DEC 0 8 1~8 ] APPRAISAL SERVICES AGREEMENT (COUNTY-OWNED LOTS IN GOLDEN GATE ESTATES) THiS APPRAISAL SERVICES AGREEMENT, entered into on the day , 1998, is by and between COLLIER COUNTY, FLORIDA, a pol!itical subdivision of the state of Flodda (hereinafter referred to as "County"), and THE APPRAISAL SHOPPE, INC., a Flodda corporation (hereinafter referred to as "Appraiser"). WlTNESSETH: In consideration of the mutual promises contained herein, County and Appraiser hereby agree as follows: TERM - This Agreement shall be in effect from December 11, 1998 through December 10, 2000, County retains the dght to renew this Agreement, with the consent of Appraiser, under the same terms and conditions, for three (3) additional one year terms. Appraiser shall maintain the MAI or SPA designation in good standing dudng the term of this Agreement. SERVICES - Appraiser shall provide to County wri,len appraisal report(s) which conform to the Uniform Standards of Professional Appraisal Practice (USPAP) governing the communication of a complete appraisal in a summary report format, upon receipt of an appropriately authorized Notice to Proceed from County. Such authorized Notices to Proceed shall only be issued under the letterhead of the Collier County Real Property Management Department, and only under the signature of either the Department Director or the Department's R~ght-of-Way Design and Valuation Coordinator (hereinafter singularly or collectively referred to as "Contract Manager"). FORMAT AND SPECIFICATIONS o The format of the written appraisal report(s) is up to the discretion of Appraiser. Both Form and Nan'ative reports are acceptable formats. Appraiser shall conduct a personal inspection of the subject property and the reported comparable sale properties. Each appraisal repod shall contain a color photograph of the subject property. Each appraisal report shall also contain a Sales Location Map which identifies the location of each comparable sale property in relation to thesub.j~ c~k property and in relation to the local roadway network, Comparable sale properties reit upon by Appraiser shall be described for the reader. DUE DATES. Appraiser shall deliver written appraisal reports to County within ten (10) calendar days of receipt of Notice to Proceed with appraisal assignment. In the event that two or more appraisals are ordered at the same time, Appraiser shall have ten (10) calendar days for the completion and delivery of each report. Facsimile transmission and confirmation of receipt thereof shall constitute receipt of Notice to Proceed. INVOICING AND FEES - The fee payable to Appraiser for the completion and delivery of an appraisal report concerning a "buildable" Golden Gate Estates tract (or portion thereof) shall be $150. The fee payable to Appraiser for the completion and delivery of each additional appraisal repod concerning a "buildable" Golden Gate Estates tract (or portion thereof), which is based upon the same comparable sale properties as the initial appraisal report, shall be $150. The fee payable to Appraiser for the completion and delivery of an appraisal report concerning a "NON-buildable" Golden Gate Estates tract (or portion thereof) shall be $165. Fees are payable following review and approval of appraisal report by County, and upon receipt of appropriate modifications deemed necessary by the Contract Manager. Appraiser's invoice must identify the property appraised and the fee payable. COMPLETION / CORRECTION. If a substantially completed written appraisal report (original) is delivered to County by the due date. or by a date mutually agreed upon, but which repod fails to comply with USPAP, or which report contains inaccurate data or which omits either bid specification or contractual requirements from within either the body or the addenda, Appraiser shall, within seven (7) calendar days from the date of notification by County. furnish such corrected and/or additional pages which will bdng the appraisal report into compliance with USPAP and/or into compliance with bid~, DEC 0 8 1998 specifications and this Agreement. No penalty for late performance will be charged against the Appraiser within said 7 day period. Nor shall Appraiser charge County any additional fees for bdnging written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 7. LATE PENALTIES / EXTENSIONS FOR CAUSE - Time is of the essence. The following schedule shall govern the assessment of penalties for late performance: (a) In the event that the wdtten appraisal report is not completed and submitted.~to County in accordance with the due date as set forth in Section 4 of this Agreement; then County, at its discretion, may reduce the fee payable to Appraiser, as set fodh in Section 5 of this Agreement, by ten percent (10%) for each week, or portion thereof, that the wdtten appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the writlen appraisal repod to be delayed beyond the due date as set forth in Section 4 of this Agreement, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an ex'tension of lhe due date without penalty, Said extension shall cite the reason for delay in completion of [he appraisal report and shall set a new due date for submission of the report. 8. CONTRACT ADMINISTRATION . The Contract Manager shall be responsible for ensuring performance under the terms and conditions of this Agreement. 9. CERTIFICATE OF APPRAISAL - The Certificate of Appralsal shall be signed by Lawrence G. LaCroix, SRA. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Apprglser, may sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be propedy identified in the wdtten appraisal report(s), ' 10. CONFIDENTIALITY - Appraiser shall not divulge the contents of written appraisal reports made for County without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from ail claims or liabilities, including court costs and attorneys fees. due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of two (2) years from the date of valuation of the latest appraisal of any such property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement. except by the wdtten approval of the Contract Manager, For breach or violation of this warranty County shall have the dght to terminate immediately this Agreement withou! financial obligation, or to pursue any other available remedies, 12. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Flodda Workers' Compensation Law. Said coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each Appraisal A~reemenl Pa~e ~ 13. 14. 15. 16. 17. 18. 19. 20, 21. accident. GENERAL LIABILITY INSURANCE - Appraiser shall maintain during the term of this Agreement comprehensive generaI liabihty coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. Cother County shall be named an additional insured on said policy. INSURANCE UNDERWRITER RATING - Ail insurance policies required in Paragraphs 12 and 13 shall be issued and written with a company, or companies, authorized to engage in general liability and public liability insurance in the State of FIodda, authorized to do business in the State of Florida, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. AUTOMOBILE INSURANCE · Appraiser shall maintain business auto liability insurance coverage with minimum limits of $300,000 per occurrence, combined single limits for bodily injury and property damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager those certif, cates of insurance which cleady indicate compliance with the insurance requirements of this Agreement. ; INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the Count'/, its agents and employees from all suits and a~ions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. PUBLIC RECORDS - Appraiser acknowledges that the wdtten appraisal reportsit including the materials contained in their addenda, which are prepared under the terms of this Agreement, shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance w~th the provisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may terminale this Agreement should Appraiser refuse public access to all documents. papers, letters, or other materials made or received for the purpose of providing services to County. TERMINATION - This Agreement may be terminated by either party by providing wdtten notice to the other. Appraiser shall be entitled to receive just and equitable compensation, in accordance with the schedule of fees set forth in Section 5, for any satisfactory work completed pdor to such termination. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national odgin will be excluded from participation in, be denied benefits of. or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of Appraiser. Appraiser shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. INTERPRETATION AND CONSTRUCTION - This Agreement shall be govemed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement constitutes the entire agreement between the parties; and there are no other prior or contemporaneous, oral or written agreements, understandings or promises to the contrary by or between Appraiser and County. This Agreement may be modified only by wdtten amendment executed by all the parties hereto. P~ 4 22. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: Real Property Management Department Eighth Floor, Administration Bldg. 3301 Tamiami Trail East Naples, FIodda 34112 As to Appraisen The Appraisal Shoppe, Inc. Moodngs Professional Building 2335 Tamiami Trail North, Suite 201 Naples, Flodda 34103 IN WITNESS WHEREOF, the pa~es have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: A'I-i'EST: DWIGHT E. BROCK COLLIER COUNTY, FLORIDA, a politi~l subdivision of the State of Flodda By: By: Deputy Clem Barbara B. Berry, Chairman AS TO APPRAISER: / Witness One.~sig n,a. tu re~/~ s One (p~ fu~' name) Wilt¢ess Two (signature) Witness Tw6 (pdnt full name) THE A~ISAL SHOPPE, INC., a Florida , Approved as to form and. I~gal sufficjenc,;(: H~idi F. ~,shton ' Assistant County Attorney No. /~-.~--..5 I [ Ec c, 1998 NO. /~ - _, DEC 0 8 1998 Po .~;~; APPROVAL OF BUDGET AMENDMENTS Bce Agenda of December 8, 1998 Road & Bridge (Fund No. 101) Budget Amendment No. 99-048 _Road & Bridge Capital Outlay Contingency Total: Exvlanafion:_ Funds are needed for the purchase of a hand-held 800Mhz radio. $2,000 ($2,OO0) '0- parks & Recreation Operating Expenses .aeser've$ Reserves for Capital Outlay Total Park Impact Fees (Fund No. 368) Budget Amendment No. 99-068 S3,800 ($3.8OO) -0- Explanation: Funds are needed to cover charges by the Building Review and Permitting Deparlment for the processing of collection and disbursement of impact fees. AGENDA ITEM O EC 0 8 1998 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE DECEMBER 8, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. November 16 - 20, 1998 3. Minutes: Lely Golf Estates Beautification Advisory Committee minutes of September 11, 1998 meeting and agenda of October 9, 1998 Bo Pathsvay Advisory Committee minutes of October 16, 1998 and agenda of November 20, 1998 Co Planning Commission minutes of October 15, 1998 and agenda of November 19, 998 AGENp~k ~EM DEC 08 1998 Pg. ! OB~TEC'q~VE: To obtain the Board of County Comm,ssioners acceptance of the Edward Bryne Memorial State and Local Assistance Program, five Percent Set Aside Funds by approvin9 the Certification of Acceptance of Subgrant Award. CON$IDERAT'ZONS: In September of 1998, the Board of County Commissioners endorsed the Clerk of the Circuit Court's Office grant application for the aforementioned grant. The specific problem to be addressed through the use of these grant funds relates to the capture, storage, and utilization of criminal court case records contained in the Offender Based Transaction System (OBTS). The Criminal Information System (ti:S) in use by Collier County Clerk of Courts currently lacks the ability to capture and transmit juvenile or domestic violence case data on a daily basis. The changes in Federal law, specifically the Brady Crime Control Act, the National Child Protection Act, and the Violent Crime Control Act, coupled with reporting requirements of the Florida Department of Low Enforcement (FDLE), the Office of the State Court Administrator (OSCA), and the needs of other Collier County criminal justice users has brought the Clerk's CIS to a crisis point in which expansion and modifications are requir.ed. Due to the fact that the current C]:S was placed into usage in 198§, these upgrades and enhancements allowing for the capture and transmission of juvenile and domestic violence case history data are required. Without these changes the system will not be able to meet the projected goals for frequency of reporting (daily), expansion of data interfaces (juvenile and domestic violence case histories), and the provision of reports to the numerous local, state, and federal criminal justice agencies, users, and the courts. This is the initial segment of a multi-segmented, multi-year process making programming modifications required in order to begin the migration to o relational data base platform which ultimately will become the primary data collection module for a fully integrated Collier County Criminal ,Tustice Information Systems Network We are pleased to announce that we hove received the grant for the period October 1, 1998 through September 30, 1999. F]r,SeAL :I:MPA6"r: The total funding requested was $333,095. Seventy five percent, or $249,821 has been awarded by the grant with a local match of twenty five percent or $83,274. The local matching funds will be provided via the Public I:~¢.,~[~_~d. ernization Trust Fund, which is the responsibility of the Clerk of the Circuit Coil, rt. 'F~,~.-i'~'i~'~ " impact to any funds of the Board of County Commissioners. ,,.' ' Gr~OWTH ~.MPAC-F: None RECOMMENDATZON: That the Board of County Commissioners accept the aforementioned grant and fully execute the Certification of Acceptance of Subgrant Award. /mes L. Mitchell, el:A, CFE, CBA Director of Finance and Accounting Reviewed By: fi'. Walter Cross Executive Assistant Date: Approved By: . Dwight E,.~rock Clerk of the Circuit Court STAT[ Of ~'LORIDA DEPARTMENT OF COMMUNITY "Helpin[~ F/oridians create safe, vibr,~nt, sustainabJe ~0~' CHILIS Governor JAM[S [. hIUR[~' S~rclarv November 18, 1998 The Honorable ~arbara B. Kerr}. Chairperson, Collier County Board of Commissioners 3301 Tamiami Trail East, Bldc F Naples, Florida 34112 ~ Re: 99-CJ-9M-O9-21-01-2!2/DeveloDment and Automation of Criminal Court Case Records Reporting System Dear Ms. Berry: The Department of Community Affairs is pleased to award an Anti-DruG Abuse qrant in the amount of S249,821 to your unit of government· These funds shall be utilized to implement a Drug Control and System Improvement Formula Grant Proqram under Purpose Area 15C, Criminal Justice Record Improvement. A cody of the approved subcrant aDD!ication with the above referenced prqject n~mber and title is enclosed for your file Ail ccrresooncenc~ with t~= Department should always refer to prolect numoe~ and title ~ %'our attention is directed to Section H of the subqrant which is the "Acceptance and Agreement,, These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The enclosed Certificate of Acceptance should be completed and returned to ~? Department within'30 calendar days from the date of award· ~nzs certificate constitutes official acceDtance of the award and must be received by the Department prior to the reimbursement of any project expenditures. 2555 5tt UMARD OAK BOULEVARD , TALLAHAS$[[, I:LO~IiDA 32.199.j~.1.0..~.i Phone: 850.488.8466/Suncnm 278.8466 FAX: 850.921.0781/Su~com ~.~781 . Inlernel address: hj:p:t,,~.~.slale.fJ.uslcomafitdca.h~ml U~ ' :..~ The Honorable Barbara B. Berry Page Two We look forward to workinq with vou on this project. If we can be of further assistance, please contact Colleen Matthews at 350/488-8016. Sincerely, ClayWon H. Wilder Community Proqram Administrator Bureau of Community Assistance CHW/CM/am Enclosures State cf Ficrida Department of Community Affairs Division of Housing and Community Development Bureau of.Community Assistance 2555 Shumard Oak Boulev-~-a Ta!lahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF c~n~,,-~ .... =~-.- AWARD The subgrantee, through its authorized representative, - ~.~..~ ~ ~ . _ re~_~p~ and acceptance of suscrant award number 99-CJ-gM-09-21-01-212 in the amount cf $249,821, for a project ~ ed Development and Automation of e .... ti : Criminal Court Case Records Reporting System = ~ the period of 10/01/98 through 09/30/99, in accoraance with the statement of work contain=; in the =uba .... ...... _-=.~ application, and subject to the Department of Community Affairs' conditions of =~r ......... and special conditions governin~ this subgrant. (Signature of Authorized Official) (Daze cf Acceptance) ..=me aha Title cf Official) DCA-CJ Form 1 (June, !985) State of Florida Department of Community Affairs Division of Housinc and Community Develoument B~=au of C~ ........ ltv Assista~ The Sadowski ~uildinu 2555 Shumard Oak Boulevard Ta!lahassee, Florida 32399 ~=~'~ AW~2D c==?~F!CATE Subgrantee: Collier County Board of Commissioners Date of Award: Grant Period: Project Title: Number: - Funds: From: 10/01/98 To:09/30/99 Development and Automation of Criminal Court Case Records Reportinq System 99-CJ-9M-09-21-01.212 $249,821.00 State Agency Match: Local Agency Match: Total Project Cost: $83,274.00 $333,095.00 Program A__a: ~= i5C A..=__ he~=bv made in '-. .... = amount and for c= a crant u..c_ Title I cf the C ....... ~ Cfi-- ~ "= .... period shown above ....... .~ - -,= Csntro! and c-~==-= Act cf ic~$ P L 9C-3=~ -.x =~ of · -- as - =-~__, and the A-nti-Druc ~u__ Act 1988 P L 100-&ca, to. tx= arov= =-~ ~ =~, and =..' ~ ' ' ' -'' ' - ~su c, to any =t~acned s~ancari or =n=~ia! conditions. This award is subject to a~ azniicaXle ru~==, ~e~u!at ~,,===~cns as contained in the Financial and ' = ions and Admi~ ' ......... =stra~ive Guide for Gran~= Gu~d=]ine Manual 7zOO.!2., Office cf Justice Programs Common Rule for Staue and Lcca! Government= and A-87 or Circulars A-il0 ~ ~ a..~ A-2~ in t~=' , ..... '~ eE5~=2'7 i5 i= also tc such further rule= ~=~.,~--~_ -~- - ' - subject ~= ..... ~..- ant Dclic~es as may be reascnab!y c .... a by the State or ?ederal G_,e ...... =x~ cons~st=~, with the purposes and authorization of p t ¢~-~=~ - P.L. !00-690. · ....... as amenaed, and Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Sadowski Building 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 SPECIAL CONDITION (S) /GENEP~AL COPLMEN~ (S) Grantee (Name of SPA): Bureau of Ccmmunit7 As=:=---~=___==.._~ Grant Nuunber: 99-cJ-gM-09-2!-01-2i2 Grant Title: Deve!ozment. and Autc.,=_i~,,- ~-'"~- cfC_~-~a_~ Ccur-~ Case Records Re~ortinc cv~~=~ administration, the grant is subject' to the foiicw~nc S~ecia! Ccnditicn (s) /Genera! Comment(s): - ' GENERAL COMMENT (S) : 1. The ADP Equipment Form is approved. Sole Source approval for the contract between Collier County and Poli-Sci Consulting has been granted by the Department of Cc--ununity Affairs . F-,XF_,_C_UT I V E SUMMARy_ AGREEMENT AND BUDGET FOR PARTIAL FUNDING OF LEGAL AID SOCIETY. ]~,I~LTJ_y..~ For the Board to consider tim approval of an agreement with the Collier County Legal Aid Society, Inc. ("Legal Aid Society") and for the approval of thc associated budget amendment. ~ On June 16. 1998 the Board approved Collier County Ordinance No. 98-57 to provide for the partial funding for a legal aid office in Collier County to assist qualified indigent residents o£ the County with family lax,., legal problems. Thc Ordinance established service charges/filing fees in probate matters and in civil actions filed in the County and Circuit Courts. A fired is being established for this partial funding of a lenal aid office and the associated budget shall be approved annually by the Board. ~ The attached Agreement sets forth the County funding commitments under thc Ordinance as ,,','ell as the Legal Aid Society requirements in regard to the establishment of the office and the related budget and approved expenditures involving Count3,' funding. EISCAL I.MPACT~ The total fiscal impact of this Executive Summary is $94,900. The budget as delineated below will be established in a separate trust fund for this program. The estimated $94,900 generated by the imposition ofthe service charges/fees will support contracted services ,.v/th the Legal Aid Society. Expenditures: Operating Expenses (Contracted Sen'ices) Total Revenues: Service Charges/Fees Revenue Reserve Total 94,900 S 99,800 S 94,900 AGENDA ITEM No. _14' (~)(, '"L pg'. GROWTH MANAGEMENT IMPACT; None. RECOMMENDATION; That the Board of County Commissioners consider approval of the attached Agreement with the LcgaI Aid Society as well as thc associated budget amendment; and that the Board authorize the Chairman to sign said Agreement if approved. · Mafialich, Chief Assistant County Attorney ~,'" David C. We/gel Countv Attorney h:Gail'ExSum. Lcgal Aid-RM AGENDA ITEM No. IL- (M~,,'~ AGREE3IENT FOR COLLIER COUNTY PARTIAL FUNDING OF TIlE COI.I.IER COUNTY LEGAL AID SOCIETY, INC. THIS AGREEMENT is entered into this __ day of , 1998 bv Collier County, Florida, a political subdivision of the State of Flor/da. through its Board of County Commissioners, hereinafter referred to as the "Count.,,,", and the Collier County Lethal Ai~ Society, Inc., d/b/a/the Legal Aid Society of Collier Count.,,'. a Florida not-for profit'corporation, hereinafter referred to as "Legal Aid Society". 5~'ITN ESSETtI. Vvf-tEREAS, on June 16, 1998, the Count.,,' approved an ordinance providing for partial funding for a legal aid office in Collier Count.,,'; and, W'HEREAS. the Collier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residents of Collier Count,,' with family la,.,.' legal problems; and. WHEREAS. the Count.,,', in Collier Count,., Ordinance No. 98-57, specifically found that providing funding assistance for the Collier Count,,' Bar Association's efforts to establish and maintain a legal aid office helps to address a public need and scrx'cs a lawful and necessary. public purpose; and, WHEREAS, the Legal Aid Society is a pr/vate, not-for-profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will address the legal needs of qualified indigent residents of Collier Count.,,' regarding family law legal problems; and, WHEREAS, it is in the best interest of the County to enter into a contract v.,ith the Legal Aid Society to conduct activities in accordance v.'ith the terms and conditions set forth herein; and, WHEREAS, the Count),, through Collier County Ordinance No. 98-57 has approved service charges/filing fees which are author/zed by Flor/da Statutes to be used exclusively for the purposes of establishing, staffing, equipping, furnishing and operating a legal aid offic~ for the representation of qualified indigent residents of Collier Count>'. Specifically, the County has approved a service charge of Sl0.00 in probate matters, a fee of S10.00 for each civil action filed in the Circuit Court and a service charge orS10.00 for civil actions in County Court. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto a~ee as follows. AGENDA ITEM No. [ ;" C 0 o 1998 pg. I. COUNTY FUNDING, Pursuant to Collier County Ordinance No. 98-57, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, tile County hereby establishes the attached budget (Exhibit A) for the purpose of assisting with partial funding to establish, staff, equip, furnish and operate a legal aid office for thc representation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by thc Cotmty. 2. COUNTY PAYMENT OF LEGAL AID SOCIETY EXPENDITURES. Authorized expenditures from thc budget referenced in Paragraph 1, are set fortl~ in the attached breakdown ofexpcnditures (Exhibit B). Amendments to Exhibit B will be made in accordance with the County budget amendment policy. Payments for expenditures shall be made bi-weekly upon the presentation of proper invoices/receipts to the Collier County Finance Department by the Legal Aid Society. Payment shall bc made in accordance with thc Florida Prompt Payment Act. 3. LEGAL AID SOCIETY RE©UIREMENTS. In performing this Agreement, thc Legal Aid Society shall: a. establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier Count>' ,,,.'ho have family lax,,, legal problems. b. use its best efforts to obtain high quality supplies and sen'ices for use in the performance of these se~'ices at the lowest practical costs and shall expend funds in accordance with the budget attached hereto as Exhibit "A". c. act as an independent contractor in the performance ofthis Agreement. d. furnish the Count.,,' Administrator and Clerk of Courts with a semi-annual (5/15 and 11/15 of each budget ),'ear) narrative progress report on the program and activities and expenditures of County funds described in thc budget (Exhibit A), approved expenditures (Exhibit B) and this Agreement. e. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier acceptable to the County. f. provide the County and the Clerk of Courts xvith full and complete access to all financial records including its budget, private funding sources, e :pendj~EltLetfil~q~'~]~ financial activities. The Legal Aid Society shall keep orderly and corr >lete[.to~ords of its 2 1998 financial accounts and financial transactions involving thc funds provided to thc Legal Aid Society under this Agreement. Thc Legal Aid Society shall open these records to inspection by Count.,,' personnel at reasonable hours during thc entire term of thc Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during thc term of the Agreement and up to three (3) years thereafter. The provisions of this para~aph shall sun'ive thc termination of this Agreement as to the fiscal ),'cars, or portions thereof, during which this Agreement is in effect. g. to the extent permitted by lax,,', defend, indemnify and hold harrnlcss the County from and against all claims, damages, losses and expenses, including reasonable! attorney's fees and costs, arising out of or resulting from the performance by the Legal Aid Society of its responsibilities under this Agreement. h. not assign or subcontract any of thc services which arc thc subject of this Agreement without obtaining written consent from thc County in advance of said assignment or subcontracting. Said consent shall not bc unreasonably withheld by' thc County. i. not discriminate against an,,' employee or person served under this Agreement on the basis of race, color, sex, sexual orientation, age, religion, ancestr)', national origin, handicap or marital status. j. comply with all applicable safety laws, ordinances, rules, regulations, standards and ]awful order ofany public authority having jurisdiction over thc matter in qucstion. 4. TER~M OF AGREEMI~NT. The term of this Agreement st'roll be for a period of one 3'ear to begin October 1, 1998 and to end on September 30, 1999, unless terminated earlier in accordance with the provisions of this A~eement. 5. TERMINATION OF AGREEMENT. Should either party fail to perform under the requirements of this Agreement, then the non-breaching party may terminate said Agreement immediately for cause. Either party may terminate this Agreement for convenience with 120 day written notice to the other party. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: AGENDA ITEM. 6 7. C 0 o 1998 mo Bo Jill Burzynski, Esq,, President Legal Aid Society c/o Burzynski & Pfeuffer 1124 Goodlette Road Naples, Florida 34102 Office of the County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 7. AMENDMENTS TO THIS AGREEMENT. An)' amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. 8. WAIVER. Waiver by either party of the breach by the other part.,,' of any provisions of this Agreement shall not be deemed a waiver of' an,,' other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. IN' ',3,qTNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Ageement on the dates set forth above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chaim~an AGENDA ITEM.- Pg. WITNESSES: (1) signature Printed,rFyped Name (2) THE COLLIER COUNTY LEGAL AID SOCIETY, INC. ct, b/a/THE LEGAL AID SOCIETY OF COLLIER COUNTY, a Florida not-for-profit corporation By: S~gnatur¢ Jill Burzynski. Esq. l'rmled Typed Name President Pn n~ed, 'f.',Ted Name l'rl nted "I ypcd Approved as to form and legal sufficiency as to Collier Count': (corporate seal) Ramiro Mafialich Chief Assistant Counb' Attorney h:Gail'vXgreements\Legal Aid SocieD'-Nov9$ .5 AGENDA ITEM {5 :" C 0.o EXHIBIT A ANNUAL BUDGET FOR PARTIAL FUNDING OF THE LEGAL AID SOCIETY, INC. EXPENDITURES: Operating Expenses (Contracted Services) Total 94.900 94,900 REVENUES: Service Charges/Fees Revenue Rese~'e S 99,800 (4,900) Total S 94,900 h:GB',Agreements-Legal Aid-Ex A AGENDA ITEM No. I(.- ('~ '~ [0",; t~ ~ 1998 Pg. c~ .. EXHIBIT B THE LEGAL AID SOCIETY OF COLLIER COUNTY Date: 11/16/98 TO: Dwight E. Brock Collier County Clerk of Courts Collier County Courthouse Complex Naples, Florida 3z112 RE: (1) Month Budget (From 11/16f98 through 12116198) CATEGORY ITEM MONTHLY AMT YTD 'ANNUAL BUDGET AMOUNT Personnel Expenses ~['torne¥ Salar~ ~Sec~et a,r'/_ S a lar,] iFICA/SS/MEDICARE pnemp o~,me.nt 3.333 33, j 40,00000 1,41~J.66 :: ...... _L] 17,000.00 iMedical Insurance 140 00. ~ 3,99~ 00 ~UBTOTAL __~{me for 1 emplo)~ee) ?Worker's Coon pensauc-n 5,300.87 3,_073.___5_0..j 69.000.00 !Non. 3emonnel '.Office Space/Rent ~.q Uil::~n ent/Fur ri,lure 8O0 00 9.~00 00 10.0¢-3 00 i ',Expenses Office Supplies 268 57 !Insurance/Premise iinsur ancefProfessionaJ Liability 3.20000: ~elephone 125.00 i 1.500.001 42 50 510 00 11567 1,388.00 i'Tramin~ & Seminars 1,500.00 ~Assoc. Dues & Fees 41.67 50000 ~udit Fees 83.33 1.000.00 250.00 3,000.00 ~esearch & Periodicals (tibrary1 416.67 ffemporar7 Personnel Expenses k.Office/Equip. Maintenance & Repair t Annual Corporate Filinq Fees 2,000.00 5,000.00 50000 ~ UBTOTAL 2974.84 $39,698.00 CLIENT RELATED LITIGATION EXPENSES ;206.12 PER CLIENT $20,612.00 TOTAL BUDGET AMOUNT 8,275.71 $129,310.00 INCOME: Filing Fees (per 1997 ~ $10.00 per case/9,981 cases) $99,810.00 8ar Dues (1998) $24,500.00 Donations/Fund Raising $5~000.00 [Total IncomeJ $129'~310.00 J AGENDA ITEM EXECUTIVE SUMMARY PETITION NO. CU-98-18, ALVIN J. SANDSMARK, OF SOUTHWEST FLORIDA DESIGN & ENGINEERING, REPRESENTING AMERICAN FUNDING AND SERVICE CORPORATION, REQUESTING CONDITIONAL USE "6" OF THE RMF-6 (3) ZONING DISTRICT TO ALLOW FOR A ASSISTED LIVING FACILITY (ALF) FOR PROPERTY LOCATED ON THE WEST SIDE OFGOODLETTE-FRANK ROAD (CR-851) AND EAST SIDE OF 12TM STREET NORTH, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain a conditional use to allow for the development and operation of a 194 unit Assisted Living Facility (ALF). CONSIDERATIONS: The petitioner proposes to develop a 194 unit ALF comprised of 92 assisted living units and 102 independent living units on the subject 9.63 acre site. This facility will provide housing, food service and personal services including physical therapy, exercise programs and limited nursing care. The conceptual site plan indicates that the proposed 90,734 square foot structure will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as provided for in Section 2.6.26.1 of the Land Development Code. The proposed ALF constitutes a FAR of only 0.22 which is less than fifty (50) percent of the maximum FAR. It should be noted that the subject site is currently zoned RMF-6 (3),. therefore, the property owner could develop the site with a maximum of 30 multi-family dwelling units. Since the main access point to the proposed facility is from Goodlette-Frank Road, approval of this driveway access shall be required from both the Naples City Council and the Board of County Commissioners as a consequence of City Resolution 3861 and County Commission Resolution 81-242. Because the subject site (Lot 72, Naples Improvement Company Little Farms) was never re-platted to extend 120` Street N. or 140` Street N. through the property, staff has requested that an emergency access point be provided from the southwestern comer of the property to 12th Street North. The traffic impact review indicates that the proposed 194 unit ALF will generate approximately 455 trips per weekday and 35 trips during the peak hour versus 168 trips for a 30 unit multi-family condominium complex. Because of the low trip rate for assisted living units, the difference in site generated trips between the proposed 194 unit ALF and a 30 unit multi-family facility will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Goodlette-Frank Road (CR-851) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE also classifies this segment of CR-851 as a 4 lane road fronting the project. The current traffic count for this segment is 32,382 AADT which results in LOS "B" operation. As a result, no road improvement is required. Based on this data, this petition is £cm~iqt~n! with the Policy 1.3 of the TCE. ,~o?E~P'~J'~ 1 DEC 0 8 1998 PRO/CONS: The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4 of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. PROS The subject site has adequate frontage for the required turn lanes, this access will not adversely impact traffic flow and is considered to be an optimal location in tern'~s of traffic flow and safety. In addition, due to the low traffic volumes generated by the project and the clear site distance on Goodlette-Frank Road (CR-851), the proposed access road should operate adequately. The project's ingress/egress is designed to restrict through traffic from CR-851 to the local residential streets and therefore should have no impact on the residential neighborhood except for an emergency access at the southwest corner of the site connecting xvith 12'h Street North. , The proposed ALF provides a personal care program that offers assistance with a number of "indoor activities of daily living" for members of the facility. Therefore, it is unlikely that glare or odor will be produced by the proposed ALF use at a level that exceeds the impacts could be created by the multi-family housing. Since the subject site is zoned RMF-6 (3), the petitioner could develop 30 multi-family residential units at 3 units per acre. The difference in traffic impacB in relation to noise, glare, economic or odor effects between the 30 multi-family units versus the proposed 194 ALF units is not significant due to Iow trip rate for ALF uses. The site is within the Corridor Management Overlay (CMO) which increases the front yard setback from 25 feet to 50 feet along Goodlette-Frank Road. It should be noted that the front setback as depicted on the conceptual plan is over 485 feet from Goodlette-Frank Road. The CMO also requires increased landscaping and canopy trees with a minimum spread of 5 feet and a height of 10 feet at the time of planting. The trees must be placed every 30 feet in landscaped areas. Furthermore, the petitioner has increased the landscape buffer to 18 feet along the north and south property line adjacent to the single family dwellings. An ALF essentially functions as a residential land use. The size and scale of the proposed 194 unit building is comparable with the type of multi-family dwelling units that are permitted in the RMF- 6 zoning district. In addition the minimum floor area for each multi-family unit is 750 square feet while the ALF units may average 470 square feet depending on the type of unit. Therefore, the structure for congregate care housing doesn't look any different than the structures for multi-family housing. The proposed structure is architecturally designed as a two story building with tl incorporated into an architecturally designed roof structure (see attached sketch) while lt._ ~hlrd floor DEC 0 8 1998 multi-family structure is also allowed at a maximum height of three (3) habitable stories without any architectural theme or special design features. CONS: · Intensifying thc traffic condition on Goodlctte-Frank Road resulting frown this project may at times give rise to inconveniencing neighborhood residents. Temporary noise and odor may result to neighboring properties during construction of the proposed building. The surrounding properties to the north and south are developed with one story single family dwellings. The proposed AFl_, structure will be taller than the adjacent structures. However, the architecturally designed facility incorporates a larger landscape buffer and increased setbacks. Furthermore, the development standards of thc RMF-6 district currently permits three (3) story buildings. The Collier County Planning Commission reviewed this petition on November 19, 1998 during their public hearing and voted 9 to 0 to recommend approval of this petition. The recommendation for approval was based on their findings that the conditional use is consistent with the Growth Management Plan, the ingress/egress is safe and the project is compatible with the adjacent land uses. In addition, one person spoke in support of this petition during the public hearing. Since staff has not received any calls or correspondence in opposition to this request, this petition has therefore been placed on the summary, agenda. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this petition achieves its objective, the land will be redeveloped. The mere fact that new business 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 off-set 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 site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Elcmdnt (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted at a base density of 4 dwelling units per acre. The project is also located within lh¢ Traffic AG E NOAJ,,T£M ./5r/~/ DEC 0 8 1998 3 Pa. '-~ Congestion Area which reduces the density to 3 units per acre. The Urban Designation will also accommodate future non-residential uses such as essential services. Other permitted non-residential uses may include: community facilities, churches, schools, day care and assisted IMng facilities (ALF). It should be noted that the proposed ALF use is also a conditional use ill the RMF-6 district. As a result, the petitioner is requesting conditional use approval to construct 194 ALF units. Because the ALF is a non-residential use, thc intensity of use is limited to a maximum ftoor area ratio (FAR) of.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 90,734 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier Count>, Planning Commission recommends approval of Petition CU-98-I 8 for Conditional Use "6"of the "RMF-6" zoning district subject to thc stipulations that are described in the attached Resolution of Adoption and Exhibits thereto which includes the conceptual plan. PREPARED BY: RAY BELLOWS, PRINCIPAL PLANNER CURRENT PLAN,'NING SECTION / / RONAL-ISff. NIFO, AICP, MANAGER CURRENT PLANNING SECTION ,,J~OB,E/RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE DATE APPROV.ED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-98-18,'RVB 'rb DATE AGENDA ITEM 7-F MEMORANDUM oTO: FROM: COLLIER COUN/Y PLANNING COMMISSION COMMUNITY DEVELOPMENT AND EN\ IRONMENTAL SERVICES DATE: OCTOBER 27, 1998 RE: PETITION NO: CU~98-18, ASSISTED LIVING FACILITY (ALF) OWNE RJA G E NT: Agent: AMn J. Sandsmark Southwest Florida Design and Engineering, Inc. 5100 Tamiami Trail N. Suite t 14 Naples, Florida 34102 Owrler: ,American Funding & Sen'ice Corporation. a Florida Corporation Mr. Keith Basil Presiderlt Trustee under Land Trust ..\grccmcnt No. 2150 Goodlette Road, Suite 307 Naples, Florida REQUESTED ACTION: To obtain conditional use "6" of the "RMF-6 i3)" Residential .'xluhi-familv zoning district to allow for an Assisted Living Facility (.ALI:). GEOGRAPHIC LOCATION: Thc site is located on the xvest side of Goodlene-Frank Road (CR-851) and cast side of 12th Street North in Section 22. Township 49 South, Range 25 East. {See illustration on lhe following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to construct an )kssisted LMng Facility (ALF) with a total building area (under roof) of 90.734 square feet on the subject 9.63 acre site. The proposed ALF consists of 92 assisted IMng units and 102 independent IMng units providing housing, food sen'ice and personal services including limited nursing care. The conceptual site plan indicates that the proposed structure will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as provided for in Section 2.6.26.1 of the Land Development Code. Furthermore. the proposed ALF constitutes a FAR of 0.22 which is less than rift).' (50) percent of the maximum FAR. Since the main access point to the proposed facility is from Goodlene-Frank Road, approval '.~ of this driveway access shall be required from both the Naples CiD' Council and the Board of County Commissioners as a consequence of CiD' Resolution 3861 and County Commission Resolution 81-242. It should be noted that the subject site (Lot 72, Naples Improvement Company Little Farms) was never re- planed to extend 12th Street N. or 14th Street N. through the subject site. As a result, an emergency access point is provided from the southwestern comer of the properb.' ~o 12th Street North. No /7' DEC 0 8 1998 I EXHIBIT "C" 1998 SURROUNDING LAND USE AND ZONING: Existing Conditions: Surrounding: The site is currently x'acant and is densely vegelated with Brazilian pepper and other exotic vegetation. The property is also zoned R.MF-6 (3). North - Single family residential: Zoned: RSF-4. East Goodlette-Frank Road and a ?lfcoursc: Zoned: "GC". South - Single family residential: Zoned: t.[SF-4. West - Twelfth Street North and single family residential: Zoned: RSF-4. It should be noted that the subject site is located in a residential neighborhood that has existing commercial and muhi-famity land uses v.'ithin the vicinity of thc proposed project. For example, there are commercial properties (zoned C-4 and C-5) that are located one block to tile ,,,.'est along US-41. In addition, there is a mix of muhi-familv and single family structures within this neighborhood. Thc High Point Condominium (Photograph 6"1)is located 4 blocks to tile south of tile subject site and contains eleven multi-family buildings that are approximately 5 stories in height. Photograph #2 shows the type of sin.51e family residencies viewed from Frank \Vhitman Boulevard while photograph -2'3 shows the southwest corner ortho sub. iect site as vic,.~cd from 12" .qt. N. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff R~r compliance with the applicable elements of the Growth Management Plan (GYlP). as noted below: Future Land Use Element: The site is currently designated Urban .Mixed Use. Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted at a base density oi"4 dwelling units per acre. The project is also located within the Traffic Congestion ,Area which reduces thc density to 3 units per acre. If developed residential, the RMF-6 (3) zoning will allow 30 muhi-family condominium or rental apartment units with the approval of' a site development plan. However. the Urban Designation will also accommodate future non-residential uses such as essential services. Other permitted non-residential uses mav include: community facilities, churches, schools, da,.' care and assisted living facilities (AJ..F). It should be noted that the proposed ALF use is also a conditional use in the RMF-6 district. As a result, the petitioner is requesting conditional use approval to construct 194 ALF units which results in a density of 20 units per acre. Because the ALF is a non-residential use. the intensity of usc is limited to a maximum floor area ratio (FAR) of .45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 90,734 square foc does not exceed a FAR of 0.45. this petition is consistent with the FLUE to the GMP. DE.t; 0 8 1998 Traffic Circulation Element: The traffic impact rcvicw indicates that the proposed 194 unit ALF will generate approximately 455 trips per weekday and 35 trips during the peak hour versus 168 trips for a 30 unit condominium complex. Because of the lox,,' trip rate for assisted living units, the difference in site generated trips between the proposed 194 unit AI.F and a 30 unit muhi-family facility will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Goodlette-Frank Road fronting the project. In addition, thc site generated trips will not lower the level of sen'ice below the adopted I.OS "D" standard on an.',' roadway segment v:ithin thc project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE also classifies this segment of CR-851 as a 4 lane road fronting the project. The current traffic count for this segment is 32.382 AADT which results in LOS "t3" operation. As a rcsuh, no road improvement is required. Based on this data. this petition is consistent with the Policy 1.3 of the ]'CE. Other Applicable Elements: Staff review indicates that this petition has bccn designed to account for the necessaD' relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with tilt GMP during the permitting process. Development permitted by thc approval of' this petition will be subject to a concurrency review under tile provisions of Section 3.15 of the Collier County Land Development ('ode. :x, dcqt;mc 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 le,,'el of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that tile County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and'or development commitments made a part of the approval of this devclopmen~ t,rdcr. HISTORIC/ARCHAEOLOGICAl. IMI'ACT: Staff's analysis indicates that the petitioner's propemy is located partially within an area of historical and archaeological probability as referenced on the official Collier Count.',' Probability Map. As a result, an Historical/Archaeological Sun'ey and Assessment or waiver is required. Since the surrounding properties have been developed without significant archaeological discover', a waiver from conducting the su~'ey and assessment was granted. In addition. 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, an historic or archaeological artifact is found, all development within the minimum area necessao' to protect the discovery shall be immediately stopped and tile Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTA. TION .&ND INFRASTRtlCTURE:= The subject petition has been reviewed by the appropriate staff responsible 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 Sen, ices Division staff. The Transportation Division staff has recommended approval of the facility as sul Community Development Sen'ices environmental staff stipulated that an appropriat port~ow"m-'- DEC 0 8 1998 native vegetation be retained on-site and shown as a prese~'ation area on thc plan. Thc petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission regarding potential impacts to protected Wildlife species. ANALYSIS: 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 over','iew of ttne 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. This criteria shall be used as the basis tbr recommendation of approval or denial by the Planning Commission to thc Board of County Commissioners. Each of the potential or considerations identified during the staff review nrc listed under each of thc criterion noted below, and are categorized as either "pro" or "con" as the case may be. in thc professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusior~ culminatin,.: in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The subject site is designated Urban Mixed [rs,,.' in th~' FI_t 'F ofti~c (i.",IP. This district permits non-residential uses. essential services and communi~x reiateci usc.,, such as an assisted Iix'in-' facili;v (Al, F/. Since the proposed AI.F is als(, a conditional usc ~r', ti~' RNIF-(, district. ttnis petition is consistent wittn tile ©MP. Con: None. Summary Conclusion (Findings): This petition is consistent with tile FLUE to the Collier Count.',' GMP. The proposed use is authorized in the Urban Mixed Use designated area~q and is permitted in the RMF-6 district as a conditional use. Because the ALF is a non-residential use. the intensity of use is limited to a maximum floor area ratio (FAR} of .45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 90.734 square foot bu. ilding does not exceed a FAR of 0.45. this petition is consistent with the FLUE to the GMP. bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safeP,.' and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: (i) ]'he project's only ingress and egress will be from Goodlette-Frank Road (CR-851). Since the site has adequate frontage for the required turn lanes, this access will not adversely impact traffic flow and is considered to be an optimal location in terms' of traffic flow and safety. ,~ ~,.~ I 1998 (ii) Due to the Iow traffic volumes generated by the project and the clear site distance on Goodlette-Frank Road. the proposed access road should operate adequately. (iii) ]'he project's ingress/egress is designed to restrict through traffic from CR-851 to the local residential streets. An emergency access has been provided at the southwest comer of the site and connecting with 1 ? Street North. Con: Intensifying the traffic condition on Goodleue-Frank Road resulting from this project may at times give rise to inconveniencing neighborhood residents. Summar'v Conclusion (Findines): Staff is of the opinion that under the present four-lane condition of CR-851. a full median opening may be permitxed pending a review of impacts. As a result, the median opening may be constrained to a northbound left turn. Based on the access design, the project's proposed entrance should operate adequately and with an acceptable level of safety. Approval of the driveway access shall be required from the Naples! City Council and the Board of Count>' Commissioners as a consequence of Cit>' Resolution 3861 and Count>' Commission Resolution 81-242. This conditional usc request is subject to gaining this access approval. The effect thc conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (il As noted above, thc subject site could be developed residential at 3 units per acre for a total of 30 muhi-fanSly dwelling units. 'Fhz diff~erencc in traffic impacts in relation to noise, glare, economic or odor cfl'ccts between the 30 muhi-family units versus the proposed I c~4 .-\LF units is no: si,.z'nifican', due to Iow trip rate for ALF uses. The proposed ALF provides a personal care program that offers assistance with a number of "indoor activities of daily living" for members of lhe facility. Therefore. it is unlikely that glare or odor will be produced by the proposed ALF use at a level. that exceeds the impacts could be created by the muhi-family housing, i (iii) The site is within the Corridor Management Overlay (CMO) which increases the front yard setback from 25 feet to 50 feet along Goodlerte-Frank Road. It should be noted that the front setback as depicted on thc conceptual plan is over 485 feet from Goodlette-Frank Road. The CMO also requires increased landscaping and canopy trees with a minimum spread of 5 feet and a height of 10 feet at the time of planting. The trees must be placed every 30 feet in landscaped areas. (ix') The required side yard setback in the RMF-6 district has been increased from 15 to 65 feet along the north and south proper;>' lines. Con: TemporaD' noise and odor may result to neighboring properties during construction of the proposed building. Summar-,' Conclusion (Findin,s): The orientation of the proposed building is such that it is buffered from adjacent single-family residential proper;,,.' to the north by a 18 foot 1998 buffer. In the opinion of staff, thc proposed ALF will have limited negative effects on neighboring properties in relation Io noise, glare, economic or odor effects. de Compatibility with adjacent properties and other propert).' in the district. Pro i (i) An AI.F is technically non-residential use. Im,.vc`.'er, it essentially functions as a residential land use. The size and scale of the proposed 194 unit building is comparable with the type of multi-family dwelling units that are pennined in the RMF-6 zoning district. For example, the setbacks for a 30 unit multi-family t~cilitv is as follows: Front Yard: 30 feet; Side Yard: 15 feet; Rear Yard: 20 feet vd'file the setbacks for the proposed ALF are far greater as noted above. In addition the minimum floor area for each multi-family unit is 750 square feet while the ALF units ma;,,' average 470 square feet depending on the type of unit. Therefore, the stn,cture for congregate care housing doesn't look any different than the structures for multi-family housing. (ii) The petitioner has increased the landscape buffer to 18 feet along the north and south property line adjacent to the single family d`.vcllings. If de`.'eloped with multi-famil.,,', tile rzquircd buffer v.'ould be only 13 feet. (iii) The proposed structure is architecturally designed as a two story building with the third floor incorporated into an architecturallv designed roof structure (sec attached sketch) while a 30 unit multi-family structure is also allowed at a maximum height of three (3) habitable stories without any architectural theme or special design features. (iv)The petitioner's market study indicates that there is a tremendous demand for an assisted IMng fncilitv at this location versus the currently permitted multi-fim~ilx use. Furthemmre. due to the density being limited to 3 ..mits per acre. it is not economically feasible to develop this type of housing at this location. Con: The surrounding properties to the north and south are developed with one story single family dwellings. The proposed AFL structure ,,*.'ill be taller than the adjacent structures. However. the architecturally designed facility incorporates a larger landscape buffer and increased setbacks. Summary Conclusion (Findin~k): The proposed use is compatible with the existing residential dwellings since an ALF is essentially a residential land use. The proposed structure is architecturally designed as a two story building with the third floor incorporated into the roof structure to improve compatibility'. Lastly'. permitted structures within the RMF-6 district are currently allowed to develop at a maximum height of three (3) habitable stories. STAFF RECOMMENDATION: Staff recommends that the Collier Count)' Planning Commission (CCPC) recommend approval of Petition CU-98-18 for conditional use (6) of the RMF-6 zoning district subject to the approval of the 'driveway access by the Naples CiD' Council and the Board of Count',' Commissioners as requiri.~31 City Resolution 3861 and Count3' Commission Resolution 81-242. ' '~: /.:')~' 0 8 998 PREPARED BY: RAY~E-,LL~)WS, PRINCIPAL PLANNER CUI~RENT PLAN,~ING SECTION E D ': RO~NALD F7 ,~"I%K~, ~'~'715, MANAGER CURRENT PLAN,~ING SECTION ROBERT J. MULHERE. AICP. DIRECTOR PLAN.~ING SERVICES DEPARTMENT APPROV, E~ BY: VINCENT A. CAUTERO. AICP. ADMINISTRATOR COMMUNITY DEV. AND EN\:IRONMENTAL SVCS. StaffReport for November 19. 1998 CCPC meeting. COLLIER COU:~TY PLANNING COMMISSION' EL J. BRUET, CHAIRMAN STAFF REPORT/CU-98-18,'RVB/rb DATE DATE DATE DATE AG£'%DA ~IEM ~0 DEC 0 8 1998 /. m 0 OEO 0 8 1998 AGEND~'T£~ ~'c. ./?,,~ DEC 0 8 19 CO.M M I 'N ITY I)EVE 1.0 P.M ENT I)I ~'ISI(}N CI,RRENT PI,..\NNIN(; SECTION PI'!TITI()N NU,MBI:R' "L' 9 8 180 RECEIVED D,'.VFE OF .'\PPI. IC,\TI()N: At.;3 181998 COMMISSION DISTRICT: PI.ANNER,\SS[GNED: ~'~-~ ~P.. !¢:,.42 ABOVE TO BE COMPI.E'FI-~D BY STAFF '~PPI,I¢'.-~.TION FOR PI'Bi,l(' ItF:..'~RIN¢; FOR: ('ONI)FI'ION..~.I. I'.ql.; (;eneral Information: Name ol'Applicantts~ American Fundinu & Sen'ice Corporation Applicant's Mailing Address 2150 Goodlette Rd.. Suite 307 C/tv Naples State Florida Applicant's Telephone ::: 941-262--4622 Name oFAgent Alvin J. Sandsmark Finn En~ineerinu Zip 34102 Fax ;.': 941-262-6125 Southwest Florida I)esi~n & .,\gents Mailing Address C/tv Naples State Florida Agent's Telephone ~: 94 I-.435-0643 Disclosure of Interest Information 5100 Tamiami Trail N.. Suite 114 Zip 34103 Fax :¢: 041-262.8440 a. N/A b, N "A Ifthe property is in the name ora TRUSTEE. list the beneficiaries of'the trust with the percentage of interest. aEC; 0 PO. 8 199~__] /d . Name and .Address Kc(th Basik Jefferv Basik 25°0 Gar,,' Weaver 50% N/A N/A N/A [)ate subject property acquired Term of lease vrs.,'mos 1t: petitioner has option to buy. ~ndicate date of'option: and date option terminates: ............. . or anticipated closing date Should any changes ofovmership or changes in contracts tbr purchase subsequent to the date of'application, but pr/or to the date of application. but prior to the date of the final public heanng, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclc;sure of interest form. Detailed legal description of the property covered by the application: elf 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 f4) copies ora recent survey (completed within the last six months, maximum I" to 400' scale)ifrequired to do so at the pre-application meeting. NOTE: The applicant is responsible lbr supplying thc correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey ma,.' be required. Section: 22 Township: 49S Range: 25E Lot: 72 Block: Subdivision: 118000 Naples Improvement Co. Little Farms Plat Book 2 Page =: 2 Property I.D. =: 61045840005 DEC 0 8 1998 ~,q. /? Metes & Bounds Description: ..\ Portion ofl.ot 72. Nap. Les Jmpmvcmcnl Co's Little [:arms. Plat Book 2. Paue 2. Collier (..'ountv. [:londa Size ofpropertv: 1260.8 lt. x 334.08 Total .'ScI. Ft. 419.67694 Acres 9.63 Address/general location of subject property: l.ot 72 fa portion ol"l \Vest of Goodlette Frank Rd., South of Cvprcss Woods Drive. F. ast of Tamiami Trail North, even w/th 12m Street l North of Frank Whiteman Boulevard :.'~l.jaeent zoning and land use: Zoninu N Residential l.and Usc S~nule Family S Residential Sinul¢ Family E Residential Sint~le Family W Commercial & Ak'T/cultural Does proper~y owner own contiguous property to the subject property': If so. give complete legal description of entire contiguous property. I lfspace is inadequate, attach on' separate page).. Section: N.'A Township: N/A Lot: N.A Block: N,'A Plat Book N'A Page ;." N.,'A Mete & Bounds Description' N/A Range: N..'A SubdMsion' N'A Property I.D.::: N/A Type of Conditional l'se: This application is requcsUng conditional use · ". 6 of thc RSF district fi)r cr¥1,~:(,'~ s}: ACI.F Present Use of the Properb.': RMF-6 BEC 0 8 1998 Evaluation ('riteria: Provide a narrat~',¢ statement dcscr~bin,..., ti'Us request. tbr conditional use. NOTE: Pursuant m S,..'ct~on 2.7.4. of the Collier County [.and Development Code. stat'l's rccommendation to thc Planning Commlssion and the Planning Commission's recommendation to the Board of'Zoning Appeals shall be based upon a finding that the grantln~ c~!' thc conditional use ,.vii! not adversely affect th(.: public interest and that specific requirements govcrnin~ the individual conditional usc. ii'any, have been met. and that further, satisfactory provision and arran.~emcnt have been made concerning the following matlers. where applicable. Please provide detailed response to each of the criterion listed below. Specify how and whv the request is consistent v,'ith each. ~Attach additional pages as may be necessary). The Pditioncr. in r,,zquesting Conditional Usc :~6 to zoning classification Residential Muhi-farnilv.fi District IRMF-fi !. has l~mnd tha~ a group care facility is compatible v.'~th existing land uses in the District and that the project, as proposed, would enhance and benefit thc surrounding properties. Describe how the project is consistent x,.'nh the Collier County t.and Development Code and Groxvth Management Plan ~include information on how the request is consistent with the applicable section or portions of the future land use element 1: The project, as proposed and as shou. n in thc accompanytng materials, is consistent with the Collier County Land Development Code and meets or exceeds the code requirements. This is particularly true in thc areas of setback, buffering and landscape requirements. In addition, the proposed project is consistent with thc County's Grow'th Management Plan in all areas. The project plan employs good urban planning techniques to mana_e the impacts on community infrastructure and is consistent with the County's future land use goals. The project is located in an area identified for similar compatible development in the Growth Management Plan. The subject tract is located on Goodlette Frank Road midway between Pine Ridge Road and Golden Gale Parkwav. This strategic location allows the site superior access for this type of faciliw without adverse traffic impacts. The project shall be served bra complete range of services and ut/l/tics as approved by the County or regional service providers. The project is compatible with adjacent land uses and will minimize or eliminate noise., dare. odor or other impacts the internal arrangement of structures, the placement of b~ OEO 0 8 1998 the proposed &velopment slandards for the project The project plan includes open spaces, preserve areas anti natural features that ,.,.-ill enhance this prqlcCt and thc beauty and function of adjoining lands. Describe the existing or planed means of ingress and egress to thc property and proposed structure thcrcor~ v,'ith particular reference to automouve and pedestrian safety and corwcnience, traffic Ilow and control, and access in case of lire or catastrophe: Primary access to the project site will be vm a mmn entrance on Goodlette Frank Road that will comply with the County's Access Management Ordinance. Secondary and additional cmcrgcncy access ,.rill be via Hollygate l.ane. Vehicle and pedestrian movement within the project vdll be designed to I'acilitate thc safe movement of both. Describe thc effect the conditional usc will have on neighboring properties in relation to noise, glare, economic and odor effect: ,-\ny possible effects of the Conditional [.,;se such as glare, noise, economic and odor have been mitigated or eliminated through the application of effecuve design such as arrangement of structures and buffering. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The use ofthis site as an adult living facility For residential use is completely compatible w/th the adjacent residential uses. In addition, the Goodlette Road Corridor currently serves two similar fac/I/ties. All impacts to adjacent residential areas are minimized v,'ith access control. building setbacks and buffering. Please provide any additional information which you ma,.' feel is relevant to this request: ACLF provides housint~ fbr the elderh', whose needs do not impact our schools, have no need of jobs. increase our sales tax base. keep their savint~s to our local institutions, do not uenerallv impact our roads and provide revenue to our local hospitals. AGE ~'~D DE(.: 0 8 1998 lndependenl And Assisted 1'" . a,, InK Overview The personal care program ',,,'ill offer assistance v,'id'~ a number ol'"activities el'daily living" for the members of the thcilitv. Licensed Practical Nurses and Cenilied Nursinu Assistants ,,,,'ill provide assistance with medication, bathing, dressing, grooming. ambulation and other daily living activities. Addition;div. thc program wilt include the l'ollowint~: Wellness lectures. Health seminars. Physical therapy Assistance In locating physicians and health care specialists. Accessibility to Home Heahh Care agencies. Below ~s an overx'~cw el'the services provided lo the residents of the assisted Iix'inv. and independent IMng units. These are included in their lease agreement. With rcuar~s to the assisted living resident, their leases w/Il be based upon thc number of ADLs that covered. The independent living units will have the followme items: ()nc to two meals per day: Schedule transportation: Monthly housekeeping services: Securitv: Emergency call system: Recreational and social activities. The assisted living units w/Il include the following items: Three meals per day and snacks: Weekly housekeeping: Personal laund~' and linen service: Assistance w/th actixities ofdailv living. DEC 0 8 1998 I0. Il. l)ecd Restrictions: The count,`' ~s legally precluded from cnl'orcing deed resxrlcuons, however, many communities have adopted such restnctmns. You may ,.`.~sh to contact the civic or property owners assoc~atmn ~n thc area for v, hich this use is being requested in order to ascertain whether tlr not thc request is affected by existim2 deed restrictions. Previous land use petitions on the subiect property: To your knovdedge. has a public hearing been held on this property w~thin the last ,,'car': IFso. ,.,.'hat was the nature of that hear/nu'? No Additional Submittal requirements: In addition to this completed applicauon, thc following must be submitted in order lbr your application to be deemed sufficient, unless otherwise xvaived during thc prc-applicatmn meeting. a. A cop3' of the pre-applicaOon meeting notes: Ten { 10) copies ol*a 24" x 36" conceptual site plan [and one reduced 8 ',':" X I 1" cop.,,' of site plan], drawn to a maximum scale of I inch equals 400 feet. depicting the following [Additional copies oFthe plan ma,`' be requested upon completion of staff evaluation lbr distribution to thc Board and various advisory boards such as the Environmental Advisory Board IEAB). or CCPC]: all existing and proposed structures and the dimensions thereof: · provisions for existing and/or proposed ingress and egress (including pedestr/an in,ess and e~ess to the site and the structure(s) on sitel, 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 ofsolid waste (refuse) containers and se~'ice function arms. · required yards, open space and preserve areas. · proposed locations for utilities (as well as location of existing utility services to the site). · proposed an&or existing landscaping and buffering as mav be required bv the Count.,,'. type. character, and dimensions I such as height, area. etc. location of all sigms and lighting including a narrative statement as to the DEC 0 8 1998 STATE.MENT OF I"1'11.1'I'3' PRO%'ISION.'4 I:OP, CONDITION..t.i, t!SE REQUEST I. NAME OF APf'I,ICANT: 2. MAIl.lNG AI)DRI'-SS: Naples CITY American Sen'icc & Fundinu Corp. 2150 Goodlette Rd.. Suite 307 Florida ZIP 34102 3. ADDRESS OF SUBJECT PROPERTY ttF AVAII.ABLEI: 4. LEGAL DL:SCRIPTION: Section: '~'~ Township: 49S Range Lot: 72 Block: Subdivision: 118000 Naples Improvement Co. Little Farms Plat Book 2 Paue,: 2 __Property I.D. ,: 61945840005 Metes & Bounds Description: A portion of Lot 72, Naples Improvement Co's. Little Farms. Plat Book 2. Par, e 2. Collier Count,,'. Florida 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 [] 1998 TYPE OF WATER SERVICE TO BE PROVIDED: a. COtJNTY U'FILI'FY SYSTEM b. CITY UTILITY SYSTI!M c. FRANCHISI'..D tJ'FII,ITY %YSTI!M I)ROVI DI':~ d. F'RIVA'I'I( SYSTI'!M iW[(l.l.I 7. TOTAl. P()I'tJI,A'['I()N '17) [:Iii NliR'v'l!I). 2(1(I 8. PEAK ANI) AVERA(}t:. DALLY I)EMANI): IF PROP()SING TO BE CONNECTED TO COLi. IER COUNTY Rf':GIONAI. WA'FER SYS'IT;M. I'I.L:ASI:. lq'>,OVll)l~ TI Iii DATE SERVICE IS EXPECTED 'I"O [')fi RI:QUIR.[!D: NARR,,VI'IVE S F,,\ FEMIzN I: 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 ofaffluenl and sludge disposal. If percolation ponds are to bc used. then percolation data and soil involved shall be provided from tests prepared and cerlified bra professional engineer. Il. COLLIER COUNTY UTIIATY DEDICA'FION STATt-iMENT: If the project is located within the services boundaries of Collier Countv's utility service system, v~witten 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 thcilities in accordance ,,,,'/th all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection lees x,,511 be paid to the Counw Utilities Division prior to the issuance oF building permits bv the County. If applicable, the statement 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: [Jnless waived or othenvise 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 lhat provider indicating that there is adequate capacity to serve the project shall be provided. O EC 0 8 1998 CONI)ITIONAL USE AI'I'LICATION SI~B,MITTAI, CIIECKI,1ST THIS COMPLETED ('11E('KLIST IS TO BE SUBMITI'FD WITtt ..\PPI. IC..VFION PACKET! REOUIRI'2vII':NT PROVIDED "OF WA IVF. D COPItiS N/A I hslon~l & Archaeoh~cai Su.~.~v or Wap.'t.~ A,p~hcauon 10 Co~c~ of Conc4.T~u.~l Slit: Plan .As thc authorized agent/applicant for this petition. I attest that all of'the ,nt'ormat,on indicated on this checklist is included in this submittal package I understand that failure to include all necessary, submittal information ma.,,' result in th~elay of process this petition. AdEN~A P P~T-S IG~;ATURI-: ~ATE/ DEC 0 8 1998 AFFIDAVI'F We / I, American Service & Funding Corp. being first duly sworn, depose and sa,,' that v,'e/1 arrvare the owners ofthe 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 ofour knovdedg¢ and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated of County printed shall not be altered. Public heanngs v.411 not be advertised until this application ~s deemed complete, and all required information has been submitted. We/l further permit the undersig'ned to act as mv,'our representauve tn any maners regarding this Petition. American Fundin_o and Service Corp.. a Florida corporation. Trustee under Land Trust A£,-reement No. 330 .",'AM E OF O V, %TR (Print or type, .American Fundinu and Service Corp . NAME OF OWNER (Print or typet SI~.,.~L'~.i~ OWNER NAME OF OWNToR (Prim or wpe) SIGNATUT,.F. OF O~rNER NAME OF O~ ,'N'ER (Print or D'Pe) S.W. Fla. Design & Enmneedm, NAME OF AGENT (Print or type) State of Florida Counw of Collier The foregoing Applicatio~sas acknowled~,ed before, me this or , by I/eSOr, _w_l~o is ~e~i~.lly known tO me or' who has pro'dhced identification and who did (did not) take an oath. SEAL (Print Name or Notary Public) NOTARY PUBLIC Serial / Commission f~ My Commission Expires: AG E~'~ 1998 RESOLUT:~,' A RESOLUTION RN ADULT Li','ZI:G FACiLZT':' .nC.:;DiTiS:;AL USE "6" THE "Rt.:F-6(3)' ZONING D'STF. iCT ?URSUAt;T TO SECTiCI; 2.2 , ~: THE i'-L'iE?..- ..... ~'" -A:;D '~-- .... ~P'/- '- CODE .... u~¢=. ...... :.h~ F$.= ~='"=:-" ~OSATED ., =z ....... 22, TOWNSHIP 49 SOUTH, ~J:t:SE ..~ EAST, COLLIER COU1;TY, Fi.OR I DA. WHEREAT, the Legislature of the State of Florida in Chapter 67-i246, Laws -' f'lori~a, ar, d ~ ''~ ' Flori ..... a~,..:~ 25, da Statutes, has ~'~'~nr t~.~ ~'we establl ' coordinate and -.,.¢rce zoning and such busln~.ss .... :~"".u~l.~,,s:~ as ar~_ necessary for the - - ,u ..... = ........ 91-iS2} ~'nich inczuses a Ccr. pr~-,~n¢''.'~ Zcnln: Ordina-~= ~=-~-'.~'-~ ....... 'atisns for the ~'~ · ~-~'. .................... - ...... '_:unty, among which ;';HEREA£, ~ne Stiller ~cun~}' ~lann'ru ..... =='~- reing %he duly a:~=~'~, nas held a pUDilC hearln? ~.~er not:ce as in said re~ula%isns made and orovided, and has ....... c .... the advisability of Conditional Use "~" cf Sec%ica 2.2.5.3 in an "RME-ai3)' Zone for an Adult Livln? Eaci!ity (AL?} cn the property hereinafter described, and has_~3un~ as a .,.a ....... =_c a>:r. lSlt "A") that s~..s.~--~ ~-ctory ~rcvlslcn and arrangement nave been mace concerning all applicable matters required by said regula%ions and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Ccr~mission: and WHEKEAS, ali interested partles ha~e been given opportunity to b~ heard by 'h~: Board in a o ..... m~ting as .... . -- s ..... ed and the Boar~ hav~ng conszdered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZOI¢ING APPEALS of Collier Coon%y, Florida that: -i- AGE~ ~,T 3i.'g 0 8 1998 The petition filed ky Alvin J. ZanCzr, ark cZ £c2tnwes% Florida Exhibit "h" which :s at%ached hereto and incor~rate~ by reference herein 2.2.5.~ of the "P!:F-6','~)" Zcr. lr.,~ Di:~Lr:ct for an Adult Li'.'in~ .a_l~.~y (ALF) in accordance with :he Conceptua~ :-:aster Plan {Exhibit and sub]eot to the following ccnJitions: Environmental perm:thing shall be in accordance with the State cf rlcrima Envircnr~ental Resource Permit Rules and be suL3eut to :evlew and approval by Current Planning Environmental Staff. Removal of exotic vegetatlcn shall not be counted towards mltlgation for impacts to Col!let County iurisdictlonai wetlands. An exotic v~u~-at!sn removal monitc, rlnc and r~aintenance (exo%:c free) ~ian for t2e s~te, with em~-hasis cn areas cf re%alned nasive vegetatlcn, shall for review ............. ~ .... agpru-.'al . Co~,issisn ~?.3:~'~F2] r_~-rclng~ = ir, pacts ts protected wildlife s~=-i~=. _ .......... Wh~-~ ~rst~c-~~ ~_p_sies are observed on s,.e, a Habitat ~.,=nasement Plan for those protected species shall be submitted to Current P!ann~nc :nv:rc~,ental S,a., r review and amproval pri:r to flnai s:%e plan/ccns%ructlcn plan approval. Under the present four-lane condition of Goodlette Road, a full median openln~ may be permitted pending a review cf the area's crash h~story and potential turn2ng movements for the proposed project. However, engineering analysis may show that the median opening should be constra;ned %c a northbound !eft turn~ The County reserves %he right to make the final determination at any time during %he construction or operation of %he facility. Under a six-lane condition for Goodlet%e Road, the median opening shall be constrained to a northbound left turn. Approval for the driveway access shall be require~ from both City Council and the Board of County Com~,issioners as a consequence of City Council Resolution No. 3861 and County Commission Resolution No. 81-242. This approval may be made exp!ici%!y as part of the final approval as long as it is in the approving resolution. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -2- 1998 This Keso!u~ion a~op:e~ al:er r,~%:~n, seconC ant majority vc:e. Dcne %bls day cf , 199~. BOARD OF ZON'~N,~" APPEALS COLLIER COUNTY, FLORIDA AT. :.. ~ . DWIGHT E. BROCK, Clerk BY: BARBAP~ B. BERRY, Chairman ASprc'/ed as t~ Form and Legal £uf fic'~ en.-y: Mar3~rie H. S~uoen~ Assis%ant Coun%y Attcrney -3- AG E N O A~I~T F.,.~ N~ />' ~/_ DEC 0 8 1998 FINDING OF FACT BY COLLIER CO~TY PLaNNiNG COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-18 The following facts are found: Section 2.2.5.3.6 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Deve ,,~.,~g ........ Plan: Yes ~ No ingress and egress to property and oroposed structures thereon with particular reference tc automotive and oedes~rian safety and convenience, ~raffic flow and connrc!, and access ~n case of fire or canastroDhe: Adezuase ingr~s & e~ress Yes./~: No Affects neigh.boring prop,erties in relation to no'se, u~e economic or odor effects: '~z~w~ 'No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes.~<O No Based on the above findings, this conditional use should, with stipu!atiQ~%Dy attached)(should not)be recommended for approval' il~ RiV~ DATE: I I[ l ~ CHAI EXHIBIT "A" f/CU-98-18 Fi~,'DING GF FACT AGE'~O 1998 LEGAL DESCRIPTION _~? 72, NAPLES IMP~,O¥[MEI',tT ~CC3~Dd',IG 'TO THE PLAT T~:F_F~._'0;' ~'S RECORDED i:,,I PLAT ~GGK 2. P~GE 2, -aUBLIC RECORDS OF COLLIER 2gUNTY, FLORIDA ~'.)e,]l'llSIC",i AS SHOV,ffQ ifq DLZT BOCK 4, PAGE 42. :'J~LIC RECORDS OF COLLIER COUNTY, FLORIDA AND LESS E~'STERLY 700 FEET. EXHIBIT "B" t~r. /,,x /7_ i ~GE~;OA DEC 0 8 199~J _. P~. ~ EXECUTIVE SUMMARY PETITION SNR-98-5, ROB WRIGHT, REPRESENTING GLEN EAGLE GOLF & COUNTRY CLUB, REQUESTING THE FOLLOWING STREET NAME CHANGES FOR PROPERTY LOCATED IN EMBASSY WOODS GOLF & COUNTRY CLUB AT BRETONNE PARK, IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST: EMBASSY WOODS BOULEVARD IS TO BE CHANGED TO GLEN EAGLE BOULEVARD SOUTH; EMBASSY WOODS BOULEVARD EAST AND EMBASSY WOODS BOULEVARD WEST ARE TO BE CHANGED TO GLEN EAGLE BOULEVARD; AMBASSADOR BOULEVARD IS TO BE CHANGED TO GLEN EAGLE BOULEVARD NORTH. OBJECTIVE: The Petitioner requests the above referenced street name changes in order to create a new image which the petitioner states would benefit both current and future homeowners. CONSIDERATIONS: The streets in question are privately owned and comprise about 2.7 miles of roadway within the Bretonne Park Planned Unit Development. The Petitioner has met the requirements for requesting a street name change. The names do not duplicate existing street names. Of the 63 owners of property abutting the streets in question, 36, or 57 percent, have granted their approval of the change. FISCAL IMPACT: None. The petitioner has agreed to bear the cost of replacing all street signs. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. BEC 0 8 1998 SITE pLA`? OEO 0 8 1998 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98-5, changing the name of Embassy Woods Boulevard North, South, East and West to Glen Eagle Boulevard, North and South. PREPARED BY: ROS~GOCHENAUR, PLANNERII CURRENT PLANNING R~VIE~ED BY: R'ONALb'I~. I~INO, AICP, CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP, PLANNING SERVICES DIRECTOR DATE l\. o,~ .fl~ DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA"fE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-98-5 AG E NDAJ3'E~ No OEO 0 8 1998 April 17, 1998 Ron Nino Planning Manager, Collier County 2800 N. Horseshoe Dr Naples, F1 Dear Mr. Nino, I am tn,.'ing to get a street name changed. I would like to change Embassy Woods Boulevard to Glen Eagle Boulevard. Embassy Woods development, an Eli Baron project, has been sold and renamed Glen Eagle. the homeowners would like the name change to forget past problems and move forward. To the best of my knowledge all interested parties have been contacted and all agree to the name change. evwill pa,',' for all ne',,.' road signage necessary to enact the change. T..he totally road is inside the elopment and is about 2.7 miles long. The are currently only 4 homeowers, who actually live on the road, Avl Baron. ,.*.'ho has signed for the road name change and the clubhouse. We have enclosed the petition and the fee. Thank you in advance for your cooperation. General Manager Glen Eagle Golf& Countr},' Club 1403 Glen Earl,: Bo',;ievard · ~941} 352.55:",c, DEC 0 8 1998 ID-Il 352.5[',6B Fax " F,~× ~41~430e0~ _ COLLIER CO CO3Xt'XITY DES' ~001 ~YPE OF ~EqUEST: EXHIhlT [) DIVISION OF CO,~,~'NII¥ DSVELOPY, D;T LOCATION: Subdivision: Unrecorded Plat: Acreage - Secclon: LEGAL D£SCRiP~ION: To~raship: Kange: CO,~2~..ENT S: .. RECC~ATION$: pETITION T~1D TO T~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. EMBASSY WOODS BOULEVARD. FOR THF, FOLLOWING REASON(S): TO BE CONSISTENT WITH THE NAME CHANGE OF TtlE DEVEI,OPMENT, WHICH HAS ALREADY BEEN APPROVED. ADDRESS LEGAL DESCRIPTION DATE GLENMORE GREENS II, A COND(20). U-101, U-102, U-201, U-202 S-101, S-102, S-103, S-104 S-201, S-202. S-203, 2-204 O-I01, O-102, O-103, O-104 N-101. N-102, N-201, N-202 2/13/98 2/13/98 2/13/98 2/13/98 2/I 3/98 TRACT V(4) LOT-I; LOT-19. LOT-20, LOT-25 2/13/98 BLOCK 0(2) LOT-l, LOT-Il 2/13/98 BRITTANY, VILLAS(28) LOT- 1, LOT-2, LOT- 15, LOT- 16 LOT-17, LOT-I 8, LOT-31, LOT-32 LOT-33. LOT-34. LOT-47, LOT-48 LOT-49. LOT-50. LOT-63, LOT-64 LOT-65, LOT-66, LOT-77, LOT-78 LOT-79, LOT-80, LOT-89, LOT-90 LOT-91, LOT-92, LOT-101, LOT-102 2/13/98 2/13/98 2/13/98 2/I 3/98 ' 2/13/98 2/I 3/98 2/13/98 MONTCLAIR PARK VILLAS(7) BLOCK N BLOCK N, LOT I 2/13/98 BLOCK N, LOT 2 2/I 3/98 BLOCK N, LOT 3 2/13/98 BLOCK N, LOT 4 2/13/98 BLOCK N, LOT $ 2/13/98 BLOCK N, LOI 6 2/I 3/98 BLOCK N, LOT 7 2/13/98 MONTCLAIR PARK VILLAS(6) BLOCK F BLOCK F. LOT 1 BLOCK F, LOT 2 BLOCK F, LOT 3 BLOCK F. LOT 4 BLOCK F, LOT 5 BLOCK F, LOT 6 2/I 3/98 2/13/98 2/I 3/98 2/13/98 Page 2 (cont.) PETITION FOR STREET NAME CHANGE OF EMBASSY WOODS BOULEVARD TO GLEN EAGLE BOULVARD. BLOCK M (2) BLOCK M, LOT 1 BLOCK M, LOT 25 TRACT T-3(4) TRACT T-3, LOT 1 TRACT '1"-3, LOT 29 TRACT T-3, LOT 28 TRACT T-3, LOT 46 2/13/98 2/! 3/98 2/13/98 2/13/98 2/13/98 2/13/98 GLENMORE GREENS I, A CONDO.(24) A-101, A-102, A-103, A-104 A-105, A-106, A-107, A-108 A-201, A-202, A-203, A-204 A-204, A-206, A-207, A-208 A-301. A-302, A-303. A-304 A-305, A-306. A-307, A-308 2/I 3/98 2/13/98 2/13/98 2/13/98 ~13/98 2/13/98 MONTCLAIR PARK VILLAS(12) BLOCK ~. I,OT I BLOCK tt: LOI 2 BLOCK ~ LO'F 3 BLOCK 1~. LOT 4 BLOCK O, LOT 1 BLOCK O, LOT 2 BLOCK O. LOT 3 BLOCK O, LOT 4 2/13/98 2/13/98 2/13/98 2/13/98 2/i 3/98 2/13/98 2/13/98 2/13/98 2/13/98 2/13/98 2/13/98 2/13/98 TRACT T-2(1) TRACT T-2 2/13/98 TRACT A(4) 1403 EMBASSY WOODS BLVD. t405 EMBASSY WOODS BLVD 1500 EMBASSY WOODS BLVD 1516 EMBASSY WOODS BLVD 2/I 3/98 2/I 3/98 2/13/98 2/13/98 t~t_ocl< O t.-o7 2._ DEC o 8 1998 Oct 23 98 12:2.0~ Glen Eacle Golf & C. C. 941-352-5563 ~)0o2 p.2 DATE: FROM: TO: Ro$~ Gochent~ur Current P 1 a.m-u.in g RE: SNR 98-5 The Property Appriuser's Office Lndic.~tcs thnt there axe ~"~ _ ~o~ o~s abu~ng ~e s~eets ~ quesUon. We have received ai~a~s of ~ ~ of ~ese propc~ o~s approve ~e ~o~s~ ~gc. ~s number conspires _ ~ ~rcent of the tot~ n~r of p~y o~cra, ~ereby exceed~g ~e 50 ~r~nt plus one s~.et'~res rcqu~ ~ apply for thc sb~t name ch~gc. DEC 0 8 1998 Ru¢ 25 98 01:28p Glen Eagle 0o1£ & C. C, 941-352-5563 p.1 As an owner at Glen Eagle Golfand Country Club, agree to have the strcet name cha.ged h, ¢;let~ Eagle Doulovard. GLE-N EAGLE Glen Eagle Golf& Country Club 1403 Embassy Woods Bird Naples, FL 34104 August 25. 1998 To whom il may concern. (~jown properly 3- > ~' in the Glen Eagle Golf and Country Club, which is considered acent to Embass~,/~s Blvd. I agree to the proposed name change of Embassy Woods Bird to Glen gle Blvd. No, / / 1403 Glen Eagle Boui(,~'ard · Naples. Florida 34104-8749 · (941i ,.,.-.,.,. C, o (glI DEC 0 8 1998 .... · .~.,C,., Po. ~uC ~5 ~6 01: I(1~ G]en EaClr Gol¢ I, C. C. ~41-3S~.o55G3 As an or. ncr ,t Glen Eagle Golfand Country Club. agree lc, h,,.c the ~reet name changed In Glen Eagle BouJevard. AG E ~D,~T E~ DEC 0 8 1998 pq._ // _ GLEN EAGLE GI~ ~le ~lf& C~try CI,~ 1403 ~ b~.~ N~I.. FL 34)04 To vY~:.n k rn~y ~. -.4j~n! m E, mbu~ Wood~ Blvd. -! ~ 1;o the !~ nm. me ch~ of E,,'nl:m~'y Wood~ Blv~ to OSm Blvd. 1403 Glen · N~plcs, Florid,~ 34104.[17dD · (,r-)41)352.5550 · (941)3.52.51 63 Fa~,o. ~'~' "~ DEC 0 8 1998 RUC-27-98 THU 11:53 GLEN F_AGLE P. 02 OIc'n F~lc Out[& ¢~'y 140J t-mba, ss7 Woo~s Bird N~>I~, ~L 34104 To m'x:m~ it tray conca~ own i:n'ope~. C_ - ! 0 ~' __ m thc Gr= Ea~Ic C, u1(~ C~ Club. / DEC 0 8 199~I __ Pa. /..1 _ IHT. BY ST~C~ TEL 516-TcJg-5~';~ P. 1 bl~n Eagle GoJt' I. ~. C, 941-35~-55G3 p,] (;1 Goff & C0u~v'y Club Woud~ BJYd ~,4104 To m the Giro Eagle Golf and Countr), Club. whi~ i~ oc~sicka'ed £m':~e.~y Woo~ Rlvd. ! agree Io thc p~opo~:l n~me chmS~ of £mb~uy Woods Bh.d 1402 ,~1¢ ~Joulcv~rd · NaN :~ t'lu:'H;~ :HiO~.~,~ . (9'1;) 332.5536 · (94;} 352.,'33(~3 Fax DEC 0 8 1998 GLEN EAGLE ./ , ('/ f' , , OEC 0 8 1998 ,.. GLE'N EAGLE Glen Eagle Golf& Country Club 1403 Embassy Woods Bird Naples, FL 34104 Augx~l 25, 1998 To whom it may concern, I own property in the Glen Eagle GoIfand Country Club, which is considered adjacent to Embas.D. Woods Blvd. I agree lo the proposed name change of Embassy Woods Bird to Glen Eagle Blvd. Sincere/y, i403 Glon Ea<,? a- · .gaples. Florida 34104-8749 · (9,~) 352-55:',C, · ~ ' " GLEN EAGLE Glen '---~gle Golf& Country Club 1403 Embassy Woods Blvd Naples, FL 34104 August 25, 1998 To whom it may co~ccrn, ] own property '~/~ / adjacent to Embassy Woods Blvd. Eagle Blvd. in the Glen Eagle Golf and Country Club, which is consid~ed I agre~ to the proposed name change orEmbassy Woods Bird to Glen Sincerely, 1403 Glen Ea~le Boulevard · Naples. Florida 34104-8749 · (9411 352-5556 DEC 0 8 1998~ 352-5563. Fax Po._ I7 - GLEN EAGLE Glen Eagle Golf,& Cotmtry Club 1403 Embassy Woods Blvd Naples, FL 3,1104 August 25, 1998 To whom it may concern, d5 o,*'n property~j~..., s' -..~LgL/,.a in the Glen Eagle Golf'and Country Club, v,~ich is considered acen! to Embassy Woods Blvd. I agree lo the proposed name change of'Embassy Woods Bird to Glen le Blvd. I403 Glen Eagle Boulevard · Naples. Florida 34104-8749 · (94I)352-5556 · {9-i NO. / / /~ DEC 0 8 1998 I ,,:,.-:~a63 Vax ~,, /0c'' .... Glen Eagle Golf& Country Club 1403 Embassy Woods Blvd Naples, FL 34104 August 25, 1998 To whom il may concern, I own property '~ i~ '~ ' ~' > ~ ~ '~ in th~ Glen Eagle Golfand Count.O. Club, which is cxmsJder~ adjacent to Embas.D. Woods Blvd. I agree t~ the proposed name change of Embassy Woods Blvd to Glen Eagle Blvd. Sincerely, / tJ 3-,10~-8 t-LO Naples. Florida' ' ' - · (94I}352-5556 · (d.~ ' AGENDA NO. ~ DEC 0 8 1998 GLEN EAGLE Glen Eagle Golf& Counlry Club 1403 Embassy Woods Bird Naples, FL 34104 August 25, 1998 To whom it may concern. l-,Oa Glen Eagle Boulevard .Naples. Florida 34104-8749 · (941) 352-:5556 . DEC 0 8 19'98 9-17-1998 8=~3Af! FRC~4 T~A~ CONST CO 7~B 289 1359 ~ep 17 98 09:55a Glen Ell;l~ Goi¢ ~, C. C. 941-352-5553 GLEN £AGL£ p.! Golf a. Embe.~ Woc~ 3410,4 Augurt 2.~, 1 ~l · N;4p;es. I;'iond~. 34104-87,;9 · (941} 352.555(; DEC 0 8 1998 (~LEN EAGLE ~_~~ ~~ ~ Glen Eagle Golf& Country Club 1403 Embaasy Woods Bird Naples, FL 34104 Augt~t 25, 1998 To whom it may cancern, I own prope~ ~' ~ in the Glen Eagle Golf and Country Club, which is considered adjaomt to Embassy Woods Blvd. ! agree to thc proposed name change of Embas.Ty Wooda Bird to Glen Eagle Blvd. AOE ND~TE ~, Sep 17 98 02;31p Glen Eagle Golf & C. C. 941-352-5563 p.2 G LE N EAG L E Glen Eag[c Golf& Country Club 1403 Embas.~. Woods Bird Napl~, Fl. 34104 Augu~ 25, 1998 To whom il may concern, adjacent to Fmhe.~.,ry W(~nak Rlvd. ~g]¢ Blvd. in lhc Glen Eagle UoIfand Cotmtry Club, which is considered I agr~ to the p~'~,a:f name cha~g¢ of Embas.~ Woods Bird to Glen 1407, Cle. n Eaglc Bo,levard AG E NDA~.3' EJd DEC 0 8 1998 ,t41014749 * (fl41)332 555(i · (9,11) 352-5563 Fax Pa. ~ ~(enne~h E. FuJton $2! Lan~owne Westport, CT 06880 t AGENI~ }.,~ E M DEC 0 8 1998 P~. ,~4 ^~E ~,,~ No. ! ! ':'"'~ ;.::.:f'J~.':'~Jig'.: .*:':.5.:' ;:'. "::.'.:' l ~.' :" : ~ "'.'?~ " May 21,- 1998' .... .. o-/ .:..:'..'/-'.,,,'~ ~:. ..-. J :~, .. . :. .~ . ~. : ...::?.....'.' ;:~ .. To Whom It May Concern, :; ' '.-'.'..<:"" '"' ~-' :' .' ~~'i ' : . '." ,....:..,' '-.,'~, ..;~ ~. ' ."; "-."".'2'~ ~ ....... ~:,.' . We concur with the proposal to change Embassy Woods Blvd to Glen Eagle Blvd. Laura E. Loos 1051 Eastham Way #B-201 Naples, FL 34104 No. IV ~ DEC 0 8 1998 /17/i~ 18:22 ?15-385-206g MEL AND SANDY POPP PAGE 81 AG ENp.,~ Kr/~ M Ne. ~ .... DEC 0 8 1998 2 $ 7 lO 11 12 15 RESOLUTION NO. 99- RESOLUTION RENAmiNG EMBASSY WOODS BOULEVARD TO GLEN EAGLE BOULEVARD SOUTH; E::BASSY WOODS BOULEVARD EAST AN5 WEST TO GLE:~ EAGLE BOULEVARD; AND AMBASSADOR BOULEVARD TO GLEN EAGLE BOULEVARD NORTH, WHICH STREETS ARE LOCATED IN EMBASSY WOODS GOLF & COUP:TRY CLUB AT BRETONNE PARK SUBDIVISION, AND LOCATED IN SECTION 5, TOWNSHIP 55 SOUTH, 9ANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Co~missioners is authorized pursuant to 1~ authority of Chapter 336.05, Florida Statutes, to name or rename streets 17 and roads, except for certain state roads; and WHEREAS, the Board of County Cc~r~issioners has been requested to 19 ccnfirr, the renaming of Erabassy Woods Boulevard to Glen Eagle Boulevard 20 South; Er~assy Woods Boulevard East and West to Glen Eagle Boulevard and 21 ~r~assa~.sr Boulevard to Glen Eagle Boulevard North. These streets are 22 located in Section 5, Township 50 South, Range 26 East, Collier County, 23 Florida, Br~assy Woods Golf & Country Club at Bretcnne Park, according 24 to the plat thereof, recorded in Plat Book !7, Pages 73-67 and Plat Book 25 30, Pa~es 2i-23, of the Of~' ~ ~^-~ ~ ~ · - ~la~ R ..... s o~ ~c.lle~ ~ ..... j Florida; WHEn. BAS, there appear to be no s~reets in Collier County with this ~? name these names or any similar sounding names; and 28 WHEREAS, it is necessary for identification purposes ~o confirm the 29 name of the streets, 30 l~OW THEREFORE, 5E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ~: OF Cu~.=ER CCUNTY, FLORIDA: The name of these street are hereby changed from Er~assy Woods ]3 Boulevard to Glen Eagle Boulevard South; Embassy Woods Boulevard East and 34 West tc Glen Eagle Boulevard North; and ;urbassador Boulevard to Glen 35 Eagle Boulevard and are confirmed as such. 36 BE IT FURTHER RESOLVED that this Resolution be recorded in the 37 Public Records of Collier County, Elorida, and noted upon the maps of the 38 street and zoning atlases of Collier County, and notations made on the 39 referenced Plat. 4o 41 42 ATTEST: This Resolution adopted after motion, second and ma]ority vote. Done this day of , 1999. DWIGHT E. BROCK, Clerk Approve~ as to Form and Legal Sufficiency: ~q ,, ~ ., ; . z "On. ~ iqa ~j~- M. Student Assistant Coun[y Attorney BOARD OF COUN.. COY24iSSIONERS COLLIER COUNTY, FLORIDA BY: Chairman NO ~ DEC 0 8 1998 po. '$0 EXECUTIVE SUMMARY PETITION SNR-98-11, COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, REQUESTING A STREET NAME CHANGE FROM ATHOL COURT TO ATHOL WAY, LOCATED IN BRITTANY PLACE PHASE TWO, IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from Athol Coud to Athol Way. CONSIDERATIONS: The Petitioner is requesting this change due to the similarity between the name "Athol Court" and the name "Atol Court." Collier County Ordinance 97-9 states that no street shall bear a similar sounding name as any other street in incorporated or unincorporated Collier County. This ordinance further states that, for a street name change where the public health, safety and general welfare would be affected by the existence of a duplicate street name, the Administrative Official (the Building Department Director) or his designee can submit an application directly to the Board of County Commissioners. No petition bearing the signatures of fifty percent plus one of the owners of property abutting the street is required. FISCAL IMPACT: Athol Court is a private street in a development currently under construction and street signs are not yet in place. There will be no fiscal impact. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 98- 11, changing the name of Athol Court to Athol Way. DEC 0 8 1998 PREPARED BY: RbS'S GxO~"'~ENAUR, PLANNER II CURRENT PLANNING RE'/IEWED ~Y: .--~ ~ F~ 4~kLD F. NINO, AICP, CURRENT PLANNING MANAGER D~TE ' DATE 'ROBL;:riRT J. MULHERE, AICP, PLANNING SERVICES DIRECTOR DATE APPROVF~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-g8-11 DEC 0 8 1998 pg, ~ _ APPLICATION FOR STI~EET-N'AM~F~~$ S NR98- 11 Collier County Ordinance 97-9 states that County streets may. be renamed by. a petition of rift:,' percent plus one of the property owners aDutting the street to be renamed pro,tided that the proposed name doe~ not duplicate an existing name. Applicants must verify with the Addressing Section of the Collier County Planning Department (403-2482} that the proposed name is not a duplication prior to submitting the application. The application should be for~varded with a cover letter describing the proposed change to: Ronald F. Nino Current Planning Manager Communi~, Development Services 2800 North Horseshoe Drive Naples, FL 34104 The application must include the following: 1. A petition of rift3' percent plus one of the property owners abutting the street to be renamed ' 2. A site plan of the street to be renamed, showing the length of the street in tenths of miles, the location and number of street signs, and the zoning of abutting properties 3. The legal description of the abutting properties, including section, township, range, and subdivision (as applicable} 4. The reason for requesting the change 5. An administrative fee of $10 (ten} plus $I {one) for each property ovmer requiring notification of the proposed name change (check to Board of Count' Commissioners) Agent's name '~_C__~.~.._~I:~I~_3:~i~/~:x~V.~.)~:k,~_~-~'~ne # l_)t~.--~ _~/._1~.~ Agent's fi~m ~'_: ~_k~ \ k~ C'.C_k~ ~-%"q '~5'~-"~ C='LC,'~'q\~---~..IX- '~-'~----~._kj Agent's address _'-~C'b(~3 ~ ¥~C~'~"~..%'~-~--.~kC3~ Petitioner's name I~)~---C._--C.~4 .~1~..~;~..~---1.._~ Phone # Petitioner's address ~_'("'x~) ~ ~--~C~-'~~k~ ~)~_..[ Proposed change: from ~2~'-~' ~-k~._ C.J~_~,~z;~"~ to ['~W~-~(~.__ Street in question is l"l public, or ~private Applicant [] does, or [2/"does not agree to pay cost of sLreet sign replacement for public street ($100 per sign) Number of abutting property owners . 1 Number of owners signing petition Legal description (section, township, range, and/or subdk~sion, as applicable} of all abutting properties; add separate page if necessar3.'J~.7_C_'9,~vA _~ 0 8 199 pg. '.~ e ~';VED' TYPE OF REQUEST: DIVISIOX Proposed Stree~ Name: Street Name Change: Address: LOCAT iON: Subdivision: Unrecorded Plat: LEGAL Acreage - Section: Rr-kSCN (if applicable): ~-~'t-~_,~-- DEC; 0 8 1998 ~ ....~, ~ne Boa:~ %: 2cuF.~y lsx~.~£s~oner~ nas ~een reques~e~ to c~nf~r~ 'h,: renar.~n-~ cf ;,'.L~] l~.r~ ~5 At,,c! Way. This street ~s lccate~ .......... '' -~ ..... .... :,, 7cwnshl~ 5' ..~..' "h, ~ar.:~.. 26 East, Col'let County, Florida, Br~%tar, y P'-~.~e Phase z,' ascsr~nc' %~ %ne ~iat thereof, recorded in Plat Book 30, Pages 29-3i, of %he Official Reccrss cf Cciller County, F!crida; WHEREAS, there a~pears ~.~ be nc str._t-~ :n Collier County with this nar, e or any slmilar scun~i~$ nar~e; and The name of this street is herety chan~ed from Athol Court to Athol Way and is confirmed as such. BE it FUP. THEP RESOL'/£L that th~s ~esclut:cn be recorded in the Pusiiz Pezcrds cf Collier 'S~unty, Fl5rlsa, and nctec upon the maps cf the referensez Fia~. -~-.~-- Z~sc~"t~'- adcs'~- -~'~ ~ ~ r. aj~':ty' vote AllEY. T: ':C-LZEF C:.'.;;;TY, FLOF.!F_,A Cnalrman EXECUTIVE SUMMARY PETITION: PUD-86-12 (3), DONALD W. ARNOLD OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING JOHN B. GOODMAN LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP, REQUESTING AN AMENDMENT TO THE "BRETONNE PARK" PLANNED UNIT DEVELOPMENT (PUD), FOR TIlE PURPOSE OF ELIMINATING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNATED TRACT AND REPLACING THOSE USES WITH AN ASSISTED LIVING FACILITY (ALF) THAT INCLUDES A SKILLED/' NURSING FACILITY AND OTHER ANCILLARY USES, INCREASING THE BUILDING HEIGHT FROM 30 FEET TO 50 FEET, AND PROVIDING DEVELOPMENT STANDARDS FOR THE PROPOSED ALF FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF DAVIS BOULEVARD (SR-84) AND EMBASSY WOODS BOULEVARD IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Bretonne Park PUD, Ordinance Number 87-15 as amended for the purpose of eliminating commercial land uses on a commercially designated tract of land and replacing those uses with an assisted living facility (ALF) as noted above along with increasing the building height from 30 feet to 50 feet and providing development standards for the proposed ALF. CONSIDERATIONS: The intent of the proposed PUD amendment is to eliminate commercial land uses on a commercially designated tract of land and replacing those uses with an assisted living facility (ALF) inclusive of a skilled nursing facility. This change will allow a maximum of 210 assisted living units and 60 skilled nursing facility beds which are subject to the Floor Area Ratio (FAR) requirement of .45 as established in Section 2.6.26 of the Land Development Code. Since the proposed building does not exceed a FAR of 0.45, this petition is consistent with the Future Land Use Element (FLUE) of thc Growth Management Plan. In addition, the Development Standards for the commercial uses have been eliminated and replaced with standards for the assisted living facility as follows: The setback from Davis Boulevard has been increased from 35 feet to 80 feet while a 15 foot side yard setback has now been provided. In addition, the maximum height has been increased from 30 feet to 50 feet to provide more open space on-site. Lastly, thc required parking requirements for the ALF has been added at one space per unit and 2 parking spaces per 5 skilled nursing facility beds. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Bretonne Park PUD or effect the currently approved residential properties within or adjacent to the PUD. In addition, the front yard setback from Davis Boulevard has been increased from 35 feet to 80 feet to offset the impact of an increase in building height from 30 feet to 50 feet. The proposed revisions will permit the ALF to provide greater open space areas while still meeting the maximum F,,~R. as required in Section 2.6.26 of the [,DC Lastly, the proposed increase in the maximum allowed building height will not adversely impact any residential uses since the ALF tract is bu and the community center/golf course area. Therefore, the elimination of the commerci,' uses in favor :1. DEC 0 8 1998 of an assisted living facility will improve compatibility with the existing residential uses within this PUD. It should be noted that the cxisting commcrcial tract was inconsistent with the FLUE but was made consistent because the project is a DRI and therefore vested by virtue of its approval date. The current PUD Document permits neighborhood commercial uses which are more intensive than the proposed ALF use. Since the proposed building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved land uses in the area. The proposed ALF fa~:ility will generate 93 percent less vehicular trips than the currently approved neighborhood commercial uses. In the original ADA, the commercial tract generated 66.7 percent of the total project traffic. The proposed project contributes 11.I percent of the total project traffic. The GMP consistency review states that approval of this petition is consistent with policies of the TCE. Due to the holiday season, this petition has been scheduled for the December 8, 1998 public hearing before the Board of County Commissioners (BCC). Therefore, the results of the December 3,1998 Collier County Planning Commission (CCPC) meeting will be presented during the BCC hearing of this item. No correspondence for or against this petition have been received. FISCAL IMPACT: None. GROWTll MANAGEMENT IMPACT: Approval of this amendment to the Bretonnc Park PUD Document is only to eliminate thc commercial land uses and replacing same with an assisted living facility/skilled nursing facility. Therefore, this amendment will not have an adverse impact on thc Growth Management Plan. 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. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-86-12 (3) be approved as described by the Ordinance of Adoption and Exhibits thereto made a part of this executive summary submission. DEC 0 8 1998 PREPARED BY: RAYCELI~,~)WS, PRINCIPAL PLANNER CURRENT PLAN,'NTNG SECTION CURRENT PLANNING SECTION PLANNING SERVICES DEPARTMENT APPROVED BY: VrNCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE PUD-86-12 (3) EX SUMMARYflRVB/rb OEC 0 8 1998 MEMORAND['.'s! TO: COLLIER COUN'FY PLANNING ('OMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONM ENTAL SERVICES DATE: NOVEMBER 12. 1998 RE: PETITION NO: PUD-86-12 (3). AMF. NDMENT TO BRETON~E PARK PUD COMPANION ITEM: DOA-98-3 AGENT/APPLICANT: Agent: Mr. Donald W, Arnold Wilson. M~ller. Barton & Peek. Inc. 3200 Bailey Lane. Sunc 200 Naples. Florida 3,4105 Ms. Marilyn .Mullcn llealy. Esq. Rudln. McClosky. Smith. Shuster & Russell. P.A. ...101 East Jackson Street. Suite 2700 Tampa. Florida 33602 Owner; (TiE Developers of Naples. Inc.. a Florida ('orporation Michae} Kcssous. PresMent 383g 'f'amiami Trail No~h. State 410 Naples. Florida 3,.1103 Contract Purchaser: John B. Goodman l.lmlled Par'tnersh~p. (a Minnesc, ta Pannership): Peter \Vorthingl(m. Director of Development Il 07 Hazeltine Boulevard. Suite 200 Chaska. Minnesota 55318 l.imited G£.Q GIL:~ !! U IC_L O C,MTI ON: The subject property is localed on the northeast quadrant of Davis Boulevard (SR.84) and Embassy Woods Boulevard in Section 5. Township 50 South. Range 26 F. ast. (Sec illustration on following page) REQiLF~5_~ T_E D ACTJON: The petitioner seeks to amend the Bretonne Park PUD(Ordinance Number 88-6) and Master Plan for the purpose of eliminating commercial land uses on commercially designated tract and o replacing those uses with an assisted l~ving facility (ALF) that includes a skille~ nursing facility and other ancillary uses. increastng the building height from 30 feet to 50 feet, and ro,'idin[?y~,,,,,o development standards for the proposed ALF. DEC 0 8 1998 : Il r~ _F' I I I Z 1998 BR~: TONN£ mm.m l'_[ :i[U !_( L.'~ .E,(D._F. ~C: I,U IL'[:JD~N Thc arncndmcnts to Section 4.2. (Uses l'crmitted/arc intended ehmmatmg commercial land uses on commercially desigmated 13.3 acre tract ami replacmg those u',cs v,'~th an assisted living facility fAI.F~ that Includes a skilled nursing facilitv. The intent ~s to alit',,.,.' a maximum of 210 assisted hying units and 60 skilled nursing facd~ty beds v. hlch are subject to the Floor Area Ratio (FAR) requlremems established in Section 2.6.26of the Land DcxclopmcntCode. In addmon. the Devch',?mcn: Standards for the commercial uses have been eliminated and replaced with standard.,, fi)r thc assisted l~vmg faclhty as follows: Thc sclhack from Davis Boulevard has been increased from 35 feet to 80 feet while a 15 foot s~de yard setback has noxv been provided In addIl~m, thc max~n:um height has bccn increased from 30 feet to 50 feet to provide more open space on-s~te, l.astly, the rcqmrcd parking rcquircmcnls fi~r thc AI.F ha, hccn added al one space per unit and 2 parking spaces per 5 skilled nursing facil~tv beds. ~L'J~ !L~)t:5 l) l .YGJ,;i~ 5:I). L'5 [L&~ D_ZD,X ! NG: E.x;:,l mg ('ondllmns: Thc subject PUl) Is currcnt]v c.xpcrwnc~ng ~uh,tantla] dcvclopmcnh htm.'evcr, the currently approved commercial tract is vacant. Thc property ~s zoned Brctonne ['ark PUD. Surrounding: North: East: South: West: -F. mbassv Woods Bnulcvard hast and dcvch)pcd communm.' center and golf course: Zoned: "I'U D". - Maintenance Utility Site: Zoned "PL'D". - Davis Boulc',ard anti undo\eloped rcsldcntla]: Zoned: "RMF-6" & "E". - l.akc, golfcour:,c and residential: Zoned: "PUD". (A b', t'~1~-1' ! t ..x_ L.x%.-x_ (5_[53 I_F..._',_' .TJ'.!35 ('O .",_' S ! ST_[..~ ('Y: ..\H of thc subject property is located within thc Urban .M~xed Use - [:rban Residential Sub- district on thc Future I,and [.'se Map to the Groxvth Management ['lan..,\ review of consistency relatmnshlps with elcmcnls of the GMP is as follows: [:u~.~rf.. I.~.ad.L}.e_~.-rnent - A description of Urban Mixed Use D,stncI m lhe FI.t.:[:. advises that residential uses arc pcrm~tlcd altmg u.'ith certain no,'wc,~dcntJal uses such as churches, schools. child care centers and assisted hying facilities. Because thc ALF ~s a non-rcsidentlal use, thc intcnsltv of' usc is limited to a maximum Fh,nr area ram) (FAR) of .45 llrllcs thc area of thc' property as required in SecHon 2.6.26.2.1 of thc land Dc~ch)pmcnl ('adc. Since the proposed huilthng does not exceed a F.,\R of (I.45. th~s pct~Imn ~s cons~:,icnt ,.v~th lhe Future Land Usc Element (FI.UE) of the Growth Management Plan. EVALt'ATION FOR E,XVIR_O_,NM ENT.4I,, TIL-X_N_L,5.'PORTAT_!_O,'5'_& INFRASTRUCTURE; 'Dais petition was referred to all appropriate Count}' agencies for their review. Since no level of scrvlcc ti. OS} standard will be adversely affected b}' this anacndment, these agencies have recommended approval subJect to appropriate sllpulatlons that are consistent with th~'~~t Developmenl Code and have bccn mcorporatcd into thc PUD document.~'~' //~ '~ [ DE(; 0 8 1998 2 'l"he proposed rev~sions to the 1'I..7l) dr~cument ant] .Masler Plan do not advers, ely ~mpact an'.' adopted le,.'el of service standard or bring ab(m: rcduct~ons to setback rcqu~rcmenls for an'.' principle structure. This amendment only allo,,vs for the ellmmatmn of the permitted neighborhood commercial uses and replacing same ,`vlth ar~ ass~s~ed h,.'mg facility. Staff is of opinion that this amendment will not adversely impact the development strategy for the Bretonne Park PUD or effecl the currently appro`.'ed residential properqms ,.,robin or adjacent to the PUD. In addition, the front yard selback from Da,,'is B(mlevard has been increased from 35 feet to 80 feet to allow for an increase m building height from 3¢) feet to 51'1 feet. The proposed rc`.'~smns '.','ill permit the AI.F to pro,,'idc grealer open space areas while still meeting the rnaxlmum FAR of 0.45 as required m Section 2.fi26 oflhe l.and [')c,.elopment ('ode. [Ld:lfi~.~rl.ship. t0 F. ulure ;!nd.Exisling l.,;md__L'.s~,'s: A tip, cession of th~s relatt~mship. :is II appllcs specifically to (.'oilier Coun,'y's legal bas~s for land usc planning, refers to the relationship of the proposed /onmg action to the Future l.and [~se l:.Icmcnt of. the Gr(~wll", Management Plan. The surroundln'._z pr,~pcnles ~nclude the following land uses: Thc adjacent properties to the north of thc prop~,>ed ..\l.F 'lracl is /oncd Brctonne Park Pt'i). There n, an ex{sting Commumtv ('enter and Golf ('ourse h,cated on thc north s{de of F. mbassv Woods Boulc'.'ard Fast which abuts the proposed ALi: Tract. In addmon. '.,`ater management facilmcs, lake> and golf course Pacdity extend> approximately 1.200 feet ,.,.'cst of thc subject tract. Thc Bretonne Park Master [>lan indicates that ~he adjacent properly to thc east is a area containing a maintenance ut~l~t.,.' structure. 'lT, erefore, staff is of the opmmn thai thc proposed ~ncrease m the maximum allowed bmldmg height ',,,'ill not adversel,.' ~mpact an.'.' residential uses since the ALF tract is buffered by roads and the community center golf course. Ir] adrhtion, the front yard set back has bccn increased from 35 feet to 80 feet to reduce the scale of the building along Davis Boulevard Therefore. lhe eliminatmn of the commercml uses fa,.'or o,c an as~,lsted living faciIity ,,,,'ill lmpro,,'e compatibility with the existing residential uses v,'lthm this PUD. With respect to thc matter of compatibil~ty '.,.'lth ~he FI_UE. this is an evaluation ,.,.'hose prlmars' focus ~s s~milarity of land use and rclatmn,,h~p to adjacent land uses. In thc case at hand. and based upon the Future I.and 1.:sc Plan. ~vc ha,`c an expectation that thc land '.','ill be used and developed for those commercial land uses currcntl.', authorized w~thm thc PUD. This commercial district ',,.'as mctmsistent with thc F[.I.rL: but ,`,.'as made consistent because the project ~s a DP, I. ]"he current PUD Document permits neighborhood commerc;al ur, cs '.,.hich are more intensi,.'e than thc proposed AI_.F use. In addition, the intensity of the ALF use is limited to a maximum floor area ratio (FAR} of .45 times thc area of the properly' as required in Section 2.6.26.2.1 of the l.and Development Code. Smcethc proposed building does not exceeda FAR of 0.45. th~s pctmon ~sconsistent,.v~ththe FLUE to the GMP. With respect to compatibility issues, staff Is of the opmmn that the subject petition is conslslcnt with the Collier County Growth Managcmen! Plan and is therefore compatible with o~her approved land uses in the area. Regarding thc matter of timing, it shotiT'd be apprccmted thai urban development completely encircles the site. After considering the j 3 ,, 1998 ava,labiht.v of community infrastructure and services it is clear that thc dc,.elopment of thc subject property is t~mcly and consistent with the FLUE to the GMP. 2'~_fgt.¢. - The proposed ALF facility will generate 93 percent tess ,.ehicular trips than thc currently approved neighborhood commercial uses. In the original ADA. the commercial tract generaled 66.7 percent of the total project traffic. Thc proposed pr°Ject contributes 11.I percent of the total project traffic. The primary, vehicular access point is from Embassy Woods Boulevard v.'hich provides direct connection to SR-84. In vicv.' of the adequate depth and sight dislance, thc access point should operate adequately. The final geometry and design of thc access will be reviewed at thc time of Preliminary Site Development Plan fSI)P) review. Thc (iMP consistency review slates that approval of this pemlon ~s cons~stcnt xvith policies of the TCF.. ;kLt.ih~'_Dfra~a. Ourc - Both a public sanitary soy. er and municipal x~atcr supply are available the property. All deve]opmenl must comply wllh ,urfacc '.~alcr management requirements invoked at the tm~e of site development plan approval as thc case x~ll be for development ofth~s tract of land. STAFF R E_C.,_O.M.M ENDATI ON: That the Collier County Planning Commission recommend approval of Petition PUD-86-12 (3) for the purposes of amending Section 2.3.2.5..1.2. and ..1..5 of thc Brctonne Park PUD subject lo the approval condilions that have been incorporated into thc PUl') document. [}EC 0 8 1998 PREPARED BY: RAY BELLOWS. PRINCIPAL PLA.\.'NER CURRENT PLAN.'NING SECTION ; RONALD F:N~O, AICP. MANAGER CURRENT PLANNING SECTION ~~7k52~)1.1t ERE. AICP, D~RECTOR PLAN%'ING SERVICES DEPAR~IEN7 .-XP P~&~ D BY: VINCENT A. CAUIERO. AICP. ADM~'IS~&TOR COMMUNITY DEV. AND EN~:IRONMENTAE SVCS. Staff Report for the Deccmber 3. 1998 CCPC meeung. DATE DATE DATE DATE COLLIER COU~'TT PLAN.'NING COMMISSION: MICHAEL J. BRUET. Ct4..\IP~MAN RVB/rb/STAFF REPOR'IVPUD-86-12 (3) DEC 0 8 1998 10/08/98 16:49 '1~'813 221 8811 S S & N ~003/011 o DOA98-3 PETITION 1,,2.rM2B ER AEP_L I.CJJJA3~kX) R_P_L'B. LIC ]:iEARI~G RECEIVED OCT 13 lgg8 COMC, IU.~;ITY DEVELOP,MZN-r DI'VISION P L~N ,'l~'Lq' G SERVI C'E.S Name of AppLicant(s) __John. B._Cro.odnlalLLtml~d~P. artn~rship,~all~ixllJdimitlxl Applicant's Mailing Address.Attn: Peter._55[orthlnglon. Dire~ lJ.0J._JtltZ~ fin e 1RJD.a 1.e.'~ ~z fL, S td lc._2.0_0 _ Ciw_._C. haska S~te Minn~pla__ Zip ~lg Applicant's Telephone Number: 612d361,80Z2 ._ Fax.:.fil2L3fiI=8- .09_~ Is the appI~caat the owner of the subject property? Yes _X No ..... (a) If applicant is a land trust, so indicate and name beneficiaries below. ~) If applicant i~ corporat/on other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or o~er business entity, so indic, me and name principals below. Applicant is a Minnesota limited parmer~hip dui)' authorized to do business in Florida. General Partner: Nirvana Air, Inc~ a Minnesota corporation t.--'"' -*Jobn B. Goodm~n, President (d) Ifapplican! is mn owner, inddcate exactly as recorded, ~d list all oth~ owners, if any. ~ (e) If applicant i~ a lessee, attach copy oflease, ~d indicate m:tual ownen ffnot indicated on the lease. (f) If applicant i~ a contract purchaser, at, ach copy ofeontract, and indicate actual owner(s) name and address below. Plea.se see Exhibit "A', attached hereto and Incorporated herein. Name of Agents: _D..onald.SY~.ArnoJd,_AIfZP and: Firm 'WiN o ~_M'ill e r,.Ba.rt on_&teelq inc.__ g ale.m~ a~r on_&~tel.q en: P.A._ Agc-nts Mailing Address 3200 Ralley.La.ne.,SIL2D9 _.. NaN~,.FL34105=8511_7_ ...... Ia Agent's Telephone Number. 941L(~84040 ....... 813/22,3-3_11110 101_E~Ke. mam~'_Bl,zd,S.~3200 DEC 0 8 1998 lO/O~zgB 1~:50 ~813 221 $$11 S S & N ~O04ZOll PUD Ordtramce and Number: Br,.etsmm: l:'.arkDJ'ch'nance; .87-J~ (Pmv/ously amended by Ordinance g) _Brelonne..P~as'J~Ordlnaneex Dr'TrAIl. ED LEGAL DF~qCEI//I'IO.N' OF TttE PROPERi'i~ COV'EKED BY THE APPLICATION (If vpace is inadequate, atzach on separate page. If request inx'olves change to more than one zoning d/~-m4¢t, include $epa. r~te legal description for Fropcrry Lnvolved in e~ch dira-ict. If properb' ix odd-shaped, submit four (4) cop/es ofmr'vey (1" ~o 400' r, cale), THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCEKN'I2':G TI-FE LEGAL DESCRIPTION, AN ENG~'EER'S CERTD:ICATION SHALL BE REQU'IXED, SECTION TOWNSHIP ..... _50..5. RANGE _26E _13,55 acres of. ran.d.13~tgand_helng .In Tract "B" Emb. aasy_SY~ooch_Golt, an.d CoJ. mtry_Cl~ ~tt_Bretonn e Pa rk,P.h ue I, as_record ed.j~,PLat Be>ok .17~._P~a gea_4_7_l, hr.ough 49_oLth e_En bile Rm:o.r.d~_of_Co llier_Counl% Address or location ofsubject property _ Th e._S.ubjectProptrI~:_is_l.or.a~d_atXhe norrhcasl qn~drant of the inter~ec.tio, n_of.Conu~:B-ar.n_,.Road, DayisBoule.Eatd._snd Embas~)'. 5Yood&.Bo.uleyard; a~acent_to_the GlerLEagle_Deyflopment___ Doe~ propervy owner own contigubus property to the subject property? If so, give complete legal description of entire conti~ous propertT. (If space is inadequate, attach on separate page). _._~'h'o otb er.con fig'~o, us_pr~12 ertles are_ot'fned by th e AppJir. ant Type of Amendment: _X__ A. PUD Document r,anEtmge AJncndment B. PUD Master Plan Amendment C. Development Order 12.nguage Amendment Does amendment comply w/th the comprehensive plan: _ X Yes If no, explain: 1998 t-Ia~ a public he.Lng been held on this propecy within the l~-t y~u'? Lfso, in whose name? ..... ~ o p nbllc-h ~rin g.~.h~:e J~eem hdd_pemining ta_the..B~l onn~ Park C-~mme~cJ al.Zr.act. Petition Number: Date: N/A 10. Has ~ny portion of the PUD bccn__.~es.__ Sold and/or....Yes__ Developed? Are any changes proposed for the area sold andTor developed? If yes, describe. (Attm:h additional sheets if necessary.) residential an cL. gnlLc~ tracts_of_the GlenE agles _p ro J e. cLJnfzaJ~mzmr~ ~ e n_s nb st~ fial~p l~ thronghoutlh~e_project,_No.de~:el~pmenklmx_o.ccn~e~ on th~ .qubject..PrapertT_(the deslgnated-comme~cdaLtra, ctZ_TdaeApplleantJs~r_olposlng t od ey_e. lop_~n_~ilxted l.b:ingf~ctllt)'_,tu d a skilled nnrsing.-faci2ltyma, lhe_Subj, eu_Pa:emL~e.f, EThe_propased d e3LeIo.n~_e, omplJm ertl_th e.aesthetlcs .o£th e,_.s.ur~oundingG ! en Ea g le.j communi~ Picas':. szc Exbdbh "B" attached hereto ~d incorporated herein for own~'s authorization. I ....Ectcr 3Yorthington_.__~ , being fu'st duly sworn, dc-pose and say that I am/ate the authorized representative o,~-ners of the contract purchaser of the property described herein and which is the subject manet ofthe proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to md made a parl of this application, are bone. si and true to the besl of our lcnowledge and belie/'. I understand U:LJS application must be complele and accurate before a hearing can be advertised. I fi.u-thc.r p/iv)mit Wilson Miller and Donald W. Arnold, A. ICP; and Salem, Saxon & Nielsen, P.A., and M~"n Heal)' tq act as DY reprmgentatives in any mat,.ers regarding th. is Petition. $IGN^TLrREIDF AOENT ! ' ( } SIONATURE OF A~GENT ' ' - Maril.~m .Mullen Healy, Esq. ~ Donald W. Arnold, AICP DEC 0 8 199E~ i0/0~-'9& 16:~0 ~'$13 221 8~11 S S & ~ ~006/011 $]:-A~g lt~ CiNDi L. TAYLOR ~ I NOTAblY PUBLII~ - MINN~$OiA i (Priat N~zn~ of ~ot&ry Public) / NOTA. P.Y PUBLIC MyC~mmigionEx'ph-et: I ' ~1' 20o0 DEC 0 8 1998 AUTItORIZATION OF THE JOHN B. GOODMAN LIMITED PARTNERSHIP BY .GEDEYELOP. ERS OF NAPLES, INC. GE Developers of Naples, Inc., a Florida corporation ("GE Developers"), hereby authorizes the John B. Goodman I. imitcd Partnership, a Minnesota limited partnership, (the "Partnership") and its authorized agents to apply for and obtain modifications to certain development rights and governmental/quasi-governmental land use approvals which exist for the Brettone Park property located in Collier County, Florida (the "Properly") owned by GE Developers and more particularly described in the legal description attached hereto as Exhibit A. The Partnership is authorized to apply for and obtain the following: 1 An amendment to the Planned Unit Development Order; and 2 Modification, as either a Notice of Proposed Change or a Substantial Deviation, to the Development Order for the Bretonne Park Development of Regional Impact; and 3 All necessary permits and other approvals required to allow development of an assisted living facility and a skilled nursing facility on the Property. STATE OF FLORIDA COUN'rY OF ¢ot-LtE~ GE DEVELO~'ER~OF NAPLES; INC., a Florida c o r p/~r a.~"6 ~.-..., M ichaeI'K gg/sous,'/~ The foregoing instrument was acknowledged before me this _4_.~~ day of · ..September._..1998, by _.2Vlichael Kessous ., president of GE Developers of Naples, Inc., a Florida corporation, on behalf of saidcorporation. '7~ ' ' /--.-' -,:'x;,'~..:-,i.;. iL~:'.'~ tQ-~3t ~:: ~:-;:~:'2co State of Florida ..__.-,,/....:.,., ......, ...... : Print, Type or Stamp Name '~ OR Produced Identification Personally Known ~ Type of Identification Produced y :~.' L ~GOO D M A N' .'q AP L E~ .M I SCuM KA D"Dt JM ~ 1998 /3' .. PURCHASE/SALE A GRE _F~'IENT THIS AGRE~.iM~NT is made this .ff"" day of May, 1998, by and ~tween G.E. DEVELOPERS OF NAPLES, INC., a Florida corporation ("Stile['), and JOHN B. GOODMAN L.DdlTED PARTNERSHIP, a Minnesota limittxl pam~crship, or its assigns ("Purchaser"). R__E_C !TALS: A. Seller is the fee owner of that certain parcel of land legally described on F.y~bit A ar~ached hereto, lc~'.2ted in un. incorporated, Collier County, Florida, containing approximately thhqeen and Fifty-five one-hundredths (I 3.55) acres. B. SeLler desires to sell and Purchaser desires to purchase all or a portion of the Property upon and subject to the terms and conditions contaiJ;ed in this Agreement. A G NOW, TILEREFORE, in consideration of the terms and conditions contained in this A~oTeemen[, ~d for ten and no/100 (SI0.00) dollars and other good ~d valuable consideration paid bv ~Jrch~er to SeLler, the receipt and sufficiency of which is hereby ac~mo',vtedged by Seller, Sd/er and Purchaser agree as follows: ARTICLE 1 DEFEWITIONS i.I Definitions. When used herein, the following tenns shall have the respective me.anM~s set for'Aa opposite each such tenn' ThLs Agreement, includi~g the following exit/biB, ~ch of which are incorporated herein by tiffs reference: E×tSbit A: Legal Description of the Property Extfibit B: Delin~fion of the Property on Site Plan Exhibit C: Permitted Title E. xceptions CLOSING DATE: The thirtieth (30th) day following satisfaction or waiver by Purchaser of all conditions precedent set forth in Article 10 hereof or such earlier date as Purchaser may designate by at lea_st ten (I0) days' prior written notice to Seller; provided, however, that in any case the Closing Date EXItIBIT A DEC 0 8 1998 DEPOSIT: EFF'ECTIX'3.. DATE: ~N'VI'R O.X.'5 IF.X,'TAI. LAWS: :t.25 C RO'~VEE: EXCLUDED I~)R'I'ION: EXCLUSION DATE: HAZArLDOUS P ER;\'LI'FFED TITLE EXCEFI'IONS: PROPERTY: 19~724.03 shall be no later than ~ &ays following the Effective Date. 'I-ne sum of The Deposit shall be placed m escrow as provided in Se,ztion 11.1 and held as earnest money subject to the ten'ns of this Agr~rnent. Interest ea. med on the Deposit shaZ1 belong solely to Purchaser and shall be accounted for separately but accumulated arid reinvested with the Deposit. Upon the expiration of the PmlLrninary Conditions Approval Period, Purchaser shall supplement the Deposit so that the total Dcq:>osit shall be equal to of the Purchase Price, such additional amount to be c2 ~e Exclusion Date. A.s defineu:l in S~tion 26.1 hereof. Ay. d,.: fi n,x.l in Section 9. I h,.:rcrZ. :,Iorfison & Conroy, as ;,.gent for Ct'ficago Tide Insurance Company. Sire C or Sit'.: B and Site C ff amd to the extent designated by Purchaser in wfithig to Seller on or t:ef,,;re the expiration of the PrelinSn~,~.' Conditions Approval Peficd to be. excluded from the Property; it being the underslanding of the .t;:trti:;s that if Purchaser docs not designate mn Excluded Portion on or before tbs expiration of the PreliminaO' Conditions Approval Period, then Purch~ser shall have no further fight to exclude Site B erich'or Site C from the Property. The rhre that Ihe E×cluded Po,qion is dcsiunate. A by Purchaser. ,,'xs definect itl Section 9.1 hereof. 'Fnose matters Listed on E.'dfil¢it C attached hereto. The vacant land located Li1 unincorporated Collier County, Florida, legally described on Exhibit A, containing approximately tt't~een and fifty-five one-hundredths (13.55) acres, toge',_her with all improvements thereon or therein mLnus the Excluded Portion upon designation thereof, if applicable; and all privileges, fights, easements, heredi~ 2 -,, 0 8 998 PU'RCI-LAS E P__RICE~: PI.rR CH A SF_,R: SEI,LER: SFFE A: SI'IT. B: SITE C: IOg72a.07 appurtenancez thereto beI,~ngdng; and all fight, !i~'e and interest of the titleholder thereof in and to any streets, alleys, passages and other fichu-of-way included therein or adjacent thereto Oocfore or after thc va~tion ther'~5O.; , !; The consideFation payable by Pt~rchaser to Sager for Seller's interest in the Prope~', minus the Excluded Portion, if applicable, and all other covenants and warr-a.nties contaL, ned herein, as provided in Section 3.1 he r. ! ! John B. Goodman ISmited Par'mership, a Minnesota limited pannership, or its assigns. G.E. Developers of Naples, Inc., a Florida corporation. The portion of the Property design.ated as Site A on the site plan (the "Site Plan~) attached hcre:o az Exhibit B, containing approxfinately slx and fifty-two onehundredths (6.52) acres. The portion of the Pre, party designated as Site B on the Site Plan, consisting of three (3) parcels and containing approx2mately an ao_~Fe~ate of r.vo a:::i ~:-, .... - ~_ _ ~ ...... n .... onthundredths (2.99) acres. The portion of the Proper'tS' desi~ated as Site C on the Site Plan, containing appro.~.imately four and four onehundredths (4.G4) acres. If Sile C is designated as p-~ of the Excluded Portion, the exact size and lcr..ation of Site C is to ~ mutually agreed upon between the parties hereto. Current survey of the Property prepared by a surveyor licensed by the StaIe of Florida and certified ro Purchaser, Title Insurer and such other parties as Purchazer shall designate, containing the Sup.'eyor's Certificate and Surveyor's Report furnished by Purchaser to Seller within seven (7) clays after the Effective Date, wkich survey is to be prepared in accordzmce with the "Minimum S~andard Detail Requirements for ALTA/ACSM Land Title Surveys" jointly established and adopted by the American Land Title Association, the American Con=m-ess on Surveying and Mapping and the National Society of Professional Surveyors in 1997 and pursuant to the Accuracy Standards of an Urban Survey, setting forth the legal description and street address (if ,'my) of the Property and showing all in~provements. (including fences), easements (visible or recorded), building lines, curb cuts, DEC 0 8 1998 sewage, water, electricity, gas and od:er utility facilities, together with points of conn<tion (ir, eluding recording infor~nation concerrfing the documents creating any such e2sement.s and building lines), roads and means of physical and record ingress and egress to and from the Property by public roads (including the dimensions of aburting streets), vicinity map (showing location to major streets or highways), areas located within flcx)d plains or conservation areas or designated as wetlands, the acreage of the land include_A in the Property to the nearest one-hundredth of an acre, and spoT~ing improvements on adjoining real prop,;rty which are '.,.'ithin five (5) feet of the property lines of the TITLE A comnfiunent for a 1970 ALTA Fonn B Owner's Title Insurance PoLicy for the Property i.ssu~ by Title Insurer in the full amount of the Purchase Price, covering title to the Property on or after the hereof', showing SeLler a..s owner of the Property in fee simple, subject only to the Permitted Title l:.::ccptions, and other exceptions pertaining to liens or encumbr-ances of a definite or ascertainable amount which may be removed by the payment of money at closing and which Seller shall so remove, and providing for full extended coverage over all gene~ title exceptions cor.,taLned in such policies and containing the followLng endorsements: zoning endorsement modified to insure that upon completion of in~pro,.'emcnt_s on the Pro in accordance with Tide Insurer will issue a zoning endorsement amended to include parking; location endorsement conf'm-ning the information contained in the Sur,'ey; Florida Form 9 Endorse,nent, access endorsement; contiguity endorsement; and an endorsement insuring no violation of building lines, covenants or restrictions pertabSng to the Property. 'FITLE I~NSL'RER: Morrison & Com'oy, as agent for Chicago Title Insurance Company. AR'HCLE 2 PURCttASE ANT) SALE 2. I Purcbxse and Sale. Subject to the conditions and on the terms conlained in th.is Agreement, on or before the Closing Date, SeLler shall convey fee si]nple title to the Property, less the Excluded Portion, if any, to Purchaser or any assignee or designee of Purchaser by good, sufficient and re:or&able warranty d~d subject only to the Pennirzed Title Exceptions. 19872~.07 ,3EC 0 8 1998 ARTICLE 3 PURCI IAS E PRICE 3.1 Purch,zse Price. Tt',~ Purchase Price for the Property sba1! I:-.e ' · plus or minus proz::;ons, payable as set forth below. Notwithstanding the foregoing, Lf Purchaser designates an E.¥.cluded Portion as provided herein, the Purchase Price for the portion of tile Properp:' :o ~,_ purebred shall be equal to the producl of ~ pomon oz tko Property to be purchased which shaJ. t be as set fcnh on, and certifi~ by the preparer of the Surge':', to the nmarest one hundredth of an acre, plus or minus promLions, payable as follows: (a~ 'II~c I')cposit shall b¢ applied a~ainst thc th~rcha.se Price on thc (.'losing Date, but all imcres: e.zmed on the Deposit, if an,,,,, s~ll be paid separately by Escro'.~ce Io Purcha.~r. F,"~? On thc Clo~ing Da~e, T~rchascr shall pay the t:,;:]::r~c~: r~f th,:' I'urchasc Price to m%,o....J::~ ::cs or m[nus prorations, as hereinafter provided. ARTICI.E 4 SURVEY the flu'st d..~;e of the SuFvey. If Purchaser elects to exclude an E×chlded Portion, then 19E72,4 07 5 ;:. ! ~ur.':c.~:. >:o la:er than ten (10) days following the Effective i'9:,:e. Sell::;' shall deliver thc Survev to :-.; .... acer, ,:=Selier's sole cost and o:pe;',se (suloja:t ro P,-'rc?,aser's ruimbursernent oh}:,--,,;-.' 5._'.: fc. rth in SectJon'.10. l[a] below). Thc Su:~'~:, shaI! sho'a nc,' encroachments onto Pr~.'..-e,~'.- :'rcm an',' adjacent p'roper~y, no'~nc~,achments by or from the Prop~my onto any · ' a dj ...... ~t .:... r:o violation of any recorded building lit, us, ms~,'-i,ztior:s or ease~ncnt.s affcctin,.., the ?roper;5. i:' ~}:e Sur,'ey discIoses any such encroachment or ,.iola:ion or a::v exceptions to title or mat~ers i.qd!za,i,ng possible rights of third parUcs, other t~p~q the Pe,'-m.i:zed Ti'de Exceptions (herein, the "Su:-.,e'. i)efccr, s"), Seller sh~I have d'~rt.y (30) days from the 6a~e of delivery thereof to have all Sur..,ev Dele:ets removed, at Seller's sole cost and c;:~ense, fro:n t?~.e SuF,'ev and from the Title Commitz::e:',t (if raised by Title Insurer on the Tide Commitmen0 a~d to deliver to Purchaser a revised S'.:r'.eS.' as~d Title Commitment evidencing rcmoval of all Sur'..ev Defects. If Seller fails to have the :z.'.ne removed from the Survey and tile Tide Commitrnent ~i~hin such thL,'ty (30) ch,,, pe,qod, ?...r:h,~er ma), elect, on or before the Closing Dale, to (i) Icrrninate this Agreement, which e',ent the Deposit and all interest e,-,.r'n~ thereon, h" an,.,,, sh~l forthwith N..' rp_~tur'ned to Purchaser, or (ii) accept the Property subject only Io those SuF,,e>' Defects as SeLler is tmabIe to have removed. Lf Purchaser fails ~o make such election, Purchaser shall be deemed ~o have elected to ~ermin:::e this Agreement in accordance with (i) above. If the Surx,ev is dated mom than ninety (90) day.s p,qor to the Closing Date, Seller shah cause the preparer of'the Survey to recen.ify the Survey tc', ~drchaser, Title Insurer and such other pardes as l%rchaser shall designale, dated within ninety (9011 days prSor to the Closing Date, disclosing no changes or additions to the ProPerty since within fifteen AG E ND~,J ~ ~ DEC 0 8 1998 (15) cLv:s al:er the e×pimlion of the Pmlhninao' Condi:ions/:pFro,.al Period Seller, at its sole cost and expense, shall have the Sum'ay accurately m:'ised to re:*;ect ff, e exclusion from the Property of the Exc':uded Portion and deliver the stone to Seller. ARTICLE TITLE C O.M',X LI'IZX LtLN T 5.1 Title Commitment. No later than ten (10) days following the Effective Date, Seller shall deliver the Tide Commitment to Purchaser, at Seller's sole cost and expense. If the Title Commitment discloses exceptions to title other th,'m the ?ermitted Title Exceptions, Seller shall have thin',' (30) days from the date of delivery of the Title Commitment to Purchaser to have a~ll un~nnit:ed exceptions removed from the Tide Commitment and to provide evidence of such removal to Purchaser. If Seller falls to have all un .p.znn[;ted exc,~ptJons removed within such thirty (30) day period, Purchaser may elect, on or before the Closing Date, to (i) terminate this Agreement, in which event the Deposit and all interest earned thereon, if any, shah be forthwith returned to Purchaser, or (ii) accept fide subject only to ~hcse ur,~nnitted exceptions that Tide Insurer has not removed with the further right with re~zct to each than unremoved unpermitted exc~D:ic..n to dMuct from the Purchase Price amounts secured b), ~ny unpermitted lien or enzur::b:'z:nze of' a definite or ascem, zinable amount, or cause Tide Insurer to issue its endorsement insu?.nz agaL'~.t damage caused b';' an5' such unpemfit~ed exception and deduct from the PurchaSe Price t!-,a cost of the premiums and security provided for said endorsement, as the case may be. 'If P'dr~.,,a_~r fails 1o ma3:e such eIecfion, Purchaser shah be deemed to have elected to terminate this Agreement in accord,'mce with (i) above. If b.~rchaser elects to exclude an Excluded Portion, then, · ,vit~n fiheen (15) days after the expiration of the PreU.minary Condit-ions Approval Period Sellelr, at its sole cost and expense, shall have the Title Commitment accurately revised to reflect the ~xclusloa from the Property of the Excluded Portion and deliver the s,',.me to Seller. On the Closing Date, SeI/,~'r shaH, at SeUer's sole cost and ex~:,,.¢e, cause Title Insurer to issue an owner's tide izsu~a.':za policy or prepaid commiunent therefor (herein a "Title Policy") pursuant to and in accordance with the TitIe Commitment, insuring fee simple title to the Property in Purcha.ser, subject on1;' to the Pe~Tnitted Title Exceptions and such odmr exceptions as Purchaser may approve pursua, n.,t to clause (ii) above, togeJ, her with all endorsements required hereby. ARTICI.E 6 POSSESSION. I'ROt'L.Vi'IONS AND E."U'F~NSES 6. l Possc.~sion. Sole and exclusive possession of' the Property shall be delivered to Purchaser on the Closing Date. 6.2 Prorations. Real estate taxes and other state or ciD' taxes afl. ting the Property shall be prorated as of the Closing Date on the basis of one hundred percent (100%) of the most recent ascertv,'.Lnable amounts of, or other reliable Lnfonnation in respect to, each such item, and the net credit to Purchaser or SeLler shah be credited to the Purchase Price on the Closing Date. Any such taxes prorat~ on an estLmated basis on the Closing Date shall be reprorated by the'parties within 199724.07 6 DEC 0 8 1998 thirty (30) (lays after thc acme amount of such items ~come known. If thc Prop,:r;,y is not a distinct and independent lax pa. rcel, but. is part of a larger Iax parcel, this prot-ation shalJ be made basM on thc percentage equal to the acreage of thc Properly to be purchased divided by the acreage of the larger parcel. Any special assessments, charges or fees, whether state or local, including any .interest or penalty' which is a Lien or charge against the Property on the Closing Date, whether due ~n f~ll or in part, shall be charged to Seller and paid in full at Closing, unless Purchaser has agreed to take subject thereto, in which case the Purchase Price shall be rMuced by a credit for such amount. All prorations are final. 6.3 ~xLpen.~es. Seller shaU be responsible for the payment of all sales, use and the State of Florida, Collier County transfer taxes (including, without lhnitation, any documentary stamp taxe~), fifty percent (50%) of all escrow fees and closing fees, all costs of the Survey, all title insurance premiums and charges for the issuance of the Title Policy. Purcha.ser shall be responsible for the payment of all recording f~s (other than those incurr't:d by SeLler in removing or releasing any unpennit;ed title e×ceptions), fifty percent (50%) of all escrow fees and closing fees. Except as other*'ise provided heroin, the fees and expenses of Seller's de.signat~ representatives, accountants and auomeys shah ~ borne by SeLler, and the fees and expense, s of Purcha.ser's designated representative, s, accountants and at'tomeys shaU be. borne by Purchaser. ARTICLE '7 ..\t'T'ItCX'L4,TIVE C OVEN :UN'TS O F SELLER 7.1 :x_.ra_i_nten:u!ge_~[ th_e_I)[0.per'tv. From and after the Effective Date through and including the Closing Da:..:', Seller shall, at Seller's sole cost and e×pense, maintain the Proper'ti,' free from waste ?~,'ld neglect and shaJl k¢<'p and perform or cause to be per-r'om~ed all obligations of the Property, owner or its agents tinder aA.1 applicable taws and will prompd.v remedy, at its sole cost and expense, a,,y violation, notice of wNch shall have ~cn issu,.:d by any governmental authority having or claiming jurisdiction. 7.2 T__r_a_n~:_~clirL~.a_o_d_En_c.u.m__b~.n_c_~__,~_f[_egj.i_t~.g the Proper'tv. Froth and after the Effective Date through and including tile Closing Date, SeLler shall not do, suffer or pem~it, or agree to do, ~y~of the fotlowing: (a) enter into any tmnsacLion affecting the propm't-y out of the ordinary course of business which wUl diminish or otherwise affect Purchaser's interest under this Agreement or in or to the Proper9' or which will prevent SeLler's tiff] perfom~ance of its obligations hereunder; or Co) seLl, lease, encumber or grant any interest in the Property or any past thereof in any form or maimer whatsoever, or other¥,,ise perform or permit any act wMch will diminish or otherwise affect Purchaser's imemst under this Agreement or in or to the Property or which will prevent Seller's full performance of its obligations hereunder. 19~724.07 DEC 0 8 1998 7.3 Purchaser'S; Accc's.s to the Property. SelJ~r shall permit representatives, agents, employees, contractors, appraisers, archi~ecLs and engineers designaled by Purchaser access to, and entr./upon, the Propcrv/to ~xamin~, inspect, mea.sure and test the Property for the purposes .set forth in S~don I0.1 hereof and for all other m,..asonable purposes. If Purchaser falls to close th.is Iransaction th.rough no fault of Seller, Purchaser shall repair, in a commercially reasonable manner, any damage to the Property caused by the activities of Purchaser, Purchaser's agenu or employees ~Jnder this Section '7.4 _S_e_ll_e_r's De[iver-v of MaterSaLs. No later tha:: ~J/j~ following the Effective Date, Seller shall deliver to Purchaser true, correct and complete copies of the following: (a) Documents evidencing the title exceptions referenced or to be referenced in the Tide Commitmem; (b) The most recent real eslate tax bills pertaining to the Properly; and (c) Ail data, correspondence, documents, reports including the soil and environmen~ condition of the Prope;-ry, agreements, waivers, notices, applJcafions ~d other records in respect to the Property and reladng to transactions with taxing authorities, go','ernmenlal agencies, utility comp;re]es, vendors, mortgage~, and others. 7.5 Insurance. Seller shall keep in full force ar, d effect d~rou~h the Closing Date all insurance cu ,rren.:lv in effect wi:.h reject to the Property. ARTICLE 8 REPRJ:;S Fx,'TATI ONS W.A. RR.-~X,'TIES OF :t'x'D INDIx.'~,'L'XTI'Y BY SELLER ,-'~N'I) BUYER 8.1 .Repr~entntimu and Warranti~ of Seller. To induce Purchaser to execute, deliver and perform L,SJs A~eement ~d without regard to any indczpendent investigations made by Purchaser, SeLler re, reset, ts and w~nLs to Purchaser on and as of the Effective Dale and as of the Closing Da~e as foLJows: (a) ,5,(.cut--cv of Re rc:sentations and Warranties ALl rcpresemations and warranties of SeLler apFe.xring in the other Articles and Sections of this Agreement are true and correct. Co) Title. Seller owns the Property in fee simple, free of any liens, claims or encumbranc~ other than the Permitted Title Exceptions. (c) Documents. The infonnadon included b'~ the documents to be delivered to Purchaser pursuant to Section 7.4 hereof shall be true, correct and complete in all maleriaJ respects, and the same shall not omit any maIerial Lrffonnafion required to make the submission thereof fair and complete. 198724.07 DEC 0 8 1998 (d) ~_.cjZt~_u..rXZ\_~reement-~. '['here are ~o obligations tn con?,ecdon with Ihe ?m.i~y dr a. nv so c,~Jled "recapture asre~ment' ~'~'.'o~','~g refz~r,d for se'.ver e×lension, oversizing uLiLity 1Znes, lighting or ~.k.e expense or charge for work or serMces done upon or re]ati.ng to thc ~roperty which wi. Il bind Purchaser or the l:h'opert'y fro:'n and after the Closi~n~ Date. (e) Roadwork. There is no a?~cment or unden~Xing or bond with any governmental agency mspe~ting construction of any randway improvelnents, including any acceleration or de.:eleration lanes, access or strut Lightings. (f) Donations. Them are no donations or payments to or for schools, parks, fire d~am~ents or any other public entity or facilities which are required to be made by an owner of th~ Prope~y. (g) Prorations. '1'~]'.:' infonnation to be furnished by Seller on which the coinpuuadon of pror'ations is based shall be true, corr'ec~ and complete in all respects. Ca) .Possession. Excc'pt for Seller, lhcm are no ~rsons in possession or occupancy of thc Pro~a'.,' or a_~y par~ thereof, nor are them any persons who have possessory rights in respect to the Pro.c, er~y o." an'.,' part thereof. (i) Authorization. Seller has full capacity, right, power and authority to execute, deLiver and ?e.'-form this Agr~ment ar, d ali documents to be executed by SeLler pursuant hereto, ,'md all ,mc, uked action and approvals therefor have been duly ta):en and obu~ined. The individuals si§~dng this Agreement ,'md all other documents execul~ or lo ~ execut~ pursuant hereto on behalf of Seller a,-e and sh~l be duly authorized to sign the same on Seller's behalf and to bind Seller thereto. This Agreement and ail documents to be executed pursua~nl hereto by' Seller are and shall be binding upc. n and enforceable ag. aJz~st Seller in accordance '~..'ith their rest>~dve terms, and the transaction contempIatex:t hereby will not resull in a brL'~ch of, or constitute a default or permit acceleration of mamrit:,' under, any indenture, mortgage, deed of trust, loan agreement or other agreement to which Seller or the ProFerty Ls suh,j~[ or by '~.'hkh Seller or :.he P,Krperty is bound. ' (j) _Li_t_~ation. There are no claims, causes of action or olher litigation or proceedings pending or, to the best of SeUer's kno~,'ledge, tlu-v, alened in respect to the ownership, operation '9r envLroru-,'nental condition of the Prope~v or an)' pan thereof (including disputes with ,nort..aagees, go,.'e,'-nmentaJ authorities, utility companies, contractors, adjoi~ting land owners or suppliers of goods or service, s), except for cLaims which am fldly insured and as to which the insurer has accepted defense without reservation. (3.:) Violations. SeLler has not received notices of any violations and, to thc best of SeLler's l. mowledge, there are no violations of any health, safety, pollution, envh'omnental, zordng or other laws, ordinance.s, roles or regulations with respect to the Property, which have not been heretofore entirely corrected. .. 19~724.07 1998 (1) Condemnation/TmninI~. To the best of SelJcr's I. mo',,,'ledge, them is no e.¥Jsting, Fending or contemplated, tbazatened or anticipated (i) condemnation of any pan of the Property, (ii) widerdng, change of grade or limitation on use of street.s, roads or highways abutting the Prop-any, (iii) special t~ or assessment or back lax due to abatement, exemption deferment or special classification to be levied against the Proper'toy, (iv) change in the zoning classification of the Property, or (v) change in the tax assessment of the Property. (m) Access. The Proper'b.' has frr. e and fltll legal access to and from aLI adjoining public streets, roads and highways. (n) M'ntedat Change.5. Them are no facts or circums;ances not disclosed to Purchaser of which SeLler has knowledge and which have or could have a material adverse effect upon the Proper'ty or '.vhich will diminish or other-'~,'ise affect Purchaser's interest under this Agreement or in or to the Property or which will prevent SelJer's full perform,'mce of its obligations hereunder. Seller agrees Io notify Purchaser immediately of such facL~ Or circumstances if Seller becomes aware of the same. (o) f_~.0z~.r'__,5_greemenLs. There are no Jca_,...:'s, cc, nstrucLion conlracLs, service contracts or o'&er agreements or contracts or commim~ents or oral or '.vrit~en understandings in existence af~'ec~,z tl;e Propeay or the use thereof. (p) SubdMsion. To the best of SelJer's l. mowIedge, the Property is properly subdividbd and aLl subdivision laws and ordinzmces ha,.e been compEed with so that no further subdivision of the Property from adjacent property ',,.'iii be requ:,~d. (c!) Zoning. To the best of Seller's M'nowledge, fi,,, n , · (r) _t'l~LLkn_!p_.t_~. SeLler has not (i) made a genera! assigmnent for the benefit of crextitors, (ii) flied any '.oluntap2' petition in banLmptcy or suffc,",~d Ihe filing of any involuntary petition by SeLler's creditors, (iii) sufferv..d the appoi, ntment of a rtceiver to take possession of aL1 or substantially al/ of Seller's assets, (iv) suffered th...' at:aclmlent or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, exlension or composition to its creditors generally. 8.2 IndemniW bv Seller. Seller hcmb)' indemnifies and afros Io defend and hold Purchaser haz-ndess from and again, st any and all loss, damage, liability and expense (including reasonable attorneys' fee..s and other Litigation exF¢ns~) Purchaser may suffer, sustain or incur aa a result of any misreppasentation, or breach of wamanty or agreement, made by Seller under or in respect to tNs Agreement or any document or instrument executed or to be executed by or on behalf of SeLler pursuant to this ^gr'eement or in furtherance of the transaction contemplated here. by. 19,:24.o~ 10 DEC 0 8 1998 $.3S_e_~e,r's ......... Covenant. Seller shall notify Purch~er hnmedialcly if Se[]~r becomes aware of any tr-ansacfion er occurrence prior to the ClosLng Dam which would make gny of thc mprn$¢ntafions or .,v~.n-znfies of .eerier cont.,ed in S~tion g. I untnm in any male;'ial respect. 8.4 ..~prcre..ntations and Warrantic~ of Purcha.~.er.. To induce Seller to execute, deliver and perform this Agreement. Purchaser represents and warrants to Seller on and as ~f the Effective Date and as of the Closing Date as follows: (a) Authorization. Purchaser has full capacity, fight, power and authority to execute, deriver and perform this Agreement and all documents to be executed by Purchaser pursuant hereto, and all required action and approvals therefor have l'.,~mn duly laken and obtained. The individuzls signing this Agreement and all other documents execmed or to be executed pursuant hereto on ~half of Purchaser are and shall be duly authorized to sign the same on Purchaser's behalf and to bind Purchaser thereto. This Agreement and all documents to be executed pursuant hereto by Porchaser are and shall be binding upon and enforceable against Purchaser in accordzmce with their msV'~ti','e terms, and the transaction contemplated hereby will not result in a breach of, or constitute a default or permit acceleration of maturity under, any indenture, mortgage, deed of .~:::e,.m~n[ or other agreement to which Purchaser is subject or by which Purchaser is bound. (b) Title. To the actual .knowledge of l>urchaser, there is not now pending or threatened any a:ticn, suit er prcceeding before any court, govenun:nlal agency or body which might result in an)' a&.'erss :.h::nge in the condition, financial or otherxise, business pro3pects, revenues or income of Pureed.se:' that will ma~erialJy and adversely a. ffect the asseu of Purchaser. (:) _Pr_q.pertv Infon'nation. Without 1L'::itation of an',' of the representations, wamanties er co','en~:s of Seller contained herein, I%rchascr hereby ad. moa'ledges and a~s that any sur.'ey, re~,'-t, env[romnental audit, approvM, appraisal or other document relating to the Property prepam~ by any ti'fi.rd party and provided to Purchaser pursuit to th: terms hereof or previously supplied to Purchaser is without representation or warranty by Seller of any kind whatsoever, either express or implied, and is without recourse to Seller with resly'~t to the accuracy of any information or sta:ements contained therein. 8.5 Purch~er's Covenant. Purchaser shall notify Seller immediately hr Purchaser becomes aware of any tm, J~sacdon or occurrence prior to the Closing Date which would ,nake any of the rzpresen:ations or warranties of Purchaser contain~ in Section 8.4 unm~e in any material respect. ARTICLE 9 ~N VIR 0 N:M.}LNTAL 5'I2VI'FERS 9.1 Environmental Definitions_. The term "Hazardous Materials" shall mean any substance, material, waste, gas or particulate matter which is re, dated by any lee. al govemmenta:l, authority, th.e State of Florida, or the United States Government, including, bm not lhnited to, any material or , DEC 08 1998 substance w~ch is (i) deft.nM as a "haz.ardous ~'aste", "ha;,~;dous malerial", "ha:;'~rdous substan:e", "e×tremely haz,ardous wasle", or "r~sIrictezJ ha,z::rdous 'o,,,~e" under any provision of Flor'ida la',.:,', (ii) petroleum, (ii.i) asbestos, (iv) pol.,,'chlorinated biphenyl, (v) radioactive material, (vi) de.~ilna~M as a "hazardous substance" pursuant to Section 31I of the FecleraJ Pollution Control Act (the CIe:m Water Act), 33 U.S.C. Sex:don 1251 et. seq., (33 U.S.C. 1321), (vii) definM as a "hzz,a. rdo'~s '~,';,-ste" pursuant to Section 1004 of thc Resource Conser'vation and Recovery Act, 42 U.S.C. Section 6901 et. Seq. (4.2 U.S.C. Secti~m 6903), or (viii) defined as a "hazzu'dous subsu~nce" pursuant to Section 101 of lhe C~mprch,:':l:.ivc }:.~l'Ami,incnt;d Re. spon~, Compen.~tion, and Liabilky Act, 42 U.S.C. S~.tion 9,501 et. Seq. (,~2 U.S.C. S~tion 9601) CCERCLA"). The term "£n','2ordnenml Imws" sha~tl me. an all statutes sp,:-~cificaily describ,.kd in the foregoing sentence and a.l] f~era.I, state and ]ocli environm,:nlaI hm3.kh and u'~fety slatutes, ordinances, codes, rules, m~ladons, ordars ~.nd d~ree.s regulaling, relating to or imp,3sing liability or slandards concemLng or in c;~nn~:tion with Haz. ardous Materials. 9.2 Envirr, nment~l R.e.l~.rc~.entation.s and V,'arrnntic~. E×cc-'p¢ with ~t to thc matmrs ..... l .... . ....... .~ .... . ......................... Dec.30,19~7 ~at SeXier has furnished to ~rchaser, Seller ~st of i~ ~mo'~,l~J=o'=~. (i) neither the Pro~:~)' nor ~y pa~ thepmf is ~ b~ch of any ~:~'ironmenml IA'~'s; (~) no pan of ~h~ Prope~':' h~ ever ~n use~ z.s a landfill, dump, to~c or '~'as:e d~pc,~.~i :kc or s:om~ ~' (iii) there ~r~ no under~ro~nd s~c,m~ ~an~ at ~¢ Pro~y, or, ~'ign re~ec~ ~o remo'.'~ ~, at ~h~ ~[me of removal, ~y ~epe~'; ~ fr6~ of ~ny H~dous Ma~e~zls that '.kou]d t~er res[c, ase or rem~i~ action under ~z',' E:'. ;~,-r~meam] ~ws or znv e~dst~n~ common t~'.~' ~heor,' b~ed on nui~n~ or strict ~ab~; (~) at nc. :~:~e has there ~mn a rel~se (:ts defined m CERCLA) of any H~rdous Ma~efi~s b, on, or und.zr :he Pro~)'; (vi) ~c, has never use~J the Property' for lh¢ s~omge, manufacture, di~,osai, h~ndliag, ~m~o~afion or use of an)' Hazardous hfa~efiaIs, nor has the ~o~ evdr be::~ useZ for the storage, manufacture, disposal, h:mdtin~, tmn~tion or us~ of ~y H~-dous :,~:er~0.]~: C'.'~i) all Fennits or licenses n~cs~zO' or required ~o s~ore, use or manufacture Ha~dous . ~a~,, .... '.ki~hm or on gle ProF¢~?', if any, hay: ~ze~ ob:ainU, arc L'¢h~g ~,mplj~ with, and ~re i;~ fl~II fo, rat a:d effect; (viii) there is no, nor ha.~ ~ff, er,z e'..zr bzen an?', invcs[iga~ion, administrative pr,_z~e',: .... L~::~at;oa, m~la~or:' hc'~n~ or other action prc, F.3sed, ~hr~en~ or ~nding, alle~ng no,,-.~c,~,~,,',~n~ with or ~he 'n~'' ' v~_.~o,~ of anv En~ ~r,:,mnen:a.t L~',~ and relating Io the Pro~y; ~d (Ex) S~':'F has disclos~ to ~rcha~er ail reich, ms and ~¢sti~atJons commiss~on~ by Seller or withAn SeUer's control relating to One environm~ntzl condition of dm Pro~y. If any such m~msen~a~on is in ~y manner ~accum~e or zny such ~'~ is ~ any m~ner b~ch~ (co~l~tiveIy, a "Brach"), and ~ such Brm~ch gives rise to or r~uhs ~ liab~ity (~clud~g, but not ~mked to, a msF~nse action, ~e~n¢'dial action or rcmov~ acdon) under any Environmental ~ws or za? cxis~n~ common law ~O' basc~ on nuisance or strict liabilhy, or mus~ a si~mnt eff~ on public h~h, Se~er sh~ promptly I~e, a~ i~ sole cost and ex.rise, any ~d ~ mm~i~ ~d mmov~ action as requff~ by law to clan up ~e Pro~)', mitigate ex.sum from, and k~y th~ ~ope~y free of any lien im~3s~ pu~uant to, ~y ~wironmemal ~ws as a msu!t of such Bm__..ach. 19~72:07 12 DffC 0 8 1998 9.3 Environmental Indemnity. Additionally, but not Ln Ecu of Se[Jet's affirmative under~akings set forth in Section 9.2 hereof, SeiJer hereby indemnifies and agrees to defend and hold h~mless Purchmscr mad its gr'antee.s from and against any and al! debts, liens, clab'Tis, eal~se_~s of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), ~rsonal injuries, losses, d~m~ages, Liabitities, demands, interest, fmcs, penalties and expenses, including reasonable attorneys' fees and expenses, consultants' fees and expenses, court - costs and all other out-of-pocket expenses, suffered or incurred by Purchaser and/or iLS grantees as a result of a~ny Breach. ,--.._....... 9.4 ,.No Notices. Seller has recc. ivcd no notice that the Property or an)' pan thereof is, and, to the ben of its knowledge and belier', no part of the Property is located within an area that has been designated by the Federal E. mergen:y Management Agency, the Army Corps of' Engineers or any other governmental bc, dy as located in a flood plain area, a "wetlands" area, a conservation area or any other ,xrea other~,'ise subject to special hazzrds. ~ ARTICLE 10 CONDITIONS PRECEDFhNT ANT) 10.1 Conditions Precedent. ~ '-'-', .......... , ~ .~-~ n,-.,, ,, ,.., ....._____~ - ' .......... ...... 'Tzt f~ SeLler acl. mowledges that thc Property may ~ of no use to Purchaser unless cerxa.in condit~o::s precedent to such use a:e full'~ed. Consequently, Purchaser s obligations under this ,,-, ~,"ee ,* ~ ..... .... ~ vze subject to Purchaser being satisfied, in its sole and absolute discretion, that all of the foHowbg ?mit:ninety and Final Conditions have b~n fi~lfilled within the respective tLme periods forth below: (a) Er_e!iLL~jn__ar',' Conditions. Within ~ mSer the Effective Date (the "Prelimin:L.2,.' Conditions Approval Period"), Purchzser sh~ have: (i) obtained .~il tests, soil borings, percolation and other similar tests and topographic, engb~fing, envb-onmental and feasibility studies or audits showing that the physical as~cts and the condition of the Property are acceptable to Purchaser and suitable for Purchaser's [nlended use of the Property; 198124.07 (ii) determined to its sole satisfaction that all udfities, including, without limitation, water (f'u-e and domestic), electricity, telephone, gas and ~nitzry and storm sewer se~'ices, presently exist at the perbneter of the Proi.~rry, are available to serve the Property, can be used by Purchaser at the customary rates charged by the village, municipality or uti]iD' company concerned, can be connected into by Purchaser on the Closing Date upon payment of only the usual and customary connection fees, and that all such aforemenLioned utilities have sufficient capacity to service Purchaser's intend~ use of the 13 DEC 0 8 1998 Property or, Lf any of the foregoing is incorrect, that Purcha.ser can obtain such utility sec'ice at the ?roperU' upon temps solely acceplable to Purch:~ser; (iii) obtained or satisfied iksel.£ that it can obtain building pen'nits, approvals, certificates and,other authorizations from and agreements with such municipal and other public agencies and authorities as may, bi Purchaser's sole judgment, be necessary or appropriate for the intended use of the Property; (iv) satisfied itseff that the construction of the hnprovernents contemplated by Purchaser will not re..quim extraordinas3,, excessive, or unusually costly construction techniques, ~d d~.inage of both surface and subsurface water can t~e accomplished by ordin,'trY cons~,'-uction tech. niqu:s not involving unusua] or excessive costs; ('.) safisfi~.t itseff that the Property in alt msF<'cts is suitable for l%rchaser's intended us.e; (vi) received, reviewed and approved the S:m.'ey, Tide Commitment and searches req,.'ired by Aaicles 4 and 5 hereof; and (','ii] obtained the release or relocation sc, lei':' acceptable to Purchaser of any easements (recorded, unrecorded, utility or other-~ise) affecting the Property which interfere, in Pur.sh~er's sole determination, with Purchaser's in:end~ use of the Property. IJ: P',~rchaser, Lq its sole and absolute discretion, determines that any of the conditions precedent set foah in tNs S<tion I0. l(a) are not satisfied within the Pretim, inao' Conditions Approval Period, Purchaser may, at its option, elect to terminate this Agreement b,:'~c, ti--- -' ....... . ........ ,."5-. _: -'-- :,,,,_t .....__ '"--':-~ .... r'~-Miti,-ir- ' ...... ., in ~'hich event the Deposit and}ia.Ll interest earned them. on shall for'&with ~ returned to Purchaser, and thereupon neither party shall have an':' fu.r'~her rights or obligations hereunder (except that it' Purchaser so terminates this Agreement, ~rchaser agrees to reimburse Seller up ~ toward tt~¢ actual out-of-pocket c_~sts incurred b':' Se~er with respect to preparation of the Survey with. in 20.days after receipt of an invoice therefor). In the event Purchaser does not timely and properly elect to terminate Agreament pursuant to this Section 10.1(a), the conditions precedent set forth in this Section 10. I (a) shall be dee. meal satisfied. obtained or confmned: 19~724.07 all requi~ site plan and architecm~ approvals from n~essary govermnenml bodies which will pem~it development of the Property in accordance with Purchaser's intended use. Seller a~ees to cooperate with and assist Purchaser ~ obtaining such approvals, certificates or other authorizations required, Lq Purchaser's sole opinion, to permit l%rchaser's i.n~ended use of the Property. Sdler, upon rv_.quest, shah execute applications, 14 DEC 0 8 1998 [,,_'tit:cm~ and s~.'h oth:zr il1,;lr'tllllei'~ts ;ts Purchaser mav rzz,i!L:cst in ;q;prova!s, lh:: cost of all of which d~;'.!! be borne b7 P~rchzz~r. Such appr,~als must vahd, cnfi)rccable bv ~lrchaser and unconditional and final. , th:sa~cned atzack on any such rezoning or other matters mcci',ed by Seller. sa:~sfxction or '~ai~cr bv }~rchascr of the conditions pr~cdeat set foFd~ in S~ion 10. l(a) abo'.:, P~:rcha';:r ;t?r,',:; tu ~,r~ct faith commercially rm'~sonablc re,nutted s~c plan and arc. hiterm~fl apprnvals lhal are.nccessa~/ for Purchaser's t>urcha_'~.r s'.-.':i: ha',.: . ~r !it?, 10.2 l':,rch:t.,er~'s _h~Lc-~ti:4atim~ ::!]fl _In:~4mc[J_,_~2~· Any in,..cq[;5::':,-,,~ or insF~'ction conducted by ' . ,~m~ment, b order to verify ~rch:=sz: or anv ao-.nt or m-presealative of ~rchascr pursuant to th~s z= .~ [o 'h rchnser's obli~3lions home,rider or to dct,zr-:r~i;~e ','hethcr Sell=r's representations and wammti=s ar= IR~O and acct~te, shMl nor affect (or constitute a ~aiver by ~rchaser oO any of Seller's obligations hereunder or ~rchascr's reliance thereon. In addition, Seller acknowledges d~at ~rchaser will [ye expending material sums of moncv in reliance on Seller's obligations under this Agr~mcnt in connection wi~ negotiating ~de,,c._,,.n_* .... ~; Z this Agreement. conducting all of ks due d~i~ence_ investigations_ and prepa~g for closing and that ~rch~er would not have cnter~t ~ro this Agreement without having thc oppom~r;/t?' to gcrfonn such m~cstigations during ibc contingcnc'/periods set fo~ m S~tion IG. 1. ,,~ DEC 0 8 1998 Accordingly, the parties hemlo agree Ihat adequale consideration exists Io support SeLler's obLigations hereunder even before expLradon of' the conti;:gency per/ods set forth in Section 10.1 and SeiJer agrees not to market the Property (less any Exclud~J Portion designaled by Purchaser) or offer the ?roperty (less any Excluded Port/on designaled by Purchaser) for .tale lo any other person or endty during the contingency periods set forth in Section 10. I. 10.3. _As I~. Subject to the representations and warranties conlained in Article 8 hereinabove, Purch~er acknowledges and agrees that (a) it is purchasing the Property i.n "as is" condition, with all faults, Cb) Purchaser is a knowledgeable and sophisticated developer and operator of' real estate properties, (c) Seller has made no representations, is not willing ~o make an), representations, nor hold om an.,,' inducements to Purchaser other than d]ose specifically set forth in this Agreement, and (d) SeLler is not' and shall not be liable or bound in any m~ner by an), express or implied 'o,'arr-anfies, guarantees, sta/emenLs, representations or information pertaining to tl~t'. Pro~rty, except to the extent s~cifical.ly set forth in this Agreement. . ARTICLE 11 E,q. CROW 1I .l Escrov,___~. Within five (5) days after the Effective Date, Purchaser shall place the Deposit m escrow with F-zcrowee. The Deposit sha[I be relained by Escrowee for the benefit of Seller and Purchaser in accordance with the provisions of this Agreement. If Purchaser so elects, the parties shall d!:ecr F-scrowec upon pace/pt of a completed W-9 form from Purchaser to invest the Dc'posit mtrr~'-st-~,earmg bani-: deposits and/or so-caLLed "money market fl~nds" established and managed by nationally recognized Frans; provided, ho'.:.'ever, that the pr/mary objective of such investment sMIl be Io pre. ser,..c the princip~ and insure that the ~me shMl be timely avai/aNe For disbursement as herein provided. Except ;.,.s other"~.'ise express/), set forth herein, interest earn~ on the Deposit. shall belong sole/).' to Purchaser and sha./j be accot~nted for separately but accumulated and reinveste, ct ,.vid] the IN."posit. Purchaser reserves dm right to instruct Escro'.:..ee a~ any time from time to tine to change the placement oF the Deposit arieL/or the duration of the in,.'esunent. SeLler a~iyd Purchaser further agree to execute an,,,' and all directions in a timely fashion that are necessary to cause Escrowee to disburse ~e Deposit and any and all interest ea.med on the Deposit as required by an.,,, provision of this Agreement and in the following circumstances: (a) If Purchaser defaults applicable cure periods, the Deposit in its obligations hereunder, after notice and expiration of ail (incl.ding interest thereon) shall be disbursed to Seller; (b) If Seller defaults in /ts obligations here,haler, after notice and expi.rat/on of ail applicable cure per/ods, the Deposit (inch~ding inlerest thereon) shall be disbursed to Purchaser; (c) If this A~reement is terminaled by Purchaser pursuit to Sec:don I0. l(d), the Deposit (including interest the~osm) shall be disbursed to Purchaser; 198724.07 16 Po. ~ (d) IJ' Purchaser closes, the Deposit shall be dist~ursed to Seller at closing as partial payment of the Purcha.se Price ('but an.,.' and all interest shall be disbursed to Purchaser or, at Purchaser's option, disbursed to Seller and credited against the Purchaser Price); and (e) Upon disbursement of thc Deposit, whether to Purchaser or Seller, for an)' reason other than those set forth above, all interest earned thereon shall contemporaneously be paid Purchaser. The escrow instructions shall be in the form customarily used by F~crowee with such speci~l provisions add~ thereto as may be required to conform to th: ,?ovisions of this Agreement. Said escrow shall be auxiliary to this Agreement, and this Agreement shall not be merged into nor in any ma~er superseded by said escrow. ARTICI,E 12 BRO KERA GE 12.1 Brnkem_?ge. Seller hereby represents and warrants to Purchaser that Seller has not dealt with a:,v bro'..:er or f"mder with respect to the tr~,nsa,:tion conte;nplat~ hereb.v except for Naples P-.eahv S~, l~s, In~. ("Seller's Broker"), ~ ClosLn~ Date. and Sol. let hereby agre,.s to indemnify, &fen and hold Purchaser harmless from and agai:,st anv ci2dm for brol-:em§e commission or finder's fee asserted by Seller's Broker or any other person, finn or co,}.'5>omtion clhming to h~:,'e be~n engaged by Seller. Purchaser hereby represents re'nd '~.'a. rm~,',ts to Seller that Purchaser ha.s not d~-dt with any broker or finder with re6'l:>ect to tramac~on contemplated hereby except Bro'..:er"), Da:e, and Purchaser hereby a~ees to.indemnify, defend and hold SeLler harmless from and against an)' claLm for bro:.:emge commission or finder's fee asserted by an.',' person, firm or corporation, other than SeUer's Broker and Purchaser's Bro: er, claiming to have been engaged by Purchaser. Sel!er's Broker and Purchaser's Broker each acl, mowledge and agree by execution of this Ag,~m:nt that it is only entitled to iu commission in the amount set forth above upon closing of the tmn~ction contemplated hereby. ARTICLE 13 CONI) ~VLNATION 13.1 Condemnation. I_f any portion of the Property is condemn~ or access thereto is taken prior to the Closing Date and Purchaser rea_qonably concludes that such taking renders the land remaining unsuitable for the economic development con:emplated and Purchaser not[ties SeLler in writing of such conclusion (stating its reasons) with.in thirty (30) days after lea.rrfing of such condemnation action, then this Agreement shall terminate and the Deposit sh~ be returned {o Purchaser. If the Agreement is not terminated pursuant to the preceding sentence, the Purchase Price of the Property shall not be affected, it being a~mm. xxt that ff the awasd is paid prior to the Closing Date of th. is t .r3.nsacfion, such amount shall be held in escrow and delivered to Pufi:haser at the time of closing; DEC 0 8 1998 and if the award has not been paid prior to the Closing Date, then at the closing Seller shall assign to Purchaser aU of Seller's fight, title and inlerest with respe, x:t to such award and shall further execute an':' other insb'-ument requested by Purchaser to assure that such award is paid to Purchaser. If Purchaser does not terminate fids Agreement, it shall have the right to contest the condemnation of the Proper'D' and/or the award resulting therefrom. ARTICLE 14 CLOSENG 14.1 Cji. The tnmsaction contemplated hereby shall close at 10:00 a.m. on the Closing Date at the off]cos of 14.2 Intentionally Deleted. 14.3 Seller's Deposits. On the Closing Date, Seller shall deliver to Escrowee. and in. ex,:hange for the payment to Seller of the Purchase Price (plus or minus prorations) the following closing documents' (a) A warranty deed from Seller conveying to Purchaser f~ simple title to the Property, s'~bjec; oniy to the Pennirt~ Title Exceptions and those other e.',:c~tions which Purchaser has agree'] to in actor ~dance with Sections 4.1 and 5.1 hero. of; (b) ScUer s cer'&'icate dated ~ of the Closing Date confirming that the representations and v. arr',.~,ti~s set forth in Articles 8, 9, and 12 hereof are tn~e and correct on and as of the Closing Date; (c) The Foreign Transferor Affidavit, in customary fonn; (d) Lien and Possession and Gap tide affidavits coverb:g the Property, in customary fom~; (e) 'Fne documentation requLred under Article 22 hereof; (f') Transfer Tax Statements; and ~) Such other documents, instruments, certifications and conf'mnations as may be reasonably requLred and designated by Purchaser to fully effect and consummate the transactions con~emplated hereby. 14.4 Purchaser's Deposits. On the Closing Date, Purchaser shall deliver to Escrowee in exchange for SeLler's deliveries as aforesaid the balance of the Purchase Price as provided in Section 3.1 Additionally, Purchfiser agrees to h, ereof by Purchaser's check or wire transfer of available fl~nds. 1987:~..07 18 .gEC 0 8 1998 execute such other documents, instruments, certifications and confmnations as may be reasonably rc. qui~4 and designated by Seller to fuUy affect and consmnma~c ~l~e transactions contemplated hereby. 14.5 ._.X.p_pr?al of Closing Documents All .closing d{)cumenLs to be fi.~mishexl by Seller or ?'archaser pursuant hereto shall be in form, execution and substance reasonably satisfactory to bot!~ Purchaser and Seller. 14.6 J~'_mt Deposits. Seller and I:h.~rchaser shall jointly execute and deliver to each other an a~eea:l proration statement. 14.'7 Concurrent Transactions. All documents or other deliveries required to be made by Purchaser or SeLler at closing, and all transactions required to be consummated concurrently with closing, slm. ll be deemed to have been delivered and to have been consummated simultaneously with all other tnan_~cfions and all other deliveries, and no delivery shall be deemed to have been made and no transactions shall be deemed to have been consummated until alt deliveries requLred by Purch~er or its designee and SeLler shall have been made, and all concurrent and other tr-4n-:.,',,c'2ons shall have been consummate. ARTICLE 15 DEFAULT 15.1 Default by Purcha.ser. In the event this trr, msaction fails to close as a result of a matefial default by Purchaser of any of Purchaser's obligations under this A~eement and such failure to close con;L':ues for a ~[~l~l~r Purchaser no,ties Seller in writing of such event (the "Purchaser Cure Period"), Seller's sole and exclusive remedy for such failure to close as a msutt of such material default shall be the fight to cancel and terminate tl~is Agreement by givink t~;'-ch~er written notice of cancellation v.'it~[ll~fter the expiration of the Purchaser Cum Period and the fight, upon cancellation, to oblain the Deposit from Escrowee; provided, fuF&er, teat in the event Seller is required to bring an action at law or.in equity to recover the Deposit, then, in addition to the Deposit, Seller shall be entitled to reimbursement by Purchaser for attorneys' fees and related costs if and to the extent it is entitled It the same under Article 25 below. Tiffs Agreement shall terminate upon such wrinen notice of cancellation unless (i) Purchaser cures the default widtin the Purchaser Cure Period or (U) Seller wMves the default, in which event SeUer and Purchaser shall proceed to dose this transaction. Upon such tenninat.ion, each party shall be release~ from all duties or obLigations contained herein and Escrowee shall im,nediately pay the Deposit to Seller as llquiclaled dmnages, it being understood and agreed that Seller is herebY releasing and/or waiving any fight it might have to either specifically enforce th. is Agreement or sue for damages. This liquidated dan~age provision has been agreed to in view of the difficulty in asce~.Sning SeLler's actual clmnages because of the uncertainties of the real estate market and fluctuating property values and the difference of opinion with respect to such matters. If Seller fails to del. iver such notice of cancellation as provided herein, Seller shall be deemed to have waived s.~ch fight of cancellation and the parties shall proceed to close this transaction. -. 198'724.07 J 9 3EC 0 8 1998 15.:2 .D.._e_f_ault by geller. In the event this tr~.~'<tion frdls to close as a result of a mater/al default by SeLler of any of Seller's obligations under this Agreement and such faiJure to close continues for a period o."~lfter Purchaser notifies Seller in writing of such event, Purchaser may, at its option, pursue any one of the following remedies either separately or cumulatively: (a) to terminate this Agreement, in which event neither pLr'ty shall have any further rights or obligations hereunder and the Deposit and all interest earned thereon, if any, sh',dl be paid to Purchaser; (b) to e,'d'orce specific performance of SeLler's obligations hereunder, including specifically the conveyance of the Property in the condition required hereby; or (c) h" uhe remedy of specific performance is not available to Purchaser or if SeUer intenfionaUy defaults hereunder (and the same is proven by Purchaser), to pursue any other legal or equitable remedies available to Purchaser by virtue of SeUer's default (hawe:'er ,-%rchaser!s. recovery under this ARTICLE 16 NOTICES 16.1 Notice..,Xw~v notice, request, demand, instruction or other document to be given or sea, ed hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered person~y with a receipt requested therefor or sent by a recognized overnight courier se,wice or by United States re~stered or cer'd.fied mail, return receipt requested, postage prepaid and addressed to the p~'"ties at their rasp<five addresses set forth below, and the'same shall be ef'fecrive (a) upon receipt or refusal if delivered personal]y; Co) one (1) business day after deposit. Lng with such an overnight courier service; or (c) two (2) business days after deposit in the mails il' mailed. A party may change its address for receipt of notices by service of a notice of such change in accorc,iznce herewith. Lc to Purchaser: Jolm B. Goodman Lbnited Partnership 1107 Hazeltine Boulevard, Suite 200 Chaska, Minnesota 55318 Attention: Pat Bilich with a copy to: 198:24.0~ Steven R. Katz Parsinen Kaplan Levy Rosberg & GotUeb, P.A. 100 South Fifth Street, Suite 1100 Mismeapolis, Mimmsota 55402 612-342-0362 phone 20 / DEC 0 8 199[ 612-333-679~ fax If to Seller: G.E. Developers of Naples, Inc. 3838 Tmniami Trzil North, Suite 410 Naples, Florida 34103 with a copy to: J. Thomas Conroy, III Morrbon & Conroy 3838 Tamimni Trail North, Suite 402 Naples, Florida 34103 941-649-5200 phone 941-649-8140 fax ARTICLE 17 ~'q'FIRE AGREE.\I~N~I'. A.M~N'D.MY..N'rS AN'D WAI'VE/:LS 17.1 E__n_tjr_e__A_gr~ment. Amendment.s and ~Vaivers. This Agreement contains the entire a~ment and understanding of the parties with respect to the mbject matter hereof, and all previous negotht.ions and understandings bctw~n Seller and l>urzh~er or thei. r re.spective agents and employees with resp~oct to the transaction set forth herein ~ merged in this Agreement. Fur'~her, ¢,is A~ment may not be amendS, modified or discha.rged nor may any of its terms be waived except b;' an instrument in writing signed by the pax'fy to be bound thereby. ARTICLE 18 1.~:RTI t KR A S S U"R.-LN CES IS. 1 Further AssuranceS. The part/es each agree to do, execute, acknowledge and del/ver all such further acu, instruments ,~d assurancc.s and to rake all such further action before or after the closing as shall ~ necessz,"'y or desirable to fully cart7 out this Agr"~ment and to flHly consummate and effect d:e tr,:nsacfions cor, rempla£ed hereby. ARTICLE 19 SURVIVAL AND BENEYIT 19.1 Survival and Benefit. All representations, warranties, agreements, indemnifications and obligations of the pm'ties shall, notwithslanding any investigation made by any part)' hereto, survive the closing and the same shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. 'l-ns obligations of the parties to re,mm or deliver or cause to be returned or delivered the Deposit, together with any accrued interest thereon, shall survive any termination of Lhis Agreement. 19~4.07 21 DEC 0 8 1998 ARTICLE 20 NO TttI:RD PARTY BENEFITS AND ASSIGN,'M~..NT 20.1 No Third Party Benefits and Assignment. This Agreement is for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, and no third party is intended to or shall have an,,,' rights hereunder. Seller has no right to assign its rights or to delegate its duties hereunder. ARTICLE 21 hNTERPRETATION 21.1 Interpretation. (a) The headings and maptions herein are inserted for convenient reference only and the same shall not Ii,nit or construe the pamgFaphs or sections to which they apply or otherwise affect the ir,:e,"'pmtation hereof. (L) The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms shall refer to this Agreement, and the term "hereafter" shall mean after, and the term 'heretofore' shall memn before, the Effective Date. (c) Words of the masculine, feminine or neuter gender shall mean and include the correlative words of other genders, and words importing the sing-ula; number shall mean and include the plumt number and vice versa. (d) Words importing persons sh,'dl include finns, associations, parmerships (including lira/ted parmerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons. (e) The terms "include", "including" and shnilar terms shall be construed as if followed by the phrase "without being limited to". (fi) This Agreement and any document or instn:ment executed pursuant hereto may be executed in any number of counterparu each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (g.) Whenever under the terms of th. is Agreement the thne for performance of a covenant or condition faUs on a Saturday, Sunday or legal holiday, such t/me for performance shall be extended to the next business day; otherwise ali references herein to "days" shall mean calendar days. Ca) the State of Florida. 198724.07 This Agreement shall be go,,'emed by and construed in accordance with the laws of 22 DEC 0 8 1998 (i) Time is of the essence of ~s Agreement. (j) For the purposes of this Agreement, the phrases "to the best of Seller's knowledge", "to SeLler's knowled§e" and similar phrases shall imply a reasonable investigation by SeLler and its agents. (k) This Agreement shall not be construed mom strictly against one party than against the other merely by vLrrue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that both Purchaser and SeLler have contributed substantially and materially to the prepa, ration of this Agreement. ARTICLE 22 STATE AN'I) FEDERAI. ~'COM'E TAX"ES 22,1 _F._o_rei_To_S_e.IJer Affidavit. Pursuant to Section 1445 of' the Internal Revenue Code of 1986, as mnended, and the regulations promulgated thereunder (the "Code'), Seller agrees to deLiver to l:h~rchzser, at or prior to the Closing Date, a certification in customary form, execuled by Seller and otherwise in form and substance reasonably satisfactory to Purchaser and as requh--cd by the Code. 22.2 IntentionaLly Deleted. 22.3 Dtsclo_,-ure to Internal Rev_en..u~ervice. Each of SeLler and Purchaser a~ee to cooperate fuUy with the other in complefi:'.g or filJ. ng. any' disclosure documents or in ouher~.ise satisfying an)' disclosure requirements of the Code. ARTICLE 23 DISCREPANCY Eh' LEGAL DESCIGFq'ION 23.1 DLscr. t:pa_n_cy in Le. g_alD~cription.. The parties intend that the Property which is the subject matler hereof include all of the real property and all interest held by Seller therein. Accordingly, if prior to the delivery of the deed, it appears that the legal description of the Property set forth on ExJ'fibit A does not include or correctly desc~be all such real property or interests therein or appurtenances thereto owned by Seller, the legal description of the Property to be conveyed by Seller to Purchaser hereunder shall be modified, at SeLler's sole cost and expense, to correc'3y describe the same. 19~724.07 23 DEC 0 8 1998 ARTICLE 24 CO N't"TD L",WLkLITY 24.1 Confidentiality. Neither of the parties hereto shall disclose the e,',dstence of this Agreemedt or any of the terms and provi.sions hereof without the prior writ'ten approval of the other and both parties shall use all reasonable efforts to keep the details of the transaction contemplated hereby strictly confidential. ARTICLE 25 EXPENSE OF EaNTOR CFSM~\'T 25.1 Enforcement. If either party brings an action at law or in ~uity to enforce or interpret this Agreement, the prevai![ng pan;/h'~ such action shall be entitled to recover reasonable attorney's fees and court cosB and expert witness fees for all stages of litigation, including, but not limited to, appellate prc',c~ings, in addition to any other remedy granted. ARTICLE 26 EFFECTIVE DATE 26.1 Effective Date. The Effecr. Jve Date of this Agreement shall be the ~ e: the Fa'st party's execu6on date, then the 6ffe'r 'or coini~tment't0'Ne bobfid / the f'zrst executing parr), shall automatically be revoked and withdrawn, *.'hereupon neither party shall be bound hereto. 'I'HE BAL.&NCE OF THIS PAGE ENTENTIONALLY LEFT BL.&N'K 19572a.07 24 DEC 0 8 1998 LN WITN'ESS WHE, REOF, Purchaser and Seller have mused this Agreement to be executed by their duly authorized representatives, intending to be legally bound by the provisions herein contained. SFI J F_R: PLFRCHASER: G.E. DEVELOPERS OF NAPLES, INC., a Florida corpOraU/7~ Date of Execution: JOHN B. GOODMAN LIMITED PARTNER.SHIP, a Minnesola l.hnited partnership By: Nirvana Air, Lnc., a Minnesota corporation, ils general partner Date of E.xecution: The covenamts contained in Art/de 12 of the Agreement are hereby aom'e..ed to and acl. mowledged by Seller's " Bro:.er a_nd Purchaser's Broker: SELLF_R'S BROKER: N.4_PL.ES~ SERVICES, ~'C. Title :.__7/~~ PURCHASER'S BROKER: JASSY REAL F_.STATE DCVESTMZ.NTS, E'qC. Date of Execution:_ d(/~ ~ .. 198724.0? 25 ~GE~Da,dT~ DEC 0 8 1998 EX.ff]~IT A Legal Description of the Property 13.55 acres of land lying and being i.n Tract "B" Embassy Woods Maste.r plan, Sec. 5, Twp. 50s, R.ng. 26E, Collier County, Florida. DEC 0 8 1998 .., ..,, 4// EX-F[~ IT C Permitted Title Exceptions 1. General rral estate taxes not yet due and payable as of the Closing Date. 2. Covenants, easements and restrictions of record which, in Purchaser's sole judgment, do not interfere with or adversely affo:t Purchaser's intended use of the Property. 3. Any other matters approved in writing by Purchaser. 198724.07 28 DEC 0 8 1998 C)RDINANCE NUMBER 98. AN ORDINANCE A\!ENDING ORDINANCE NO. 8'~-15, AS AMENDED. THE BRETONNE PARK PLAN,XED UNIT DE\'ELOPMENT. BY AMENDING SUBSECTION 2.3. PROJECT PLAN: AMENDING SI_'BSEf'TION 2 5. PI.AN APPROVAL REQUIREMENTS: AMENDING SUBSECrlON .~2. USES PERMIITED AMENDING SUBSECTION 43 DEVEI.OPMENT STANDARDS. AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. on April 7, 198'7. thc Board of CounL', Commsssioners approved Ordinance I0 Number $%15. which established the Bretonne Park Planned Unit Development: and WHEREAS. on August 2!, long. thc Bo~d of County Commissioners approved 12 Ordinance Number 88-67. which amended Ordinance Number 87-15, thc Bretonnc Park Planncd 13 Unit Developmcm: and 1.I WHEREAS. on Februau' 25. 1959. the Bo~,-d of Count>' Commissioners approved 15 Ordinance Number 89-I(i to correct scm. criers c~ors appca.'nng m Ordinance 88-67; and 16 WHEREAS. D. \Vaync Arnold of ',Vllson 5.!flier. Barton & Peek. Inc.. representing John 17 B Goodman Limit~'d Partncrshsp. pctmoncd thc Board of County Commssssoners of Collier I $ Count.'.. Florida. I0 amend Ordinance 8'- 15. as amended, as I'ollov,'s: 19 NOW. THEREFORE BE I'I' ORDAINED by the Board of Count.'.' Commissmncrs of Collier Count.,,'. Florida that: 21 24 SECTION ONE: AMENT)MENTS TO PROJECT PLAN SECTION Subsecuon 2.3. Project Plan. of Ordinance St-15. as amcndcd, is hcrcby amendcd as follox~ s: 25 2.3 PROJECT PLAN 26 27 28 20 30 31 32 33 3..1 36 37 38 39 40 41 42 43 44 .15 Thc Master Developmcm Plan for thc project ss indicated on Exhibit }t. and is an integral pan of this PUD document. A reduced version of the Master De,.elopment Plan ss at~ached at the rear of this document. Elements of the Master De~ elopment Plan include: Land ¥.s¢ Acres Streets 21.2 Residential Sites 138.7 Cc~mmerct_A_sss!s3~d__L_D'inil Facility 11.5 Skilled Nursme Facility Lakes 35.0 Upland Recreation Open Space 48.3 Wetland Preserve 10.3 Maintenance Utility Area 4.5 Golf Course 51.8 ' Community Centcr 12.2 Total 2,33.5 Words undcrlm¢~ ~'e iddmo~s: ~4e4,e,~,~,4~ou~h are dc DEC 0 8 1998 6 7 $ 9 10 ll 12 "Approx,matcly 13..4 acres of this total to remain m native upland hah,tat. ~'ith sclecW.'e clcanng, filling and exotics removal. project development shall conform to the approved Master Development Plan m general and to the appro',ed Subdivision Construction Plans. Modificatmns to the approved Master Development Plan of up to 5% shall be permitted to accommodate changes required by State or Federal pertaining agencies SECTION TWO: AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECTION Suhsecuon 2.5. Plan Approval Reqmremenls. of Ordinance 81'-15. as amended, is 13 hereby amended as follows: 17 18 19 2r 21 23 2.4 25 26 25 29 30 31 32 33 3.4 36 3" 38 39 2.5 PLAN APPRO\'AL REQUIREMENTS A. PURPOSE The Mas~er Development Plan indicates the basic nature of development permnted for the project as a whole, cons,sting of single family' residences on individual lots. low-nsc anached and detached resident,al units of various types, golf courses, lakes. ~etlands. and recreational open space, and : nc:.b'.t:.~rh~.~4 :~v;~:ng ::r.::r an assisted living~skilled nursing facility, and ancdla.~.' uses. Recreational buildings and facilities of various k~nds ma> be established in the area indicated on the Ma.stet Development Plans as Commumty Center and Recreational/Open Space. either as a part ole the initial development improvements or at a subsequent date. Actual development of project infrastructure, residential units, recreational facihl~¢s, and lhe neighborhood shopping center will occur in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the count.,.' staff to reviev.' detailed de,.elopment plans for the project development increments and to determine if the development increments and the detailed development plans comply fully with commi:ments established by the P.UD. document. D.R.I. Development Order. Count>>>' Zoning Re_t'utat~ons. and all other applicable standards and regulatmns. SECTION THREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Sec:~on .4. Commeroal. De%e|opment Regular,ohs. Subsection 42. Use~ DEC 0 8 1998 42 4.2 43 45 46 47 ,48 50 54 55 USES PERMITTED 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: ~g' / - '"" ~ ....... ;' ..... :,c ....... ^t,,c, to Words underhned arc add ~ OhS: ~'.'o:& :.~.::k 'du'ough ar e delenons. DEC 0 8 1998 26 2; 28 29 1 2 I, An ~t;jsted li','in~ facilijx.v a.n_d_ a skilled nursin~ faciliP,'. The assisted 3 livj,ng f$c 1 ty shall contain a maxtmum of 210 units and the skilled 4 nuts ng fac, i ity ~hall contain a maximum of 60 beds, and further be :5 subject ~o lhe F.&_R.. reqmremcnts established m Section 2.6,26 of thc 6 Land Development ~'ode. 7 ii 2. Maintenance'utility s~te, 9 I 0 B. Accessoo' Uses: 11 12 J, Customary acccssoD' uses and structures, 13 l J :ff:.z', :~ ~h.- :J.,-,,- p.-.'~..::'~ :re r~'.':c::ff., The assisted livin~ 16 faciliw and ~;killed nursing fa~'iljty may include accessory 17 ec~ail per~,o.~al service racilifie~_~u, cb as sund~' shop. ~ift 18 Ikho_q.p., h__aLr~Le.~er, dD' cleaning, home health care ;;ervices 19 and other similar uses. 20 21 SECTION FOUR: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION 23 Subsection ~.3. Development Standards. of Ordinance 87-15. a.s amended, is hereby 24 amended as follows: 4.3 DEVELOPMENT STANDARDS A. Perimeter Setbacks 30 31 32 2. 33 34 36 37 39 40 42 43 45 :." '.hr ~:ar~: p.~."..~:?a] ::r-.:'::',:::. Pnncmai St~cturcs Front yard' pax s Boulevard ~ ~mb~sy W~d$ Boulevmd ~ Side yar~: AbuttinR Utility Site ~ Accessom Structures Front Yard; Davis Boulevard ~ Embassy Woods Boulevard 25~ Side Yard: ~ Words underlined ye addition; v. z,',i: .'.',,-~:~ through arc deletions. DEC 0 8 1998 10 11 12 14 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Required Landscape Buffer Area' Fm~r~::. ar. A~ r~qmrcd by the Colhcr County Zoning Ordin~ce in effect at thc lime pc~ts ~¢ requested. ......... ~ ..... c4-~ ~,,vrr.,.= ....... ~ ........ : :ran~n=uen D~p:mmen:. County Park ~:r~t. :n'J real., r:qsi:: :hal a~'.': or D._, Parking 1. Assisted Livin~ Facility: space per unit 2. ~;kill,d Nursing Faci ity: 2 spaces per ,5 b,ds SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department orStatc. 42 ,13 3 5 6 7 8 9 I0 II 13 15 16 I7 PASSED.AND DULY ADOPTED by the Board of County Commissioners of Collier CounD', Florida. this___ day,,' of __ ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUN'rY. FLORIDA BY: BARBARA B. BERRY, CHAIRMAN ATTEST: DWIGHT C. BROCK. CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .MAR JOUlE M. STUDENT ASSISTANT COLLIER COUNTY ATTORNEY Brclonne Park PL'D Amendment Ordinance Disk A DEC Pg Winds underlined are add~xn~: ~s~ls~,~d,-a~m=gh ate dek-mm~. 0 8 1998 EXECUTIVE SUMMARY PETITION NO. PUD 98-13, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "A" RURAl. AGRICULTURE TO "PUD" AND "PUD TO PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 267.44+ ACRES. OBJECTIVE: This petition seeks to repeal a certain PUD development order (i.e. Beachway (265+ acres) in favor of a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to ) "PUD" Planned Unit Development. CONSIDERATIONS: The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S. 41N), 111'~ Avenue North (lmmokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkerbilt Road a local street. The original Beachway PUD (Ordinance No. 94-45) was approved as a residential development consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental recreation amenities), and several acres of proposed commercial development along the North Tamiami Trail (U.S. 41N) lying immediately north of the Walmart development and containing an area of 3.4 acres. A maximum development intensity of 50,000 square feet of gross leasable floor area is proposed, however to the extent a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit. Authorized uses will include all the C-3 uses plus the hotel. Analysis for consistency with applicable elements of the GMP advise that this petition if approved as submitted will be consistent with those applicable elements including Land Use, traffic, Open Space and Habitat Conservation and Infrastructure. The subject petition has been reviewed by the appropriate staff responsible 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 De~arlment staff. Staffrecommendations are included in the Development commitments sections &the P recommended approval subject to certain stipulations which are included in the PUD do, .~ment. DEC 0 8 1998 i P~o / All rczoning actions require a findings on the part of the Collier County Planning commission (CCPC) based on the provisions of Section 2.7.2.5. A preponderance of the rezone finding support an action to district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staff report which is approved by the CCPC. The CCPC heard this petition November 5, 1998 and they unanimously recommended approval of the petition. While several people spoke to the Commission no one expressed any level of opposition to its approval and their representations had to do with clarifying issues of drainage and adjacent land relationships. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if'this amendment achieves its objective, the land w/II 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 pr/or to the issuance of building perm/ts to help off-set 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: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3. ! ofthe 3.15 ofthe Collier County Land Development Code. ttISTORIC/ARCItAEOLOGiCAL 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. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-98-13, Collier Section 21 as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). 2 DEC 0 8 1998 PREPARED By1 RONA~-D F: ~'I N~,-A'ICP CURRENT PLANNING MANAGER REVIEWED BY: i~O~'ERT J. ~VLHERE, A~CP PLANNING SERVICES DEPARTMENT DZRECTOR APPROVED ,BY: _ : ~~. VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE PUD-98-13 EX SUM MARY/md 1998 AGENDA ITEt4 7-i DRANDUM TO: FROM: DATE: RE: COi COS COMMISSION '& ENVIRONMENTAL SERVICES OCT .... ,,. , ~v~ PETITION NO: PUD-98-13. COLLIER SECTION 21 OWNER/AGENT: Agent: (),,,.ncr: R. Bruce Anderson Young. vanAssenderp & Vamadoe. P.,.\. 801 Laurel Oak Drive. Suite 300 Naples. Florida 34108 Collier Development corporation 3003 North Tamiami Trail. Suite 400 Naples. Florida 34103 REQUESTED ACTION: This petition seeks to repeal a certain PUD development order (i.e. Beachwav (265-'- acres} in favor of a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION: The property has frontage on three arterial/state hi,hwavs.~ . and include the N. Tamiami Trail (U.S. 41 N). 111TM Avenue North (Immokalee Road} and Vanderbih Drive. Additionally the property has frontage along Walkerbilt Road a local street. (See location map follovdng page) PURPOSE/DESCRIPTION OF PROJECT: The original Beachway PUD (Ordinance No. 94-45) was approved as a residential development consisting of not more than 800 dwelling units. The proposed PUD is singularly tbr a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental recreation several acres of proposed commercial development along the North Tamiami Trail (U~S. 41%lrq.~ I / jD£C 081998 t? immediately north of thc V,,'almart development and containing an area of 3.4 acres. ..\ maximum development intensity of .'30.000 square feet of gross leasable Iloor area is proposed, however to the extent a hotel is constructed said tloor area shall be reduced by 225 square feet lbr every hotel unit. Authorized uses will include all the C-3 uses plus the hotel. SURROUNDIN('; LAND USE AND ZONING: Existing: The property is undeveloped except for a stormwatcr management lake that sen'es the Walmart Center. The property is extensively vegetated and contains an extensive wetland system, which is reflected on thc PUD Master Plan. The land is currently zoned PUD with thc rural agricultural tract lying north of Walkerbih Road. The property has an irregular boundary. Essentially the following relationships exist. Surrounding: Nonh- To the north of the properly lies adjacc~nt Walkerbilt Road and the Cocohatchee River system. On the noah side of Walkerbilt Road. property not included in the PUD is both commercially developed (i.e. east of PUD portion Bav House Restaurant). and developed with two .Mobile [tome Parks (,,','est of the PUD portion). East Properties generally lying east of the property includes the Walmart Site. office building (under construction), former Kaki's Restaurant and Lounge. Bay House Restaurant and Mobile Home Parks. South - Properties adjacent the south side of the PUD include the Walman Site. Naples Park residential area along 1tlm Avenue North. Naples Park Elementary' School. Saint John The Evangelist Church and Vanderbih Villas. West - To the west of Vanderbih Drive opposite the western limit of the PUD lies undeveloped land. now zoned PUD as The dunes PUD a proposed multiple family development and the cemetery. 9EC 0 8 1998 GROWTIt MANA(;EMENT PLAN CONSISTENCY: Land Use - The property is located within the Urban Residential designated area t,n the FI.tiE to the GMP. The urban residential designated area authorizes thc development of thc entire range of housing structure types as well as uses which llinction ti, support a residential environment, such as vdbtic and quasi public uses. Golf courses and their related amenities are also authorized land uses in the urban residentially designated area. Therefore. the proposed golf course and its accessory and supportive functions (i.e. clubhouse, pro shop. maintenance facilities and recreational amenities) are consistent with the FLUE to thc GMI'. Regarding the commercial component of this PUD it is apparent that the property lies outside of the north boundary of the activity center located at the N.W. quadrant of North Tamiami 'Frail (U.S. 41 N.) and 11 I"' Avenue North. llowever, a portion of thc land lying west ol'tr~e Wahnart Site and lying whh the subject property lies within the original activity center boundar).' as defined by establishing"a square with equal sides measuring 1.32(I linear Feet along II 1'" Avenue Nonb and North Tamiami Trail. The petitioner proposes shifting a portion of thc remaining acreage (i.e. 3.4 acres) in the activity center that qualifies lbr commercial development from thc west of the Walmart Site to the north side of the Walmart Site along the petitioners frontage on the North Tamiami Trail. This type of spatial adjustment or enlargement of the boundaries of an activity center is authorized under the 75% rule (LU-I-30 FLUE) and is therefore consistent with the FLUE. Staff is of the opinion that what is more important is the fact that commercial development has no maximized the full development potential o1' the original activity center even v. itb the ad given the substantial reduction in other, vise allowed dcnsit,.' and intensity of usc. As the ov.'ner have othe~vise achieved had it not been for the wav it rc,.iuestcd prior ~nd current approvals of land under their ownership. The restructuring of the activity center boundar2:, that would result from this shift from the II 1~' Avenue frontage to North Tamiami Trail frontage, given its higher level of highway importance makes more sense from a land use point of view. I1 I'" Avenue North poses a much more constrained opportunity for responding to traffic impacts. Staff is of the opinion that a determination of consistency in this case is one that is less clearly defined bv thc FLUE. and is subject to interpretation. In our opinion it is consistent ifthe I3CC says it is. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the existing Beachway PUD will generate approximately 6.384 trips per weekdav. }-towever. the proposed petition will generate approximately 2.897 average v,'eekdav trips at build-out, l'his amount may be reduced once trip adjustments are made. This represents a 55 percent reduction in the site gene;atcd trips. Based on this data. the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41 after trip adjustments and assignments are made. In addition, this petition will not lower the level of sen'ice below the LOS "D" standard within the project's radius of development influence (RDI). ThereIbre. the project is consistent with Policv 5.1 & 5.2 of the Traffic Circulation Element (TCE). 3EC 0 8 1998 7 ('onservation and Open .Space - Jurisdictional wetlands have bccn preserved and x~ill be set aside in perpetuity at a subsequent approval phase. Jurisdictional wetlands account for required native vegetation prcsen'ation. Stipulations governing conservation and protected areas are covered by provisions in the PUD document. The open space preservation requirement of sixty (601 percent will be exceeded given the fact that this petition is for a golf course v, hich itself qualifies as open space. Water. Sewer and Storm Water Mana/~ement - 'I he subject property is sen'ed by the County's sewer and water system. The project will be designed according to [.DC requirements for storm water management. During the site development plan approval process an.,.' approved plan ,,'.'ill be required to be consistent with all relevant provisions of the I.DC. In the opinion of staff approval of this petition is consistent ~.x'ith all applicable elements of the Growth Management Plan. HISTORIC/ARCttAEOLOG ICA L IMPACT: Stall's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability or known archaeological site as designated on the official Collier County Probability Map. Staff has reviewed the historic and archaeological sup.'ev and assessment conducted by Southeastern Archaeological Research. Inc. and finds that no archaeological sites or historic siructures xvere discovered during thc sun'ex'. The PUD document provides that in the event of accidental discover' all work shall cease and the Collier Count.,,' Code Enforcement Department shall be contacted EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE? The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review bv the Community Development Environmental and Engineering staff, and {he Transportation SeC'ices Departmer~t staff. Staff recommendations are included in the Development cc, mmitments sections of the PU'D. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land usc change, be the.,.' positive or negative. culminating in a staff recommendation based on that comprehensive oven'iexx'. ]'he listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of thc pote~i~,~. .-. or considerations identified during thc staff review are listed under each of the criteria 081998 I categorized as either pro or con. v, hichever the case ma~ N.'. Staff reviev~, of each cd' thc criterion is follo,.ved b>' a summar>.' conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are compleled as separate documents and are attached{ to the staff report. .Appropriate evaluation of petitions for rezoning should establish a factual basis ibr supportive actidn by appointed and elected decision makers. The evaluation by professional staff should typicall>' include an anal>'sis of the petition's relationship to the community's future use plan. and whether or not a rezoning action would be consistent vdth the Collier Count.,,' Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e.. sewer, water, storm drainage and private utilities/ and other infrastructure ~i.e. community facilities and sen'icesl and compatibility with adjacent land uses. a consideration usually dealt with as a l'acct of analyzing thc relationship of the rczoning action to the long range plan for future land uses. Relationship .to Future and Existing l.and Uses - A discussion of this relationship, as it applies specitically to Collier County's legal basis for land usc planning, refers to the relationship of the proposed zoning action to the Future Land Use Element ot' the Collier Count>>>' Grov,"th Management ['lan. Clearly the golf course component of this petition is consistent with permitted uses authorized to occur within the urban residential designated area..A portion of thc subject land is located within an activity center, and therefore as such qualifies for commercial land uses. however, this '' proposes to adjust thc boundaries of the activity center through provisions of the FLUE that expansion ofactMtv center boundaries. In the opinion of staff commercial development on thc North Tamiami 'Frail {U.S. 41N) is preferable to commercial development on 11 Iu' Avenue North. ]"he potential to vdden 111'" Avenue North beyond four (4) lanes is not possible without incurring substantial costs. On the other hand the six (6) laning of the North Tamiami Trail (U.S. 41 N.) is a committed improvement project {i.e. >>>'ear 2000). Additionally it is staffs opinion that the limited area lying north of the \Valmart Site in this PUD thht is not intended for use as part of the golfcourse system has little value for housing. The impact of the highway and surrounding commercial development makes this limited area of land undesirable for residential uses. With respect to the issue ofcompatibilit>', it is staffs opinion that the use of land as a golf course, and the commercial frontage on the North Tamiami Trail are clearl.', compatible with adjacent land uses. However. the tract of land (i.e. 5 acres more or lessl lying north of Walkerbih Road lies between a restaurant (Ba>' House} and mobile home development. Should this property be used as a golf maintenance facility it ma,.' have a negative visual impact on adjacent properties unless extensively screened from these properties. '1"o achieve that event a solid wall should be constructed within ten IlO) feet of the east and _,.vesk~ · property lines with the outer ten (I 0) feet landscaped with mature canopv trees to I rjEC 08 1998 fi'om elevated t'loor levels on adjacent propcn>'. Thc frontage along Walkerbilt Rt,ad shouh.] bc vegetated to achieve a 100 percent opacity screen except lbr required dri,`'ewavs. Commercial development alom', thc North Tamiami Trail ~['.S. 41 N. presents no compatibilltv, . issues. Trat't'ic - :\nalysis for consistency with TCE policies advised that this project ',','ill not have a significant impact as measured by TCE policies and. is therefore, technically consistent with the GMP. Clearly the traffic analysis indicates that the 5°i, of 1.OS "C" standard, nor Radius of Development impact standard on LOS is adversely affected. Thc trips generated bv thc proposed PUD are approximately 55% less than allowed bv thc current PUD {Beach~vay}. All traffic entering and exiting the Section 21 PUD will be limited to drivev, uys located on thc North Tamiami 'Frail (U.Si 41 N.). except for access to the Walkerbilt I)rive site. and golf course maintenance drives off of 1110, Avenue North and Vanderbilt Drive. lnterconnectivil>' to adjacent land has no practical value, inasmuch as this is singularly a golf course ,.,,'here adjacent relationships have no importance for facilitating access to commercial activities. The one exception is the relationship of the commercial tract to the \Valmart Site. No provision ,.,,'as made for the Walmart Site to provide an access easement to its north property line. Without such an access easement it is impossible to bring about an interconnection with the proposed commercial tract. Nevertheless. an interconnection of some type even if limited to pedestrians will be beneficial panicularl>' in the event a hotel locates on this property. : Utility Infrastructure (i.e. Sewer, Water, Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system, evidence ,.vhich further attests, to the timeliness of development of property. All de,`'elopment must comply with surface water management requirements invoked at the time of subdividing or approval of SDP's whichever first occurs. Community Services Support Facilities - Fire. police and other emergency sen'ices can be readily provided from thc appropriate provider jurisdiction. The North Naples Fire District has submitted an application for Site Development Plan npproval for a site recently rezoned to accommodate at fire station east of Goodlette-Frank Road. Another North Naples Fire District fire station is located on Vanderbilt Drive at 90, Street approximately two 12) miles north of the subject propert>'. Master Plan and PUD Development Standards: Master Plan - On all exposures except the North Tamiami Trail IU.S. 41 N.) frontage projects a golf course view. The clubhouse site is not within view of adjacent propen>'. Access to the Clubhouse and related activities area is from the North Tamiami 'Frail It'.S. 41 N.). Other access points are limited to golf course maintenance purposes. PUD Reeulations/Development Standards - The PUD regulations primaril>' have relevance for commercml development. Commercial dexelopment standards '111 allo ., - '-'e':e~'t,--~'^cf~-o-' , (50) feet. Setbacks from the North Tamiami Trail require a minimum of thirt>' (.,01 feet plus five I feet for each additional stors' so that a live ~5} stors' building ~ould be set back a distance of fllt>' (50) feet. Commercial development will have to comply with I.DC architectural reqt, irements. STAFF RECOMMENDATION: That the Collier Count>' Planning Commission recommend approval of Petition PUD-9g-13 as described by the Ordinance of Adoption and Exhibits thereto l i.e. Pt;I) I)ocumcnt and Master Plan. I~)NALD F. N'IN~J, AICP CURRENT PI.ANNING MANA(;ER DATE REVIEWED BY: a6BZ'RT,9. VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DE',,'. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-13 Staff Report for the November 5.1998 CCPC meeting. COLLIER COL,~TY P~NG COMMISSION: .MIC~. BRUET. CHAIRM..\N PLD-~I~-IJ SIAl'} R[PORI,md /,, DATE DATE 'JEt;= 0 //8 199J. FINI)IN(;S FOR Pt'l) I'UD-98-13. COIA. IER SECTION 21 Section 2.7.3.2.5 of the Collier County l.and Development Code requires thc Planning Commission to make a finding as .) thc I'1'I) Master l'lans' compliance with the lbllowing criteria: The suitabiliD' 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. Pro: Ii) Public utilities and highways are in place to support the planned uses of the land (ii) Physical characteristics of adjacent land as represented by their use arc clearly compatible with the planned use. Con: None. Finding: Jurisdictional reviews bb' 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 and be consistent with Count.,,' regulations. Any inadequacies which require supplementing the PUD document ',,.'ill be recommended to the Board of Count,.' Commissioners as conditions of approval by staff. Recommended mitigation measures .`,.'ill assure compliance with Level of Sen'ice relationships as prescribed bv the Gro.`v'th Management Plan. Adequacy of evidence of unified control and suitabilit)' of an.,,' proposed agreements, contract, or other instruments, or for amendments in those proposed, particularh' 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. Pro/Con: F. valuation not applicant. Finding: Documents submitted with thc application pro.`'ide evidence of unified control. The PUD document makes appropriate provisions fi~r continuing operation and maintenance of common areas. Conformi~' of the proposed Planned ['nit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) the development strategy described by the PUD is structured to be consistent .`.`ith all applicable goals, objectives and policies of the GMP. Con: (i) None. 5}E (: 0 8 1998 Finding: I"he subject petition has been I'~mnd consistent with tile goals, objectives and policies of the Growth Management Plan...\ more detailed description ot' this conformity is addressed in the Staff Report. The internal and external compatibilit3.' of proposed uses, which conditions ma.,,' include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: Iii l.and uses are compatible with ad acent properties. PUl) dcxclopment standards acknov.'ledgc the applicability of LDC requirements which are aimed at achieving internal and external compatibility. (.'on: (i) None. Finding:The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to ser~'e the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside bv this project is greater then the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding:Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1. also applicable for this finding. The ability' of the subject propcrP..' and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability. as applied in this context, implies supporting infrastructure such wastewater disposal system, potable water · supplies, characteristics of relative to hazards, and capacity of roads, is supportive of conditions eeanating from : 'iii:c: 0 8 1998 urban development. This assessment is described at Icngtl~ in the staff report adopted by the CCPC. Relative to this petition, development of thc .subject property is timely. because supporting infrastructure is available. 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 de~rce at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Findinv.: This finding essentially requires an evaluation of ~he extent to which development standards proposed for this Pt;I) depart from development standards that would be required for the most similar conventional zoning district. Thc development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. f INDIN('i~, Fi' ~R I'! ;I).o8.13 mO. 1998 R. EZON I-: FINDINGS PETITION I'UI)-98-13. COLLIER SECTION 21 Section 2.7.2.5. of the Collier County l.and Development Code requires that the report and recommendations of the Planning Commission to the Board of Count',' Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent ,.~ith the ~,oals, objectives, and policies and Future Land Usc map and thc clements of the (;rmvth Management Plan. Pro/('on: [i'.'aluation not applicable. Summa~' Findinl~s: The proposed development is in compliance with the Future land l;sc F. lemem of the Growth Managemcm Plan for Collier ('ountv and all other elements. their objectives and policies. Companion PUD Findings evaluation as ,.,,'ell as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The properny is undeveicped except for a stormwater management lake that serves the Walmart Center. The property is extensively vegetated and contains an extensive wetland system, which is reflected cn the PUD Master Plan. The land is currently zoned PUD with 5he rural agricultural 5racn lying north of Walker~ilt Road. The Frouerty has an ~u~a:- boundary Essent:~i'5' ~he foilcwinc relationships exist. Surrounding: Norzh To 2he north cf :he crccerty lies adjacen: Waikerbilt Road and the Cocohacchee River sysEem. On the .,o .... sl~e ~ Watkerbi!t Road, property not included in the PUD both commercially deve!qped east cf PUD portion ~ay House : I ?,[[; 0 8 1998 Kes%aurann~, ant ~_/__~p_~ wlth two Mobile Home Parks (wesn cf the PUD East Properties generally lying east of the property includes the Walmart Site, office building (under construction), former Kaki's ResLauran% and Lounge, Bay House Restauran% and Mobile Home Parks. South Properties adjacent the south side of the PUD include the Walmart Site, Naples Park residential area along iii" Avenue North, Naples Park Elementary School, Saint John The Evangelist Church and Vanderbiit Villas. West To the west of Vanderbilt Drive opposite the western limit of the PUD lies undeveloped land, now zoned PUD as The dunes PUD a proposed multiple family deveicpment and the cemetery. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summar-,' Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation. an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, support the timing relationship and justify revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically dra~vn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summan' Findings: The district boundaries are logically drawn and in part predetermined by. the FLUE to the GMP. ~,:"~~- 1998 Whether chamzed or changing condition.~ make the passage of the proposed amendment necessary. l'ro/Con: [ivaluation not applicable. Summary Findings: The proposed zoning chan,.:e is appropriate based on thc existing conditions of the property and because its relationship to the FI.UF. tFuturc l.and l-]lcmcnt ol'thc (iMP} ~s a positixc one. Whether the proposed change ~,ill adversely influence living conditions in the neighborhood: ('onliguou% relationship, I'r~m~ a golf course clearly makes for a compatible relationship. (ii) '['he commercial component is located on thc N. Tamiami Trail and lies adjacent and opposite existing commercial development clearly establishing a consistent relationship. ~ Con: (i~ None. Summary' Findings: Thc proposed change x~.ill not adversely inlluence living conditions in the neighborhood because the recommended development standards ant other conditions for approval have been promulgated and designed ~,~ ensure the leas' amtmnt of adverse impact on ad acent and nearbv developments. Thc only contiguous residential development lies adjacent to thc proposed golf course. Whether the proposed change ',,.'ill create or excessively increase traffic congestion or create types of traffic deemed incompatible v, ith surrounding land uses, because of peak volumes or projected D'pes of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: All ingress and egress to thc property is via a major arterial dMded highways {i.e. [i.S. 41NI which provide for best management practices relative to turn lanes. (ii) No traffic level of sc~'ice v. ill be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con: (i) None. Summan' Findings: [!valuation of this pro.ject took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was lbund consistent. a statement advising that this project when developed will not cxcessixely in. creas~e ~ congestion. Additionally certain traffic management system improvcmeq~s aro.~4'&~ct[~[l~' .3 1 , 0 8 1998 ,,'? as a condition of approval l i.e. turn lanes, traffic signals, dedications, crc. I. anatvsis all projects are subject to the Concurrency Nlanagement system. In thc fi~al o I0. Whether the proposed change ,,,,'ill create a drainage problem: Pro: The project design for storm v. ater management will be designed in accordance with Collier County requirements and the rules and regulations of the South Florida Water Management District. Con: Ii) None. Su~nmarw Findings: Ever5.' project approved in Collier County involving the utilization of land for some land use actMty is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project ',,,'as reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deticiencies would be further exacerbated b.',' developing vacant land, the Count,,' is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summar-,' Findings: All projects in Collier Count.,,' are subject to the developm,ent 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.) '.,,'ere designed to ensure that light penetration and circulation ofair does not adversely affect adjacent areas. Whether the proposed change ,,,,'ill adversely affect properD' values in the adjacent areal Pro: (i Typically urban intensification increases the value of contiguous underutilized land. Other orientations deal with similar land use. and therefore should ha,`'e no detrimental effect on land value. Con: (i) None. Summar-,' Findings: 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 zoninu.~ however zoning by itself may or ma,`' not affect values, since value determination by la,,,`' is driven by market value. The mere fact that a property is given a next' zoning designation ma.,,' or may not affect value. 4 ~ DEC 0 8 1998 II. 12. 13. 14. 15. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance ,,,,ith existing regulations; Pro/Con: f/valuation not applicable. Summary' Findings: Thc basic premise underlying all of thc development standards in the zoning division of the Land Development Code 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 resuh in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual ow'ncr as contrastinl~ with the public ~elfare: Pro/Con: [~valuation not applicable. Summary Finding.52' Thc proposed development complies with the (iro,,vth management Plan. a public policy statement supporting Zoning actions when the.,,' are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant o£ special privilege. Consistency with the FLUF. is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why thc property cannot be used accordance with existing zoning: Pro/Con: Evaluation not applicable. Summar-v Findin. g~.: The subject property is zoned PUD and Rural Agricultural. The revision scr~'cs to allow the petitioner to change their PUD strategies to more readily marketable development of thc property. Whether the chan~e suggested is out of scale with the needs of thc neighborhood or the County' l'ro/Con: [(valuation not applicable. Summary Findings_.' The proposed development complies with the Growth Management Plan. a policv statement which has evaluated thc scale, density ,and intensity of land uses deemed to be acceptable Ik)r this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: livaluati{m nt)t applicable. 1998 Summars' Findings: This site in part is zoned "PUl)" Planned l.'nit l)cvclopmc~t. Whether or not there are other similarlv zoned residential areas is irrelevant. To den',,, rezonint~ v.'ould be to den5' the property owner the right to use thc land in a manner consistent '~,.'ith the GMP. .-ks far as the PUD is concerned the development as a golf course represents a large decrease to intensity of land uses nov,' allo,.,.'cd. 16. The physical characteristics of the proper't)' and the degree of site alteration which would be required to make the propertv usable fl~r an)' of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summars' Findings~.. The site ,,','ill be altered to thc cxtent ncccssar)' to execute the development stratek2y' 17. The impact of development on the availabilip,, of adequate public facilities and sera.'ices consistent with the levels of sera.'ice ad~pted 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: determined that required infrastructure meets with CiMP established relationships. NOTE: ..GM[~ as used herein means the Collier Count)' Growth Management Plan. FLUE means the Future Land Use Element ofthe GMP. Staff reviews for adequacy of public sen'ices and le,.'els of service PUD-98-13 R£Z()N[i ,t INDING,,,,md 08 998 I £TITION NUMBER DATE RECEIVE APPLICATION FOR PUBLIC HEARING STANDARD REZONE AND CONDITIONAL USE REOUESTS PI.AN%'ED ~IT DEVELOPMENT REQUESTS '%AN/~/NG SSfl~CE~ COMMUNITY DEVELOPMENT AND E~IRONMENTAL SERVICES DIVISION CU~NT PLA~FNG Name of Appticant(s) Chiller Develc~ ment Cor oration Applicant's Mailing Address __3_0_.03 N~rlh Tam. i,.qm__.j_T_rail, Suite 400 City, _ Naples State Florida Applicant's Telcphon:: Numb,zr: I~,u:;.:_ 94 I/. 261-4455 Fax.: Is the applicant the o;vncr of' the subjeci property?. X (a) If applicant is a land trust, so indicate and name beneficiaries belov,'. (b) Zip _ 34103 94.1/263-4437 Yes No If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a panner.~hip, limited partnership or other business entity, so indicate and name principals below. ' ..*X (d) If'applicant is an owner, indicate exactly as recorded, mad list ail other ov,'ners, if any. .. _ (e) Ifapplicant is a Jesse< attach copy of lease, and indicate actual owners ifnot indicated on the lease. (f) Ifapplic,'mt is a contract purchaser, attach copy ofcontract, and indicate actual owner(s) name and address below. *See Attached list of officers and shareholders and cop3' of deed. (If space is inadequate; attach on separate page.) 2. Name of Agent Georec I.. Varnadoe, Esq. Firm ..Young,, van Assenderp & Vamadoe, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 Ci~,. Naples State. Florida Zip 34108 Agent's Telephone Number: Bus.: ... 941/597-2g14 Fax.: 941/597-1060 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVER.ED BY THE APPLICATION (If space is inadequate, attach on separate page. Ifrequest involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit four (4) copies of survey (I" to 400' scale). 0 8 1998 THE APPLICANT IS Ir~SP()N..3LE FOR SUPPLYING ]'tiE COR.~,~cC'I' I,EGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. ~. eCTION 2t e attached Exhibit, legal description. TOWNSHIP 48 South RANGE_ 2.5 East. o Size of property +5280 fl. X +2500 fl. Acres -+-267.44 Address or location of subject property Is between U.S. 41 on the eastern border and Vanderbilt Drive .t.he western border, lying, north of 111u' Avenue, and south of the Cocohatchee River. Existing land elevation: 0 - 10 feet Count],' Flood Criteria Elevation: Date subject proper-ty acquired (X) or leased ( ):. Term of ieee yrs./mos. 15th da)' of.. October _12 feet _, 19 5._..~3. b. If, Petitioner has option to buy, indicate date of option: · and date option terminates: -' Does proper~y o~t.'ner own contiguous properD. to the subject proper~y? If so, give complete legal description of entire contiguous proper~y. (If space is inadequate, attach on separate page)...Yes, in addition to portions 0f the Collier Tract 22 Planned Unit Development across U.S. 41, a 5.58 acre parcel is under the sam, ownership as described on t?,e attached listine, of corporate officers and shareholders. THIS APPLICATION IS I'NTENDED TO COVER: (Check which type of petition you are requesting): X A. REZONING: PRESENT ZONING PUD & Ae:ricultural REQUESTED ZONING PUD FOR Golf course and commercial _ B. PROVISIONAL USE OF ZONING FOR 10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): _This petition proposes a decrease in density, intensiW and resultant impacts From the $00 dwellin.~ units authorize,I jn the existing: PUD to no dwellin~ units. Additionaliv, the number of acres elie:ible for Activity center commercia, zoning has been reduced from +13.3 to ±3.4 acres and has been reconfi~.ured and moved from 111 u~ Avenue to front ..on U.S. 41 adjacent to developed commercial zoning, on two sides. II. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? IF YES, PROVIDE COPY OF TH'E DEED P,.ESTRICTIONS. _ YES X NO 12. 13. IS THIS REQUEST A RESULT OF A VIOLATION? No IF SO, TO WHOM WAS THE NOTICE SERVED? HAS A PUBLIC HEARSNG BEEN HELD ON THIS PROPERTY WI'IStIN THE LAST YEAR? IF SO, 14. IN WHOSE NAME? No ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No TYPE: CBS , FRAME , MOBILE HOME OTHER no /7' DEC 0 8 1998 Pt:. I, .Jeffrey M. Birr being first duly sworn, depose and say that I am Vice-President of Ct Ii Development Corporation, the owner of the property described herein and which is the subject matter o~ proposed hearing; that all the answers to the questions in this application, and all sketches, data, and 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 this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. COLLIER DEVELOPMENT CORPORATION By: ~~irr, Vice President, YOUNG, ,,,~ ASSENDERP & VARNADOE t~qfX George L. Vamadoe State of Florida County of Collier SEAL x The foregoing Application was acknowledged before me this. by ~ Plk. Fr'5 ~ .~ ¥ ."P. who is personally known to me er '"~-^ as-identi-fieation and who did (did no_..~t) take an oath. (Sig~ture of Notar~y Pu~blic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # 0_~ My Commission Expires: G:\US ER-S~ ANA'~Wpg'~S I:'CTI ON 21 ,~F_.Z O.N'E Aj~p.,tGx~(,~ll 1998 pn ~ _ 1. (b) as follows: Collier Development Corporation's Officers as follows: Miles C. Collier, President Thomas J. Flood, Vice President Jeffrey M. Birr, Vice President TerQ' L. Flora, Vice President/Secretar)' blichael O. Taylor, Vice President Shareholders arc as follows: Miles C. Collier Barton G. Collier II Trust Inglis U. Collier Trust Collier Business Trust i. Owner is Collier Development Corporation. OR Book 31, page 118, Collier County, FL, title deed for subject property. SEE COPY ATTACIIED Contiguous property to the subject property: Folio Tax I.D. 00154760005 Owner: Collier Development Corporation by OR Book 256, page 499, Collier Count)', FL. Legal Description: A parcel of land lying in Section 16, ~o~nship 48 South, Range 25 East, Collier County, Florida, described as follows: Com-~encing a% the Southwest corner of said Section 16, run N 89'33'45" E along the South line of said Section, for 1197.99 feet, to the Point of Begin- ning, said point being 1549.39 feet westerly of the South Quarter corner of said Section, said point also being the begir~ing point of Bulkhead line No. 4, according to the Bulkhead Line Plat as recorded in Bulkhead Line'Plat Book 1, Page 15, of the Public Records of Collier County, Florida; thence run the following courses along said Bulkhead line ~ 37'07'15" ~q, for 340.08 feet, to a point of curvature, thence %81.13 feet along the arc of a curve', concave to Southwest, having a radius of 270.00 feet, and subtended by a chord having a bearing of N 7J'33'37.5' W, and a length of 350.27 feet, to a point of tangency; thence run S 62"00'00' W, for 348.13 feet to a point of curva- ture; ~nd ~hence 221.16 feet along the arc of a curve, 'concAve to ~he southeast, having a radius of 127.84 f~et, and subtended by a chord, ~aving a bearing of S 12'26'22.5' W and a length of 194.59 feet, to a point, said point being the end point of said Bulkhead Line No. 4; thence run N ~9~33'45" E, along the South line of said Section 16, for 896.61 feet,' to the Point of B~ginning, said parcel containing 5.58 acres. 1998 Collier, Jr. rand ~1~ Collier of ~:.e CI~7 cf Evv:'gi~,,Jes, Collier Count7, 3tare of Florae. {hero,hafner c~i~,~ ~r,,. ora. %ors), Joined tt.~ ~ran:ors) to Collier Levelopmen% corporation, h~vlaE an cf: ICe and F!ac- c~ Ou~Ines , at Ever~]lades, ~lorida (hereinafter c,,:;e,t tr,. Ornqt.~). The Grantors an~ the wives of ~P.e drantors n~reby rar.~, oonvey and transfer to the Grantee its successors aha ~aslgns. the follo.ing d~scrlbed lands sl~ua:e lying and being r, Collier County, State of Florida: ~e following Lots ~n the City of Napl.~ according to the Plat ~.~of reoorded in plat book ~ellier Cowry, Florida: ~ TIER L~S 21 6 20, OEC 081998 City of Naplea- cent:hued: BLOCK TIER LOTS. 2] ] 11, 12, 21 nad 22 2] 5 11 and 12 In the Ocean Vie. kddlton to the To-n oF ;,rpl0~, euco "n~ to Plat f!led in Plat Boo;: 1, Page 3 o£ tr, e 2ut!~c :;~'('gr,ls oF ~o!]'ler C~unty ~1orlda, the follo.~nc: Lots ] ~ru~.jh 2.?, b~,t~. ~nclu~lve of of Block 5. T°~nshlp_50 South_ fianm.~ 25 E~ Soctlon 1 North Half (N~) of North East Quarter (t;~); Nest hnlf (W~} ~f North · est Quarter (NW~) of North West Quarter (NW~); Nortr, &'est Quarter of Southwest Q~rter (~) of Northwest ~p~rtcr (N'~; South Half (~) of the Northeast Quarter (NE~) of tnb Northwest ~ ., ~u~..er ( ) and the Northeast Quarter (NE~) oF the Northeast Quarter (NE~) of the North.os C q~rter ~ 50 South ~ Se.__~ctl~on J{Town of Naple~ South Hal£ (8~) o£ Oov't. 4et 1; Oov't. Lot £ exce~,t the West 20 sores; Oov,t. Lot 5 except west 20 acres; Oov't. Lots 0, '! and 10, except Highway r1~ht-o£-way 1~ 10; Oov't. Lot ,~, except ~,st I~O acres. All Oov't. Lot 8, lyln~ East To~-nship ~O $outh~ ~anKe 2~ Enst Sectlo~ lO(Town o£ Napl~ Fractional East Half (£~), except Gev't. t~.ts 1, £, and 3. (Includes Oov,t. Lots ~, 5, 6, and 7). - 2 - DEC 0 8 1998 Township ~'~_q South ~ Sectlo,~ 11 Southwest Quarter (SW%) of Northea,t ~uarter (};E~) of Northwest quarter (h'W~) except that port~cn lying Sout~ o~ U. S. Hi..ay ~1; Southeast Quarter (8E~) of South.est ~uarter (SW~) of North.est Quarter (F~); Northeast quarter (h~) South.eat quoter (3W~); West Half (w~) of No:'tnea~t Quarter (NE~) of South.eat Quarter (SW~); East Half (E~) of Nort~.weot Quarter (~ of South.eat Quarter (S~'~); South.est ~usrter (SW~) of South.est ~u~rter (~W~); Southwest Quarter (SW~} of ~;ortnwest Quarter (N'fl~) Southwest ~uarter (S'6~); *est Half (W~) Southwest Quoter (S'6~); Lo:~ ~ and as recorded la Plat Booz 2 on Peg.. ~2 of t~,,~ .~uul'. ',.:~,rq~ of Collier County, To.nsh[p ~0 South, Ronzo 2'~ All lying South ar.~ To,nahIp ~0 South Ra,~ge 2.: £oq' Sec:':., X!l lying South a*,_~ ,_,_,: of U, S, =:0'.*~.. ,,! e~c,~r~ .,~t Township .Northeast Quarter (NE;) cf South,e~t ,~u. tcr (B~'C~); .,es, Hall:' (~'j)) Of Northwest Quarter ();',~); Scuthesst ~:art.r (SE~} of I.orthweat quarter {~*'~); North.est quarter (NW~) of Nort~eost Quarter ()~l) of North.eat Quarter (~); Lots 55. 56, 5~ 58, 59 end 116 of )(aples Orove and Truck T_o,nshlp ~0 South_ Ranle £~ East Sect~cr. l~.(Town o£ Gov't. Lots 1 and 2; That portion of Bov't. Lot 3 lylng East of Boat ~annel; Oov't. Lot 6 except the East Half (E~) of the Southeast Quarter (SE~) of the Southeast Quarter 9EC 0 8 1998 To,nehip 50 South flange 25 Emat Sectlon 221Town or Naplem~ Oov't.Lot 1; Oovmt.Lot 2, except that portion deed to J. O. Sample Nay ~3, 19~9, by Collier Corporation; Gov't. Lot 3. except Northeast Quarter(h~) of Southeast Quarter (SE~) of ~;nrtheast Quarter~ (NE~); Oov~t. Lot 8, except T. E. Walton 10 acres. Township ~O South RanKs 25 East Section 2~ '~est HaLf (W~) except :;crib Half (:;~.) of Southwest Quarter (S'~'t) of North,est Quarter (Nw'~). Lot 60 of ~;aples O;ove and Tr~k Company's Little Farms N~,bor 2 according to Pint recorded In ~!nt Boo~ 1, Pe~e 27 of the Public Records of Colller Co~mt'/, Florid,. ?o,n~hip ~0 South ~nnEe 2~. En~t S~-ct'~on 2~. All ~o,nmnlp 50 South Annie 2~ East Al1 To,nship ~0 South Oov't. Lots 2 and Sectie,~ 27(7oon of ~aples1 Township 52 South !(cn6e 27 East S(.cttor~ l0 Oov't. Lot 14 except Auxiliary Lots ] and 4 tnereo! and except oki, gas and mineral rl~qts and except~n4 the Ooodland )(e~nts Subdivlalo~ accordln8 to the Plat thereof as recorded in Plat Book 1, Page 85 Of the Public Records of Coll~er County. ~.o,neh£p ~6 South Range 28. East Section 26 The West Three quarters (! 3~) of the Southwest quarter (S~¼) of the Southeast¢.~uArter T~o~nehl? ~6 South B~n~e 28 East Southeast Quarter (SE~) fractional. section 34 -k- DEC 0 8 1998 Tho South Half (S~) fr~rticnal. Townsh~_3__~6 Sou~n ~e 28 E.st Section Tho Southwest Quarter (Sw~') of the Kort:~.est ~uart.~.r e×cept, ing H.t,~:hway rXght-a£-.ay, Township ~6 Sou~h ~ange 29 East Section The South Half {S½) except Highway right-or-,ay. Township 46 South Rar~o 29 East All except Highway r~g~t-of-,ay. To-nshlp 46 South RasEs 29 Eas~ Section 20 The Sou~h Half (S~) except Highway ~ght-of-way. ~o-nshlp ~6 South Range 29 East Section 28 Ail except Newmarke~ Subdivis~on and Highway rl~t-of-way. Township 46 Sou~n Range 29 East All except Section 27 Town,nip 4,6 South Range 29 East Sect:~n The Northwest Quarter ~;f6{) and toe Scu:.h Half (S~; o: the Northeast Quarter (~) except:r.~ o:i r:~%~ t: 5~u:h ~elf .3:J ~f Northeast Quarter (NE~} reserved %o p~vicus o.ne:-s. The Southwes~ ~uarter (S~{) 9f ~ne Sou:n-est Quar=er (S*~} of the ~o:'theamt ~uarter (NE~) and the Southeast quarter (SE~) of the South- east Quarter (SE~) of the ~;orthwest quarter (I;~) except~n~ H~lway right-of-way. ... C E ,'J 0 8 1998 To-nship 46 Sputh Range 2~ East Soc''~n ]4 The North Half (N~) and South, eat ~uarter (SE{) excepting that portion included in the Newma~ke{ Subdivision at Immokalee, Collier County, ?lorid~ as recorded in Plat Boo~ 1 on Pages 10~ and 10~ o£ ~ne Public ~ecords of Collier County. To___-nship ~6 South ~an~e 2~ E~st Section All excmpt A.C.L. ri~nt-o£-.a~ and ~xcept that portlnn as d.scribmd in Deed of dmte April 27, 19~3 fro= Coll~er Corpor~t~oc to U. S. Government as described in Deed Boo~ ' 0% ?a~ il0 cf tn, ?u~l!c Records of Collier County and except t~e: .... 0 , ,0 ,o.-.on .nc]uded In Ne-=arket Subdivlsic~ at iamokaiee, Collier Count./, Florlda aa record ed in plat Book I cn Pages 1%. ,~,~ I~5 of tr,- Collier County and except that land descrl:e~ la ~eed of data July 3, 1951 from Collier Ccrporation to Stale Agriculture! ~arketlng Boa~d The East Half (E~) cf tn, North.est ~Jarter (NW~) iy~nK east of Newmarket Subd" 's East cf A.C.L. ~ollroad :lCnt.cf.way and being West of ditch, excepting !and ':e~crlbed in Deer] of date Februa~ 8, 1951 to WrlEht ?~p Company and exceptin~ !and described in Deed dated July ~, 1'{~i to S~ate o£ Florida ACr~cultur~] ;.:ark, ting Board. The East Half {E~) o£ Northeast Quarter (NE~.) of Southeast quarter(SE~) o£ South,est Quarter {S',v~): :;orthecst qJarter (NE;Sol Southeast Quarte~ (SW~) South cf A.C.L. '°Ent-c:-,av excoptln~ that land de~cribed in Deed of date :.larch ~- i~5' £:'om Collier Corporation to A.C.L.Railroad; South,est Quarter (S£%) South o£ A.C.L. rlEht.of.ea~; East H~lf (E~) of Southeast Quarter (SEt) Sorth of A.C.L. riEnt.o£.,a and South of State High,ay number 29; Southeast Quarter (SE~) North of High,ay 29 exceptinE Hl~heay rlght-cF-,a¥ £o~ State Houd 8~6 and ex- cepting 3.21 acres described in Deed Book 17 PaKe 380 of the Public Records of Gollier County. - 6- .... 0 8 1998 Township 47 South Range 2C~ East Section h Lots 1 tm'ouch 6, and 1~ th~-ough 16, both lnclu:Iv~ of Bloc~ 1 of Frs( ~hidden's Subdiwision according %0 Plat %bar..of recorded In Plat Book Page 3~ of the Public Records of Collier Count7, F!or~J~ To-nshtp ~7 South ~!9-~E,~ 29 East So~:; ~ To-n~hIp ~7 South h~n~e 2¥ Ea~% Section 9 All except the North Half (N~) of the Hortn naif (H~) o;' Ch& Northeast Qu~ter(NE~) of the Northeast Quarter ~ .... ) nnd except t,e South of tho North,eat Q~rter(Nw%) of the Northeast Quarter (NE;) o? the Horthems t Q~rter To,n~hlp ~7 South ~anf~e 2~ East So:t!on 11 All except A.C.L. Ri~t-of-,ay a~ except North,est Qu~rter(~),of South,eat Q~rter (SW~) of North,est Q~rter To,~ahip ~2 South Range 2~ East Section 2~ South Hell (8~) except U.S. High,ay ~ and State Ho,d 29 and canal A.C.L. To-nsh~p ~8 South Ra~e 2~ East Sect[on 21 All except the Lloyd Ruby p~cel ma recorded ~n Deed Book 22, 317 of the Public Record~ of Collier County, Florida. To'~shlp ~8 SOU~ R~nge 25 Ea:t Sectlon 22 ~11 except Northeast ~uarter (~) of Southeast Quarter (S~) and A.C.L. R~t-of-,ay and except ~est Half (W~) of South,est Quarter (~ Horth,ost Quarter (N'fl~) and except ~es: ~O fee: of Ea~: half(E~) of South- -c~t Quarter (SW~) of ~ortn,est Q~rter ~Nw;) ly!n~ Soutr. cf Horse Creek, and except Rl~t-of-e~y to Florida Fo~er & Light Ce. b'/ Deed dated A~us~ 24, 1953. ~o, nshlp ~8 Seth Range 2~ East Section 27 except All except A.C.L.Rlght-of-eay, ond/Flor~do ?o~er '~ L~,]~: '-o. r~g:,t/o~'/~ay Toenshl2 ~8 8o~th Range 2~ East Section ~2 All ~rmctio~l lying North of Vmnderb~lt beucn ,~o~d except that lan~ described In Dee~ of dmte November 23,1948 ~rom Collier Corporm~ion J. ~. Coane~ mhd Son. AGEN - 7 - ~EC 0 8 1998 To,nsh~ Rm',ce 2~ East Sectlon.~ All lying North of the Vanderbllt Beach ;{o~d except I, ortn of North Half (N~). ~ ~ s~ctlo~_jk_ All except A.¢.L. right-of-way, and except r[ilnt-of..ay to Florida Light Company by Deed dated August 2~, ~ ~ Section~ All except A.C.L. right-or-,ay, ahd except r:dht.o~'..ay to Florida Power & Light Company by deed dated August 24, 19~3. ~p-nahip ~ South Ha~ze 2~ East Section 10 All East of A.C.L. r~ht-of-.ay exc,,$,ting Rig~t-of-.ey to Florida Po-er and Li~t Company by Deed d,,t-d Au,]u,t 2~;, 1'~3. Bcuthe~t quarte~ (e-~, o~.~ .. Nzrtheast Q'~nrt.r (NE~); L~;'tneu3t Q~rter (NE~) of Southea~ ~uar.or (SE;) East cf ~r, rdor, s M:ver; hcrtneast "-~) Southeast Quarter iS,gl) o:' S~utheast Quarter (SE~); East Half (g~) Of South-est Quarter (SW{.)'of SoCthoes~ Quarter West Half (~) of Southeast Quarter (gEl) of Southoa.tt ~u~rter ~orth.~m~ (N~) and t~at portion of land of the South Half (S~) lYla~'.E~at of the West line of Railroad rl~ht-of-~ay and 5tatloa ~o-nship 49 South ~.an~e 2~ Eas~ Sect~on~ All except the South Half (S~) of Southwest Quoter (SW~ of ~the Southwest Euarter (SW~) of Bou~h.eat Quarter (SW~); Southeast Qu~Dam (BE~) of Southwest Quarter (SN~] of Southwest Quarter (Sw~). T~-n~hlp ~0 South ~ge 26 East Sec,:one 19t 20, 29. -8- Fiva parcels of lands un Chol~,olo~<ee ' ~ ' l,:'tlc.;l~ri~,' de~crlbe{ a~ folio=s: 1. Co~enoin~ st an iron pipe moAument on the ~outn~o~t ~lde o~ ~hokolo:~ss Island on the shoreline Taree h~re~ ~ort~- Tal!ahnssee ~eridian, reaches Chokoloszoe ha>.; tnenc. ,:ortn, rlrty-fo~ dc~rees East, Four }Jut, tired savant'/ taree r~et to e .~u.,bollmbo Post m~n~ent on ~e 3ou~:, uounder7 of e T~.Irtj-tl~ree ;'oo~ road.ay; thence Horth-esterl~, alon~ the South boundor7 o~' enid rood~aT, Klve fiftY-rive feet to an Iron pipe =on,Jacnt o", :he Be7 ~:mrellne ca ~;crtn.~est side of Chokolo~kee Island', t~,unce ~outh,,~terly alon~ Shoreline Eighty-two reef to a point of Cho.~closl:ee '.slcnd; anence lcuthessterl~ alon~ BaT suoreIlne of C~;o;:o!9~,~ee island, Tl~ree nlnety-alx feet to the point of be~i~inc~ ?~e Pl~t~bove mentioned Lot n~bered Ten b~In~ rmcorded In Plat ;ook One ct Page T~enty-s~ of Collier County, Klorldc~ Public itocerJs. {ro[e..;,:r ~lth all riparian rifts.) 2, A part of ~heZoloskee Islnnd .'.lin' · t~e :'ortn'~est Quarter {N'i'~) of t~e Southmest ~uarter (S~'i) of Soct!~q 3!, TownshiPS53 Rs~e 30 East, described a~ bealnnlnG at t~e Sout~r~ost corner of Lot Five {5) of 3moll'~ood's Subdivision, Pla: .too~ 1, PaCe 20, In Sectio~ 31, thence East 18~ fe~t to ~ edg~ o:' Cno:~oloskee DsT; lr~once veer aiong edse of Bay 15~ f~ct, thence I;ert~ostcrI>. to point of beglnnln~l ~so Lot ;l~ber 5 of Chokoloskee, bernC In ~'est of Northwest Quarter (l;~i) of Section 31, Township ~3 South, Rin~e East, accordln~ to the ~ap o~ Plat of said Chokoloskee on rile and recorded In tho office of the Clerk of tho Circuit C~urt or Lee Piorida, in Piat Book l, Pa~e 20, exceptinc therefrom the to-vltl Be~lnnl~ at th~ ~outh~est corner of amid Lot 5, t~ence · lat 182 ~emt to the edge of Chokoloskee Bmy, thence Nort~msterl~ -9- along the edge of sa:~ :er 244 fee; . -~ ~, ~>e.~ o I~'~ o,1~, thence thence Southwest,,r'ly II ' f,,nt, %n-~c- ~,.,~tr,,.,,. t-fly ]U feet' to the To-nshlp ~) South roscnes Cllokoloske. b~7, run South-os~erly Northwesterly corner of Loren O. Brown's Lot os described in Deed Boo~ 10~ ~e ~ o~ the ~ublic Records ~ Co~ler Count~, ~or ~ point o~ be~lnn~n~ o~ the lsnd her~b~ doscrlbed; ~enoe run to tbs ~outb~esterl~ corner thsreo~; Lhence run s~s~rl~ cor~er thereo~ In ~he ~es~erl~ l~n~ o~ ~obert Tho~pson~s thence run ~outhes~terly alon~ th~ ~ester'l~ llne o~ ssld ~ot o~ ~ob$~ Lot horoLn descr'.b~d, ~r,~nc~ run ~r. o NorLn.o~terl./ d~rect~on, - "" ~ne .. ,{obert Tnompson's Lot 313.3 ~'oet to ~e d~r~ction ~lonG ~n. ~hore lin. o~ Cr, ok%lo~k~e day Hor%h*.s:orl~ corn.r of Lor~a.O. ~ro-n'~ Lot .n~ch ~ the point of bos~nnin~ of tho 1.nd ne:'ela d~cr:bed, con%a~n~n., er,~ .cr. mhd Coun~ R.cord~. ToG~%hor -~th all r~par~en 10 - 1998 ImF I From a stake on the }(ortnwest shore line of Chokoloskee Island nine feet Southwesterly fro: East b~Jndary of ~anCe 29, Towns.hip 53 SOuth, reaches Chokolo~kee ;Jay, run $outu*es~crly alon~ the Northwest S~ore llne of C~okoloskee .slacd 2U/ feet to a stake at the ~;ortn~cste~ly cor~e~' o~ ,~n,.:.~ 7~;o:~;,~c~,s for ~ point of bo~[aakn~ of' tae ~aa~ :;c:',,'.a ,:c..,cr~u,,.~; run Southeasterly ales., the ,',est,~:'l'y l[n,~ ~f bereft Lot 100 feet, thence at ~ight eagles Sou t.~*.sterly ~u ~',,~, t~ence );orthwe~terly, parallel to tae '6e~ter27 I tn,, -,f )~c:. :'t Lot lO0 feet to the :;c, rtn.e~terl2,, st, cra 1Cna of ia!and, thence Northeasterly along tn,~ me~do:, l~n~ c: 'Jr~ok~lOs~ee B~F to the point of be.~. r, lng l~nd r,e~'e.r: d~c:lr.e.J; to- gether 'ith all .... ~/p r.~a..~n rl~ht~, bclr,~ art o:' Lot ' nj Smell- wood's Subdivision cf East half (E~) of hcrthea~t ~uorter of Section 36, To.r. sn!p 53 South, ~an~e 2~y East. 5. Co~enclng et a stake on the I~orth~e~t shore of Chokcloskee nine feet Southwesterly from ~ere the Eost boundary of Hange 29,T 5~ reaches Chokoloskee B~y,thence run Southwesterly elon.j the Nort shore of Chokoloskee island 209 feet to e sSnke,thence Southeasterl~ feet to & stYe,thence '~,oetheasterly 2~ feet to the ~lar~]e contlnue Northeasterly 185 feet to a ~akc,thence North-esterly ~1~ tc the point of beginning, contaln!ng two acres more or ]ess and m p~rt of Lot I of Small~ood,s Subdtv~sI~n of the 'Aest Half(W~)of the NOrthwest Qu~ter(h'~%)of SectI~ 31 In 'i'o~nsh!p 5J ~Outh,Han,;e 30 and a part of Lot 1 of Small-opal's 5u ~ ' ' the Northeast Quarter( .... ~or, 3{ ,,r~,oF Sect ~n ,o~nshlp 53 South,Range 29 East. Together ~1~ s~'y a~J all bulldln~s s~tuate tne:'con. TOG~HER with ~ny and al! riE~t,tltle an~ interest of the Grantors and the wives of the Jrantors in and to uny and all bu~ldinEs and improve ~ents on or to said lends, and any and ~11 ~'lXt~es and personal property on and used in connection ~ith said lands; Together with all and singular,the tenementa,heredit~e~ta appurtenances tne~unto belonging or In any wise ap~ rtaining,~nd the estate,rl~ht,title,intereat,dower anu right of dower, property, Possession,claim and de.nd =~atsoever, as ~ell - 11- DEC '0 8 1998 equity, of the Orsntors and the wives of the .]ranto:'s, of, In and to the s a~e and every part aa~ parcel tnereo£ -lth the appurtenances; TO HAVE A~;D TO HOLD the above Granted, barjalned and described premises, ,itn the appurtenances, unto the Grantee, its successors and assigns, to its o-n proper uso, benefit and behoof forever. IN WITNESS ~!(E~EOF, the Jrentorm and the ~Ive~ of the Orcntors have hereunto set thelr ~ar.d~ end s. cI~ t~e day and year first above wrltten. S£~ned, sea.led and delivered in the presence of us: - 12- DEC 0 8' 1998 STATE OF FLORIDA ) CO~Y OF I hereby certify that on this day before me, an officer duly authorized in the State and Coun%y aforesaid to '.,kc acknowled6ments, personally appeared Barren Collier, Jr., Miles Collier, I~abel U. Collier and Barbara ~. Collier, to me kno,n to be the persona described in and who executed th~ foregoing deed and they severally ncknowiodced to m~ ~ha% they execu%ed the e a me. IN W~TI,'~':,~C, ~{~EOF, I have horo,..tn~o ac% my hand an~ affixed my off:c[al seal t?~[~ 15tn da7 of October, 195!5, ' STATE OF FLORIDA, COUI;T¥ OF COLL[~ Filed for l ecord iht 31 d-v of _..Loc.. 13.5..3_ ~n....~¢ .............. Book..31 P, ~e...~.~o ........ snJ . ecord Verified,, ,.,. DEC 0 8 1998 I.E(;AL DESCI~,II'TION PARCEL NO. I A PARCEl_ OF LANI) I.YIN(J IN SECTION 21, TOWNSItlP 48 SOUTIt, RANGE 25 EAST, COLLIER COUNTY. FI..ORII)/x, SAIl.) I'ARCI£1. OF I.ANI) Ill.;IN(; MOR. I£ PARTICULARI.Y DESCRIBED AS FOLLO\VS: COMMENCING A'F TI IE SOUTt lEAST CORNER OF SAID SECTION 21; TttF. NCF. NORTtt 89050'30.' \Vt:~ST AI.ONG TIlE SOUTItERLY LINE OF TIlE SOUTttEAST QUARTER (SEI/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; TItENCI:~ LEAVING SAID S©IJTI tERI.Y I.INE NORTtt 00009'30.' EAST FOR A DISTANCE OF 100.00 FEE]' TO .,\N INTI-iI(SECTION \VITII A I.INE 100.00 FF. ET NOR. TI IF. RI.Y OF AND PAIL, XLI.F.I. \VITI I Till.: SAI I) S()[ lTl I[:.t([.Y I.[NF. OF TI 11'; SOUTI II';AST OUARTF. P, (SE1/4) O1: SI.~CTI()~: 21: TI t!iNCI( NOP, TI 1 89"50'30" \\T;ST AI.ONG SAID PARA[.I.I.;I. LINE FOR A I)ISTANCI! OF 401.04 I:I.~ET TO TI ti.; POINT OF BEGINNING OF TI IE ttEREIN DF. SCP, It~I!I) PARCIiI. N(). I: TItENCE NORTII 89~50'30'' \VEST CONTINUING AI.ONG SAIl) I'AIL, XLLEI. LiNE FOR A DISTANCE OF 1260.82 Fl.;ET T© AN INTERSECTION WITtt A I.INE 30.00 FEET EASTERLY OF ANi) PAtLAI.I.EL \VITIt TIlE EA.' STERL'~' LINF OF THE SOUTIt\\'EST QUARTER (S\VI/4) OF SAID SECTION 21; TttENCE NORTI I 0I °32'23" \VEST ALONG SAID PAILALLEI. LINE FOR A I)ISTANCE OF 440.86 FEET: THENCE LEAVING SAID PARALLEL LINE SOUTtt 88°27'37'' \VEST FOR A DISTANCE OF 30.00 FILE'[ TO AN INTERSECTION V, qTIt 'HIE SAID EASTERLY LINE OI: TIlE SOUTHWEST QUARTER (S\VI/4) OF SECTION 21; THENCE NORTtt 01 .~,. 23 WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET: THENCE LEAVING SAID EASTERLY LINE NORTtt 89051'48'' WEST ALONG A LINE PARALLEL WITIt THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION \VITtt TIlE EASTERLY LINE OF Tt IE \VEST ONE-ItALF (\V1/2) OF THE SAID SOUTIt\\~EST QUARTER (SW1/4) OF SECTION 21; TItENCE NORTIt 01°52'47" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEE]' TO AN INTERSECTION WITtl A LINE 399.71 FEET NORTttERLY OF AND PARALLEL \VITt~I TIlE SOUTItERLY LINE OF TIlE NORTtt ONE-ItALF (NI/2) OF TIlE SOUTtt ONE-ltAI.F (S I/2) OF TItE NORTItXVEST QUARTER (N\V1/4) OF TIlE SOUTIlXVEST QUARTER (SWI/4) OF SAID SECTION 21; THENCE SOUTH 89°57'13'. WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND PARALLEL x,\qTH TIlE WESTERLY LINE OF SAID SECTION 21, SAID LINE BEING TilE EASTERLY RIGItT-OF-WAY LINE OF COUNTY ROAD C-901; Page I of 5 ~o / )",4;' i : 0 8 1998 TItENCE NORT[I 02°13'17" WI£ST ALONG SAID IUGIIT-OF-\VAY LINE FOR A DISTANCE OF 1473.,:16 FEET 'FO AN INTEP, SECTION WIT]t A LINE 1752.45 FF. ET SOUTI tERI.Y OF AN D PARALI.I';I. \VITI 1 TI fl! NORTI IEP, I.Y [.[NE OF SA1D SI';CI'I( )N 21; T}tENCE LEAVING SAII) I';ASTI'~RI.Y P, IGI IT-OF-\VAY LINF. NORTll 89°33'45'. EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 158,3.50 FEET TO AN INTEP,.SECTION V/ITl I 'I'i tE SOtJTI tEP, I.Y I.INF. OF BUI.KI lEAD I.INF. NO. 2 AS RECORDED IN PI.AT BOOK 1, PAG['. 16 OF TIlE I'UBI.IC RECORI)S OF COI.I,IF_.P, COUNTY, FI.ORIDA; TtlENCE SOUTli 20°30'21'' EAST ALONG SAIl) I.INE FOP, A DISTANCt£ OF 37.72 FEET TO A POINT OF CURVATURI'2 TItENCE S()UTI ti!RI.Y, SOtJTI {I'~AS'I'F. RI.Y, F. ASTIiP, I.Y. N()RT1 tI:.ASTF. RI.Y AND NOP, TI tEP, I.Y (TC')NTINI J1NC} AI.ONG SAID I.INI'~ AND AI.¢)NG SAIl) CIjRVF.. CONCAVI'~ NORTI lEI.ti.T, l I,\'v'IN(i A P, AI)IIIS ()F 400.00 l:l~li'l. A CEN'I RAI. AN¢iI.I.: 157°4Y50'' F()P, AN ARC I)IS'I'AN(71'; OF 1101.17 FI!I'2T T{) A PC)INT {)F P,I(VI'2I{SI:. CURVATURI.2; TI tENCE NOI?,'I'I IIiP, I.';'. NOP, TI I[iASTI:.It, I.Y, EASTI£IU,Y. AND S()[J'I'I IEASTI~P,I,Y CON'I'INUING AI.ONfi SAIl) I.[NE AN[) AI.ONG SAID CUI{VE, CONCAVE SOU'I'ItEASTI.~RI.'f, t tAVINf; A RAI)IUS OF 500.00 FEE'I', A CENTRAL ANGI.F. OF 124°16'03" f:'OR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGENCY: TttENCE SOUTII 53°58'08" EAST FOR A DISTANCE OF 505.81 FEET TO AN INTERSECTION \VITI[ TI tI.~ \VF. STERI. Y I.INE OF LANDS DESCRIBED IN OFFICIAl. RECOIUDBOOK 1355, PA©F. 1011, PUBLIC IUiCORDS OF COLLIEI~ COUNTY. FLORIDA; THENCE SOIJTtt 00°39'10'' EAST ALONG SAID \VESTEIU.Y I. INE FOR A DISTANCE OF 1066,03 FEET TO TIlE SOUTIt;VEST CORNER OF SAID LANDS; TItENCE NORTtt 89020'50'. EAST ALONG TIlE SOUTItERLY LINE OF SAID I.ANI)S FOR A DISTANCF. OF 50,00 FEET TO AN INTEl{SECTION \VITtt TIlE \VESTERI.Y I.INE OF WALKERI~ILT ROAI) AS DESCRIBED IN DEED BOOK 33, PAGE 279, I'UBIJC RECORDS OF COLLIER COUNTY, FLORIDA: TttENCE SOUTtt 00°39'10'' EAST ALONG SAID W'ESTERI.Y LINE FOR A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITIt TIlE SOUTItERI.Y LINE OF SAID WALKERBII.T ROAD; TItENCE NORT}I 89°20'50'' EAST ALONG SAID SOUTItERI.Y I.INF. FOR A DISTANCE OF 600.21 FEET: TttENCE NORTIt 89°21'48" EAST CONTINUING ALONG SAID SOUTItERI.Y LINE FOR A DISTANCE OF 731,07 FEET TO TIlE NORTItWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORI) BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE SOUTH 00°4Y07'' EAST ALONG TIlE \VESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET; THENCE NORTtt 89021'48.. EAST ALONG TIlE SOUTItERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITtt TIlE WESTERLY Page 2 of 5 1998 RIGttT-OF-WAY LINE OF TAMIAMI TRAIl. (U.S. 41, S.R. 45); TItENCE SOUTIt 00°4Y07'' EAST AI.ONG SAIl) WESTERI.Y RIGt IT-OF-WAY I.INE FOR A DISTANCE OF 505.65 FEF. T; THENCE LEAVING SAID WESTERI.Y I.INE SOtI'l'lt 89°16'53" \VEST FOR A DISTANCE OF 55.53 FEET TO A POINT OF CURVATUI~,F,; THENCE NORTItWESTERI.Y Al ,ONG SAIl) C[JRVI:., CONCAVE NOR'FI tEASTERLY, HAVING A RADIUS OF 250.00 FI.~I.;T, A CENTRAl, ANGI.E OF 62°$5'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITIt A NON-TANGENT LINE; THENCE SOUTIt 00009'30.. WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTH 89°50'30" WEST FOR A DISTANCE OF 154.92 FEET; TttENCE SOUTt t 00009'30'. WEST FOR A I)ISTANCF. OF 5.00 FEET; THENCE NORTI.t 89%0'30" \Vl!.%'I' FOR A l)lS'l ANCE OF g01.92 FEET; 'FttENCE SOIJTII Oc)%ITOT' IiAST F()R A I)ISTANCI'~ ()F 1210.~7 I:EI.~T TO TI IE POINT OF BEGINNING; CONTAINING 244.233 ACI~ES OF I.AND, MOl{l! OR I.ESS. SUBJECT TO I~ASI~MI~N'I'S AND RESTRICTIONS OF REC()RI~. I'AFICI.;I. NO. 2 A PARCEL OF LAND LYING IN SECTION 21, TOWNSItlI' 48 SOUTIt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO\VS: COMMENCING AT TI tE NORTI lEAST COI~NER OF TIlE SOUTItEAST QUARTER (SE 1/4) OF SAID SECTION 21; TItENCE SOUTIt 89°50'41.. \VEST ALONG TIlE NORTItERLY LINE OF SAID SOUTI tEAST QUARTER (SE 1/4) FOR A DISTANCE OF fl 18.47 FEET; TttENCE LEAVING SAID NORTttERLY LINE NORTIt 00°40'47" WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WITIt TIlE NORTHERLY LINE OF WALKERBILT ROAD, TIlE POINT OF BEGINNING OF THE ItEREIN DESCRIBED PARCEL NO. 2; TItENCE SOUTIt 89°21'48" \VEST ALONG SAIl) NORTItERI.Y LINE FOR A DISTANCE OF 356.00 FEET TO AN INTERSECTION WITIt A lANE PAILALLEL \VITIt TIlE \VESTERLY RIGItT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ); TttENCE LEAVING SAID NORTttERLY LINE NORTtt 00040'47'' \VEST ALONG SAID PAILALLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITIt TIlE SOUTHERLY LINE OF BUI.KItEAD LINE NO. 3, AS RECOtLDED IN PLAT BOOK 1, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF INTERSECTION \VITIt A NON-TANGENT CURVE FROM \x, qtlCIt THE RADIUS POINT BEARS NORTH 20°56'08" EAST; THENCE EASTERLY ALONG SAID SOUTttERLY LINE AND ALONG SAID CURyE, Page 3 of 5 081998 I CONCAVE NORT1 tERLY, t tAVING AIL, XDIUS OF 400.00 FF, ET, A CENTILAI, ANGI,E OF 53°0Y24" FOR AN ARC DI STANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITI 1 A NON-TANGENT I.INE \VItlCIt IS PARALI,EI, WITIt THE AFORESAID WESTERLY RIGItT-OF-WAY LINE OF TAMIAMI TILAIL (U.S. 41 - S. R 45); TItENCE SOUTIt 00040'47.' EAST ALONG SAID PARAI,LEI, LINE FOR A DISTANCI£ OF 630.00 FEET TO Tile POINT OF BEGINNING; CONTAINING 4.790 ACRES OF [.AND, MORE OR I,ESS. SUBJECT TO EASI-~MI:.NTS AND RESTRICTIONS OF RF, COI{I). I'ARCEL NO. 3 A I'ARC['~I, ()F I...\NI) I.%'I:,4(~ IN %I.~CTI()N 21. T()\VN.NIIIP 48 .'qO[JTI 1. RANGF, 25 I:AST. COLLIER C()UNTY. FI,OIilI)A, SAIl) PARCIil. ()F I,AND BEING MORI£ I'AI{TICIJI,ARI,Y I)ESCRIBFJ) AS FOI,I,()WS: COMMF~N('I:4(~ AT TI ti:. SOIJ"I'I Il!AWl' CORNI.:I{ OF SAIl) SI.~CTION 21: TIll:NC1.: NORTII 89°50'30'' WENT AI.ON(i TI II5 SOU'I'I tERI,Y LINE OF TI IE S()U'I'I tEAST QUARTI£R (SE1/4) OF SAID SECTION 21 FOR A I)ISTANCE OF 995.63 I:EET: TIIENCE I,EAVING SAIl) SOUTHERI,'~' LINE NOI{TIt 00°09'30.' EAST FOR A DISTANCE OF I00.00 FEFT TO AN INTERSECTION \VITI I .,\ I,INE 100.00 FF, ET NORTI tERLY OF AN[) PARALLEL \VITIt TIlE SAID SOU'I'ttERL'~' l. INli O}: 'I'1 tli SOUTIttL.\S'I' QUARTI-'R (SE1/4) OF SECTION 21, TIlE POINT OF BF, GINNIN(} OF TIlE IIF. REIN DESCRIBE[) PARCEl. NO. 1: THENCE NORTlt 89°50'30.. \VEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET: TllENCE LEAVING SA I D I'AR..\LI,EL LINE NOP, Tt t 00"42'02" \\;ES'l-FOR A DISTANCE OF 1210.87 FEET; THF_,NCE SOUT]t 89050'30.' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTIt 00°09'30.' EAST FOR A DISTANCE OF 5.00 FEE]'; THENCE SOUTIt 89°50'30" EAST FOR A DISTANCE OF 154.92 FEET; TttENCE NORTIt 00°09'30" EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION \VITtt A NON-TANGENT CURVE FROM V, q tlCIt TIlE RADIUS POINT BEARS NORTIt 62°11'56" EAST; TItENCE SOUTItI~ASTt.~RL'~' AI,ONG SAID CURVE, CONCAVE NORTItEASTERLY, ItAVING A RADIUS OF 250.1)0 FEET, A CENTRAL ANGLE OF 62°55'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY; TItENCE NORTIt 89°16'53" EAST FOR A DISTANCE OF 55.53 FEET; TttENCE SOUTtt 00°43'07.. EAST FOR A DISIANCE OF 505.08 FEET; THENCE NORTIt 89°50'30" \\.'EST FOR A DISTANCE OF 442.82 FEET; THENCE SOUTH 45°09'30'. \\q-;ST FOR A DISTANCE OF 151.26 FEET; THENCE SOUTIt 00°09'30.. WEST FOR A DISTANCE OF 100.00 FEET; TttENCE SOUTtt 45°09'30.. \\~S'F FOR A DISTANCE OF 200.00 FEET; Page 4 of 5 1998 THENCE SOUTIt 00°09'30" WEST FOR A DISTANCE OF 390.00 FEET; THENCE SOUTIt 45°09'30'' WEST FOR A DISTANCE OF 190.00 FEET; THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 338.00 FEET: TO THE POINT OF BEGINNING; CONTAINING 18.415 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Page 5 of 5 1998 COLLIER CO'J~$TY LAND REVELOp.v, EI;T CODE ;eRICH ,. ~NCLUDES THE CO:~PREHE::~iVE ZON~N~ REGU~T~O~:S F~R THE UNiNCORPOPAT~D AREA JF COLLIER COUNTY, FLORIDA BY AXEI;DI::~ THE OFFiCiAL ZO:;i~:$ ATLAS ~P NUMBER 8521:~ AND 8521S; BY CLASS:FICAT~Oll OF THE HEREIN DESCRIBED REAL PROPERTY ~OM 'A" RUPAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLAN:lED UNIT DEVELOPMENT KNOWN AS COLLIER T~CT 2~, FOP~<ERLY BEACHWAY PUD, ~OR A GOLF COURSE A~;D ACCESSORY A~ID I[ICIDENTAL FACILITIES i:;CLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 CO[~:4ERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED ~ETWEEN U.S. 41 O}1 THE EAST ~D VANDERBXLT DRIVE O:t THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 2:, ~"" ' 48 SOUTH, PANGE 25 EAST, ,O~N~HIr COLLIER COUNTY, FLOP.:~A, CONSISTING OF 267.44~ ACRES~ PROVIDING FCR THE RE~L OF ORDINANCE - - NUMBER 99-45~ AND BY ~POVIDING AN EFFECTIVE DATE. ~ ':~' !4 ~9 ~:HE~.EAS, ~.. E:u:e Ancers:r. of Young, van Assenderp & '.'arr. a-~ce, P.A., represen:~ng C.;ii~er Developmen: Corporation, -'~'. ~etL~lone: =he Soard cf Coun:y i&r.r, lssioners :o change'~he zoning ....... ..0.'., THEP. EF~RE · ~ .... ~E iT OR2AiNE2 &y :r.e Board of Coun:y ~r~.~::r.e:~ of Collle: Count..', Fio:::a: Tke :~n~n$ classlflca:i:n :f ~he herein described real ..... :y, Fi:r:da, :, cban~e: fr:m "A" Rural Agriculture :o "~%'~" ,~r.: "PUD" :~ "PU:'" ~ianr. e: Uni% 2evelcpmen% :n accordance ',::ih ~r.e ~&iiier Tract '', f-- . ly 5eachway PUD attacneu nere~c as Exhm=:~ "A" and :nccrpora:ed by reference here:r.. ~- C ..... al Zonmn~ A:ias :-:ap ::ur~er 8,,1.. and 8521S, as ~esc::be: in Ordinance Num~er 91-[02, %he Collier Coun:y Land SE~Ti~:: TWO: .. ........ 44 4~ OrC:nance Nur~er 99-45, "}F0 t':' :ne 5card of Counuy Ccrr.:ssmoners of Collier County, kn:wn as Reachway adopted on June 5, is DEC 0 8 1998 ...... ,~: -., BERRY, Chairman -2- COLLIER. TRACT 21 A PLAN~ED UNIT DEVELOPMENT PREPARED BY: YOUNG. VAN ASSENDEI~ 8: VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 November 5, 1998 DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC:. DATE APPROVED BY BCC: ORDINANCE NUMBER: AGE~ SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI TABLE OF CONTENTS PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOLF COURSE AND LAKES RESERVE GENERAL DEVELOPMENT COMMITMENTS EXHIBIT "A" PUD MASTER PLAN SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.I PURPOSE The purpose of this Section is to set forth the location and ownership o£the properly, and lo describe the existing conditions of the property proposed to be developed under the project name of Collier Tract 21 Planned Unit Development. 1.2 LEGAL DESCRIPTION PARCEL NO. I A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTI4, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89°50'30" WES'F AI,ONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°09'30" EAST FOR A DISTANCE OF 100.00 FEET 'FO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF Tt4E SOUTIIEAST QUARTER (SE1/4) OF SECTION 21; THENCE NORTH 89°~0'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. THENCE NORTH 89°50'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE :30.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF TIlE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21; THENCE NORTH 01°32'23" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 FEET: THENCE LEAVING SAID PARALLEl, LINE SOUTH g§°27'37" WEST FOR A DISTANCE OF 30.00 FEET TO AN IN'I"ERSECTION WITH THE SAID EASTERLY LINE OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION 21; THENCE NORTH 01032'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH flg°51'49'' WEST ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION \~,qTH THE AGEt, ~T · DEC 0 8 1998 ,,,, //? EASTERLY LINE OF TItE WEST ONE-ItALF (\VI/2) OF TilE SAID SOUTHWES'F QUARTER (S\VI/4) OF SECTION 21; THENCE NORTH 01 °52'47" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEET TO AN INTERSECTION \VlTIt A LINE 399.71 FEET NORTHERLY OF AND PARALLEL WITH TIlE SOUTHERLY LINE OF THE NORTtt ONE-ItAI.F (N1/2) OF TItE SOUTH ONE-HALF (S I/2) OF THE NORTHWEST QUARTER (NWl/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21: THENCE SOUTII 89°57'13" WI'~ST AI.ONG SAIl) PAIL, XLLEL LINE FOR A DISTANCE OF 1304.52 FEET TO AN INq'ERSf}C'I'ION WITtl A I.INE 50.00 FEET EASTERLY OF AND PARALLEL WI'I'll TI IE WI~S'I I'~RI.Y I.INE OF SAID SI~C'I'ION 21, SAID I.INE BEING TIlE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901; THENCE NORTH 02°13'17" WEST AI.ONG SAID RIGItT-OF-WAY LINE FOR A DISTANCE OF 1473.46 FEET TO AN INTF. RSECTION WITII A LINE 1752.45 FEET SOUTttERLY OF AND t'ARAI.i.E[. WI'Ttl THE NORTIIERI.Y I.INE OF SAID SECTION 21; TtfENCE LF. AVING SAID E,,\STERI.Y RIG}IT-OF-WAY LINE NORTH 89°33'45'' EAS'T ALONG SAID PARAI.LEL LINr.: FOR A DISTANCE OF 1588,50 FEET TO AN INTERSECTION \VITtt TIlE SOU'FHERLY LINE OF BULKHEAD LINE NO. 2 AS RECORDED IN I'LAT BOOK 1. PAGE 16 OF TttE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE SOUTft 20°30'21.. EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY. SOUTHEASTERLY, EASTERLY, NORTttEASTERI.Y AND NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE NORTttERI.Y, }lAVING A RADIUS OF 400.00 FF. ET. A CENTILAI. ANGLE OF 157°43'50" FOR AN/'.,RC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTItERLY, NORTItEASTERLY, EASTERLY, AND SOUTHEASTERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE SOUTttEASTERLY, tlAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 124°16'03'' FOR AN ARC DISTANCE OF 1084,44 FEET TO A POINT OF TANGENCY; TttENCE SOUTtl 53°58'08'' EAST FOR A DISTANCE OF 505.81 FEET TO AN INTERSECTION ',,VITI l THE ',,VESTERLY I.INE OF LANDS DESCRIBED IN OFFICIAl. RECORD BOOK 1355. PAGE 1011, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE SOUTtt 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1066.03 FEET TO 'TItE SOUTH\VEST CORNER OF SAID LANDS; THENCE NORTH 89°20'50" EAST ALONG TIlE SOUTItERLY LINE OF SAID I.ANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION \~,qTt..I TIlE WESTERLY LINE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA', THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 60,00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WALKERBILT ROAD: 2 1998 THENCE NORTtl 89°20'50'' EAST ALONG SAID SOUTttERLY LINE FOR A DISTANCE OF 600.21 FEET; THENCE NORTtt 89°21'48" EAST CONTINUING ALONG SAID SOUTItERLY LINE FOR A DISTANCE OF 731.07 FEET TO TItE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 00043'07.. EAST ALONG TIlE WESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET; THENCE NORTIt 89021'48'' EAST ALONG THE SOUTItERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION ~kqTH THE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45); THENCE SOUTIt 00°4Y07" EAST ALONG SAID WESTERLY RIGttT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET; THENCE LEAVING SAID WESTt.~RI.Y LINE SOUTtl 89016'53'. \VEST FOR A DISTANCE OF 55.53 FEET TO A POINT OF CURVATURE; THENCE NORTttWESTERLY ALONG SAID CURVE, CONCAVE NORTItEASTERLY, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62%5'02" FOR AN ARC DISTANCE OF 274.53 [:I.~F.T TO A I'OINT OF INTERSECTION WIT11 A NON-TANGENT LINE; THENCE SOUTIt 00°09'30" WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTH 89050'30'' \VEST FOR A DISTANCE OF 154.92 FEET; THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 5.00 FEET: THENCE NORTH 89050'30.' WEST FOR A DISTANCE OF 801.92 FEE]'; THENCE SOUTH 00042'02.' EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT OF BEGINNING; CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 2 A PARCEL OF LAND LYING IN SECTION 21, TO~tqqSttlP 48 SOUTtt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE NORTHEAST CORNER OF TIlE SOUTHEAST QUARTER (SE I/4) OF SAID SECTION 21; TItENCE SOUTH 89'50'41'' WEST ALONG TIlE NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FOR A DISTANCE OF 8 i 8.47 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTtt 00040'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 2: DEC 0 8 1998 4"? TItENCE SOUTH 89°21 '48" WEST ALONG SAID NORTItERLY LINE FOR A DISTANCE OF 356.00 FEET TO AN INTERSECTION WITII A LINE PARALLEL WITII 'FILE WESTERLY RIGItT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ); THENCE LEAVING SAID NORTItERLY LINE NORT}t 00o40'47'' WEST ALONG SAID PARALLEL LINE ?OR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 3, AS RECORDED IN PLAT BOOK 1, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH TIlE RADIUS POINT BEARS NORTtt 20°56'08'' EAST; THENCE EASTERLY ALONG SAID SOUTItERLY LINE AND ALONG SAID CURVE, CONCAVE NORTHERI.Y. ItAVING A RADIUS OF 400.00 FEET. A CENTRAL ANGI,E OF 53°0Y24'' FOR AN ARC D1 STANCE OF 370.41 FEET TO A POINT OF INTERSECTION \VITH A NON-TANGENT I.INE WHICtt IS PARALLEL \VITIt TIlE AFORESAID WESTERLY RIGttT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R 45): THENCE SOUTtI 00°40'47'' EAST ALONG SAID PARALI.I-i1. lANE FOP, A DISTANCE OF 630.00 FEET TO TI IE POINT OF BEGINNING; CONTAINING 4.790 ACRES OF [.AND. MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 3 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTtt. RANGE 25 EAST, COLLIER COUNTY. FI.ORII)A, SAID PARCEI. OF LAND BEING MORE PARTICUI.ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21: THENCE NORTH 89050'30'. WEST ALONG TttE SOUTHERLY LINE OF TIlE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET: THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITIt A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTItERLY LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 21. THE POINT OF BEGINNING OF THE tfEREIN DESCRIBED PARCEL NO. I: THENCE NORTft 89°50'30" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET; THENCE LEAVING SAID PARALLEL LINE NORTtt 00042'02'. WEST FOR A DISTANCE OF 1210.87 FEET; THENCE SOUTH 89°50'30'. EAST FOR A DISTANCE OF 801.92 FEET: THENCE NORTH 00°09'30'' EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 89o50'30'' EAST FOR A DISTANCE OF 154.92 FEET: THENCE NORTtt 00009'30.. EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WItlCH THE RADIUS POINT BEARS NORTH 62°11'56" EAST; 1998 TIIENCE SOUTttF. ASTERI. Y AI,ONG SAIl) CURVE, CONCAVE NORTIIEASTERLY, IIAVING A RADIUS O1:250.00 FEI'YF, A CENTILAL ANGLE OF 62055'02'. FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY; THENCE NORTII 89° 16'53" EAST FOR A DISTANCE OF 55.53 FEET; TIIENCE SOtJTtt 00°43'07'' THENCE NORTH 89°50'30" THENCE SOUTII 45o09'30.' WEST THENCE SOUTH 00°09'30" WEST THENCE SOUTlt 45°09'30.' WEST THENCE SOUT}t 00o09'30.' WEST THENCE SOUTIt 45009'30.' WEST THENCE SOUTIt 00"09'30" WEST TO THE POINT OF BEGINNING; EAST FOR A DISTANCE OF 505.08 FEET; WEST FOR A DISTANCE OF 442.82 FEET; FOR A FOR A FOR A FOR A FOR A FOR A DISTANCE OF 151.26 FEET; DISTANCE OF I00.00 FEET; DISTANCE OF 200.00 FEEl'; DISTANCE OF 390.00 FEET; DISTANCE OF 190.00 FEET: DISTANCE OF 338.00 FILET; CONTAINING 18.415 AC'RI']S ¢)I: I,AND, MORE OR LESS. SUBJECT TO EASF~MENTS AND RESTRICTIONS OF RECORD, 1.3 PROPERTY OWN [:.P, SI tip The subject property is currently owned by Collier Development Corporation. 3003 Tamiami Trail North. Naples. Florida 34103. 1.4 GENERAL DESCR. IPTIONS OF TIlE PROPERTY The project site is located between U.S. 41 on the eastem border and Vanderbilt Drive on the western border, lying north of 11 ! th Ave. and south ofthe Cocohatchee River. The zoning classification of the subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 PttYSICAL DI-!SCRIPTION The project site is a mixture of range land. upland forests, barren land and wetlands. ]'he wetlands border the Cocohatchee River to the north. Several small isolated seasonal ','.'et prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast comer of the property v,'hich from there slopes downward to the northwest and the river. The soils are a species of fine sands (An.ell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. DEC 0 8 1998 1.6 STATEMENT OF CONSISTENCY WITIt THE GROWTH MANAGEMENT PLAN The development of Collier Tract 21 as a Planned Unit Development is consistent with the planning goals, objectives and policies of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. This PUD represents a reduction of density, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance No. 90-45 to no dwelling units. Thc 3.4 acre Commercial Tract "C" is considered to be within the Activity Center by virtue of the Activity Center 75% Rule of the Future Land Use Element, and is, therefore, consistent with the Growth Management Plan. Tract "C" is a portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center, which is legally described in Section 1.2 of the PUD document. Consistency with the goal requiring well planned and compatible land uses and objectives which establish density levels are designated in the plan. Thc proposed project furthers these standards including the use of creative PUD design with useable open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Collier Tract 21 P.U.D. AGENDa, Eg 0 8 1998 2.1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of 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 Ao Regulations for development ofthe Collier Tract 21 PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts ortho Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or 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. Bo Unless othe~'ise 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 date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of thc Collier Tract 21 PUD shall become pan ofthe regulations which govern the manner in which the PUD site ma)' be developed. Unless specifically waived tl'u'ough 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. 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. County open space requirements for the Collier Tract 21 PUD are deemed satisfied by the golf course, and no separate open space requirements shall be applied to the Commercial Tract. DEC 0 8 1998 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be four (4) land use parcels. The master plan also includes water management systems. The project parcels will be grouped according to the following land use categories: Land Use Tracts "G": Golfcourse,+170.5 acres "C"' Commercial, 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms, +3.4 acres "I,": Lake, m29 acres "RS": Reserve. +64.5 acres TOTAL ±267.4 acres 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 property, as may be necessary.. Co 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 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A° Exhibit "A". PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development ofthe land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. Bo The provisions of DMsion 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. · G E h DA~JI'.E.la. 1998 Co Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and the methodology 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. Prior to the recording of any Record Plats, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. 2.6 LANDSCAPE BUFFER There shall bca 15 foot vegetative buffer provided along U.S. 41, 11 lth Avenue North, Walkerbih Road and Vanderbilt Drive at the project boundaries. Within this buffer, project landscaping and perimeter treatments provided in Section 6.15 of this PUD, including a combination of wails or fences and berms up to 14 feet in height, no more than 8 feet of which may be wall or fence, shall be altowed. Ifa parallel road is constructed along U.S. 41, there shall bc no separate or additional landscape buffer requirements applied to said parallel road. 9 DEC 0 8 1998 3.1 SECTION III COMMERCIAL PURPOSE The purpose of this section is to identify specific development standards for the area to be developed on Exhibit 'A" as Tract "C" Commercial. 3.2 MAXIMUM SQUARE FOOTAGIi A maximum orS0,000 square feet of gross leasable area may be constructed on Tract "C". Ifa hotel with accessory uses is developed on Tract "C', the maximum square footage shall be reduced by 225 square feet for every hotel room. 3.3 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or part. for other than the following: . A. Principal Uses All uses allowed as permitted and conditional uses in the C-3 zoning district as of the effective date of the Collier Tract 21 PUD ordinance. 2. Hotels and motels not to exceed 100 units. 3. An.,,' uses permitted on GolfCourse and Lake Tracts. An.,,' other use which is comparable in nature with the foregoing uses which the Planning Sen'ices Manager determines to be compatible with the intent of this PUD district. B. Accessory Uses Customary accessory uses including meeting rooms and sit down restaurant for hotel and motel. 10 IIIIIIIIIIIIIIIIIIII I I III III II ....................... 1 3.4 DEVELOPMENT STANDARDS A. General- All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: 10,000 square feet. C. Minimum Lot Width: 75 feet D. ..Mirfi nmm Yards: Front yard' 25 feet; 30 feet on U.S. 41 plus 5 feet for each story in excess ofone stor)'. Side y'ard: 15 feet. Rear yard: 15 feet. An3' yard abutting a residential parcel: 25 feet. E, Minimum Floor Areas: 700 square feet. Off-Street Parking and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. G. Maximum Height: 1. Principal and accessoD' structures - 50 feet. Access: Motor vehicle access to Tract C, which shall also serve as the access to the golf course and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point will be signalized by the State of Florida Department of Transportation CFDOT') pursuant to a separate agreement with Collier Development Corporation for thc widening of U.S. 41. 11 AGE~ N~ DEC 0 8 1998 ._._P.% 4.1 SECTION IV GOLF COURSE AND LAKES PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A" as Tracts "G" Golf Course and Tracts "L" Lake. 4.2 USES PERMI'ITED 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 follov.'ing: A. Permitted Principal Uses and Structures Gol fcourscs, biking, hiking, canoeing, and nature trails, bridges, boardwalks, overlooks, and all uses permitted in the Reserve Area Tract. Parks, tcnnis and racquetball courts, basketball courts, exercise courses, and swimming pools, and an>' other community neighborhood recreational facilities. Community recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. Water Management and essential services facilities, landscape buffers, berms, and walls or fences and any other perimeter treatments as provided in Section 6.15 of this PUD. o Any other recreational and open space activity or use which is similar in nature with the foregoing uses and which the Planning Services Director determines to be compatible with the intent of this PUD district. 6. Gates and gatehouses. 7. Child c,'u'e centers, ifauthorized by Members. Utility facilities including a reverse osmosis facility or similar facility used to treat and/or produce water for irrigation of the golf course, golf course maintenance and golf cart storage facilities. Sales Center for golf course memberships. 12 Bo Permitted Accessory Uses and Structures o Accessory uses and structures customarily associated with the uses permitted in this district, provided that the clubhouse building shall not exceed 60,000 square feet. 2. Essential services and facilities, including irrigation pumphouses and facilities. 3. Caretakers residence. 4. Sales offices/centers and propcrty managcmcnt officcs. 5. '['cmporary construction office, 4.3 DEVELOPMENT STANDARDS Overall site design shall be ham'~onious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas as detemfined by site development plan regulations. Bo Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way, and fifteen (15) feet from any property lines. Unless otherwise specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. C° Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Maximum height of structures: Fifty (50) feet. Minimum distance between principal structures: Fifteen (15) feet. F. Setback from lakes: Twenty (20) feet. Go Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier Count>' regulations in effect at the time of site development plan approval. H. The Golf Course and Lake Tracts need not be platted. The following standards if any structures are constructed thereon: Golf Course Tract lying north of Walkerbilt Road shall be subject to the 13 0 8 1998 i MasonE,' wall or similar pre-fabricated wall at least 8 feet in height along the east and ,.,,'est property lines and set back at least 10 feet from said properly lines. Within said east and west setbacks, exterior to the walls, canopy trees at least 12 feet in height shall be planted twenty-five (25) feet on center. Along the south properly line, except for any driveway, a fifteen (15) foot landscape strip shall be installed to provide a 100% opacity rating within one (I) year of installation. 14 5.1 5.2 SECTION V RESERVE AREA PURPOSE Rescr~'c Area - Thc purpose is to prescr~'c and protect vegetation in its natural state and allow limited recreational uses subject to receipt ofappropriatc permits. It is designated Tract "RS" Reserve on Exhibit "A." USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses Open spaces/nature preserves, golf cart tee boxes and goifcourse bridges and paths. Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. 15 r}Et: 0 8 1998 SECTION Vl GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is lo set forth the general commitments for development of the project. 6.2 P.U.D. MASTER PLAN All facilities shall be c(mstructcd in accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations in effect on the effeclive date of the Collier Tract 21 PUD except ',,,'here specifically noted. A. The PUD Master Plan (Exhibit "A") is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. Co Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the kand Development Code. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sen'ice utilities. Agreements, provisions, or covenants which govern the use, mainlenance and continued protection of the PUD and common areas, will be provided. 6.3 SOLID WASTE DISPOSAL An agreement between lh¢ Developer and the approved wasle disposal service shall be entered into in order to provide for solid waste collection service Io ali areas ofthe project. 6.4 TRANSPORTATION A. Golfcourse maintenance/service drivev.'ays shall be permitted on Vanderbilt Drive, 111" Avenue and Walkerbilt Road. 16 6.5 Bo Prior to or at Tract or Golf entrance, but the time ofcomplcti°n of construction of thc last of the Commercial Course Tracts. the Developer shall provide street lighting at the project lighting shall not be required for maintenance/serx'ice driveways. I fgate houses arc to be used, they shall be located so as not to cause entering vehicles to be backed up onto an5' State or Count>' road. Do P, oad impact fees shall be in accordance with the schedule contained in Ordinance 92-22, or as it ma5' be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Count>' Commissioners. WATER MANAC}I:~MF~NT Dctaitcd site drainage plans shall bc submitted to Engineering Review Sera, ices for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering P, cvicw Sen'ices. Bo Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier Count>' Land Development Code. An [';xcavmion Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. A Conceptual permit from South Florida Water Management District or, a copy of the permit application with supporting information submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of the Naples Park North Drainage Basin Outfall north of 111'~' Avenue will not significantly impacted by the installation of thc culvert pipes and lake system in thc proposed modified Basin Outfall across this proposed golf course project. :! 6.6 ENVIRONMENTAl. Petitioner shall bc subject to Division 3.9, Vegetation Removal, Protection and Prese~'ation of the Land Development Code. A site cleating plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substantial work on thc site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical AGE~I 17 PO.. Bo Co Fo and ho,,',' roads, buildings, lakes, parking lots. and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan for the commercial tract will be submitted to Current Planning Environmental staff for their review and their approval. This plan will depict the incorporation ofnative species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and prescn'e areas. Following site development, a maintenance program shall be implemented to prevent re-invasion o£the site by such exotic species. This plan. ,,,,'hich will describe control techniques and inspection intervals, shall be filed with and appro,,'cd by the Current Planning Environmental staff. Pursuant to Section 2.2.25.8.1 ofthc Land Development Code, if. during thc course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development v,'ithin the minimum area necessary to protect the discoveo' shall be immediately stopped and the Collier County Code Enforcement Department contacted. Any future proposed dock construction shall comply with the Florida Department of Environmental Protection (DEP)/Collier County Manatee Protection Plan. If turkey oaks are discovered during tree removal permitting, the.,,' shall be transplanted to the upland preserve areas or utilized in project landscaping. Environmental permitting shall be in accordance ,,vith the State of Florida Environmental Resource Permit (ERP) rules and regulations, as ,,,,'ell as the U.S. Army Corps of Engineers §404 Permitting Program. Removal of exotic vegetation shall not be the sole means ofmitigation for impacts to Collier County jurisdictional wetlands. All conservation shall be recorded on an5' required plats with protective covenants per or similar to §704.06. Florida Statutes. In the event platting is not required, conservation easements shall be recorded for such areas, subject to uses and limitations similar to or per Florida Statute Section 704.06. Conservation areas shall be maintained by the golfclub, and these areas shall be dedicated to Collier Count3' on plats or easements, as applicable, with no responsibility for maintenance. 18 Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staffshall be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occurring in jurisdictional areas addressed by such permits. Construction or earl>' work permits from the South Florida Water Management District shall be presented prior to Final Site Plan/Construction Plan approval. Petitioner shall coordinate protected wildlife species issues through the ERP and CORPS §404 permit review process and comply with tile guidelines and recommendations of the U.S. Fish and Wildlife Scmice and Florida Game and Freshwater Fish Commission. Where a protected species occur on site, a Habitat Management Plan for those protected species shall be submiued to Current Planning and Environmental Staff for review and approval prior to Final Site l'lan/Construction l'lan approval. 6.7 FIRE PROTECTION The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with regulations in effect at thc time of construction. 6.8 ENGINEERING AND UTILITIES Ao Work within Collier Count>' right-of-v.'ay shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. Bo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Co All customers connecting to tile water distribution and sewage collection facilities to be constructed will be customers of thc Count.',' and will be billed by the Count.',' in accordance with tile County's established rates. Do Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. 19 iDEC 0 8 1998 6.9 DEVELOPMENT SEQUENCE AND SCHEDULE The proper~y is to be developed over an estimated 4 year time period. This projection of project development is no more than an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors. 6.10 EASEMENTS Easements shall be provided for water management areas, utilities and other purposes as required. 6.11 LAKE SITING As depicted on thc I'.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals arc to achieve an overall aesthetic character for thc project, to permit optimum use of thc land. and to increase the efficiency of the water management network. Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced with the approval of the authorized County official. Fill material from the lakes are planned to be utilized within the project, tIowever, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards ma>' be removed and utilized off- site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% oftotal or maximum of 20,000 cubic yards must meet the requirements ora commercial excavation per Ordinance No. 88-26. To assure site specificity, construction plans must be submitted with excavation permit submittal. 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the PUD at U.S. 41. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (I 5) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. 20 Utilization ofthe public rights-of-way for landscaping decorative entrance ways, and signage shall be reviewed and approved by the Transportation Director prior to an)' installations. 6.13 ESSENTIAL SERVICES Essential services as defined in Land Development Code Section as permitted or conditional uses are considered as an acceptable pein'fitted use in all land use categories within the project. 6.14 ROADS Thc entrance to thc golf course club shall be a driveway and shall not be subject to the provisions of Land Development Code Section 3.2. Roads within the commercial tract ofthe development may bc either public or private roads, depending on location, capacity, and design. Gating and/or gatehouscs may be located on driveways or private roads only. 6.15 PERIMETER TREATMENTS The perimeter of the project is intended to be buffered/screened from adjacent properties and rights-o f-way by combination ofany or all ofthe following; vegetative buffers, berms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or ¢,her architectural monuments be incorporated within the perimeter treatment and that this PUD document's setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the Engineering Review Services for line-of-sight traffic requirements. The buffering/screening of the perimeter of the project shall be of such design that it will allow the runoffto flow as designed by the water management system. F:\USER$~.ANA\WpS,SECTION.21\PUD RI:'V I101 v, pd November 5. 1998 0 8 998